Magnifisyncopathological

And not just Austin residents' money.

I didn't pay any attention when I learned the mayors lobby had produced a massive document pointing out all the wonderful things that could be done with other people's money. I knew reading it might drive me nuts so I moved on to other things.

Well, now that Drudge linked to the Wall Street Journal article pointing out that Mayor Will Wynn wants $886,000 for the "Raul Alvarez Disc Golf Course", I decided to peer deeper into the abyss. Here's some of the socialism Austin's government desires:

1. $190,000,000 to expand Capitol Metro's MetroRail Red Line
   
2. $127,500,000 for the Waller Creek Tunnel (WCT) project
   
3. $80,000,000 to upgrade existing MetroRail commuter rail line
   
4. $60,000,000 for more urban rail equipment
   
5. $36,000,000 to replace Capitol Metro buses
   
6. $25,000,000 for a Public Safety Training facility
   
7. $20,000,000 for cleaning the Hornsby Bend Biosolids Facility Digester
   
8. $20,000,000 to upgrade Austin ISD technology
   
9. $18,000,000 to close a pedestrian/bike gap along Lady Bird Lake
   
10. $15,000,000 to give poor AISD students broadband at home
    
11. $13,300,000 to work on 21,000 feet of water main from Red River to UT
    
12. $11,700,000 for an overflow parking lot at the airport
    
13. $11,100,000 for a new Park 'n Ride facility

John Hrncir, government-relations officer, says the project list "was put together on very short notice," and "we are not going to submit anything that is questionable when we seek actual funding."

Copyright ©2009 Dow Jones & Company, Inc. All Rights Reserved

Of personal interest to me is the $500,000 requested for "Fort Branch Erosion/Flood Control Voluntary Buyouts (Demolition)." That's where I live and I damned well want to know what these people have planned for my neighborhood.

I know that the following analysis lends credence to these bullshit figures, assumes their accuracy, and might even be seen as an endorsement of the disgusting sausage-making process that is represented by local officials begging the central government to borrow (tax the future) to spend today...but whatever. I want to throw this out there.

The grand total Wynn wants cuts in a just above a billion dollars. He says sucking that money from the rest of the country (NOTE TO NEWS EDITORS: NOT "from Washington") will create 14,322.50 jobs. That half job, by the way, will come from the $175,000 requested for the Zilker Botanical Garden Trail Lighting Project. Is that supposed to be a part-time position or something?

Some basic Excel wizardry completed, here are some things to think about.

• More than half of the projects (87 out of 162) cost at least $100,000 per each job Wynn claims they'll create.
• The overall average direct taxpayer cost of each project would be $72,075. Of course, that doesn't factor inflation, cost overruns, delays, etc.
• Two ($2.4m for traffic signals & $290k to renovate the Carver Museum) lack job-creation estimates and one (the $60m for rail equipment) literally says zero.
• The most expensive project on a per-job basis is the $36m to replace and expand city buses. Wynn says this will create 15 jobs, which means each job will cost the country $2,400,000.
• The least expensive project on a per-job basis is the $25k for demolition along Santa Rita St. Wynn says this will create 6 jobs, which means each job will cost the country $4,167.
• The kind folks at the Census Bureau said the median yearly household income in the United States is about $50,000, which means that Wynn wants 124 projects that'll exceed that figure on a per-job basis.

I'm also aware that most of the job-creation claimed in this document is temporary construction stuff, shoveled to well-connected civil engineering contractors. That's something I don't see mentioned often enough about these things: these aren't jobs in the sense of a proper career. Some will last a few weeks, some maybe a fiscal quarter or two. Pulling out every dusty, graft-machine-and-neighborhood-association-approved wish list item doesn't generate the kind of fundamental economic growth that stimulus proponents assume will happen. It's a layer of icing over a hollow cupcake.

Obviously, I think the entire enterprise is morally and practically bankrupt from top to bottom. Threatening police violence against tomorrow's taxpayers in Oregon, Hawaii, Houston, and Chicago to pay for AISD roofing repairs today is absurd.

Lots of "change" everywhere. The lot of it amounts to shifting decimal points.

Posted by drizzten at 11:18 AM | Permalink | Comments (1)

Largely the result of a new relationship growing into something fresh and important, this year has so far been quite nice. Other things are also well. I had a good Christmas and a special New Year's. Hopefully I can wrap up my final requirements for graduation this year and finally earn my bachelor's degree. The half-assed job I did in my classes last semester didn't taint my GPA. My half-brother lit a fire under my ass and I'm now finally brewing my own beer for the first time. More acquaintances than ever are gaming with me on Xbox Live. The last time I owned a bike was in '98 and a friend will help bankroll a replacement for me, opening up another way to exercise and new things in Austin to explore. My family's stable. Most of my friends are alive and kicking.

There are many things over which I could be gritting my teeth:

• The property tax "receipt" sent to me by Nelda Wells Spears, the professional thief of Travis County's government.
  
• The sudden death of my car stereo.
  
• Obama.
  
• Palestine.
  
• The pack of dangerous fools attempting to rule Austin and Texas.

Since September 2002, 99% of my blogging revolved around me reacting to politics and the news. I have probably written three or four "doing things differently from here on" posts over the years. None amounted to much. I'm not about to curse myself with another such promise. I cannot help the need to vent when I read about some prick threatening others with police violence for non-compliance.

However, as I cleaned up my house in anticipation of the aforementioned relationship coming over, I finally realized just how many books I've picked up over the years and - even worse - how few of them I bothered to read.

This. Will. Not. Do.

So, in conjunction with what will almost certainly be a dense year of collegiate reading, I want to own up to my book collection. I will begin by finishing issue #107 of The New Quarterly, a Canadian journal of writing. Next is a gift from my new lady friend, What Matters: The World's Preeminent Photojournalists and Thinkers Depict Essential Issues of Our Time. Browsing through the back cover, the table of contents, and the intro tells me I'll find lots of grist for disagreement. And next? Well, I never did finish Aleksandr Solzhenitsyn's The Gulag Archipelago...then maybe on to the Akira graphic novels, Zen and the Art of Motorcycle Maintenance - An Inquiry into Values, perhaps Reform and Revolution in China - The 1911 Revolution in Hunan and Hubei, all interspersed with readings from Rothbard's Libertarian Forum.

Onward!

Posted by drizzten at 12:24 PM | Permalink

From the Austinist: What Happened to the Good Flow.

According to company co-founder Judy Crofut, Good Flow had been operating under the assumption that pasteurization—the process of heating up a liquid to kill off bacteria and molds—wasn't necessary for its products since they were handmade and delivered to neighborhood grocers in less than a day. The company had previously operated as a "juice bar," like Daily Juice, with the approval of the FDA via an exemption. That exemption was later retracted in 2006.

This is the kind of everyday intervention that hardly anyone considers in political debates. Government orders like these are probably imposed thousands of times a day. I have no doubt that some of the orders are legitimate - in the sense that they are issued against genuine crooks who lie to, steal from, and knowingly harm their customers. However, I also have no doubt that the vast majority of these orders are decreed on the basis of some technicality, some rule an apparatchik was tasked with fleshing out after the Sausage Factories excreted their latest shelf-bending monstrosity.

So it is basically illegal to produce unpasteurized juice. Fight it all you want within the regulatory framework and court system. As with any government rule, you will eventually run into the one thing they have that we don't: the authority to initiate violence against you and your property. The court decision is the paper threat of that aggression.

Now, an unique company that as far as I can tell has hurt and lied to no one and that produces something that people enjoy and desire has to shut down and divert scarce resources towards making Washington happy. This, on top of the time and money spent arguing with them through the system. Want to know why there seems this tendency towards big business? It's because they have an easier time dealing with shit like this than independent companies.

From News8Austin: FDA shuts down Good Flow Juice Co.

"There's a warning label -- you have the option to drink it or not -- that it's not pasteurized juice," Joshua Bingaman of Progress Coffee said.

Good Flow's owners said pasteurization breaks down vitamins and healthy bacteria.

Copyright ©2008TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

The public health angle is the common argument and I reject it categorically.

People with like mdahmus are part of the problem. A plea for personal responsibility, consumer choice, product diversity, and individual freedom is met with snark and a turned-off mind gripped with an misplaced sense of morality.

Did Good Flow kill anyone with their juices? Did Good Flow give the impression on their packaging that they pasteurized their juice?

Even if the answers to those questions are Yes and Yes, it does not automatically mean they ought to be forced to stop production and it does not by any measure mean the state is the proper entity to react. Those with grievances are the victims and it is they who should be dealing with the company. Among countless other examples, I certainly don't want part of my wealth forced from me and into the process of pushing around Good Flow.

So, yeah. Fuck the FDA:
Zero Sympathy for Teresa Nielsen Hayden
Chiggers, FDA, and Market Intervention

Posted by drizzten at 02:35 PM | Permalink

[Updates Below]

Cyclecide Pedal-Powered Kid-Go-Round.
Pentax K100D, 50mm f/1.4

All are going up on my flickr, so watch that space. I'll update this post when I'm done with the first batch this evening.

UPDATED 10/26/2007 9:55am
The first half of Day One is up. More to come.

Posted by drizzten at 02:50 PM | Permalink

Well, in that case, I hope you get what you ask for.

Good and hard.

More later.

But not before I return with tons of pictures from the Maker Faire this weekend.

I do have priorities, ya know.

Posted by drizzten at 05:02 PM | Permalink | Comments (2)

News8Austin: Buda wants to expand government to Home Rule

The city of Buda passed the 5,000 mark, and now residents can choose to change the way local government operates.

"It allows the citizens to really express how they would like their government, their local government to be defined and what the duties and responsibilities of their local government are," city administrator Robert Camareno said.

Copyright ©2007TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 08:55 AM | Permalink

[Updates below.]

Eluvium opened. I hadn't heard of him before and while I definitely liked what he played (electric piano and guitar played live and sampled on top of each other without percussion), towards the end I wanted something to emerge from the wall of noise, a melody or a pattern rather than it simply fading away. He's got a start. His piano skills, for example, are perfect for the mood he seems to seek, but I think his production needs direction before it grows into something truly memorable.

UPDATED 3/8/2007 12:04pm
Raoul Hernandez, in an Austin Chronicle blog, divulges the set list on the show Sunday night:

"First Breath After Coma"
"Welcome, Ghosts"
"Yasmin the Light"
"Six Days at the Bottom of the Ocean"
"What Do You Go Home To?"
"Catastrophe and the Cure"
"Your Hand in Mine"
"The Only Moment We Were Alone"

Posted by drizzten at 01:25 PM | Permalink

News8Austin: New smoking ordinance for Georgetown

One of the biggest changes is that smoking will now be prohibited in existing and future restaurants, with one exception. If a restaurant has an inside bar area, and the owner wants to allow patrons to continue smoking there, then it must be separated with walls. It must also have a separate ventilation system.

Owners have until June 11 to make those changes.

Copyright �2006TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

But if "ownership" can be boiled down to the essence of the sole right to decide how, when, and what happens to possessed property, then how could you not come to the conclusion that the local government of Georgetown owns (or implicitly claims to own) every piece of property affected by this law? It lays out what can and what cannot be done with not only existing restaurants, but - until further notice - all future restaurants! It dictates how they are to be operated and constructed. If you fail to comply, eventually you'll get a visit from law enforcement.

Try exercising your much-vaunted "due process" on your doorstep with the folks who carry weapons and are given the benefit of the doubt in courts of law. Try explaining to them that, no, the City of Georgetown isn't the rightful owner of your restaurant. That it doesn't matter one damn bit if 10%, 25%, 51%, or 99% of The People vote to set the limits on how you run your business. That you wouldn't ever presume to have the authority to tell, for example, a car rental company that they can no longer offer cars for smokers to use; if they do, you'll send the cops after them and if they shoot you for refusing to go quietly, well, that's just "resisting arrest" or "obstructing justice" or being one of those rowdy anti-government egoistic types and we simply can't have that.

We are not yet free from commissars. The state and its cheerleaders have not stopped calling for more forced collectivization. Socialism did not crumble with the Berlin Wall. If anything, the dust and rubble from that era has seeped deeper into the cracks of modern civilization.

Posted by drizzten at 04:48 PM | Permalink

Because - really - how else are the "yes" voters going to get the $567,400,000 to pay for their desired projects and services? They sure as shit aren't coughing up their own cash. Much easier on them to use the state to force everone to pay a small portion rather than bear a substantially higher burden on their own.

There are many lies and frauds wrapped up in this. One that desperately needs to be shot down is quite familar among statists: "If you don't invest (in the community), you lose ground," [Mayor Will Wynn] said.

Hey Wynn: an honest investment doesn't involve sending armed goons after me if I don't want to contribute.

Posted by drizzten at 10:47 PM | Permalink

Twice, my car has been broken into and the stereos stolen. Both times I called APD and explained what happened and both times I got a case number and a promise that an officer would stop by to take a statement, collect evidence, and do whatever it is that cops do for small crimes. Both times there was zero follow-up and I was never contacted again. While my experience may not extrapolate in all other cases around the city, it told me that the Austin Police Department doesn't place much emphasis on solving personal property crimes.

-Me, on September 08, 2004

I wonder how "a substantial amount of resources" (PDF) might work when applied to real crimes like murder, rather than towards the daily grind of social control over how fast people drive on government roads.

Posted by drizzten at 11:14 AM | Permalink

Austin-American Statesman: Senators give biodiesel industry a push (ain't that the truth!)

Biodiesel manufacturers by the end of the year must convince the state's environmental agency that their product has tailpipe emissions in line with low emissions standards or possibly be forced to stop selling the renewable fuel in Texas.

Seeking to stave off a regulatory crisis in Texas' emerging biodiesel market, state senators on Wednesday urged industry representatives and the state's environmental commission to meet and forge a compromise.

I'd buy a video iPod just to watch that news clip and the attending shouts of disgust and horror from the audience, "experts," and commissars.

One option, to force manufacturers to mix in an additive to reduce emissions, probably would raise prices.

And yes, I am aware that "[g]overnment support is involved in making the price [of biodiesel] bearable." I'd rather have an entirely unsubsidized biodiesel market with high prices than a subsidized one with lower prices. Attendant to that is a biodiesel market that is also not subject to the whims of the state, which would help greatly to reduce prices.

At stake may be the future of biodiesel sales in Texas, which recently passed Iowa with the nation's highest production capacity, about 100 million gallons of biodiesel. Another 87 million gallons of capacity could come online next year.

"We're the nation's leader on this, and I hope there's going to be no problem going forward," said Sen. Craig Estes, R-Wichita Falls, at a hearing Wednesday of the Senate Committee on Natural Resources.

The crisis has had the peculiar effect of casting advocates of biodiesel, often touted as an environmentally friendly alternative to standard diesel, in opposition to the state's environmental commission.

I prefer biodiesel over dino-diesel because it is better for my engine. All other benefits are secondary, though I do like that compared to regular diesel it burns cleaner.

But the environmental issue in Texas hinges on an empirical question about a particular kind of emission called nitrogen oxide: namely, how much nitrogen oxide biodiesel, which is typically a blend of 20 percent biodiesel and 80 percent standard diesel, emits compared with the state's diesel emissions standards.

Last November, the Texas Commission on Environmental Quality decided that biodiesel emissions exceeded the limits for smog-producing nitrogen oxide under the state's low-emission diesel program.

Copyright 2001-2006 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 12:29 PM | Permalink

News8Austin: Fortune cookies proselytize for bond package

Supporters of an Austin bond proposal are trying to reach voters through Asian restaurants.

A message on the paper inside the fortune cookies encourages support for a $31.5 million bond package to build an Asian cultural center.

