Steve G.

Posts Tagged ‘Nanny State’

Starchild instrumental in putting prostitution decriminalization on the ballot

In Activism, Big Brother, Civil Liberties, Constitutional Rights, Courts and Justice System, Crime, Economics, Entertainment, First Amendment, Law, Law Enforcement, Libertarian, Libertarian Party-US, Local Politics, Nanny State, People in the news, Personal Responsibility, Police State, Politics on July 19, 2008 at 4:11 pm

Press release posted on the LP Radicals yahoo group. Starchild has had various offices in the San Francisco and California LP, and is one of the spokespeople for this initiative.

The San Francisco Department of Elections announced today that the measure prohibiting city officials from spending money arresting and prosecuting people for prostitution, and mandating equal legal protection for sex workers, has qualified for the November ballot. Of 500 signatures randomly sampled and checked by department personnel, 80 percent were found to be valid. “This is a happy day for San Franciscans who want government to focus on fighting real crimes like homicides and robberies, and are tired of seeing resources wasted in a futile effort to police consensual sex between adults,” said Starchild, a sex worker activist and spokesperson for the campaign. “We’ve cleared the first hurdle.” By the Elections Department’s tally, supporters had turned in 12,745 signatures of registered San Francisco voters on July 7.

The campaign to decriminalize prostitution will hold a kickoff rally and press conference to formally announce the results on Tuesday at 4:00 p.m. in front of the Polk Street entrance of City Hall, with
speakers to likely include Supervisor Jake McGoldrick, who was a signer of the petition to put the measure on the ballot along with two of his board colleagues. “It is way past time that the
recommendations of the Board of Supervisors 1996 Prostitution Task Force were implemented,” said the measure’s proponent, Maxine Doogan. “Criminalizing sex workers has been putting workers at risk of violence and discrimination for far too long.”

The prostitution reform measure joins two other voter-submitted measures on the local Nov. 4 ballot, along with eight measures put on the ballot by the mayor or members of the Board of Supervisors, with many others expected to be added in the next several weeks.

Starchild – (415) 621-7932 / (415) 368-8657 / RealReform@…
Maxine Doogan – (415) 265-3302 / MistressMax@…

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FLDS finally getting their children back today

In Big Brother, Children, Civil Liberties, Constitutional Rights, Corruption, Courts and Justice System, First Amendment, Human Rights Abuses, Law, Libertarian, Media, Minorities, Nanny State, People in the news, Police State on June 2, 2008 at 7:15 pm

Two months after their children were taken by state social service agencies, the parents of the Yearning For Zion polygamist sect have been granted permission by the court to pick up their children from foster care starting at 10:00 am CDT today.  This latest development comes after the Texas Supreme Court ruled on Friday that the state lacked probable cause to remove their children from their families, because they could not show that any of the children were in immediate danger.

The order does have some serious restrictions, however.  The families have been ordered to cooperate with state officials, including unannounced home visits and physical and psychiatric testing; they are also not permitted to leave the state of Texas, and the parents must take parenting classes.  The families are also not allowed to travel more than 100 miles without notifying Child Protective Services.

The return of the children is being hailed as a victory by civil libertarians, who viewed the raid as a violation of the sect’s constitutional rights.  However, many still question the restrictions placed upon the families by the court.

Yearning For Zion is a Fundamentalist Church of Jesus Christ of Latter Day Saints sect.  FLDS members believe in the original teachings of Mormon prophet Joseph Smith, who taught that polygamy is the way to glorification in heaven.  The mainstream Church of Jesus Christ of Latter Day Saints banned polygamy over a hundred years ago.

The state of Texas had taken over 400 children into custody, following a hoax call from a woman falsely claiming to be a pregnant FLDS teenager being beaten by her much older husband.  That woman, Rozita Swinson of Colorado, has been arrested; and it has come to light that this is not the first time she has perpetrated a hoax of this type.

It is expected that the YFZ families whose children were removed, as well as the young women who were taken against their will and assumed to be underage even though they are legal adults (at least one is in her mid-twenties), will sue the state of Texas and the state’s Child Protective Services agency.  If that occurs, due to the number of people involved, the damages could be in the billions.

Previous LFV entries on this subject (listed in chronological order):

“Sickos: What’s a free market solution?” by Nigel Watt, 4/22/08

“Another viewpoint on FLDS case” by ElfNinosMom, 4/22/08

“Texas Supreme Court orders polygamist children returned to parents” by ElfNinosMom, 05/29/08

Another viewpoint on FLDS case

In Activism, Big Brother, Children, Constitutional Rights, Courts and Justice System, Crime, First Amendment, Fraud, Human Rights Abuses, Law, Law Enforcement, Lies and the lying liars who tell them, Media, Nanny State, People in the news, Police State on April 22, 2008 at 7:04 pm

Polygamists outside courtThe judge hearing the case of 400+ children removed from the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), Judge Barbara Walther, has ordered DNA tests of the children from the Yearning For Zion (YFZ) compound. The tests began yesterday via cheek swab, and it is taking an extraordinarily long time to do each one (about 30 minutes) due to the convoluted relationships between the adherents, which brings with it fear of contamination of the samples. Many polygamist children living in a sect of this type have no idea which woman is their biological mother, or which man is their biological father. Prosecutors have also requested psychiatric examinations of the children, while the attorneys for the children objected vehemently to both.

In polygamist relationships, the women assigned to a particular man refer to one another as “sister wives”, and they are all viewed as mothers to all of their husband’s children. There is a pecking order among the wives, though, with each subsequent wife bearing less power within the overall relationship. Furthermore, women and children can be taken from the fathers, and “reassigned” to another man. For this reason, it is not at all unusual for a child to not know the identity of their biological parents.

However, there is reason to fear that the DNA tests will be used for other purposes. For example, if it is proven that a child was born to an underage mother, or that the mother and father are closely related, criminal charges could ensue, and the state will already have proof of the illegal relationship. More chillingly, under the guise of scientific knowledge, the test results could be used for other purposes, since in established polygamist sects everyone is related by blood to everyone else, and incest is common. Frankly, I fear that these children will become guinea pigs.

The judge stated the reason for the testing is that the mothers have regularly changed their names, possibly lied about their ages, and have difficulty naming their relatives.

In the meantime, the children are being held as a group, inside a coliseum.

In an interview with CBS’s “The Early Show” one of the men from the polygamist sect, known only as “Rulan”, stated that the men would cooperate with DNA testing if it will help them get their children back. He also stated that the sect would reconsider allowing sex with girls under 18.

Many of us perhaps were not even aware of such a law. And we do reconsider, yes. We teach our children to abide the law.

Prosecutors claim that simply living in the compound exposes the girls to sexual abuse, or the imminent risk of abuse, due to the practice of forcing girls as young as 13 to marry men sometimes old enough to be their grandfathers or great-grandfathers. There is a pecking order among the men, just as there is among the women, and even elderly men can request that a young girl be “assigned” to them as an additional wife. The purpose of this, insofar as their religious belief, is so that the man can produce as many “superior souls” as possible. Once that man dies – or if he no longer wants the wife, or if a man higher in the patriarchy decides he wants that man’s wife – his wives and children are assigned to other men; the women have no say with regard to which man they are assigned as a wife.

