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Archive for the 'Commentary' Category

Kelo v. New London update

June 23rd, 2008, 1:18 pm by Scott Shackford

Over at Reason, one of the litigators for the now-famous eminent domain Supreme Court decision describes what has happened three years after the court ruling.

The house at the center of the case has been moved. And the project that the city used to justify taking it under eminent domain practices … is pretty much dead.

You know, that’s another argument against eminent domain abuse that didn’t even occur to me. Private projects and developments change all the time. Sometimes they die entirely. Keeping eminent domain confined to an identifiable public need — like a courthouse or school — doesn’t guarantee a project’s completion, but it is certainly more likely than a huge complicated private development.

Imagine if the City of Barstow had used eminent domain to get the land for one of these proposed housing developments that haven’t and maybe won’t come to pass. People forced to move and buildings bulldozed. And then, the developers don’t have enough money or can’t actually complete the project.

That’s something to keep in mind when a municipality defends its eminent domain abuse for economic development projects. There’s absolutely no way of truly knowing whether the project will ever come to fruition.

More Prop 98/99 analysis

June 11th, 2008, 3:04 pm by Scott Shackford

Damon Root over at Reason Magazine analyzes why Proposition 98 failed and Proposition 99 passed and came to the same conclusion as me and other eminent domain observers: We need a proposition that limits eminent domain and does nothing else.

“Click it or Ticket” experiences

June 10th, 2008, 5:03 pm by Scott Shackford

My editorial for Wednesday is about the wasteful spending behind the state’s seat belt public safety campaign. Paying officers overtime to check to see if folks are wearing seat belts? Really? Is this really a smart way to spend tax money?

I had my own experiences with this program last month. While I was driving down to Ontario to catch a flight, I was pulled over by a CHP officer for apparently no reason other than to see if I was wearing a seat belt. I was. Fortunately I always make sure to give plenty of padding time to get to the airport, given the potential bottleneck of the Cajon Pass, and it was just a slight nuisance.

Then, toward the end of May, I returned back from another trip on a Friday and of course got caught up in crawling traffic on Interstate 15 heading toward Cajon Pass. I wondered if this was just typical holiday traffic (Memorial Day weekend) or if there was an accident or problem up ahead. My car slowly crept along the highway, approaching one of those big signs they put in place to warn about traffic conditions or Amber Alerts. Maybe it would tell me what was going on?

Nope. Instead, it read: “Click it or Ticket.” That’s it. The sign’s intended use was subverted as well for some wasteful campaign.

A county government action I can actually support

June 4th, 2008, 2:42 pm by Scott Shackford

A press release that arrived yesterday:

SAN BERNARDINO - San Bernardino County Supervisors Dennis Hansberger and Josie Gonzales are hosting a free workshop this week to help local non-profit organizations secure dollars from major foundations.

The “Meet the Funders” forum, featuring a panel of grant-making foundations, will be held Friday, June 6, from 8:15 a.m. to 3:00 p.m. in the Board of Supervisor’s Chambers located in the County Government Center, 385 North Arrowhead Avenue, San Bernardino.

Representatives from major funding institutions, such as the Bank of America Foundation, the California Endowment, James Irvine Foundation, Verizon Foundation, and the Washington Mutual Foundation will meet face to face with local non-profits primarily serving the County’s third and fifth district residents.

Daniel Foster, Chief Executive Officer of the Riverside Arts Museum, will lead a panel discussion to educate local organizations on how to effectively approach these foundations for funding focused in the areas of health and human services, homeless, education, youth, and the arts.

That’s right, folks in county government are going to help non-profits learn how to turn to private foundations to try to get money for programs instead of begging for public money. Kudos! Brad Mitzelfelt should join them, but then he wouldn’t have press releases to send out crowing about his involvement in getting funding for High Desert organizations.

Was rent control change in Prop 98 a bad idea?

May 29th, 2008, 8:49 am by Scott Shackford

I received a press release from the No on 98 folks crowing about the latest polls that show the proposition losing and losing pretty badly next Tuesday.

Given that the entire campaign against the proposition is based on the rent control provision, I do have to wonder if it was a mistake to include it. We ran a guest commentary from Timothy Sandefur explaining in detail why the rent control issue isn’t a big deal, but sadly in some situations it is tough to fight emotional arguments with rationality.

Somebody needs to just suck it up and write a ballot initiative that restricts eminent domain and does nothing else, period. There’s too much mission creep going on. I understand the arguments for getting rid of rent control and keeping local government from abusing the zoning process to get what they want, and I agree, but this is a battle fought in increments. Let’s re-establish the proper use of eminent domain first and then wage the other battles.

