WEBVTT - The American Plan

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<v Speaker 1>You're listening to History on Trial, a production of iHeart Podcasts.

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<v Speaker 1>Listener discretion advised. On October thirty first, nineteen eighteen, Nina

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<v Speaker 1>McCall's life changed. Nina, who had turned eighteen only two

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<v Speaker 1>months before, was running errands in Saint Louis, a small

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<v Speaker 1>town in central Michigan. Outside the post office, she ran

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<v Speaker 1>into Saint Louis's deputy sheriff, Lewis Martin. Nina knew Martin.

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<v Speaker 1>He had a daughter, Bernice, who was close to Nina's age.

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<v Speaker 1>Nina had even been over to the Martin home to

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<v Speaker 1>visit Bernice. The Martins had always been nice lately, though,

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<v Speaker 1>Deputy Martin had been acting strangely. He was always talking

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<v Speaker 1>to girls and young women, having tense conversations with them

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<v Speaker 1>on the street, and sometimes even taking them away in

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<v Speaker 1>his car. Nina didn't know what he was up to,

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<v Speaker 1>but it made her uneasy. When Martin approached, she was

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<v Speaker 1>right to be frightened. Martin had bad news for her.

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<v Speaker 1>A state health official, he said, needed to examine her

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<v Speaker 1>for sexually transmitted infections, and they needed to do it

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<v Speaker 1>right away. Nina was confused and upset. She had never

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<v Speaker 1>had sex, so how could she have a sexually transmitted infection,

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<v Speaker 1>but the sheriff had ordered her so Nina went home

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<v Speaker 1>and asked her mother Minnie, to accompany her to the

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<v Speaker 1>office of doctor Thomas J. Carney, the health official in

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<v Speaker 1>nearby Alma. When the McCalls got to Carney's office, the

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<v Speaker 1>doctor told Nina that somebody had reported her as having

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<v Speaker 1>an STI and that he needed to examine her. Nina refused,

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<v Speaker 1>but Carney insisted, and when Nina still said no, he threatened,

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<v Speaker 1>telling Nina that she would be sent to prison if

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<v Speaker 1>she did not submit to the examination. Reluctantly, Nina agreed.

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<v Speaker 1>She had never had a gynecological examination before. The exam

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<v Speaker 1>was terrifying and painful. After examining slides he had taken,

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<v Speaker 1>Carne informed Nina that she was quote slightly diseased. She

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<v Speaker 1>had gone rhea. Nina couldn't believe it, neither could her mother.

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<v Speaker 1>They argued, with Carney saying that Nina had never shown

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<v Speaker 1>any symptoms of an STI and had never even had sex.

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<v Speaker 1>Carney was obstinate Nina had gonorrhea and she needed to

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<v Speaker 1>receive treatment. Not just any treatment, either, Nina would have

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<v Speaker 1>to be locked away for it. Taken to a detention

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<v Speaker 1>hospital and treated there. Why couldn't the treatment be done

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<v Speaker 1>at home, Minnie asked. It was too expensive for a

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<v Speaker 1>single mother like Minnie, Carney explained. Nina said she would

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<v Speaker 1>get a job to help with the costs. Not possible,

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<v Speaker 1>Carney replied, either she agreed to go to the detention hospital,

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<v Speaker 1>or he would hang a red placuard on the front

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<v Speaker 1>of her family home, declaring in all capital letters that

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<v Speaker 1>someone inside had a venereal disease. Nina recoiled. The shame

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<v Speaker 1>would be unbearable. She couldn't put herself or her family

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<v Speaker 1>through that, so she agreed to be committed to the

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<v Speaker 1>Bay City Detention Hospital. Seven days later, Carney's assistant, Ida Peck,

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<v Speaker 1>escorted Nina to the hospital in nearby Bay City, Michigan.

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<v Speaker 1>It was an imposing, three story brick building. Nina would

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<v Speaker 1>be kept in the hospital for three months, forced to

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<v Speaker 1>do manual labor, while also enduring agonizing, ineffective treatments. Even

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<v Speaker 1>when she was finally declared disease free, state health officials

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<v Speaker 1>would continue to harass her and force her to get

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<v Speaker 1>further treatment. Nina's story sounds like something else out of

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<v Speaker 1>a horror movie, but it was very real, and it

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<v Speaker 1>was not unique. Across the country. In nineteen eighteen, thousands

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<v Speaker 1>of women were being detained on the suspicion of having

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<v Speaker 1>an STI, forcibly examined, and imprisoned without due process. Health

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<v Speaker 1>officials were empowered to do all of these things under

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<v Speaker 1>a program that became known hauntingly as the American Plan.

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<v Speaker 1>Originally put in place during World War One to protect

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<v Speaker 1>soldiers from STIs, the American Plan would linger on even

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<v Speaker 1>in peacetime. In some places, women were detained under American

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<v Speaker 1>Plan laws even as late as the nineteen seventies. The

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<v Speaker 1>American Plan enjoyed broad popular support. Some of the most

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<v Speaker 1>famous public figures of the twentieth century Fiorello LaGuardia, Earl

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<v Speaker 1>Warren and Franklin, and Eleanor Roosevelt, to name just a few,

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<v Speaker 1>were enthusias bastic, proponents and enforcers of the Plan. They

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<v Speaker 1>believed that the Plan kept Americans safe, But the women

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<v Speaker 1>who suffered under the American Plan felt anything but safe.

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<v Speaker 1>They had been stripped of their rights, hurt and humiliated,

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<v Speaker 1>so they fought back. They escaped from detention, hospitals, held

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<v Speaker 1>hunger strikes, set fires, and some of them sued. One

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<v Speaker 1>of those who pursued the legal path was Nina McCall,

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<v Speaker 1>who filed suit against doctor Thomas Carney, his assistant Ida Peck,

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<v Speaker 1>and the superintendent of Bay City Detention Hospital, Mary Corrigan,

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<v Speaker 1>for abusing her. The resulting trial, which took place in

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<v Speaker 1>nineteen twenty, would put the central tenets of the plan

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<v Speaker 1>to the test. Could public health concerns outweigh civil rights?

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<v Speaker 1>Welcome to History on trial. I'm your host, Mira Hayward.

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<v Speaker 1>This week Rock v. Carney. On April sixth, nineteen seventeen,

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<v Speaker 1>the United States declared war on Germany and entered World

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<v Speaker 1>War One. By July nearly two million American men had

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<v Speaker 1>been called up as part of the medical exam. Upon

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<v Speaker 1>entering the military, soldiers were tested for syphilis and gonorrhea.

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<v Speaker 1>Many of them tested positive. Between August nineteen seventeen and

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<v Speaker 1>August nineteen eighteen, the Surgeon General of the Army reported

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<v Speaker 1>that nearly thirteen percent of all soldiers were admitted for

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<v Speaker 1>treatment for STIs. Sdis were costly and dangerous for the military.

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<v Speaker 1>Sick men needed treatment and could not fight. To combat

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<v Speaker 1>the problem, the government attempted to reduce sex work around

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<v Speaker 1>military camps. In May nineteen seventeen, Senator Wesley Livesey Jones

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<v Speaker 1>introduced an amendment to the Selective Service Act, the act

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<v Speaker 1>that invoked the draft, called Section thirteen. Section thirteen empowered

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<v Speaker 1>the Secretary of War to quote do everything by him

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<v Speaker 1>deemed necessary to suppress and prevent the keeping or setting

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<v Speaker 1>up of houses of ill fame, brothels, or body houses

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<v Speaker 1>within such distance as he may deem needful of any

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<v Speaker 1>military camp. Secretary of War Newton Baker wrote to officials

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<v Speaker 1>in locales with military camps and informed them that sex

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<v Speaker 1>work should be shut down within a five mile radius

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<v Speaker 1>of every camp. The federal organization leading STI policy was

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<v Speaker 1>the Commission on Training Camp Activities, or the CTCA. The

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<v Speaker 1>ctca's law Enforcement division deployed investigators across the country to

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<v Speaker 1>look into whether cities were complying with the federal government's requests.

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<v Speaker 1>These investigators were supplemented by agents from the Bureau of Investigation,

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<v Speaker 1>the predecessor of the FBI, private groups, and members of

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<v Speaker 1>the American Social Hygiene Association or ASHA. By the fall

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<v Speaker 1>of nineteen seventeen, thanks to these collaborations, the CTCA had

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<v Speaker 1>hundreds of investigators. At first, the ctca's work was limited

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<v Speaker 1>to the areas around military camps, but soon Army medical

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<v Speaker 1>officers determined that approximately five out of every six cases

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<v Speaker 1>of sexually transmitted infection in soldiers had been acquired before

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<v Speaker 1>the soldier arrived at camp. If the army wanted healthy soldiers,

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<v Speaker 1>they needed a healthy civilian population. The federal government began

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<v Speaker 1>encouraging states and cities to expand their repression of sex

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<v Speaker 1>work into areas outside of the five mile radius surrounding

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<v Speaker 1>military camps. This encouragement came with strong incentives. If cities

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<v Speaker 1>did not try to reduce STI rates, the military would

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<v Speaker 1>declare them off limits to soldiers or military camps, enormous

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<v Speaker 1>economic blows. In order to ensure compliance, the federal government

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<v Speaker 1>also encouraged local jurisdictions to pass laws that allowed health

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<v Speaker 1>officials to detain, examine, and quarantine women. To provide guidance

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<v Speaker 1>for states, federal officials met in DC in March nineteen

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<v Speaker 1>eighteen to draft a model law which states could adapt

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<v Speaker 1>and enact. The law contained twelve recommendations. These included a

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<v Speaker 1>requirement for physicians to report all STIs to the state

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<v Speaker 1>quarantine and compulsory treatment, prohibition of drug stores selling treatment

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<v Speaker 1>for STIs, thus requiring infective people to interact with physicians

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<v Speaker 1>and government officials to get treatment, and most critically, empowering

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<v Speaker 1>local health officers to examine Quote persons reasonably suspected of

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<v Speaker 1>having syphilis, gonorrhea, or shancroid. The term reasonably suspected was

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<v Speaker 1>extraordinarily broad. A woman could be reasonably suspected of having

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<v Speaker 1>an STI for activities as innocuous as walking with a soldier,

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<v Speaker 1>speaking to another woman thought to be a sex worker,

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<v Speaker 1>or even eating lunch alone. Women who were detained and

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<v Speaker 1>tested positive for syphilis and orgonrhea were sent to detention

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<v Speaker 1>hospitals or houses, which were essentially jails. Most had barbed

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<v Speaker 1>wire fences, armed guards, or both inside in often squalid conditions,

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<v Speaker 1>The women were forced to perform taxing domestic labor, like

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<v Speaker 1>scrubbing floors or cleaning bathrooms. Administrators saw this work, besides

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<v Speaker 1>being unpaid labor that benefited the institution, as part of

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<v Speaker 1>a larger program of moral reform, and I wish you

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<v Speaker 1>could see how big the air quotes I'm doing are.