Once the DNA sampling is completed, which is expected to take several days, the children will be placed in foster care, and the children younger than four – who up to this point have stayed with their mothers – will be taken away as well.

Psychologists, however, warn that placing the children in conventional foster homes can cause severe psychological damage due to overexposure; these children have lived in such a strict community that even being allowed to play with mainstream children could cause serious problems. State workers have said that they will try to keep siblings together, and keep the children in groups. For the sake of the children, they will also need to create an environment with little to no contact with the outside world, which means no television, computers, or other media. It is unclear how the children will be educated, given that sending them to public school could prove to cause lifelong emotional and psychological scars.

Furthermore, another barrier stands in the way, which is that FLDS children have been taught from the earliest age that even mere disobedience to one’s parents leads to eternal damnation, and that the world outside the compound is evil. Obviously, these children are suffering both emotionally and psychologically, not just from being separated from their parents and community, but because they fear damnation for merely being taken by the state into the outside world.

I know some foster families, but I cannot imagine changing their entire household to accommodate restrictions that severe. I fear most foster parents will not even try, thinking it is best for the children to be exposed to the outside world. I therefore fear for those children, because I honestly think the psychologists’ warnings are to be taken seriously. We’re living in the 21st Century, while those children for all intents and purposes have never known anything beyond the 19th Century, since most have never even been off the compound before now. Experiencing a typical home today would be something akin to a time machine for them, and could even alter the religious beliefs they have been taught. The state, however, has absolutely no right whatsoever to expose those children to anything which might alter the beliefs their parents hold as truth; and to do otherwise is a violation of the First Amendment.

This is a very serious problem in this situation, and personally, I think this is such an extreme case – since the state has essentially denied their religious rights as well as the right to be secure in their homes – that the Supreme Court needs to step in and make sure the constitutional rights of the children and their parents are protected, before irreparable damage is done. It may already be too late.

Rozita SwinsonIn the meantime, police have identified a 33-year-old Colorado Springs woman, Rozita Swinton, as a “person of interest” and the possible source of the phone calls which caused this situation. Swinton is currently in police custody, charged with false reporting to authorities in another, unrelated case. There has been no explanation regarding why she would make phone calls of that nature regarding this particular religious sect, as it appears that she has no ties to the group.

We should all watch this case very, very closely. What the state is doing in the YFZ case could happen to any of us, based upon a hoax call. Child Protective Services nationwide is renowned for removing children from homes on the flimsiest of evidence, while leaving children actually at risk (and sometimes obviously being abused) in the home with their abusers. The truth of the matter is that religions such as the Primitive Baptists are equally strict with their children, and the women are completely subservient to their husbands (in fact, Primitive Baptist women look very much like the FLDS women), both of which could also be misinterpreted as abuse by overzealous social workers. One attorney stated that none of the parents had ever even received a copy of the original petition for removal of the children, yet were expected to appear in court 14 days later in order to present their case to have their children returned; one mother said that removing the children from their home and community was the worst abuse the children had ever experienced, and she may very well be correct.

On the other hand, you have the question of indoctrination into a patriarchal society, where young girls are taught from a very early age to be completely subservient to men. They are then married off as young as 13 years old, with no choice in who they marry and possibly even without warning. Many boys are driven off the compound at a very young age, to eliminate competition for the young girls’ affection. It is a strange society by our standards, to be sure, and we as a society do have a responsibility to help those children.

The question is, how do we help them, while ensuring the protection of their constitutional rights, as well as the constitutional rights of the parents? Is government intervention the best decision? I’m not altogether sure that it is, unless abuse can be proven. However, abuse is defined based upon the norms of society – for example, spanking is legally defined as abuse in some countries, but here parents can spank their children and a spanking in and of itself is not considered abusive – and it is indisputable that such sects have their own society, quite apart from our own; what is defined as abuse in our society is obviously not viewed as abuse in theirs, and is instead the norm. We are also not on a moral high ground with regard to pregnant teenagers, since we see that all the time in our own society, and many teen mothers in our society were impregnated at an even younger age.

This is an extremely complex question, with no easy answers to be found. However, one thing is clear, and that is that the FLDS sects have the same constitutional rights as you or I, and those rights must be protected above anything else. At this point, I do not believe the state had any cause whatsoever to remove the young children, and I fear that doing so has violated their constitutional rights, as well as the constitutional rights of the parents. If the state’s concern is sexual abuse of teen girls as stated, they may have probable cause to remove the teens for their own protection, but not to remove the younger children. I have seen and heard nothing which would suggest that children under the age of ten are in imminent danger of abuse, except the state’s assertion that, according to their religion, they may be “spiritually married” at any age. I therefore suspect the state is trying to enforce its own standards and morality upon a religion which has existed and been practiced the same way for hundreds of years.

My biggest concern is that this is nothing more or less than religious persecution. Religious persecution absolutely cannot be tolerated in our country, so there needs to be oversight at the federal level, to ensure the rights of all the sect members are protected.

Eugenics being promoted to prevent child abuse

In Big Brother, Children, Communism, Constitutional Rights, Crazy Claims, Health, Human Rights Abuses, Law, Libertarian, Minorities, Nanny State, Personal Responsibility, US Government on March 24, 2008 at 6:24 pm

EugenicsI ran across the following comment on a newspaper’s reader comments section:

ARRRG!… I’ve said it before and I will stand by it. Some people do not deserve to have children. It should be mandatory that when a girl get her period they go on birth control and when they are ready to have a kid someone has to come and check out the living conditions and a mental exam has to be administered to both parents and they have to pass and then they grant you permission to have a child. I personally think it would save a lot of children. Being a woman myself and seeing this type of stuff I am all for it. IGNORANCE IS PREVENTABLE!!!

Why on earth would anyone living in the United States harbor the belief that the government should have total control over everyone’s life, including their most basic right, to reproduce?

While I do understand that child abuse is a very serious problem in this country, the solution is the exact opposite of what she proposes. If everyone took responsibility for their own lives, there would be no child abuse or neglect. Obviously, total personal responsibility is merely a philosophical ideal, since there will always be those who refuse to step up and take responsibility. Nevertheless, the failure of the few to take responsibility for their lives does not negate the right of the many to do so, without government interference.

The same people who harbor such beliefs would likely scream to high heaven if the mother in question – who abused her infant after losing her temper when the baby cried for days on end – had undergone an abortion rather than giving birth to a child she likely did not want, and definitely could not handle. Regardless of what the uninformed among us believe, giving a child up for adoption carries a stigma as well. Many times a pregnant woman finds herself in the position that she’s damned if she does have the child, and she’s damned if she doesn’t have the child, due to social pressures.

I don’t have the answer to this dilemma, but I do know that government control over reproduction is not the answer. After all, many otherwise completely normal mothers lose their tempers with crying infants, socioeconomic status notwithstanding, so governmental control would not stop the problem. That does not excuse the behavior, but it does prove that the suggestion made above is rather ignorant; though strangely, she attributes ignorance to those who dare disagree with her.

