Colony Jax

Now There's More Than One Way To Get Your Trivia On In Springfield

2008-06-04T12:21:00.003-04:00

Starting tonight at 6:30, 9th & Main will be hosting a weekly trivia night. Sure, the time seems weird, but it is currently the best night available and 9th & Main also has to accommodate its Wednesday karaoke that starts at 8:30 (which I've heard is becoming quite the hit).

Hopefully this new trivia event will not compete with the well-established Tuesday night Trivia that Shantytown has been hosting for the past year or so. However, Shantytown trivia regular, Kate Medill, will be taking the reins at 9th & Main as trivia mistress. Not to worry, though. The current queen of quizzical questions, Donna (can't remember last name) has signed on to the additional trivia night and has promised to be competing in tonight's inaugural event.

I don't know yet if 9th & Main will offer the same $20.00 bar tab to the winners as Shantytown does.

As for an update on the Shantytown trivia, the last tournament ended two weeks ago (go Average Bears, thank you, thank you and Kate and Dave and sometimes John thanks you), beating out the stiff competition of Spork, Danger Meat, Trivia Squid, and a varying cast of come and goers. The next tournament at Shanty will kick off sometime around the first of July. There will be an award ceremony next Tuesday for the previous tournament (potluck dinner) and the non-competative (my ass) fun-for-all trivia will continue throughout this month.

So grab some friends, meet new ones, put your brain cap on, and grab some trivia, whether it be at Shanty on Tuesdays (at 8:00) or 9th & Main on Wednesdays.

Derailing the Straight Talk Express -- Exposing The Lies -- Swaying The Misinformed

2008-05-28T09:47:00.004-04:00

I have friends who have told me they would vote for McCain over Obama, but Hillary over both. Seeing as how Hillary's campaign is turning into nothing but a bad memory, I think it very important to arm myself with every tool available to counter the "McCain's not such a bad guy and isn't he really a pretty centrist straight shooter anyway" blindspeak.

Hopefully the below is one such tool. Circulate as necessary. Upload it to your ipod or iphone or whatever to show at the next family gathering to your confused 18 year old cousin, your vacant 89 year old grandmother (or grandfather) or your recently laid off 45 year old uncle when you catch any one of them stumbling over their misplaced reasoning for why they think, but are not sure, they want to support McCain.

First Coast DPC(TM) Meet And Greet

2008-05-26T22:15:00.005-04:00

Thursday, May 29th, 2008 at 6 pm

First Coast DPC (TM) May Meet and Greet at Tastings 1515 Prudential Drive Jacksonville, FL 32207

Phone: 904-346-0605 When: May 29, 2008 at 6 pm

The Jacksonville Chapter of the Democratic Professionals Council (DPC) would like to invite you to our monthly social, to be held at Tastings on the Southbank.

The DPC seeks to re-engage and strengthen Jacksonville area professionals with the Democratic Party. With the upcoming 2008 Presidential election, as well as a host of other local, state, and federal races, now is a great time to get out and network with your fellow Democrats.

For those of you who aren't familiar with Tastings, it is a wine sampling bar that also boasts a great beer selection and appetizers.

We encourage you to visit our website at www.democraticprofessionalscouncil.org for more information and sign up to receive regular event invitations and announcements. If you have any questions please feel free to contact our event coordinators: contact Adrienne Cartegena at thisisadrienne@gmail.com or Jennifer Mills at jmhmills@hotmail.com

Want To Go Green? Clear Your Savings, Up Your Credit Limit and Bring Your First Born -- Oh, And Don't Forget To Bend Over

2008-05-26T15:43:00.005-04:00

Wondering what's next on the "gettin f**ked in the pocketbook" horizon? We're there already with gas, groceries, energy, popcorn (yes, as in movie popcorn) and just about every other day to day consumer necessity.

By now everyone is wondering how best to cut back, to save, to get ahead, to go green, conserve, to do one's part, all to make rent or mortgage or, god forbid, feed the kids, or start playing the responsible earth steward.

Right?

Well, the auto dealers have now jumped on the bandwagon to get a piece of the "rape the public's pocketbook" bandwagon.

See link below. It's disgusting yet hardly surprising that corporate capitalism (I know, some call it simple economics -- I call it the simple greed) continues at its best in this every man for himself, survival of the fittest, social darwinistic, dog eat dog, screw 'em all world.

http://www.cnn.com/video/#/video/living/2008/05/26/lawrence.small.cars.cnn

The Times Union Offers A Solution To Republicans As They Struggle For Votes And Relevancy In This Year's Election: Become A Democrat

2008-05-20T08:25:00.009-04:00

Ever concerned with the future of the GOP, the Times Union editors have written a sort of "how to" opinion piece to get the off base, out of touch Republicans back in good with the middle class (Apparently the GOP has given up on appealing to the lower class.)

As we all know, America isn't so enamored these days by the current president, and in case there was any doubt or questions, the TU leads off its manifesto with a master of the obvious statement: "It's no secret: President Bush is unpopular." (Okay, maybe it is still a secret in the White House.)

So what can the Republicans do to salvage its plummeting popularity in this country? To answer this question, the TU turns to GOP apologist and former party propagandist David Frum. The TU also turns to Newt Gingrich, who has the audacity to suggest another Contract On America (since the first one was such a hit that it helped kill the GOP revolution in just 12 short years).

So what do these intellectual amoebas know now that they haven't bothered to share with the administration?

First, trim back the federal bureaucracy. Not a bad idea. How about trimming it back to the level it was before GW created the Department of Homeland Security, a move that saw the biggest jump in federal expansion since World War II and bloated the federal government to record size.

Second, military spending should be assessed for waste. Wow, this shouldn't even be its own pointed topic. But with the corruption of the Halliburtons and the disappearing of billions of contract dollars in Iraq, yeah, maybe someone in the GOP should start paying attention to wasteful spending.

Third, corporate welfare . . . should be reined in. Again, really? You mean, in order to draw favors from the middle class, the Republicans are going to have to stop giving away money in the form of tax free and other bogus incentives, or maybe even start making the oil gas companies pay the billions in royalties it owes the government instead of letting these companies skate on improper exemptions?

Other suggestions the TU makes in an attempt to make the GOP appear human to the rest of the world include embracing cleaner energy sources, promoting competition in the health industry, and controlling outlandish earmarks.

Taking in all of these suggestions, doesn't it sound like the cure for the Republican failures is to have them embrace Democratic ideals? Sounds that way to me.

Want to be popular? Save the environment.

Want credibility with 99% of Americans? Stop giving away money to the defense contractors and oil companies.

Want to appear compassionate to the tens of millions without health insurance? Start addressing the problems in the insurance and health care industry.

Thanks, TU. I hope all your faithful readers will embrace the Democratic philosophies you have espoused in your editorial and will vote this year (and forever) for the one party that truly resonates and makes social, environmental and economic sense to the rest of the country.

9th & Main -- Always Something New -- Pun Intended

2008-05-19T05:15:00.019-04:00

I didn't realize it was meant to be self-deprecating. I first saw the sign on the corner of 8th and Silver, facing north west on a vacant lot about three weeks ago advertsing 9th & Main with the slogan "always something new."

I thought to my self as I drove past, rolling my eyes, "No shit, you geniuses. That's the problem, isnt' it? No one knows what to expect from 9th & Main anymore, and so people have just stopped showing up."

Most by now who are even remotely in tune with Springfield, specifically, and downtown, generally, know the successes and failures, and lately the failures, that have come to personify 9th & Main's less than glorious existence.

Briefly (and I'm really simplifying this), it was a hit some years ago in the form of Henrietta's. Then it did okay as Nosh. Then it started hitting bumps and fits and coughs and sputters and I swear not even a scorecard, two maps and a pie chart could assist in keeping track of the myriad of handlers and management who foolishly sought their fortunes under the hallowed roof that once served as a Firestone station.

A year and a half ago 9th & Main appeared to have potential again. The lunches were doing okay and I always looked forward to the Friday family dinner out, with Ed Cotton playing in the background and my daughter running back and forth between the pool and foosball tables.

Then the inconsistency hit. The meals were tanking, the service ceased to exist and there was always a question of whether the restaurant would even be open on a given day at a given time. So we stopped going.

All the above to say that there may be new life, really new life, being pumped into 9th & Main again. Forgetting the vanity driven, pro se litigation and other management versus ownership issues that have gone on this past year, underneath the current structure there is a tireless, flowering effort that could bring stability, consistency, quality and overall enjoyment back to 9th & Main.

I approached the rumor of a re-born 9th & Main with intense skepticism and downright cynicism. But after enjoying a last stop night cap there two weeks ago, and standing out front with my visiting friend lamenting the end of the evening, I found myself soon caught up in conversation with Tory Aunspach, manager (for lack of a better word) of the "always something new" 9th & Main.

Now, mind you, this is not meant to be a fluff piece about Tory, or a jab at any of the past incarnations, or even a lovefest over the future of Springfield. This is merely the telling of a story of a local (me) who, along with his neighbors and scores of others, just want to see 9th & Main do and be something that we can come to rely on. We don't care about the in-fighting, the bickering, the gossip or the mudflinging. We just want to be able to enjoy all that 9th & Main has to offer.

After getting the quicky background on what has been the last six months of Tory's life, I realized it was well worth it to make further inquiries into Tory's attempts to do what no one else has been able to do since the days of Henrietta's.

So I met with Tory a week ago to hear the pitch, to be wooed, convinced, awed, whatever. Like I said, I was approaching this with a level cynicism that could not be placated by mere words.

Tory definitely had his approach ready. He'd thought it through. He knew exactly what he wanted to tell me as if he were reading from a memorized script. In fact, I later learned that he had posted the exact same sentiment of energy and hope on jaxoutloud in an attempt to reach out to all those he could to express and explain the "new" 9th & Main and how its future can amount to nothing but success.

I left my conversation with Tory knowing that I'd write something eventually. But I didn't want to write a repeat of what he'd told me and the whole jaxoutloud community. It wasn't enough to add that the kaoroke crowd present that night in the bar area was clearly faithful evidence of a newish local tradition.

So I went back the next night with a friend. It was a benefit with (I think) five bands scheduled. I looked around, played some ping pong, and got a sense of communal enjoyment and relaxation. When I left that night, I felt sure I'd be back one day very soon.

It turned out the "one day soon" was the next night for dinner. Okay, so there was no live performance. But the kids were having a blast, my daughter proving that she's only years away from mastering Miss Pac Man and billiards. The food was just as I remembered it, Tory having made a pledge to return to the days of the simple, inexpensive menu (and the well drinks for happy hour were only $2.25!).

I was feeling better. Tory's words were manifesting in my mind from talk to reality. What was there to do but return yet again the following night, with more friends in tow, to celebrate the passing of my youth as I turned 39? Another great night was had as hundreds of people filled the restaurant, the bar and the music hall for a Mass Appeal celebration and poetry jam.

In a word or two, Tory has a passion about what he's doing and about the survival of 9th & Main. He has a seriousness about the food, the atmosphere, the mindset and the vision that could put this establishment back on the social map. He's reaching out to the neighborhood (having put his money where his bed is by taking up residence in Springfield) and made it to last week's SPAR meeting to make his pitch.

To conclude, in my continued, albeit waning, cynicism, I'd rather make the cliche analogy that 9th & Main is the mountain to Tory's Sisyphus than that the "new" 9th & Main is the phoenix springing forth from the ashes of a failed past. (Tory tells me that the wings in the logo represent Icarus' wings reattached with tape, so take whatever analogy from that as you wish.) However, unlike the eternal misery that Sisyphys faced, Tory (and everyone working endlessly to see 9th & Main succeed, including band booker Dan Blanchard) may actually be able to get that rock over the mountain.

First DCA Rejects Recognition Of Same Sex/Non-Married Loss Of Consortium Causes Of Action

2008-05-16T08:57:00.003-04:00

Back in March, I posted a piece about a case scheduled to be heard by the First District Court of Appeal of Florida regarding the rights (or lack there of) of non-married couples to bring a loss of consortium claim in personal injury lawsuits.

Yesterday the First DCA issued its opinion and refused to extend Florida law to recognize loss of consortium claims for non-married persons.

Briefly, the common law in Florida requires as a condition precedent to a loss of consortium claim that there be a valid marriage between the injured plaintiff and the spouse. Despite this, Judith Bashaway sought loss of consortium recovery based upon her committed relationship to her partner, Melinda Garrison, after Garrison was severly injured in an automobile accident.

Judge Karen Cole granted defendants' motion to dismiss Bashaway's claim for failure to state a cause of action recognized under Florida law. The appeal followed.

To simplify the decision, the First DCA affirmed Judge Cole's order, confirming that "a consortium claim under Florida law is a derivative claim dependent upon legal status that does not exist in the present case." In otherwords, Florida does not recognize same sex marriages. Therefore, Bashaway does not have the legal status as Garrison's wife and thus cannot sustain her loss of consortium claim.

So what's the next step? Bashaway will have to move the First DCA to certify the issue as one of great public importance (this motion is due May 30). Assuming this motion is granted, then the Florida Supreme Court will take up the case with oral argument to follow.

Anyone interested in watching the oral argument, held at Florida Coastal on March 20, 2008, go to mms://videoserver.1dca.org/video/3-20-08-1.wmv.

Hillary's Downfall

2008-05-14T10:12:00.002-04:00

Okay, I try to be pretty sensitive to excess expletives, and I definitely have problems using Hitler in any context other than historical.

But I couldn't resist here. This has to be taken for the pure humor that it is. I'm suspending my PC membership for just one brief moment to pass this on.

That's my disclaimer. Otherwise, enjoy.

Yeah, Kind Of Rings A Bit True Sometimes -- No You Can't

2008-05-14T05:58:00.003-04:00

Barr The Presumptive Libertarian Presidential Candidate -- Nader Upset To Lose Grand Spoiler Title

2008-05-12T21:09:00.009-04:00

Former Rep. Bob Barr says a number of Republicans have been trying to persuade him not to run for president on the Libertarian Party ticket, but none has given him a convincing reason.
--The Washington Times

Okay, first, no, I don't read the Washington Times (and refuse to link it here), but I came across this quote while looking up information on this story.

All I can say is, interesting. Very interesting. I love the quote above, especially the part about no one being able to give Barr a convincing reason not to enter the race.

For those who don't remember, Bob Barr hates Bill Clinton. Well, that's not fair. I can't say he hates Bill, but he sure did seem to enjoy himself with evil disdain during the impeachment era.

Apparently Bob hates the modern, wingnut Republicans as well. Okay, that's not fair either. But he sure has come a long way since joining Newt's Contract On America.

So Bob got a bit disenchanted with his party and its warmongering and civil rights violating ways to the point where he switched parties in 2006 and joined the league of extraordinary Cato Institute pot smokers (or at least pot approvers).

Another favorite quote of mine in this article is when the Newtster concedes that a Barr candidacy would give Obama the edge he needs to beat McCain. ("Bob Barr will make it marginally easier for Barack Obama to become president.")

So I'm in a mood more cheerful than I have been throughout this bruising primary season, and definitely since February 24 when Nader announced his 88th bid for the White House (and then hasn't been heard from since).

Bob still has the pesky Libertarian convention to contend with in ten days, but he's the odds on favorite to carry the torch for his new party and wear the spoiler label for the rest of his life, sharing the infamous title with 1992 winner Perot and 2000 winner Nader. (Oh the oddity that Barr would actually hire Perot's campaign manager, Russ Verney, as a campaign consultant!)

George Lovenguth -- Democratic Candidate For District 5 State Senate

2008-05-12T08:11:00.007-04:00

A couple weeks ago, I posted an announcement of sorts about a Democratic candidate named George Lovenguth who is challenging Republican incumbent Stephen Wise for the District 5 State Senate seat. (District 5 runs mostly along the west of Duval County to almost Macclenny, down from Nassau and into Clay, and the western part of St. Johns, stopping a bit west of St. Augustine.)

As I was unable to find much about Mr. Lovenguth on my own, I asked for anyone with information to provide what they could. The below is the response I received in the form of a full biography. I also provide a campaign website of sorts, which appears to be in the beginning stages of development.

The disclaimers to the bio are as follows: (1) This bio did not come directly from the Lovenguth campaign, but second hand, apparently from the Westside Democratic Club of Nassau County; (2) I have never met or spoken to anyone in the Lovenguth campaign; (3) I have not formed my own personal opinions about this race other than having the usual inclinations for supporting a democrat over a republican; and, (4) This post is not a blind endorsement of Lovenguth. I'd still like to know more about the candidate.

http://www.lovenguth.org/

Born May 18, 1951, George Anthony Lovenguth has served many public causes, from decorated Vietnam conflict war veteran to Chairman of the first City of Perth Amboy New Jersey re-development Commission in the late 1980's to operating his own flight training school in Linden, New Jersey during the 1980's to being real estate broker and consultant on land matters and re-development issues to being an advocate for disabled veterans and their families.

George is a survivor of the Agent Orange exposure while an aircrew member aboard the Ch-46D model helicopter serving with HMM-262 while in country transporting fellow Marines under hostile fire daily. Nineteen years after his honorable discharge, George Anthony Lovenguth entered the veteran healthcare system where he passed his time assisting other veterans with their VA claims.

Today George Anthony Lovenguth resides with his wife Karen J. Bessemer Lovenguth in the Riverside section of Jacksonville where they also own and operate a coffee shop named Heartworks Cafe which is doing business as Scribes Cafe; a small Ma and Pa coffee Shop which serves specialty coffee and a lunch. It is located at 820 Lomax Street in the 5 Points historic district in Riverside.

They lived in Williston, Florida in Levy County before moving to Jacksonville four years ago.

George Lovenguth has volunteered for most of his positions during his lifetime and it’s been from the many Florida veterans he has met and from the many Florida senior citizens he meets daily at the Scribe Cafe coffee shop that the decision to become the Florida state senator from district five was made.

George Anthony Lovenguth has given a lifetime of service to his fellow man. He has lived his life with honor and integrity and volunteers to assist when the people around him speak with him about the issues that they state they need help with in their lives. George not only listens’ to these people but he writes on their behalf to get their message through. Having studied literature for most of his academic life George Anthony Lovenguth earned his BA degree with a specialty in literature in 1994 after going to college part time over a period of 20 years. He knows the reading and writing process and wants all young students to have a better opportunity to also be able to read and write. He had to withdraw from the master of education degree program at Nova Southeastern University in 1996 because of his service connected disability.

As a Florida state senator George Anthony Lovenguth has the training and experience to put forward a bill or two that will benefit the people of Florida in terms of educational improvement, healthcare issues, and whatever other issue of challenge that may present itself. On the other hand, George Anthony Lovenguth will not vote on any bill that puts the interest of outsider businessmen first. He will vote yeas on the bills that benefit the residents of district five and the full time resident of Florida overall.

George Anthony Lovenguth is especially astute with the Dept. of Veterans Affairs procedures and during his last PET scan he checked out quite clean and clear of any remaining health problems. He will attend every senate meeting day and them some. He will [not?] enroll in the senate health care program either.

For relaxation George Anthony Lovenguth enjoys spending time with his wife and listening to other concerns about life in Jacksonville and Florida. He travels once or twice a year to visit family in Colorado and New Jersey. Gardening is a favorite past time, as is maintaining his 1995 Chevy Caprice 9C1 model and keeping his guns ready for inspection.

It needs to be noted that George Anthony Lovenguth earned the Combat Action Medal, the much esteemed Air Medal, and of great pride to him, the Naval Air Crew insignia (Combat Aircrew Wings) with three stars for his volunteer helicopter missions in South East Asia when he was only 18 years old as a young Marine Corps Corporal.

There is no doubt of where his intentions are when it comes to assisting those in need. George Anthony Lovenguth is one of the good guys and one of the many very patriotic Americans in America today. He is a loyal life member of the Veterans of Foreign Wars and appreciates a good air show.

Thank you.

Art Admits That Striking Kelly, Even If Only Slight, Would Cause Harm

2008-05-09T12:42:00.008-04:00

Here's the motion to amend, etc. Basically, Kelly is saying that since Art admitted in his answer that struck Kelly and that striking Kelly would cause Kelly harm, then Art should be held liable for punitive damages.

Now, remember, this is just a proffer. It really doesn't take much to amend to add punitives. There is no hearing date yet.

Tim Kelly Moving For Punitive Damages Against Art Shad

2008-05-09T09:17:00.002-04:00

I was heading to the courthouse for another hearing this morning, but thought I'd check the docket sheet on our favorite case (Kelly v. Shad) before I left just to see if there was any action.

Low and behold, what did I see, but a motion to proffer punitive damages filed by the punchee. (Cute, huh? My daughters into rhymes these days.)

In Florida, a plaintiff cannot allege punitive damages out of the box. There must be a proffer of evidence to the court requesting permission to add a claim for punitive damages. Apparently Tim Kelly has done just that.

I'll report back later once I've looked at the motion.

Vigilantes, Bandits And Bad Guys – Jacksonville Citizens Goes Lawless – JSO Nowhere In Sight

2008-05-09T08:45:00.002-04:00

To put this post in context, first read the definition below. Absorb it, know it, understand it, love it. Now read the article that follows. The comments in bold are mine.

vigilante (vĭj'ə-lăn'tē) n.
One who takes or advocates the taking of law enforcement into one's own hands.

Candidate for Judge Mugged

JACKSONVILLE, FL -- When a young professional had her purse snatched Thursday afternoon, a half dozen strangers picked up the chase. (Meaning, they took the law into their own hands, put themselves needlessly in danger, to perform a function solely tasked to local law enforcement.)

Attorney and Judicial Candidate Virginia Norton had just left a seminar at the Duval County Courthouse, walking to her car two blocks north on the 200-block of East Adams Street. (Obviously this event would have received no press had the victim been you or me.)

"Out of nowhere a person appears and grabs my arm and starts pulling my purse!" said Norton. (Terrifying under any circumstance.)

It was broad daylight in the middle of downtown and Virginia Norton tried to fight back. (Um, fight back?!?! Noble, sure. Wise, hardly. In this day and age, assume criminals are armed, and not afraid to shoot.)

"He outpowered me being a larger person than myself," she said. That's when she began screaming, and this victim soon realized she wasn't alone. (No, she wasn't alone. There were loads of average citizens around, but apparently no police. This happened right in front of the courthouse, across from the police station, and there's no mention of the police responding?)

Dan Evans was farther down the block. (Vigilante and frontiersman #1)

"I was just getting in my truck and I heard a lady scream. 'Turned around and seen a guy snatching her purse. I busted out like lightning trying to catch him. (But) He was a young man and he beat me!" (This guy’s grammar issues are the least of his worries. Chasing a purse snatcher is the bigger one. Welcome to the wild lawless west.)

"Actually about five people chased him down," said Norton, including one woman in her minivan going after the bandit. (Great, now we’ve got the whole town, including soccer moms – and still no police -- going after . . . “the bandit!?!?!” – Did the First Coast News really use the word “bandit?” This really is the wild west.)

"Just... I was looking out for her. I guess I don't know what I was thinking. I just did what I had to do," said Evans. (Right. Didn’t know what he was thinking. That’s the motto of the southern vigilante – “Act first, get shot by “the bandit” later.)

Police are still looking for the bad guy, and the purse was eventually recovered several blocks away, minus Norton's cash, City I.D. and Driver's License. (Yay, the police are finally in on the chase. Well, okay, apparently the chase is over. The pitchfork and torches citizens of Duval County failed us once again and let the “bad guy” [what the hell is up with these lame descriptions] get away.)

Her left arm was already beginning to swell and bruise, but she is mostly grateful for the pack of Good Samaritans like Dan Evans who literally ran to her aid. (Well, Virginia, no, they’re not Good Samaritans, they’re vigilantes. As a judicial candidate, I hope that your praise for these people is not an endorsement and approval of their improper and foolish actions.)

"But all the wonderful people who came to help me and wherever they are tonight --God Bless you and thank you!" (Yes, god bless the vigilante heroes. This encouragement, by a judicial candidate no less, has just set society generally and Jacksonville specifically back hundreds of years.)

