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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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?

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

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!!

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

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

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

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

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

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

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

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?)

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

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

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

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

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.