If denying the government the ability to grant or deny such a basic human right as reproduction is her definition of ignorance, I will gladly bear the title.

Don’t get me wrong, I am not excusing the mother for abusing her child; far from it, in fact, since I find the abuse of the helpless to be the most heinous crime of all. However, there is an undercurrent in this country, with its basis in extremist religious beliefs and the far right, which uses child abuse cases as an excuse to advocate that the government take total control over the reproductive lives of its citizens. These extremists do not understand that government must be controlled, and never given carte blanche to do whatever it wants. Yet they would grant the government the right to decide who can reproduce, and when they can reproduce; and as history has proven, in no time the government would turn that power into a eugenics program wherein the poor – which by necessity would include many minorities – would not be permitted to reproduce at all. That’s absolutely insane.

I fear for the future of this country, when I read such comments. Perhaps it is easier for some if they don’t have to take any responsibility whatsoever for their lives; but when they are openly and actively advocating total government control over others’ lives, they have gone too far. As libertarians we have a responsibility to speak out, loudly and clearly, against anyone who would openly advocate such bizarre government programs. We have a responsibility to educate others about the very real dangers of giving the government too much control over our lives, whether we run across the statist mindset online, or in our personal lives. As libertarians, we must spread the word of liberty, even if only to one person at a time.

Disturbing medical marijuana case involving an AIDS patient

In Activism, Big Brother, Children, Civil Liberties, Courts and Justice System, Crime, Drug War, Health, Human Rights Abuses, Law, Law Enforcement, Medical Marijuana, Nanny State, Police State, Protest, Science on March 17, 2008 at 6:44 pm

Tom FaltynowiczTom Faltynowicz, a 43-year-old gay rancher in Meade County, South Dakota, was diagnosed with Aquired Immune Deficiency Syndrome (AIDS) in 1990, and is currently facing criminal charges for possessing and growing marijuana for medicinal usage.

For those of you unaware of the specifics of that disease, a patient infected with the Human Immunodeficiency Virus (HIV) may or may not develop AIDS. Once infected with HIV, the disease damages the CD4 cells (T-Cells), and in fact uses those cells to replicate within the body; CD4 cells can be replaced through normal process in the early stages of the disease, but eventually the counts start to fall as the cells are overcome by the virus. A CD4 count between 700 and 1000 is considered normal in a non-HIV infected person; while a CD4 count of about 500 is considered normal when the virus is present. A CD4 count below 200 is indicative of AIDS, since it is at that point that the body loses its ability to fight off opportunistic infection.

Opportunistic infection is any infection which, under normal circumstances, the body could easily fight off. However, due to the lack of CD4 immune cells, AIDS patients are at very high risk of contracting diseases which they would never contract were it not for the virus destroying their immune system. Some diseases are so common in AIDS patients, and so uncommon in non-AIDS patients, that they are considered to be AIDS-defining diseases. Examples of AIDS-defining diseases include Pneumocystis Pneumonia (a fungal infection of the lungs) and Kaposi’s Sarcoma (once believed to be a rare form of cancer, now believed to be caused by Herpes Virus HHV8); these diseases are normally not seen in patients with a normal immune system. While there is viable treatment for many opportunistic diseases, they must be treated swiftly in an AIDS patient due to the patient’s body being unable to fight infection on its own.

Another important way of measuring HIV is by measuring the viral load. The viral load is the amount of HIV in the body. So while a CD4 count measures the amount of damage HIV has done, a viral load count will measure how much of the virus is actually in the body. In this way, doctors are able to measure whether drugs are working to halt the spread of the virus.

AIDS is a pandemic first identified in 1981 by the Centers for Disease Control (CDC), due to Pneumocystis Pneumonia being identified in five homosexual men in Los Angeles. The disease did not take over worldwide as quickly as it is generally believed, though. AIDS has been identified in tissue samples of patients who died of unknown causes as early as 1959; one postmortem case identified the virus in a tissue sample from a 15-year-old boy who died in St. Louis, Missouri, in 1969, though it is still unknown how the boy may have contracted the virus. Some scientists suggest the virus could have first infected humans sometime during the end of the 19th Century, while other scientists suggest it first infected humans during the early 20th century, between 1915 and 1930. Regardless of whether it started during the late 19th Century or early 20th Century, it took many decades for it to even become prevalent enough to be noticed. Since the virus is slow to overtake its host, the window for inadvertent infection of others is years, rather than days or weeks as with most viruses.

It is unclear exactly how the virus started, but it seems clear that it crossed species from primates (which can carry a disease known as the Simian Immunodeficiency Virus) into humans, likely when humans came into contact with the bodily fluids of monkeys, possibly during consumption, hunting or butchering the animals (monkey meat is a delicacy in some areas of the world, and is regularly eaten in some areas of Africa). The virus spread due to a number of factors, including vaccines given with unclean needles in developing countries. While AIDS is now generally viewed as a disease of gay men and intravenous drug users, the truth is far more chilling, since the virus is not contained only within a particular population. Many women and children are infected with the virus, and in some areas of the world, particularly Africa where infected patients do not have access to proper health care, the number of deaths has become catastrophic.

At this time, there is no cure for HIV, or for AIDS, nor is there a vaccine to prevent transmission. However, scientists have designed a number of drugs inhibit the virus’s replication. To understand how these drugs work, a short primer on the virus is necessary.

HIV takes over CD4 cells, changing their molecular structure by inserting its own ribonucleic acid (RNA). The virus itself, which is too small to be seen except with an electron microscope, consists of an outer envelope containing the virus and the proteins and enzymes necessary for replication; the envelope has about 72 spikes on its surface. When the virus bumps into a cell coated by the CD4 protein, the spikes stick into the cell and fuse, at which time the inner contents of the HIV envelope is released into the CD4 cell.

Once inside the cell, the HIV enzyme called reverse transciptase converts the viral RNA into DNA, which is compatible with human genetic material. This DNA is transported to the cell’s nucleus, where it is spliced into the human DNA by the HIV enzyme called integrase. Once it is spliced into the human DNA, the HIV DNA is known as provirus. The provirus may lie dormant within a cell for quite some time. However, when the cell becomes activated, it treats HIV genes in almost the same way as human genes. First it uses human enzymes to convert HIV genes into messenger RNA. The messenger RNA is transported outside the cell nucleus, and is used as a blueprint for producing new HIV proteins and enzymes, much in the same way as the human body normally produce replacement cells.

Complete copies of HIV genetic material is contained among the strands of messenger RNA produced by the cell. These copies combine with newly made HIV proteins and enzymes to form new viral particles, which are then released from the cell. The enzyme protease plays a vital role of the HIV life cycle, as it chops up long strands of protein into smaller pieces, which are then used to construct mature viral cores. At that point the newly matured HIV particles are ready to infect another cell, and begin the replication process all over again. In this way the virus quickly spreads through the human body, and causes its host to become infectious. HIV is passed to others through bodily fluids; some fluids contain more of the virus than others.