Copyright ©2006TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

2006 Bond Election:

Proposition 4

Ballot Language:

"The issuance of $31,500,000 in tax supported General Obligation Bonds and Notes for constructing, renovating, improving, and equipping community and cultural facilities including, without limitation, the Zachary Scott Theater, an African American Cultural and Heritage Facility, an Asian American Resource Center, the Austin Film Studios, the Mexican American Cultural Center, a Mexic-Arte Art Museum, and acquiring land and interests in land and property necessary to do so; and the levy of a tax sufficient to pay for the bonds and notes."

It's particularly frustrating when you hear about some people spending their own money to advocate their pet projects, but can't bear to do the same thing to actually fucking fund the damn things in their entirety. Instead, they spend a small amount to impose a tax burden on everyone else.

It absolutely does not matter a whit if "[f]or the owner of the median-priced home, $167,200 (the 2006 Austin certified tax roll median) the result of these phased-in tax increases would be an additional $50 of property taxes per year." It doesn't matter if most people can "afford to pay" that extra amount. What matters here is the principle at stake: who rightly controls what is yours. A fraction (people voting for) of a fraction (people actually voting) of a fraction (eligible voters) of Austin residents voting on how much money to take away from you under threat of police violence is what bond issues represent. The bullshit of "the people of Austin voted for" is laid entirely transparent once you understand this. I once estimated that 5% of the humans in Austin voted for the recent smoking ban, which was then imposed on a city of more than 650,000. When the final numbers come out, I have little doubt 3-8% of Austin residents will have imposed their will on the rest of us.

Of course, the solution really isn't massing voter opposition on election day. That affirms the premise it is proper to hold a plebiscite to determine what we can and can't do with our property. The solution is to change the way people think about these things so we won't have to hold votes in the first place. But given the incredible resistance against that way of thought and the almost willful blindness on the part of the supermajority who merely shrug their shoulders and go "meh," paying little to no attention to the monsters working out in the open, I don't expect such a radical and *gasp* extreme movement to get anywhere.

Posted by drizzten at 09:41 AM | Permalink

But in a matter of degree, when the matter deserved nothing less than a contemptuous sneer and complete dismissal in kind as a gross violation of private property.

Austin-American Statesman: Smoking ban battle reignites

A federal judge on Wednesday struck down part of Austin's smoking ban and found that some of its enforcement provisions were "unconstitutionally vague."

The decision by U.S. District Judge Sam Sparks did not overturn the smoking ban, enacted by voters in May 2005. But Sparks did clarify what steps a business owner must take to be in compliance with the ordinance. Sparks was presiding over a lawsuit filed last year by a group of bar owners.

Sparks said the businesses must post "no smoking" signs and remove ashtrays and other smoking accoutrements. However, the owner can no longer be held liable for not taking additional steps if patrons continue to smoke, Sparks ruled.

[...]

Before this decision, the city's rules required the bar owner to take several "necessary steps" to enforce the ordinance, including posting signs; removing ashtrays; asking the patron to stop smoking or to leave if he or she refuses; and denying service to a person who is smoking.

Under those rules, Sparks found that bar owners could still be held liable, even if they followed the city's guidelines.

"The city persists in dodging the question and failing to give definitive guidance to business owners and operators about how they might avoid liability under the ordinance," the judge wrote in his ruling.

The comment section on that story is fucking alive with jungle noises. Holy shit there are some repungant people out there, just scratching at their eyes to dictate what others do with their property.

Everything I've previously written on the Austin smoking ban, in reverse order:

1. Austin Smoking Ban Hits the Courts
   
2. Deadline for the Austin Smoking Ordinance
   
3. Yeah, We'll Just All Talk It Over
   
4. The Additional Tyranny - The New Austin Smoking Ban Passes
   
5. Austin Smoking Ban Hits the News
   
6. "This is beginning to feel like persecution."
   
7. Fight the Austin Smoking Ban
   
8. Austin Smoking Ban in Effect Today
   
9. The People vs. The Tobacco Industry
   
10. Austin's Smoking Ban, Revisited
    
11. Austin Smoking Ban Update
    
12. Why Society Must Change First III
    
13. Individual Rights & Collective Rights: Smoking
    
14. Austin Smoking Ban Passes
    
15. Austin Smoking Ban Considered Today
    
16. Austin Smoking Ban Finale
    
17. Austin Smoking Ban Passes, Kinda
    
18. Chirac to Smoking Frogs: No More!
    
19. Austin Considers a Smoking Ban

Posted by drizzten at 01:34 PM | Permalink

left: Damian "Jr. Gong" Marley || right: Muse

The Shins were good, as were Damian Marley and his reggae crew. A Finnish pop rock band called Husky Rescue was fun. Thievery Corporation kicked ass, as I expected and hoped they would. Murder by Death and I Love You But I've Chosen Darkness both put on good performances, though I'd give the edge to Murder by Death and their electric cello. Ben Kweller started off fine but had a horrible nosebleed and he bled all over his guitar. An audience member tossed him a tampon...and even after sticking a tampon up his nose he bled right through it (contrary to the rather bland explanation put forth by the Austin-American Statesman, it was not merely a "paper product"). He moved to the piano and played one song but he had to call it quits early. Iron and Wine was a pleasant alt-country surprise. Matisyahu's reggae probably would have made a bigger impression on me but we were too far back to hear it clearly. Ditto for The Flaming Lips, whose stage show looked wild and crazy. Ben Harper didn't interest me too much but he got the crowd going.

Lots of pictures to come.

Posted by drizzten at 01:22 PM | Permalink

I have wonderful friends. One of them bought me a ticket/wristband to ACL Fest for all three days. Bands I'm most interested in seeing: Thievery Corporation, Explosions in the Sky, Massive Attack, G. Love and Special Sauce, and Tom Petty and the Heartbreakers.

Pictures and commentary to come.

Posted by drizzten at 09:50 AM | Permalink

Euphemism, hear me roar.

News8Austin: Animal ID program faces stiff opposition

The agriculture department would like to see 100 percent of livestock owners voluntarily tag all their animals going to market with similar tracking devices.

The Texas Animal Health Commission is responsible for making sure it gets done locally.

"Clearly, we've got to start voluntarily. If we don't get sufficient participation, I would anticipate that at some point it's going to have to go beyond voluntary to have an effective animal identification system for disease control," [Texas Animal Health Commission Executive Director Dr. Bob Hillman] said.

Copyright ©2006TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

It's going to have to ultimately involve people with locked and loaded guns screaming at you to comply.

Posted by drizzten at 10:53 PM | Permalink

Just don't try and build as you see fit, in accordance with your rights as a property owner.

"This ordinance will allow for vibrant mix of uses along those corridors that are currently not doing well, visually, they are economically not doing well," urban planning consultant Alice Glasco said.

Posted by drizzten at 10:39 PM | Permalink

The AP via News8Austin: Lottery commission defends jackpot advertising policies

The Texas Lottery Commission defended its decision to advertise Lotto Texas jackpots it couldn't afford.

Last summer the lottery's decision to advertise four jackpots officials knew they couldn't afford to pay shook public confidence in the games.

Copyright 2006 Associated Press, All rights reserved.

Posted by drizzten at 06:24 PM | Permalink

Just fired this letter to the Statesman editor regarding Ben Wear's Wily Hunt for Truth and the TxTag:

Dear Editor,

How marvelous my "libertarian anarchist" website earned a tangential mention in your newspaper on Monday in Mr. Wear's column! To quickly clarify two things:

My post he mentioned was indeed critical of toll roads, but in the context of today's government-run road system. In a truly free market for transportation, toll roads would simply be the likely way companies would earn revenue from customers. However, we're enmeshed in a government-run system financed through the robbery of taxation. Those who say imposing a toll on existing roads are not far from the mark when they describe it as "double taxation" (single taxation being generally OK, unfortunately).

Mr. Wear shouldn't be shocked that intense political conflict exists over the roadways. People long ago insisted the government be involved in owning transportation networks. Perhaps it's time to extend an old maxim and say we need a separation of street and state.

Charles Hueter
www.drizzten.com

Posted by drizzten at 05:08 PM | Permalink

[Updates below.]

Like any self-interested blogger concerned with his image and worth his keyboard, I have a few Google alerts activated to let me know when certain things are published in Google's aggregation of online news sources. Today marks the first time one of my alerts tripped containing the title of this website.

Austin-American Statesman: Hunting the wily TxTag

Last week, I signed up for a toll tag, called "TxTag" for Central Texas customers. Dallas and Houston have different systems and different names for their tags, although all of them will work in all three places.

Given all the hullabaloo over toll roads, it seemed almost like a political act to order one of the stickers.

Yeah, tinkering with this economic monstrosity involves politics. How could it not when people insisted and continue to insist politicians and bureaucrats be in charge?

But given the situation, it would be an act of stupidity not to get one.

I should also add, as another political angle, media pressure to get with the state's program.

The tag, which you attach to your windshield just below the rearview mirror, will communicate with overhead toll readers and allow tagholders to drive without stopping at booths on the coming Austin-area toll roads. Plus, tag holders will get a 10 percent discount. And it costs nothing to get one. Well, kind of.

Faster and cheaper government services is a good thing, but only to those who want those services provided efficiently by the government. To everyone else (my little 0.5% of the population, give or take a few hundred), it means a continuation of the collective horrorshow, just with a bit more momentum.

I decided to pretend I wasn't a reporter who knew a lot about this, but rather a regular Joe out to get a tag.

I Googled "Austin toll tag."

There was no sign of the txtag.org site on the first five pages (at least) of the almost 491,000 entries this churned up. The first entry was "magnifisyncopathological: Austin Toll Roads" which turned out to be "the opinions of a libertarian anarchist in Austin, Texas." As you might expect, these were not supportive opinions about toll roads.

Now, it isn't crystal clear whether he means my opinions, the 489,000 others, or just those on the first five pages of results. If he meant me, then allow me to clarify what I actually wrote since he didn't bother to explain my posting.

Austin Toll Roads? was written in April of 2004 and originally contained only glancing remarks about automated toll collection systems. Not a word was written about TxTag itself. What I did express was this:

• Tolls, by themselves, are not intrinsically terrible. No small amount of the bitching against tolls is related to those people just bitching about having to pay for something they think they ought to get for free.
  
• But we aren't getting roads for free. Billions of dollars in federal, state, county, and local revenue is generated by taxes and license fees. In essence, "we" have already "paid" for this stuff which, by the way, rightfully belongs in the arms of private enterprise and not the state (PDF).

Hmm, would be stupid to not use this thing. Quicker driving times and less expensive. Tolls are inevitable. And damn, if some wacky, utopian "libertarian anarchist" guy is against the TxTag, it's got to be worth checking out.

Since the article didn't contain a link to my blog (c'mon folks, this isn't rocket science) and Mr. Wear or his editor didn't type out the address to my website, very few people have dropped by today to see what I wrote. This isn't intellectual dishonesty, but it is irritating to get referenced so dismissively and it's particularly true when what was dismissed contained an explanation as to why roads are so political.

Anyway, unless you know the name of the tag, finding it could be a bit difficult. The Transportation Department plans to address that starting in August with a multi-front ad campaign.

Copyright 2001-2006 Cox Texas Newspapers, L.P. All rights reserved.

Mr. Wear goes on to describe how you sign up for the TxTag, generally making it look like a pleasant experience. Half of his article is devoted to the basics of the process and the primary thing require of you: a $20 credit card balance for the duration of your account. So, another government database with your personal information stored upon it.

Not only that, but a .gov database tied to your

• license plate(s)
  
• car's make, model, year, and color
  
• standard contact information

What is a TxTag?

State-of-the-art innovation. TxTag is a thin sticker that goes on the inside of your windshield behind your rearview mirror. It is slightly smaller than your vehicle registration or inspection sticker. It contains a microchip inside that sends a signal to equipment located above the toll lanes. All you have to do is correctly install the TxTag on the inside of your windshield and make sure you keep enough money in your TxTag account to pay your tolls.

Unless the above was written by an ignoramus, this is not passive technology. This is a system that transmits tag-specific information in a way that can be received by equipment mounted at least a dozen feet away while you drive by doing "highway speeds." I assume they built the system to work with speeders (although think of the speed limit enforcement possibilities if they tied this into a radar-and-ticket-issuing network...). It shouldn't be hard to see the security concerns this kind of system creates. Mr. Wear doesn't mention any of these concerns. Why would you expect him to, when he can't even bring himself to be clear that the whole thing is obviously enmeshed in politics from top to bottom?

The relevant things I've written about tolls and roads in chronological order:
Federal Toll Roads?, Austin Toll Roads?, Austin Traffic Sucks? Really???, Libertarians and Toll Roads, Which Small Towns and How Many Lives Will the Trans Texas Corridor Ruin?

UPDATED 7/11/2006 5:05pm
Just fired this letter to the Statesman editor with Control Number 200607111703432725: A Separation of Street and State

Posted by drizzten at 11:14 AM | Permalink

News8Austin: Downtown Drafthouse to reemerge as nonprofit

In May 2007, the rent at 409 Colorado is going up by about $10,000 a month.

Owners Tim and Karrie League want to keep the downtown landmark.

[...]

The rent increase left them with two options, to close down or find some way to make up the extra rent. So the Leagues established a nonprofit called the Heroes of the Alamo Foundation. Right now, they are looking for support from individual donors and corporations.

"We're hoping that with a nonprofit organization we'll be able to garner support from the public and possibly some corporate sponsorship that will make up the difference we have to pay in rent and keep it a break-even business," Karrie said.

Copyright ©2006TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

We are in the final year of a ten year lease, and must decide on whether or not there is a future for the original Alamo. In order to renew the lease, we must face economic reality. To conform to downtown market rates, our rent will double; property taxes and insurance have tripled, and these increases show no signs of slowing down.

Posted by drizzten at 10:50 AM | Permalink

Because the Texas public school finance system was ruled unconstitutional, Rick Perry called the legislature together for a special session (and not for the first time)

To consider legislation that provides for school district property tax relief.

Yeah, I'd like "relief" from that. I'd like that tax removed entirely, not just temporarily reduced by spending a "state surplus" that doesn't legitimately belong to the state to begin with.

To consider legislation that provides for modification of the franchise tax.

"I don't own any cows, man."

"Neither do I."

"Hey! Let's go milk that guy's cows!"

To consider legislation that provides for modification of the motor vehicle sales and use tax.

In other words, if you buy a car that's cheaper than TxDOT's arbitrary calculation based on the Kelly Blue Book value, you'll pay more taxes.

Which means it will make less sense to shop around for cheaper automotive deals when you'll just get hit with a bigger tax bite that might push the price higher than a car sold at or a dollar above TXDOT's price book.

Where did this stupid shit come from?

To consider legislation that provides for modification of the tax on tobacco products.

To consider legislation that provides for an appropriation to the Texas Education Agency.

Rep. Eddie Rodriguez, D-Austin, once again has filed a bill that would impose a state income tax on Texans.

Texas is one of the few remaining states that doesn't have an income tax. But many liberal think tanks believe it would solve the state's school funding problems — and many other financial woes.

But a statewide income tax is banned by the constitution and would require a public vote to overrule.

Republican leaders have said it's the only tax option that is off the table.

Copyright 2001-2006 Cox Texas Newspapers, L.P. All rights reserved.

The Texas educational trainwreck will continue piling up until most people understand that education should be privatized and removed entirely from government control.

Posted by drizzten at 02:05 PM | Permalink | Comments (2)

News8Austin: New ordinance prohibits discharge of certain guns

Firing a pellet or paintball gun within the city limits of Hutto is now illegal.

[...]

The ordinance affects anything that can shoot projectiles, including BB guns and paintball guns. It also states that a fake weapon that might be mistaken for a real gun can't be brandished.

"Paintball guns look like real guns. We have to treat them like they are real until we get there and find out otherwise," Thomas said.

The city council passed the ordinance last month giving the police department the power to charge anyone breaking the new law.

Hutto's new Police Chief Harold Thomas says it's all about safety.