I May Be Blowing My Anonymity, But It's For A Good Cause

2008-05-08T08:25:00.010-04:00

Are You Kidding Me? Art Fancies (And Sponsors Bill) Legalizing Dogs In Restaurants

2008-05-06T11:51:00.004-04:00

From Today's Daily Record.

What is it with Art and dogs? So he doesn't mind dining next to one but he goes violently ballistic when one approaches him in a park?

Committees split on permitting dogs at restaurants

05/06/2008
by David Ball
Staff Writer

An ordinance that would allow dogs to accompany diners in certain parts of some restaurants was greeted with mixed reactions from two City Council committees on Monday.

In the morning, the Rules Committee voted down the ordinance 6-0. In the afternoon, the Finance Committee passed it 4-0. The Land Use and Zoning Committee will take up the ordinance today.

Bill sponsor Art Shad, who chairs the Finance Committee, said he understands the issues surrounding the ordinance but would still like to see it reach the entire City Council.

“I could really argue both sides of it,” said Shad. “It needs to play itself out. I’d like to see it pass and see how many restaurants take advantage of the permit, and maybe revisit it in a year.”

The ordinance is predicated on a three-year pilot program established by the State Legislature in 2006 and 2007 that allows local governments to create a permitting procedure for restaurants to allow “patron dogs” in outdoor dining areas.

Shad said he had heard from many restaurant owners in Riverside and San Marco that recently received health department citations for having dogs on the premises.

“This was an attempt to legalize what is a pretty common practice in Riverside and San Marco,” Shad told the Finance Committee. “Apparently enforcement of it was pretty complex and overly cumbersome.”

According to the Planning and Development Department, a designated dog-friendly area would have to obtain permit approval by the City Council and would need to meet the following standards:

• Outdoor seating diagram drawn to scale identifying points of entry and exit and delineation of the boundary for the dog-friendly area including all fences and pathways.

• Dog-friendly area shall clearly identify hours of operation.

• Employee procedures prohibiting contact with dogs while serving food or beverages.

• Tables for customers equipped with hand sanitizers.

• Dogs prohibited from contact with serving dishes, utensils and tableware.

• Dogs kept on a leash at all times.

• Dogs not allowed on chairs or tables and such surfaces shall be sanitized between seating of patrons.

• Dog waste shall be promptly cleaned up and a kit with necessary materials shall be kept near the designated outdoor area.

• Signage regarding permitting, rules and public notification must be clearly posted at all times.

The Municipal Code Compliance Division of the Environmental and Compliance Department would be responsible for monitoring enforcement of the ordinance and responding to citizen complaints.

Shad said a $250 permit application fee, not taxpayer money, would pay to administer restaurant permitting and enforcement. However, he said that fee is another issue that could diminish the ordinance’s use.

“That makes it expensive for many restaurants. They don’t want to pay $250,” he said.

While Not Officially Ordered Yet, Look For More Than Harms And Graham On The August Ballot For The Group 2 At-Large Seat

2008-05-05T16:57:00.004-04:00

While I was unable to attend the hearing today on Bob Harms' motion to join the Brown v. City Council of Jacksonville case, someone close to the hearings gave me the two minute summary.

The short of it is that, despite Paul Harden’s request that the judge allow the parties to intervene only, Judge Nachman granted the motion for joinder as to both Harms and Graham. This, though, at least to the judge, was a difference without distinction as the true issue for the judge was that there is really no factual dispute regarding the underlying pleadings and that the entire matter can be ruled upon legally.

Meaning, even without discovery, Judge Nachman believes he has enough information, or at least he will once all responsive pleadings and motions for summary judgment are in, to rule on the Brown/Harden complaint for declaratory relief.

It appears Judge Nachman is standing corrected on his original order, in fact clarifying his position that he never intended for the new election to be confined to just Harms and Graham.

Let me repeat, the judge was adamant that he never intended his ruling to be read to mean that the race would only be open to Harms and Graham.

However, as this issue was not properly in front of the court today, there has not yet been a ruling on the complaint/summary judgment. That will come on May 28 when all summary judgment motions, oppositions, etc., are heard. If the judge is inclined to deny the motions, then an evidentiary hearing (i.e., a mini-trial) will be held, possibly as early as May 30.

Are you as confused as I was when this was explained to me? Good.

The gist of it is, most likely, there will be more than Harms and Graham on the ballot in August. Simple. Again, the election was never meant to be closed. Not by Nachman.

The election will be open to all who qualify. Which raises a final interesting issue. Harms’ attorney sought clarification on a standing argument that Brown’s attempt to seek declaratory relief is improper if he has no intention of actual running for the Group 2 At-large seat.

Harden apparently confirmed that Brown does intend to run, but pointed out that there is no standing issue as anyone who has an interest in running, and is in fact qualified to run, would have standing to seek relief to get on the ballot.

So I’m sure my friend missed a few things. But, again, I think the main points have been hit. Anyone who wants to get the actual order can wait until it's been submitted and signed.

Don't try to order the transcript as, oddly, there was no court reporter present in chambers during the hearing.

Clinton Finds Yet Another Use For Her Middle Finger As She Continues Her Scorched Earth Campaign

2008-05-05T13:47:00.003-04:00

Is anyone else starting to see a little King George, a hint of Carl Rove, maybe the coy sneer of Dick Cheney or the puffy cheekiness of John McCain in Hillary Clinton these days?

Tell you what, hold that thought, read below, then come back and answer. As the Bush administration has taught us, there are now officially two sets of rules – the ones he continuously changes or makes up as he goes along, and the ones everyone else in the country must follow. It saddens me to see Hillary taking her cue from this my-way-or-the-lieway president.

Clinton Camp Says It Will Use The Nuclear Option

UPDATE May 5, 11am ET : Hillary Clinton's campaign today acknowledged plans to try to win seating of the disputed Michigan and Florida delegations to the Democratic Nation Convention at a meeting of the party's Rules and Bylaws Committee on May 31.

In a statement issued in response to a story on The Huffington Post ("Clinton Camp Considering Nuclear Option,"), the campaign declared:

"There is no secret plan.... The Clinton campaign has been vocal in stating that the votes of 2.5 million people must be respected. Hardly a day goes by when a Clinton official doesn't publicly declare that the votes of Michigan and Florida count and that the delegations from those states should be seated."

The campaign's public assertions stand in contrast to its response to inquiries prior to publication of the story. At that point, Clinton aides insisted on keeping all comments either off the record or on deep background, or did not respond to questions at all. The campaign statement appeared to be designed to try to reduce the significance of the story.

In a more typical reaction to the story, political analyst Larry Sabato of the University of Virginia said: "Wow. The nuclear option will yield nuclear winter for the Democratic Party."
Hillary Clinton's campaign has a secret weapon to build its delegate count, but her top strategists say privately that any attempt to deploy it would require a sharp (and by no means inevitable) shift in the political climate within Democratic circles by the end of this month.

With at least 50 percent of the Democratic Party's 30-member Rules and Bylaws Committee committed to Clinton, her backers could -- when the committee meets at the end of this month -- try to ram through a decision to seat the disputed 210-member Florida and 156-member Michigan delegations. Such a decision would give Clinton an estimated 55 or more delegates than Obama, according to Clinton campaign operatives. The Obama campaign has declined to give an estimate.

Using the Rules and Bylaws Committee to force the seating of two pro-Hillary delegations would provoke a massive outcry from Obama forces. Such a strategy would, additionally, face at least two other major hurdles, and could only be attempted, according to sources in the Clinton camp, under specific circumstances:

First, this coming Tuesday, Clinton would have to win Indiana and lose North Carolina by a very small margin - or better yet, win the Tar Heel state. She would also have to demonstrate continued strength in the contests before May 31.

Second, and equally important, her argument that she is a better general election candidate than Obama -- that he has major weaknesses which have only been recently revealed -- would have to rapidly gain traction, not only within the media, where she has experienced some success, but within the broad activist ranks of the Democratic Party.

Under that optimistic scenario, some Clinton operatives believe she could overcome several massive stumbling blocks:

-- Clinton loyalists on the Rules Committee would have to be persuaded to put their political futures on the line by defying major party constituencies, especially black leaders backing Barack Obama. Committee members are unlikely to take such a step unless they are convinced that Clinton has a strong chance of winning the nomination.

Former DNC and South Carolina Democratic Party chair Donald Fowler -- a Hillary loyalist -- would, for example, face an outpouring of anger from South Carolina Democrats if he were to go along with such a strategy.

-- A controversial decision to seat the two delegations, as currently constituted, would be appealed by the Obama campaign to the Democratic National Convention's Credentials Committee.

The full make-up of the Credentials Committee will not be determined until all the primaries are completed, but the pattern of Clinton and Obama victories so far clearly suggests that Obama delegates on that committee will outnumber Clinton delegates. Obama will not, however, have a majority, according to most estimates, and the balance of power will be held by delegates appointed by DNC chair Howard Dean.

For the scenario to work, then, Dean would have to be convinced of Clinton's superior viability in the general election, and that she has a strong chance of defeating McCain next November.
One of the arguments the Clinton campaign is privately making to autonomous "super" or "automatic" delegates, as well as to delegates technically "pledged" to Obama as a result of primary and caucus results, is that the campaign shifted dramatically in roughly mid-February.

At that point, Clinton supporters contend, the economy replaced Iraq as the dominant issue among primary voters, and that transition led to Clinton's successes in Ohio, Texas and Pennsylvania.

Clinton people also make the case that the past six weeks have seen examples of Obama's political vulnerabilities: his wife's "proud to be an American" remarks, the emergence of the Rev. Jeremiah Wright controversy, wider coverage of Obama's ties to 1960s radicals Bill Ayers and Bernadine Dohrn, "bittergate," the flag pin imbroglio, and "hand on the heart" accusations -- all impugning Obama's patriotism.

As Usual, The Onion Has All The Answers -- Pedestrians And Bicyclists, Take Heed

2008-05-04T16:49:00.003-04:00

New 'Get The Fuck Outta The Road' Program Aims To Increase Pedestrian Safety
May 3, 2008

WASHINGTON—In an attempt to address rising pedestrian deaths, the National Highway Traffic Safety Administration launched a new educational outreach program Monday to encourage people to "Get The Fuck Outta The Road."

The program began in selected cities this month with the distribution of pamphlets at each city's most dangerous intersections. It will also expand into national radio spots, televised PSAs, and, most importantly, word-of-mouth. Included in the pamphlets are tips on how every responsible pedestrian can learn to "Get The Fuck Outta The Road," including "Move your ass!" and "Look where you're fucking going for once!" as well as an instructive diagram for removing one's head from one's ass prior to stepping into the crosswalk.

Read the rest at http://www.theonion.com/content/news/new_get_the_fuck_outta_the_road

I'll Just Call This One A Not So New Twist On An Old Song

2008-05-04T15:54:00.004-04:00

As we gear up for another Tuesday night battle, it's time to get a little light hearted so we can chuckle at and over our continued frustrations. I won't lie, I thought this was pretty funny (otherwise I wouldn't have posted it.)

So The Ride May Not Be So Bumpy Afterall

2008-05-02T15:51:00.004-04:00

The unofficial word is that no one else sought to qualify for the State Attorney race. This is not the first time, nor is it the last, that I will make a wrong prediction.

For that matter, there do not appear to be any other surprises, at least locally.

The ever exciting judicial races are what they were. Jim Daniel successfully priced out any competition, meaning his name will not even be on the ballot. The residence of Clay County will wake up Wednesday, November 5 to find themselves a new judge they didn't even vote for.

Jeff Morrow will also take the bench in Duval County next year without opposition.

As for the other judicial seats, Adrian Soud goes up against Mark Hulsey while Virginia Norton goes against Rick Buttner.

There are two non-party status folks who have their name against Corrine Brown but their status is unknown (they're still listed as "active" and not "qualified").

Bill White will find himself campaigning all the way into November against Republican Matthew Shirk for Public Defender.

I'm not in tune enough with the State Senate and Representative races, so no thoughts there save to say that there is a Democrat in every race including one that has Mia Jones going up against Pat "I want a bust of my face in Tallahassee, too" Locket-Felder.

Also, Democrat George Lovenguth is testing his meddle against Republican incumbent Stephen Wise. To the best I've been able to learn, Lovenguth is a real estate broker who also took over Heartworks Cafe in 5 Points. Other information on this man anyone wants to provide would be greatly appreciated. Apparently he is not on the Democratic radar and definitely is not in with the DDC.

There Are Still Only Two In The State Attorney Race

2008-05-02T13:06:00.004-04:00

Another very helpful person, this time at the FL Deptartment of State Division of Elections, informed me that, as of 1:00 p.m., there were no newly filed candidates in the race for State Attorney in the Fourth Judicial Circuit. However, she cautioned that applications were still being processed and things would not be finalized until the end of the day.

I won't mind if my previous prediction, based on cynicism and contempt, turns out to be as wrong as GW's conviction that Saddam had WMDs. In fact, I want to be wrong.

As a friend pointed out, the ability for someone to come in at the last minute as a write in candidate, without even having to pay a dime to qualify or gather a single signature, is a sorry loophole that needs to be closed.

I'm Predicting A Cluster You-Know-What In The State Attorney Race

2008-05-02T10:14:00.004-04:00

Right now, as of 10:30 a.m., Friday, May 2, 2008, the only two candidates in the State Attorney race are Republicans Jay Plotkin and Angela Corey.

The deadline for qualifying is 12:00 p.m. If these two candidates remain the only two running, then the August 26 primary election converts to a universal primary, meaning anyone can vote, be you a Democrat, Independent, etc.

However, if another non-Republican throws his or her hat in the ring, then the primary remains a primary and you must vote your party and ride out the final voting to November.

Now here's the screwy part. Someone can "qualify" as a write in candidate, which means that, without the petition signatures or paying the qualifying fee, one can actually close the August primary and have a blank line put on the November ballot.

Let me repeat that by way of example. Right now, there could be some attorney in Tallahassee handing paperwork to the Election Board filing to be a write in for November. That will close the primary. There will be two Republicans on the State Attorney ballot in August where only Republicans can vote.

Yeah, seems weird, but trust me, this is the system.

Now here's the prediction. Right now, there is someone in Tallahassee handing paperwork to the Election Board filing to be a write in for November, thereby closing the August primary to Republicans only.

Here's another prediction. Angela Corey found some patsy to do just that. She does not want Democrats choosing her fate, especially in situation where she's going mano y femano against Jay Plotkin.

This is only a prediction. It is also possible that this patsy is also qualifying as a Democrat instead of a write in. It doesn't matter. The effect is the same.

So here's the million dollar question: Why doesn't Jay switch BACK to a Democrat and make this a real race? According to the Supervisor of Elections, he has until May 4 (Sunday) to do this. Which really means he has until the end of the day.

So sit back folks and watch the Rovian tactics play out.

For the third time, this is just a prediction, but it's the sort of thing pulled straight out of Carl's book. Is it illegal? No (assuming Angela didn't actually pay this patsy or otherwise fraudulently manipulate the system). Crafty? Sure. Smelly? You betcha.

Watch the clock. Check back here later in the day. By 2:00 p.m. today, hopefully, all will be revealed.

A Media Alert From Florida's Children First

2008-05-01T13:20:00.002-04:00

Florida’s Children First says State Budget for foster care may run afoul of law and may jeopardize federal foster care payments

Fort Lauderdale----In a letter to all Florida Legislators, Andrea Moore, Executive Director of Florida’s Children First said today that “budget cuts to children’s programs will leave many children at home with abusive parents and many more in serious jeopardy of never being able to exit Florida’s foster care system in apparent violation of federal and constitutional law” and urged them to rethink the Budget Conference Report or find some alternative means of solving this crisis. She is referring to use of the Chiles Endowment and other “rainy day” funds that could be used to avoid this crisis.

In her letter Moore said that legislators may not have seen the “child welfare forest for the budget cutting trees” and that “the results of these cuts will have a very severe and negative impact on the children.” FCF Board President Howard Talenfeld added “This budget puts abused children into state custody with no realistic way out.”

Citing the over $18 million cuts in spending for services and reductions of nearly $14 million in adoption subsidies, Board Member Bob Dillinger, the elected Public Defender in the 6th Circuit said “The Budget figures we have seen do not provide a way out of the system, not through re-unification with family nor through adoption. If we do not provide adequate services for children in foster care, they will become wards of the state in some other fashion”

“This budget is the worst I’ve seen; it undermines the crucial work the Department of Children and Families could have done under Bob Butterworth’s leadership,” said Wayne Hogan, Jacksonville attorney and FCF Board member.

Other Board Members Available Upon Request. Contact Andrea Moore 954-464-6803

Florida’s Children First (FCF) is a non-profit, non-partisan organization that works every day as a united voice for the children: to prevent child abuse in the first instance; to improve the foster care system; to reunite children with their families as soon as practicable when harm does occur; and to promote adoption and permanency when in the child’s best interests. The “watchdog” group’s mission is to advance children’s legal rights consistent with their medical, educational and social needs and to achieve significant improvements in all systems affecting children’s lives, emphasizing the child welfare system. FCF achieves its goals through public policy advocacy, executive branch advocacy, training and technical assistance to lawyers and others representing children, public awareness, litigation and education.

Media Contact: / Julie Silver or Michelle Friedman at Boardroom Communications, Inc. at 954-370-8999, or jsilver@boardroompr.com or mfriedman@boardroompr.com

Wag The Dog -- The Medium Is The Massage -- The Point Is, We're Getting Media Screwed

2008-04-30T13:58:00.007-04:00

I can't put it any better than Blue Texas has over at firedoglake (see below or hit link).

Seriously, folks, this Rev. Wright distraction has gone too far and my disgust finally hit it's high (or low) point yesterday as I listened to Diane Rehm interviewing Jimmy Carter.

Right after Carter had answered a caller's question about who he likes in the presidential race (Carter, a superdelegate, was diplomatically able to side step the question), Rehm, taking her cue from Stephanopolous/Hannity, asked Carter if he thought the Wright issue had hurt Obama. Et tu, Rehm?!?!?! Then she went on for two more questions about Wright (maybe more, actually, as I turned my radio off in disgust).

Sure, I know Wright put himself back in the spotlight. And Obama had to respond. But this remains a wag the dog nightmare.

The media is perpetuating this non-story at the expense of bigger ones and now NPR/Rehm is complicit in this maddening paradox of politiking. Wright is not the candidate. Obama has said all he can say on the subject. Rattling off the opinions of a non-entity such as Wright is not saving lives, homes, bank accounts, insurance policies or fuel.

While Malkin & Co. Continue Endless Circle Jerk On Wright, Deadliest Month Of 2008 In Iraq Gets Worse
By: Blue Texan Wednesday April 30, 2008 10:30 am

Of course the Anchor Baby and company are blathering on and on about Jeremiah Wright. They desperately want to change the subject.
Wouldn't you, if your party presided over this debacle?
The killings of three U.S. soldiers in separate attacks in Baghdad pushed the American death toll for April up to 47, making it the deadliest month since September.
How are they going to message this? More of our troops getting killed means The Surge Is Working?
Dozens of fighters ambushed a U.S. patrol in Baghdad's main Shiite militia stronghold Tuesday, firing rocket-propelled grenades and machine gun bursts as the American offensive into the Sadr City neighborhood increasingly faces pockets of close urban combat.
U.S. forces struck back with 200-pound guided rockets that devastated at least three buildings in the densely packed district. The U.S. military said 28 militia members were killed. Local hospital officials also said dozens of civilians were killed or wounded.
And here is the insanity of the occupation. Americans are fighting and dying in a conflict over which sect of Islam will rule Iraq, and in the process, are killing innocent Iraqis, whose shattered family members then retaliate against Americans, thus making the endless, vicious, violent pointless cycle complete.
100-Years McCain and the GOP know they can't win on the war. They can't win on the economy. They can't win on health care. Their agenda sucks ass. And they know it.
So they're going to do exactly what they did in '04 (Faggityfaghomogays) and '06 (Brownillegalwetbackmexicans). This time it's Wrightscaryangrynegro.
It's all they've got.

A Tale Of Two Cars

2008-04-29T09:38:00.006-04:00

I wear the stereotype of Volvo liberalism proud. Between me and my wife, we’ve owned seven Volvos over the past 12 years (so we’re picky and have upgraded every opportunity we could).

Driving a Volvo was practically a prerequisite for liberal hipsters (pseudo or otherwise) living in Athens, Georgia in the early 90s. Hell, once Michael Stipe bought a Volvo for each of his family members, everyone knew what they had to do. By the time my wife and I left Athens for good in 1998, she had been driving her 240 Wagon for over three years.

The politics of the Volvo driver was solidified when Gary Trudeau gave props to the Volvo Liberal in a Doonesbury sketch twenty-three years ago. (In a 1985 Doonesbury cartoon, Duke asks Honey how she knows that a potential organ donor for him is a liberal. “They pulled him from a Volvo,” Honey says.)

When our kids came along, we touted our Volvoism like proud parents doing everything to protect the children while remaining liberally hip by putting a subtle DEM and F**K It Skates/Free Christian Hosoi sticker on the back windshield.

We didn’t care that Ford had stepped in along the way, working a complete makeover of body style and engine performance. A Volvo is still a Volvo and we kept buying well into the S series.

But, alas, the Volvo days are coming to an end. It started last year as the AC in both the S60 and V70 were failing. It continued into this year as struts started going and anti-lock brake fluid started leaking.

Now, with gas creeping towards $4.00 a gallon, with predictions that it could hit as much as $5.00 per gallon by peak summer travel season, the choice became patently obvious.

We always knew that our Volvos weren’t the best in fuel economy and that one day we would have to make a switch of sorts to something in the Japanese line. Now that time has come.

So what’s a thirty-something aging liberal to do to cut back on automobile expenses while maintaining at least a modicum of concern for the environment? It’s not like I can move much closer to my office. I already hoof it when able. Even my wife works within a mile of the house and our daughter goes to school just over the river in San Marco. So from a daily commuting point of view, we’re about completely tapped on the inner core conservation ideas.

The only solution left was to go Honda (I know, we could have gone Toyota, but we didn’t). Not hybrid, mind you. We haven’t made that leap yet (a bit out of our price range, actually). But we looked at the gas mileage comparisons on several different Honda models (The Pilot was the only model with worse gas mileage than our car) and stepped up our conservation and penny pinching efforts a notch by ridding ourselves once and for all of the V70.

So that’s one Volvo down, one to go. Once we’ve swallowed the hurt, the loss, the separation pains, we’ll look seriously at the Civic or Accord to make the transition complete.

I know I haven’t lost my liberal credentials just by switching cars. Nor has my wife. But I’m purchasing the elbow patch tweed blazer and turtleneck ensemble (with matching pipe and Noam Chomsky Reader, of course) just in case anyone later tries to question my bona fides.

Sure, we could just as easily put a Clinton or Obama sticker on the car, but we learned the hard way that overtly displaying ones left of center politics in this town (i.e., with a Kerry sticker) is apparently an invitation to the local, less than tolerant hicks to run you off the road.

Art Answers And Countersues, Kelly Still Injured -- Is The Dog The Real Victim Here?

2008-04-28T11:43:00.004-04:00

Okay, so the Duval County Clerk of Court is still having delays.

Art answered Kelly's Complaint, apparently on April 21. As someone out there predicted, he also countersued. Art's attorney is Sam Jacobson.

I've yet to see this pleading, but it's safe to say that Art denied Kelly's version of the attack as well as Kelly's injuries and countered as a victim suffering his own injuries in the form of non-skin breaking bites (or non-breaking skin bites, I always get those two confused).

It is unclear whether Art also named Kelly's dog as a co-defendant.

Kelly now has 20 days to file his own answer to the countercomplaint.

If necessary, Kelly can either third party or Fabre his dog into the case, thereby minimizing or eliminating Kelly's liability.

It is unknown whether the dog is represented by counsel or whether the dog will have its own suit, either against Kelly or Art, for some form of negligent or intentional infliction of emotional distress.