Contrary to popular belief, people do not die of HIV, or of AIDS. They die of the opportunistic infections which accompany the complete loss of their immune system. Patients therefore must take a strong cocktail of medications to stop the virus from replicating and destroying their immune system. Some common drugs prescribed for AIDS patients, to stop the virus from replicating, include reverse transcriptase inhibitors, which prevent the viral RNA from being converted into human DNA; protease inhibitors, which prevent the virus from creating new mature viral cores; and integrase inhibitors, which prevent the viral DNA from being spliced into the human DNA within the cells.

Unfortunately, with those life-saving treatments for the virus come life-threatening side effects, from lethal liver damage to an overwhelming nausea which results in starvation and dehydration; when this occurs, it only worsens those same symptoms which can be caused by the virus itself. Over the years many drugs have been discovered to combat the side effects (those same side effects are found in many other medical conditions as well), and to increase the quality of life for those who are infected with the virus; some of those drugs and treatments are pharmaceutical in nature, and some are natural.

One of the non-pharmaceutical drugs, which has proven very helpful in battling the anxiety, overwhelming nausea and physical wasting which comes with the virus and its treatment, is marijuana. So effective is marijuana that scientists have even made a pharmaceutical version of the drug, used in chemotherapy patients as well as AIDS patients, which contains synthetic THC (the active ingredient in marijuana). However, many patients believe that the natural THC in marijuana works better than the synthetic version in Marinol, and science supports this belief. In studies of marijuana usage for medicinal usage, it was found that other chemicals found in marijuana have additional medicinal effects which complement the effects of THC. Furthermore Marinol is extremely expensive (Tom’s Marinol costs about $2200 per month, so severe is his nausea and gastrointestinal symptoms), and thus the drug is far beyond the financial reach of most patients; and for that reason they cultivate and smoke marijuana for medicinal purposes. While the black market cost of marijuana can be high, the plant can be cultivated at home from seeds, at very little cost to the patient.

In some states, it is legal for patients with a valid medical prescription to possess certain amounts of dried and cultivated marijuana for personal medicinal use. However, even in those states, the US Government – which has declared that marijuana is an illicit and therefore illegal drug – refuses to permit patients to use the cultivated form of THC. Patients are regularly arrested for merely possessing the substance which allows them to live a more normal life, and which in cases of extreme wasting seen in AIDS, is actually life-saving. This occurs nationwide, including in the states where marijuana is legal for medicinal use.

I do not advocate the casual use of marijuana (or any other drug, prescription or otherwise) to get “high”. I do strongly advocate the right of physicians and patients to determine the best course of treatment, and I believe the government has no right to interfere in the doctor/patient relationship when the patient is not being placed in untoward danger.

Enter Tom Faltynowicz. When Tom was diagnosed with AIDS in 1990, he was given “maybe a few years” to live. Eighteen years later, he is in a fight for his life, but it’s a fight of a very different kind.

In September 2007, law enforcement officials in his native Meade County received an anonymous call, stating that Tom had between 75 and 100 marijuana plants growing behind a metal building on his property. It is believed that the anonymous call came from Tom’s daughter, who was angry with him because he had recently stated his disapproval of her relationship with a particular man.

When Meade County Investigator Michael Walker and South Dakota Division of Criminal Investigation Agent John Griswold arrived at Tom’s home the next day, there were not 75 to 100 plants on the property, or even anywhere near that many; in fact, there were no plants out in the open at all. However, when asked by those officers about the accusation, Tom immediately admitted to growing marijuana to treat his medical condition. He even invited the officers into his home, so they can see where he was growing it, and he was completely cooperative at all times, even according to the police report regarding the incident. All told, the officers found five plants, and about four ounces of dried marijuana. There was never an allegation that the marijuana was being used for anything but his medical condition, and never an allegation that he was selling the marijuana. It remains undisputed that Tom was using the marijuana to treat AIDS, and the side effects of the many potent medications he takes to fight the virus.

Tom takes a total of four antiretroviral drugs to combat the HIV infection: Combivir (a combination of Retrovir and Epivir), Sustiva, and Viread. Each of these drugs, by themselves, come with potentially fatal side effects. All of these drugs can cause severe nausea, and can result in extreme anxiety as an additional side effect. In addition, Tom has been prescribed Marinol, the synthetic THC drug to combat nausea and vomiting, so there is no question that he suffers the side effects which are treated by marijuana, and there is no question that his side effects are severe based upon his dosage. However, Tom says that the marijuana is far more effective than the Marinol, since Marinol makes him so tired that he cannot function; and his physician is aware of and supports his use of marijuana to treat his symptoms.

Tom, though he has no prior criminal record with the exception of two prior misdemeanor convictions for possession of small amounts of marijuana – both of which occurred after he was diagnosed with AIDS – pled guilty to felony possession of marijuana. He faces a maximum of two years in prison, and a maximum fine of $4000; he could also be given probation. His sentencing date has been set for April 21st, before the Honorable Jerome Eckrich, Circuit Judge. Tom’s Infectious Disease Specialist, Dr. Traub, will speak at the sentencing hearing. The State Attorney has already said that he will not object to anything Dr. Traub might say. It appears that no one is interested in punishing Tom Faltynowicz; at the same time, under the law, his possession of marijuana – regardless of the reason why he possessed it – is a felony in the state of South Dakota.

Tom, however, is an exception to the reason that law was written. It was written to stop people from abusing the drug to get high, and to stop them from selling or otherwise providing it to others for the same illicit purpose. It is extremely doubtful the legislature was aware of the medicinal effects of marijuana when that law was passed, and it’s extremely doubtful the legislature ever intended to punish patients with a deadly disease. It’s even possible that the medicinal effects of marijuana were unknown to them when that law was passed, since it is hardly a new law. Nevertheless, since the law exists, it will be enforced, even against people like Tom who are using marijuana strictly for medicinal purposes.

This raises a number of questions. Even if Tom is merely placed on probation, and even if he stopped smoking marijuana altogether, using Marinol to control his symptoms would result in violation of probation, since he would test positive for THC during required drug tests. If he fails a drug test while on probation, he will be incarcerated.

If he is incarcerated, he will not only not have access to the drug which he needs to survive without excessive suffering due to overwhelming nausea, vomiting, physical wasting, and extreme fatigue; but the South Dakota Department of Corrections will be forced to pay for the extremely expensive antiretroviral drugs which fight the virus as well as the Marinol, at a cost of thousands of dollars per month to the taxpayers, in addition to the increased cost of incarceration for a man with an infectious deadly disease. As you should understand after my explanation of how those drugs work, and how the virus works, missing even one dose of his antiretroviral drugs could be catastrophic for his health, since it would allow the virus to replicate until the drug was again built up to a therapeutic dosage. Yet in a prison environment there is no guarantee that he will receive his life-sustaining medications at all, much less receive them on the schedule those drugs demand.