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<v Speaker 1>It was not enough for inmates to be treated for

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<v Speaker 1>their physical conditions. Many officials involved in the American Plan

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<v Speaker 1>believed that these women needed instruction in conforming to a

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<v Speaker 1>specific set of moral and social norms. As part of

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<v Speaker 1>this program of behavioral correction, some detention houses used a

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<v Speaker 1>silence rule. Women there were not allowed to speak to

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<v Speaker 1>or even smile at one another. If they disobeyed this

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<v Speaker 1>prohibition or any other orders, they could face corporal punishment.

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<v Speaker 1>The women did receive treatment for their sdis they usually

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<v Speaker 1>had no choice in the matter. These treatments were largely

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<v Speaker 1>ineffective and often dangerous, since they were usually arsenic or

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<v Speaker 1>mercury based. Women also had their intelligence assessed with inaccurate,

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<v Speaker 1>discriminatory IQ tests. If a woman was bound to be

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<v Speaker 1>quote feeble minded, she could be imprisoned indefinitely. Feeble minded

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<v Speaker 1>women were seen to be prone to immorality. In the

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<v Speaker 1>worst cases, some of these women were sterilized, usually without

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<v Speaker 1>their consent. At this point, you might be one ding

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<v Speaker 1>why I'm only talking about women. After all, sexually transmitted

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<v Speaker 1>infections don't discriminate on the basis of gender, but not

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<v Speaker 1>everyone is as enlightened as a syphilis bacterium. Although the

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<v Speaker 1>Model law was gender neutral, its application never was very

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<v Speaker 1>Very few men were ever examined or quarantined under these laws.

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<v Speaker 1>There was a common misconception that women spread STIs more

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<v Speaker 1>than men did. As one federal public health official put it,

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<v Speaker 1>quote men take more precautions. Women are very negligent. It

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<v Speaker 1>was an obviously sexist assumption. But as the historian Scott W.

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<v Speaker 1>Stern writes in his book The Trials of Nina McCall,

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<v Speaker 1>these laws were based entirely on assumptions. Assumptions that quote,

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<v Speaker 1>young women were responsible for the indiscretions of young men,

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<v Speaker 1>That promiscuity in women was worse than it was in men.

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<v Speaker 1>That STIs merited jail time for women, That women could

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<v Speaker 1>not merely serve their time as men did, but that

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<v Speaker 1>they had to be cured of disease and be reformed

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<v Speaker 1>in order to merit release. Enforcement was also racist. CTCA

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<v Speaker 1>investigators were instructed to focus on black women and black neighborhoods. Unfortunately,

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<v Speaker 1>many local officials saw no problems with any of these

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<v Speaker 1>assumptions or biases. States began passing the model law quickly.

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<v Speaker 1>You might also be wondering about the constitutionality of these laws.

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<v Speaker 1>Surely people could not be locked up without due process

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<v Speaker 1>right wrong, at least according to United States Attorney General

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<v Speaker 1>Thomas Watt Gregory. On April third, nineteen eighteen, Gregory wrote

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<v Speaker 1>a letter to every United States attorney across the country

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<v Speaker 1>ordering that people arrested for prostitution should first be sent

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<v Speaker 1>to health officials for STI examination. If a woman was

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<v Speaker 1>found to be infected, she should be quarantined and treated.

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<v Speaker 1>Prosecution for her crimes should be suspended until she completed

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<v Speaker 1>this quarantine, meaning that she would be locked up without trial.

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<v Speaker 1>Gregory called the constitutionality of this plan quote clear. He

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<v Speaker 1>also told the US attorneys to report any local officials

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<v Speaker 1>who refused to go along with the plan. Gregory sent

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<v Speaker 1>a similar message to all US district judges. Even before

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<v Speaker 1>the creation of the model law, some states had used

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<v Speaker 1>their own initiative to make regulations. In October nineteen seventeen,

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<v Speaker 1>the Michigan State Board of Health ordered physicians to report

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<v Speaker 1>all cases of gonorrhea and syphilis and to apprehend, detain,

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<v Speaker 1>and treat anyone found to be infected. The secretary of

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<v Speaker 1>the board, Richard m Ollen, also met with pharmacists associations

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<v Speaker 1>and got them to agree to stop selling STI treatments.

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<v Speaker 1>Michigan's regulations closely mirrored what would appear in the Model Law.

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<v Speaker 1>Less than a year later, Nina McCall would experience firsthand

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<v Speaker 1>with those regulations meant. Nina McCall was born on September second,

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<v Speaker 1>nineteen hundred to Abe and Minnie McCall. Two years later,

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<v Speaker 1>Nina's younger brother, Vern arrived. The McCalls lived on a

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<v Speaker 1>farm outside of Bethany Township in central Michigan until nineteen ten,

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<v Speaker 1>when they moved to nearby Saint Louis. Saint Louis was

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<v Speaker 1>a small town, one where everybody knew everybody. In nineteen sixteen,

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<v Speaker 1>Abe McCall died, leaving his family in a difficult financial position.

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<v Speaker 1>Within a year, Minnie McCall had to sell their home

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<v Speaker 1>in Saint Louis. Minnie, Nina, and Verne moved to Alma,

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<v Speaker 1>a neighboring town. It was at this point that seventeen

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<v Speaker 1>year old Nina stopped attending school altogether. Her attendance had

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<v Speaker 1>always been spotty, but after the move to Alma, she

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<v Speaker 1>never went back. It was an exciting time to be

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<v Speaker 1>a young woman, even in a rural town like Alma.

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<v Speaker 1>More and more women were entering the workforce, giving them

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<v Speaker 1>greater economic power and a new level of independence. Young

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<v Speaker 1>women began to casually date more than they ever had before,

0:16:11.760 --> 0:16:16.000
<v Speaker 1>and rates of premarital sex rose. Nina herself began dating

0:16:16.040 --> 0:16:20.040
<v Speaker 1>a young man named Lloyd Knapp. In May nineteen eighteen.

0:16:20.240 --> 0:16:23.480
<v Speaker 1>Nina and Lloyd filed for a marriage license, but they

0:16:23.520 --> 0:16:27.320
<v Speaker 1>never completed the paperwork and never married. A month later,

0:16:27.400 --> 0:16:30.960
<v Speaker 1>the McCalls moved back to Saint Louis. At the same time,

0:16:31.160 --> 0:16:35.040
<v Speaker 1>soldiers were beginning to flood at Central Michigan. Alma was

0:16:35.080 --> 0:16:38.440
<v Speaker 1>home to the Republic Motor Truck Company, which made trucks

0:16:38.440 --> 0:16:41.760
<v Speaker 1>for the army, and soldiers arrived in droves to help

0:16:41.840 --> 0:16:45.120
<v Speaker 1>drive the trucks east. The presence of so many new

0:16:45.120 --> 0:16:49.160
<v Speaker 1>people met good things economically for the region, but there

0:16:49.200 --> 0:16:53.320
<v Speaker 1>were concerns too. In May, the Alma Record wrote that

0:16:53.360 --> 0:16:56.880
<v Speaker 1>the city council needed to quote do away with the

0:16:56.920 --> 0:17:00.400
<v Speaker 1>present state of affairs in the city, where men seemed

0:17:00.440 --> 0:17:04.160
<v Speaker 1>to think that they are privileged to accost ladies. Only

0:17:04.280 --> 0:17:08.119
<v Speaker 1>some ladies were entitled to protection. Though the record also

0:17:08.160 --> 0:17:11.840
<v Speaker 1>noted quote the presence of so many men is said

0:17:11.840 --> 0:17:17.840
<v Speaker 1>to be bringing women of an unsavory reputation into the city.

0:17:18.440 --> 0:17:22.360
<v Speaker 1>The record need not have worried the city's health officer,

0:17:22.600 --> 0:17:26.720
<v Speaker 1>Doctor Thomas J. Carney, was on the case. The forty

0:17:26.800 --> 0:17:29.359
<v Speaker 1>nine year old Carney, a NeDi of New Yorker, had

0:17:29.480 --> 0:17:34.000
<v Speaker 1>arrived in Alma three years earlier. An inflexible, dogmatic man

0:17:34.040 --> 0:17:37.720
<v Speaker 1>with strong beliefs, Carney was determined to root out any

0:17:37.800 --> 0:17:42.200
<v Speaker 1>sources of ill health, from unpasteurized milk to promiscuous women.

0:17:43.119 --> 0:17:45.760
<v Speaker 1>Carney would be aided in his work by Ida Peck.

0:17:46.600 --> 0:17:49.360
<v Speaker 1>Peck had held a number of jobs all across Michigan

0:17:49.400 --> 0:17:52.400
<v Speaker 1>in her fifty seven years. She had been a school teacher,

0:17:52.640 --> 0:17:56.280
<v Speaker 1>a private nurse, and a factory foreman. But beginning in

0:17:56.320 --> 0:18:01.560
<v Speaker 1>September nineteen eighteen, Peck would be a welfare worker. According

0:18:01.600 --> 0:18:04.920
<v Speaker 1>to Peck, quote, a welfare worker is one who looks

0:18:04.960 --> 0:18:08.840
<v Speaker 1>after the girls. In reality, it was less looking after

0:18:09.119 --> 0:18:13.359
<v Speaker 1>than looking into. Thomas Carney hired Peck to help enforce

0:18:13.440 --> 0:18:17.960
<v Speaker 1>Michigan's STI laws. Peck later described her work as identifying

0:18:18.000 --> 0:18:22.119
<v Speaker 1>and following women who quote raised a suspicion in my mind.

0:18:23.040 --> 0:18:25.679
<v Speaker 1>Then she would report these women to doctor Carney, who

0:18:25.720 --> 0:18:28.719
<v Speaker 1>would have them detained and then examine them for STIs.

0:18:29.440 --> 0:18:32.240
<v Speaker 1>If their results were positive, Peck would escort the women

0:18:32.280 --> 0:18:36.000
<v Speaker 1>to the detention hospital in Bay City, fifty miles northeast

0:18:36.040 --> 0:18:39.880
<v Speaker 1>of Saint Louis, Ida. Peck first heard Nina mccaull's name

0:18:39.920 --> 0:18:44.080
<v Speaker 1>in early October nineteen eighteen. She was transporting women to

0:18:44.160 --> 0:18:48.440
<v Speaker 1>Bay City when one of them mentioned Nina's name. Nothing more,

0:18:48.720 --> 0:18:51.720
<v Speaker 1>just her name, but that was enough for Peck to

0:18:51.760 --> 0:18:55.120
<v Speaker 1>put Nina on her radar. Less than a month later,

0:18:55.280 --> 0:18:59.760
<v Speaker 1>on October thirty, First Deputy Martin brought Nina into Carney's office.

0:19:00.359 --> 0:19:03.560
<v Speaker 1>Whether Carney and Peck had any reason for suspecting Nina

0:19:03.760 --> 0:19:07.600
<v Speaker 1>besides the fact that another woman mentioned her name is unknown,

0:19:08.560 --> 0:19:12.520
<v Speaker 1>but the reasons why didn't really matter one way or another.

