Entries Tagged as 'Law'

Evil

Whatever you want to call this, this is pretty screwed up

Imagine you come home from work one day to a notice on your front door that you have 45 days to demolish your house, or the city will do it for you. Oh, and you’re paying for it.

This is happening right now in Montgomery, Ala., and here is how it works: The city decides it doesn’t like your property for one reason or another, so it declares it a “public nuisance.” It mails you a notice that you have 45 days to demolish your property, at your expense, or the city will do it for you (and, of course, bill you).

Of course the whole idea is to get around the laws passed to prevent eminent domain in Alabama, so now the Government declares a property to be a nuisance or a blight and then takes control of the property. Of course, unlike eminent domain, the government doesn’t have to pay you, and in fact can bill you for the cost of leveling your property. Then they can sell it to the businesses that want to build on the property. It’s a creative use of the laws, it’s totally evil also.

We’ll see how long it lasts, after all, it’s primarily being used against really poor black people. So chances are most people aren’t even going to care.

Fucked Up Stupidity

Ouch

After dutifully reporting even the smallest profits on their tax filings this year, a number — though no one knows exactly what that number is — of Philadelphia bloggers were dispatched letters informing them that they owe $300 for a privilege license, plus taxes on any profits they made.

Even if, as with Sean Barry, that profit is $11 over two years.

Barry’s music-oriented blog, Circle of Fits, is hosted on Blogspot; as of this writing, its home page has two ads on it, but because he gets only a fraction of the already low ad revenue — the rest goes to Blogspot — it’s far from lucrative.

“Personally, I don’t think Circle of Fits is a business,” says Barry. “It might be someday if I start selling coffee mugs, key chains or locks of my hair to my fans. I don’t think blogs should be taxed unless they are making an immense profit.”

The city disagrees. Even though small-time bloggers aren’t exactly raking in the dough, the city requires privilege licenses for any business engaged in any “activity for profit,” says tax attorney Michael Mandale of Center City law firm Mandale Kaufmann. This applies “whether or not they earned a profit during the preceding year,” he adds.

I’m just waiting for cities/states find a way to demand that anyone who makes a profit and publishes in their city/state have to get a license as well.

What He Said

You know, some days people will say things better than I could even dream of saying it, Today, E.D. Kain writes a post on balloon-juice that really should be read by everyone on all sides of the immigration debate.

The entire post is fantastic, but this part really stands out

No, armed drug gangs from Mexico are not raiding peaceful Arizona farmers. Blood is not flowing in the streets. Contra Jan Brewer, ‘most’ illegal immigrants are not smuggling drugs. The bulk of violence and crime in Arizona* stems from the War on Drugs, not from hard-working immigrants trying to make a better life for themselves. We won’t solve that problem by building a danged fence. (*And even these stories of kidnappings are wildly overblown by the media.)

It’s interesting to me that the last three Republican presidents were fairly pro-immigration given the rabid opposition to any sort of “amnesty” among conservative activists. Of course, Ronald Reagan signed a bill that granted amnesty to nearly three million illegal immigrants, and both Bush Sr. and Bush Jr. made significant efforts to court Hispanic voters in spite of the obvious, ugly reality that the Republican party has no interest in making itself more hospitable to them or to pursue anything resembling humane immigration reform.

Then looking further there’s a fantastic point made by Jason Kuznicki on birthright citizenship. and how utterly awful the idea is in reality.

I’d give the nod to Tim, because I don’t imagine that anti-immigration activists are going to be bought off so easily. Instead, a permanent, multi-generational class of non-citizens would just be fuel for the fire. Twenty years on, immigration foes will look at all the second- and third-generation non-citizens we’ve created, and the mass arrests and deportations will really begin in earnest. Not a problem I’d want to create.

The writers of the 14th amendment understood the dangers of creating a permanent underclass, and denying birthright citizenship is the quickest and easiest way to creating a permanent underclass. And if you thought we had problems before, imagine how that would turn out in 20 years when the children start growing up, and have no investment in the US because they’re not even good enough to count as a citizen.

August 18th at 5PM

Barring any emergency stays, gay marriages will be allowed in California.

:)

Gay Marriage and Acceptance

As some of you may have heard by now, CNN had a recent survey (warning: PDF Alert) that gave support for gay marriage at around 52%. It’s within the margin of error, and I’m dubious that there is a majority of people who believe that gay marriage should be constitutional. At the same time, support for gay marriage being constitutional has been on the rise for a while with polls in 1988 giving support at around 10 – 15%, then looking forward in time, from the late 90s on through 2004, support was around 35%. Finally support jumped right around the time that people began making the argument that civil unions weren’t enough and that full marriage rights should be on the table.