Tom has said that he will not stop using marijuana, because it allows him to live a relatively normal life. Without it, his body is wracked with pain, nausea, and vomiting; he is unable to eat or drink, and thus his body becomes even more weakened, even more unable to fight the virus, and even more prone to the many opportunistic illnesses, any one of which could easily end his life. This is especially true if he is confined in a jail or prison facility, given that there are large numbers of inmates living in close approximation.

To incarcerate Tom Faltynowicz would therefore place his life at severe risk, and as such would clearly constitute cruel and unusual punishment, as prohibited by the Eighth Amendment of the US Constitution. Furthermore, it would serve no purpose to incarcerate him, since his crime is merely possession of a drug which allows him to live with his disease and to continue take the cruel medications which literally keep him alive. He poses no threat to anyone and he is not selling or otherwise distributing the marijuana, nor has it even been suggested that he is selling or distributing the marijuana. Rehabilitation is also not a valid cause for his incarceration, since he merely uses the drug for medicinal purposes, and thus he is not in need of rehabilitation.

Society would not be served by incarcerating Tom Faltynowicz. The interests of justice would not be served by incarcerating Tom Faltynowicz.

As such, justice demands that the court show mercy by giving Tom Faltynowicz a suspended sentence, no probation, and whatever fine the court sees fit, as long as it is within Tom’s ability to pay said fine.  The courts should also order the return of Tom’s property; police seized property such as lights, and not just marijuana and implements for its use.  Those lights  should be returned.

Legislators Gone Wild: Heywood Jablome Edition

In Children, Civil Liberties, Constitutional Rights, Crazy Claims, Crime, Law, Law Enforcement, Lies and the lying liars who tell them, Local Politics, Nanny State, People in the news, Personal Responsibility, Police State, Politics, Republican, Shine on you crazy diamond on March 15, 2008 at 4:02 am

Tim CouchI’m not exactly sure why someone who sits on a state legislature (where he represents about two and a half obscure rural counties out of 120 counties in the state) thinks that he can legislate what everyone in the world does, but

Kentucky Representative Tim Couch filed a bill this week to make anonymous posting online illegal.

The bill would require anyone who contributes to a website to register their real name, address and e-mail address with that site.

Their full name would be used anytime a comment is posted. If the bill becomes law, the website operator would have to pay if someone was allowed to post anonymously on their site. The fine would be five-hundred dollars for a first offense and one-thousand dollars for each offense after that.

Representative Couch says he filed the bill in hopes of cutting down on online bullying. He says that has especially been a problem in his Eastern Kentucky district.

Ah, eastern Kentucky, home of one of this blog’s all-time favorite criminals, the Duct Tape Bandit. LOL. That probably answers my original question in this thread.

Aside from the logistics, in that it is absolutely impossible for a state legislature to legislate the behavior of everyone on the internet – no matter how hard they may try – is this a good idea?

Even though I covered the Megan Meier controversy to a great degree, I think it is a horrible idea, and I’ll tell you why.

What happened to Megan Meier was an anomaly. That poor young girl was mentally ill, as evidenced by the fact that she was prescribed not just anti-depressants, but also Geodon, an anti-psychotic. Her adult neighbor Lori Drew was well aware of this, so what she did to that child is absolutely unconscionable, whether one believes she is responsible for Megan’s death or not.

While I realize there are people who have mental illnesses on the internet – and sometimes I wonder if the majority of people posting on the internet have a mental illness – the internet is not a nanny, nor should anyone expect it to be. It is also not a place for children, or the otherwise weak at heart. It is definitely rated “R”, so no one who couldn’t get into an R-rated movie shouldn’t be here in the first place, unless they have parental guidance.

Some other parts of the internet are rated NC-17, some are rated X. With some websites, you don’t even realize you are going to an X-rated site until you are already there (another problem, but responsible internet users simply don’t click on unknown links in the first place).

I can write an article as ElfNinosGreatAuntTilley, and as long as I don’t harm anyone in the process, it is not a crime for me to do that. The right to anonymity is a basic right. It is a right which I exercise everytime I log onto this blog. It is a right which I exercise in my personal life on a fairly regular basis. The fact of the matter is that no one is entitled to know my name, in real life or on the internet. I’m not doing anything wrong, and in fact I do a lot to help others in life, but I like my privacy.

Why do I think it is important for me to post under a pseudonym? There are several reasons, all of which I feel are perfectly valid.

I used to regularly bust scammers on Quatloos, cooperating with the FBI and other law enforcement agencies to get these slimeballs behind bars where they belong, and in that capacity I angered some extremely dangerous people. Once I even angered a man who was a dirty ex-NYPD cop, and a former enforcer with the Colombo crime family (yes, the mafia). He had stolen millions from people in a scam wherein he pretended to be a loan company for people who can’t get conventional loans, and he would charge them a large up-front fee. He did his best to ascertain my real identity, and made multiple threats of physical violence against me, including both murder and rape.

In a situation like that, I have two choices. I can either bust the guy under a pseudonym, and be able to sleep at night, or I can do so under my real name, and end up moving every few months. I choose to stay put.

As most of you are aware, I am a professional writer, and I write about true crime as well as criminology issues. However, I didn’t sign up for the publicity which comes with that. I have a unique name, and I don’t want people coming onto this blog to ask me the same questions I’ve been asked (and answered) a million times, and harassing my friends who visit this blog; yet I have every reason to believe they will do that, because that’s what they did when I had a professional website. I just want to be me when I’m here, and I want others to feel comfortable posting here as well.

Tim Couch may not think those are valid reasons for me to not use my real name on the internet, and he’s entitled to his opinion. At the same time, I didn’t elect him, and I don’t live in Kentucky, so his opinion could not possibly be more irrelevant to me.

The fact of the matter is that there are more than enough laws already on the books to handle any situation which might arise on the internet, regardless of whether the person is using their real name or a pseudonym. There are laws against stalking, harassment, obscenity, and other problems. Sure, it might not be easy to find the perpetrator, but it’s not always easy to find perpetrators in real life either.

There are laws to cover what Lori Drew did to Megan Meier, too, if the authorities would use their heads. She could be charged under child abuse laws, stalking laws, harassment laws … the list goes on and on. I don’t know why they decided to not charge her, but that doesn’t mean she couldn’t be charged if the prosecutor wanted to do so. Of course, now a federal grand jury is considering charges against her for wire fraud, since she used a false name on MySpace for the specific intention of stalking and harassing another person (though that’s a Catch-22, since Megan Meier also falsified her age with her mother’s permission, as she was otherwise too young to have a MySpace account). It’s not a problem to use a false name in and of itself. It only becomes a problem when someone uses a false name in order to commit a crime, which is something the vast majority of people on the internet will never do.

So, in a nutshell, I think Kentucky State Representative Tim Couch needs to worry about things which are actually under his control. He is not in a position to legislate the internet, since he is just a state legislator. He has, like a typical politician, grabbed onto a controversial issue to get publicity. Even if his law passes, he is only giving his constituents a false sense of security on the internet since the law would not apply to anyone outside that state; he’d do a far greater service to his constituents if he introduced a bill to fund a public information program about the internet, or requiring that children in his state be educated about the dangers of the internet. He knows or should know that he has no jurisdiction to legislate the internet. If he doesn’t know that, he isn’t smart enough to be making laws in the first place.