0:19:13.000 --> 0:19:15.960
<v Speaker 1>Nina had been sucked into the grinding machinery of the

0:19:16.000 --> 0:19:21.280
<v Speaker 1>American Plan. As an aside, the term American Plan entered

0:19:21.280 --> 0:19:26.240
<v Speaker 1>widespread use only after World War One. Federal officials used

0:19:26.280 --> 0:19:29.240
<v Speaker 1>the term occasionally before that, but it was only in

0:19:29.320 --> 0:19:32.879
<v Speaker 1>nineteen nineteen that American Plan became the name for this

0:19:33.000 --> 0:19:37.000
<v Speaker 1>set of state and federal policies. The name American Plan

0:19:37.200 --> 0:19:40.679
<v Speaker 1>paralleled other national plans for the control of STIs and

0:19:40.720 --> 0:19:45.080
<v Speaker 1>sex work, like the French Plan, created under Napoleon. For example,

0:19:46.200 --> 0:19:49.879
<v Speaker 1>Nina didn't know the plan as anything. She might not

0:19:50.000 --> 0:19:53.040
<v Speaker 1>have even known how many other women were enduring what

0:19:53.160 --> 0:19:57.879
<v Speaker 1>she was. There were thousands of them in Michigan alone.

0:19:58.080 --> 0:20:02.880
<v Speaker 1>Between July one, nineteen eight eighteenth and June thirtieth, nineteen nineteen,

0:20:03.600 --> 0:20:07.359
<v Speaker 1>one thousand, one hundred and twenty one people were forcibly

0:20:07.400 --> 0:20:11.600
<v Speaker 1>detained for treatment, one thousand and seventy two of them women.

0:20:12.520 --> 0:20:16.639
<v Speaker 1>But Nina felt so alone. She would later say that

0:20:16.720 --> 0:20:19.400
<v Speaker 1>she only told her mother and her two aunts about

0:20:19.400 --> 0:20:24.359
<v Speaker 1>her experience because quote I was ashamed of it. To

0:20:24.440 --> 0:20:29.399
<v Speaker 1>contextualize Nina's reaction, STIs were so stigmatized at the time

0:20:29.840 --> 0:20:33.680
<v Speaker 1>that many newspapers would not even print the words venereal disease.

0:20:34.640 --> 0:20:39.280
<v Speaker 1>After Carney examined Nina, diagnosed her with gonorrhea and informed

0:20:39.280 --> 0:20:42.200
<v Speaker 1>her that she would need and her detention hospital for treatment,

0:20:42.720 --> 0:20:45.640
<v Speaker 1>he sent her home for the night. On the bus

0:20:45.720 --> 0:20:49.160
<v Speaker 1>ride home, Nina discovered that, as a result of Carney's

0:20:49.200 --> 0:20:54.760
<v Speaker 1>gynecological exam, she had bled through her trousers. The next day,

0:20:55.080 --> 0:20:58.000
<v Speaker 1>Nina traveled back to Carney's office to report to the hospital.

0:20:58.720 --> 0:21:01.000
<v Speaker 1>Carney told her that i'da pas was sick and could

0:21:01.040 --> 0:21:03.440
<v Speaker 1>not escort her, so Nina would have to return later.

0:21:04.160 --> 0:21:06.199
<v Speaker 1>He told her the same thing on every one of

0:21:06.240 --> 0:21:10.439
<v Speaker 1>her return visits for the next seven days. Strangely, for

0:21:10.520 --> 0:21:12.960
<v Speaker 1>a doctor who claimed that Nina was such a health

0:21:13.040 --> 0:21:16.600
<v Speaker 1>risk to her community, Garney didn't seem too stressed about

0:21:16.640 --> 0:21:21.080
<v Speaker 1>getting her quarantined. On November sixth, Ida Pek was well

0:21:21.200 --> 0:21:24.280
<v Speaker 1>enough to take Nina to Bay City. The hospital had

0:21:24.320 --> 0:21:27.520
<v Speaker 1>been constructed in nineteen eleven to hold patients with contagious

0:21:27.560 --> 0:21:32.160
<v Speaker 1>diseases like smallpox and scarlet fever. In February nineteen eighteen,

0:21:32.520 --> 0:21:35.320
<v Speaker 1>Richard Olan, the head of Michigan State Board of Health,

0:21:35.840 --> 0:21:38.879
<v Speaker 1>had requested that the hospital be transformed into a detention

0:21:39.000 --> 0:21:43.200
<v Speaker 1>hospital for women obtained under the American Plan. The city

0:21:43.240 --> 0:21:46.280
<v Speaker 1>readily agreed, in part because the state would pay them

0:21:46.320 --> 0:21:50.360
<v Speaker 1>for their services. Bay City would receive fifteen dollars per

0:21:50.480 --> 0:21:54.480
<v Speaker 1>patient per week, more than enough to cover any expenses

0:21:54.520 --> 0:21:58.960
<v Speaker 1>associated with the hospital. This kind of arrangement wasn't unusual.

0:22:00.000 --> 0:22:03.760
<v Speaker 1>Cities received state and federal funding to detain women, giving

0:22:03.760 --> 0:22:08.320
<v Speaker 1>them an economic incentive to enforce the plan. When Nina arrived,

0:22:08.400 --> 0:22:12.200
<v Speaker 1>she met the hospital's superintendent, thirty six year old Mary Corrigan,

0:22:12.440 --> 0:22:16.399
<v Speaker 1>a former nurse. She was given her first meal. She

0:22:16.440 --> 0:22:20.320
<v Speaker 1>would later testify that the food was mainly potatoes and beets.

0:22:20.960 --> 0:22:23.880
<v Speaker 1>Then she was shown into a small room with two beds.

0:22:24.560 --> 0:22:27.000
<v Speaker 1>Nina would have to share a bed with another woman.

0:22:27.680 --> 0:22:31.920
<v Speaker 1>The hospital was overcrowded. Its maximum capacity was only fifty,

0:22:32.280 --> 0:22:35.120
<v Speaker 1>but there were closer to sixty or maybe even sixty

0:22:35.119 --> 0:22:40.600
<v Speaker 1>five women there. When Nina arrived, A nurse drew Nina's

0:22:40.640 --> 0:22:44.120
<v Speaker 1>blood and sent it off for testing. Two weeks later,

0:22:44.200 --> 0:22:47.879
<v Speaker 1>the results came back. Nina had tested positive for syphilis.

0:22:48.480 --> 0:22:51.639
<v Speaker 1>We should take this result with a large grain of salt.

0:22:52.240 --> 0:22:55.439
<v Speaker 1>The test used at the time, the Wasserman test, had

0:22:55.480 --> 0:22:59.439
<v Speaker 1>a false positive rate of twenty five percent, but the

0:22:59.440 --> 0:23:02.280
<v Speaker 1>results were never questioned by the officials at Bay City.

0:23:03.160 --> 0:23:07.240
<v Speaker 1>Nina began to receive injections to treat her syphilis. Treatment

0:23:07.320 --> 0:23:11.480
<v Speaker 1>at this time consisted of injections of mercury and arsenic.

0:23:12.359 --> 0:23:16.400
<v Speaker 1>Not only did these injections not treat syphilis, they actively

0:23:16.520 --> 0:23:21.159
<v Speaker 1>harmed patients. Nina's hair began to fall out, her teeth

0:23:21.200 --> 0:23:25.240
<v Speaker 1>became sore and loose. Her arm where she got the

0:23:25.280 --> 0:23:29.800
<v Speaker 1>shots swelled up so much she could barely move it.

0:23:30.640 --> 0:23:34.160
<v Speaker 1>Despite these painful conditions, Nina was still forced to work.

0:23:34.200 --> 0:23:38.080
<v Speaker 1>While at Bay City. She washed dishes, scrubbed the operating

0:23:38.160 --> 0:23:43.160
<v Speaker 1>room floors, and scoured toilets. The work was interminable, grueling,

0:23:43.320 --> 0:23:46.920
<v Speaker 1>and unpaid. There was little time for fun, and even

0:23:46.920 --> 0:23:49.120
<v Speaker 1>if there had been, the women at Bay City were

0:23:49.200 --> 0:23:52.560
<v Speaker 1>kept mainly inside. There was a ditch in front of

0:23:52.600 --> 0:23:56.720
<v Speaker 1>the hospital and inmates were not allowed past it. Nina

0:23:56.760 --> 0:23:59.520
<v Speaker 1>had initially been ordered to the hospital because of testing

0:23:59.560 --> 0:24:02.920
<v Speaker 1>positive for gonorrhea, but while at Bay City, she received

0:24:02.960 --> 0:24:07.159
<v Speaker 1>only two treatments for this condition. Unsurprisingly, given the effect

0:24:07.240 --> 0:24:10.360
<v Speaker 1>the mercury and arsenic shots had on her, Nina did

0:24:10.359 --> 0:24:13.439
<v Speaker 1>not want to receive more treatment. When the doctor arrived

0:24:13.440 --> 0:24:17.880
<v Speaker 1>to administer gonerhea treatments, Nina simply stayed away. She only

0:24:17.960 --> 0:24:22.199
<v Speaker 1>received formal orders, which she did not disobey to receive treatment.

0:24:22.520 --> 0:24:26.560
<v Speaker 1>Six weeks into her stay, a doctor applied a compounded

0:24:26.600 --> 0:24:31.119
<v Speaker 1>silver cream to her vulva, another ineffective treatment. Nina only

0:24:31.160 --> 0:24:35.760
<v Speaker 1>ever received two rounds of this topical cream. Despite the

0:24:35.800 --> 0:24:41.240
<v Speaker 1>ineffective infrequent applications, Nina was declared quote free from syphilis

0:24:41.320 --> 0:24:45.240
<v Speaker 1>and gottorrhea in the infectious stage. In January nineteen nineteen.

0:24:46.040 --> 0:24:50.240
<v Speaker 1>If you're wondering how this is possible, you're not alone.

0:24:50.400 --> 0:24:53.960
<v Speaker 1>Scott Stern writes, quote, even if we were to believe

0:24:54.040 --> 0:24:57.760
<v Speaker 1>that she truly had syphilis and gonorrhea when Carney examined her,

0:24:58.440 --> 0:25:02.479
<v Speaker 1>and that the two infections coincidentally advanced to layton and

0:25:02.600 --> 0:25:06.000
<v Speaker 1>non contagious stages on their own, which was certainly possible.

0:25:06.680 --> 0:25:10.320
<v Speaker 1>For this timeline to fit the timing of Nina's examination

0:25:10.560 --> 0:25:16.040
<v Speaker 1>and incarceration exactly, would have had to be a remarkable coincidence.

0:25:17.240 --> 0:25:21.760
<v Speaker 1>Whatever the cause, Nina was declared released from quarantine. She

0:25:22.040 --> 0:25:25.800
<v Speaker 1>was given train fare home. After three months, she was

0:25:25.880 --> 0:25:30.600
<v Speaker 1>finally free, but her ordeal would not end there. When

0:25:30.640 --> 0:25:33.560
<v Speaker 1>Nina returned home, she found it difficult to find a job.