Strangers and unsuspecting bystanders also have different values and probably share the same general human dislike of pain and potential permanent wounding. So we took some precautions before beginning our pellet gun war: we picked a spot hundreds of yards away from known homes and in an area dense with trees and brush. Given the relatively low power of our guns, we didn't expect to fire any strays that would escape our playing field and hit other people. Thankfully, that's what happened to the best of our knowledge and no one was hurt.

Suppose, however, that someone was. To a limited extent it would be possible to determine who fired the injuring pellet:

• we had a variety of pellet colors;
  
• not everyone was firing in the same direction all the time;
  
• and the maximum distance of our guns is well within our range of sight, let alone our range of hearing should someone get hit

Had a wandering child been hit in the eye in this scenario and assuming Wimberley (or whichever municipality or local government rules the area) did not have a Hutto-style prohibition on the use of pellet guns, would the shooter be any less guilty of violating the child's right against the initiation of physical harm? Of course not. That individual would be just as guilty in that case as he (we were all males in this scenario) would be if this happened in Hutto. A person's responsibility cannot be any larger or smaller than the extent of that person's own act and it is absurd to imply, think, or even hope you can increase (or decrease) someone's individual responsibility by government decree.

The shooter has the choice to shirk or accept his responsibility to admit to his act and accept the punishment/restitution his victim or the victim's parents demand. Even if you assume an overwhelming state mandate punishable by dozens of years in jail and tens of thousands of dollars in fines and the immediate fury of the parent of an possibly blinded child...that choice to be honest or to be a liar cannot be made by anyone other than the shooter.

If the shooter cannot be determined, then what? Again, the state cannot make someone responsible because it cannot create reality. Determination is a question of fact-finding and if it becomes impractical or impossible to uncover the truth, it would be unjust to declare everyone in the group responsible. The eye injury was caused by one pellet fired from one gun. While the conditions the lead to the moment of injury could not have been possible without everyone present, the pellet itself could not have impacted on the eye without that one specific person pulling the trigger.

This doesn't mean it would be right or proper to not stop and render aid to the child or to not fess up to playing with pellet guns such that one of the group had to have been the person who fired the shot. It means that unless you can prove an individual is responsible for something, you cannot use retaliatory or retributive force against him. Once you abandon this principle, anything goes.

"Before we'd get complains about paintball guns, BB guns and all we could do was try to talk them into not doing it here and try to steer them away because people were afraid they were going to get their windows broke or someone injured," Thomas said.

...that's what ought to be done! Unless these shooters are trespassing and therefore violating someone's rights, peaceful conversation with the purpose of changing minds is the proper way to handle this. Furthermore, it really isn't anyone's job but that of the person who is complaining to get out there and explain his or her problem with pellet gun fire nearby. Should the ire of Old Man Willers get raised, it's that guy (or the person he's chosen to act in his name*) who should tell those damn brats that if they keep shooting each other in their backyard, one of their pellets could easily cross into his yard and hit his chained pit bull or his kitchen windows.

*No, I don't consider agents of the state as properly designated representatives. That's a post for another day.

The rule also gives police the right to charge a parent with a misdemeanor and a $500 fine if their child shoots a weapon illegally.

Copyright ©2006TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

How to justly restore the victim of a child's action? There is a spectrum of ways agreeable to a variety of individual victims. Some people might just wince with the pain and bear it out, leaving the situation as a pure conceptual learning experience for the child. Some might want to slap the kid immediately afterwards as a delivery of direct responsibility. Some might want to sue to recover medical fees. All of this exposes the essential fallacy of the government's one-size-fits-all approach.

If this kind of local ordinance does anything other than demonstrate that collectivist compulsion is alive and thriving in central Texas, it demonstrates the essential laziness of the people who demanded it be enacted. "It ain't my problem any longer, it's the City's. Slap'em with fines and send in the sheriff!" Talk about shirking responsibility...

The ruling class of Hutto have declared that the people who live there and those who visit or pass through are fundamentally incapable of judging and acting in their best interests. They have asserted their ownership of not only a relatively-speaking trivial set of objects, but the bodies and minds of those who possess them.

Repeated throughout the world on an increasingly regular and common basis, this is taken for granted so deeply that News8Austin didn't even bother asking for a dissenting opinion, a voice of opposition, or even someone who was marginally, minimally concerned about the abolishment of yet another slice of human freedom. Nothing to see here; the new Police Chief Harold Thomas has said his bit and that's all there is to it. You aren't against community safety are you!?

No, you asses, I'm for individual liberty, an institution you've tossed aside in favor of a false and harmful security.

My friends and acquaintances probably wonder sometimes why I can occasionally come off as glum or dejected. This above is a huge reason. It is compounded by the fact that should this regulation be challenged in court, it will almost certainly be challenged upon the very same philosophical grounds it was championed: pragmatism and utilitarianism. The cycle will simply continue.

Posted by drizzten at 10:42 AM | Permalink | Comments (3)

[Updates below.]

Continuing from last time. The high-resolution shots for either post won't be uploaded until the weekend. It also looks like I'll have plenty left over for a third post, so I'll keep ya updated.

[Updates below.]

The weather couldn't have been much better for the Lonestar Rod & Kustom Round Up. I haven't the time for a real in-depth review of the day I was there. I'll just say it was totally worth the $10 to get in.

I will be doing a follow-up to this post later this week in order to post more pictures. When that happens, I will come back and edit this post to add vehicle owner credit whenever possible and direct links to higher-resolution versions of these images. Until then, the thumbnails will just have to suffice.

The Black Star Pub?
BlackStarPub in the News Again

The event:

Continue reading "Black Star Pub's Inaugural Fundraiser" »

Posted by drizzten at 10:17 AM | Permalink | Comments (1)

[Updates below]

The current situation presents many ugly realities to individualists. One of them is the daunting task of keeping an eye out for the next statist cement truck bearing down upon you while watching for the ones already on their way. I first heard about the Trans Texas Corridor a few years ago as one of those they-ain't-crazy-enough-to-try-it stories, but I should have known that after a prominent mention in Rick Perry's 2005 State of the State speech, the momentum for the TTC had shifted significantly under my feet and a new threat had developed.

What is the TTC?

The Trans-Texas Corridor (TTC) is a proposed multi-use, statewide network of transportation routes in Texas that will incorporate existing and new highways, railways and utility right-of-ways. Specific routes for the TTC have not been determined.

As envisioned, each route will include:

• separate lanes for passenger vehicles and large trucks
  
• freight railways
  
• high-speed commuter railways
  
• infrastructure for utilities including water lines, oil and gas pipelines, and
• transmission lines for electricity, broadband and other telecommunications services

Plans call for the TTC to be completed in phases over the next 50 years with routes prioritized according to Texas' transportation needs. TxDOT will oversee planning, construction and ongoing maintenance, although private vendors will be responsible for much of the daily operations.

A more accurate way it say it is a mammoth land grab (~580,000 acres / ~908 square miles) that will push aside rural Texans, an open-ended bonanza for outrageous corruption and legally-enforced privilege (I've read a conservative project estimate of $150 billion), and a concrete ocean riddled with unintended consequences for natural and economic environments on an astronomical scale.

To get an idea of how big this is, check out the state's interactive map and the two maps CorridorWatch's has posted: an Proposed TTC-35 Preliminary Corridor Alternatives interactive county map and a broader visualization of the direct impact facing south, central, and north Texans.

Thankfully, my parents moved away from the area in Comal/Guadalupe County (right where the "CA" box is located) that is under consideration. My immediate concerns are with Travis County, particularly because my girlfriend lives between Manor and Elgin. Tell me this wouldn't be unsettling for you if you lived roughly between them:

click to get a wider view

Six 12-foot Passenger Vehicle Lanes (80mph); 112-feet in aggregate width with shoulders.
Four 13-foot Truck Lanes; 84-feet in aggregate width with shoulders.
Two Tracks for 200mph High-Speed Passenger Rail. (All depots are contained within the corridor.)
Two Tracks for 80mph Commuter Passenger Rail.
Two Tracks for 80mph Freight Rail.
A 200-foot Utility Zone for large underground water lines, natural gas and petroleum pipelines, telecommunication cables and overhead high-voltage electric transmission lines.
Operational Maintenance Zone.
Safety Zones sufficient to accommodate future roadway expansion.

The big immediate threat is from eminent domain. I've written enough on this to avoid the necessity of warming it over again, so: Eminent Domain is Robbery, Corporate State Capitalist Fascism of Kelo vs New London, McCracken on Eminent Domain, Eminent Nonsense, and When Property Rights Advocates, Aren't. Despite their incalculable personal value, some Texans are going to lose their land and no matter what anyone else tells you, a "fair market price" is NOT established when the "buyer" threatens you with violence for not working with him.

Then there is the possibility of toll roads. Texas Toll Party has a page up on the TTC, mentioning that the project will almost double the number of tolled miles in the nation. The TTC-35 Comprehensive Development Agreement overview (PDF) says,

The Cintra-Zachry conceptual proposal included:

Private investment of $6 billion to fully design, construct and operate a fourlane,
316-mile toll road between Dallas and San Antonio for up to 50 years as the initial segment of TTC-35

Payment to the state of $1.2 billion for the long-term right to build and operate
the initial segment as a toll facility...

There's a lot of noise out there from people bitching about toll roads and in many cases they are right to be angry. However, in principle, I don't object to a private entity asking for a fee in exchange for its services or products. If Jack Schitt Roadways, Inc. legitimately acquires the land and builds the highways, they would be justified in requiring compensation of using it.

But these aren't private roads (PDF). In the above TxDOT document, this is stated quite clearly: The Trans-Texas Corridor is a state-owned project. It will be part of the state highway system and right way will be purchased in the name of the state. Texans already deal with a $0.20 gasoline tax ("the third largest source of tax revenue for Texas state government") that supposedly pays for the network of government roads.

The long-term impact is unknown. That may seem like a simple enough thing to acknowledge, but it cuts to a core issue. How do you predict what countless individuals will do when this gigantic corridor is built?

Will they take the extra time to drive to the nearest overpass? Will they reconsider their buying habits if getting to town becomes a bigger hassle? What will those affected by tolls do if the price for a single one-way trip rises above pocket change? How will the many small and quiet communities respond to a sudden influx of strangers as they build and travel the new roads? What could happen to local water consumption? How great will the change be in animal behavioral patterns as a result of the increase in noise and pollution? Where will chemical-laden road runoff go? How do you avoid the serious problems that arise when certain private companies are granted the privilege to operate facilities in the corridor to the exclusion of competition?

This could easily eclipse Boston's Big Dig in terms of socialistic waste, graft, corruption, and scandal. The nature of government necessitates it.

UPDATED 7/10/2006 11:20am
Ben Wear's Wily Hunt for Truth and the TxTag

UPDATED 2/28/2007 8:35am
Lois W. Kolkhorst has filed a bill to prevent this montrosity from moving forward.

Posted by drizzten at 09:41 AM | Permalink | Comments (1)

Austin-American Statesman: Is it time for a new morgue?

Death is a growth industry for Travis County, so now it's time to decide whether to build a bigger morgue or tell outlying counties to take their autopsy business elsewhere.

The medical examiner's office is already performing too many autopsies under standards established by the National Association of Medical Examiners, with about half of the workload coming from other counties. Population growth will only exacerbate the problem, a consultant told county commissioners Thursday.

Copyright 2001-2006 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 10:40 AM | Permalink

This has two elements in it, one good and one bad.

The Good
Many members of the community around a proposed strip club didn't want it to be built so they got the word out and put public pressure on the business to keep it away. Universal Media, the developer, decided to back down and withdrew its application.

The Bad
The opposition did not hesitate to ask the government to step in and stop things, a tactic that under any other circumstances would be no different than hiring pleasant-looking thugs to intimidate the business for you. Then there were the arguments they made against the strip club, most formulated around some claim of collective ownership of Universal Media's property.

Universal Media probably did the right thing to not open a business that would be known primarily for the local opposition to its existence. Any business in any socio-political environment must deal with that possibility. However, it remains true that the company had a right to build whatever business it wanted on the property it owned, whether the locals hated it or not and whether the state approves or not.

Posted by drizzten at 10:31 AM | Permalink

Th AP via News8Austin: Dewhurst, Craddick authorize use of funds for critical needs

Lt. Gov. David Dewhurst and House Speaker Tom Craddick authorized use of the state and federal funds. The largest chunk will go to nursing facility services.

Dewhurst and Craddick co-chair the Legislative Budget Board. They've been criticized for delaying a decision on how to spend $463 million culled from vetoed legislation in the 2006-07 budget.

Copyright 2006 Associated Press, All rights reserved.

I hold that it was never properly their money to begin with and not even in the capacity of a "representative" who supposedly works for us in our name. Ideally, all the revenue collected from taxes, permits, licenses, and fees would be returned to those who paid them. Since that isn't likely to be feasible, something else has to be done.

Should the money be equally distributed among all Texas residents? This would be the simplest way to address the problem, even though the logistics would be an expensive headache. However, it ignores the glaring issue of justice in that those who paid more than the average would get screwed while those who paid less (or, in the case of children, barely anything) would get a handout. Using an rounded-up estimate of 23 million Texans, breaking up $463 million evenly would net everyone a $20.13 check...but it's immediately obvious this is far less than what a typical Texan might pay to the state over two years (legislative sessions occur in Texas ever other year), let alone just one. That's probably one to two months' of gas taxes alone, whereas business owners might have to deal with thousands of dollars in yearly licenses and permits to continue operating.

Should the money get plowed into tax/fee cuts? This would be a way to lessen everyone's burden as well as weaken the state's grip on future generations. However, it instantly becomes a heated political brawl over what and how much to cut. Politically connected privilege-peddlers would seize the opportunity to curry favors and favoritism. Even if partisans refrained from spitting at each other and sat down to objectively assess the situation, the vast network of interconnecting taxes and fees would be a daunting task. Tweaking them means incentives change and behavior along with them, leading to unintended consequences. And it does nothing to address the previous instances of state extortion that lead to the extra money in the first place.

It's a good thing those bills were vetoed and the money not spent. It's a bad thing it's still in the hands of those bastards and there's no easy way to return it to whom it belongs.

Posted by drizzten at 10:18 AM | Permalink

The AP via News8Austin: Judge says groups can buy water rights for preservation

An Austin judge ruled environmental groups seeking to purchase water rights for conservation purposes deserve the same consideration as cities and businesses buying water for consumption.

Environmental groups filed suit in 2003 claiming the Texas Commission on Environmental Quality had not fairly considered applications for water rights for environmental purposes.

Copyright ©2006TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

But consider this:

If you plan to use water from rivers, streams, underflow, creeks, tides, lakes or bay areas, it is considered state water and you might be subject to the TCEQ water right permitting process.

The question of what to do here, today is complicated. You could take the Misean route and declare this ruling the creation of a loophole in the regulatory framework, thereby constituting an increase in the degree of freedom permitted by the state. I lean towards this view. However, it would be myopic to ignore the inevitable incentives that are created, warped, and repressed by the current scheme that arise as a result of this fraudulent state ownership.

Posted by drizzten at 04:12 PM | Permalink | Comments (2)

News8Austin: Tarrytown residents oppose development

Tarrytown is popular for its proximity to downtown and its historic charm, but developers are buying mid-century or older properties to tear down and build larger ones.

"You have outsiders coming in with no regard to people who live here and they're just taking away what's there and building these giant monstrosities that really detract from the neighborhood," resident Haidar Khazen said.

[...]

"When you take a house that just disrespects the land and a builder just throws up a huge 4,500 square foot house on a 50-foot lot, it's just disrespectful," resident Ed Dato said.

Neighbors want city leaders to create clearer zoning policies for large developments going up in neighborhoods.

"The zoning restrictions gave us a real sense of security. But like laws, these zoning restrictions are only effective to the extent they're enforced," resident Bob Farley said.

Austin city leaders say improving code enforcement is a top priority for council members this coming year.