I’m also disappointed in the number of newspapers who have fallen for the horrible arguments that have been presented to kill 98 and approve 99. You’d think an industry that requires government respect for the Bill of Rights in order to function would have a little more appreciation for property rights. But, sadly, for many newspaper editorial writers, the strength of your rights seems to weaken based on the amount of money you have. If you own a mobile home, you have all sorts of rights. If you own a mobile home park, well then, forget it.

Well … there goes my vote

May 16th, 2008, 9:26 am by Scott Shackford

These days, most speeches from gay activist organization leaders tend to inspire eye rolls from me. I’m not that interested in identity-based politics, and it frequently feels impossible to connect with gay political movements unless you’ve purchased the entire liberal identity package and think the government can make everybody get along. You also have to be willing to act like a victim, and I can’t stand doing that.

However, as a libertarian, my belief in the bedrock foundation of civil liberties is no different from theirs (the difference is where the foundation ends). I believe, and I have said before, that marriage is a right. We treat marriage as a right. As such I believe the U.S. Constitution already endorses gay marriage in the Ninth Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Essentially, just because a right isn’t laid out specifically in the Constitution does not mean said right doesn’t exist. But that’s considered a radical argument in today’s era of nanny government. The government gives you rights now, when it once existed to make sure your rights weren’t taken away.

I’m getting a little too far ahead, actually, as yesterday’s gay marriage decision was based on California’s Constitution, not the United States’. The judges determined denying marriage to same-sex couples violated the state’s constitution.

The responses from gay marriage opponents have been predictable, but no less frustrating. Apparently the definition of an activist judge is one that makes decisions you don’t like. Consider the response from our own county supervisor, Brad Mitzelfelt: “In 2000, the people of this state overwhelmingly supported Proposition 22, defining marriage in state law as a union between a man and a woman. With this decision, the Court has chosen to overrule the will of millions of California voters.”

Well, yes, Mr. Mitzelfelt, when millions of California voters approve a proposition that violates the state’s constitution, the court is supposed to strike it down. Determining the constitutionality of legislation is what the state Supreme Court is for.

Our congressional representative, Howard “Buck” McKeon, is also either dense or cynically manipulating the matter to get votes: “[U]nder no circumstance should the courts be allowed to show such utter disregard for the democratic process. In this case, it appears partisan politics and personal opinions are taking precedence over the rule of law; and that’s an alarming turn of events.”

Yes, actually, the court is supposed to overrule the democratic process if the democratic process produces an outcome that violates the state constitution. That’s how the “rule of law” works. Now, if you want to debate whether the judges have misinterpreted the wording of the constitution, that’s one thing, but a legislator who doesn’t understand the role of the court is a legislator who isn’t fit for office.

Let’s try changing the parties involved here to see if I can’t get my point across. According to a 2007 report from the California Secretary of State, registered Democrats make up 42.5 percent of all voters and Republicans account for 34.2 percent in this state.

So let’s say a group of Democrats got together a petition that said the State of California would not recognize marriages between registered Republicans. In theory, such a petition could pass, given the Democrats have the Republicans outnumbered. Would Mitzelfelt and McKeon accept the will of the people under such circumstances?

No, of course not, because, and I’m sure they’d agree, the state doesn’t have the right to deny the marriages of Republicans. So what makes this case different?

The state has no business deciding the legitimacy of a family, nor does it have any business validating relationships between consenting adults. I will not vote for candidates who believe that the government is the hammer to help them beat people into submission so that they may build their fantasy utopia. If private individuals choose to believe my marriage wouldn’t be valid with another man, or if churches decline to perform them, then that’s certainly their right. But I won’t have the government making that decision for me — or them.

Don’t expect my vote in June, Mitzelfelt. I don’t vote for those with no respect for basic civil liberties.

Wedding news

May 15th, 2008, 1:44 pm by Scott Shackford

I’m very happy about today’s California Supreme Court decision regarding gay marriage, though I know there are many people in our area who are probably not.

I’m leaving myself out of the decision-making process in the newsroom (a very rare occurrence) as I have absolutely no objectivity on the matter, letting the staff decide how to run the coverage of the decision.

I will be out of town next week for a business conference, but I’ll try to put something together as an editorial comment for Monday’s Desert Dispatch. My editorial will be one of my less formal ventures in order to account for my personal stake in the debate.

Know your audience

April 22nd, 2008, 9:50 am by Scott Shackford

We’ll be running The Orange County Register’s editorial about Propositions 98 and 99, the competing eminent domain measures on the ballot in June, in Wednesday’s Desert Dispatch.

I know some folks tend to ignore the editorials we run from other newspapers, but OCR’s editorial writers are experts when it comes to eminent domain issues, and they’ve certainly taught me a thing or two. I consulted with one of their editorial writers, Steven Greenhut, before taking my position in support of Proposition 90 back in 2006. I will ultimately write my own editorial prior to the June vote, but OCR’s editorial writers are saying what I plan to say anyway.