0:25:34.359 --> 0:25:36.680
<v Speaker 1>Richard Olin, the director of the State Board of Health,

0:25:37.040 --> 0:25:39.879
<v Speaker 1>claimed that there were programs to help women get employment

0:25:39.960 --> 0:25:44.240
<v Speaker 1>after release. Nina, for one, did not receive any assistance

0:25:44.280 --> 0:25:47.639
<v Speaker 1>of this kind. She eventually got a restaurant job in

0:25:47.720 --> 0:25:50.880
<v Speaker 1>nearby Mount Pleasant, but lost that job a week later

0:25:50.960 --> 0:25:53.760
<v Speaker 1>when someone informed her employers that she had been at

0:25:53.760 --> 0:25:57.960
<v Speaker 1>Bay City. A week after Nina returned home, Ida Peck

0:25:58.080 --> 0:26:01.359
<v Speaker 1>showed up at the McCall house. Nina needed to report

0:26:01.400 --> 0:26:05.399
<v Speaker 1>to doctor Carney for further treatment, Peck said. Nina protested

0:26:05.400 --> 0:26:08.800
<v Speaker 1>that she had been declared free of disease. Peck told

0:26:08.880 --> 0:26:12.160
<v Speaker 1>Nina she could either get treatment or be sent to jail.

0:26:13.200 --> 0:26:16.359
<v Speaker 1>Afraid of being sent away again, Nina began making the

0:26:16.400 --> 0:26:20.720
<v Speaker 1>journey to Carney's office every five days, receiving more painful

0:26:20.800 --> 0:26:25.360
<v Speaker 1>mercury injections. The shots made her body ache, she had

0:26:25.400 --> 0:26:29.920
<v Speaker 1>trouble walking. Even though Nina was complying with Peck's orders,

0:26:30.240 --> 0:26:33.800
<v Speaker 1>the welfare worker would not leave her alone. Peck showed

0:26:33.880 --> 0:26:37.439
<v Speaker 1>up at her house regularly. Nina later said, quote, she

0:26:37.560 --> 0:26:40.199
<v Speaker 1>was just hounding the life out of me, chasing me

0:26:40.359 --> 0:26:44.640
<v Speaker 1>day and night. This was not an unusual experience for

0:26:44.640 --> 0:26:48.159
<v Speaker 1>former detainees. Most women who were released were on a

0:26:48.280 --> 0:26:52.840
<v Speaker 1>kind of parole. Social or welfare workers monitored the women

0:26:52.840 --> 0:26:57.520
<v Speaker 1>closely and often dictated their life choices, from what jobs

0:26:57.520 --> 0:27:00.720
<v Speaker 1>they could do to where they could live. Women could

0:27:00.760 --> 0:27:03.680
<v Speaker 1>be declared parole violators for any number of my old

0:27:03.680 --> 0:27:07.800
<v Speaker 1>things like breaking curfew or wearing makeup, and sent back

0:27:07.880 --> 0:27:13.080
<v Speaker 1>to detention centers. After three months of harassment, Nina started

0:27:13.119 --> 0:27:16.720
<v Speaker 1>thinking about her options. I'd a Peck might be willing

0:27:16.760 --> 0:27:20.360
<v Speaker 1>to harass a teenager and her widowed mother, but maybe

0:27:20.440 --> 0:27:23.040
<v Speaker 1>Nina thought Peck would back off if she had to

0:27:23.119 --> 0:27:26.919
<v Speaker 1>answer to a man. So Nina decided to get married.

0:27:27.960 --> 0:27:31.280
<v Speaker 1>I got married, Nina would later say, to get away

0:27:31.320 --> 0:27:36.560
<v Speaker 1>from her. But tragically, Nina's new husband, Claire Rock, only

0:27:36.640 --> 0:27:41.400
<v Speaker 1>posed new dangers. On their wedding night, Nina recounted, Claire

0:27:41.440 --> 0:27:44.600
<v Speaker 1>told her quote, he just simply married me because I

0:27:44.640 --> 0:27:47.119
<v Speaker 1>had been in Bay City. He thought he could do

0:27:47.359 --> 0:27:50.760
<v Speaker 1>just as he pleased. He wanted to take me to Detroit.

0:27:51.200 --> 0:27:54.240
<v Speaker 1>He wanted me to make his living by having The

0:27:54.320 --> 0:27:57.679
<v Speaker 1>trial transcript is censored here, but we can read between

0:27:57.720 --> 0:28:02.760
<v Speaker 1>the lines Claire wanted to pimp her. Ida Peck was

0:28:02.920 --> 0:28:05.840
<v Speaker 1>furious that Nina had dared to marry without her permission.

0:28:06.480 --> 0:28:09.080
<v Speaker 1>She showed up at the McCall home and told Minnie

0:28:09.080 --> 0:28:12.320
<v Speaker 1>that she was going to send Nina to jail. After

0:28:12.400 --> 0:28:16.080
<v Speaker 1>Nina returned from her honeymoon, a disastrous two day trip

0:28:16.200 --> 0:28:19.240
<v Speaker 1>during which Claire had gone to see another woman in Detroit,

0:28:19.880 --> 0:28:22.320
<v Speaker 1>she learned that Ida Pack had been harassing her mother.

0:28:23.400 --> 0:28:27.600
<v Speaker 1>Was there no way to escape the shadow of Bay City. Desperate,

0:28:27.880 --> 0:28:32.040
<v Speaker 1>Nina made the decision to run. After a zigzagging journey,

0:28:32.119 --> 0:28:34.320
<v Speaker 1>she ended up in Detroit, where she stayed for the

0:28:34.320 --> 0:28:38.080
<v Speaker 1>next several months, trying to make a living. Ida Peck

0:28:38.400 --> 0:28:43.360
<v Speaker 1>kept after Minnie, demanding that she share her daughter's new address.

0:28:43.400 --> 0:28:49.040
<v Speaker 1>Minnie refused to tell her. Then something shifted. In September,

0:28:49.120 --> 0:28:51.840
<v Speaker 1>Minnie wrote to Nina, telling her that she should come home.

0:28:52.600 --> 0:28:55.160
<v Speaker 1>A woman had come to see her. Minnie told Nina,

0:28:55.640 --> 0:28:59.600
<v Speaker 1>and had given her advice about Nina's situation. Nina, this

0:28:59.640 --> 0:29:03.360
<v Speaker 1>woman had had said, ought to sue the government. The

0:29:03.400 --> 0:29:07.640
<v Speaker 1>woman was named Elizabeth Giffens. Her issues with the American

0:29:07.680 --> 0:29:12.360
<v Speaker 1>Plan were faith based. A Christian scientist, Elizabeth objected to

0:29:12.400 --> 0:29:17.240
<v Speaker 1>the government forcing medical treatment on anyone. A wealthy, passionate woman,

0:29:17.600 --> 0:29:20.520
<v Speaker 1>Elizabeth told Manny that she would help the McCalls get

0:29:20.720 --> 0:29:24.760
<v Speaker 1>justice in Detroit. Nina must have felt a faint glimmer

0:29:24.760 --> 0:29:28.480
<v Speaker 1>of hope. It had been almost a year since Deputy

0:29:28.520 --> 0:29:33.360
<v Speaker 1>Martin had stopped her on the street and upended her life. Finally,

0:29:33.560 --> 0:29:35.960
<v Speaker 1>after all this time, there might be a way to

0:29:36.080 --> 0:29:39.440
<v Speaker 1>fight back. But could a nineteen year old take on

0:29:39.720 --> 0:29:46.040
<v Speaker 1>the state government. On November third, nineteen nineteen, Nina McCall

0:29:46.200 --> 0:29:50.560
<v Speaker 1>filed suit against doctor Thomas Carney, welfare worker Ida Peck,

0:29:50.960 --> 0:29:56.320
<v Speaker 1>and hospital superintendent Mary Corrigan for conspiring together to quote

0:29:56.800 --> 0:30:01.080
<v Speaker 1>transgress the lawful rights of this plaintiff and alleged that,

0:30:01.200 --> 0:30:07.480
<v Speaker 1>through quote wrongful assumption of power and authority, and by misrepresentation, coercion,

0:30:07.560 --> 0:30:13.880
<v Speaker 1>and duress, caused this plaintiff to be assaulted, maltreated, abused, arrested,

0:30:13.960 --> 0:30:20.320
<v Speaker 1>restrained and imprisoned, and grossly slandered, disgraced, and humiliated. The

0:30:20.360 --> 0:30:23.760
<v Speaker 1>three attorneys who filed this suit on Nina's behalf were

0:30:23.800 --> 0:30:27.560
<v Speaker 1>some of the most prominent lawyers in Michigan. Dean Kelly

0:30:27.680 --> 0:30:31.240
<v Speaker 1>was a former prosecutor and judge. George Stone was also

0:30:31.280 --> 0:30:35.440
<v Speaker 1>a former judge. Seymour Person was a state representative. How

0:30:35.520 --> 0:30:38.440
<v Speaker 1>Nina came to have such high powered lawyers is unknown.

0:30:39.120 --> 0:30:42.480
<v Speaker 1>Nina denied on the stand that Elizabeth Giffins, the wealthy

0:30:42.560 --> 0:30:46.080
<v Speaker 1>Christian scientist who had encouraged her to sue, was funding

0:30:46.120 --> 0:30:49.920
<v Speaker 1>her case. Elizabeth was supporting Nina in other ways, though

0:30:50.480 --> 0:30:54.920
<v Speaker 1>Nina soon became her housekeeper and chauffeur. Nina also lived

0:30:54.920 --> 0:30:57.760
<v Speaker 1>with the Giffens family at one point. She was by

0:30:57.800 --> 0:31:01.560
<v Speaker 1>now completely estranged from her husband, Claire Rock, though she

0:31:01.640 --> 0:31:04.320
<v Speaker 1>did keep his last name, which is why the case

0:31:04.400 --> 0:31:08.400
<v Speaker 1>is known as Rock v. Carney. The trial date was

0:31:08.400 --> 0:31:12.160
<v Speaker 1>set for Tuesday, June first, nineteen twenty, at the Grashat

0:31:12.240 --> 0:31:16.320
<v Speaker 1>County Courthouse in Ithaca. The judge was Edward J. Money,

0:31:17.080 --> 0:31:19.360
<v Speaker 1>a forty seven year old circuit court judge with an

0:31:19.360 --> 0:31:24.440
<v Speaker 1>intense gaze and strong opinions. The jury consisted of twelve men.

0:31:25.080 --> 0:31:27.600
<v Speaker 1>Though women had begun serving on juries in Michigan in

0:31:27.720 --> 0:31:31.520
<v Speaker 1>nineteen eighteen, somehow Nina ended up with an all male jury.