Copyright ©2006TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Currently, a poll on the News8Austin website shows 62% of respondents saying yes and 29% of respondents saying no to the question, "Should the city of Austin create zoning restrictions to prevent large homes being built on smaller urban lots?"

I left the following comment:

Using the city government to scare and bludgeon neighbors into doing what you want. Ultimately threatening homeowners and builders with police violence. That's what "preserve your neighborhood" amounts to in this case. It's sickening things have gotten this bad and even moreso that we end up squabbling over the details of who gets screwed next.

-Charles Hueter

Posted by drizzten at 03:28 PM | Permalink

I have little love for the United States Postal Service. It is irritating when they raise First Class stamp prices by a few pennies every other year. They are complicit in the spamming of my mailing address. More fundamentally, they are a postal monopoly held in place through the threat of government force and there are several possible reasons why the USPS monopoly continues today. Then there are the little things, like going to jail for using plastic USPS bins for anything other than mail and not mentioning anything about Lysander Spooner and how he and his American Letter Mail Company competed with the USPS only to be forced out of business by the feds.

But for the moment, I offer praise.

I entered the Balcones Post Office at 11900 Jollyville Road yesterday at lunchtime. With me were two small CD mailers I wanted sent to Canada. As I expected, the place was packed and the lines were long. My waiting number was 83 and the clerks had just called #55. I leisurely began filling out address information, presuming I'd be there for at least half an hour. Every other time I'd been to a Post Office during lunch hours, more of my time would be spent standing in line instead of eating.

So my surprise was pleasant when I noticed the pace of the front desk. In the time it took for me to fill out one mailer, they had warped to the mid-60s. I found waiting number 74 left on a counter and realized if I used it I'd waste the clerk's time at the desk because I wouldn't be done with the second mailer's addresses. I let that opportunity pass. I was barely finished when my number was called. I had been there hardly 10 minutes. Granted, somewhere between seven and ten numbers were passed up when no customers responded. That had a big role to play.

On the other hand, all of the desk clerk stations were manned and I didn't see any of the employees screwing around, chatting with each other right in front of the lines of people like I've seen everywhere else. It was refreshing to see a Post Office work like that.

After I told the clerk I wanted the two items sent to Canada, she grabbed two forms and told me to complete them and return when finished. These customs forms threatening me with nastiness if I lied or did anything unapproved. Reminded of where I was and with whom I was dealing, I still appreciated the much faster than expected service.

But the USPS should still be abolished.

Posted by drizzten at 09:47 AM | Permalink

Now I know what it's like to be quoted in newsprint.

The Daily Texan: Cooperatively owned bar may open in Austin

Austin may soon have the first and only cooperative-run bar in the United States, said Steven Yarak, founder of the Black Star Pub.

Yarak came up with the idea in 2005, when he was surprised to find that in the United States, there wasn't a single community owned-and-run bar. The concept of a co-op bar is that the regulars would be the ones who owned and ran the bar in addition to making decisions that influenced all customers.

Therese Adams, a member of the co-op group, said she believes that a co-op bar promotes the idea that Austin is about a small-town atmosphere.

As is the case with most start-ups, there are many issues that members of the bar are debating, including location.

Yarak said he is certain that if they could "find the right location," they "could make it work."

So far, East Austin is where the group wants to build the bar.

Charles Hueter, a former UT student, said he likes that he's helping create a "serious, authentic bar in East Austin in which he can have a say in how things are run."

I was sitting in the kitchen of the house hosting the meeting when the doorbell rang. Since a stranger was there to greet me when I initially walked in, I figured I'd do the same for whomever this was. Turns out it was Mr. Bagrodia, a student reporter from The Daily Texan. I lead him to the kitchen were some folks were painting pint glasses and working on web design. After exchanging names, I took him outside and found Mr. Yarak. That's when I learned The Press was among us. No pain, though; Adarsh was cool throughout.

Combined with the article on the BSP from last week, this should provide a good publicity boost.

I began to take an active role in the soon-to-be co-op after last week's Wednesday meeting. Ironically, I volunteered to help navigate the rough waters of the Texas Alcoholic Beverage Commission and the imposing Alcoholic Beverage Code. I will try not to burst into flames while reading it, looking for ways to figure out exactly what the state will let us do.

Posted by drizzten at 03:17 PM | Permalink | Comments (3)

This is the first time I've ever head of an ad for a blogging service on a billboard. Modern technology advertised through essentially medieval means. Not only that, but on the outskirts of a very tech-oriented town that stands in sharp contrast to the surrounding communities.

These are interesting times. What will it be like when blogging loses it's official new flavor?

Posted by drizzten at 10:04 PM | Permalink | Comments (2)

I retrieved my mail today and discovered a solicitation from "H.O.W. Services" that advertised tree trimming, removal, thinning, and hauling services.

Get a load of the explanatory paragraph:

H.O.W. SERVICES is an affiliate of the H.O.W. Foundation. We are an asset to the community. Our people provide services of all kinds and through their individual efforts, pay for their unique self-improvement programs. Believing in principles that have made this country great, we do not accept, spend, or want money from the government. Being in the people business, we believe in the strength of the individual; further, we believe that government money, given to the people for nothing, is a drain on the productive taxpayer and that same "free" tax money does nothing for the people receiving it, and it's anything but free. Simply put, the H.O.W. Foundation works because everyone who lives here works. The program is the same for everyone without regard to race, color, age, handicap, or national origin.

I'm not sure I want to contract professional help for my backyard (a project that might involve significant tree manipulation). In this age I'm reluctant to take something like these at face value. The flyer offers a 20% "winter special" and discount and free estimates but doesn't list pricing or anything they do other than trimming, removal, thinning, and hauling services. The only other text deals with addresses and the quote above.

Curious.

Posted by drizzten at 03:42 PM | Permalink | Comments (12)

[Updates below.]

News8Austin: It's always happy hour at community-owned bar

Some Austin residents are working to create the state's first co-op beer pub in the European sense of the word.

The Black Star Pub is the brainchild of Steven Wyarak, who had lived in Belgium and liked the quality of beer and pub atmosphere there.

"We're starting up a community-owned bar here in town. I wanted to do something cooperative, something that would involve the community [and see] what options are out there, what can we do?" Wyarak said.

The idea was also inspired by co-op pubs in Ireland, and Wyarak said Austin is the perfect place for its Texas debut.

"If there is a place for this to happen, Austin is where it should happen," he said.

Through word of mouth and the Internet the idea of a bar owned by the regulars has gained a following. The group meets every Wednesday at Café Mundi and Saturday at a house on Cesar Chavez. Organizers are still trying to raise capital - the idea that if 100 people pitch in $100 they'll start with $10,000 in capital.

"You get a vote in everything that goes on from the beer we serve to the air conditioning," Wyarak said.

Wyarak envisions a beer bar where members pay happy hour prices all the time, and the choices will be discriminating, with a rotating selection of between eight - 200 beers on tap.

The location of the Black Star Pub is very important. Right now, all fingers point to East Austin, where Wyarak is looking at an abandoned building on Seventh and Lydia Street near the Texas State Cemetery.

"East Austin is really a resurging area of town and there's trying to be a lot of revitalization going on here and we want to be part of that," Wyarak said.

Copyright ©2006TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

I'm going to drop in on one of their meetings and see things for myself. I have hope for people who want to "serve beer at right temperatures with [the] right glasses."

UPDATED 1/31/2006 12:45pm
The Black Star Pub Blog.

UPDATED 2/2/2006 9:08am
The meeting last night went fast. I counted 12 people included myself. Didn't take notes because my pen died at the scene. Discussion picked up near the end about fundraising, the many legal issues, and the as-yet-unpicked location. Steven had his shit together throughout.

UPDATED 2/7/2006 3:18pm
BlackStarPub in the News Again...and myself along with it. By the way, Steven's last name is spelled Yarak, not Wyarak.

Posted by drizzten at 09:01 AM | Permalink

[Updates below.]

News8Austin: City orders flea market to shut down

Some residents are worried the city could shut down a beloved weekend flea market.

The city ordered "La Pulga" on Pleasant Valley in Southeast Austin to shut down two weeks ago, saying it lacked the proper operating permits.

The market has become a tradition for shoppers because it's like street markets in Mexico and Latin America. It's also a main source of income for vendors.

And that's why the owner, Mahmood Wadiwalla, said he's fighting to keep the place open.

"These families look forward for the Sunday and Saturday to come so they can all come out here and enjoy their cultural stuff here," Wadiwalla said.

Copyright ©2006TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

This is one of the primary reasons I am not likely to start a serious business of my own. Sure, I've conducted economic transactions where I was the owner of something that someone else bought or I was the performer of some service that someone else purchased and in every case the transaction was conducted voluntarily. But to actually go to into business with the intention of being my own boss and generating my own income...that's a level of state attention I don't want.

UPDATED 1/31/2006 12:49pm
News8Austin: "On Monday, the city rejected the owner’s new operating plans because they lacked adequate parking."

Posted by drizzten at 08:37 AM | Permalink

Community Tax Centers offer free income tax help

Community Tax Centers will offer free income tax preparation to individuals and families with low incomes at six convenient locations in Austin beginning Jan. 21, 2006.

Last year, Community Tax Centers prepared more than 7,400 tax returns that brought back nearly $10 million to the local economy and the wallets of Central Texas families who need it most.

This year, the program plans to nearly double this effort by the time Community Tax Centers close on April 17, completing 14,000 tax returns and bringing back about $18 million to the local economy.

The Community Tax Centers are made possible by major underwriting from the Silverton Foundation and tax center sponsorships from JPMorgan Chase, Wells Fargo, and the Michael and Susan Dell Foundation.

Additional major funders include: City of Austin, Citibank, Bank of America, Washington Mutual, United Way Capital Area and Frost Bank.

Community partners include: 2-1-1 Texas, AISD Family Resource Center, City of Austin-Dove Springs Recreation Center, Community Action Network, Dolores Catholic Church, Financial Literacy Coalition, Goodwill Industries of Central Texas, Internal Revenue Service, Travis County, and WorkSource.

In-kind support was provided by Castleview Productions and Travis County.

Government forces us to pay taxes to pay for those services.

Poor people tend to rely on those services more than others.

People begin to realize paying taxes is annoying, expensive, and a pain in the ass.

People hire specialists to help in the preparation of their taxes.

People also realize that poor people are hit hard by taxes, especially the sales and property variety.

Special exemptions, deductions, and credits are written into the tax code to ease the burden on the poor.

The poor now face a very complicated tax-calculating season but have trouble affording professional help.

People start demanding tax help services be more available so the poor can claim their legal tax privileges.

Government begins lending tax-financed resources to efforts made to that effect.

Now the poor can better claim their tax exemptions, deductions, and credits.

*pause*

Thus, in order to provide services to the poor, government imposes taxes on everyone. But since the poor have trouble affording their taxes, the government decided to grant them certain privileges. But the poor need help in preparing their taxes to get these privileges and might have trouble hiring specialists. So the state's services expand to include tax assistance, thereby guaranteeing the tax revenue generated off the labor of the poor will decrease. But the state's services need to be paid for, so the share burdened by everyone else increases.

Please forgive this individualist propertarian for thinking this system is hopelessly, hilariously flawed.

Posted by drizzten at 11:32 PM | Permalink | Comments (2)

News8Austin: Mabel Davis Park reopens

Mabel Davis Park in Southeast Austin reopened Saturday with the city's first concrete skate park.

The 12,000 square foot skate park has a skate bowl, streetscape elements and a grass seating area for spectators.

The park was originally a landfill, but in 1974 the city of Austin bought the land, cleaned it up and turned it into a park. In 1999, during creek erosion repair, further contamination was discovered.

The park closed in June 2000 while the city studied then designed and implemented a $9.4 million remediation project.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Mabel Davis Park is located across IH-35 from St. Edward's University, between Ben White Blvd and Wickshire Lane and between Parker Lane and Catalina Drive. The actual address is 3427 Parker Lane; view a map here. According to this page, the estimated cost of the Mabel Davis Park restoration was given as "$8-9 million" and primarily paid through city bonds. For a more detailed backgrounder on the park, click here. The skate park was dedicated last Saturday.

Again, the end is something I applaud. I'd love to head out there one weekday evening or during lunch on the weekend and watch some skaters go at it. I can't skateboard for shit, but I enjoy seeing others. But the means to that end I cannot endorse.

Austin-American Statesman: Mabel Davis Park re-opened

"This is huge for the skateboard community," said Jared Ficklin, co-director of the Austin Public Skatepark Action Committee. "We finally have a place to skate where we're not trespassing."

"Here is the park today. For you. A promise delivered," said Willie Rhodes, director of city solid waste services.

The Skatepark of Austin demonstrates that these can be privately owned and operated, so if there is enough of a demand for a bigger and better park located elsewhere, why does the city need to be involved? Why not raise all the money on your own and start a non-profit to run the place? I would have hoped the inclination of the skating community would have hampered efforts to join forces with local government.

Posted by drizzten at 10:22 AM | Permalink | Comments (6)

News8Austin: School finance decision reached

The Texas Supreme Court ruled 7-1 Tuesday that local property taxes to finance public schools amount to an unconstitutional statewide tax.

The justices have given the state until June 1, 2006, to fix the problem. The date gives the Legislature more time to pass a new finance plan before funding for schools would be blocked.

"The Legislature's decision to rely so heavily on local property taxes to fund public education does not itself violate any provision of the Texas Constitution," the opinion said. It’s how it’s being done that the court doesn't like.

The court ruled that ad valorem school taxes have become a de facto state property tax, a violation of the Texas Constitution. The current system has the state taking money raised from local schools, through property taxes, and then divides the money among "property-poor" districts.

Point out that this is different from taxing me and giving my money to someone else, however, and the stares you'll get will be empty indeed.

The justices noted in their opinion that Texas has a long history of difficulty with financing public schools.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 04:32 PM | Permalink

Austin Chronicle: Letters at 3AM - We Are on Our Own

I suggest reading it and filing it away for future reference: A Liberal Describing a (damn near) Market Anarchy Without Serious Derision or Contempt.

On the other hand, there are a few gaps in his analysis and there are still sections that cannot be reconciled, such as:

Right now, and for at least the next three years of this administration, the United States of America is not being governed. Not really... No attention is being paid to what is necessary. Neither the White House nor Congress gives more than lip service to issues upon which our future depends. Energy, transport, global warming, education, health care, subsidies, scientific research, sustainable agriculture, infrastructure upkeep and modernization, state-of-the-art communication, manufacturing capacity – at the federal level you will find almost nothing concrete, nothing useful, nothing that addresses root problems.

[...]

A most important fact of our situation was shoved back to page 5 of The New York Times' business section on Oct. 1: "Since the end of 2000 ... federal debt is up by $1.l trillion. American investors, as a group, have lent not one penny of that." Almost all that money has been lent by foreign entities. This means that the USA no longer owns itself. Not only are we on our own, but as a nation, we are owned.

Until then, I continue planning for the times when Society's Support (whether I wanted it or not) ends and there are no pretenses about whom I am responsible for.

Myself.

Posted by drizzten at 10:39 AM | Permalink | Comments (4)

News8Austin: East Austin residents want more affordable housing

Lela Castro's family has owned a home on Holly Street for more than 100 years.

A lot has changed over the decades. The most noticeable -- property taxes. They're higher than ever before. "Four times higher," Castro said.

The story is similar all over East Austin.

"People that are trying to stay here, they're taxing them out of here," Castro said.

"It has raised in this area, the land value 400 percent. Our taxes have increased 123 percent," Susana Almanza of People Organized in Defense of Earth and Her Resources (PODER) said.

Someone still has to threaten you with police violence to make The System "work."

PODER says affordable housing is a hard thing to come by.

"The development that is coming in, a lot of the local people can't even afford to rent it. All the different so-called economic development that came down 11th Street, if you look at it, it's national corporations," Almanza said.

The city of Austin has a bond advisory committee that's responsible for coming up with capital improvement ideas. They have created a package worth $769 million. In that, $25 million is allocated for affordable housing.