"The Library" Has Overcome A Hurdle

2008-04-28T10:36:00.003-04:00

As reported in today's Daily Record, "The Library" (quotations courtesy of the DR), obtained approval to renovate the Haydon Burns into a "mixed-use development with restaurants and retail on the street level and office space on the two upper floors." (quotations mine, as I'm quoting from the article.)

This is downright exciting for both downtown Jacksonville as well as the entire city.

The race is now on to see which gets completed first, "The Library," or the new courthouse. (Tony's money is on "The Library" despite the announcement that the courthouse is back on track for construction).

It's One Thing To Be Ignored By The Press . . . It's Another For The Campaign Manager To Get All The Love!!

2008-04-24T10:19:00.006-04:00

Wow. The Daily Record loves Scott Shine. But what about the candidate, Jay McGovern, the one who is actually challenging Ander Crenshaw for his Congressional seat and the one who is the most qualified, deserving and respected candidate for this seat?

I'm shooting from the hip on this one, so bare with me, but I'm at a loss (and downright confounded) as to why Shine, McGovern's campaign manager and former city council candidate, can get a spotlight article while the candidate can't even register a blip in the local media and is mentioned in the article as more of an afterthought.

I especially love the part in the article where "Shine said he’s been able to balance his political philosophies with the realities of running a campaign."

I'm sure Jay is thrilled to accomodate Shine's search for political zen, enlightenment and, of course, the perfect wave.

A Reminder For The April DPC Meet And Greet Tonight At Tastings

2008-04-24T06:08:00.004-04:00

Who: Democratic Professionals Council
What: Monthly Social
Where: Tastings 1515 Prudential Drive Jacksonville, FL 32207 Phone: 904-346-0605
When: TONIGHT, April 24, 2008 at 6 pm

The Jacksonville Chapter of the Democratic Professionals Council (DPC) would like to invite you to our monthly social, to be held at Tastings on the Southbank.

The DPC seeks to re-engage and strengthen Jacksonville area professionals with the Democratic Party. With the upcoming 2008 Presidential election, as well as a host of other local, state, and federal races, now is a great time to get out and network with your fellow Democrats. With that in mind, we have also extended invitations to the area candidates to join us for this event.

For those of you who aren't familiar with Tastings, it is a wine sampling bar that also boasts a great beer selection and appetizers.

Please visit http://www.democraticprofessionalscouncil.org/ for more information and sign up to receive regular event invitations and announcements.

Okay, My Tips Yesterday On Oil Conservation May Have Been Rooted In Sarcasm And Cynicism, But Try These Real, Yet Obvious, Ideas

2008-04-23T13:53:00.003-04:00

Yesterday I resorted to cynicism and sarcasm to make a point about energy conservation in the hopes that such a Swiftian/Voltarian/Wildeian approach would resonate and be realized as a level of painful truth. But to be serious for just one moment, I provide this link to a blog article about consumption and the ever increasing price of gas. I especially want to point out these oh so obvious tips from the article:

The solution lies in making choices as boring as picking up that
fluorescent light bulb. The answer is conservation.

Drive less.
Take public transit.
Walk.
If it's too far to walk, use a bike.
If it's too far to bike, and there is no public
transportation, car pool.
If you can't car pool, use a smaller, more
efficient vehicle.
If you have a long commute, move closer to work.
If you can't move closer, take a closer job.
If you can't get a different job, see if you
can telecommute.

We're all going to have to make changes whether we like it or not. This crisis is not going away any time soon, if at all

Shad Served With The Kelly Complaint On April 8

2008-04-23T08:16:00.004-04:00

Boy is the Clerk of Court slow putting things on its new fangled docketing system.

The on-line docket sheet in the Kelly v. Shad case shows Art was served on April 8, 2008, starting the 20 day clock ticking (that would be this Monday) for Art to either answer the Complaint, or file a motion to dismiss. As the discovery requests were also served with the Complaint, Art will have 45 days, 15 more than usual, to respond to the interrogatories and requests for production.

Fun stuff.

David Corn On The Pennsylvania Primary Results

2008-04-23T06:25:00.002-04:00

David Corn, D.C. Bureau Chief at Mother Jones gives us these thoughts on Clinton after her "victory" in Pennsylvania.

Pennsylvania: Clinton Is Alive and Kicking—And Threatening To Tear the Party Apart?

The Democratic contest has been a 50-50 proposition for months now--more precisely, a 51-49 percent endeavor or maybe a 52-48-percent face-off in Barack Obama's favor, according to the pledged delegate count and the popular vote. Hillary Clinton's 10-point win in the Keystone State (which apparently did not net her a significant pickup in pledged delegates) does not change this. In fact, her Pennsylvania triumph does not change the fundamentals of the race.

Obama is still on track to end the primaries with a slight edge in pledged delegates. And Clinton is still in the race, clinging tightly to her candidacy and reiterating rationales to stay in the hunt: I have more experience; I'm better prepared to be commander-in-chief; I've withstood the worst of the GOP attack machine; I've won the big states.

Bottom line: It's not over, and the contest is not likely to end anytime soon. At HRC HQ in Philadelphia on Tuesday night, Terry McAuliffe, Clinton's campaign manager, ebulliently declared, "She is taking this all the way to Denver." But many Democratic superdelegates and insiders are hardly enthusiastic about a bitterly fought campaign that trudges through the next nine primaries (which conclude in early June) and then continues, as a media-driven contest of Democrat-on-Democrat sniping, for three months until the convention in Denver at the end of August. The question is, will these Democrats be able to do anything about it?

If Clinton is committed to going the distance, she cannot be stopped. No one--not even those mighty superdelegates--can literally force her out. She cannot win the final primaries by margins large enough to erase Obama's lead in voter-determined delegates. Everyone knows that. But she can keep on challenging Obama, doing well enough--winning some contests or placing a strong second--to justify, at least to herself and her supporters, her continued presence in the race. During that time, she can hope something happens that does alter the landscape (look, evidence that Obama is indeed a secret Muslim!), and she can also lay the groundwork for a post-primaries effort to persuade superdelegates to overturn Obama's narrow victory among pledged delegates. Yet that project can only succeed with successful assaults on Obama. Her path to the nomination depends on one fuel: fierce attacks. She can win the nomination only by tearing down Obama after the voting is done and by threatening party unity.

Clinton is obviously fine with that--at this stage. But how far is she willing to go? Her shots at Obama may have helped her win in Pennsylvania. But they were not cost-free. According to the exit polls, 42 percent of the Pennsylvania Democratic voters consider Clinton untrustworthy. (Thirty percent said the same about Obama.) Sixty-seven percent said they believed she had attacked Obama unfairly. Only 49 percent said Obama had thrown low-blows. And Clinton did not redefine her standing among Democrats. Two-thirds of Pennsylvania's Democratic voters said Clinton was "in touch with people" like them. Yet two-thirds had the same assessment of Obama. Despite all the fuss about Obama's "bitter" remark, Clinton had no edge in the candidate-of-the-people category. And 51 percent of the voters said the candidate quality they consider most important was the ability to implement change. Among these voters, Obama attracted 70 percent.

With her Pennsylvania win, Clinton can raise funds--her campaign claimed millions of dollars poured in on Tuesday night--and she can proceed to Indiana and North Carolina (which hold primaries on May 6), staying alive because she insists she is alive. Remember the Monty Python "dead parrot" bit? As long as Clinton refuses to concede she cannot win, she remains a contender--or at least a force Obama and the Democratic Party must contend with. After all, the party has no official coroner who can pronounce her gone. And--no small matter--Democratic voters do keep turning out for her. In her victory speech in Philadelphia, she depicted herself as a politician who fights damn hard on the campaign trail for you and who will fight damn hard in the White House for you. Clearly, she was trying to turn what some superdelegates might perceive as an irritant or problem--her stubborn determination--into a reason why superdelegates ought to dump Obama for her.

During the Monica Lewinsky scandal--when many pundits and Clinton foes predicted Bill Clinton's demise--the Clintons learned a valuable lesson: sometimes you just have to put one foot in front of the other and keep moving ahead, paying no heed to those who say you have no choice but to quit. They had their party--most of it--behind them during those days. And now Hillary Clinton, with significant voter support, is plodding ahead, stuck with a strategy that at this point leaves her only the nuclear option of nullifying Obama's primary and caucus victories. But, she can reason, if I am not dead, then I'm still alive--and still have a chance. Politically speaking, she is somewhere between dead and alive. The undead? The next primaries may nudge her closer to one of those poles. And, once again, they may not be decisive. But as of now, amid the glow of her Pennsylvania victory, it's up to Hillary Clinton to decide at what point might rest the bitter end.

This Woman Needs Your Help -- Suggestions Welcome

2008-04-22T08:05:00.010-04:00

According to an article in this morning's Times-Union, "Mindy Belot hasn't figured out how to deal with the problem of skyrocketing gas prices."

Conversely, RADO's Jennifer McCharen (also of Bike Jax featured commuter and occassional local blog opiner fame), understands that alternative methods of commuting are better for the environment and save money.

But back to Ms. Belot. As a public service, I thought it would be best to offer up a few suggestions to assist her through this gas price crisis and to solve her "Oh, dear, what do I do?" problem.

First: Lose the kid. Give her to the grandfolks. Not only does she add weight to the car, thus causing additional drag which eats up the gas, but she probably goes through an expensive box of Cap't Crunch every morning for breakfast. Meaning, like every other kid in the country, she's probably on the fast track to morbid obesity, which of course will add even more weight to your car, thus diminishing your gas mileage that much more. It's a vicious cycle. If you can keep her out of the car, and the house, you'll save a fortune. If she has a brother or sister, or both, get rid of them too.

Second: Paint your car white. Red absorbs the hot sun and heats the car's surface and interior which in turn will require you to blow the AC on constant high as you sit in bumper to bumber traffic on I-10 during your daily commute from Lake Butler to Jacksonville. White, on the other hand, deflects the sun's rays and will keep the interior of your car at a brisk 70 degrees. Seriously, every scientific study has proven this. If possible, and even better, cover your car with mirrors.

Third: Vote for a president who is not in bed with the entire petroleum industry. Check out the candidates. Look at their resumes and bona fides. If any where you see something like "Once owned oil company," then vote for someone else. In fact, in the abundance of caution, avoid voting for any candidate who shares any party or idealogical affiliation with someone who "once owned an oil company." This fall will be the perfect time to test this money saving strategy. If you (and the country) vote correctly, you may just see gas prices start to decrease come spring.

Fourth: GET RID OF THE FRIGGIN' SUV. Seriously. This woman is sitting at the gas pump, loading up a 20 gallon gas tank in her 12 MPH SUV, and she "hasn't figured out" how to lower her expense. She lives in Lake Butler and commutes to Jacksonville every morning, probably on one of the most congested stretches of roadway in the city in an SUV. Get a Honda for Christ's sake.

Those are my tips. I hope they helped.

Ms. Belot will never beat the gas pump woes under her current circumstances if she is going to ignore the most obvious culprit (owning an SUV, not voting GOP). At what point are we supposed to start feeling bad for people who are hit hardest by this fuel increase when they continuously insist on promoting the very industry and lifestyle that is draining their bank account?

Happy Earth Day.

A Springfield PSA And Other Local FYIs And Tidbits

2008-04-21T09:59:00.005-04:00

VICIOUS DOG ATTACK IN SPRINGFIELD

An informed and concerned neighbor approaced me this morning as I was leaving my house with my daughter to inform me that a pit bull attacked a priest yesterday on the corner of 9th and Laura, right at the Episcopal Church (a short block from my home). Apparently the man was turning around the corner when the dog lunged and grabbed onto his throat. No word on the condition of the man and I couldn't find anything about the attack in the local news.

I know I've been pinned a few times by a pack of dogs, and once my kids and wife were trapped in the car until I was able to move these animals along. In all honesty, I was pretty scared crapless by these encounters.

So, while stray dogs in Springfield are as ubiquitous as the beer bottles in the vacant lot next to my house, this post is in part an alert to be on the watch for what was described as a dark, spotted pit bull (yes, it got away). I have a message out to someone at SACARC to follow up on this and to find out the best course of action one should take to report wayward and potentially violent dogs (i.e., the city, 911, SACARC, etc. ). Honestly, I've never asked before, and I always thought I'd feel pretty silly reporting wild dogs to the city when my cynicism tells me it would all be for naught.

HARDEN RELEASES CLIENT LIST/HARMS FILES MOTION FOR JOINDER AND MOTION TO TRANSFER IN BROWN LITIGATION

You can find all you need to know on this at JaxOutLoud, including a link to the actual list of Harden's clients and Harms' motions filed in response to Brown's attempt to open up the Group 2 At-Large race to additional candidates. As usual, the buzz is brewing at JOL over these developments.

ACCORDING TO MY DAUGHTER, EARTH DAY AT THE LANDING WAS QUITE THE SUCCESS

Okay, sure, she had a blast running around the fountain getting her dress and Vans soaked, but she was a bit bummed that she didn't get to see the Berenstein Bears. However, she did get to touch a snake, paint a rock, draw pictures on a paper bag and learn a bit more about environmental causes, unitarian beliefs and civil liberties.

All in all, from my passive viewer perspective, the event was a success. From all accounts, it was well attended and 1460 wins the award for getting the most people to unwittingly promote its existence by randomly handing out the round blue stickers for all to paste on their bodies. While I'm not a fan of down your throat talk radio, even of the progressive kind, I slapped the sticker onto the stroller nonetheless.

The only frustration over the event was the hourglass set up where all the booths were squeezed into the east side enterance, making it a bit difficult to adequately check out all the participants.

NO SERVICE

Art Shad still has not been served with the civil complaint. I really need to look into this. Seriously, this guy cannot be that difficult to find.

SHANTYTOWN TRIVIA

We could always use one more consistent team. Tuesday nights at 8:00 p.m. There's a $20.00 bar tab to the victors each week.

Despite What You Haven't Read In The Times-Union Lately, There Actually Is A Candidate Opposing Crenshaw

2008-04-18T13:19:00.004-04:00

Few things shock me these days.

Call me cynical, seasoned, cold, insensitive, whatever. Sure, some of those labels fit at times, depending on my mood, the weather, or the score of a UGA football game.

But on occassion I can still be shocked, surprised and outright knocked on my rear (Oh my gawd, who watched Survivor last night?!?!? Ozzy, you moron, what were you thinking?!?!?! Now THAT was shocking!) Sorry, but I had to make a point.

As much as I don't get shocked over things that happen or occur, I get even less shocked by things that don't happen or don't occur. And conversely, when the unexpected of all unexpected occurs (poor Ozzy), yes, I may be taken aback and forced to eat crow, or the worm at the bottom of a tequila bottle, depending on the idiot wager I made that night.

So to bring this around to a point -- should I or shouldn't I be surprised that I've seen nary a word in the Times-Union making any mention of Jay McGovern's candidacy against Ander Crenshaw for his congressional seat, even though Jay circulated his press release and had his kick off event at Casa Marina ten days ago?

In this case, I'm not surprised, despite the confirmation from headquarters that, yes, the T-U has been made aware of Jay's campaign and, yes, the T-U has been invited, and even attended, a Jay function.

Oddly, and existentially, I would be surprised if I were surprised at the T-U for failing to print Jay's name in the context of his campaign as that would presume that the T-U in fact has any depth, soul, raison d'etre, dasein-like angst or some other metaphysical purpose other than to solely serve the favors and opinions of its editors, all of whom take the extreme right of center, Faux Newsish approach to journalism.

Now that's not to say that the T-U won't eventially get around to tossing Jay's name in an artical somewhere or sometime, perhaps come June or July when campaigns really kick into high gear, but I've got a tasty, tequila soaked worm in my kitchen that says if someone from the GOP had announced a campaign to unseat Corrine Brown, that story would have made the front page so fast and hard that we would have forgotten that we were still at war.

To be fair to the T-U, I haven't seen anything in Folio either.

**Colony Jax is in no way affiliated with the Jay McGovern campaign (I don't even live in his district) and the opinions expressed here are solely mine and in no way meant to reflect those of Jay McGovern or anyone else affiliated with his campaign. I'm sure there's some other disclaimer language I could use, but I can't think of any more right now.

Harden Sues To Get Another Republican On Group 2 At-Large Ballot (What's Wrong With Theresa?)

2008-04-17T14:57:00.010-04:00

Jimmy Midyette over at JaxOutLoud has just linked a suit filed by Richard Brown seeking declaratory relief to get Brown on the ballot with Bob Harms and Theresa Graham to fill Jabour's recently vacated Group 2 at-large seat on the City Council. Paul Harden is Brown's counsel of record on this case.

The Complaint speaks for itself and so requires no real analysis. Basically, Harden is saying that Jabour resigned before the 1st DCA's order upholding Nachman's ruling become effective, and Nachman stayed his own order until the appeals process had been exhausted, thus creating a window for Jabour to resign instead of having his election actually nullified.

Therefore, pursuant to Jacksonville City Ordinance, a vacancy must be declared. This was duly done by the City Council. However, Brown's complaint is that the Resolution announcing this vacancy improperly limited the election to only Harms and Graham, thereby excluding any other candidate (i.e., GOP approved candidate, which Graham clearly doesn't qualify as) from running.

In an abundance of caution, Harden also pleads that removal from office for any reason authorized by law is also by definition a vacancy that requires the seat to be filled in accordance with City Charter and Ordinance.

Okay. You've got the background. However, what's really offensive is in Harden's cover letter to Rick Mullaney (The City Council are the named defendants), he asks that service be accepted (no issue there) and that Rick file a responsive pleading as quickly as possible so Harden can get in his summary judgment motion to beat the June 16, 2008 qualifying date.

In other words, Harden is basically saying, "Rick, let's get this party started so I can kick your butt quickly because I'm going to win anyway and my boy Brown needs all the time he can to get on the ballot and raise his money so Peyton can have a yes man back on the City Council."

Or something like that.

This issue is picking up at JaxOutLoud so keep checking there to stay abreast of how this plays out.

Looks Like Last Night Was The Wrong Night To Stop Sniffing Glue

2008-04-16T20:42:00.009-04:00

I had every intention of taking notes during last night's debate so I could make sure I didn't forget any of the poignant points, the profound pronouncements or the passionate pitches from the candidates as they each begged for my vote and described how they were going to turn this country around.

I didn't get very far. For the first 40 minutes I sat numb, dumbfounded, confused, and eventually distraught. My fingers could barely move. I couldn’t blink. I drooled down my shirt and lost all bladder control. My dinner was making it's way out of my stomach and into my throat. The dog had long since disappeared.

But as best I could I wrestled through, and could get down only the following:

Obama stays above the fray. Otherwise, this "debate" goes down in history as one of the most pathetic examples of idiot journalism and punditry.

George, Charlie and Hillary can't get enough in of irrelevant, nonsubstantive issues such as wearing a flag pin, disowning statements of a preacher or actions of a neighbor.

Each salvo of issue distracting crap slung at Obama was slapped back with consisent reminders that such questions were senseless, obtuse, and even below the likes of the New York Post or Wall Street Journal Editorial page.

I eventually had to stop watching, or at least paying attention, and focused all my remaining faculties on trying to redesign this site and taking the recycling out.

Then I realized that I hadn’t blinked in over an hour. I noticed a strange smell coming up from the couch cushions. My nose was bleeding. For some reason my socks were wet. We still couldn't find the dog anywhere.

Finally, after the paralyzing shock had subsided and my cat stopped eating my regurgitated dinner off the floor, my wife and I embraced, holding each other as we both trembled in fear that what we just witnessed was actually real and not some horrific nightmare. We begged for a nightmare, any other alternate reality, even one where Bill O'Reilly becomes the Minister of Information, Sean Hannity, the Director of Mind Control, and Hillary Clinton the Master Propagandizer and Purveyor of Irrelevancy.

No, what we experienced by watching the debate was worse. The debate was real. Yes, George Stephanopolous really did ask Obama if Reverend Wright loved America more than him.

This morning I had every intention of finalizing my opinions of the debate. But after reading the dozens of other blistering critiques describing the event as "embarrasing," "a new low," "idiot," "miserable," "shameful," and, well, you get it, I decided that it was best to just let this one go.

McCain Bio -- A Must Read From Dikipedia

2008-04-16T15:32:00.005-04:00

John McCain
From Dickipedia - A Wiki of Dicks

John Sidney McCain III (born August 29, 1936) is the senior United States Senator from Arizona, the presumptive Republican Party nominee in the 2008 presidential election, an angry old man, and a dick.

In the Republican Party, there are two kinds of dicks: those that support the Iraq War but were too cowardly to fight in a war when they had the chance, and, much less common, those that support the Iraq War and did fight in other wars when they had the chance. McCain is the latter kind of dick.

During the Vietnam War, McCain became a naval aviator. In a bombing mission over North Vietnam in 1967, he was shot down and badly injured. He endured five and a half years as a prisoner of war, including periods of torture, before he was released following the Paris Peace Accords in 1973. This raises the question: can one be a hero while at the same time being a dick. The answer, as McCain has shown, is: yes.

For the whole piece, go to
http://dickipedia.org/dick.php?title=John_McCain.

While Attorneys May Be A Despised Group, They Do Serve A Very Necessary Function

2008-04-16T11:23:00.008-04:00

Two months ago, Metro Jacksonville posted a detailed (albeit one sided) account of the love-hate-love-hate-love (hate) relationship Springfielders, generally, and 9th & Main entrepreneurs, specifically, have and have had with Craig Van Horn (three guesses as to the author of this piece, and the first two don't count).

Ten days before this piece was posted, suit was filed, pro se, in Duval County Circuit Court against Van Horn, Barry Owens and 9th & Main, LLC by William Stephen Griffin (Dare) and Boomtown Theatre and Cafe, Inc., alleging Default on Lease, Conversion, and Tortious Interference. A summary reading of the MetroJax piece will provide the background (and then some) of these allegations.

Service was "perfected" on these defendants on March 12, 2008, starting the 20 day clock ticking in which to answer. On the eve of the twentieth day, the defendants filed a motion to dismiss, raising five points of law against the original Complaint.

Keep in mind as I rattle off these five points that the Complaint was drafted and filed pro se, meaning by the litigant plaintiff himself, and not an attorney.

First, a corporation cannot be represented by a non-attorney. Thus, Boomtown is an unrepresented party unable to maintain its cause of action.

Second, insufficient service of process on all defendants. Apparently the process server went to the 9th & Main offices and served an individual not statutorily allowed to accept service on behalf of the corporation and individual defendants. Thus, even though Van Horn and Owens are holding the suit papers and are obviously well aware of the litigation, they claim a due process violation for not being properly served.

Third, fourth and fifth can all be lumped together. Defendants moved to dismiss all three counts based upon plaintiffs' failure to state a cause of action. Specifically, each count either required a contract to be attached, or at least that a contractual relationship be alleged. And even though the Complaint references attachments, none were actually provided.

By now you're probably wondering what the point of this post is about. I'm getting to that.

After reading the MetroJax piece in its entirety several times, I grew steamed at the damage Van Horn (and Hionides) have inflicted, and continue to inflict, on Springfield. So I welcomed the lawsuit, if for no other reason than it would hopefully clear up the 9th & Main mess and give Springfield, once and for all, an established, unique, solid and reliable food and entertainment venue.

Now that I've read the Complaint and subsequent motion to dismiss (which will most likely be granted without prejudice, i.e., with leave to refile), I'm just as steamed at Griffin/Dare for trying to go solo on this litigation without the benefit of counsel.

Access to the courts, while a constitutional right, is not a license to air personal grievences through litigation. I do not question whether Griffin/Dare has a basis for the suit and that the litigation has merit, but he seemed to choke on ego, anger and bitterness in an attempt to save a dime (note -- raising the font size of a particular allegation in a Complaint will NOT make the allegation any more factual and certainly will NOT make the trier of fact -- judge or jury-- believe you even more). The irony here is that any further careless pleadings could find Griffin/Dare facing a motion for fees and costs (or at least costs) filed against him by Van Horn.