0:31:32.440 --> 0:31:36.120
<v Speaker 1>All three of the defendants, Carneie, Peck, and Corrigan appeared

0:31:36.320 --> 0:31:40.000
<v Speaker 1>along with their lawyers. Like Nina, they had brought in

0:31:40.200 --> 0:31:45.240
<v Speaker 1>serious legal firepower. O. L. Smith was the Grashat County Prosecutor,

0:31:45.640 --> 0:31:48.720
<v Speaker 1>acting in a private capacity here. Smith was also the

0:31:48.760 --> 0:31:52.040
<v Speaker 1>former law partner of Nina's attorney, George Stone, and had

0:31:52.080 --> 0:31:56.400
<v Speaker 1>recently beaten Stone in the race for county prosecutor. Alva Cummins,

0:31:56.440 --> 0:31:59.960
<v Speaker 1>another defense lawyer, had been a county prosecutor in Ingham County.

0:32:00.920 --> 0:32:05.000
<v Speaker 1>Nina herself was the first to testify. Lawyer Dean Kelly

0:32:05.040 --> 0:32:09.640
<v Speaker 1>walked her through her story. The humiliating, painful gynecological exam,

0:32:10.080 --> 0:32:15.360
<v Speaker 1>the confinement in the hospital, the excruciating injections, the harassment.

0:32:15.440 --> 0:32:20.120
<v Speaker 1>Even after she was released, Nina spoke plainly, laying out

0:32:20.120 --> 0:32:23.440
<v Speaker 1>the terrible details of her ordeal in a straightforward way.

0:32:24.320 --> 0:32:28.120
<v Speaker 1>On cross examination, lawyer Alva Cummins pushed Nina on her

0:32:28.200 --> 0:32:32.480
<v Speaker 1>romantic and sexual history. Hadn't she had frequent associations with

0:32:32.600 --> 0:32:37.480
<v Speaker 1>soldier boys? No, Nina said. Didn't she know Lloyd Nap?

0:32:38.320 --> 0:32:40.960
<v Speaker 1>Nina said that she did know Lloyd Nap, This was

0:32:41.000 --> 0:32:43.640
<v Speaker 1>the young man she had once planned to marry, but

0:32:43.760 --> 0:32:47.440
<v Speaker 1>she denied knowing another local boy and soldier or In Strauss.

0:32:47.840 --> 0:32:49.920
<v Speaker 1>She denied that she and a friend had ever spent

0:32:50.000 --> 0:32:53.760
<v Speaker 1>the night with Lloyd and Orin. She denied accepting rides

0:32:53.760 --> 0:32:58.280
<v Speaker 1>from men. The accusation, Cummins concluded, is that you had

0:32:58.320 --> 0:33:04.960
<v Speaker 1>improper relations with soldiers, Well, said, Nina, I didn't. Cummin's

0:33:05.040 --> 0:33:08.400
<v Speaker 1>intent with these questions was not necessarily to prove that

0:33:08.480 --> 0:33:11.520
<v Speaker 1>Nina was having sex with soldiers. It was to prove

0:33:11.560 --> 0:33:15.560
<v Speaker 1>that people believed that Nina was giving Carney and Peck

0:33:15.720 --> 0:33:19.280
<v Speaker 1>reason to suspect her of having an STI. Next to

0:33:19.320 --> 0:33:24.520
<v Speaker 1>testify was Nina's mother, Minnie McCall. Minnie corroborated her daughter's narrative.

0:33:25.040 --> 0:33:28.360
<v Speaker 1>She also detailed how Ida Peck had harassed her while

0:33:28.440 --> 0:33:32.920
<v Speaker 1>Nina was in Detroit. After Minnie, Bay City Superintendent Mary

0:33:33.000 --> 0:33:37.160
<v Speaker 1>Corgan testified, she disagreed with Nina's portrayal of Bay City.

0:33:37.960 --> 0:33:41.200
<v Speaker 1>Nina said that the inmates were only served beats and potatoes.

0:33:41.960 --> 0:33:45.520
<v Speaker 1>Corrigan said quote, the girls were provided with suitable food.

0:33:46.080 --> 0:33:48.480
<v Speaker 1>We had red beats, but that was not the exclusive

0:33:48.480 --> 0:33:51.960
<v Speaker 1>bill of fare. Corgan claimed that the women had more

0:33:52.000 --> 0:33:55.400
<v Speaker 1>freedom of movement than Nina had said they did. Coregan

0:33:55.560 --> 0:34:00.120
<v Speaker 1>also denied knowing doctor Thomas Carney on Cross. However, Dan

0:34:00.240 --> 0:34:02.360
<v Speaker 1>Kelly got her to admit that she had placed a

0:34:02.360 --> 0:34:05.280
<v Speaker 1>call to doctor Carney in January to notify him of

0:34:05.360 --> 0:34:11.560
<v Speaker 1>Nina's release. Ida Peck testified next. Peck portrayed herself as

0:34:11.600 --> 0:34:15.120
<v Speaker 1>a woman simply doing her duty. She said that Nina

0:34:15.160 --> 0:34:17.960
<v Speaker 1>had never complained to her about the conditions at Bay City.

0:34:18.640 --> 0:34:21.000
<v Speaker 1>She said that she only had visited Nina and Minnie

0:34:21.000 --> 0:34:26.280
<v Speaker 1>a handful of times. She denied ever threatening Nina. All

0:34:26.320 --> 0:34:28.719
<v Speaker 1>of her actions had been well within the scope of

0:34:28.719 --> 0:34:32.799
<v Speaker 1>her welfare work. In Peck's story, but on closer examination,

0:34:33.160 --> 0:34:37.520
<v Speaker 1>that story had holes. Peck claim the only reason she

0:34:37.600 --> 0:34:41.400
<v Speaker 1>had continued asking Minni for Nina's address was because she

0:34:41.600 --> 0:34:44.400
<v Speaker 1>was trying to help a jeweler's wife collect on a

0:34:44.440 --> 0:34:47.320
<v Speaker 1>bill that Nina owed for a ring she had purchased.

0:34:48.080 --> 0:34:51.000
<v Speaker 1>Why would a jeweler ask an acquaintance of his wife

0:34:51.040 --> 0:34:55.320
<v Speaker 1>to serve as a bill collector. Peck also denied confronting

0:34:55.360 --> 0:34:58.520
<v Speaker 1>Minnie on the day of Nina's wedding, saying, it is

0:34:58.560 --> 0:35:00.680
<v Speaker 1>not true that within twenty four hours, hours after I

0:35:00.719 --> 0:35:02.719
<v Speaker 1>heard of the girls being married, I was over there

0:35:02.719 --> 0:35:06.719
<v Speaker 1>to her mother's house, But only minutes later Peck admitted

0:35:06.719 --> 0:35:09.600
<v Speaker 1>that she saw them a calls quote the day Nina

0:35:09.760 --> 0:35:14.520
<v Speaker 1>was married. Peck's justification for bringing in women for examinations

0:35:14.560 --> 0:35:17.960
<v Speaker 1>also seemed vague. She simply said that if a girl

0:35:18.040 --> 0:35:21.200
<v Speaker 1>had a quote suspicious character, she would send them in.

0:35:21.719 --> 0:35:25.640
<v Speaker 1>Peck determined character, she said, by watching women and seeing

0:35:25.800 --> 0:35:29.680
<v Speaker 1>quote where they went and what they did. As for Nina,

0:35:29.840 --> 0:35:32.400
<v Speaker 1>Peck claimed that she had admitted to having sex with

0:35:32.520 --> 0:35:36.600
<v Speaker 1>Lloyd Nap. Plaintiff's lawyer, Seymour Person brought Nina back on

0:35:36.680 --> 0:35:40.200
<v Speaker 1>the stand after Peck's testimony to push back on this claim.

0:35:40.680 --> 0:35:42.960
<v Speaker 1>It is not true. Nina said that I told her

0:35:43.000 --> 0:35:45.719
<v Speaker 1>that I had sexual relations with this boy. I did

0:35:45.760 --> 0:35:49.160
<v Speaker 1>not have sexual relations with him. It's impossible for us

0:35:49.200 --> 0:35:51.680
<v Speaker 1>to know more than one hundred years later the extent

0:35:51.760 --> 0:35:55.279
<v Speaker 1>of Nina's relationship with Lloyd Nap, But I think it's

0:35:55.400 --> 0:35:59.080
<v Speaker 1>pretty unlikely that she would openly admit to having sex

0:35:59.120 --> 0:36:02.799
<v Speaker 1>with him to Peck, a virtual stranger who was in

0:36:02.840 --> 0:36:07.400
<v Speaker 1>the process of locking her up. Once Nina had finished testifying,

0:36:07.680 --> 0:36:11.240
<v Speaker 1>and once Alva Cummins had recross examined her and brought

0:36:11.320 --> 0:36:14.040
<v Speaker 1>up even more boys who he accused her of dating,

0:36:14.400 --> 0:36:19.120
<v Speaker 1>Nina denied all these claims. The plaintiff's side rested before

0:36:19.160 --> 0:36:24.040
<v Speaker 1>any defense witnesses testified. Alva Cummins made emotion asked the

0:36:24.160 --> 0:36:28.160
<v Speaker 1>charges be dismissed. Carney, Peck, and Corgan had acted within

0:36:28.200 --> 0:36:31.759
<v Speaker 1>their authority, he said, and they had not conspired to

0:36:31.800 --> 0:36:35.680
<v Speaker 1>do wrong. Their actions had all been taken individually. Dean

0:36:35.760 --> 0:36:38.680
<v Speaker 1>Kelly for the plaintiff, argued that the three defendants had

0:36:38.719 --> 0:36:43.279
<v Speaker 1>exceeded their authority. Judge one A took fifteen minutes to

0:36:43.320 --> 0:36:46.360
<v Speaker 1>consider the arguments. When he called the lawyers back in,

0:36:46.640 --> 0:36:50.480
<v Speaker 1>he announced that there was quote no proof in my judgment,

0:36:50.560 --> 0:36:54.719
<v Speaker 1>which shows a conspiracy between the three defendants. Thus, he

0:36:54.760 --> 0:36:58.200
<v Speaker 1>instructed Nina's lawyers to choose only one of the defendants

0:36:58.200 --> 0:37:02.600
<v Speaker 1>to proceed against. The lawyers chose Carney, believing that his

0:37:02.760 --> 0:37:07.320
<v Speaker 1>forced examination of Nina was beyond his authority. The defense

0:37:07.400 --> 0:37:11.200
<v Speaker 1>only called one witness, Richard Olan, the former head of

0:37:11.239 --> 0:37:13.600
<v Speaker 1>the State Board of Health and the current head of

0:37:13.640 --> 0:37:17.640
<v Speaker 1>the newly formed State Department of Health. Olan's job was

0:37:17.640 --> 0:37:21.279
<v Speaker 1>to rebut the plaintiff's argument that Carney had exceeded his authority.