PODER and several other groups say that's not enough. They want the bond proposal to dedicate at least $75 million for affordable housing.

IF:
High taxes are impeding the ability of low-income Austinites to live, particularly in the East Austin area.

THEN:
Why do you want the city to issue bonds that will put greater upward pressure on property tax rates down the road for everyone?

What fucking world do you people live in? If a bond passes, the city will "borrow" from me (a grossly inappropriate description) and then pay it back to me plus interest. Now, put your thinking caps on: from where will that repayment plus interest come?

The City of Austin's stores?
The City of Austin's productivity increase in it's factories?

No, it'll come from the fruits of brainless fucking twits DEMANDING higher property tax rates. Thanks. Thanks a lot.

"It's a basic human right. That's what it comes down to. It's a basic human right that everyone should have decent housing," Almanza said.

In the meantime, neighbors want city leaders to come up with additional solutions.

"City council needs to open their eyes and see what is happening to this area. They need to open their eyes and see and be fair with the people down here and not allow this to be happening," Castro said.

The Austin Bond Advisory Committee will hold a public hearing Nov. 29 at 6 p.m. at city hall. At the hearing you can offer your own input on how to use bond money.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

But why would I even bother to go? I'd arrive there with alien premises. I'd be at best a curious creature from some Martian black lagoon, not worthy of the deep nuanced consideration afforded to others. At worst, I'd be the meeting's designated lunatic and treated accordingly.

Why would I want to talk to walls all evening?

Posted by drizzten at 09:57 AM | Permalink | Comments (1)

The current poll on the front page of News 8 Austin's website:

Where do you think kids get the best education?

• Public school
  
• Private school
  
• Home school
  
• Other

*Of course, even what are termed private and charter schools are regulated and tampered with by the state, the recognition of which I doubt graced many minds taking this survey.

Posted by drizzten at 08:19 PM | Permalink | Comments (4)

Wurstfest is one of the few New Braunfels traditions that I wholeheartedly enjoy; this is the third consecutive year I've gone to the "Ten Day Salute to Sausage." My father and mother are playing along and dressing up as Opa and Oma.

There will be pictures and not only of them!

Another excellent time. They upped the beer prices but DAMN was that pork chop on a stick awesome! Leaving it for last while feasting on assorted sausages on a stick was a good idea I'll have to remember next year.

UPDATED
And here we go:

Continue reading "Wurstfest 2005 Aftermath" »

Posted by drizzten at 04:15 PM | Permalink

Halloween night, 2005:

Continue reading "Beer Run, Courtesy of the Satan's Cheerleaders and the Flametrick Subs" »

Posted by drizzten at 10:02 PM | Permalink | Comments (1)

[Updates below.]

Sounds dramatic, doesn't it?

I won't be voting, part of the estimated 84% who'll be staying home doing more important things.

More important things than amending the state constitution?

Why, yes, Hypothetical 3rd Person! I'd rather discuss things online, eat dinner, clean my cat's litter box, or go to the gun range than vote.

Here are the 9 proposals:

Proposition 1
Ballot Language
"The constitutional amendment creating the Texas rail relocation and improvement fund and authorizing grants of money and issuance of obligations for financing the relocation, rehabilitation, and expansion of rail facilities."

Brief Explanation
HJR 54 would create a Texas rail relocation and improvement fund in the state treasury and would authorize grants of state revenue and issuance of public debt to relocate, rehabilitate, and expand privately and publicly owned passenger and freight rail facilities and to construct railroad underpasses and overpasses.

Proposition 2
Ballot Language
"The constitutional amendment providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage."

Brief Explanation
HJR 6 would provide that marriage in Texas is solely the union of a man and woman, and that the state and its political subdivisions could not create or recognize any legal status identical to or similar to marriage, including such legal status relationships created outside of Texas.

Proposition 3
Ballot Language
"The constitutional amendment clarifying that certain economic development programs do not constitute a debt."

Brief Explanation
HJR 80 would provide that local economic development program loans or grants (other than debts secured by a pledge of ad valorem taxes or financed by the issuance of any bonds or other obligations payable from ad valorem taxes) do not constitute or create debt. Any provision of state constitutional law that may prohibit or limit the authority of a political subdivision of the state to incur debt does not apply to those loans or grants.

Proposition 4
Ballot Language
"The constitutional amendment authorizing the denial of bail to a criminal defendant who violates a condition of the defendant's release pending trial."

Brief Explanation
SJR 17 would authorize a district judge to deny reinstatement of bail or new bail to a person accused of a felony, if the person's bail had been revoked or forfeited as a result of the person's violation of a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.

Proposition 5
Ballot Language
"The constitutional amendment allowing the legislature to define rates of interest for commercial loans."

Brief Explanation
SJR 21 would authorize the Legislature to exempt commercial loans from state usury laws that set maximum interest rates. "Commercial loans" are loans made primarily for business, commercial, investment, agricultural, or similar purposes and not primarily for personal, family, or household purposes.

Proposition 6
Ballot Language
"The constitutional amendment to include one additional public member and a constitutional county court judge in the membership of the State Commission on Judicial Conduct."

Brief Explanation
HJR 87 would increase the size of the State Commission on Judicial Conduct from eleven to thirteen members by increasing from four to five the number of public members and by adding a constitutional county court judge. The additions would ensure that the commission has an odd number of members, which is required by another provision of the state constitution.

Proposition 7
Ballot Language
"The constitutional amendment authorizing line-of-credit advances under a reverse mortgage."

Brief Explanation
SJR 7 would authorize new options for reverse mortgage agreements for senior homeowners allowing them to draw advances at unscheduled intervals, if and when needed, and only in the amounts needed, during the loan term. These are in addition to options that would allow a lump sum payment after settlement or regular periodic, predetermined equal amounts over a term of years or the lifetime of the homeowner. Additionally, SJR 7 would: (1) prohibit the agreement from requiring the use of a credit card, debit card or similar device to obtain an advance; (2) prohibit the charge or collection of a transaction fee solely in connection with any debit or advance, after the time the extension of credit is established; and (3) prohibit the lender or holder from unilaterally amending the extension of credit.

Proposition 8
Ballot Language
"The constitutional amendment providing for the clearing of land titles by relinquishing and releasing any state claim to sovereign ownership or title to interest in certain land in Upshur County and in Smith County."

Brief Explanation
SJR 40 would clear individual land titles by relinquishing and releasing all claims of state ownership interests, including mineral interests, in two local areas, namely, a roughly 4,600 acre area located roughly 14 miles southeast of Gilmer, Texas, and a separate 900 acre area located north of Tyler, Texas.

Proposition 9
Ballot Language
"The constitutional amendment authorizing the legislature to provide for a six-year term for a board member of a regional mobility authority."

Brief Explanation
HJR 79 would authorize the Legislature to provide staggered six year terms of office for board members serving on regional mobility authorities, with no more than one-third of the board positions being appointed every two years.

Of course, this is also the time for all kinds of local government hijinks (PDF) leveraged through the election process.

BOND PROPOSITION NO. 1
THE ISSUANCE OF $65,225,000 OF ROAD BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF

BOND PROPOSITION NO. 2
THE ISSUANCE OF $62,150,000 OF PARK BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF

BOND PROPOSITION NO. 3
THE ISSUANCE OF $23,500,000 JAIL FACILITY BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF

It doesn't matter if this amounts to "a few dollars per year per homeowner." THESE ARE OUR DOLLARS. This flippant endorsement of systemic aggression is absolutely sickening, but I expected no less from the Austin Chronicle editorial board.

On a more fundamental note, while one can point to pragmatic reasons to vote for or against these things on a individual liberty footing, that footing remains a superficial one when it endorses the state as the proper agency to accomplish those goals. I withdraw my sanction and I encourage others to do the same.

UPDATED 11/8/2005 8:23am
I forgot to mention a previous post I wrote regarding the democratic process: The Austin American-Statesman, Voting, Free Speech, and Information

UPDATED 11/10/2005 12:41am
The election results are in. All three Travis County bond propositions passed.
Some of the statewide propositions passed.

Bah to the whole ordeal.

Posted by drizzten at 02:49 PM | Permalink

When I hear that the black community presents plans for quality of life to improve in Austin, the first thing I think of is:

Excellent! They are setting up goals and strategies to help reduce unwed teen pregnancy. They want to help pursue and fight the criminals in their communities. They seek to perhaps combine their resources to self-fund families on the edge, to perhaps move the ones worth saving out of dangerous and filthy apartments to proper homes. They might try to combat the prevailing glorification of violence, avarice, and irresponsibility in youth culture. They aim to assist blacks with their first-time business plans and support established companies by helping them with loans and investment advice. They are going to identify the rot in their neighborhoods and try to remove it. They are going to attempt long-term renewal projects that go beyond the superficial and provide lasting dividends.

Following months of forums and discussions, the group gave the city 58 recommendations. City officials then created subcommittees to reevaluate those recommendations. After months of compromise, community and city leaders have agreed on an implementation plan.

Austin NAACP President Nelson Linder said it's been a great effort between the community and the city, but "It's also been a challenge because, in reality, these issues that we're addressing require financial commitment and financial investment."

Culture and Arts Committee Cochair Lisa Byrd said the committee focused on six areas, including health, safety, employment, neighborhood sustainability, culture and police.

[...]

In the end, initiatives in all six areas were set. Some include developing a program to recruit more African-American health care professionals, examining psychological screening to ensure the police department does not hire individuals with patters of racist tendencies, promoting Austin's African-American culture, history, and restaurants on the Convention and Visitor's Bureau Web site and merging the African-American Chamber of Commerce with the Greater Austin Chamber of Commerce on recruitment initiatives.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

• Do African Americans experience challenges different from others in Austin?
  
• What can local government do to retain & attract African Americans so that Austin maintains a diverse economy & culture?

"Name the theatre at the Carver Museum after the late Boyd Vance"?
"[R]ecruit more African American health care professionals...who will increase utilization and face-to-face patient consultation and education"?
"Ensure that input is solicited from African American businesses and organizations regarding the use of funds devoted to business and economic development"?
"Bring the physical environment of East Austin up to the level of the physical environment in other areas using the arsenal of tools available to the City"?
"Develop a page on city’s website that is dedicated to African American
educational issues and resources"?

This is a 51-page presentation and there are more ideas in it than the ones above, some of which do seem potentially effective. Of course, the bulk of them are to be financed through the various levels of government, imposing upon the rest of us additional tax burdens such as new city government jobs, grants, advisory committees, and low- or no-interest loans.

C'mon, folks. Don't turn to the government to force us to solve your problems. There are other ways.

Posted by drizzten at 09:57 AM | Permalink | Comments (2)

[Updates below.]

Austin-American Statesman: 22 Austin leaders denounce gay marriage ban (link will rot)

Twenty-two elected local leaders, including Austin Mayor Will Wynn and Travis County Judge Sam Biscoe, pronounced their opposition Monday to a proposal before voters to ban same-sex marriage in Texas.

Proposition 2 on the Nov. 8 ballot would define marriage in the state constitution as between one man and one woman.

Wynn, at a news conference outside City Hall, said: "A fundamental cultural characteristic of Texas is that we mind our own business." He said Texans should avoid turning personal opinions into laws.

[...]

Six of seven Austin City Council members signed on in opposition to the amendment, along with four of five Travis County Commission members.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

"We mind our own business"? I wonder if anyone laughed out loud in the audience at hearing that. The quickest riposte to that drivel is called the Austin smoking ban.***

Such a statement might have passed the smell test a few generations ago, but I'm convinced it's roadkill these days. Let's put this supposed cultural standard to a basic test. From the City of Austin's website:

Code Compliance: Zoning & Land Use

Home Occupations

Home businesses are allowed on residentially zoned properties providing the following guidelines are followed:

• Business must be conducted entirely within the dwelling or one accessory structure
  
• No signs advertising the business are allowed on the premises
  
• One person only, who does not live on the premises is allowed to participate in the business
  
• No more than three vehicle trips per day of customer related traffic to and from the premises
  
• All materials used in business must be screened from ordinary public view
  
• Only two (2) garage sales are permitted in a twelve-month period

Code Compliance: Yards and Vacant Lots

Report the following problems on vacant or occupied properties to Solid Waste Services at 494-9400 or by email:

• Tall weeds or grass (over 12 inches)
  
• Accumulations of junk, brush, trash & debris
  
• Stagnant water, including improperly stored tires, neglected swimming pools or poorly graded areas
  
• Illegal dumping (but report illegal dumping "in progress" to the Austin Police Department's non-emergency number, 311)
  
• Improper storage of garbage carts

[...]

How It Works

After a complaint is made, an inspector visits the property in question. If violations are found, the property owner receives a "Notice of Violation" and has seven days, from receipt, to resolve the problem. Compliance is confirmed by a follow-up inspection. Violators will usually correct the violation and no further action is required.

When a violation on vacant property is not corrected, the City will clean the property at the owner's expense. If a violation on occupied property is not corrected, criminal charges are filed by the City of Austin in Municipal Court. Fines can vary up to a maximum of $2000 per day.

Code Compliance: Your Responsibility to Avoid Code Violations

Austin's City Codes are designed to protect the health and property of Austin residents.

Whoever is in charge of a property (owners, tenants, residents, etc.) is responsible for ensuring that property is being used appropriately. They are also responsible for keeping the property and any associated sidewalk, alley or street adjacent to the property free of trash, debris and tall grasses. Property owners must ensure that all structures on their property conform to the Uniform Housing Code and the Dangerous Building Code. Failure to comply with City codes may result in criminal charges being filed against you, a lien being placed on your property for the cost of clearance or repair, and/or demolition of dangerous structures.

*gritted teeth*

What a fucking hypocritical, soundbite-seeking prick.

How about an extended trip through the Austin City Code? Regulations galore! Here is just a sampling of the local laws and ordinances that I found attempting to prevent, ban, interfere, interrupt, disrupt, obstruct, forbid, prohibit, frustrate, meddle with and outlaw the affairs, property, and businesses of private individuals:

Continue reading "Austin Mayor Will Wynn Should Mind His Own Business" »

Posted by drizzten at 02:24 PM | Permalink

Austin-American Statesman: Judge won't rule on citywide smoking ban until next week (link will rot)

A federal judge will not decide until at least next week whether to halt Austin's ban on smoking in bars and restaurants.

A group of bar owners sued the city shortly after the ban took affect Sept. 1, saying it is too vague to enforce and violates their constitutional rights. Their main goal is to get the ban permanently tossed out. But bar owners also want U.S. District Judge Sam Sparks to temporarily stop the ban because, they say, their profits have already dropped dramatically.

However, I have no doubt that if the ban is stripped down, the same assholes who proposed and supported it will just come back with another that ducks and dodges just the right ways to be legal enough.

This court challenge is fighting the symptom of a disease.

Health inspectors must cite a bar for three violations before the city can take it to court.

Austin has filed criminal charges against only one business, Clicks Billiards, for refusing to put away ashtrays and smoking-allowed signs after several inspections. Bar owners can be charged with a Class C misdemeanor, punishable by up to a $2,000 fine.

Sparks took a few jabs at the ban and its supporters.

"That's what the problem is with zealots. They overreach," he said, alluding to the anti-smoking leaders who wrote the ban, then gathered petitions to put it to a vote in May. "The people who wrote this (ban) intentionally dropped the word 'reasonably' and put 'necessary.' That could mean shooting a person" if they refuse to stop smoking.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 01:38 PM | Permalink

AP via The Houston Chronicle: Gun in briefcase trips up McAllen senator at airport

A South Texas lawmaker detained by police after bringing a handgun through an airport metal detector said Monday he made a mistake and that he had a permit to carry the weapon.

Sen. Juan Hinojosa, D-McAllen, was found with a 9 mm handgun in his briefcase as he passed through security at Miller International Aiport in McAllen, Harlingen television station KGBT reported. Airport security discovered the weapon and Hinojosa was taken to the McAllen Police Department before being released.