The practice of law is a learned skill requiring years of study, tens of thousands of dollars in student loans and hours upon hours studying for a two day exam.

I wouldn't ask my wife to cook dinner if I really wanted to eat a decent meal (crap, I'm going to get it for that) nor would she simply hand me a text book and have me go teach her class. Similarly, Griffin/Dare should not have drafted and filed his own Complaint if he really wanted civil justice against Van Horn.

I imagine there are a number of Springfielders who support what Griffin/Dare is trying to do, but if it's going to be done, it has to be done right. There are at least thirty attorneys living in Springfield alone. There are thousands more throughout the city. Pick one, strike some sort of pay arrangement, and get something filed that won't get kicked at the initial pleading stage.

Jacksonville Needs A State Attorney Who Will Prosecute, As In, To Initiate Criminal Court Action Against Offenders Of The Law

2008-04-15T14:10:00.006-04:00

The Times-Union wrote about it. The Folio (Flog) blogged about it. JaxOutLoud has had some forum postings about it, and I’ve chatted briefly with some folks about it.

I am of course talking about the meeting last week of the Jacksonville Ethics Commission and certain lobbyists’ refusal to abide by the new client reporting requirements.

After reading what I could read and talking to who I could talk to, I find there to be three issues at play.

First, attorney and lobbyist Paul Harden has stated he has no intention of revealing his client list, despite the new law that went into effect in January requiring such disclosure. Fine. See yesterday’s post about McCain, Fox, Starbucks, and of course GW blatantly ignoring laws as if such petty words were reserved for the vermin class and not the landed gentry. No surprise. No story. Congratulations, Harden, your arrogance and contempt for the law has earned you a spot in Bush's administration.

The second issue is the “penalty” for violating this law. Someone like Harden could face a $25.00 fine and ten days in jail for each offense. Ethics Officer Carla Miller conceded on JaxOutLoud that the “penalty” is (for lack of a better way of putting it) meaningless and explained that this lobbying law has been on the books for twenty years and that a proposal for change is coming.

Done snickering? Good. Let’s move on.

The third issue, and the one I find the most offensive, is that Lame Duck State Attorney Harry Shorstein went on record stating that any offenses committed under the ethics law would get low priority in this office.

That’s right. Yet again, we’ve got a situation where, despite possible findings of fault and guilt, the state attorney intends to turn his back on these violations, letting the offenders walk away free and clear of any real penalty. Bygones will be bygones. No harm blah blah blah.

Think of the mockery made of the legal system following the recent Sunshine Law violations. Or the perks ethics violations that went unpunished. Or the no-bid contract offenses that did nothing but make Peyton cohorts much richer. Harry couldn’t be bothered then, either.

It’s like ex post facto in reverse. Instead of passing a law that retroactively makes someone’s actions illegal (in violation of Article 1, Section 9 of the U.S. Constitution), Harry has decided to simply preempt the peskiness of a prosecution by offering advance amnesty to anyone who breaks an existing law. Simple. Nothing unconstitutional about that. It’s just backroom cronyism business as usual.

Which brings me to a whacked out idea that one attorney friend has already balked at.

Since Jay Plotkin does not stand much of a chance beating GOP entrenched good ole gal Angela Corey under the current circumstances in this year’s race for State Attorney, he needs to switch gears (and parties while he’s at it) and run on a platform of weeding out city corruption.

He needs to bow away from the spinelessness of his boss and make a promise to the voting tax payers of this city that he will not stand by while government officials, whether elected or not, spit on the laws written to prevent corruption. He needs to promise prosecution against those possessed by avarice and stick by this promise until the Boss Tweed/Tammany Hall reputation of Jacksonville government is removed. Corey won’t do it. She needs these very people to get her elected.

I think Plotkin would be surprised at the overwhelming support he’d get for taking such a stand.

Okay, People, Take Three, Let's Get This Right. That Includes You Mr. NYT.

2008-04-14T09:43:00.003-04:00

So when Obama goes bowling, it’s news. When Clinton distorts the truth about the events of a trip she took to Bosnia, it’s news. Obama orders orange juice instead of coffee? News. Clinton makes over $100 million since 2000? Yeah, news.

And I mean news, ad nauseum. Turn on the T.V., pick up a paper, turn on your computer. It’s all there. Sound bite journalism for the mindless sensationalist. Does any of the above have substance? Who cares? Does it have any relevance to a candidates’ ability to lead this country? Since when does that matter?

Now what about McCain? What can the media stick on him?

Okay, take one.

The DNC files a complaint with the Federal Elections Commission alleging that McCain intends to illegally opt out of his matching funds commitment, thereby breaking a federal law that McCain himself co-wrote with Russ Feingold.

Anyone?

Cut.

C'mon, feel it. Get in character. Be the news.

Okay, take two.

One month later, after McCain has officially surpassed his spending limit per the federal matching fund guidelines, and thereby has now actually committed a federal offense, another complaint is filed by Ms. Jane “firedoglake” Hamsher to the FEC against McCain.

Anything? Anyone?

Cut.

Alright you guys, you're not getting it. This is serious stuff. Breathe deep, exhale, find your focus, feel the part. Let's not let this flop again. Don't forget people, we've got a presidential candidate with complaints filed against him for violating a federal law that he wrote.

Okay. Got it? Third time’s a charm.

Aaaaaannnnnd, ACTION.

Today, the DNC is filing suit in the D.C. District Court to force an investigation into McCain’s unilateral withdrawal from federal campaign funding based upon the latter two complaints. At issue in the suit is that the FEC lacks the requisite quorum to hear the complaints, and thus the evidence of this matter should be resolved in the court. Thus, if the FEC is unable to act, then the DNC is asking that the court allow it to sue McCain directly for violating federal campaing laws.

And we're rolling, stay in character. Last shot. Let's get it right this time.

But seriously, and without the frustrating director metaphor, the question is, how will this get covered in the media? Admittedly, the blogging piece on the Washington Post is an oft cited source for this story in the blogosphere. But how will other mainstream media outlets play this one to the voting crowd of America? Sure, this story is appearing on other news blogs, but where is it playing on the front page? Where is it leading on the nightly news? Why haven't I heard everyone in my firm buzzing about this in the kitchen just two doors down from my office?

I suspect breaking ,or even the allegation of breaking, federal law does not compare to a prostitute scandal, or an overzealous preacher, or a statement about Americans’ feelings towards its government. Thus, yet again, the media won’t go too far on this story. Nothing.

McCain will get another pass.

Of course, as an aside, no one should be surprised at McCain’s disdain for federal law. His party and the current administration have ignored law after law for years. And with these politicians cruising down the hallowed roads inside the D.C. Beltway, ignoring and outright breaking laws with impunity, is it any wonder that companies such as Fox and Starbucks are now similarly giving the middle finger to the FCC and a California Superior Court by refusing to pay on fines and damages awarded against them? Of course not.

Republicans Aren't The Only People Who Know How To Violate Americans' Constitutional Rights

2008-04-11T09:03:00.005-04:00

I have recently been accused of taking the hypocritical position of only attacking right of center people and issues while letting the left of center people skate.

Well, to dispel this myth of 100% partisanship, I share the below piece, which calls for the resignation of a Democrat Illinois State representative.

I refuse to take party sides on speech issues, especially when religious free thought is at stake. Religious dogma and extremism is dangerous, regardless of whose mouth it comes out of.

When a person, especially a politician, regardless of party affiliation, refuses to recognize the First Amendment, and indeed outright violates it, then that person has no business holding an elected post.

I support the call for Rep. Monique Davis’ resignation.

Council for Secular Humanism Deplores Intemperate Comments from Rep. Monique Davis; calls for Davis to resign
(Amherst, New York)--Rep. Monique Davis, a Chicago Democrat and member of the Illinois legislature, stepped egregiously over the line when she verbally attacked atheist activist Rob Sherman for his religious unbelief during his testimony April 2nd to the House State Government Administration Committee, says the Council for Secular Humanism.
Sherman had been testifying before the committee that Illinois Governor Rod Blagojevich’s plan to donate one million tax dollars to Pilgrim Baptist Church in Chicago was unconstitutional when Davis launched into a diatribe against atheists, asserting that atheists did not have a right to present testimony to the legislature.
Challenging Sherman, Davis wondered aloud, “I don’t know what you have against God….some of us don’t have much against him. We look forward to him and his blessings.” Affirming that the people of Illinois believe that there is a God, Davis went on to suggest that the philosophy Sherman was spreading was “extremely dangerous.” “It’s dangerous to the progression of this state. And it’s dangerous for our children to even know that your philosophy exists,” shouted Davis.
After Sherman thanked Davis for sharing her perspective with him, Davis shot back, “Get out of that seat …You have no right to be here! We believe in something. You believe in destroying! You believe in destroying what this state was built upon.”
The Council for Secular Humanism is appalled by Davis’s apparent belief that atheists and other nonreligious individuals are not entitled to the same rights and liberties as other citizens.
Ronald A. Lindsay, director of the Council for Secular Humanism’s First Amendment Task Force, is calling for Davis to resign. “In informing Sherman that he had ‘no right’ to be there merely because he was an atheist, Davis confirmed that she is not willing to be a representative of all her constituents, regardless of their religious beliefs,” said Lindsay.“She is unfit to serve in her office, just as a representative who told a Jew or a Hindu to ‘get out of that seat’ would be unfit to serve. If she does not resign, the Illinois House has an obligation to expel her,” continued Lindsay.
Sherman, after being told repeatedly by Davis to get out of his seat because he was an atheist commented that he felt like Rosa Parks, “who also was told, get out of that seat and arrested when she didn't give up her seat on the bus to a white person.”

The DPC To Host Its April Meet And Greet With Local Candidates

2008-04-10T19:17:00.007-04:00

Come one, come all to the Duval County Democratic Professionals Council's April Meet and Greet this month on the 24th at Tastings (right next to The Chart House) at 6:00.

We will be inviting local candidates running this year in various races.

This is a great opportunity to get connected and engaged with local Democrats and community leaders.

All are invited and for those certain to come, please email an RSVP to colony_jax@yahoo.com. Or go to the DPC website to sign up. The more the merrier.

We look forward to seeing you there.

Sex, Money And The Judicial Races -- A Summary More Than An Expose (Sorry)

2008-04-10T08:51:00.009-04:00

The first quarter of 2008 ended March 31 and the latest campaign financial reporting is just making its way in. Today is the deadline for filing.

As anyone who is anyone knows by now, there are presently only two competative judicial contests for open seats in the Fourth Circuit. There are two uncontested open seats, one in Group 4 (Jim Daniel) and the other in Group 19 (Jeff Morrow). The remaining seats will most likely go to the incumbent as no challenger has filed in these Groups.

Adrian Soud is running against Mark Hulsey III in Group 11 while Rick Buttner is hoping to deny Virginia Norton a seat in Group 28.

As of this morning, only Norton, Hulsey and Daniel have submitted their campaign finance activity.

Norton raised $57,245.23 between January 1 and March 31, 2008 (in case you're wondering, I was the one who donated the .23 cents), lifting her coffers to $108,756.06 since October of last year. Include in this, however, the $40,000.00 loan Norton made to her campaign last year. So far, Norton has only spent $7,000.00.

As of the end of 2007, Norton's competition, Rick Buttner, had $43,500.00 in his account, $10,000.00 of which was his own loan. I'm curious to see Rick's latest numbers as he's going to have to come up with some serious cash to remain competative. Remember, Norton raised $286,000.00 to Dawn Hudson's $421,000.00 two years ago in her failed attempt to win a county court seat.

Not to be completely out done, Hulsey raised $37,350.00 from late January, when he entered the race, to the end of March. Soud, who has yet to report, currently has $63,100.00, $50,000.00 of which was a loan to the campaign. It's looking like Hulsey will either have to ramp up his fundraising or dip into his own personal account to make a loan comparable to Soud's (or both).

Back to the uncontested candidates -- Morrow and Daniel. There's nothing to report on the Morrow front as he only entered the race this year and has not yet submitted his finance activity report.

Daniel, on the other hand, has a strong monetary lead over all other candidates at this point (despite the fact that, again, HE'S RUNNING UNOPPOSED) with a whopping $162,075.00. Now, sure, $100,000.00 is a loan (equalling all other loans in these races combined). But in 2008 alone he reported $45,175.00 in contributions.

I remain at odds over Jim's strategy of pre-pricing any competition out of the race in Clay County. I've said before, he's highly qualified and respected. But I can't shake the "buying the race" appearance. Clay County deserves to choose who the best judicial candidate is, not to have the one with the most money forced upon them.

After taking an informal poll of other attorneys on this issue, most of whom didn't really see a problem with preempting a challenger, I've come to the conclusion that I'm probably stewing over nothing.

So that's the judicial race update. More to come after all the numbers are in.

Also to come will be a spotlight on the State races. We have a few Democrats who just threw their proverbial hats in the congressional ring in District 17 (Regina Young) and District 19 (Larry Jones).

There are now Democrats in every state representative race that touches on the Duval County area except for Districts 13 and 16, both of which are currently held by Republican incumbents.

Kelly v. Shad, Day 12, And Still No Service Of Process

2008-04-09T11:42:00.004-04:00

It’s now been twelve days since Tim Kelly filed suit against City Councilman Art Shad and, according to the Duval County Clerk’s office, Shad has yet to be served the summons, complaint and proposed discovery.

Normally, this would not be so unusual as it is often difficult to locate a defendant or catch him or her so that service can be perfected. This is why the Florida Rules of Civil Procedure provides 120 days from the date the complaint is filed to serve a defendant.

But here, we’re talking about a public figure and a suit that was in the papers and on the news a few days after it was filed.

It is not uncommon for a party (especially a public figure) to consent to service to avoid the embarrassment of having a sheriff show up on your front steps handing you suit papers while your neighbors are watching behind curtains and hedgerows (as if having your name splashed all over the news for decking some innocent guy or admitting to a drug dependency isn’t embarrassing enough).

So why the delay in service? One theory I have is that Kelly was merely firing a shot across the proverbial bow by filing suit to get Art to take settlement negotiations seriously, but that he otherwise has no intention in engaging in time consuming litigation.

If this is the case, and I hope it's not, then I think Kelly is wasting his time. Afterall, Shad was quoted as saying that Kelly’s claim is only about money. Clearly Shad refuses to dignify any negotiations with a reasonable offer to settle.

A lawsuit with full blown discovery and depositions may be the only thing that Shad will take serious as he'll be required to answer questions, under oath, that would not bode well for his standing within the (obviously ignorant and blind) community.

Is Shad truly unwilling to accept the consequences of his violent actions by refusing to compensate a man whose lip he split open (which, by the way, I think elevates the crime to a felony assault)? Apparently, yes. If his wife has to take him to court to get child support and alimony, then it should come as no surprise that he would duck civil liability here.

Are Americans Really More Interested In A Bowling Presidential Candidate Than They Are About The Loss Of Civil Liberties?

2008-04-08T12:09:00.006-04:00

I read the below piece on Daily Kos three days ago and have been meaning to re-print it here. I ask, in the spirit of the chicken/egg dilemma, which came first, the media dumming down the news because Americans are too stupid to understand anything with depth and importance, or are Americans made stupid because the media is too lazy and money driven to report anything with substance?

In the past two weeks, the following events transpired:
A Department of Justice memo, authored by John Yoo, was released which authorized torture and presidential lawbreaking;
It was revealed that the Bush administration declared the Fourth Amendment of the Bill of Rights to be inapplicable to "domestic military operations" within the U.S.;
The U.S. Attorney General appears to have fabricated a key event leading to the 9/11 attacks and made patently false statements about surveillance laws and related lawsuits;
Barack Obama went bowling in Pennsylvania and had a low score.

Here are the number of times, according to NEXIS, that various topics have been mentioned in the media over the past thirty days:

"Yoo and torture" - 102
"Mukasey and 9/11" -- 73
"Yoo and Fourth Amendment" -- 16
"Obama and bowling" -- 1,043
"Obama and Wright" -- More than 3,000 (too many to be counted)
"Obama and patriotism" - 1,607
"Clinton and Lewinsky" -- 1,079

More stories about a decade-old scandal and a presidential candidate's night at the bowling alley than about the White House declaring the Fourth Amendment null and void. Yup, that's about right.

Does The Media Have A Taste For Prositution Scandals When The John Is Republican?

2008-04-07T11:17:00.002-04:00

Eliot Spitzer. Democrat. Former New York Governor. Forced to resign due to blah, blah, blah.

Thank god this media favorite, public distracting story has died down. Sure, for two straight weeks, we just couldn't get enough. Clearly this country, in the midst of a war, presidential election, failing economy, dying housing market, etc., just couldn't get enough of sex scandals, especially when it involved a politician.

Right?

Anyone?

Right?

Well, maybe not so much. If it's a sitting New York governor, then, yeah, news of an admitted association with prostitution will fill enough newspapers to cover the earth ten times over.

But if it's just a no name U.S. Senator from Louisiana (or a State Department official) then there's nothing to see, nothing to read, nothing to print, everyone just needs to keep moving along.

Will such coverage change given the upcoming trial of Deborah Jean Palfrey (a.k.a., D.C. Madam)? Sure, the media has pretty much ignored this case and the fact that Louisiana Republican Senator David Vitter was implicated in the "D.C. Madam" prostitution ring as was Randall Tobias, former director of U.S. Foreign Assistance and administrator of the U.S. Agency for International Development who has since resigne. Vitter's phone number was found amongst Palfrey's client list. Vitter, in reference to this indiscretion, admitted that he had committed a very serious sin.

But, wait, Vitter's still a sitting senator. He admitted to committing a sin. Why no investigation there? Why no resignation? He's legislating full on, taking his cue from Idahoian Larry Craig who, despite his guilty plea to soliciting sex in a men's bathroom, has refused to step down.

Anyway, I'm really digressing. The whole point of this post is to draw attention to an article on law.com about the pending trial of the D.C. Madam and the surprising fact that it mentions Vitter.

In the wake of (and compared to the) Spitzer fireworks and media blitz into this earth-shattering story, I'm curious to see if the media will pay any attention to Vitter's part in this trial as an alleged customer and reluctant witness and whether any admission on his part of illegal wrongdoing will garner the same pundit-driven, media outcry for his head (no, the other one).

My prediction is we won't hear a peep.

Vitter will get a pass. And who says the media doesn't have it's own favorites on the right?

Support Jay McGovern In His Run To Unseat Ander Crenshaw

2008-04-07T09:25:00.004-04:00

Local businessman Jay McGovern is running in the Fourth Congressional District trying to unseat incumbent Republican Ander Crenshaw.

Check out his updated site at www.jay4congress.com/ for further information.

There will be a kick-off event tomorrow night starting at 7:00 p.m. at Casa Marina Hotel in Jacksonville Beach.

Rarely is the question asked: Is our children learning?

2008-04-07T08:17:00.004-04:00

The email and attachment below came in from a friend. I find it a bit appropriate that education budget cuts and other educational failures (and, therefore subsequent illiteracy) are always associated with the GOP. Perhaps we should keep them all as far away from our children as possible. By the way, the prospect of Jeb Bush having anything to do with education in this country (or any other part of a federal administration) is enough to make me want to send my kids to school in Canada.

Looks like Jebber's education policy didn't work so well in Florida after all- or at least one former child at the TU got left behind.- see headline on attachment. Almost as good as the TU spelling it Payton.

When A Gun Discharges, There Is Nothing Accidental About It

2008-04-04T15:19:00.010-04:00

13-Year-Old Dies After Accidental Shooting
Investigators Believe Shooting Was Accidental

This headline on news4jax.com could not be more misleading.

Read carefully:

WHEN A FIREARM DISCHARGES, IT IS NEVER AN ACCIDENT.

It is not an accident when a two year old boy in Birmingham, AL, crawls into his father's pick-up truck, finds a loaded Glock 9mm tucked between the seats, points it at his face and pulls the trigger.

It is not an accident when a 45 year old man in Juno, Alaska dies from a bullet passing into his thigh, through his groin, and out his back when his five-cylinder revolver falls to the floor causing the gun to drop fire.

It is not an accident when an 18 year old boy in Philadelphia, PA, kills his sister after pulling the trigger on a semiautomatic gun (another Glock) after removing the magazine, but without popping the bullet out of the chamber.

Here's the thing about guns like Glocks: It is impossible for them to fire without the trigger being pulled. Glocks, while void of a manual safety, have three passive safeties to prevent inadvertent discharges, one of them being a trigger safety. Meaning a finger has to be on the trigger for it to go off. So if the finger is on the trigger, THEN ITS DISCHARGE CANNOT BE AN ACCIDENT.

Revolvers and other semi-automatics also cannot go off "accidentally," assuming even common sense precaution is taken. When these guns go off, either, again, the finger was on the trigger, there was a bullet improperly sitting in a cylinder in front of the hammer just waiting for a slap, snap or drop fire to occur, or the gun's safety was not engaged.

Now I know this may sound like I'm writing for an NRA handbook, and that I'm singing the "guns don't kill people" song, but the fact of the matter is, I'm about as anti-gun as anyone can be. However, I've represented dozens of gun manufacturers and distributors in my not-so-glorious legal past and I got to learn a thing or two about firearms. Namely, in almost every single case I defended, the gun functioned EXACTLY as it was intended to and the primary liability fell on the person in or near possession of the gun when it went off.

Yes, guns suck.

I wish the Second Amendment had never been written into the Bill of Rights, at least not the way it was. Guns should mostly be banned. But they're not and never will be. They will always be as ubiquitous as a bible at a Klan rally. However, no gun death or injury should ever be labeled an "accident." They're either a result of an intentional act or one's stupidity and ignorance. And don't even get me started on the irresponsible parents who leave firearms in places where children have access to them.

The media, and indeed the police, must make this clear to the public instead of poo-pooing these tragedies by mislabeling them as being accidents, which implies that they were unavoidable.

You Bike, I'll Admire, As Long As We're All Doing Our Part

2008-04-03T21:29:00.018-04:00

I've got a bike
You can ride it if you like
It's got a basket
A bell that rings
And things to make it look good
I'd give it to you if I could
But I borrowed it

--Syd Barrett (Pink Floyd)

Actually, I don't own a bike. In fact, I don't think I've ridden a bike more than a hundred yards since I used to bicycle to Holiday Hill Elementary School growing up in Grove Park.

Seriously. In college and law school I usually walked to class or took public transportation. In the Big Apple I commuted no differently than any of the other eight million residents. I'm pedestrian by nature, but unfortunately now have become caught up in the harsh reality of driving. I blame a lot of that on living in Jacksonville (the largest city in the country).

I also admit that I don't think it would be the best idea to put my daughter on the back of a bike to get her to school in San Marco every morning. However, I've been fortunate enough to walk to work most of these past two weeks due to the Spring Break schedule.

But that's not to say I don't admire the bicycle culture, the environmental ideal, the spirit of individual energy bicycling brings. Which is why I want to give kudos to Bike Jax and all that is being written, lived and experienced by those who promote and shout out to the world the life of two wheel (and two-legged) transportation.

I just read with admiration the profile on Bike Jax of Jennifer McCharen. And I'll look forward to reading about the others who couldn't imagine any other method of commuting (this includes you Casey "Mark Condon" Welch).

But as I read about Jennifer and her jaunts around Brooklyn and Manhattan, I couldn't help being reminded of two (of the countless) stories of people who have lost their lives around this world fulfilling their pleasures and enjoyment getting from point A to B on their bike.

On June 9, 2005, Elizabeth Padilla was riding through Park Slope, on her way to work at the Brooklyn Bar Association, when she was struck and killed by a delivery truck. My wife and I had the pleasure of meeting her once and I remember when our friend told of us her passing, my wife tearing up immediately over the senselessness of this death. My friend, along with others, have since founded a memorial to Elizabeth to celebrate her life by sponsoring runs and bike rides through Brooklyn each year.

Just over two years later, Sam Hindy, son of one of the founders of Brooklyn Brewery, died while riding his bike over the Manhattan Bridge. I read about this on the New York Times website the next morning and couldn't help the feeling yet again of the senseless loss over this tragedy.