0:37:21.960 --> 0:37:25.560
<v Speaker 1>He testified that he had employed doctor Carney as quote,

0:37:25.719 --> 0:37:28.600
<v Speaker 1>a medical inspector for the purpose of the venereal disease

0:37:28.640 --> 0:37:32.480
<v Speaker 1>campaign within his county. Dean Kelly objected that Olan did

0:37:32.480 --> 0:37:35.000
<v Speaker 1>not have the authority to employ doctor Carney in this way.

0:37:35.640 --> 0:37:39.640
<v Speaker 1>Cummins said he did. Judge Money told Olan to continue.

0:37:40.360 --> 0:37:43.760
<v Speaker 1>Cummins walked Oland through the state's policies through the creation

0:37:43.840 --> 0:37:47.359
<v Speaker 1>of detention hospitals, the enlistment of doctors to examine women,

0:37:47.520 --> 0:37:51.480
<v Speaker 1>and the enforced treatment of disease. After a cross examination

0:37:51.840 --> 0:37:54.880
<v Speaker 1>in which Dean Kelly unsuccessfully tried to get Ollen to

0:37:54.920 --> 0:37:57.080
<v Speaker 1>admit that women were supposed to have the option of

0:37:57.120 --> 0:38:02.600
<v Speaker 1>at home treatment Alva. Cummins made another motion. He asked

0:38:02.600 --> 0:38:06.040
<v Speaker 1>for a directed verdict. A directed verdict is ordered by

0:38:06.040 --> 0:38:08.640
<v Speaker 1>a trial judge when the judge believes that there is

0:38:08.719 --> 0:38:11.920
<v Speaker 1>only one reasonable decision that a jury could make based

0:38:11.960 --> 0:38:16.040
<v Speaker 1>on the evidence presented. In this case, Cummen said, quote,

0:38:16.239 --> 0:38:19.120
<v Speaker 1>we contend as a matter of law that doctor Carney

0:38:19.200 --> 0:38:22.359
<v Speaker 1>was within his authority and that there is no cause here.

0:38:23.320 --> 0:38:26.320
<v Speaker 1>Dean Kelly shot back that doctor Kearney was not within

0:38:26.360 --> 0:38:30.160
<v Speaker 1>his authority. In fact, Kelly said Carney had violated the

0:38:30.200 --> 0:38:33.840
<v Speaker 1>Fifth Amendment of the US Constitution and Article two, section

0:38:33.920 --> 0:38:37.799
<v Speaker 1>sixteen of the Michigan Constitution, both of which declared that

0:38:37.920 --> 0:38:42.200
<v Speaker 1>no person shall be quote deprived of life, liberty, or

0:38:42.239 --> 0:38:46.640
<v Speaker 1>property without due process of law. The jury had been

0:38:46.680 --> 0:38:50.959
<v Speaker 1>absent for these arguments. Now Judge ONEA summoned them back

0:38:51.000 --> 0:38:54.799
<v Speaker 1>in and made his ruling on the motion. This is

0:38:54.840 --> 0:38:58.279
<v Speaker 1>a very important case, he said, and involved some very

0:38:58.360 --> 0:39:01.920
<v Speaker 1>important legal principles. Did the state have the right to

0:39:01.960 --> 0:39:05.200
<v Speaker 1>police its citizens for the sake of public health? Jooney

0:39:05.400 --> 0:39:10.200
<v Speaker 1>believed it did. Within the statute. Joanne said, the local

0:39:10.200 --> 0:39:14.360
<v Speaker 1>health officer had the powers and acted within his authority

0:39:14.800 --> 0:39:16.920
<v Speaker 1>at the time. He did what it is claimed in

0:39:16.960 --> 0:39:20.800
<v Speaker 1>this case that he did do given that MONEE concluded,

0:39:21.480 --> 0:39:25.840
<v Speaker 1>you will, therefore, by direction of the Court, return a

0:39:25.960 --> 0:39:31.040
<v Speaker 1>verdict here of no cause of action. Nina had lost

0:39:31.120 --> 0:39:35.600
<v Speaker 1>her case. She was ordered to pay the defendants legal fees,

0:39:35.960 --> 0:39:39.120
<v Speaker 1>and her name was splashed across newspapers around the state,

0:39:40.280 --> 0:39:43.960
<v Speaker 1>but even still she was not ready to admit defeat.

0:39:45.000 --> 0:39:47.879
<v Speaker 1>A little over a year later, on June twenty third,

0:39:48.080 --> 0:39:53.000
<v Speaker 1>nineteen twenty one, her lawyers submitted an appeal, citing thirty

0:39:53.040 --> 0:39:57.200
<v Speaker 1>six errors they believed Judge Monette had committed during the trial.

0:39:58.280 --> 0:40:00.920
<v Speaker 1>By this point, Nina had more on her mind than

0:40:01.120 --> 0:40:05.000
<v Speaker 1>just her legal case. Five months after the trial, her

0:40:05.160 --> 0:40:09.000
<v Speaker 1>estranged husband, Claire Rock, was shot and killed in Detroit

0:40:09.040 --> 0:40:11.520
<v Speaker 1>by the angry ex husband of a girl he was seeing.

0:40:12.480 --> 0:40:16.200
<v Speaker 1>In April nineteen twenty one, Nina married again, this time

0:40:16.239 --> 0:40:20.439
<v Speaker 1>to Norman Hess, a plumber from Saginaw. On June twenty ninth,

0:40:20.600 --> 0:40:24.239
<v Speaker 1>six days after her lawyers filed the appeal, Nina gave

0:40:24.280 --> 0:40:27.399
<v Speaker 1>birth to a son, who she named John, after both

0:40:27.400 --> 0:40:34.600
<v Speaker 1>of her grandfather's. Heartbreakingly, John died only hours later. In December,

0:40:35.000 --> 0:40:39.040
<v Speaker 1>the Michigan Supreme Court issued their ruling on Nina's appeal,

0:40:40.280 --> 0:40:45.880
<v Speaker 1>They found in her favor. Justice Grandfellows, writing the opinion

0:40:45.960 --> 0:40:50.279
<v Speaker 1>for the majority, declared that quote, doctor Carney had the

0:40:50.360 --> 0:40:54.120
<v Speaker 1>power to make the examination, but he could not exercise

0:40:54.280 --> 0:40:57.480
<v Speaker 1>such power unless he had reasonable grounds to believe that

0:40:57.560 --> 0:41:01.520
<v Speaker 1>plaintiff was infected. Such good faith on his part was

0:41:01.560 --> 0:41:05.359
<v Speaker 1>a necessary prerequisite to the exercise of the power. I

0:41:05.400 --> 0:41:08.880
<v Speaker 1>am unable to follow the contention of defendant's counsel that

0:41:08.960 --> 0:41:13.960
<v Speaker 1>this record establishes such good faith. The Supreme Court overturned

0:41:14.000 --> 0:41:17.560
<v Speaker 1>Juanna's ruling and ordered a new trial for Nina's case.

0:41:18.960 --> 0:41:22.680
<v Speaker 1>This was a victory for Nina, to be sure, but

0:41:22.800 --> 0:41:26.680
<v Speaker 1>in a dark turn, Nina's victory may very well have

0:41:26.800 --> 0:41:30.640
<v Speaker 1>turned out to be other women's loss, because it set

0:41:30.680 --> 0:41:38.480
<v Speaker 1>a dangerous precedent. To explain how Rock v. Carney impacted

0:41:38.520 --> 0:41:42.240
<v Speaker 1>future American plan cases, we have to return to Justice

0:41:42.239 --> 0:41:47.080
<v Speaker 1>Fellows's Michigan Supreme Court opinion. Fellows had found that Carne

0:41:47.080 --> 0:41:50.440
<v Speaker 1>did not have reasonable grounds to examine Nina, but he

0:41:50.600 --> 0:41:54.120
<v Speaker 1>hadn't objected to the law that granted Carne his powers.

0:41:54.800 --> 0:41:57.960
<v Speaker 1>The power exists in the boards of health. Fellows wrote

0:41:58.360 --> 0:42:02.400
<v Speaker 1>to quarantine persons in affected with these diseases and to

0:42:02.440 --> 0:42:05.719
<v Speaker 1>make such examination as the nature of the disease requires

0:42:05.760 --> 0:42:09.720
<v Speaker 1>to determine its presence. This finding would later be cited

0:42:09.800 --> 0:42:13.640
<v Speaker 1>in future cases to justify the state's power to examine

0:42:13.680 --> 0:42:17.880
<v Speaker 1>and quarantine people, and there would be many such future

0:42:17.920 --> 0:42:22.879
<v Speaker 1>cases because the American Plan was far from over. Even

0:42:22.920 --> 0:42:26.320
<v Speaker 1>though it had begun as a wartime program, the Plan's

0:42:26.440 --> 0:42:31.800
<v Speaker 1>architects and many Americans wanted the program to continue after

0:42:31.880 --> 0:42:36.440
<v Speaker 1>the war ended in November nineteen eighteen. In April nineteen nineteen,

0:42:36.760 --> 0:42:40.120
<v Speaker 1>the Michigan State legislature passed a bill that, per the

0:42:40.160 --> 0:42:43.160
<v Speaker 1>Detroit Free Press, empowers the state Board of Health to

0:42:43.200 --> 0:42:46.399
<v Speaker 1>continue what it has been doing throughout the war. By

0:42:46.480 --> 0:42:50.759
<v Speaker 1>nineteen twenty one, every US state had passed similar legislation.

0:42:51.719 --> 0:42:55.400
<v Speaker 1>There was some opposition to the Plan. Opponents believed that

0:42:55.440 --> 0:42:59.040
<v Speaker 1>the oppressive, sexist enforcement of the Plan laws were harming

0:42:59.080 --> 0:43:01.680
<v Speaker 1>women more than they were helping them, but there were

0:43:01.760 --> 0:43:05.920
<v Speaker 1>limits to this opposition. Take this quote from journalist H. L. Menkin,

0:43:06.080 --> 0:43:10.280
<v Speaker 1>a prominent Plan critic. Quote, if patrols go out after

0:43:10.360 --> 0:43:13.480
<v Speaker 1>suspicious women in the manner indicated by the press accounts,

0:43:14.000 --> 0:43:18.840
<v Speaker 1>a great many innocent women will be abominably persecuted. Many

0:43:18.920 --> 0:43:22.399
<v Speaker 1>of these opponents saw no problem with sex workers being

0:43:22.400 --> 0:43:26.480
<v Speaker 1>locked up without due process. Their concern was reserved for

0:43:26.880 --> 0:43:30.759
<v Speaker 1>innocent women. Another group who had begun to speak out

0:43:30.760 --> 0:43:35.080
<v Speaker 1>against the plan was the American Medical Association. The AMA

0:43:35.120 --> 0:43:39.920
<v Speaker 1>opposed government intervention into healthcare. It was their lobbying, not

0:43:40.040 --> 0:43:43.600
<v Speaker 1>the lobbying of people concerned about the sexist and unconstitutional

0:43:43.640 --> 0:43:46.840
<v Speaker 1>aspects of the Plan, that would convince the federal government