The arguments are interesting and the idea of a non religious argument against gay marriage seems very weak. Since the only arguments against gay marriage are similar to the ones used to argue against interracial marriages, there appears to be an erosion to opposition along the lines of, ‘well I’m a guy, and i wouldn’t marry another guy, but if someone else wants to, that’s up to them’. Which closely parallels the same concept back in the day of, ‘I wouldn’t marry a black/white/asian person, but if someone else wants to, that’s up to them.’

There’s always the possibility of a backlash, but from what I can tell, barring a cultural revolution (*1) of sorts, society is going to keep marching on towards acceptance of gay marriage. Which is ironic when Mexico, which is a heavily catholic country, now permits gay marriage and so does Canada. but the US, it’s still being fought tooth and nail.

Notes
*1 – when I say cultural revolution, I’m thinking big, like wholesale changes to the entire society big. it’s possible that people could try to legislate a cultural change, but barring laws forcing people into a certain brand of morality with some serious indoctrination going on for the next generation, I just can’t see how anything like this would stick. And with a judicial system that is still reasonably effective, I also can’t imagine any serious effort to legislate a cultural revolution being constitutional.

In fact the only way I can imagine it working would be something along the lines of the Chinese Cultural revolution, and hopefully that’s just not possible here.

Prop 8 Overturned.

There we go…. (fair warning, PDF link)

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”

REMEDIES

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result,see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED.”

Good.

and I just can’t see a stay happening in this case.

Some Context Please

You know that bullshit that the Republicans Spew about original intent? Well for the last 150 years, the concept of birthright citizenship has been part and parcel of America. Well not anymore if the Republicans have their way.

Senate Minority Leader Mitch McConnell (R-Ky.) told The Hill on Monday that Congress “ought to take a look at” changing the 14th Amendment, which gives the children of illegal immigrants a right to U.S. citizenship.

McConnell’s statement signals growing support within the GOP for the controversial idea, which has also recently been touted by Senate Minority Whip Jon Kyl (R-Ariz.) and Sen. Lindsey Graham (R-S.C.).

We know this is another pander to xenophobia, and a promise that ‘no really we won’t pull citizenship from all you fine upstanding Americans just the evil icky dirty diseased immigrants. What really pisses me off is the concept of ‘illegal’ immigration is a fairly recent one, For the longest time America didn’t care how you got over here, if you’re here, you’re here. But now with record keeping and with computers and with the ability to track who is where, doing what, you have the ability to suddenly keep closer tabs on people.

Which is great for the Government, who’d never turn down a way to keep tabs on it’s citizens. But instead of understanding the danger of giving the Government more power, the Republicans are too busy finding ways to hand more power to the government in the guise of stopping ‘teh illegal’. After all, who needs intelligent debate when you can once again take Oxygen out of the room and pander to the worst of America?

Corporate Donations to Political Candidates Could Be Interesting

I know this much, if you’re a corporation and your life blood is people coming and buying from you, it’s not a good idea to piss them off:

Target earlier this month donated $150,000 to MN Forward, a pro-business group backing Rep. Tom Emmer, the conservative Republican-endorsed gubernatorial candidate.

That led to a week of bruising reaction from Target employees and gay-rights activists that included a nationwide e-mail campaign and petition claiming 15,000 signatures.

On Tuesday, Target CEO Gregg Steinhafel defended the donation, saying it was driven by economic, not social, issues.

Of course, the next thing to do is see if Corporations can make anonymous donations like some people claim. If they can, we’re going to be in real trouble.

My Head Hurts

I suppose I can see this if the motorist is doing crazy things to avoid the police, but what’s crazy, what’s avoiding, etc?

A motorist who avoids a police car is inherently suspicious, according to a ruling handed down by the Minnesota Court of Appeals on Tuesday. A three-judge panel found that even if the officer observed no illegal conduct, a traffic stop and interrogation is justified when a driver seems not to want to be around a patrol car.