I immediately wrote to an old college friend and begged him to be careful, knowing that he had just traded the subway for the bike as he travelled each day to work from Carroll Gardens to Manhattan. I was scared for him, I'll admit.

All of this to say that I can't help but encourage, over and over, those who choose alternative modes of transportation to get on and around with their lives. But as I have absolutely no faith in drivers, I can't bring myself to join the two-wheeled generation. On foot I feel in control, as naive as that sounds. On a bike, I'm terrified.

My best hope is that education and proper city planning and development will encourage and command the symbiosis that is the undeniable varied methods of transportation on this planet. The automobilephile must look after the motorcyclist who must look after the bicyclist who must look after the pedestrian.

Bike Jax and the like are the future of Jacksonville. Sure, we have to save the world through energy conservation. But we also have to save the individuals through caution, care and respect.

Art, Really, This Can't Bode Well For Your Reputation

2008-04-03T11:39:00.005-04:00

A friend sent me a motion from Art Shad's divorce proceeding filed in July of last year.

Pasted here is his soon to be ex-wife's Motion for Temporary Needs and Faculties asking for child support and alimony. Pay close attention to Paragraph 1.

Remember, this is one of our city councilmen. Here's a man who, in motions brought by his wife and filed in court proceedings, is described as having "issues concerning drug and alcohol dependency," and shows "behavior disruptive to the family" such that his visits with his children must be supervised.

A quick look at the court docket shows that Art just recently filed his Answers to Interrogatories and financial affidavit in this divorce proceeding, both of which I'll get a hold of in the coming days.

In the meantime, I'll keep looking for Art's Answer to Tim Kelly's lawsuit. I was glad to see that the Times-Union tucked this Kelly lawsuit story deep in its Law and Disorder section in today's online edition. But apart from burying this story, I also noticed that, while the other L&D snippets before and after the Shad piece were given reporter credit to Adam Assen, Bridget Murphy, Paul Pinkham and Dana Treen , the Shad piece had no reporter's name attached to it. It simply had the byline, "The Times Union."

News4Jax also posted the story, but added the 911 calls both Art and Kelly made after the incident. Art claims he was bit twice, but that no skin was broken. Whatever. I'm still awaiting criminal charges. C'mon, Harry, don't let us down.

The Daily Record also gave the story a very tiny plug in its City Notes section today, but wrote erroneously that the lawsuit is seeking $75,000.00 in damages. Kelly has only plead the jurisdictional $15,000.00 to get the case in Circuit Court. The $75,000.00 is a number that's been floated as what Kelly was demanding shortly after the incident.

So Does That Make Obama Mr. T. Or Apollo Creed ?

2008-04-03T09:36:00.003-04:00

Odds And Ends Cuz I Have No Time For Much Else This Morning

2008-04-02T09:57:00.013-04:00

First, the Daily Record reports today of a new bar called Gas Knob Pub opening where the Amsterdam Sky Cafe used to be (across from the baseball field and next to the arena). Very exciting stuff, set to open in May. Brought to you by the makers of The Fly's Tie.

Second, I caught the new R.E.M. song this morning on Sirius. The song is called Man-Sized Wreath and is off the new CD Accelerate. I read a few reviews of the CD, all of which were positive. I was impressed with Man-Sized Wreath as it captured some of the rock popiness of Green and Monster while reviving the dry monotone of Murmur and Reckoning. After passing on R.E.M.'s last three or so endeavors, I think I'll give them another shot.

Third, and speaking of other new CDs, The Raconteurs have followed up what I consider to be one of the best albums of this millenium (second only to the Throwing Muses' 2003, self-titled "reunion" CD) with their sophmore release, Consolers of the Lonely. I grabbed the CD from iTunes over the weekend but haven't yet had the opportunity to suck up the whole thing. Unfortunately, what has caught my attention has left me a bit disappointed. The songs seemed pushed, pretentious, over-produced and completely void of the brilliant and raw silliness of Broken Boy Soldier. I must emphasize the caveat, though, that I haven't yet given the songs a true listening. All former opinions could change over time. It's just that my first impressions were sour.

Oh, finally, I hear the Breeders have a new one coming out April 8 called Mountain Battles. I know nothing about it as I was leaving it to my wife, a bigger Breeders fan than me, to do the honors.

In Case You're Wondering (Art Shad), Punching A Lawyer In The Face, Unprovoked, Will Get You Sued

2008-04-01T11:01:00.009-04:00

By now we all know the story of how City Councilman Art Shad (of pain medication dependency and numerous speeding violations fame) punched local attorney Tim Kelly in the face while Kelly was walking his labrador at FEC Park in San Marco.

According to news articles, Shad was, for lack of a better description, in fear for his life by what can only be described as the threatening licks and violent tail wagging of Kelly's lab. So Art, being the noble, yet violent, man that he is, punched Kelly right in the face causing him serious injury.

As a result, Kelly late last week filed a two page (one and a half, really) complaint against Shad alleging, amongst other things, that Shad "acting in a strange and peculiar manner, battered the plaintiff by striking him in a harmful or offensive manner."

Kelly has alleged the jurisdictional $15,000.00 in damages to get the case into Circuit Court. However, it is unknown at this point what Kelly's damages actually are. Kelly is represented by Richard Watson of Rahaim, Watson, Dearing & Moore, P.A.

Shad has 20 days from the date he is served to either answer the complaint or file a motion to dismiss (although on the face of the complaint there does not appear to be any grounds for a dispositive motion).

More likely, Shad will answer, deny everything, and raise the affirmative defense of self defense (or that he was high as a kite and therefore did not appreciate the nature of his actions, or that he is just plain insane and unable to distinguish between right and wrong).

Shad will also have 45 days from the date he is served to answer Kelly's interrogatories and requests for documents, both of which were also served with the Complaint. There is no affidavit of service in the court file, meaning Shad has yet to be served.

There is no record of any pending criminal charges being filed.

I'll keep an eye out on the filings in this case and provide a summary analysis of, and maybe even post, all discovery and other pleadings and notices as they are filed. I'll be very interested to read Art's deposition transcript as well as I'm sure we'll get some good gems to use against him in his next political endeavor.

We Cannot Let This Happen In Springfield!!!!!

2008-04-01T09:46:00.002-04:00

Report: Nation's Gentrified Neighborhoods Threatened By Aristocratization
March 31, 2008

WASHINGTON—According to a report released Tuesday by the Brookings Institution, a Washington-based think tank, the recent influx of exceedingly affluent powder-wigged aristocrats into the nation's gentrified urban areas is pushing out young white professionals, some of whom have lived in these neighborhoods for as many as seven years.

Multibillion-dollar castles like this one have been popping up all over Brooklyn.
Maureen Kennedy, a housing policy expert and lead author of the report, said that the enormous treasure-based wealth of the aristocracy makes it impossible for those living on modest trust funds to hold onto their co-ops and converted factory loft spaces.

"When you have a bejeweled, buckle-shoed duke willing to pay 11 or 12 times the asking price for a block of renovated brownstones—and usually up front with satchels of solid gold guineas—hardworking white-collar people who only make a few hundred thousand dollars a year simply cannot compete," Kennedy said. "If this trend continues, these exclusive, vibrant communities with their sidewalk cafés and faux dive bars will soon be a thing of the past."

According to Kennedy, one of the most pressing concerns associated with rapid aristocratization is the drastic transformation of the metropolitan landscape in a way that fails to maximize livable space.

"A three-block section of [Chicago neighborhood] Wicker Park that once accommodated eight families, two vintage clothing stores, a French cleaners, and a gourmet bakery has been completely razed to make way for a private livery stable and carriage house," Kennedy said.

"The space is now entirely unusable for affordable upper-income condominium housing. No one can live there except for the odd stable boy or footman who gets permission to sleep in the hayloft."

Many of those affected by the ostentatious reshaping of their once purely upmarket neighborhoods said that they often wish for a return back to the privileged communities they helped to overdevelop just a few years ago. Among the first to feel the effects of the encroaching aristocracy have been local business owners like Fort Greene, Brooklyn resident Neil Getz.

"Around here, you used to be able to get a Fair-Trade latte and a chocolate-chip croissant for only eight bucks," said Getz, who is planning to move back in with his parents after being forced out of the lease on his organic grocery store by a harpsichord purveyor. "Now it's all tearooms and private salon gatherings catered with champagne and suckling pig. Who can afford that?"

Incoming aristocrats are easily spotted by their distinctive dress and taste for chamber music.
"It's just a terrible shame," Getz continued. "There was this great little shop right across the street from my duplex apartment where I bought my baby daughter a Ramones onesie a couple of years ago, just after she was born. That whole block is an opera house now."

The aristocracy has adamantly dismissed claims that the sweeping changes are detrimental to the merely wealthy who have been displaced, and many persons of noble blood have pointed to aristocratization's benefits. These include lower crime rates attributed to new punishments, such as public floggings and the pillory, which are primarily meted out for maintaining direct eye contact with members of the highest class.

"These accusations are pure, slanderous rubbish," said Lord Nathan Dunkirk III, the owner of a prodigious manor house that, along with its steeplechase course and topiary garden, sits on what was once the Haight-Ashbury district of San Francisco. "If anything, the layabouts and wastrels have been afforded a veritable glut of new and felicitous opportunities as bootblacks and scullery maids."

Other aristocrats have echoed Dunkirk and have additionally deflected blame onto regification, a process by which they say they were priced out of their vast rural holdings by kings who wished to consolidate property and develop monumental palatial estates.

(The Onion)

Flying A Kite And Failing Miserably -- I May Have To Stick To Cheap Parlor Tricks

2008-03-30T21:38:00.015-04:00

My four year-old daughter thinks I can do just about anything. She's amazed when I juggle round fruit with my hands, or a soccer ball with my feet (not at the same time), or drill a screw into the wall to hang a picture.

My one year-old son can't laugh hard enough when I give him a high toss in the air or swing him upside down.

My wife thinks I do okay as well and enjoys the fact that I handle 95% of the household cooking (breakfast and dinner).

There's definitely no singing "Cats in the Cradle" in my house.

So as a father figure, I felt like I was really holding my own. At least until we bought my daughter a kite and took it up to Klutho Park yesterday.

The conditions were more than ripe. The wind was blowing briskly and my nauseating hangover had finally subsided.

I envisioned a Norman Rockwell scene -- the quintissential cross-generational moment where child and adult become one, the traumas of the day lay forgotten and the laundry piling on the bed folds itself.

What could go wrong?

Everything.

In a word (or two), I apparently don't know how to fly a kite.

Sure, the wind was good, the kite assembled correctly and the string properly clipped. So why was Zephyrus or the other Anemois mocking me in front of my children, my wife, and the ten guys playing baseball a few yards away? Newton's Laws were supposed to be inapplicable in this situation.

Thankfully, my wife was kind enough to forego the metaphorical humor and didn't once shout out, "That's not the only thing you have trouble keeping up!"

Actually, I'm not so vain that I can't accept my own failures. I don't truly believe that there is some emasculating pixie playing tricks on me. I can accept that fact that I just don't know how to fly a kite. Not yet.

So, while my daughter recovers from yesterday's disaster, and before her psychiatrist clears her to return to the park with me, I intend to undergo secret kite flying lessons. I may even form a support network for other fathers as inept as me.

I think in the end I will be able to overcome this failure and win back my family's respect. If not, then I'll just have to go back to juggling fruit, baking chicken and forever cursing the day that the Chinese invented kite flying 2500 years ago.

Soaking Up The View, Pedestrian Commuting Style

2008-03-28T12:09:00.002-04:00

I’ve graduated to the rank of urban pedestrian commuter. Sure, I know some people have been living the pedestrian life since time immemorial, but I’m in a self-congratulatory mood this morning and want to give myself a carbon-friendly pat on the back.

It all started when my mother asked to borrow my car to run an errand as she had temporarily lost the use of hers. The “problem” was that it made more sense just to give her the car for the whole week than to bother trying to get it back the next day. My wife and I decided we would simply make do with one car.

Easier said than done, sort of. Turns out some childcare time constraints on my wife popped up that was making picking me up and dropping me off at work a bit inconvenient. No sweat, I thought. I’ll just hoof it from home to the office and back again.

And why not? I did it everyday for a year in DC, walking from the depths of Dupont Circle (closer to Adams Morgan, really) all the way up to my job at the Department of the Interior some three or so blocks from the White House. Then in New York I’d have to do the trek from my apartment in Brooklyn to the Carroll Gardens subway, then from the Bryant Park F train stop in Manhattan all the way to the corner of 42nd and 2nd, one block from the U.N.

Anyway, it made more sense for me to walk the 1.6 miles to and from the front door of my house to the east elevators of the Modis building than for my wife to stress about getting the kids dressed, out the door and packed into the car just so we could travel the three minutes between home and office to get me to work.

Words can’t describe the refreshing sense of life these walks have had. Again, I know this isn’t novel. I know people are walking, or more likely riding their bikes, to work every day. But the point of writing this is to express the continued appreciation I have for Springfield and downtown Jacksonville as I was able to observe slowly and close up the uniqueness and architectural beauty that are most of the downtown structures.

Trying to catch a glimpse of the city around me is impossible from the window of my car. I’ve become caught up in the culture of talking about urban renewal and revival without truly appreciating what these concepts and philosophies mean. It’s not always about stimulating economic growth or complaining about government ineptitude. It’s about seeing the actual structures up close (and personal).

As the weather gets warmer, I don’t want to lose this intense interest of exploring the cityscape on foot, even if it is just for a few moments in the mornings and evenings.

Sure, there will be some perspiration. It might take me a few minutes of cooling and wiping down once I’ve reached my office. But that’s all a small sacrifice compared to the benefit the walk will have given me. And anyways, the heat of the Florida sun doesn’t even begin to compare to the boiler room humidity of a New York subway station in the summer. If I could do the pasty subway commute in New York for four years, in suit and all, then the short jaunt up Laura Street each day will be like, yeah, okay, a walk in the park.

If You Can't Laugh Every Now And Then, You'll Go Insane, And Possibly Vote Republican (Which Would Be Insanity)

2008-03-27T08:27:00.003-04:00

Pay close attention towards the end to the guy standing behind Hillary getting his head blown off.

McCain Emulates Bush -- Breaks (And Gives Middle Finger To) Federal Law That Gets In His Way

2008-03-26T14:04:00.011-04:00

Late last month, the DNC filed a formal complaint against John McCain demanding that McCain be held to the confines of the public financing law(yes, the very one he wrote with Russ Feingold) for having accepted federal campaign matching funds last year to revive his failing candidacy (technically, he pledged the expectation of these funds in order to secure an immediate $1 million loan, which has the same effect of accepting the matching funds). For a refresher summary on this complaint, go here.

Now, one month later, this issue may be growing new legs in the form of another complaint filed by firedoglake. Remember, because McCain accepted public financing (or arguably did according to FEC rules based upon the huge loan using these funds as collateral), he capped himself at spending no more than $56 million before he became the official GOP candidate, which will not happen until the Republican convention in September. As he has now officially spent over the allowable limit, the new complaint asserts that John McCain now has actually violated campaign finance law.

Firedoglake is circulating an online petition for signatures to send to the Federal Elections Commission in support of this new complaint. Go here to sign.

McCain must be held accountable for his now blatant violation of the McCain-Feingold Bill. He is legally prohibited from spending another dime on his candidacy (not that he really needs to since Hillary and Obama are doing his dirty work for him).

McCain continues to flaunt this law, insisting that he "changed his mind" and no longer wants the funds. The trick, though, is that, once accepted, it takes a vote at the FEC to allow a candidate to opt out. This hasn't happened yet and, now that McCain has broken federal law, it should no longer matter whether he one day gets the requisite permission.

Regardless of what ultimately happens, McCain has shown that he is ready, willing and anxious to take a page directly out of GW's handbook and bend and break the laws of this land to suit his daily political needs. Imagine what more harm and damage he'll inflict on our laws and Constitution if he's elected in November.

Challenge Smallenge -- Carville Was Just Trying To Bait Daschle

2008-03-25T12:40:00.003-04:00

Okay, I found it. Not on CNN, but on, you guessed YouTube (I keep forgetting to look there first for all of my video needs).

Yes, technically, Carville (aka, the Clinton campaign) is challenging Daschle (aka, the Obama campaign) to split the cost of a do-over primary.

Daschle wasn't biting. Why should he.

This exchange was nothing but a sign of desperation in the face of defeat. The "I dare you! I dare you!" approach was, frankly, embarrassing. Carville was all but screaming, "What're you? Chicken?"

Is this serious debate? Is this serious campaigning? Even a cockroach in its last throws has the decency to roll over when its time is up. Can't Hillary's camp just do the same instead of flapping its arms wildly on national TV?

Bill Richardson Gives Interview Calling For Unity. Democrats Around The Country Slap Head, Mutter, “No Shit.”

2008-03-24T14:58:00.002-04:00

The following are tidbits from a Bill Richardson interview with Today’s hard hitting, political analyst (and five-time globe circler), Matt “Where’s Waldo” Lauer on the disasters that will befall the Democrats if Hillary and Obama don’t start playing nice.

Richardson is finally announcing to the world on Today’s National Soft News Network(hopefully making this profound commandment digestible for all) what those street dwellers in the blog world have been reading and saying for weeks.

If the Democrats hope to retake the White House in November, Hillary Clinton and Barack Obama must stop their negative campaigning against each other and start talking about the issues affecting the country.

It’s gotten enormously negative.

With Sen. John McCain already the Republican candidate, it’s vital that the battle for the nomination not continue into the Democratic National Convention in August in Denver.

What you see today is John McCain campaigning, being a statesman, unfettered, raising funds, and what we need is to stop this negativity.

We need to bring the two campaigns together. I think the two campaigns should take a deep breath and stop talking for a while. Just reflect and start talking about the issues affecting the country like the war, like the economy, subprime lending, housing, the enormous problems of gas prices, and stop this internal, personal bickering that is right now hurting us enormously.

My point here is instead of having this bitter, contested effort all the way to August, is that we come forth and decide on a nominee based on the reality that the Democrats need to be unified against a very strong John McCain.

Seriously, folks, this should not be news. It doesn’t take a governor to convince the Democrats of the obvious. We are not the ones who need to be hearing this, it’s the candidates.

Richardson gets the No Shit Award for the week (and it’s only Monday). Hillary and Obama get the Dumbass Award for the year, and possibly century, if they don’t come around and get this crap figured out soon.

Does Hillary Really Have Nothing To Lose By Paying For The Do-Over Voting?

2008-03-24T11:49:00.006-04:00

After writing about the conversation I had with my friend regarding the Democratic candidates splitting the cost of paying for a do-over vote in Florida and Michigan, I get a call from this same friend the very next morning gloating as he had just heard James Carville make the exact proposal on CNN,then rip into Obama man Tom Daschle for hemming and hawing over this idea.

My friend was estatic with an "I told you so" air about him. However, as I had been out all morning with my family, and was taking my friend's call deep in the play area of Hanna Park, I told my friend I'd have to get back to him once I had checked into this "news."

And check into it I did. For 24 straight hours I have searched news sites, blog sites, porn sites and social networking sites. Nothing nothing nothing on this story and no mention of Carvel and Daschle having this early Sunday morning CNN discussion.

Finally, in the depths of a blog called America Blog, I found something comparable on this issue and telling in its view of a Clinton paid for do-over. I know, this isn't the exact same as a cost splitting proposal. But it does wholly exemplify the desperation that is the Clinton campaign.

Effort by rich Clinton supporters to finance Michigan re-vote actually undermined the re-vote
by Joe Sudbay (DC) · 3/23/2008 08:52:00 PM ET

I didn't get a chance to write about this last week, but as we continue to hear complaining about the fact that Michigan isn't having another vote, it's important.

There was just something incredibly unseemly about a group of Clinton supporters offering to raise the money for the Michigan primary re-vote. It literally reeked of trying to buy an election ("Dear Michigan, your vote finally counts because Hillary paid for your election"). I mean, seriously, that sounded like something you'd expect in a third-world dictatorship, not the United States. So for all of Clinton's feigned outrage over no progress in Michigan, the fault lies with her and her wealthy backers:

Michigan officials bear considerable responsibility for the mess they have helped to create, and a revote is one way out, though that looks increasingly unlikely given the political stalemate. But Rendell and Corzine took matters into their own hands without thinking through the consequences. Their letter to Granholm creates the impression that a Michigan do-over would be Clinton-financed contest designed to save her candidacy.

The integrity of the Democratic nomination contest already is in question -- remember, they are supposedly still counting votes in the Texas caucuses that were held on March 4 -- and this only adds to public cynicism.

It does look like Clinton's big dollar funders were going to buy the re-vote. It just looks that way. You have to admit, when Clinton's supporters look like they're trying to buy a new election for her, it really does diminish all that moral outrage she's been spewing about holding fair elections.

(John Edwards, are you paying attention? This kind of profligate spending by monied special interests is exactly the kind of thing you railed about during your campaign.)

So that's the best I can find on this subject. Despite the above, the "paying for the election," my friend's position is that Hillary has nothing to lose flipping the bill for the do-overs as mathematicians all over the world have confirmed, using complex computer addition software, that she's done for.

This Is A Poll Of Sorts -- Minus The Margin Of Error -- To Help Settle A Bet Between Friends

2008-03-22T22:44:00.006-04:00

How many people think that Hillary will, in the coming weeks, make a challenge to Obama to share in the expense of holding a do over election in Florida and Michigan? (Hmmm. Not me.)

Conversely, how many people think that it’s time to get on with the rest of the primary season and accept the fact that there will be no Democratic delegates from the latter two states sitting in Denver come late August waiting to cast their respective delegate vote? (Me -- that’s one vote.)

And let’s take it one more further. Is there anyone out there who thinks a Hillary primary victory based upon super delegates voting against Obama will be construed in any way as a racist affront to Obama‘s candidacy? (I think it’s time for the race issue to be buried. If the super delegates go for Hillary, it’s going to be because, in the end, they believe she’s the candidate who can beat McCain, not because they couldn‘t stomach a man of color leading the Democratic pack to the White House. So that’s a no vote on this one from me.)

Hell, let’s do one more.

What Democrat out there would rather vote for McCain than Obama, regardless of all the theories of why or how he became the candidate over Hillary? (Unfortunately, I have one friend who said she would do exactly that. I think my answer to that one is obvious.)

Okay, I can’t resist. Just one more. Really.

Who thinks that Obama’s affiliation with Rev. Jeremiah Wright will still be in the news two weeks from now? (I think American’s attention span can barely last through breakfast, let alone a day, or a week, or two. So, the Wright thing, whatever that thing really is, will go away as fast as the recent disclosure of McCain’s fidelity problems.)

I ask these questions after having had a long debate/conversation with a good friend, and Hillary supporter, who is pissed to holy high hell at Dean and the DNC for negating his primary vote.

This friend is convinced that Hillary will not sit idly by while her meaningless Florida and Michigan “victories” count for naught. This friend is also convinced that Wright’s words will be Obama’s undoing. (My reminding him of the media’s ambivalence towards, and America’s ignorance of, McCain’s French kiss embrace of John Hagee, hate monger extraordinaire, had no effect.)

Despite my Obama support, I could not embrace nary a one of my friend’s positions.

I don’t think Hillary will cough up a cent for any do over. I’m not even sure if election laws allow her to use campaign money in such a fashion (does anyone out there know the answer to this?).

But my friend is convinced that a Hillary challenge to Obama to cough up dough to flip the bill for a do over is coming and that Obama will agree to split the cost for fear of losing face and looking weak in the eyes of Democrats.

While I’m sure no challenge is coming, I told my friend that the better scenario would be for Hillary to pony up the money for the whole re-voting affair, in both Florida and Michigan, as a giant screw you to Obama. Meaning, she can cut off all debate on the matter (although I thought all debate was all but cut off already), and come riding up on her silver pony, feeling the pain of all the “disenfranchised” voters, and save the day by making the ultimate sacrifice (i.e., forking over $18 million that she can hardly spare) and give the voters back their voice.