Posted by drizzten at 08:46 AM | Permalink

I am apprehensive of this news: Habitat for Humanity builds a home in 7 days.

Here's why:

1. Volunteers are doing a great deal of the work.
   
2. They'll be "working around the clock" to finish the project.
   
3. "Habitat house usually take 10 weeks to build."
   
4. They'll be using materials obtained both from direct donations and purchased with cash charity.
   
5. "Houses are sold at no profit, with no interest charged on the mortgage."

Unskilled volunteers are trying to build a family home with donated materials as fast as they can to complete the project in 1/10th the normal time and are doing so without the economic discipline of a profit-seeking enterprise. That seems like far too much to chew. I am honestly worried this house will suffer from quality problems.

I'm aware the builders are supervised and some have done this in the past and have a good sense of what they're doing. I'm aware it isn't likely the donated materials that get used will be rotted, useless junk. I'm aware Habitat for Humanity does take some minimal steps to assure the homeowners can actually make their mortgage payments and therefore injects a little market reality into the process.

However, combining all of the above concerns into a single housing project seems to significantly raise the risk of a flawed home in my eyes. I hope Alexander Anyaehie and his kids get a good home, but I think it would pay to monitor the project at each step of the way.

Posted by drizzten at 10:25 AM | Permalink

[Updates below.]

News8Austin: City to consider removing curb islands

In May, the city installed 35 curb islands along Shoal Creek Boulevard in the Allandale neighborhood to reduce traffic.

Residents have been questioning the effectiveness since then. Fay Martinson says they're a safety hazard.

"I'm so afraid that a bicyclist is going to fall in front of me ... [The city] should've done their research before they put them in," she said.

Cyclists often ride close to traffic to avoid the curb islands. Neighbors worry the obstacles and speeding cars make a bad combination.

"This was a pilot project and I think there was intent to do something new and innovative and sometimes thinking outside of the box is a good thing and successful and other times it's not successful," Austin Public Works Director Sondra Creighton said.

"I just think it's a waste. The city has really made a mistake and wasted a lot of money," Martinson said.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

That's primarily because that money isn't legitimately theirs so they don't have the natural desire of a property owner to put their funds to the most important uses. That's further compounded by the "ownership" the city government claims over the roadways.

I know this particular section of Austin fairly well because a good friend of mine used to live in the area and taking Shoal Creek was my favorite route to get from my apartment to his. It is (or was) one of the nicest and most pleasant urban drives in Austin, shaded almost totally by big trees and lined with interesting houses. I hope they don't screw it up.

But, then, I hope "they" will also give up the roadways for the neighborhoods and/or interested individuals to run and own by themselves. And that's about as likely as the chances that Austin city government will stop imposing taxes on us.

UPDATED 3/22/2006 1:35pm
News8Austin: North Austin curb islands removed. The process began yesterday and is expected to take two weeks.

Posted by drizzten at 08:59 AM | Permalink | Comments (1)

Though I've never read a word of his other than stopping by his journal one time on a whim, I went with some friends to hear him read from his new book Anansi Boys, interact with the crowd, and sign whatever was placed in front of him. He was scheduled to appear at 7pm on the 26th; a friend and I got there at 6:45 with enough time to for him to by a copy and join the others who made it there earlier.

My batteries died just as he started his reading, so I didn't get anything from that portion of his appearance. But I ran out to buy a set and came back well before the signing began.

Continue reading "Neil Gaiman @ BookPeople" »

Posted by drizzten at 01:48 PM | Permalink

Time for a break from politics.

Continue reading "The Horrorpops @ Emo's" »

Posted by drizzten at 12:18 PM | Permalink

Ron Paul, of the 14th Congressional District of Texas, is regularly considered to be one of the - if not the - most libertarian member of Congress. The doctor boasts an extensive archive at Lew Rockwell's website. Some refer to him as Dr. No for his regular and consistent "nay" votes on all kinds of legislation. He gets favorable mentions in Reason Magazine and within the Cato Institute. He ran as the Libertarian Party candidate for President in 1988.

Some insight into his opinion regarding Hurricane Katrina is found in a "Texas Straight Talk" column written on September 12 and titled, Responding to Katrina:

Private donations already have topped $600 million. This outpouring shows there is hope for rebuilding and breathing life back into New Orleans and other destroyed communities, if the American entrepreneurial spirit is permitted to operate freely.

[...]

The original $10 billion authorized by Congress for hurricane relief was spent in a matter of days, and there is every indication that FEMA is nothing but a bureaucratic black hole that spends money without the slightest accountability. Any federal aid should be distributed as directly as possible to local communities, rather than through wasteful middlemen like FEMA. We cannot let the Katrina tragedy blind us to fiscal realities, namely the staggering budget deficits and national debt that threaten to devastate our economy.

Why does Congress assume that the best approach is simply to write a huge check to FEMA, the very government agency that failed so spectacularly? This does not make sense. We have all seen the numerous articles detailing the seemingly inexcusable mistakes FEMA made - before and after the hurricane. Yet in typical fashion, Congress seems to think that the best way to fix the mess is to throw money at the very government agency that failed. We should not be rewarding failure.

[...]

The examples of FEMA blocking relief efforts are numerous: Wal-Mart trucks containing water and supplies were turned away; the Coast Guard was prevented from delivering diesel fuel; a 600-bed Navy hospital was left unused; firefighters were ordered away from flood sites; donated generators were refused; and rescue attempts by private citizens were rebuffed. Is FEMA really an agency that should be given another $50 billion?

In several disasters that have befallen my Gulf Coast district, my constituents have told me many times that they prefer to rebuild and recover without the help of federal agencies like FEMA, which so often impose their own bureaucratic solutions on the owners of private property.

Once again the federal government is attempting to impose a top-down solution to the disaster. No one questions where this $52 billion will come from. The answer, of course, is that the federal government simply is going to print the money. There will be no reductions in federal spending elsewhere to free up this disaster aid. Rather, the money will come from a printing press. The economic devastation created by such a reckless approach may well be even more wide-reaching than the disaster this bill is meant to repair.

[...]

Katrina’s victims and the rest of the country deserve a more sustainable and financially rational approach than simply printing and spending money.

One side claims Katrina proved there was not enough government welfare, and its distribution was based on race. The other side claims we need to pump billions of new dollars into the very federal agency that failed (FEMA), while giving it extraordinary new police powers. Both sides support more authoritarianism, more centralization, and even the imposition of martial law in times of natural disasters.

There is no hint that we will resort to reason now that the failed welfare policies of the past 60 years have been laid bare. Certainly no one has connected the tragedy of poverty in New Orleans to the flawed monetary system that has significantly contributed to the impoverishment of a huge segment of American society.

Congress reacted to Katrina in the expected irresponsible manner. It immediately appropriated over $60 billion with little planning or debate. Taxes won't be raised to pay the bill-- fortunately. There will be no offsets or spending reductions to pay the bill. Welfare and entitlement spending is sacrosanct. Spending for the war in Iraq and the military-industrial complex is sacrosanct. There is no guarantee that gracious foreign lenders will step forward, especially without raising interest rates. This means the Federal Reserve and Treasury will print the money needed to pay the bills. The sad truth is that monetary debasement hurts poor people the most-- the very people we saw on TV after Katrina. Inflating our currency hurts the poor and destroys the middle class, while transferring wealth to the ruling class.

[...]

Any new expenditures must have offsets greater in amount than the new programs. Foreign military and foreign aid expenditures must be the first target.

[...]

If Congress does not show some sense of financial restraint soon, we can expect the poor to become poorer; the middle class to become smaller; and the government to get bigger and more authoritarian-- while the liberty of the people is diminished. The illusion that deficits, printing money, and expanding the welfare and warfare states serves the people must come to an end.

When the House voted on H. R. 3673, the bill designed to send more than $50 billion to areas hit by Hurricane Katrina, Dr. Paul voted against it, one of only 11 reps to do so.

From his LewRockwell.com columns, he has recently said:

• "What programs can we cut? What agencies and departments should go? A better question is: What should stay on a permanent basis? That's easy: only those functions specifically outlined in the Constitution. Is foreign aid allowed by the Constitution? No. Is public housing in the Constitution? No. Is federal involvement in education? No. Are the EPA, OSHA, and the BATF? No."
  
• "The greatest threat facing America today is not terrorism, or foreign economic competition, or illegal immigration. The greatest threat facing America today is the disastrous fiscal policies of our own government, marked by shameless deficit spending and Federal Reserve currency devaluation. It is this one-two punch - Congress spending more than it can tax or borrow, and the Fed printing money to make up the difference - that threatens to impoverish us by further destroying the value of our dollars."
  
• "Most governments, including our own, tend to do what they can get away with rather than what the law allows them to do. All governments seek to increase their power over the people they govern, whether we want to recognize it or not. The Patriot Act is a vivid example of this."
  
• "The City of New London, Connecticut essentially acted as a strongman by seizing private property from one group of people for the benefit of a more powerful private interest. For its services, the city will be paid a tribute in the form of greater taxes from the new development. In any other context, what's happening in Connecticut properly would be described as criminal. However, the individuals losing their homes understand that stealing is stealing, even if the people responsible are government officials."

Paul Asks President for Emergency Declaration

September 21, 2005

Washington, DC: Congressman Ron Paul has joined Texas Governor Rick Perry in requesting a federal state of emergency declaration for the entire state of Texas. Under a federal declaration of emergency, federal assistance in many forms becomes available to the people of Texas. This assistance includes Disaster Unemployment Assistance, Hazard Mitigation, SBA disaster loans, and USDA loans, in addition to assistance from the U.S. Coast Guard, Federal Emergency Management Agency, and the Department of Homeland Security in general.

President Bush declared the emergency today, pledging a stepped-up federal response to what may be the biggest Hurricane ever to hit Texas.

Paul, in a letter to the president, stressed that all 254 counties in Texas likely will be affected by the hurricane, causing the displacement of thousands or even millions of citizens. Galveston and Brazoria counties in particular may be hard hit, and will need the coordination of federal, state, and local disaster services to ensure the fastest possible recovery.

Read that list of agency and program activation. I challenge Dr. Paul and any of his supporters to find direct Constitutional authorization for most of that. Aside from DHS and the Coast Guard and FEMA (which the rep has clearly indicated is at best a wasteful, failed bureaucracy), they all fail his usual legislative tests for federal action. This is merely another arm of the welfare state that he is supposed to oppose.

I was worried Dr. Paul would do this. I must admit I'm not that surprised. Despite his laissez-faire reputation, he is still a government agent and one that advocates a Constitutional structure that monopolizes or bullies some crucial markets for itself. I'll let you decide if this approach works with his "Freedom Principles":

• Rights belong to individuals, not groups.
  
• Property should be owned by people, not government.
  
• All voluntary associations should be permissible -- economic and social.
  
• The government's monetary role is to maintain the integrity of the monetary unit, not participate in fraud.
  
• Government exists to protect liberty, not to redistribute wealth or to grant special privileges.
  
• The lives and actions of people are their own responsibility, not the government's.

Posted by drizzten at 02:52 PM | Permalink | Comments (2)

This is free market capitalism, as far as I'm concerned. This isn't "exploitation"; this is offering a product at a price for which others are willing to pay because they value it more than the money he's asking. Good for him.

I'll have to drop by to give their pizza a taste.

Posted by drizzten at 06:13 PM | Permalink | Comments (1)

8:05pm, looking roughly due south from 51st Street

Posted by drizzten at 08:29 PM | Permalink

[Updates below.]

...and she'll screw up my plans for the weekend. I had wanted to apply the finish to my newly stained computer desk on Saturday and Sunday, but given the current projections from the National Hurricane Center, I doubt that will be the time to be out on my front porch.

I predict this will significantly affect the Austin City Limits Festival. It's supposed to go from the 23rd through the 25th and Hurricane Rita is projected to be already over the state early Saturday. I didn't buy a ticket because they cost more than the bands I wanted to see. Some people recently bought tickets at hefty prices; what do they think now?

Hotels are fully booked from the influx of ACL Festers, Katrina evacuees, and Rita evacuees. Austin school districts are preparing shelters. Texas National Guardsmen are being called up. Jane Greig has some preparedness tips. The extended forcast is for rain on Saturday. The National Weather Service is saying:

SATELLITE IMAGES INDICATE THAT THE CLOUD
PATTERN IS TYPICAL OF AN INTENSE HURRICANE WITH A CLEAR EYE
SURROUNDED BY VERY DEEP CONVECTION...

...THE ENVIRONMENT IS CONDUCIVE FOR STRENGTHENING AND RITA...AS KATRINA DID...WILL BE CROSSING THE LOOPCURRENT OR AN AREA OF HIGH HEAT CONTENT WITHIN THE NEXT 12 HOURS OR SO. THIS WOULD AID THE INTENSIFICATION PROCESS. THEREAFTER...THEINTENSITY WILL BE CONTROLLED BY CHANGES IN THE EYEWALL WHICH ARE DIFFICULT TO PREDICT. THE HEAT CONTENT IN THE WESTERN GULF OF MEXICO IS NOT AS FAVORABLE AS IN THE AREA OF THE LOOP CURRENT SO SLIGHT WEAKENING IS ANTICIPATED....BUT RITA IS EXPECTED TO MAKE LANDFALL AS A MAJOR HURRICANE...AT LEAST CATEGORY THREE...

...THE OFFICIAL FORECAST IS VERY CLOSE TO THE MODEL CONSENSUS AND HAS NOT CHANGED FROM THE PREVIOUS FORECAST...

...A HURRICANE WATCH WILL LIKELY BE ISSUED LATER THIS AFTERNOON OR
TONIGHT.

IT WOULD NOT BE A SURPRISE IF RITA BECAME A CATEGORY FIVE HURRICANE IN THE NEXT 24 HR BEFORE WEAKENING SOMEWHAT DUE TO A CONCENTRIC EYEWALL CYCLE OR THE
LOWER OCEAN HEAT CONTENT WEST OF THE LOOP CURRENT. RITA SHOULD
MAINTAIN MAJOR HURRICANE STATUS UNTIL LANDFALL...THEN WEAKEN AFTER
LANDFALL.

Continue reading "Hurricane Rita Will Hit Texas, Her Remnants Will Hit Austin" »

Posted by drizzten at 10:38 AM | Permalink

Austin Chronicle: What Works

Who Needs Government?

There's been plenty of ink spilled in the last week on the incompetence and negligence of the federal emergency authorities - even from sources more reflexively given to apologetics - and there will be time for plenty more of that. So I'll refrain from piling on at the moment. But one can only hope that, among other things, the Katrina disaster will become the high-water mark of the anti-government zealots who have been driving state and national policy for the last decade or so (indeed, the current federal mob dates back to the Reagan administration). It's important to understand that what they've done is not simply inattention or even negligence; it's been a calculated, ideologically driven campaign to weaken every community-based function of government.

Reagan had some good anti-government rhetoric, but hardly anything good came of it from this anti-government zealot's perspective.

Last week, as the disaster worsened, the Center for Public Policy Priorities released a brief statement on the inevitable results of that campaign that is as good a summary as I've seen. The veiled reference to "a leading proponent of tax cuts" refers to Grover Norquist, nominally director of Americans for Tax Reform and a Rick Perry crony but more generally an ideological cheerleader and PR bully for the GOP's anti-government juggernaut. Most recently, whenever the Legislature considered an actual revenue solution to the radically underfunded Texas school system, Norquist would issue from D.C. a peremptory warning to any legislator daring to violate his or her ATR "pledge" for "no new taxes."

Copyright © 1995-2005 Austin Chronicle Corp. All rights reserved.

Does Mr. King think holding a legislator to his or her word is a bad thing? Is it wrong to send a reminder of your promise to take a firm stand on an issue that can be very difficult stand to take in the face of, oh, people like Mr. King who are constantly calling for more government expenditure and services?