Never Let the Truth Get in the Way of Fear

After all, if you make people afraid, they’ll do what you want, even if they’re afraid of a lie

According to the FBI, the four large U.S. cities (with populations of at least 500,000) with the lowest violent crime rates — San Diego, Phoenix and the Texas cities of El Paso and Austin — are all in border states. “The border is safer now than it’s ever been,” U.S. Customs and Border Protection spokesman Lloyd Easterling told the Associated Press last month. Even Larry Dever, the sheriff of Arizona’s Cochise County, where the murder last March of a local rancher, believed to have been committed by an illegal immigrant, sparked calls for the law, conceded to the Arizona Republic recently that “we’re not seeing the [violent crime] that’s going on on the other side.”

But if anything, the truth seems to make people hold onto the falsehoods even more, it’s like they can’t stand having their worldview challenged. And that means that no matter what you do, that group of people, you’ll never reach. Perhaps a better term for that mindset is… fanaticism.

Why Are the Republicans Against This?

Oh wait, silly me, I forgot, They think it’s immoral for me to waste my money on something they think is immoral

A House committee passed legislation today that would legalize some Internet gambling, allowing U.S. residents to place online bets with companies licensed by the Treasury Department.

Check out the hyperbole

Opponents, such as Representative Spencer Bachus, the top Republican on the Financial Services Committee, say legalizing such betting would harm society and that Congress has more pressing issues to tackle.

“With this bill, in one broad stroke, we will allow every child in America to gamble on their home computer or in their dorm room,” Bachus said.

If your kid’s in a dorm room, I hope you’re not still calling him or her a child. and of course he totally ignores things like it’s already ILLEGAL for someone under 18 to gamble at all.

Remember the GIGO rule

I don’t know what the solution would be, after all traffic laws should be enforced too, but really? isn’t there such thing as common sense?

In Hallandale, Florida, the private firm American Traffic Solutions mailed a $125 ticket to Phil Kodroff accusing his car of “running a red light” at the intersection of Federal Highway and Hallandale Beach Boulevard on May 22. The Fort Lauderdale Sun Sentinel reported that Kodroff’s vehicle committed this crime at the speed of 0 MPH.

To explain the lack of speed noted on Kodroff’s ticket, Hallandale Beach police spokesman Dwayne Flournoy told the Sun Sentinel, “Zero doesn’t mean zero.”

Evidently not. I suppose the money is more important than getting it right

And You Wonder Why I Write Less?

It’s insanity like this

State agencies are investigating whether any of their employees leaked Social Security numbers and other personal information after a list of 1,300 people who an anonymous group claims are illegal immigrants was circulated around Utah.

The anonymous group mailed the list to several media outlets, law enforcement agencies and others this week, frightening the state’s Hispanic community. A letter accompanying the list demanded that those on it be deported immediately.

The list also contains highly detailed personal information such as Social Security numbers, birth dates, workplaces, addresses and phone numbers. Names of children are included, along with due dates of pregnant women on the list.

One of the most disheartening things about this is seeing the comment thread on the yahoo article. I’m beginning to lose faith that the majority of Americans are good people. People are too easily swayed by fear and xenophobia, and a bad economy will cause people to overlook the xenophobia and racism that has poisoned the Republican party.

I’d call this a stunt, and dismiss it, but when you read studies that show that too many people are willing to ignore accurate information if it doesn’t fit their worldview, you realize that it doesn’t matter if something is a stunt, it helps solidify the worldview, and in this case the worldview is that there are too many nasty dirty illegals downloading babies and stealing from America. Just because the facts on the ground don’t support this worldview does not matter, because facts no longer matter and America is a weaker country because of the continued use of fear which weakens reason and the resolve in America to do the right and reasonable things instead of reacting like scared children.

Where’s the America I love?

And the War on Women Continues

Sometimes things just seem to go backwards

Louisiana Governor Bobby Jindal has signed a number of new bills into law regarding abortion regulation, including mandating ultrasounds before the procedure, denying doctors who perform abortions malpractice insurance, and banning public insurance coverage.

To add insult to injury, there is no exception for rape or incest. and all ultrasounds require using the probe internally, as in into the woman’s vagina in order to make the ultra sound more accurate.

The added fun of denying malpractice insurance is simply designed to find more ways to cease all abortions in the state. So no one can afford abortions, well, except the people who are rich.

For the SoCons, women really are nothing more than chattel.

Who Said this?

“Few of their children in the country learn English. The signs in our streets have inscriptions in both languages. . . . Unless the stream of their importation could be turned . . . they will soon so outnumber us that we will not preserve our language, and even our government will become precarious.”

Answer below the fold…
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