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