I’ve said before that the Democratic leaders screwed this one up royally. But it’s time for the Hillary camp, including her voters, to move on. I know this is starting to sound like a broken record, but this fight over Florida and Michigan delegates cannot be the focus. We’re losing too much time, too much ground, and too much money to dwell on this any longer. We have a target in McCain to direct all of our energy against. He’s out there not spending a dime while the Hillary and Obama camps spend a fortune bickering against each other over things that have nothing to do with the qualifications necessary to become the President of the United States.

When You're A White Evangelical, Being Anti-American Will Get You Tea At The White House

2008-03-21T07:15:00.006-04:00

The current and grossly continued uproar over Obama’s preacher, Rev. Jeremiah Wright, and Wright’s opinions about this country make me wholly appreciate the utter hypocrisy and selective memory of those crusaders on the right and the convenient ignorance of our news media.

Let’s not forget some of those hellfire and brimstone favorites from days past who thought nothing about trashing America and its citizens, all in the name of their God. Yes, I’m talking about Religious Right leader Francis Schaeffer and his benevolent cohorts, Billy Graham, Pat Robertson and Jerry Fallwell. All of these darlings of the evangelical right, loved and endorsed by the Nixons, the Fords the Reagans and the Bushes, spewed more anti-American hatred than Rev. Wright could ever hope to.

Don’t believe me? Try these gems on for size.

If there is a legitimate reason for the use of force [against the US government]... then at a certain point force is justifiable.

In the United States the materialistic, humanistic world view is being taught exclusively in most state schools... There is an obvious parallel between this and the situation in Russia [the USSR]. And we really must not be blind to the fact that indeed in the public schools in the United States all religious influence is as forcibly forbidden as in the Soviet Union....

There does come a time when force, even physical force, is appropriate... A true Christian in Hitler's Germany and in the occupied countries should have defied the false and counterfeit state. This brings us to a current issue that is crucial for the future of the church in the United States, the issue of abortion... It is time we consciously realize that when any office commands what is contrary to God's law it abrogates it's authority. And our loyalty to the God who gave this law then requires that we make the appropriate response in that situation...

All three of these quotes were taken from Schaeffer’s Christian Manifesto, published in 1980. The man was advocating an overthrow of the United States. Treason. He was calling arms against a government he did not agree with. He was the poster child for ANTI-AMERICANISM. And what about the anti-gay venom spewed from Falwell and Robertson after 9/11, apparently blaming all catastrophes on the sins of other Americans? Yeah, they got barely a blip or slap on the wrist.

So where was the outrage? The condemnation? The uproar? Was Schaeffer ostracized? Indicted? No. He was invited to tea at the White House. Have politicians run from these words of hatred? Or apologized for being associated with these American traitors? No, in fact, when Huckabee was asked to provide a desert island list of books, he chose, apart from the bible, a Schaeffer book that compared America to Nazi Germany.

So who are the traitors? Who has the right to point to one person and shout “Treason!” Apparently, a white man, preferably one standing behind a pulpit, can hate America and Americans and be revered for it. But when a man of any other color tries to offer up his own condemnations, he is labeled a traitor.

This post was inspired by a piece written by Schaeffer's son reminiding the right of its history of hating America.

Um, Okay, For The Millionth Time, Not Voting In November Because You're Pissed At The DNC IS NOT THE ANSWER!***

2008-03-20T14:34:00.011-04:00

I occasionally like to entertain myself by reading the Opinion section of the Times-Union, especially the Letters from concerned citizens around the area.

There was one this morning that stood out not so much for its profundity than for its stupidity. I’ve posted it below, but added some of my own editorials interspersed within the Letter that appears in bold and italics.
_________________________________________________________________
Primary votes should count
by CAROLYN J. KUZNIEWSKI

As a Democrat in Florida, I find it terribly upsetting that I would be disenfranchised because of something I had no control over.

You’re just now feeling disenfranchised!?! While I wouldn’t say I’m upset, I am a bit annoyed that the powers that be in the DNC once again have found a way to make this party appear incompetent and the laughing stock of the primary season.

We, the Democratic people, did not ask for the date of our primary to be Jan. 29.

True. But even in a democracy, permission is not always a prerequisite to action.

We, the Democratic people, did not tell the candidates that they couldn't campaign here.

True again. But the candidates made this agreement nonetheless.

We, the Democratic people, voted in the only primary we could.

Technically, true.

We, the Democratic people of Florida, will not stand idly by while we have our voting rights stripped away. We, the Democratic people, want our votes to matter.

Our votes will matter. It’s just a matter of perspective and timing. If not last January, then in November. But our votes will matter.

I think it is time for the Democratic people of the fourth-most populous state to stand up for our right to vote.

We do have the right to vote. It's just that the last one didn't count like it should have.

If my vote in the primary doesn't count, then I refuse to take part in the 2008 presidential election. I am calling on my fellow Democratic Floridians to do the same.

Good for yo----, ……..wait a second. You refuse to WHAT?!? You're calling on fellow Democrats to do WHAT?!? Let me back this up. You’re apparently so pissed that Florida’s delegates got stripped that you’ll refuse to vote in 2008? What kind of sick logic is that? So you’re not yet disenfranchised enough that you’d choose to subject yourself, your friends, your family to at least another four years of Bush's deadly policies because your vote for Hillary (I’m guessing) isn’t going to count? Please think about that one on November 3, right before you go to bed. If you don’t, then you’ll wake up on November 5 to see McBush celebrating his victory.

Then, there will be no doubt that the Republican Party will win the 27 electoral votes that we have to offer in Florida.

See above, in its entirety. There will be “no doubt” if people like you stay away from the polls.

Let's unite and make our voices heard!

Damn straight! Go to the polls this November. Democrats all, and pull the lever, or fill in the bubble, for whomever becomes the Democratic candidate. Unite around the party. This country CANNOT survive another four more years under a Republican administration.

While there are many things wrong with the Democratic party, the two that get my goat are the way we manage to find every possible way to turn certain victory into failure, and how we lose sight of the big picture when something doesn’t go our way and wholly remove ourselves from the process.

THIS IS NOT THE TIME TO BE SELF-RIGHTOUS. THIS IS NOT THE TIME FOR IN-FIGHTING.

These petty squabbles are going to cost us the White House. Please, Ms. Kuzniewski, stop for just one moment and think. Take a deep breath, and think. And when you're done thinking and deep breathing, please realize that your tantrum and refusal to vote, while perhaps satiating your vengeful crave, will have accomplished nothing more than subjecting all of America to life under John McCain. Please stop thinking selfishly. The rest of America need not also be victimized by the poor decision made by the DNC.

***This post assumes that the writer is indeed a Democrat, and not a McCain plant as has been suggested.

Happy Nightmare, Baby -- The Iraq War Turns Five

2008-03-19T10:54:00.005-04:00

3,990 US Troops Killed…
29,395 Wounded…
2,100 Have Tried To Commit Suicide…
88% Of Military Officers Say War Has Stretched US Thin…
82,000-89,000 Iraqi Casualties…
4,500,000 Iraqi Refugees…
Global Terror Incidents From January 2001: 1,188…
Global Terror Incidents From January 2006: 5,188

Get more details at The Huffington Post

This war is a crime.

First DCA To Hear Oral Arguments On Whether To Expand Loss Of Consortium Claims To Non-Married Couples

2008-03-19T09:43:00.004-04:00

Tomorrow morning, on March 20 at 9:00 at The Florida Coastal School of Law, the First District Court of Appeals will be hearing oral arguments in the case of Judith Bashaway v. Cheney Brothers, Inc., et. al. (yes, the 1st DCA occasionally hears cases in Jacksonville).

At issue in this case is Florida’s loss of consortium law (common, not statutory) which currently provides that only married spouses can claim this tort remedy.

Briefly, loss of consortium is the derivative action that one spouse can bring against a tortfeasor (i.e., the imbecile who caused the accident) for the loss of the injured spouse's services, such as household assistance, love, affection, comfort, and sexual intimacy.

In the Bashaway case, Judith Bashaway and Melinda Garrison were life long, same sex partners. The two exchanged vows in 1993 and lived together exactly as a married couple would, owning their home, other real property and their vehicles jointly.

In September 2006, Ms. Garrison was severely injured in an automobile accident and suffered life-threatening injuries.

The personal injury suit subsequently filed by Ms. Garrison also included a count brought by Ms. Bashaway for loss of consortium. Defendants’ motion to dismiss this count of the complaint was granted, with prejudice, as Florida law does not recognize non-married consortium claims.

The appellate argument here sounds simple enough. This is a straight up equal protection case. Meaning, married couples should not enjoy the benefit of a consortium claim at the exclusion of non-married couples. Why should those who have been in a committed relationship for years not get the same benefit as the couple who met one night and decided to get married Vegas style one week later? If one spouse in this latter scenario should suffer injuries in an accident the next day on his or her way to the court to file annulment papers, then, you guessed it, the other spouse gets the consortium claim. Doesn’t make sense, does it?

Apart from the hypothetical rub above, Bashaway is unique as it involves a claim of a same-sex couple who are precluded by law from EVER marrying. Where is the fairness in this? That’s why, as part of the appeal, Judith Bashaway will be asking the court, alternatively, if it is unwilling to extend the law to include non-married couples, then to at least carve out an exception to allow same sex couples the opportunity to prove, on a case-by-case basis, their commitment in court whereby they could then plead a loss of consortium claim.

The appellee defendants argue in their briefs that consortium claims for non-married couples should not be granted, as any judicial recognition (activism oh, no!) of these claims would upset stare decisis, “threaten constitutional notions of separation of powers” and, my favorite fear mongering argument, create a flood of litigation:

Under the subjective criteria favored by the Appellant for segregating qualifying relationships from non-qualifying, the courthouse doors would be opened to every conceivable form of opportunist who seeks to capitalize on harm befallen a close confidant. A system rife with such potential for abuse could not be accepted and the requirement of legal marriage or parent-child relation in order to sustain a consortium claim serves as a safeguard against such systemic corruption. (yes, and the locusts would come, the sky would turn red, blah, blah, blah).

As it is difficult to provide a thorough and adequate analysis and summary of the issues raised in Bashaway (I apologize to Appellate counsel Mills & Creed for making a rushed attempt at this), I would be more than happy to email the briefs to anyone who asks. You can also get some additional background information on the legal and personal side of this case here and here.

Similarly, I would recommend anyone interested in hearing and perhaps watching this argument to go to www.1dca.org where you can get a live audio and visual feed, or you can get a recording 24 hours after arguments are over (more like two weeks, given the court's backlog). I just tested the feed on the site's “oral argument video” link and was only able to hear the arguments currently going on in today’s sessions (also at Coastal). According to the disclaimer, video feed is limited, depending on how many people are trying to plug in to watch arguments.

Quote Of The Day (When The President Speaks, You Know He's Going To Say Something Stupid)

2008-03-18T08:41:00.003-04:00

“I want to thank you, Mr. Secretary, for working over the weekend.”

This is the praise Treasury Secretary Henry M. Paulson received from GW yesterday during a meeting to discuss the ever growing economic crisis in this country and the Bear Sterns government bailout.

As the former head of Goldman Sachs, did Mr. Paulson hope that entering the government sector, even as the head of Treasury, would finally give him the spare time he needed to improve his golf swing? Just curious.

Coming from an administration that covets its time off (GW has spent 452 days of his presidency at the Crawford ranch), is it any wonder that someone so high up in the government should be noticed, and publicly lauded, for coming into the office during off hours? Of course not.

And seeing as how GW wasted no words praising Michael “let them drink piss water” Brown for doing “a heck of a job” following the Katrina disaster, it’s easy, though tragic, to understand why, two and one half years later, people are still living in trailers and are now suffering a whole host of illnesses for their troubles.

Quote of the Day, Part II

"You've [Paulson] shown the country and the world that the United States is on top of the situation."

This quote followed the quote above and is memorable in its absurdity.

Putting the two quotes together makes me wonder: Is the United States “on top of the situation” because the Treasury Secretary worked over the weekend? If so, we’re in a crapload of trouble.

Bush has been out of touch on every crisis that has hit this country. Perhaps we need him and his cabinet to take even more time off. Who knows how much more damage could have been inflicted had he and his staff been at the helm full-time?

Sleiman Solves Homeless Problem, Becomes Nobel Prize Candidate – City Vies For Second Place – Times-Union Wants Pulitzer For Reporting

2008-03-17T09:34:00.002-04:00

The last time I checked, the homeless population, whether here or anywhere else in the world, was made up of living, breathing, feeling human beings. You wouldn’t get that sense after reading Mary Kelli Palka’s piece in this morning’s Times Union titled “Riverwalk Removing More Than Benches.” I would place this “article” in the category of insensitive meets callous meets greed meets embarrassment.

It would seem, based upon the article, that Toney Sleiman, in a philanthropic attempt to save this city (or at least his precious Jacksonville Landing) from the scourge that is the homeless, has realized that the entire homeless problem can be solved by removing public benches which these, I don’t know, vermin, shall we say, use to sit and lay down on. That’s right, remove benches from downtown and, PRESTO, the homeless go away.

Not to be outdone, the article continues by describing an attempt by the City to also confront the homeless issue head on by, you got it, removing its own benches along the Northbank Riverwalk. However, this purging was prevented when City Councilman Bill Bishop demanded that the benches be returned. The solution, he declared, is not in removing benches, but in beefing up police patrol, presumably to make sure the homeless don’t alight in one place for too long or otherwise bother us decent folk. Mr. Bishop, with authority, sincerity and compassion, was quoted, “The homeless aren’t going to care. They’re going to camp in the bushes if there aren’t benches.” Yes, I suspect someone out there would love to add, “Because, you know those homeless -- give them a bottle of MD 20/20 and they’ll sleep just about anywhere – and love it!”

I’ve now spent a good portion of the morning trying to figure out the point of this article. My best guess is that, in an attempt to salvage the present spiraling failure that is the Landing, Sleiman somehow coaxed the T-U to write a piece touting how the homeless have been removed once and for all from the Landing, thereby making it a safe place for clean and respectable folks to dance and sing and spend money (the clouds have parted, the birds are chirping, flowers are blooming and somewhere in Munchkinland the Lollipop Kids are singing “Ding Dong, the witch is dead”). Having just recently had lunch at the Landing, I can assure Mr. Sleiman that the homeless people sitting on benches by the river are the least of his worries.

In the vein of Swift’s A Modest Proposal, I recommend that Toney Sleiman and the Jacksonville government stop wasting its money playing musical benches and just cook up all the homeless and serve them at the next city council meeting (leftovers can be served at one of the mayor's next tailgating parties). Having spent the first two years of my legal career as counsel at the New York City Department of Homeless Services, I can pretty much guarantee you that removing downtown amenities such as benches is not really going to do much in curbing homelessness.

Springfield Mommies Group To Host Its 2008 Easter Egg Hunt In Klutho Park

2008-03-13T21:46:00.005-04:00

Well, the headline just about says it all.

This Saturday, March 15, the Springfield Mommies Group will be hosting an Easter egg hunt in Klutho Park in Springfield.

The Easter Bunny will be arriving at 11 AM to greet the kids and start the egg hunt. Afterwards, there will be games and face painting as well as a plant sale between 10:30 AM - 12:30 PM at the fountain at Klutho Park on the same day.

For some reason, this event is not posted on the SPAR website, so you'll have to trust me and my source (aka, wife and SMG member) on this one.

It's looking to be a warm and sunny day. Don't miss out!

Check Your Wrist, There's Still A Pulse

2008-03-13T21:09:00.004-04:00

Plans are still in the works to launch the First Coast Democratic Professionals Council and an inaugural event is being hatched for the end of April. Right now, we are asking all interested people to go to the DPC website and sign up to receive event notifications. Given the fact that registered Democratic voters outnumber Republicans by over 40,000 in Duval County (yes, you read that correctly), the success of the DPC should be a no brainer.

Despite all of the bickering going back and forth between the two Democratic contenders and the fight that's brewing in this state to conduct a do over primary vote, this truly is the year for local Democrats to unite and show the rest of the state and country that Northeast Florida is not the Republican stronghold that people think it is.

The Democrats have a strong candidate in Jay McGovern as he campaigns for Ander Crenshaw's seat in Florida's Fourth Congressional District. Bob Harms is coming off of his court victory that unseated Jay Jabour and is well-positioned to take the at-large Group 2 seat on the city council. And despite getting away with less than a slap on the wrist, John Peyton, Art Shad and other top GOP officials were found to have committed legal and ethical violations.

The mission statement of the DPC is to re-engage area professionals in Democratic politics. There could not be a more perfect time to get out, get involved, get active, get seen, get heard.

Since The Camps Insist On Beating Each Other Up, Let's All Just Make Fun Of Them

2008-03-11T17:04:00.004-04:00

It's time to instill some humor into this Democratic primary debacle. Otherwise, we'll all go friggin' crazy.

Plus, a friend of mine told me just today that if Hillary's camp keeps up the cheap shot negative campaigning, and becomes the eventual candidate, then she won't bother voting come November at all.

So let's bring some levity into this primary race and not get cynically bogged down with the senseless inter-party bickering that will do in the Democratic ticket. It's not like we or anyone else has any control over the Hillary and Obama camp as neither seems concerned with the BIGGER PICTURE THAT IS THE WHITE HOUSE AND FUTURE OF THE PARTY! Sorry about that.

Republicans Do Live In Glass Houses -- Don't Let Them Forget That In The Wake Of The Spitzer Scandal

2008-03-11T08:52:00.005-04:00

If your job is anything like mine, you spend over one third of each of your day surrounded by mostly Republicans. Which means, if you get caught in the kitchen or at lunch with any one of these folks, you may very well find yourself quickly outnumbered as they swarm in with a barrage of Faux news sound bites they caught either the night before as they were falling asleep, or that morning as they were rushing out the door.

So as you can imagine, today is not one I’m really looking forward to given the scandal de jour that is Eliot Spitzer and his link to a prostitution ring.

There appears no way to defend the man. He’s made his confession, said his apologies, etc. This rising star in the Democratic Party screwed up. He apparently broke the law and could be out of a job and into a new set of pinstripes. Simple. I really don’t want to defend him anyway. But that doesn’t mean I have to face each of my colleagues unarmed, defenseless, whimpering for forgiveness as I mope back to my office while being jeered at and poked with a cross and thumped with a bible.

Instead, I want to be prepared to take on the self-righteous smugness of these folks who will, with outright indignation, condemn the sinfulness of Mr. Spitzer as if he, a Democratic superdelegate, represents the continued plague on society that perpetually emanates from the left.

I want to be prepared to look these people in the eye and say, “Yeah, he did it. But I think you should be just as concerned about cleaning your own house.”

And with that, I’ll be armed with a list of criminal and/or morally offensive acts committed by those on the Right. This list is far from exhaustive and I heavily edited it by removing some of the more vile convictions of pedophilia, child pornography and incest. You can find a more complete list here, which includes links to supporting articles.

While posting this list may seem petty, I promise you it will come in handy should you find yourself cornered in the elevator or kitchen or bathroom by a frothing at the mouth wingnut crying holy mary about Spitzer’s issues.

Senator David Vitter, Louisiana Republican Senator. His number appeared on a list of clients linked to the “D.C. Madam” and several women have confirmed that he regularly appeared at the Canal Street Brothel.

Senator Larry Craig, caught in an airport bathroom attempting to solicit sex. Arrested and admitted offense.

Dick Armey (R-Texas), former professor, has been accused by The Dallas Observer of sexually harassing female students.

Jim Bakker, televangelist with Pat Robertson at Robertson's Christian Broadcasting network. Committed adultery with Jessica Hahn and then used charitable donations to pay her hush money.Fellow televangelists say he's gay. Indicted on 23 federal charges of fraud, tax evasion, and racketeering.

Robert "Bob" Allen, Florida state Rep. Arrested in the afternoon at a Veteran's Memorial Park for solicitation of prostitution from an undercover male officer inside a restroom. According to the papers Bob "offer[ed] to perform oral sex for $20". Bob Later claimed that his offer had somthing to do with his being afraid of Black people.

Bob Barr, Republican Congressman from Georgia. Sponsored the anti-gay Defense of Marriage Act, saying "The flames of hedonism, the flames of narcissism, the flames of self-centered morality are licking at the very foundation of our society, the family unit." Was married three times. Paid for his second wife's abortion (she also suspected he was cheating on her). Failed to pay child support to the children of his first two wives and while married to his third and present wife was photographed licking whipped cream off of strippers at his inaugural party.

Robert Bauman, Republican congressman and anti-gay activist, was charged with having sex with a 16-year-old boy he picked up at a gay bar.

John Bolton Bush's appointee ambassador to United Nations, corroborated allegations that Mr. Bolton’s first wife, Christina Bolton, was forced to engage in group sex have not been refuted by the State Department.

Mike Bowers Former State Attorney General, prosecuted the famous Bowers vs. Hardwick case, based on Georgia anti-sodomy laws. Admitted to a 10-year adulterous affair.

Ken Calvert, Congressman (R-Ca), champion of the Christian Coalition and its "family values." Sued as an alimony deadbeat by his ex-wife. Said "We can't forgive what occurred between the President and Lewinsky." In 1993 he was caught by police receiving oral sex from a prostitute and attempted to flee the scene.

Mark Foley, Republican Representative, Florida Sixteenth Congressional District. Resigned after trying to solicit sex from male congressional pages via an instant messenger program. The conversations included his asking a sixteen-year-old "stud" whether his penis was erect and requesting that he take out and measure his penis. The cover-up involved Republican House Majority Leader John Boehner, Ohio Eighth Congressional District and Republican House Speaker Dennis Hastert, Illinois Fourteenth District.

Jeff Gannon Partisan blogger with no journalism credentials and a fake name who got invited to Bush's Press conferences. Is also a pimp and a gay prostitute.

Newt Gingrich, married three times. Gingrich campaign worker Anne Manning admitted that she gave Newt oral sex while he was still married to his first wife. Informed one wife he was filing for divorce while she was in the hospital recovering from cancer treatments.

Rush Limbaugh, triple-divorcee, 30-pill a day drug addict.

Brent Parker Utah State Representetive. Arrested for soliciting sex from an undercover officer posing as a male prostitute.

Mark Pazuhanich, Republican judge, pleaded no contest to fondling a 10-year old girl and was sentenced to 10 years probation.

Joe Scarborough, former Republican Congressman, currently a conservative talk show host. Resigned his congressional seat abruptly to spend more time with his family, amidst allegations of an affair. His intern, Lori Klausutis, was soon after found dead in his office. The medical examiner, who had his license revoked in Missouri for falsifying information in an autopsy report, and suspended in florida for six years, ruled the case an accident, after giving conflicting information about her injuries. He said he lied about them because "The last thing we wanted was 40 questions about a head injury."

Ed Schrock, two-term republican congressman, with a 92% approval rating from the Christian Coalition. Cosponsor of the Federal Marriage Amendment, consistently opposed gay rights. Married, with wife and kids. Withdrew his candidacy for a third term after tapes of him soliciting for gay sex were circulated.

Tom Shortridge. Republican campaign consultant, was sentenced to three years probation for taking nude photographs of a 15-year old girl.

Fred C. Smeltzer, Jr., Republican City Councilman, pleaded no contest to raping a 15 year-old girl and served 6-months in prison.

Jimmy Swaggart, televangelist, said during a sermon "I'm trying to find the correct name for it … this utter absolute, asinine, idiotic stupidity of men marrying men. … I've never seen a man in my life I wanted to marry. And I'm gonna be blunt and plain; if one ever looks at me like that, I'm gonna kill him and tell God he died." Had an affair with a prostitute.

Randall Terry, Right to Life activist, founder of Operation Rescue, involved in the Terri Schiavo protests. Once imprisoned for sending former President Bill Clinton an aborted fetus. His son Jamiel is gay; his daughter Tila had sex outside of marriage, became pregnant, had a miscarriage - she is no longer welcome in his home; his daughter Ebony had 2 children outside of wedlock and became Muslim. He has campaigned against infidelity and birth control, gays and unwed mothers. Terry himself was censured by his church after committing adultery.