0:43:46.920 --> 0:43:50.720
<v Speaker 1>to step back from funding the plan. In December nineteen twenty,

0:43:51.000 --> 0:43:55.279
<v Speaker 1>Congress declined to provide money for Plan programs. But just

0:43:55.360 --> 0:43:58.359
<v Speaker 1>because the federal government no longer funded the plan did

0:43:58.400 --> 0:44:02.280
<v Speaker 1>not mean that it was dead. States and cities still

0:44:02.440 --> 0:44:07.120
<v Speaker 1>had their own plan laws, however, reduced funding, and during

0:44:07.160 --> 0:44:11.880
<v Speaker 1>the Great Depression, funding dried up almost entirely. Did disincentivize

0:44:11.880 --> 0:44:16.920
<v Speaker 1>some institutions and states. Bay's City Detention Hospital, for example,

0:44:17.239 --> 0:44:19.520
<v Speaker 1>was shut down in nineteen twenty one due to a

0:44:19.600 --> 0:44:23.080
<v Speaker 1>lack of funding as well as concerns about the hospital's

0:44:23.200 --> 0:44:28.360
<v Speaker 1>body accounting practices, but soon the money would return. In

0:44:28.400 --> 0:44:32.000
<v Speaker 1>the late nineteen thirties, a new Surgeon General, Thomas Perrin,

0:44:32.320 --> 0:44:37.120
<v Speaker 1>revitalized the federal conversation about STI prevention. In May nineteen

0:44:37.160 --> 0:44:41.359
<v Speaker 1>thirty eight, President Franklin Roosevelt signed the Venereal Disease Control Act,

0:44:41.880 --> 0:44:46.000
<v Speaker 1>granting millions of dollars of federal funding for STI investigations

0:44:46.000 --> 0:44:49.560
<v Speaker 1>and control. The advent of World War II in nineteen

0:44:49.640 --> 0:44:54.360
<v Speaker 1>thirty nine further strengthened federal resolve to fund STI prevention programs.

0:44:55.000 --> 0:44:57.680
<v Speaker 1>Even before the United States entered the war in December

0:44:57.760 --> 0:45:01.360
<v Speaker 1>nineteen forty one, measures were being taken to reinvigorate the

0:45:01.360 --> 0:45:06.400
<v Speaker 1>American Plan. In spring nineteen forty one, a new federal agency,

0:45:06.800 --> 0:45:11.080
<v Speaker 1>the Social Protection Division, was born. Tasked with getting local

0:45:11.080 --> 0:45:15.600
<v Speaker 1>officials to enforce their Plan laws. The SPD acquired thirty

0:45:15.640 --> 0:45:19.880
<v Speaker 1>abandoned civilian conservation core camps and turned them into rapid

0:45:19.920 --> 0:45:24.760
<v Speaker 1>treatment centers. These centers functioned much like the detention hospitals

0:45:24.800 --> 0:45:28.360
<v Speaker 1>of the earlier Plan, and they were filled almost exclusively

0:45:28.400 --> 0:45:33.239
<v Speaker 1>with women, thousands of them. And once again, even when

0:45:33.280 --> 0:45:37.080
<v Speaker 1>the original impetus for the centers the war ended, the

0:45:37.120 --> 0:45:42.359
<v Speaker 1>programs continued. But now the plan faced a new obstacle,

0:45:42.880 --> 0:45:49.200
<v Speaker 1>one more powerful than any political or moral objection. Antibiotics penicillin,

0:45:49.280 --> 0:45:53.120
<v Speaker 1>discovered in nineteen twenty nine, could effectively and quickly treat

0:45:53.200 --> 0:45:57.920
<v Speaker 1>both syphilis and gonorrhea. The antibiotic had initially been difficult

0:45:57.920 --> 0:46:01.680
<v Speaker 1>to mass produce, and then even once this problem was solved,

0:46:01.840 --> 0:46:05.600
<v Speaker 1>distribution was restricted in order to prioritize military use during

0:46:05.640 --> 0:46:10.440
<v Speaker 1>the war, but in April nineteen forty five, restrictions on

0:46:10.520 --> 0:46:15.480
<v Speaker 1>penicillin were removed. Given the widespread access to fast treatment,

0:46:15.960 --> 0:46:20.239
<v Speaker 1>it became harder for officials to justify extended quarantines. In

0:46:20.320 --> 0:46:24.880
<v Speaker 1>nineteen forty six, Congress declined to fund the Social Protection Division,

0:46:25.680 --> 0:46:30.560
<v Speaker 1>but still the American Plan would not die. It would,

0:46:30.719 --> 0:46:35.960
<v Speaker 1>in fact, outlive Nina McCall hesse after the Michigan Supreme

0:46:36.000 --> 0:46:39.719
<v Speaker 1>Court overturned Judge Ononai's ruling and granted Nina the right

0:46:39.760 --> 0:46:43.280
<v Speaker 1>to a new trial. Nina filed suit again in January

0:46:43.360 --> 0:46:47.440
<v Speaker 1>nineteen twenty two, but for unknown reasons, she never pursued

0:46:47.480 --> 0:46:50.600
<v Speaker 1>the suit, and the case was dismissed in November nineteen

0:46:50.640 --> 0:46:55.440
<v Speaker 1>twenty five. Nina and her husband Norman lived a quiet

0:46:55.480 --> 0:46:59.560
<v Speaker 1>life after the death of her baby John. Nina had

0:46:59.600 --> 0:47:03.399
<v Speaker 1>no more biological children, but she and Norman did raise

0:47:03.480 --> 0:47:08.200
<v Speaker 1>her orphaned cousins. Tragically, these two children also died young

0:47:09.000 --> 0:47:13.920
<v Speaker 1>one aged twenty the other nineteen. Nina herself died of

0:47:13.960 --> 0:47:17.320
<v Speaker 1>a brain tumor on July twenty first, nineteen fifty seven,

0:47:17.800 --> 0:47:22.520
<v Speaker 1>age fifty six. She is buried in Floral Gardens Cemetery,

0:47:23.080 --> 0:47:27.480
<v Speaker 1>a five minute drive from Bay City Detention Hospital. By

0:47:27.560 --> 0:47:31.240
<v Speaker 1>nineteen fifty seven, the year that Nina died, the world

0:47:31.320 --> 0:47:34.960
<v Speaker 1>had changed in many ways since her detention in nineteen eighteen,

0:47:35.560 --> 0:47:39.960
<v Speaker 1>but the American Plan was still in full force in

0:47:40.040 --> 0:47:44.600
<v Speaker 1>cities as varied as Denver, Salt Lake City, and Terre Haute, Indiana,

0:47:45.080 --> 0:47:49.360
<v Speaker 1>among many others. Women were detained and examined for STIs

0:47:49.480 --> 0:47:55.080
<v Speaker 1>under Plan laws well into the nineteen seventies. The endurance

0:47:55.120 --> 0:47:57.680
<v Speaker 1>of this program belied the fact that it was a

0:47:57.840 --> 0:48:02.600
<v Speaker 1>failure in controlling STIs. During World War One, the only

0:48:02.680 --> 0:48:06.280
<v Speaker 1>thing that had actually worked to reduce STIs amongst soldiers

0:48:06.719 --> 0:48:12.440
<v Speaker 1>was chemical prophylaxis, prophylaxis administered not to female sex workers

0:48:12.920 --> 0:48:17.080
<v Speaker 1>but to the soldiers. But ultimately, the American Plan was

0:48:17.160 --> 0:48:22.719
<v Speaker 1>never really about reducing STIs. It was about controlling women's sexuality.

0:48:23.440 --> 0:48:27.640
<v Speaker 1>When it became clear that penicillin could revolutionize treatment, some

0:48:27.920 --> 0:48:32.920
<v Speaker 1>American Plan officials were upset. One high ranking official, Walter

0:48:33.000 --> 0:48:37.320
<v Speaker 1>Clark said in nineteen forty four, quote the venereal disease

0:48:37.360 --> 0:48:40.120
<v Speaker 1>problem cannot be solved by the fine them and treat

0:48:40.160 --> 0:48:45.880
<v Speaker 1>them method alone. The New York Herald Tribune described Clark's conclusions, quote,

0:48:46.320 --> 0:48:49.600
<v Speaker 1>more stringent methods must be employed by the authorities, he

0:48:49.680 --> 0:48:54.960
<v Speaker 1>said in repressing the tendency to sex promiscuity. More than

0:48:55.000 --> 0:49:00.000
<v Speaker 1>three decades later, in nineteen seventy seven, a Monterey County, California,

0:49:00.040 --> 0:49:03.120
<v Speaker 1>police commander spoke to the Los Angeles Times about the

0:49:03.120 --> 0:49:06.680
<v Speaker 1>county's practice of forcing sex workers to get STI tests.

0:49:07.440 --> 0:49:12.640
<v Speaker 1>His message was stark, quote Venereal disease was not our concern.

0:49:13.320 --> 0:49:17.560
<v Speaker 1>Cleaning up the streets was our concern more than anything else.

0:49:17.760 --> 0:49:21.200
<v Speaker 1>It was a harassing technique that falls within legal parameters

0:49:21.200 --> 0:49:23.399
<v Speaker 1>for the police, so that we don't have to worry

0:49:23.440 --> 0:49:26.640
<v Speaker 1>about the Civil Liberties Union or the Public Defender's Office

0:49:26.719 --> 0:49:31.920
<v Speaker 1>or somebody like that issuing a court order against us. Fortunately,

0:49:32.000 --> 0:49:35.880
<v Speaker 1>by the nineteen seventies, the civil liberties unions were beginning

0:49:35.880 --> 0:49:39.520
<v Speaker 1>to fight back. During World War II, the American Civil

0:49:39.560 --> 0:49:44.000
<v Speaker 1>Liberties Union had actually supported the plan, but in nineteen

0:49:44.080 --> 0:49:48.239
<v Speaker 1>seventy four ACLU attorney Deborah Hinkle, working in tandem with

0:49:48.280 --> 0:49:52.120
<v Speaker 1>the sex workers rights organization COYOTE, filed suit against the

0:49:52.160 --> 0:49:55.239
<v Speaker 1>City of San Francisco for their practice of holding women

0:49:55.360 --> 0:49:59.520
<v Speaker 1>arrested for prostitution or related offenses for seventy two hours

0:49:59.560 --> 0:50:03.800
<v Speaker 1>and sssibly examining them for STIs. A month later, a

0:50:03.920 --> 0:50:08.760
<v Speaker 1>San Francisco Superior Court judge issued an injunction halting enforcement

0:50:08.800 --> 0:50:12.600
<v Speaker 1>of this practice. Hinkle filed a similar suit in Alameda

0:50:12.640 --> 0:50:17.640
<v Speaker 1>County with similar results. County officials appealed. The director of

0:50:17.719 --> 0:50:23.120
<v Speaker 1>California's state Health Department spoke out against these enforced holds, saying, quote,

0:50:23.360 --> 0:50:27.160
<v Speaker 1>the Department of Health cannot support actions disguised as preventive

0:50:27.200 --> 0:50:31.120
<v Speaker 1>health measures that are actually intended to achieve law enforcement objectives,

0:50:31.640 --> 0:50:35.600
<v Speaker 1>particularly when they appear to constitute a denial of basic rights.