The CPPP commented, "We believe Americans must adequately support their government, which is after all merely the agent of our democracy. Those who oppose all tax increases on 'principle' and call for tax cut after tax cut are disserving our country.

An abstract political concept cannot contract with an abstract social concept. That's an action only an individual can perform. An idea cannot act. But the CCCP CPPP wants us to believe the cumulative process and effect of voting for politicians and referendums has a will and mind of its own and has not only the characteristics of an rational being, but also has the right and authority to leash actual rational beings to the state to serve Democracy's purposes.

Cries that "our will" is the nature of Democracy and it is therefore nonsense to assert as I have that Democracy is tyranny refuse to understand that the existence of a single hold-out or dissident subject to the state's authority shatters their illusion of legitimate agency. All it takes is one, but it isn't hard to find millions. Those weeped-after "apathetic" non-voters didn't lend their positive consent in the elections they skipped, did they? Those furious progressives who voted for John Kerry didn't get their "agency," did they?

Democratic agency distills to one thing: the bigger group telling the smaller group how to live, even riding roughshod over those vaunted "checks and balances" when the impetus is great enough.

Dig those scare quotes around the word principle. Is it unprincipled to oppose all tax increases, regardless of the uses for that stolen wealth and the method of it's collection?

If anyone is annoyed I've been writing "the CCCP CPPP" they just need to ponder the reasons why its leaders published that last line. Further confirmation can be found prior to that statement when they wrote, "In addition, when we talk about rebuilding New Orleans, we should not talk merely about the structure of levees to hold back the water, but the structure of society to raise up the people."

They quite obviously think you and I ought to be serving the community rather than ourselves. In principle, there is no difference between that and the motive moral code of communists and socialists all over the world.

"In America today there are highly influential anti-government, anti-tax groups working to benefit the few at the expense of the many. One leading proponent of tax cuts [Grover Norquist] has remarked that he wants government to be so small that he can drown it in a bathtub. As the tragedy of Hurricane Katrina teaches us, however, when government is so small that we can drown it in a bathtub, it is not government that drowns, it is us."

There is no doubt in my mind that influential groups exist to siphon wealth from some groups of people and hand it to others. For example, those who propose taxation as a way to fund welfare and those who demand preferential treatment for their businesses at the expense of competitors. It is also true that an across-the-board tax income cut is going to benefit the wealthy more than the poor...but this is due in no small part to the "progressive" nature of the income tax system. It is also due to one of those unspoken but widely accepted maxims: You loot where the money's at.

And it ain't in the hands of a single mother with two children living in a small apartment on the shitty side of town.

The leaders of the CCCP CPPP sum up their position explicitly in the last sentence. Never mind that the society we saw on display in the week after Hurricane Katrina was hardly a cut-and-dried lab test of limited government republicanism versus welfare state social democracy.

No, they are not very coy about where they stand. Without the state, we die. Without a significant government, we suffer. In order to everyone to survive and be successfull, we have to be pre-emptively shackled by laws against actions that violate no rights; more and more decisions must be made for us, in our name; an increasing proportion of the fruits of our labor must be taken from us to fund the failures and misery of others; and we'll administer and coordinate it all through a fucking popularity contest that no reality-based observer could possibly describe as "the will of the people."

Michael King thinks this is "as good a summary" as he's seen of the outcome generated when you tack towards the reduction of government in our affairs.

I think both he and the CPPP are cracked.

*I'm coming back to Ernest Partridge's bullshit in a separate post.

Posted by drizzten at 11:06 AM | Permalink

I haven't written anything on the local government response to Katrina's victims, though there are certainly stories to tell and news to analyze. I haven't written anything because I know I would not be able to discuss city and county efforts without deep criticism of the very idea those governments ought to be doing what they're doing.

I'm not ashamed of what I think and what I'd advocate to be done. On MySpace, the following question was posed several days ago to the Anarcho-Capitalism group:

Kid Chino Wrote:

How would an anarcho-capitalist society handle a major disaster like Hurricane Katrina? Would it be up to organizations like the Red Cross and Salvation Army to rescue the poor stranded in a flooded city like New Orleans?

While I think voluntary charity, professional rescue squads, self-organized defense militias, insurance, motivated individuals, and other byproducts of a free-association society would indeed tackle a disaster of Katrina's magnitude, I think it must be stressed that there are no quick, easy, or painless fixes for something as disastrous as this. The outcomes of free market transactions are absolutely crucial to the region's recovery; there can be no other kind in a society that respects individual rights.

But those outcomes are not going to address every problem in the perfect manner for all those concerned. The area's problems are too immediate, too quick, and too deep (no pun intended). Some people are just going to get and be screwed.

Roy W. Wright Wrote:

You have to keep in mind that many incentives would change under anarchism; people's behavior and response to risk would change.

This is very important to note.

If markets were truly free, there would be a greater disincentive to build and live in areas prone to natural disasters. If people had a greater sense of personal responsibility (necessary in an AnCap society), they'd plan ahead and be more prepared. If profit-seeking enterprises had more leeway, the society in general would be more prosperous, leading to greater technical solutions to nature's destructive forces.

In the interests of honesty, and of providing a contrarian voice to the conversation broadcast out of this city, I will be forthright.

Not even in times of emergency do I think it is acceptable for theft, assault, and murder to occur. Someone's need does not impose a moral obligation (nor should it impose a legal duty) upon others to help. Personal responsibility is doubly important during a crisis.

Therefore, I'm not happy the City of Austin and Travis County are assuming the role of my representative and asserting they are helping hurricane victims in my name. The fact that both governments are seeking federal reimbursement for the costs they incur does not reduce my distaste for their actions; I've paid far more in federal income taxes than local sales and property taxes making the direct connection to me even greater. Furthermore, I think it is rotten to walk out to a crowd of ruined and dejected people, claim to be their saviors, use wealth taken from locals to help them, and then ask the feds to pay back what was spent out of their pile of stolen loot. It's not just flatly wrong, but mendacious.

When the Red Cross, Salvation Army, or the many others operate, you can at least assume the resources they're using to help people are mostly - if not entirely - theirs to give.

I am heartened by stories of evacuees finding work shortly after arriving here so they can get back to providing for themselves and their families. Larry Pinchon stands out as a good example.

I live barely 2,000 feet from the Freescale Semiconductor site (a former Motorola facility) at 3501 Ed Bluestein Boulevard (otherwise known as Highway 183) where the coordinated donations effort has directed charity and volunteers. The traffic heading there over two weekends ago was tremendous. The cops had blocked the median turning point leading to Hudson Street, across from the American Legion building. So much was given that the city asked Austinites to temporarily pause so relief workers and volunteers could sort through the tons of materials. The relief center has reopened and is accepting donations; tomorrow I'm going by to drop off two unused computers with a monitor each and all the important peripherals.

The Austin Convention Center has become a temporary home for 4,000 Louisiana evacuees and as of last week's end, more than half of them have either found charitable housing from foundations, friends, and family or their own homes. The Red Cross operates this shelter. The Toney Burger Center was opened for refugees on August 30th and was primarily for those who needed no medical attention. The Palmer Events Center was opened on September 3rd for those with some medical needs. City police, health workers, Austin ISD, and city and Travis County emergency officials are involved, as far as I know, in all three locations.

The list of services or coordination by local governments include:

• Free one-way air fare or other travel tickets
  
• Food Stamps & Medicaid
  
• the temporary boarding of pets
  
• Austin Independent School District student registration and enrollment
  
• job search, skills development, and outright employment with the city

It bothers me to see lives flattened and thrown around the country. However, it doesn't justify forcing others to bear the burden of helping those in need.

Posted by drizzten at 02:00 PM | Permalink

Thusly: 755 new laws that attempt to control, regulate, twist, tame, direct, and feed upon your life. Anyone care to dig through those 16 pages? Any producers feel up to the task of examining the legal spiderweb?

KVUE, the Houston Chronicle, the Fort Worth Star-Telegram, the Austin Chronicle (love the title, assholes!), News8Austin, the San Antonio Express-News, and Click2Houston have plain-language versions of those more likely to hit the Standard Citizen. Some of them weaken state power. All of them affirm it.

Posted by drizzten at 08:59 AM | Permalink

I hate seeing this shit.

Posted by drizzten at 08:41 AM | Permalink

Attorney General Abbott's Statement On Gasoline Prices

"I understand Texas consumers are concerned about the rising cost of gasoline, however, with Hurricane Katrina, there has been a significant loss of production capacity in the Gulf of Mexico and refining capacity along the Gulf Coast. Prices will go up. Rest assured, my office will diligently watch for the incidence of price-gouging at particular gas stations that seem out of step with generally prevailing market forces."

I, as an extension of the state, run your asses and this certainly includes business owners. "Owners." Ha! I'll decide what is "too much" to charge at the pump. You may think your say in the matter ends when Granny complains, but it is I who takes the important action. If you break from the pack, deviate from the norm, and push the envelope I'll be there with the threat of police violence against you. Should you display any moves to peacefully conserve your supply of fuels by raising prices outside a general price trend that I define, you get to deal with me...and I have the budget of the Texas Attorney General's Office behind me. Whadda you got? I talked shit to the hotel industry, so I'm not bothered by a few gas stations.

Posted by drizzten at 08:36 AM | Permalink

Notice of Public Hearing on Tax Increase

Last year, the Travis County property tax rate was $0.4872. That rate raised $230,596,831, a portion of which was used to fund operations such as law enforcement officers, jails, emergency medical services, criminal and civil courts, felony and misdemeanor prosecutors, roads, parks, and social services. This year, Travis County is proposing a property tax rate of $0.4864. That rate would raise $240,357,442, which is $9,760,611 more than the taxes imposed last year. There will be two public hearings to consider that increase. The first public hearing will be held on Tuesday, September 13 at 9:00 AM in the Commissioners Courtroom on the first floor in the Ned Granger Building at 314 West 11th Street, Austin, Texas. The second hearing will be held on Tuesday, September 20 at 9:00 AM on the first floor in the Ned Granger Building at 314 West 11th Street, Austin, Texas. You have a right to attend the hearings and make comments. You are encouraged to attend and make comments if you wish.

Last Modified:
Monday, August 29, 2005 12:27 PM

...$0.4872 last year...

...$0.4864 this year...

...you can certainly "increase" $0.4872 to $0.4864 by adding -$0.0008 to it...

Granted, if the appraised value of the taxed property has increased, the county will certainly scare more in taxes out of the owner than last year. In that sense, yeah, it's a tax increase. But it isn't what is usually implied by the term.

Typo?

Posted by drizzten at 03:17 PM | Permalink

Austin-American Statesman: It's last call for smokers

At 12:01 a.m. Thursday, city's ban will embrace almost all establishments.

Across Austin this week - and just outside it - restaurants and bars, bowling alleys and pool halls are bracing for the impact of the smoking ban that voters narrowly approved in May. Ashtrays will go the way of spittoons. Nonprofits are bolstering their quit-smoking resources. And a handful of area joints that are exempt from the ban are opening their doors a little wider to draw in smokers.

Full text here, but the Amlegal.com website never consistently works, so either be patient if you want to read the details of this particular invasion of freedom or download the ordinance text here. The Health and Human Services Department has two PDFs to read: a FAQ and the results of a Q&A community meeting. The bloody details are in there.

Everything I've written relating to the Austin smoking bans, in reverse order:

1. Yeah, We'll Just All Talk It Over
   
2. The Additional Tyranny - The New Austin Smoking Ban Passes
   
3. Austin Smoking Ban Hits the News
   
4. "This is beginning to feel like persecution."
   
5. Fight the Austin Smoking Ban
   
6. Austin Smoking Ban in Effect Today
   
7. The People vs. The Tobacco Industry
   
8. Austin's Smoking Ban, Revisited
   
9. Austin Smoking Ban Update
   
10. Why Society Must Change First III
    
11. Individual Rights & Collective Rights: Smoking
    
12. Austin Smoking Ban Passes
    
13. Austin Smoking Ban Considered Today
    
14. Austin Smoking Ban Finale
    
15. Austin Smoking Ban Passes, Kinda
    
16. Chirac to Smoking Frogs: No More!
    
17. Austin Considers a Smoking Ban

These are your values, people. It's your duty to rank and weigh them against each other.

Continue reading "Deadline for the Austin Smoking Ordinance" »

Posted by drizzten at 01:13 PM | Permalink | Comments (3)

Zilker Botanical Garden
Austin, Texas

Saturday & Sunday, August 27-28, 2005
10 am - 6 pm - Free Admission

Details here. My girlfriend is part of the Austin Bujinkan Tanemaki Dojo and will be one of the ninjas on hand to slice and dice the threatening bamboo shoots.

When not watching that with glee, I'll be roaming around looking for info on landscaping, growing, and cultivating bamboo for my yard.

Posted by drizzten at 04:41 PM | Permalink

Austin-American Statesman: City rallies around futuristic car

By Stephen Scheibal

AMERICAN-STATESMAN STAFF

Tuesday, August 23, 2005

It is something like a capitalist's dream: Citizens petitioning to buy a product, governments setting aside money to help them pay for it, business leaders talking about the economic benefits, environmentalists proclaiming the earth's gratitude for every purchase.

I'm at odds with a great deal of this article.

This lede is only correct if you assume a capitalist is someone who wants to take money stolen from other people to finance the capitalist's operations. Granted, today there are far too many businessmen like that, but that does not excuse this mischaracterization.

There was, perhaps, only one problem with the mass shopping spree that Austin officials imagined with great fanfare at City Hall on Monday: The product doesn't, per se, exist.

The invention is known as a plug-in hybrid vehicle. It is a car that runs largely off a battery, switching to gasoline as electricity runs low. DaimlerChrysler AG expects to deliver the first such vehicles to Austin and other cities next year.

The vehicles partially replace gas pumps with electrical sockets. Owners plug their cars into a wall outlet, recharging the battery with the energy that fuels their refrigerators and air conditioners. According to the city, 70 to 80 cents on a power bill would provide as much energy as a $2.50 gallon of gas.

Plug-in hybrids could go 35 miles or more without burning gasoline and potentially cut the nation's gasoline use by 70 percent, city officials said.

The city wants to promote both the supply and demand of plug-in hybrids. Mayor Will Wynn and other officials launched the campaign before more than 100 people Monday.

Wynn declared that Austin Energy, the city-owned electric utility, eventually plans to provide $1 million to help people and entities buy the vehicles. He also said Austin and other local governments will commit to adding plug-in hybrids to various auto fleets.

And area officials and community leaders contributed the first signatures to a petition encouraging automakers to produce more plug-in hybrids.

Wynn said the drive will only begin in Austin, saying he expects other cities to sign on as well. He said the technology promises to lessen the nation's dependence on foreign oil, cut down on gasoline bills and improve air quality.

"The benefits are across the board," Wynn said. "What we need are a lot of partners."

Continue reading "Hybrid-Electric Cars in Austin" »

Posted by drizzten at 10:55 AM | Permalink | Comments (2)

The AP via News8Austin: Perry orders TEA to implement school spending restrictions

Gov. Rick Perry is blaming the Texas Legislature for inaction during three failed special sessions on school finance reform.

So Perry today ordered the state education commissioner to restrict how much Texas schools can spend outside of direct classroom expenses.

Under the order, districts will be required to spend no more than 35 percent of their budgets on non-classroom expenses such as transportation, school lunches and administration.

Copyright 2005 Associated Press, All rights reserved.

Under his order, Shirley Neely, the state education commissioner, is expected to implement changes in financial reporting by school districts, adding a mandate that at least 65 percent of funds go to classroom instruction.

Proposals for such a directive have upset school officials fearful of being forced to shift resources from areas such as transportation, campus safety and food services.

[...]