Strom Thurmond, republican senator and racist, raped and impregnanted a 15-year old African American maid.

J.C. Watts, Representative (R-Oklahoma), loud champion of "moral values." Has out-of-wedlock children.

Stephen White, Republican preacher. Was arrested after allegedly offering $20 to a 14-year-old boy for permission to perform oral sex on him.

Did Obama Actually Win Texas, Despite What Our Media Friends Are Telling Us?

2008-03-10T11:45:00.007-04:00

I'm posting this snippet from the Daily Kos because I've become a bit annoyed at how the media keeps telling a story of how Hillary won Texas, etc.

Now, it's not that I have much against Hillary. I'll vote for her if she is the candidate. No, this is more of a statement against our mainstream media and how those journalists do their best to under-report, over simplify, grossly distort and downright falsely report the news. So if Hillary is complaining about the treatment she is getting from the press, she should at least take solace in the favors they are giving her on this Texas thing as I'm sure this "victory" is worth at least a few hundred million in fundraising.

You'll remember the "Texas two-step," in which Texas voters participated in both a primary and a caucus. Under that system, two-thirds of Texas delegates are allocated according to the primary results, and one-third are awarded based on the caucus. Well, despite the fact that major media outlets called Texas for Clinton, the results of the caucus are still not in, and the final results may not be announced until March 29. That's because phone-in reporting from caucus sites was optional, and the majority simply mailed in their results. March 29 is the date that county chairs, who receive those results, are obliged to reveal them, according to the AP. But here's what we already know: in the primary, Clinton picked up 65 delegates to Obama's 61.

And Obama has a very solid lead in the caucus. As NPRreports,

If the numbers in the caucus vote hold up, then Obama will win 37 more pledged delegates to Clinton's 30. So Obama would have 98 delegates and Clinton 95 and he would leave Texas with three more delegates that Clinton.

That will mean that Obama wins Texas, just as clearly as he has won any other state that holds a caucus.

This is actually a huge problem for the Clinton, because she will have netted only eight delegates total on March 4th when you count Ohio, Rhode Island and Vermont. With the Obama victory in Wyoming yesterday, she's still behindby nearly 140 delegates. This is roughly where she was before March 4th, except that five more
states have gone by. It turns out Texas really was a must-win state for Clinton, just like her husband said.

George Bush Plus John McCain Equals . . .

2008-03-09T22:01:00.000-04:00

"The Jacksonville 11" -- Starring Michael J. Fox As John Peyton, Coming Soon To A Theatre Near You

2008-03-06T10:32:00.004-05:00

Remember the Guildford Four, the Birmingham Six and the Maguire Seven, those tragic Irish nationals wrongly accused and convicted in the 70s of bombing British pubs and performing other IRA acts of terrorism? Their story was made famous by the movie In the Name of the Father and even got mention in a Pogues song.

Then there were the Scottsboro Boys over in Alabama back in the early 30s. These nine black boys, ranging in ages twelve to nineteen, were accused of raping two white women on a train from Chattanooga to Memphis.

Oh, and how about the Chicago Seven, those counterculture activist tried and acquitted (or freed on appeal) for inciting riots and committing other acts of civil disobedience at the 1968 Chicago Democratic National Convention?

The common thread running through these groups is that all were caught up in an overzealous, prosecutorial campaign to gain convictions at whatever cost, civil liberties be damned, only to see their convictions overturned after years of legal, physical and mental torture.

So what’s the point of this history lesson? These stories, like so many more, have been captured in the annals of history not so much by the horrific facts of each incident, but by how the naming of these groups summons visions of global governmental violent oppression, false accusations, and decades of wrongful imprisonment, creating martyrs who inspired change.

Now the martyr-makers at the Florida Commission on Ethics have done their part in the same fashion to immortalize the vindication of the mayor, his staff, some city officials, and other local businessmen by dubbing these people at their ethics hearing as the JACKSONVILLE 11.

No joke. The Times-Union, in a single stroke of insensitive editorializing, and the Ethics Commission, in full mockery of the legal process (and as an affront to Leslie Goller who filed the ethics complaint), have attempted to invoke sympathy for these local officials and public figures by referring to them as the JACKSONVILLE 11, even though it was determined that they ALL BROKE STATE ETHICS LAWS by failing to disclose perks and gifts.

Yes. The state ethics commission found that rules were broken by the official’s failure to report perks received in excess of $100.00. The non-elected officials got off because they were not required to report the perks (it’s only wrong if there’s a law that says it’s wrong.) So, in essence, guilt was found. Yet the state did not see fit to go any further to penalize these saps because, well, there’s now a reporting system in place.

So who are the JACKSONVILLE 11 that we are now supposed to pity? First, there’s the mayor. Then Art Shad, Michael Corrigan, former Councilwoman Elaine Brown and former Chief Administrative Officer Dan Kleman. The others are former and current Peyton staffers Scott Teagle, Steve Diebenow, Adam Hollingsworth, Kerri Stewart, Trey Byrd and Dan McCarthy.

Make no mistake. These people were found to have committed the violations they were accused of. The real crime is that absolutely nothing will happen to them. I thank the Florida Commissions on Ethics for immortalizing the indiscretions of the JACKSONVILLE 11 and making them come off looking like victims and heroes.

Will “THE 11” now get t-shirts made? Will we have to endure an A&E special documenting their plight through the administrative legal system? Will we see Michael J. Fox play John Peyton in the biopic film adaptation of the book soon to be written by Bob Woodward? Will we soon be singing a folk song in their honor accompanied by an accordion and pan flute? Will the nightly news be filled with interviews of the accused families who are just grateful to see Johnny and Arty home again, completely vindicated.

You get the point.

An Open Letter From Congressional District 4 Democratic Candidate, Jay McGovern

2008-03-05T20:09:00.004-05:00

Below is the text of an email I received from the Duval County Democratic Party announcing Jay McGovern's candidacy against Ander Crenshaw. Jay is asking for petition signatures to get him on the ballot this November. I was unable to paste the actual petition, but if you email me I'd be happy to forward it to you. (Or you can always call him for a petition.)

Jay was at a Barack gathering last night that I missed, but friends who were there and had a chance to meet him were highly impressed and came away feeling that he will make a worthy and strong challenger to Ander's not-so-safe seat.

I'll continue to post McGovern events as I hear of them and hopefully we'll be getting him to speak at an upcoming DPC gathering.

Jay McGovern, Democrat, for Congress
Congressional District 4

To: All faithful DEMOCRATS in Congressional District 4

As many of you know, I have filed to run for Congress in the 4th district. I believe it's time for change and it's time to take back our country. Today, I am asking for your support and to help me make a stronger, safer and more respected America a reality.

It's time to collect petitions so we can be listed on the ballot for the November 2008 election. I want to ask that you take a few minutes to print and complete the attached petition form. We need 4430 petitions by the end of this March. Asking five or more of your friends, relatives, co-workers or neighbors to complete a petition card this week will help ensure we make the ballot. I truly appreciate your help. You are welcome to contact me with any questions or comments at 904-626-9618. Let's try to get 1500 this week through this electronic grassroots effort. I look forward to working with you in the future.

Sincerely,

Jay McGovern

Campaign by Stratagem, A New Chapter In The Art Of War

2008-03-05T08:50:00.005-05:00

My only real commentary on last night’s results is that Hillary and Barack need to stop beating up on each other now that the GOP has narrowed the candidate field to one.

Seriously. These two have been campaigning against one another for over a year now. What else can be said? What other new mud is there? And why, now that the dollars war is going to really heat up between the two, would they want to give the GOP a pass on having to vigorously campaign and spend money. The GOP is salivating over last night’s results because they’re going to save a fortune watching Clinton and Obama duke it out. This is exactly what Rush was begging for on Laura Ingraham's show a few nights ago (no, I did not watch it, but read the highlights the next day).

The Democrats cannot let this happen.

Barack and Hillary do not need to campaign on the “I’m better than my opponent” platform anymore. We all have a pretty good grasp by now of their differences. They both have a clear target and the test now is to see how they each match up against McBush and the GOP.

I want to know how Barack or Hillary plans on dismantling eight years of failed domestic and foreign policies. I want to see some tough talk on how this country cannot survive another four years of Republican rule. I do not want to hear any more accusations about plagiarized speeches. I don’t want to hear Matt Drudge saying that Hillary’s camp gave him some photos of Barack in Somali attire. I don’t want fake tears or messianic pronouncements. I don't want to see barbs exchanged via Saturday Night Live. It’s time for these childish antics to stop.

This is a once in a lifetime chance for Hillary and Barack and a real opportunity for the Democratic Party to unite and drain what's left of McCain's bank account by going Sun Tzu on him, two against one. The two can use their combined $38 billion war chest on ad campaigns, not to promote their own individual merits, but to educate the country on the dangers of another GOP administration. To do otherwise, to continue beating each other up instead, is going to see that $43 billion (yes, they were able to raise another $5 billion in just one sentence) being wasted on negative infighting ads such that, come August 29, 2008, right after the Democratic convention, there will be nothing left but a broke, scarred, dismembered, emaciated and eviscerated candidate who won’t stand a chance of making it into the White House.

Fourth Circuit Judicial Races -- We Are Now Crossing A Zone Of Turbulence. Please Return To Your Seats And Keep Your Seat Belts Fastened

2008-03-04T09:55:00.004-05:00

Alright, I admit it, I’m obsessed with the Fourth Circuit Judicial Races, so much so that I’m either going to be locked away, or forced to run for one of the open seats (the former being the most likely as, despite my years practicing in New York, I have not yet qualified to run in Florida).

There are fourteen seats available in the Fourth Circuit this time around, yet only eight Groups reveal a filed candidate. So let’s do the math:

Four incumbents have filed for re-election (Stetson, McCaulie, Gooding and Fryefield -- all going unopposed to date);

Three of the non-incumbent races are for seats being vacated by a formally announced retiring judge (Buttner, Mitchell and Nachman); and

One seat (this makes eight) sees Jeff Morrow running unopposed for the Group 19 seat in which Judge Aaron Bowden sits. (You may remember Bowden for his little antic of firing his faithful judicial assistant after 17 long years due to her cancer and required treatment, then getting into a spitting match with Chief Judge Moran whereby Moran called Bowden a no-good son of a bitch which resulted in Bowden filing a Judicial Qualifications Commission complaint against Moran which, . . . . which, . . . slow it down . . . deep breaths, in through the nostrils, out through the mouth, deep breaths . . crap, . . . I’m out of breath and forgot where I was going with this).

Anyway, the only real bit of interest about the Morrow candidacy is that not only has Bowden not made his retirement completely open, but there may have been an understanding between the two whereby Bowden would acquiesce to Morrow entering the race before Bowden made his announcement to retire, thereby minimizing, if not down right eliminating, any competition against Morrow. I’m not sure how fishy that all smells, but it does seem to reek of perpetuating the good ole boy network of hand picking successors in a Putinesque kind of way. (Did I just say that out loud?) For what it’s worth, I have heard nary a bad word about Morrow, and the consensus is that he makes for a highly qualified and competent candidate.

So that leaves six seats with a question mark. Right now, we’re waiting on Judges Johnson, Day, Moran, Skinner, Wallace and Cooper to file papers. A representative from the Duval County Supervisor of Elections informed me that most of the incumbent candidates usually wait until the last moment to file their qualifying papers as it reduces the need to do more than one quarterly report. The next quarter ends March 31, 2008, so it is likely we’ll see these six names appear shortly after this date, assuming each is running for re-election. The complicated rules for qualifying, if I read them correctly, show an absolute deadline of May 2, 2008, meaning whatever names are posted on this date are the ones in the race. And if a candidate is unopposed, then that name won’t even appear on the ballot.

In case there should be any concern that I am ignoring the County Court races, note that only Groups 13, 14, and 16 are in play. Judge Flower in Group 14 and Judge Cox in Group 16 have already filed. Judge Blazs has yet to file, although as the newest judge up for re-election, it is believed he will be filing soon.

Sunday Snippets, Politics From Coast To Coast (But Mostly Duval)

2008-03-02T09:57:00.001-05:00

Starting with the local stuff, there are some tidbits to mention and to mull over.

First: Delegates were chosen yesterday to be seated at the Democratic convention. I was really torn about this whole affair, ultimately having decided that we in Florida need to let this one go and hope that Dean or his successor think this one through a bit more the next time. But still I drove down Liberty Street past the Union Hall a little after 10:00 battling my indecisive demons. Although I didn’t stop, I could see that there was much ado about the process. The Times Union has a little write up about the event and “winners” in today’s paper.

Second: For all those who do not know, Ander Crenshaw is facing opposition this year in the form of James Joseph “Jay” McGovern (D). Don’t bother Googling the name. You won’t find anything. McGovern only just filed in early February and I have yet to determine the extent and seriousness of his campaign, although I’ve heard that he reached out to Florida CFO Alex Sink’s campaign manager, Chris Hand, for assistance. Even for those of us who concede that Ander will probably stick around a while, it’s still worth it to put as much might and muscle behind McGovern, if for no other reason than to show the GOP that Ander’s seat should not be taken for granted. Make the man spend some of that $800,000 he has and maybe even sweat a bit. I’ll keep updating with news of McGovern’s campaign.

Third: The Jacksonville area chapter of The Democratic Professionals Council is having its second meeting this week to finalize its board membership and to begin planning its inaugural event. Stay tuned for details. In the meantime, we have been added as a chapter on the DPC website, so now is a good time to sign up for email event notifications.

Fourth: Jim Daniel, Fourth Circuit judicial candidate for Clay County, held a fundraiser last Thursday at the Fraternal Order of Policy headquarters. Although I did not attend the event, a friend called me shortly afterwards to fill me in on the highlights (which were few). The one thing of interest that was confirmed by Jim’s campaign chair was that Jim is indeed raising as much money as possible (including loaning his campaign $100,000.00) to prevent any challenger from entering the race against him. While I’ve already posted my displeasure at this strategy, let me say again that it saddens my democratic (the system, not the party) sensibilities to have this race decided so far ahead of time without any concern for allowing the voters in the Fourth Circuit to get to make a reasoned choice. It no longer matters if Jim is the most qualified. We will never get the opportunity to know.

Fifth: Speaking of the judicial races, it appears that Gerald Wilkerson has dropped out of the race against Adrian Soud and Mark Hulsey, III, as his name no longer appears on the Duval County Supervisor of Elections website. This race and the one between Virginia Norton and Frederick “Rick” Buttner remain the only two that are competitive at this point.

Sixth: As I promised “Coast to Coast,” here’s some news on a gentleman named Matt Gonzalez from San Francisco. He’s a former Green Party mayoral candidate and former president of the San Francisco Board of Supervisors. Currently he does some art and has been tapped as Ralph “the [insert expletive here]” Nader’s vice presidential running mate. The only reason I bother with this bit of information is that Gonzalez, when confronted with the spoiler issue, responded, “If people worry about us spoiling the election, I invite them to earn our voters away from us.” So there’s the challenge. How’s that for perpetuating the hubris? How about asking Nadzalez whether they care more about the state of this country than they do their own egos.

Before The Law -- A Kafka Parable

2008-02-29T09:49:00.002-05:00

Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in later on. “It is possible,” says the gatekeeper, “but not now.”

At the moment the gate to the law stands open, as always, and the gatekeeper walks to the side, so the man bends over in order to see through the gate into the inside. When the gatekeeper notices that, he laughs and says: “If it tempts you so much, try it in spite of my prohibition. But take note: I am powerful. And I am only the most lowly gatekeeper. But from room to room stand gatekeepers, each more powerful than the other. I can’t endure even one glimpse of the third.”

The man from the country has not expected such difficulties: the law should always be accessible for everyone, he thinks, but as he now looks more closely at the gatekeeper in his fur coat, at his large pointed nose and his long, thin, black Tartar’s beard, he decides that it would be better to wait until he gets permission to go inside. The gatekeeper gives him a stool and allows him to sit down at the side in front of the gate. There he sits for days and years. He makes many attempts to be let in, and he wears the gatekeeper out with his requests.

The gatekeeper often interrogates him briefly, questioning him about his homeland and many other things, but they are indifferent questions, the kind great men put, and at the end he always tells him once more that he cannot let him inside yet. The man, who has equipped himself with many things for his journey, spends everything, no matter how valuable, to win over the gatekeeper. The latter takes it all but, as he does so, says, “I am taking this only so that you do not think you have failed to do anything.”

During the many years the man observes the gatekeeper almost continuously. He forgets the other gatekeepers, and this one seems to him the only obstacle for entry into the law. He curses the unlucky circumstance, in the first years thoughtlessly and out loud, later, as he grows old, he still mumbles to himself. He becomes childish and, since in the long years studying the gatekeeper he has come to know the fleas in his fur collar, he even asks the fleas to help him persuade the gatekeeper.

Finally his eyesight grows weak, and he does not know whether things are really darker around him or whether his eyes are merely deceiving him. But he recognizes now in the darkness an illumination which breaks inextinguishably out of the gateway to the law. Now he no longer has much time to live.

Before his death he gathers in his head all his experiences of the entire time up into one question which he has not yet put to the gatekeeper. He waves to him, since he can no longer lift up his stiffening body. The gatekeeper has to bend way down to him, for the great difference has changed things to the disadvantage of the man. “What do you still want to know, then?” asks the gatekeeper. “You are insatiable.” “Everyone strives after the law,” says the man, “so how is that in these many years no one except me has requested entry?”

The gatekeeper sees that the man is already dying and, in order to reach his diminishing sense of hearing, he shouts at him, “Here no one else can gain entry, since this entrance was assigned only to you. I’m going now to close it.”

Ask It And They Will Answer

2008-02-27T20:08:00.002-05:00

A couple of days ago I posted a question about an upcoming election of Florida delegates to be sent to the Democratic convention. Florida, you may remember, had been stripped of all of its delegates and the word from the DNC was that voting in the Democratic Florida Primary was, sure, patriotic, civic minded, and stuff like that, but otherwise a waste of time. So imagine my confusion when I started getting emails from delegate candidates.

Here's a response I received from Clyde Collins, one of the candidates vying for a delegate spot, assisting in explaining this situation and the reason for the voting this Saturday from 10am to 12 pm at the Union Hall on Liberty:

Florida is sending a delegation to the Democratic National Convention. There will be an appeal to seat the delegates either before or after the first round of voting. ALL registered DEMOCRATIC voters are eligible to vote for the delegates. Depending on which congressional district [Brown CD3, Crenshaw CD4], you can cast a vote for delegate according to the President candidate you support [Clinton, Obama, Edwards]. I am running as a delegate for Sen.Obama for the 4th CD and ask for your vote on Saturday.

Jabour Out, Blames Court For His Troubles – Forgets To Blame Self And Apologize For Wasting Everyone’s Time – Whines About His Mounting Legal Fees

2008-02-27T08:47:00.004-05:00

Not even 24 hours after leaving office and the news is already old. Jabour is out, having stepped down “voluntarily” to avoid, in the most ignoble fashion, an appeal to the Florida Supreme Court (Um, Jay, procedurally, the FSC did not have jurisdiction to hear any appeal) which would have made things sticky down the road for his successor if his “appeal” was successful. Martyr.

Perhaps the saddest part about Jay’s farewell speech was his inability to accept any responsibility for causing this mess. No, the problem was created by Harms, who had to go and make a stink about things. And Judge Nachman, who unfairly applied the facts to the law and found that Jay had indeed violated City law. And don’t forget the First DCA who really screwed things up by agreeing with Nachman.

Jay’s farewell speech was pathetic and reading it makes me all the more elated that this man no longer represents this City.

Here are some highlights of what he said:

[H]aving lost at the ballot box, my opponent decided to try to negate the will of the people by filing suit to overturn the result based on questions of my legal residency. The courts obliged with what is in my and my attorney’s view, an unreasonable and narrow interpretation of the law, saying that because I did not spend 183 consecutive nights at my beach residence, I was therefore not qualified to run.
That begs the question – must a candidate sleep in the same bed for 183 consecutive nights in order to qualify to run for public office? How many of us have gone out of town over the course of six months to attend a funeral, a wedding, take a vacation, or to visit a sick relative? I was, in fact, away from home during this time for many of the reasons I just cited.

Nevertheless, I have always been open and honest about the fact that my head did not lie on the same pillow every night during the qualifying period. And I want to emphasize that never at any time did I purposely try to deny or hide this fact. Yet no lawsuit or serious challenge to my candidacy was brought against me by my opponent during the campaign.

While I strongly disagree with the courts’ decisions and am inclined to continue to fight in spite of the mounting personal and legal costs, the citizens of Jacksonville deserve a full-time representative on the city council.

If I were to file an appeal to the Florida Supreme Court, and it is accepted, and a favorable ruling is issued after a special election is held, my successor may find himself or herself in a situation where he or she could likewise be removed by the courts. It is for these reasons that I have decided not to further appeal my case.

I always will be gratified by the fact that in the election over 62% of Jacksonville voters chose me as the candidate most qualified to represent them. Although I am now being compelled to leave office, I want to assure my many friends and supporters that I will continue to care about and serve the people of the city I love.

Election For Democratic Florida Delegates To Be Held This Sa-- . . . . . . .Wait A Second! Democratic Florida Delegates?!? What The . . . . . . .!?!

2008-02-26T19:17:00.004-05:00

Could someone please explain why my email inbox has been filling up over the past two and a half hours with people from all over the state asking for votes to become delegates to the Democratic Convention in Colorado this August.

Seriously, I am a bit confused. I thought Florida was stripped of its delegates and would have no say in picking the next Democratic candidate. Sure, I could probably do some homework, make some calls, write some emails, but I'd rather someone just tell me.

Whatever the answer to this engima wrapped in a pita surrounded by a mystery and covered in slaw, there is voting on March 1, 2008 from 10am to 12pm at the IBEW Hall, 966 Liberty Street, downtown Jacksonville, to choose delegates.

Will The Truth Derail The Straight Talk Express?

2008-02-26T09:45:00.007-05:00

It’s looking like a scorecard will be necessary to keep up with the ever growing number of inconsistencies, indiscretions and improprieties that are coming out about Mr. Straight Talk Express, heir to the GOP thrown, John McCain.

Sure, February was a good month for McCain. He pretty much locked up his party’s nomination, sending Thompson, Giuliani and Romney back into relative obscurity. But February also saw hopefully the first of many stories that are showing the true colors of the man who prides himself on his above the fray, beyond reproach, squeaky clean, reformer image.

Okay, here’s where we’ll start needing the scorecard.

1. The Lobbyist

Two weeks ago, the New York Times “broke” a story describing McCain’s close relationship with lobbyist Vicky Iseman. Much has been written, blogged, screamed, sung, and danced about this story with McCain doing all the denying and his former aids doing all the confirming.

Did this relationship grow to such an intimate level that these aids had to use a hose to separate the two budding lovebirds? This is not the point. What is more important is that, out of “nowhere,” here comes a snapshot of a man who may not be as righteous as he claims to be. (Are we surprised? He did, after all cheat on his first wife, the woman who raised his three children while he was imprisoned in Vietnam.)

2. The Money

The next bit of pesky business for McCain is the FEC complaint that was filed yesterday by the DNC.

Here’s the short of it: Back when McCain’s campaign was tanking and on its last gasps, he elected to sign on for federal matching funds. To obtain a quick influx of cash, McCain used the assurance of these funds as collateral to obtain a bank loan. Now that McCain is the presumptive candidate and money is no longer an issue, he is trying to weasel his way out of the promise he made to use the federal funds.

The issue here is that, if McCain is required to adhere to the strict confines of (here’s the best part) the MCCAIN/FEINGOLD bill, then he will be limited to the amount of money he can spend between now and the GOP convention when he becomes the party nominee. Seeing as how he has already spent about $50 million dollars, McCain has about reached the limits of what he can spend over the next six months.