0:50:36.160 --> 0:50:39.640
<v Speaker 1>The California Court of Appeal agreed, saying that the practice

0:50:39.680 --> 0:50:44.160
<v Speaker 1>was discriminatory. Men who were arrested for soliciting sex workers

0:50:44.600 --> 0:50:50.080
<v Speaker 1>were not similarly held and examined. Alameda County, uninterested in

0:50:50.160 --> 0:50:56.560
<v Speaker 1>detaining men, ended their practice soon after, but as usual,

0:50:57.360 --> 0:51:03.600
<v Speaker 1>like a persistent infection, perhaps the American plan kept popping back. Today,

0:51:03.960 --> 0:51:07.520
<v Speaker 1>the laws that enabled the Plan. Laws that allow state

0:51:07.560 --> 0:51:11.640
<v Speaker 1>officials to determine which diseases are suitable for quarantine are

0:51:11.719 --> 0:51:15.040
<v Speaker 1>still on the books of every single state. Most of

0:51:15.080 --> 0:51:18.960
<v Speaker 1>these laws include provisions that allow for the examination of

0:51:19.000 --> 0:51:25.560
<v Speaker 1>people reasonably suspected of carrying quarantinable disease. Of course, there

0:51:25.640 --> 0:51:30.040
<v Speaker 1>are legitimate cases of quarantine or other restrictive measures employed

0:51:30.040 --> 0:51:32.960
<v Speaker 1>for public health reasons. That's why I think it's so

0:51:33.080 --> 0:51:38.000
<v Speaker 1>important to distinguish the American Plan from other public health initiatives, because,

0:51:38.200 --> 0:51:40.560
<v Speaker 1>at the end of the day, as that Monterey police

0:51:40.560 --> 0:51:44.759
<v Speaker 1>officer said, it was not truly about public health. If

0:51:44.760 --> 0:51:48.799
<v Speaker 1>government officials wanted to control STIs, there were myriad other

0:51:48.880 --> 0:51:52.560
<v Speaker 1>options that did not involve imprisoning women without due process.

0:51:53.480 --> 0:51:56.239
<v Speaker 1>But none of these options would have allowed officials to

0:51:56.280 --> 0:52:00.960
<v Speaker 1>police women's bodies and behavior like the American Planned. As

0:52:01.000 --> 0:52:04.400
<v Speaker 1>Scott Stern writes in his superb book about both Nina's

0:52:04.400 --> 0:52:09.160
<v Speaker 1>case and the Plan's overall history, quote, the plans legacy

0:52:09.280 --> 0:52:13.319
<v Speaker 1>is not merely these laws and these precedents. It is

0:52:13.360 --> 0:52:17.520
<v Speaker 1>the philosophy they helped to cement that women and promiscuous

0:52:17.520 --> 0:52:21.120
<v Speaker 1>people are dangerous and morally inferior, that they need to

0:52:21.160 --> 0:52:26.000
<v Speaker 1>be stopped, locked up, and reformed. This philosophy and the

0:52:26.040 --> 0:52:30.200
<v Speaker 1>practice of policing the sex lives of stigmatized groups, especially women,

0:52:30.640 --> 0:52:35.640
<v Speaker 1>has a long history. This philosophy endures to this day.

0:52:37.120 --> 0:52:40.719
<v Speaker 1>That's the story of Rock v. Carney. Join me after

0:52:40.760 --> 0:52:43.759
<v Speaker 1>the break to learn about one more recent recurrence of

0:52:43.840 --> 0:52:52.920
<v Speaker 1>planned philosophy and how people fought back. In late nineteen

0:52:52.960 --> 0:52:56.520
<v Speaker 1>eighty five, a poll found that a majority of Americans

0:52:56.680 --> 0:53:02.680
<v Speaker 1>supported quarantining those with AIDS. Legislators across the country began

0:53:02.800 --> 0:53:06.319
<v Speaker 1>introducing bills calling for laws that empowered the state to

0:53:06.440 --> 0:53:12.440
<v Speaker 1>test anyone suspected of having HIV or AIDS and quarantining them,

0:53:12.719 --> 0:53:17.240
<v Speaker 1>but support for these measures was not unanimous. Quickly, people

0:53:17.280 --> 0:53:23.200
<v Speaker 1>began fighting back in opposing quarantine laws. Physicians, scholars, and

0:53:23.320 --> 0:53:27.280
<v Speaker 1>activists turned to the past to show how quarantines wrongly

0:53:27.320 --> 0:53:32.640
<v Speaker 1>applied were not only ineffective but dangerous. They wrote about leprosy,

0:53:32.960 --> 0:53:37.600
<v Speaker 1>about yellow fever, about tuberculosis. They also wrote about the

0:53:37.640 --> 0:53:42.280
<v Speaker 1>American Plan. The language of these AIDS bills, wrote scholar

0:53:42.320 --> 0:53:46.279
<v Speaker 1>and activist Beth Bergmann in nineteen eighty seven, is strikingly

0:53:46.320 --> 0:53:50.480
<v Speaker 1>similar and frequently identical, to that of syphilis quarantine and

0:53:50.520 --> 0:53:54.480
<v Speaker 1>testing provisions written nearly a century ago, where medicine and

0:53:54.560 --> 0:53:59.080
<v Speaker 1>science were lacking citizens, legislatures and courts based their actions

0:53:59.120 --> 0:54:03.560
<v Speaker 1>on cultural stare rieotypes. Fortunately, though there were several cases

0:54:03.560 --> 0:54:07.879
<v Speaker 1>of AIDS quarantines, no mass quarantine movement or policy ever

0:54:07.960 --> 0:54:12.520
<v Speaker 1>came to be. The historian Alan Brandt also drew connections

0:54:12.520 --> 0:54:16.080
<v Speaker 1>between the past and the present. In nineteen eighty five,

0:54:16.239 --> 0:54:20.320
<v Speaker 1>Brandt published his book No Magic Bullet, A Social History

0:54:20.360 --> 0:54:23.360
<v Speaker 1>of Venereal Disease in the United States since eighteen eighty,

0:54:23.880 --> 0:54:27.560
<v Speaker 1>which explored the cultural contexts which shaped public health approaches

0:54:27.600 --> 0:54:32.080
<v Speaker 1>to STIs. Two years later, he reissued the book, now

0:54:32.160 --> 0:54:36.440
<v Speaker 1>with a new chapter addressing AIDS. Brandt emphasized the danger

0:54:36.520 --> 0:54:41.040
<v Speaker 1>of connecting disease with morality, writing that quote, so long

0:54:41.120 --> 0:54:44.359
<v Speaker 1>as disease is equated with sin, that there can be

0:54:44.719 --> 0:54:49.719
<v Speaker 1>no magic bullet. After the publication of Brant's book, many

0:54:49.800 --> 0:54:52.839
<v Speaker 1>AIDS activists reached out to him to learn more about

0:54:52.840 --> 0:54:56.800
<v Speaker 1>the history of STI policy in the United States. Brant

0:54:56.840 --> 0:55:01.440
<v Speaker 1>was touched by this effort, but also unsurprised. In his words,

0:55:01.520 --> 0:55:05.000
<v Speaker 1>quote history does provide us with a way of understanding

0:55:05.080 --> 0:55:08.880
<v Speaker 1>and approaching the present. I have been reflecting on this

0:55:09.000 --> 0:55:12.960
<v Speaker 1>quote while writing this episode. I consider myself decently well

0:55:13.080 --> 0:55:17.480
<v Speaker 1>versed in, or at least obsessed with American history, but

0:55:17.600 --> 0:55:21.359
<v Speaker 1>I had never heard of the American Plan. Neither had

0:55:21.400 --> 0:55:24.160
<v Speaker 1>Scott Stern, the author of the Trials of Nina McCall,

0:55:24.560 --> 0:55:27.400
<v Speaker 1>before a professor mentioned it offhandedly in one of his

0:55:27.520 --> 0:55:32.040
<v Speaker 1>undergraduate history classes. I am grateful to Stern and to

0:55:32.120 --> 0:55:35.799
<v Speaker 1>all other historians of the plan for illuminating this dark

0:55:35.880 --> 0:55:39.719
<v Speaker 1>chapter in our past. Without learning about it, how can

0:55:39.760 --> 0:55:44.320
<v Speaker 1>we ever fully understand our present. Thank you for listening

0:55:44.320 --> 0:55:47.640
<v Speaker 1>to History on Trial. My main sources for this episode

0:55:47.640 --> 0:55:51.040
<v Speaker 1>were Scott W. Stern's book The Trials of Nina McCall,

0:55:51.719 --> 0:55:55.520
<v Speaker 1>Sex Surveillance and the decades long government plan to imprison

0:55:55.719 --> 0:56:01.120
<v Speaker 1>promiscuous Women, and Alan M. Brandt's book, Oh Magic Bullet,

0:56:01.520 --> 0:56:04.640
<v Speaker 1>A Social History of Venereal Disease in the United States

0:56:04.719 --> 0:56:08.840
<v Speaker 1>since eighteen eighty. Special thanks to Scott Stern for answering

0:56:08.840 --> 0:56:12.160
<v Speaker 1>my questions about Nina's story, as well as providing some

0:56:12.320 --> 0:56:16.000
<v Speaker 1>excellent photos which you can see on our instagram at

0:56:16.080 --> 0:56:19.600
<v Speaker 1>History on Trial. For a full bibliography, as well as

0:56:19.640 --> 0:56:22.839
<v Speaker 1>a transcript of this episode with citations, please visit our

0:56:22.840 --> 0:56:30.040
<v Speaker 1>website History on Trial podcast dot com. History on Trial

0:56:30.239 --> 0:56:33.960
<v Speaker 1>is written and hosted by me Mira Hayward. The show

0:56:34.000 --> 0:56:37.760
<v Speaker 1>is edited and produced by Jesse Funk, with supervising producer

0:56:37.840 --> 0:56:43.480
<v Speaker 1>Trevor Young and executive producers Dana Schwartz, Alexander Williams, Matt Frederick,

0:56:43.680 --> 0:56:47.200
<v Speaker 1>and Mira Hayward. Learn more about the show at History

0:56:47.239 --> 0:56:51.200
<v Speaker 1>on Trial podcast dot com and follow us on Instagram

0:56:51.480 --> 0:56:56.280
<v Speaker 1>at History on Trial and on Twitter at Underscore History

0:56:56.320 --> 0:57:00.719
<v Speaker 1>on Trial. Find more podcasts from iHeartRadio by visiting the

0:57:00.760 --> 0:57:04.839
<v Speaker 1>iHeartRadio app, Apple Podcasts, or wherever you listen to your

0:57:04.880 --> 0:57:05.640
<v Speaker 1>favorite shows.