Whenever there’s a state proposition on the ballot, I get inundated with press releases and phone calls from folks hoping to bend my ear and influence our editorial stance for the vote. Yesterday I took a call from a polite woman who wanted to encourage us to take the exact opposite stand that we’re taking. I don’t argue with these folks, because there’s no point in it. It’s not like I’m going to convince this paid shill to change sides. But it did amuse me that she clearly had no understanding of our libertarian editorial position (not that I blame her; at times I feel Freedom Communications is pretty much alone in the mass media wilderness in our worldview). She attempted the “bandwagon” argument by pointing out all the government agencies and organizations that oppose Proposition 98 and support Proposition 99, unaware that this actually makes me more skeptical of her claims.

Her big misstep, which they keep repeating in their e-mailed press releases, is try to convince me to oppose Proposition 98 on the grounds that it harms rent control laws. I don’t support rent control laws (and I say this as somebody who rents a house), so this argument has the exact opposite effect of their intentions. And they’re not convincing me otherwise with such arguments as “Proposition 98 hurts real people,” somehow suggesting that people who rent property are not real people and don’t have rights.

What should replace the drug war?

April 3rd, 2008, 9:08 am by Scott Shackford

The United Way in Barstow is in the middle of determining the allocation of its donations to its local member agencies for the year.

I was invited to participate in one of United Way’s allocation subcommittees, which visits the agencies to see what they do and serves as a form of oversight to make sure United Way donors’ money doesn’t go to waste.

One of the agencies I visited was New Hope Village, a transitional housing complex for homeless adults and families that works to make them self-sufficient members of our community. I met a couple of the complex’s residents, recovering addicts who are working to put their lives back together. According to Executive Director Angela Pasco, many of them have destroyed their credit ratings, making it difficult for them to overcome their problems even after fighting back their addictions.

New Hope Village struggles as well, trying to secure enough funding to keep their modest efforts going. Pasco said they’d like to expand to offer more apartments for needy families. They rely a lot on donations to furnish the apartments they offer. They do a lot with a little.

A couple of weeks ago a wrote an editorial chiding State Sen. George Runner and Assemblywoman Sharon Runner for trying to compound the failures of the drug war by increasing penalties for meth use and sales. Their “Safe Neighborhoods Act” is a costly waste of time that attempts to garner support for their own ambitions by appealing to people’s fears.

And so you may ask, “Well then, what’s the alternative?” Places like New Hope Village are the alternative. Residents get assistance with meeting basic needs, training and help with their problems so that they learn to overcome them, and most importantly, they’re also held accountable for their actions. They are neither discarded, nor coddled. They are treated like adults, not wards of the state — but also not like helpless children.

We need more places like New Hope Village, not more prison cells.

When you can’t change the world, make a new one instead

March 5th, 2008, 6:02 pm by Scott Shackford

Gary Gygax, the co-creator of Dungeons and Dragons, died Tuesday morning at 69.

I was a big Dungeons and Dragons nerd up until I graduated college and became a journalist. I have no regrets and am not at all embarrassed by saying so. The game fostered the kind of creative activity that was unmatched by the card and board game culture it preceded to the point that some adults felt threatened by the concept. I still remember laughing at certain religious critics who believed that gamers were actually trying to cast magic spells in the real world as though they would actually work. As there were no reported increases in school bullies evaporating in a beam of green light, we now know that’s simply not true.

Dungeons and Dragons’ influence on the future of fantasy culture is obvious. It pushed forward a revival in the fantasy genre, in books first, but eventually on film as well. Its influence on the gaming culture that exists today cannot be understated.

But there’s more. Any psychologist can explain the importance of “play” on the development of a child — developing physical and mental abilities that will eventually help him or her overcome barriers in life. So how does Dungeons and Dragons fit in?

Well, consider that when us Generation X gamer nerds reached adulthood, the job market didn’t quite know what to do with us. There was a lot of press in the late ‘80s and ‘90s about Gen Xers having to work a succession of horrible, dead-end jobs to make ends meet.

A lot of that has changed, now, but why? The answer is that there is an entire business and commercial culture based around computer and communication systems that didn’t exist back then. And this culture was built largely by those former Generation X youths. The experience of creating new worlds and challenging our intellect and creativity helped foster a generation comfortable with creating new systems and changing dynamics in the real world.

Gary Gygax’s influence spread much further than even he probably realized. So much technological innovation in the world has come at the hands of those who spent hours, days, weeks, even years, crafting entire imaginary systems, cultures, and worlds. It should not have come as a surprise that ultimately such creativity would push out into the world of business and commerce as we grew older.

So rest in peace, Gary Gygax. By influencing a generation to create worlds of their own, you have ultimately contributed to significant, invaluable creations in the world we actually live.

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