OUCH. This is huge and if the FEC does not allow McCain to opt out of the federal funds, then he’s going to be stuck in the mud and forced to sit on the sidelines while Obama/Clinton campaign without limits. And if McCain decides to press on and spend away, FEC be damned, then he will be breaking the same federal law he helped write.

3. The Email

As if it couldn’t get worse, the Huffington Post is reporting that McCain withheld an email during the Abramoff investigation that was damaging to one of his cronies. Remember, McCain, the Reformer, the self-described king of routing out waste, evil, corruption and hedonism in the sacred walls of the Senate, sat on the Indian Affairs Committee that investigated the corruption that was part of the Abramoff investigation.

As it turns out, McCain and his staff had an email describing Abramoff’s attempts to assure the election of Alabama Gov. Bob Riley. McCain not only ignored the email, thereby protecting his friend Riley from any unwanted negative attention, but he even refused to make the email public even after his committee report was released. Riley went on to win under dubious circumstances.

As the article states,

McCain's campaign did not return request for comment. For critics, however, the senator's decision not to include the email in his report underscores not only a glaring shortcoming of his investigation, but also a chink in his political veneer. Indeed, they claim, the Arizona Republican often takes overt steps to protect Republican colleagues from his anti-corruption dragnets.

Seriously, folks, it’s not even March and three back to back stories have appeared questioning the “political veneer” of McCain. There’s no question that we are going to need a score card to keep up with all of the other indiscretions that will assuredly start appearing in the press in the coming weeks and months. Is it any wonder that Josh Romney, Mitt's son, is hinting that his dad's campaign suspension may be ending?

Let There Be Art In Springfield, Preferably This Friday

2008-02-25T16:38:00.002-05:00

I went to the last one of these hosted at the Lloyd and walked away with some fine framed photography. The setting is great and the back outdoor area makes it all the more relaxing. This is indeed one of the finer, homier places to enjoy exhibits. And it's walking distance from my house, so my wife and I can easily tag team the evening and save money on a sitter.

Nader’s In The Race And My Father’s Rolling Over In His Grave

2008-02-24T11:37:00.003-05:00

Politically, my father was an interesting man. He wasn’t one to get hot under the collar, to throw his glass of scotch at the TV every time he saw Bush on one of the stations or ever be beholden to just one party. Yet, in his docile, deliberative and simple way, he could debate the state of the world with the likes of Kissinger or Albright and offer up some profound opinions without the appearance of taking a side. He was always more of a listener and a reader who absorbed the words around him, all the while processing the information, then storing it away for passive discussion at a later date.

In the 80s, my father did the Reagan thing, and then kept it in line when it came time to vote for Bush Senior. In the ’92 primaries, however, he voted (as did I) for Jerry “Moonbeam” Brown. Then, when it came time to choose between Bush (Jr.) or Gore, my dad chose . . . . . . . Ralph Nader! In Florida no less!! Yes, my father was one of those voters most of America wanted to scream at, to shake violently, all the while whimpering, “why, why, (sniff, blow nose, wipe tears) why?”

Not that my father has the chance to make up for past mistakes now, but with the announcement this morning of Nader’s bid for the White House, it’s fair to say that my father (turning in his grave at this announcement) would not be suckered a second time into supporting Nader (fool me once, shame on you, fool me twice, shame on me) and risk dividing the Democratic vote to the benefit of the GOP. And neither should the rest of the “disenfranchised” voters buy the “it’s all about sticking it to corporate American” rallying cry.

Sure, Nader has good ideas that parallel the philosophies of most of those on the left, but the focus on this year’s election has to be more about returning this country to sound and reasonable leadership than about simply making a point. We all know of the corruption, the unbalance, the waste, the deficit, the pollution, and the economic, social, personal, and ideological decimation that will be the legacy of this administration. Let’s not put the icing on the cake by dignifying Nader’s announcement.

Yes, I am adamantly opposed to a Nader candidacy. I’m sickened by the thought that we might have to live 2000 all over again and suffer yet another four or eight years under a totalitarian regime. I’m even more sickened that Huckabee has already said that Republicans welcome his entry into the race. I’m sickened by Nader’s selfishness and hubris. And, yes, I partially hold him accountable for much of the pain that the Bush Administration has inflicted on this country and the world.

I hope this development will energize the Democratic base even more and bring an abundance of otherwise resistant voters to the street in a unified front to support either Hillary or Obama.

I honestly do not think Nader will fair near as well as he thinks. In fact, I predict his candidacy will tank before we have a Democratic nominee.

I never got a chance to ask my father why he voted for Nader or if he ever regretted his decision. I never wanted to put him on the spot. But what I do know is that, like most Americans (69% at last count) my father was well aware of the critical damage the Boy King was doing to our country and that this country could not survive a continuation of the Bush policies by the election of another Republican president. Since Nader does not seem as concerned about the Bush-lite presidency of John McCain, it is up to the Democrats to work that much harder to assure a future for this country.

An addendum: Hemming Plaza, as offended by a Nader candidacy as I am, forwarded this link showing just how much the GOP has supported The Spoiler in the past. http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/07/09/MNGQQ7J31K1.DTL

JABOUR OUT, 1ST DCA UPHOLDS NACHMAN'S DECISION

2008-02-22T16:19:00.002-05:00

Jay Jabour has lost his appeal with a per curiam affirmance, meaning that it is unlikely he will be able to appeal to the Florida Supreme Court, meaning it is likely he is out of office, meaning there will have to be another election, meaning . . . . . . . . . . . .

Metro Jacksonville on Craig Van Horn

2008-02-22T10:44:00.003-05:00

Metro Jacksonville has posted a very thorough, albeit lopsided, piece on Craig Van Horn and his business practices (seems like he could use some more lessons), specifically at 9th and Main. It's a heavy yet necessary read. Prepare to be annoyed, frustrated and angered.

The First Coast Democratic Professionals Council (TM) Takes Shape, Forms Board, Plans Future

2008-02-22T09:33:00.006-05:00

The other day I posted a note about the Democratic Professionals Council’s expansion into the Greater Duval County area and promised updates on the formation of a local chapter.

Last night, while everyone else was home sitting warm and dry watching the latest Obama/Clinton debate, a group of like-minded folks met to discuss the how and what and when and, well, the why is pretty obvious, isn’t it, of getting that chapter off the ground. And so the First Coast Democratic Professionals Council was born. Few other words can describe this event better than exciting and successful. A board was formed, assignments were distributed, maps were drawn, and roads were paved.

The short of it is this: In the next few weeks, we’ll be brainstorming meeting and speaker ideas and contacting as many people as possible by phone, email, smoke signals, Morse code, etc. to start getting the word out. Our goal is to have a massive inaugural event either in late April or early May. Between now and then, though, we hope to host a few “soft opening-type” events to help build interest and momentum.

I’ve already heard tail of dozens of people interested in the FCDPC and the feeling we’re all getting is that this area has been in desperate need of such an organization. We’re finally stripping off our apathy and cynicism and reversing the “feeling blue in a red state/city” attitude. The northeast Democrats are not a moribund bunch and the success of the FCDPC will prove that.

So, help spread the word and check back here, (or Hemming Plaza, A Geek Lawyer or Urban Core) for updates. Also feel free to contact us with any thoughts, ideas or stories.

A News Cycle To Trump All News Cycles, So I’ll Just Peddle Smut

2008-02-21T10:50:00.003-05:00

How can I compete with the McCain scandal that “broke” yesterday in the New York Times? I can’t. Even the Huffington Post is going crazy about it. Or what about the surreal notion that we actually shot down a satellite from a boat in the Pacific? Who said that there wasn’t a single Bush Agency that could do anything right? Oh, right. That would be everybody. And don’t even get me started on the lunar eclipse. That was pretty amazing. I think Hillary and Obama are competing for credit with Obama polling higher on the “Which candidate is better able to inspire and control an astronomical phenomenon?” question.

So, I awoke this morning thinking it best just to take the day off and bask in the ray of positivism that is our government, our solar system, our media. But then I got bored and thought I should follow up and provide updates on some earlier post topics.

One “story” I’ve been curious about is how Labradorphobic Art Shad is faring after assaulting attorney Tim Kelly several weeks ago. I had heard that civil and criminal cases were being pursued and so I hit the COJ website to see what I could find. So far, nothing on the assault charge or anything else related to the punching incident. But, interestingly, I did see where Art “leadfoot” Shad got (yet another) speeding ticket on January 15, 2008. Okay, I know mentioning this really looks like I’m being petty. But not when you take a look at what else popped up under the name Arthur Henderson Shad (Yes, I know, this was all covered last year at MetJax/JaxOutLoud). There were 13 hits for offenses mostly involving speeding and other traffic violations. Oh how our city councilmen inspire me. Anyway, nothing yet on the assault. I’ll keep checking back and maybe give a call to some criminal attorney friends to see what I can find out.

My other favorite topic is the Fourth Circuit judicial races. There’s not much new to report other than the Jeff Morrow campaign reception being held tonight at the River City Brewing Company starting at 5:30.

Jeff has a pretty impressive and varied list of supporters, ranging from Preston Haskell to Cindy Jennings. The lawyers on the list specialize in practices ranging from construction to corporate to criminal to civil to family law. Not bad. I’ve just checked the Supervisor of Elections website and confirmed that Morrow is still unopposed in Group 19. No word on his war chest yet as he only just filed to run one month ago.

I’ll reserve commentary on my pet peeve of raising money to keep others out of a race until I know more. But right now, Morrow's event is being labeled as a “reception” and not a fundraiser. In fact, there is nothing on the invite about money or fundraising.

Jim Daniel’s invite (for an event occurring next week at the FOP), however, states at the bottom that “The purchase of a ticket or a contribution to the fundraiser is a contribution to the Jim Daniel campaign for 4th Judicial Circuit Court Judge.” Remember, Jim too is running unopposed. See an earlier post for my gripe about him raising money when he doesn’t even have any competition.

So that’s all the news that’s not that’s fit to print.

Florida Joins 20th Century -- Application for 21st Pending

2008-02-20T08:30:00.006-05:00

So the "E" word is going to make it in the school books after a hard fought out, yet overly compromising squabble at the State Board of Education. But it's not evolution that our kids will learn about. It's "the scientific theory of" evolution.

This last minute added phrase provides an out for teachers and administrators when they are confronted by the hellfire and brimstone creationist parents as they form book burning parties when the newly printed textbooks hit the streets.

"Hey, what's the problem?" the principal will stammer, "We're just teaching a theory. No one here really thinks evolution is a fact. Just a theory, man, like gravity or oxygen."

This whole debate has helped bring attention to the bass-ackwardness that is this state's education system. Congratulations, folks, we are now competing with Kansas as the state most resistent to science.

The lunatics continue to hold sway over the asylum. Welcome Florida to the 20th Century. Your application to the 21st is pending.

Coming Soon To The Area -- The Democratic Professionals Council

2008-02-19T15:45:00.002-05:00

This is a very preliminary post to get some buzz (or whisper, or murmur, or hiccup) started about the expansion into the Duval County area of the DPC. What is the DPC? Well, as it says on the website:

"The mission of the Democratic Professionals Council (TM) is to re-engage area professionals in Democratic politics. The DPC is one of the largest professionals or Democratic groups in Florida. Each of its events includes a professional networking reception and luncheon with a Democratic leader (for a sampling, see our listing of past events). The only charge for attendance at a DPC event is the cost of the function."

Conversations have started, emails have been exchanged and volunteers have been recruited to get the area chapter off the ground. If all goes smoothly, there will hopefully be an inaugural event sometime in March. Feel free to contact me if you want to be on the email recipient list or just keep checking back here for announcements.

This is an exciting opportunity for local Democrats to get involved, participate, meet like-minded professionals, network, and unify the party members into a cohesive group.

With $100,000.00, You Too Can Nip Any Competition In The Bud

2008-02-18T09:44:00.004-05:00

My last post on the Fourth Circuit judicial races alluded to the bona fides of Jim Daniel. He’s a likeable, experienced attorney and easily holds his own with those candidates running in the other Groups.

The thing with Jim’s campaign, however, is that, as of today, he is running unopposed, thereby denying any real testing of his true meddle and spunk. It’s looking like a smooth cruise ride for Jim down 17, through Orange Park and into Green Cove Springs, right up to the newly expanded and remodeled Clay County Courthouse (on the right, just before you get to the Huddle House).

Good for you, Jim. You absolutely deserve it. I’ll be happy to argue motions in front of you, knowing that even if you rule against me, you will have done so with grace, reason and aplomb.

So what’s the point in this post? Well, as I said above, Jim is running unopposed. Even with opposition, he’d probably be a shoe-in. Then why on earth did he feel the need to donate $100,000.00 of his own money on New Year’s Eve to his campaign? He’d already amassed $16,000.00 in donations by the end of last year. And why the need for the fundraiser he’s holding on February 28th at the Fraternal Order of Police? YOU ARE RUNNING UNOPPOSED!

By comparison, in the 2006 judicial races, Jeff Marrow raised a total of $182,000.00 in his competitive race against Libby Senterfitt, who raised $154,000.00 (and won). John Merrett won his seat against three competitors with only $171,000.00. Yet, here’s Jim with over $116,000.00 without competition and nine months from the election.

Now before I offer an opinion on the above, note that I am not opposed to a candidate loaning him or herself money to run a race. Virginia Norton is shelling out $40,000.00 of her own money in her competitive race against, Frederic Buttner, III, who lent his campaign $10,000.00. As blogged previously, Adrian Soud wrote himself a check for $50,000.00. The contributions of Adrian’s opponents are unknown as they only just this year filed the papers to run.

On a grander scale, Hillary Clinton reached into her retirement fund and extracted $5 million. Mitt Romney dipped into his children’s trust fund for nearly $20 million, which, as it turns out, would have been better spent being donated to the Benevolent Country Club Association. And then there’s Michael Bloomberg. He spent close to $140 million on his two mayoral campaigns to buy a bed in Gracie Mansion only to now just use this beautiful estate for ceremonial occasions and guest accommodations.

Okay, so it’s not these personal “loans” that keep me up at night, so long as the money is necessary to stay competitive in a close race. My problem is when money, especially as much as $100,000.00 in a local race, is “loaned” to an uncontested campaign where it is unlikely that even a cent will need to be spent.

Making such a loan tells me one of two things – either Jim (or any other like candidate) is expecting some big time player to enter his race, and so is amassing as much as possible for what may be an expensive battle – or, he’s telling the rest of those folks in the Fourth Circuit, “Don’t even think about running against me!”

I’m fine with the former strategy. It goes hand in hand with what one needs to do to stay competitive. But the latter strategy just smells a bit. By pricing out the competition, the right to choose is being taken away from the voters. The Democratic process has been stunted. Arguably, we will never know who the most qualified candidate is because that person or persons has now been preemptively priced out of the race. It will now be impossible for Jim to ever say he won his seat on his merits. Simply, the election was purchased.

We’ll see what happens as the weeks pass. Someone might actually come forward and challenge Jim, in which case this post will be moot and Jim will have to hit the pavement and explain to the nice folks in the Fourth Circuit why he’s the best person for the job. While I may know Jim somewhat professionally, I'd still like to hear more from him about his qualifications and judicial intentions. Without the competition, people won't get to learn any of this and so will be voting blindly, if at all, for what I would consider a stealth candidate.

More On The Fourth Circuit Judicial Races, Sunglasses Required

2008-02-15T15:25:00.002-05:00

I want to post a quick update on the Fourth Circuit Judicial races. Now, I know I said before that these aren’t sexy races, but that doesn’t mean the competitive ones should be ignored.

Right now it looks like only Groups 11 and 28 are competitive. Groups, 5, 13 and 14 look secure with the incumbents going unchallenged. Jeff Morrow is throwing his hat into the ring again as the only one running for Group 19. Jim Daniel, to be discussed more below, is also going it alone in Group 4.

As it turns out, despite a much earlier post, Adrian Soud does have some competition in Group 11. Mark Hulsey III filed his papers on January 22, 2008 while Gerald Wilkerson filed his on January 17, 2008. Neither Hulsey nor Wilkerson are showing any campaign contributions to date while Soud is showing a $50,000.00 loan he made to his own campaign and another $13,100.00 in contributions from entities either beginning or ending in Soud, the Farah brothers and a few other individuals and organizations. This should be a good one to watch.

Virginia Norton, a seasoned judicial campaigner, is going up against Frederic “doesn’t my last name also sound familiar, Adrian” Buttner, the third, in Group 28. (Go to http://clayclerk.com/judicial_list.htm to see why this name is familiar.)

Now, as for Jim Daniel, I think Clay County has a good opportunity to seat a seasoned and reasonable jurist. I don’t have much to say about him individually other than he’s been practicing about 15 years and has always come across as an amiable, easygoing, and honest adversary. One look at the names attached to his fundraiser this month shows he plays nice and gets along well with others. For example, while many supporters are from the plaintiff’s bar (he is a partner at Coker Myers, after all) he also has the support of insurance defense attorneys (Steve and Jeri O’Hara, for example) and two former mayors of (technically) opposite political persuasions (John Delaney and Tommy Hazouri). Nat Glover, Rick Mullaney and Senator Jim King also make the "Vote For Jim" list.

The qualifying deadline for these races is April 28 – May 2, 2008 so much could change in the competition category. As always, I’ll try to stay on top of this.

Great Space, Bad Blood, 9th and Main Falters Again

2008-02-14T14:47:00.006-05:00

I've received an open letter being circulated via email by the folks at Boomtown detailing the disaster that was their short-lived life at 9th and Main and their experience with Craig Van Horn.

As much as I would like to re-publish the letter here, as an attorney, I don't want to get too involved beyond summarizing the scenario. I will, however, offer a bit of the letter just to give you an idea what went down. Note that the bar side, The Rusted Hinge, remains open and fully functional. In fact, I was just there last night and had not a single clue that the Boomtown mess had gone down. Also, the letter indicates that Boomtown is still on track to open between 7th and 8th Street in seven or so weeks.

So, Boomtown is closed at 9th and Main. Lititgation, both criminal and civil, has been filed against Van Horn. Accusations abound, etc. Use your imagination, especially if you know even the slightest history of that amazing location with about the best nightlife potential in Springfield (The Pearl is in its own category).

Craig (Van Horn), suddenly acting on the premise that Boomtown never really opened at 9th and Main, and that I was actually just a 'chef' hired by 9th and Main, declared that he didnt even have to observe the lightning fast process of a month to month lease---you know....15 day notice and then its over.This is of course, patently absurd. As evidenced by the fact that we completely redid the entire space and the space was filled with Boomtown's dining accoutrements. Anyways on monday, without our supervision or permission he seized Boomtown's property, including our art, electronics equipment and computers---not to mention a lock box with almost a thousand dollars cash.

Living just steps away from 9th and Main, I'm continuously saddened to see this place sputter, cough, choke, die, only to be re-born as something else and then . . . repeat steps one through four (sputter, cough, choke, die).

Smear Hillary? Fine. Smear Obama? I Quit

2008-02-14T09:42:00.005-05:00

My good friend R in Georgia sent me this tidbit:

McCain aide won't stay on if Obama is the opponent

Mark McKinnon, THE TOP ADVISER in Republican Sen. John
McCain's presidential campaign, said on National
Public Radio's All Things Considered that he won't
stay with the campaign if Sen. Barack Obama is the
Democratic nominee and inevitably would be the target
of attacks in the general election.

McKinnon, a campaign advertising specialist who helped
get President Bush elected and re-elected, said that
while he would support McCain "100%, ... I met Barack
Obama, I read his book, I like him a great deal. I
disagree with him on very fundamental issues. But I
think, as I said, I think it would a great race for
the country. I would simply be uncomfortable being in
a campaign that would be inevitably attacking Barack
Obama. I think it would be uncomfortable for me, and I
think it would be bad for the McCain campaign."

Very interesting. What does that say about the tenor of modern campaigning? Okay, maybe not so modern. McKinnon knows that the gloves will come off, dung will be flung, Obama’s children will be labeled Satanists and his cat’s little catnip problem will soon be making headlines. No, he just can't be a party to such ugliness. Well, if it's against Hillary, sure, go for it. But not Obama. He's too cool.

Political candidates have been slinging mud at each other for decades, maybe centuries, whatever, all in the hopes of making themselves look more pious, innocent, and just not as corrupt as the other guy. So my hope is that McKinnon’s selfless act (assuming it’s not just an “act” to score media points for his guy) will somehow resonate amongst the candidates so the campaigns can stay focused on the issues. The Swiftboating of days past is and was an embarrassment because it reminded me of how gullible and blissfully ignorant Americans can be.

One question I have for McKinnon is, how self-righteous does he intend to be? Sure, he won't be campaigning for McCain, but will he stay the higher ground and actually publicly criticize his man when the attacks start? Probalby not. Politics is war and and all's fair in, well, you get it.

Celebrity Endorsements, Or Why I 'm More Willing To Vote For Who They Didn't Endorse

2008-02-12T08:32:00.000-05:00

My opinion of endorsements may be myopic, out of synch, or profound like sand is succulent. Or I might be right in line with the statistical analysis that shows that endorsements are about as beneficial to a candidate as a Fox hosted debate is to Obama.

Whatever the case, I don't care for them much. Sure, I'm a big fan of Susan Sarandon and Tim Robbins, but I'm not holding my breath waiting for a press conference announcement on who they are supporting so I can fill in the right oval. As for newspaper endorsements, I'm not sure I'm going to be swayed by the editorial board of the Florida Times-Union, especially when they endorse city council candidates who they knew were continuously violating Florida' Sunshine Law.

The media, though, just can't seem to get enough of celebrity and political endorsements, which is why political elections are getting Grammy-style, Joan Riversesque attention and showcasing on Entertainment Tonight. Does it really take the bright light flare, Paris Hilton style, to move middle Americans away from their couches and into the voting booths? Maybe, but I have digressed.

Okay, back to the ever uninspiring endorsements of late. Obama got Oprah, Huckabee got Norris, McCain got Rudy and Arney, and Hillary got Bill. Who gives a crap? Sure, I love Bill, but even on his best campaigning day (was there one?), I still wasn't going to go for Hillary. And while I will always feel the Oscars have snubbed Norris' prolific film career, his love for Huckabee just isn't enough. Yet I never watch Oprah nor bought a book she recommended, but I still voted for Obama.

I think the better stories to be told on this subject are the ones about the movers and shakers who AREN'T endorsing anyone, for whatever reason. Gore has announced he's not taking sides. He's not stupid. He doesn't want to back the wrong team and be left eating solar panels and forced into groveling for support of his climate agenda. Reid and Pelosi are sitting quiet. And Edwards, while hosting secret tea parties for Hillary and eventually Obama, blew any chance to be relevant by staying mum in the days before Super Tuesday.

This all leads me to the conclusion that NOT getting a big name endorsement is the wave of the future and what all candidates should be aspiring for. In fact, I think that being able to announce proudly who ISN'T supporting your candidacy would carry so much more weight in the voters' eyes.

Imagine Obama standing in front of his usual 10,000+ crowd shouting, "And I am proud to say that Ben Affleck will not be endorsing me and my run for the White House!" I can just hear the roaring applause and the ringing of phones as people from all over the country start calling in their donations.

Of course, the better scene would have been one of Rudy standing in front of a crowd of U.S soldiers taking another fake cell call like the one he did in front of the NRA. "Excuse me guys, I have to take this. It's the president. -- Yes, sir. I'm talking to some soldiers right now. Do you want to say hello? No? (long wait, slow, deliberate nodding, wry smile forming, wait, wait). Okay. Thank you sir. Thank you very, very much (click). -- Well, it's good news. George wants nothing to do with my campaign!" Again, hooting and hollering, whistle calls, and centrists and independents around the country pulling out their wallets trying to shake out the loose quarters and pennies to drop in the next "Rudy for President" charity bucket they pass.

So from now on, when I'm on the fence, sweating profusely, unable to decide on which candidate to vote for as I stand at the Springfield Women's Club waiting to cast my ballot, I'm going to look to the candidate who didn't get endorsements from the likes of the Times-Union, Ralph Nader, or Richard Simmons.