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.

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

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

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

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)

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

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?

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?

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

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?

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

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

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

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 ?

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

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

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!!!!!

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)