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Originally posted on Adventures In Frickintardistan

Missouri wants to outlaw cussing in bars

In Big Brother, Civil Liberties, Constitutional Rights, Entertainment, Law, Local Politics, Music, Nanny State on January 17, 2008 at 12:03 am

International Loud Cussing SymposiumIn St. Charles, Missouri, officials are considering a bill which would ban profanity, table dancing, drinking contests, and any other type of indecent, profane or obscene music, literature, and entertainment in bars. They claim the law is needed to keep rowdy bar crowds in the historic downtown district under control.

They don’t seem to care that the behavior they find so reprehensible is taking place on private property. They also seem to be overlooking the undeniable fact that it’s none of their fucking business what anybody does on private property, as long as the property owner doesn’t mind.

If people in that area aren’t careful, they’ll ban consuming alcohol in bars next.

Bar owners, needless to say, are opposed to the measure, saying it is a violation of their civil rights. Marc Rousseau, who owns a bar called R.T. Weilers, said, “We’re dealing with adults here once again and I don’t think it’s the city’s job or the government’s job to determine what we can and cannot play in our restaurant.”

Rousseau is absolutely correct.

St. Charles officials are obviously trying to take all the fun out of going to a bar. I’m not a big drinker at all, and while I did hit the bars regularly when I was young, I now only drink occasionally. However, the last time I went to a bar (on New Year’s Eve) people were hootin’ and hollerin’ and drinkin’ and cussin’, and a good time was had by all. I really don’t see what the problem is, except that city leaders seem to have an overly tight anal sphincter. What they really need is a good stiff drink to loosen that up.

There is no doubt that the proposed measure won’t withstand court scrutiny due to being overly broad and therefore not enforceable (not to mention being a violation of bar patrons’ and bar owners’ constitutional rights), but city officials don’t seem to mind that bar owners will be forced to spend money unnecessarily to challenge the law. Outrageous.

__________________________

Source: AP: Bill would ban swearing in bars

Originally posted by ElfNinosMom on Adventures in Frickintardistan 

Government unveils Real ID plans

In Big Brother, Civil Liberties, Congress, Fraud, Immigration, Law, Lies and the lying liars who tell them, Nanny State, Police State, Terrorism, US Government on January 11, 2008 at 12:03 am

Drivers license photo at DMVIn the next six years, Americans born after December 1, 1964 will be required to get more secure driver’s licenses under the Real ID Act. Real ID was passed in 2005, and is supposed to make it harder for terrorists, illegal immigrants, and con artists to get government issued identification. Originally the new IDs were supposed to be introduced this year.

States, however, have balked at the idea, believing it to be either unnecessary or unduly expensive. The ACLU has vehemently objected to the sharing of personal data among government agencies, which will occur under Real ID. While the Department of Homeland Security claims that the only way to make sure an ID is safe is to check it against secure government information, the American Civil Liberties Union says it will only make it more likely for identities to be misused or stolen.

Furthermore, the ACLU claims REAL ID will be the “first-ever national identity card system,” which “would irreparably damage the fabric of American life.”

While I’m glad to note that I will be exempt, at least until 2017, it still bothers me. It’s just too much like asking for my “papers”, as far as I’m concerned. On the other hand, at least the government realizes that someone my age (45 now, will be 51 when the law goes into effect) is highly unlikely to be a terrorist, which is what I have been saying all along whenever I get hassled about flying or whatever. I’m one of those people whose kids are out of the house, and now I’m joyfully awaiting the day when I have grandchildren. People like me are not terrorists, except when it comes to our daughters-in-law. 😉

Under Real ID, the cards will have three layers of security but will not contain microchips; and states will be able to choose which security measures they will put in their cards. Also, the driver’s license photograph would be taken at the beginning of the application instead of at the end, in order to keep the applicant’s photo on file to check for fraud.The government expects all states to start checking the social security numbers and immigration status of license applicants.Most states already check Social Security numbers, and about half already check immigration status. Some states are already using many of the security measures of REAL ID. For example, California expects the only real change in their current procedure will be to take the photo at the beginning of the application rather than at the end.

Once the social security and immigration checks become practice nationwide, Homeland Security will move on to checking with the State Department when people use a passport to get a drivers license (why don’t they already do that?), verifying birth certificates, and checking to make sure the person doesn’t have more than one license.

As if getting a drivers license and dealing with the DMV bureaucracy isn’t already a major pain in the ass, it will get worse. And it will be easier for people to steal your identity. Hmmmm ….. this sounds like a very, very bad idea to me. Just get states to do what they should already be doing (check social security numbers, check immigration status, check to make sure they’re who they claim to be when they use a passport to get a drivers license, require that lost or stolen licenses be reported within a certain period of time) and everything should be fine.

Law-abiding American citizens should not get an even bigger hassle in dealing with government red tape, just because a few people are assholes. And I will always be wondering whether the jerk clerk at the DMV is stealing my identity more thoroughly than any thief ever could, thus encouraging widespread paranoia and the attendant reliance upon the government which comes with it.
Of course, that’s what the government wants. They want us to depend upon them for everything, because that gives them power over us. God forbid that everyone simply be responsible for themselves.

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Source: CNN “US Unveils New Driver’s License Rules”

Originally posted by ElfNinosMom on Adventures in Frickintardistan

Fed wiretaps disconnected due to nonpayment of phone bills

In Big Brother, Civil Liberties, Constitutional Rights, Corruption, Humor, Law Enforcement, Lies and the lying liars who tell them, Media, Nanny State, Police State, US Government on January 10, 2008 at 12:15 am

FBI LogoWe can’t even trust the government to pay their phone bills, so why should we trust them to not misuse wiretaps?

WASHINGTON (AP) — Telephone companies have cut off FBI wiretaps used to eavesdrop on suspected criminals because of the bureau’s repeated failures to pay phone bills on time.
One FBI office had $66,000 in unpaid telephone bills.

A Justice Department audit released Thursday blamed the lost connections on the FBI’s lax oversight of money used in undercover investigations. Poor supervision of the program also allowed one agent to steal $25,000, the audit said.

In at least one case, a wiretap used in a Foreign Intelligence Surveillance Act investigation “was halted due to untimely payment,” the audit found. FISA wiretaps are used in the government’s most sensitive and secretive criminal investigations, and allow eavesdropping on suspected terrorists or spies.

“We also found that late payments have resulted in telecommunications carriers actually disconnecting phone lines established to deliver surveillance results to the FBI, resulting in lost evidence,” according to the audit by Inspector General Glenn A. Fine.

Read the entire article on CNN.

Out of Town Pastor and LP City Council Member Push For Prohibition in Anna Texas

In Nanny State on October 6, 2007 at 7:29 am

Keep Anna Wet

Tonight, I ventured to Fossil Creek Liquor in Anna. Upon checking out I asked the employees what I could do to help them prevail against the nannystaters. They advised me to vote in the upcoming election. Not being a citizen of Anna, they suggested I visit Keep Anna Growing.

I can’t believe that some nosy, out of town pastor started this quagmire. I have a problem with people who try to legislate their opinions, especially when it comes to alcohol/beer/wine. Does this man not know that Jesus didn’t have a problem with drinking in moderation?

It’s too bad we can’t find a way to convince people to boycott Harvest Time Church in Lancaster (which doesn’t have an online link by the way). Hopefully residents will vote City Council Member Billy Deragon out as he is working in collusion with Lancasters’ very own official church of the nanny state.

Mayor Pellham seems to be a keeper though, I wish the mayor in my town was a cool as he appears to be.

This article pretty much sums up how the entire fiasco began.

Mr. Gonzales, who helped defeat alcohol elections in Lancaster and Cockrell Hill, doesn’t feel sorry for Anna store owners who would have to close if the measure passes.

“Nothing in life is fair,” he said. “That’s the democratic system we live in. Just like they have a right to put it in, we have a right to take it out.”

What if the shoe were on the other foot and people were able to take away Mr Gonzales’ right to operate his state assisted church? Let’s put that up for a vote shall we? What a heartless “man of G-d” and he calls himself a pastor? I have had enough of these do gooder preacher types. It isn’t hard to see why so many people are turned off by religion these days.

*****UPDATE***** Among those supporting the alcohol ban is Kevin Anderson who was elected to Anna’s City Council as a Libertarian back in May of 2006. This story continues to become even more interesting.

Hat Tip/Wes Benedict

Georgia District Attorney: Lawyer and Child Porn Peddler

In Children, Nanny State, Personal Responsibility on July 12, 2007 at 8:53 pm

Federal Prosecutors have asked David McDade a Georgia D.A. to stop distributing a very controversial tape which shows teenagers engaging in consensual oral sex which was illegal under an old Georgia law which landed a black high school football star in prison for 10 years.

McDade is no porno kingpin, but a district attorney. And he says Georgia’s open-records law leaves him no choice but to release the footage because it was evidence in one of the state’s most turbulent cases — that of Genarlow Wilson, a young man serving 10 years in prison for having oral sex with a girl when they were teenagers.McDade’s actions have opened him up to accusations that he is vindictively misusing his authority to keep Wilson behind bars — and worse, distributing child pornography.

Earlier this week, Georgia’s chief federal prosecutor, U.S. Attorney David Nahmias, said the video “constitutes child pornography under federal law,” and he called on McDade’s office to stop releasing copies.”These laws are intended to protect the children depicted in such images from the ongoing victimization of having their sexual activity viewed by others,” Nahmias said.

The law Wilson was convicted of breaking made consensual oral sex between teens a felony. It has since been changed by the Georgia Legislature. But the state’s courts have held that the new law cannot be applied retroactively.A judge last month called Wilson’s sentence “a grave miscarriage of justice” and ordered him set free. But prosecutors are trying to block his release. The Georgia Supreme Court is set to hear the case next week.

I agree that Genarlow Wilson shouldn’t be in prison in the first place however did he get permission from the young ladies to videotape this affair; that would be my main concern especially as a parent. The individuals involved on the tape have already been humiliated by the media, their community and probably their parents. I feel that the DA is probably out to vilify the young man even further and make him out to be the monster he probably isn’t. I think the people in the county the DA represents should sue the local government for wasting taxpayers money for the use of peddling child pornography!

How to be a successful drug dealer and get away with it

In Big Brother, Civil Liberties, Constitutional Rights, Corruption, Drug War, Fraud, George Bush, Health, Human Rights Abuses, Law Enforcement, Nanny State, Personal Responsibility, Police State on July 6, 2007 at 10:49 am

Also posted at Leave the Gun, Take the Cannoli

Another Disgusting Jesse Jackson Moment

In Constitutional Rights, Crime, Nanny State on June 26, 2007 at 12:37 am

Jesse Jackson is back and more anti-gun than before! This time he wound up somewhere he should be permanently….JAIL! He and his comrade Rev. Michael Pfleger were arrested for criminal trespass while protesting at a local gun shop in suburban Chicago.

“I think people have the right to bear arms at a hunting reserve. But you’re not hunting deer with semi-automatic weapons,” Jackson said in a phone interview. “We’re going to keep protesting until America becomes more conscious of the domestic terrorism allowed by guns.”

I don’t think Jesse Jackson ever read the 2nd Amendment. It clearly states that every American has the right to bear arms whether it’s in their homes, cars, on their persons not just at the hunting reserve.

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

The 2nd Amendment is clear to me. I’ll say that arms could include private ownership of tanks, fighter jets, rocket launchers, grenades, ect…. Protesting at a legal business is not the solution. You should be encouraging law-abiding citizens to take up arms to protect themselves against gangs, rapists, thieves and murderers. Disarming the people is not going to eliminate the problem, it will lead to increased crime.

Jesse Jackson doesn’t get it-people kill people, not guns! Another tidbit for Uncle Tom…I mean Jesse…the domestic terrorist you speak of lives at the White House and most members of Congress, not gun owners exercising their RIGHTS!

McCain: The Manchurian Candidate

In Censorship, Civil Liberties, Communism, Constitutional Rights, Corruption, Fraud, History, Iran, Iraq War, Middle East, Military, Nanny State, Personal Responsibility, Police State, Politics, Second Amendment, Terrorism, War on May 18, 2007 at 6:41 am

With all the attention we have been paying to Republican Presidential candidates Adolf Giuliani and Ron Paul lately, I thought it would be only fair to say a word or two about creepy warmonger
John McCain.

Here he is singing “bomb, bomb, bomb, bomb, bomb Iran” and laughing about it.

What did the Iranians ever do? Never mind, war criminal McCain has never met a war he didn’t like.

McCain can’t help but remind me of the
Manchurian Candidate.

This illustrious member of the Keating Five Savings and Loan scandal Senators and noted gigolo is also well known for the McCain-Feingold Incumbent Protection Act.

Somewhat less well known is that he also co-sponsored the McCain/Lieberman gun show bill, which would have given the federal government the administrative power to prohibit all gun shows, and to register everyone who attends a gun show. According to wikipedia, “Since 2004, McCain has gained the unique distinction of receiving an F- rating from Gun Owners of America; and further unlike any other 2008 Republican Presidential Candidate has a dedicated section/compendium within the GOA web site, which contains numerous pages relating to John McCain’s very own anti-Second Amendment initiatives while in the Senate”.

Wikipedia also points out that he hired a board member of the Project for the New American Century, Randy Scheunemann, as his foreign-policy aide and is considering Billion Dollar Bob Riley for veep.

Oh, and his anti-torture provision? Not all it’s cracked up to be.

To sum it all up, I have to give McCain the maximum number of flushes.

Immigration hysteria being used as an excuse for rise of US police state

In Civil Liberties, Communism, Constitutional Rights, George Bush, History, Immigration, Nanny State, Police State, Terrorism on May 17, 2007 at 4:32 pm


“And he causes all, both great and small, rich and poor, free and bond, to receive a mark in their right hand, or in their foreheads: And no man might buy or sell, save he that had the mark” (Rev.13:16-17)

Earlier we reported that the illegal immigration hysteria is being used to justify the construction of an American gulag, which has been the subject of plans for rounding up large numbers of Americans, not just immigrants.

In addition to SS numbers, as well as walls such as the one Bushling wants on the border with Mexico, and concentration camps, police states are well known for requiring their subjects to carry their papers and produce them on demand.

Immigration is being used as an excuse to implement this same system in America.

Homeland Stupidity reports:

Read the rest of this entry »

Yeah, saw this coming.

In Civil Liberties, Nanny State, Politics, Second Amendment on April 30, 2007 at 6:40 pm

Virginia caves to the black ribbon crowd.

Gov. Timothy M. Kaine on Monday closed the loophole in state law that allowed the Virginia Tech gunman to pass a federal background check and buy the weapons used in the massacre.

Kaine issued an executive order requiring that a database of people banned from buying guns include anyone who is found to be dangerous and ordered to undergo involuntary mental health treatment.

It’s not particularly annoying, but it’s still an expansion of state power, done in the name of nannystatist fearmongering. “OMG KOREAN ZERG RUSH NEVAR FORGETT!!!11eleventyone!” Yeah, this is bullshit.

More States Reject Real ID Act

In Big Brother, Civil Liberties, Constitutional Rights, Libertarian, Nanny State, Police State, Politics on April 19, 2007 at 8:28 pm

Is it Aaron Russo’s movie that should get credit for this or maybe people in these states have the common sense to do the honorable thing to reject such unconstitutional legislation. Both governors of Montana and Washington this week have signed bills reject the Real ID Act

The Washington state bill is part of a growing rebellion against an expensive federal mandate that the American Civil Liberties Union says would threaten personal privacy. The new state law says Washington will not implement the new Real ID system unless: Uncle Sam foots the bill, the government takes steps to ensure that privacy and data security concerns are addressed and the system doesn’t place unreasonable costs or record keeping burdens on the average citizen.”This is another unfunded mandate from the federal government and, even worse, it doesn’t protect the privacy of the citizens of Washington,” Gregoire said in signing the bill.”Washington will not spend the $250 million without a guarantee of privacy and federal funds to help fund it.” Montana’s law blocks the state from implementing the national rules.

There already is a list of unfunded mandates that the state have to comply with including the No Child Left Behind Act. The federal government and their over-bloated debt and budgets have shifted these costs to the states in order to pay for a police action over in Iraq. Read the rest of this entry »

The Virtue of Trust

In Constitutional Rights, Economics, Nanny State, Personal Responsibility, Politics, Second Amendment, Socialism on April 19, 2007 at 8:01 pm

Here is some mental tobacco for you to chew on – “In order to flourish and survive, we must trust our fellow humans”. A trusting and open society is also a safer, healthier and flourishing society. Despite the fact that several of us may have jobs where we deal with people of poor quality, I believe that the population, as a whole is more worthy of trust than we are led to believe. You may be thinking that I am being too optimistic here, but please consider what I have to say.

When you drive, you are placing your trust in your fellow man. You expect people to follow the rules of the road and operate their vehicles in a safe manner. When you drive, not only are you are placing trust in your fellow humans; you are also placing trust in “the great unknown”. When traveling you are placing trust in your pilot, hotel staff, taxi driver, mechanics,concierge etc. Each time you dine at a restaurant or shop at a supermarket, you are placing trust in the providers of those goods and services. Think about all of the transactions you make on just a daily basis. Unless you are a hermit and are completely self-sufficient, you must rely on the goods and services of others. Read the rest of this entry »

Feeding Homeless A Criminal Offense In Orlando

In Big Brother, Censorship, Civil Liberties, Crime, Economics, Health, Law Enforcement, Nanny State, Personal Responsibility, Police State, Politics on April 5, 2007 at 3:58 pm

Orlando police have unbelievably arrested 21-year-old Eric Montanez, an activist with the charity “Food Not Bombs”, for feeding 30 homeless people in downtown Orlando.

A city ordinance, supported by businesses which claim the homeless frighten away customers, prevents feeding more than 25 homeless persons within two miles of Orlando City Hall. The law does allow charities to feed more than 25 people at a time with a special permit, but only allows two such special permits per year. Perhaps they feel charitable only on Christmas and Thanksgiving?

I’ve been in downtown Orlando. It’s no different from any other large city, insofar as the homeless population is concerned. It’s also nothing special, and chances are this ordinance has little to do with the homeless frightening customers, and everything to do with the people who work downtown not wanting to deal with them.

Police videotaped Montanez as he fed the needy some stew from a large kettle. They later arrested him and charged him with a misdemeanor for violating the ordinance, and took a sample of the stew as evidence. A police spokesperson said that Montanez is the first person to be arrested under the controversial law.

Frankly, I hope he prevails in court, and that the law is found to be unconstitutional. After all, it is a restriction on the First Amendment right to peaceably assemble. Besides, charities historically have done a much better job of caring for the needy, but that wouldn’t let the government have quite so much control, would it? The charities go where the needy are, and in most cases, they’re downtown. The government needs to butt out, and let the charities do what they do best.

I also have to wonder if there is any connection between this action and the name of the charity, “Food Not Bombs”. There may be more to this than meets the eye.

City Wants to Seize Homes Over a $5 Parking Ticket

In Big Brother, Law Enforcement, Nanny State, Police State, Terrorism on March 25, 2007 at 4:32 pm


The Alex Jones Infowars website
reports (links added by me):

The city council in Brooksville, Florida voted this week to advance a proposal granting city officials the authority to place liens and foreclose on the homes of motorists accused of failing to pay a single $5 parking ticket. Non-homeowners face having their vehicles seized if accused of not paying three parking offenses.

According to the proposed ordinance, a vehicle owner must pay a parking fine within 72 hours if a meter maid claims his automobile was improperly parked, incurring tickets worth between $5 and $250. Failure to pay this amount results in the assessment of a fifty-percent “late fee.” After seven days, the city will place a lien on the car owner’s home for the amount of the ticket plus late fees, attorney fees and an extra $15 fine. The fees quickly turn a $5 ticket into a debt worth several hundred dollars, growing at a one-percent per month interest rate. The ordinance does not require the city to provide notice to the homeowner at any point so that after ninety days elapse, the city will foreclose. If the motorist does not own a home, it will seize his vehicle after the failure to pay three parking tickets.

Any motorist who believes a parking ticket may have been improperly issued must first pay a $250 “appeal fee” within seven days to have the case heard by a contract employee of the city. This employee will determine whether the city should keep the appeal fee, plus the cost of the ticket and late fees, or find the motorist not guilty. Council members postponed a decision on whether to reduce this appeal fee until final adoption of the measure which is expected in the first week of April.

Ordinance No. 743 (Brooksville, Florida City Council, 3/19/2007)