Some 1,000-plus Texas school districts spent an average of 60 percent of funds on classroom instruction in 2002-03, according to the National Center for Education Statistics. Austin-area districts fell short of the 65 percent mark that year.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 08:57 AM | Permalink

News8Austin: Cat abuse case highlights a growing problem

Lee County Animal Control workers are dealing with what they call "an extreme case of animal cruelty."

They want to know who shot a young cat with a 2-foot arrow.

Lee County Sheriff's Department Investigator Charles Kothmann took the call from a woman who found the cat.

"She stated she had a cat in her driveway that had been shot with an arrow. I thought, 'That's interesting, how does she know it was an arrow?' She told me the arrow was still in the cat," Kothmann said.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Now, I don't advocate that animals have the same rights as humans. I don't want government involvement in cases of animal abuse. I don't think the person(s) responsible for hitting the feline with an arrow should be locked up.

I do think whomever did this deliberately is a flat-out fucking monster and I wouldn't be opposed to that person getting a hearty kick in the head. I have a deep weakness for cats and I really, really hate to see them treated badly.

Posted by drizzten at 01:59 PM | Permalink | Comments (1)

The City of Austin:

State health authorities require that all school children must be vaccinated against certain childhood diseases before they are permitted to enter school.

§ 25.085. COMPULSORY SCHOOL ATTENDANCE. (a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.
(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 18th birthday shall attend school.
(c) On enrollment in prekindergarten or kindergarten, a child shall attend school.
(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 18th birthday shall attend school each school day for the entire period the program of instruction is offered.

Posted by drizzten at 10:14 AM | Permalink

Austin-American Statesman: Eminent domain bill headed to Perry

A high-profile measure designed to prohibit governments from seizing private property for commercial development is on its way to Gov. Rick Perry, who will probably sign it.

[...]

The eminent domain measure, by Sen. Kyle Janek, R-Houston, was triggered by a June ruling by the U.S. Supreme Court that allowed city officials in New London, Conn., to condemn and take a widow's home for a commercial development.

The case quickly became a hot-button issue across the country for property rights advocates, who insisted that eminent domain lawsuits should not be used for private development.

Under the bill, governmental entities would be prohibited from condemning private property for economic development projects. Exceptions were carefully written in for public-use projects such as roads, parks, libraries, auditoriums, ports and utility work.

Also exempt would be the construction of a new Dallas Cowboys stadium in Arlington and an urban renewal project involving an empty downtown Dallas high-rise.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Yet this is fundamentally no different from what happens when a government "condemns" your land for some purpose. It simply does not matter if that purpose is for a government library, highway, sports stadiums, or high-rise apartment buildings. The act remains thoroughly illegitimate, wrong, and harmful. To endorse "public" uses over "private" uses is to actually take a step in a worse direction: it entrenches the common perception of the Collective as being more important than the Individual. Looking at history and the present day will reveal just how greatly our freedom has been violated by that premise.

Janek himself stated:

Sen. Janek's proposal would allow a unit of government to use eminent domain to take land for public use, but public use would not include economic development.

"I'm proud to stand with Chief Justice Rehnquist and Justices O'Connor Scalia and Thomas in support of private property rights and against those who would take homesteads and family businesses under the guise of economic development," Janek said.

Posted by drizzten at 09:17 AM | Permalink

Austin-American Statesman: City owed almost $700,000 in hotel taxes

Three hotels make up almost half of the nearly $700,000 in delinquent occupancy taxes owed to Austin, according to a city auditor's report.

[...]

About half of the 37 delinquent accounts owed less than $5,000.

The hotel occupancy tax generates about $27 million annually, which goes to cultural arts, tourism promotion, the convention center and some capital projects.

Austin levies a 9 percent tax on the cost of a room in hotels, motels, bed and breakfasts, and other businesses that provide short-term lodging.

This isn't a huge amount to individually bear. I'm certain most people just move right on past it without pausing. They don't have to deal with the administration of the tax: that falls to the business owner. That ambivalence is another reason to hate the system, as it becomes easier to justify the theft and increase it when most folks aren't complaining.

Though the city has collected about 99 percent of the money it is owed, the number of hotels that owe the city money has increased over the past three years.

The auditor's report said lax enforcement contributed to the decline.

The city has not filed a lawsuit to collect back taxes since 1997.

"Not fully pursuing delinquent hotels contributes to a worsening trend of noncompliance, negatively impacts participating funds and creates a greater risk of uncollectible accounts in the future," City Auditor Stephen Morgan wrote in the report, released Tuesday.

The city plans to begin cracking down on delinquent hotels with new enforcement measures, including filing lawsuits to collect the taxes owed, now that a process has been created to refer the cases to the law department, according to the report.

"It sends a message that we're paying attention to this revenue stream," Morgan said.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 09:42 AM | Permalink | Comments (2)

News8Austin: More problems erupt at Mount Bonnell

Up the long trail of stairs is a special place for the city of Austin -- the top of Mount Bonnell.

[...]

This weekend, visitors saw something no one wants to see -- graffiti. The city hired an outside contractor to clean up the mess on Monday.

"I'm glad it was actually cleaned up by the time we got here because I don't think I would have enjoyed it otherwise," Plano resident Liesa Richardson said.

The graffiti may be gone but there are still some problems. The park has no lights and people often come to the park after it closes at 10 p.m.

Visitors are also complaining about an increase in trash.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

I think the bulk of the issue resolves down to one word: ownership.

Since "the people of Austin" are allegedly the owners of Mt. Bonnell, we are taxed in order for the city government to have the resources to operate and maintain the grounds. Since "the people of Austin" are allegedly the owners of the mountain, the city government that is supposed to represent has been tasked with policing the grounds to keep them safe and clean. A relationship among the individuals who use the park, the individuals who "own" the park, and the individuals who take operating responsibility for the park has been established.

This relationship has many problems, however. Can anyone point them out?

If the land was under private ownership, the relationship would appear to be the same, just the entities are different. But when the nature of the entities is changed, the relationship also changes. Switching out the collectivization of government and aggressive force with private individuals and free exchange makes all the difference.

I don't think there are rational arguments that can coherently establish and ground the assertion that some kinds of land (usually scenic, undeveloped, and unique) automatically belong to "the people of insert political subdivision." Once that red herring is dispensed with, we move forward and actually make progress.

Posted by drizzten at 09:09 AM | Permalink

News8Austin: Alamo Drafthouse named No. 1

Entertainment Weekly remembered the Alamo.

The magazine named the Austin chain the top theater in the United States for "Doing It Right."

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

How fucking sweet is that? Austin has:

• a local theater chain that sells good food at reasonable prices;
  
• has a regular schedule of special events that usually draw artist(s) involved with the material showcased;
  
• multiple locations that feature either current-release movies, indie flicks, or special screening events;
  
• that, most importantly, will sell beer and wine to the moviegoer.

I salute you, Tim and Karrie League. When I think "movie" and "austin," I think first of the Alamo Drafthouse.

Posted by drizzten at 08:03 PM | Permalink | Comments (1)

Apparently, Round Rock ISD has shattered the age-old economic concept that there are no such things as free...school supplies and immunizations.

A round of applause for the fleeced wealth of taxpayers, absent from the discussion, as usual.

Posted by drizzten at 12:44 PM | Permalink

News8Austin: Owner can take down historic home

A homeowner won a victory over his neighborhood.

Bill Walters has been fighting to tear down his home and build anew in Austin's historic Pemberton Heights. Pemberton Heights was one of Austin's original suburbs.

Walters' neighbors opposed the demolition saying the home should be rezoned as historic by virtue of its architecture and its ownership. Two other people who have owned the home have made contributions to Austin's history.

But council members didn't believe there was enough proof to warrant rezoning.

Congratulations are in order, Mr. Walters. You've overcome the-

The city's planning commission will advise him along the way.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 12:31 PM | Permalink | Comments (1)

[Updates below.]

About 90 minutes ago, "Jan" from the U.S. Census Bureau knocked on my door. She handed me a flyer announcing the 2006 Census Test. The bilingual flyer isn't was concerns me. What concerns me is that she asked to take a GPS reading of "the exact location of your front door."

I asked her why and she didn't have an answer. She did, however, express serious worry about the government's desire to collect this information and what might motivate it. I asked her why, if she was so concerned, didn't she quit the job and do something else. She replied that she needed to pay her rent like everyone else and was planning on starting her own business. I left the opening alone and we instead talked about "alternative media" such as Alex Jones and his documentaries, 91.7FM KOOP/KVRX, Radio Free Austin, and so forth. If she was putting on a performance for me, it was convincing. She mentioned subjects that are mentioned on GCN and RBN such as government manipulation of viruses and food supplies.

She also brought up the feelings of some that arming ourselves might be a good thing in case something happens. She thought the danger came from plans within the government to crack down on independent voices and dissenters. I told her I thought that was a worry worth keeping in mind, but an economic crack-up was more likely. Nowhere in this conversation did I venture information beyond my first name, my opinion of political events, where I stood. She reacted a tad shocked when I said I'd rather not have government period, rather than reform it.

When I mentioned that having this locational data on file might be of use to federal agents stationed in Austin, specifically mentioning the IRS, she said she worked for them for a year and hated it, hated the IRS itself for what she saw.

I told her that I did not want a precise reading at the foot of my door. I also told her I wasn't going to forcibly stop her from taking a reading off my property. But I did tell her if was going to save the latitude and longitude of my address, I wanted it done out in the street. I'm well aware that the more accurate GPS technology the government uses has more resolution and a higher degree of accuracy and both the error of guided munitions and their blast radii make any potential effort to push the aiming point 25 feet or so from my house somewhat futile, but I absolutely did not want doorstop accuracy on file with the federal government.

Searching the Census Bureau website questions box for "2006 census test" gets you nothing. Searching for "GPS" gets you the same. Googling for "2006 census test" gets you a few hits. One of them, 2006 Census Test Operational Photos has this to say:

The 2006 Census Test is being conducted in portions of Travis county, Tex. and the Cheyenne River Sioux Reservation, S.D. The 2006 Census Test will help the U.S. Census Bureau evaluate new ways to count the population and plan a more accurate and cost-effective 2010 Census.

A hit on the Dallas Regional Office has this to say:

The U.S. Census Bureau is conducting a 2006 Census Test in Travis County, Texas, including parts of the city of Austin and its suburbs to test new technology, methods, and procedures for implementation for the 2010 Census.

EMPLOYMENT OPPORTUNITIES

CENSUS TAKERS NEEDED
$14.50 PER HOUR, PLUS MILEAGE

CALL NOW 1-888-814-6711

I don't have time to dig into this further, but I will when I get back home in a few hours.

UPDATED 8/1/2005 10:11am
When I first posted this, I didn't read the Fact Sheet. I wanted to sit down and look at it yesterday, but that didn't happen until this morning. Here's what it says:

The Census Bureau is testing:

• How to improve methods for collecting data from respondents who speak a language other than English, including bilingual questionnaire delivery.
  
• How to improve data collection procedures that will enhance overall data quality for people, housing units and group quarters.
  
• How effective is the use of hand held computers with Global Positioning System technology for field data collection and support operations.
  
• The impact of different replacement questionnaire-delivery strategies.
  
• How to improve data collection methods in group quarters, dormitories, correctional facilities, nursing homes, and unconventional housing.

The conversation I described above with Jan the Census Enumerator reads oddly, but that is how it went. I didn't get a "pitch" or a scripted statement. When she announced who she was and what she was doing, I expected the kind of hyper-bland, nonconfrontational, multicultural tone I've come to expect from the state's agents, especially when directly interacting with hundreds of members of the public. There wasn't a trace of that to be found with her; she backtracked almost immediately, acting more embarassed than bored.

I've sent the following message to the Dallas Regional Office public e-mail address and the Press Inquiries e-mail address for the main Census Bureau website:

TO: dallas.regional.office@census.gov
CC: pio@census.gov
Subject: 2006 Census Test & GPS

My name is Charles Hueter, I live in Travis County, TX, and I was contacted by a Census Bureau employee over the weekend regarding the '06 Test. She asked permission to take a Global Positioning System coordinate reading as close as possible to my front door.

I would like to know why such a specific measurement is necessary. Other than for simply testing equipment, for what purposes would the Bureau use these latitude and longitude readings?

Thank you for your time.

-Charles Hueter

According to the USAID website, "East Timor, the world's youngest country, is also the first country to successfully make comprehensive use of global positioning system (GPS) technology for its census." The date of that release is November 16, 2004. Might the Census Bureau be thinking about doing the same for the US?

Actually, yes: Census Bureau eyes GPS for 2010 U.S. effort

The U.S. Bureau of Census plans to equip half a million temporary field workers with GPS-capable handheld computers that will underpin the agency's efforts to re-engineer its data collection and processing operations for the 2010 effort. The field data collection automation (FDCA) initiative aims at reducing the paperwork-driven costs of staff and office space required to compile census-takers' reports using traditional methods.

More than 60 million addresses and field assignments will be handled out of 500 temporary local census offices.

In preparation for the 2010 effort, the bureau is conducting a census test between June 2005 and December 2006. As part of this test, the bureau will acquire and use up to 1,651 personal digital assistant (PDA) devices with the option of incorporating GPS hardware. Field interviewers or "enumerators" will collect household-level information using a Census Bureau-developed automated questionnaire.

The PDAs will be used to collect housing unit location information using a GPS receiver and mapping software that can display and create maps using data saved in ESRI's ArcPad shapefile format.

Census officials expect the test will determine the feasibility of using the GPS-enabled PDA devices for locating and navigating to assignment areas and housing units, collecting census and payroll data, and testing new census procedures and concepts. Bids to supply the equipment closed early in August.

The GPS equipment must output NMEA-0183 (v2.20 or later) SiRF standard protocols and possibly others and track L1, L2, or L5 C/A-code continuously. The agency's FDCA solicitation sets differential GPS as the priority signal, followed by WAAS and unassisted "pure" GPS. The test's accuracy requirement is three meters or less uncorrected, although it notes that data can be differentially corrected. Finally, the receivers will take advantage of any Global Navigation Satellite System (GNSS) signals available at the time of procurement, and specifically notes Europe's Galileo system now under development.

Looking ahead to a full-scale rollout in 2010, the Census Burea has established a website with detailed background information, reports, and other documents for potential FDCA contractors: www.census.gov/procur/www/fdca.

The above article has a date of September 2004, so when I went to the FDCA website, the only links up were those to the final Requst-for-Proposal Solicitation No. YA1323-05-RP-0009, the various draft RFPs, and a history/library of documents related to the process that led to the vendor getting selected.

One of the documents is a P54-page DF titled Scope of FDCA Program. I don't have the time to read it all the way, but I did find this on page 6:

The Census Bureau also will enhance the existing geographic database—the Topologically Integrated Geographic Encoding and Referencing System (TIGER), which contains street and map features as well as political and statistical boundaries used for data collection and tabulation of census results. The Census Bureau will improve the accuracy of the street and map features by having them in Global Positioning System (GPS) alignment. [collect GPS coordinates structures containing living quarters]

Further down on pages 29-30:

Address Canvassing (AC) is a field operation for verifying and correcting addresses for all living quarters and street features shown on the listings and maps produced from the Decennial Census extract of the MAF/TIGER. It is a dependent field operation that requires the listers to compare what is on the ground to what is on the MAF/TIGER. The field listers will verify existing living quarters, identify duplicates on the address list, add new living quarters that are not on the address list, identify duplicates on the list, and delete from the address list living quarters that do not exist on the ground. They will also capture GPS coordinates for every structure containing living quarters. The goal of this operation is to ensure the accuracy and completeness of the Census Bureau address file and spatial database used to control and facilitate the delivery of census questionnaires.

Listers will knock on every door to attempt to contact respondents to verify address information as well as inquire about any additional living quarters. They will compare the information to what is on their lists and maps and make the required changes. They will add any addresses that are on the ground but missing from the address list. They will delete any addresses that are on the list but are not found on the ground. They will make changes to existing addresses, such as changing an apartment number, if necessary. The listers will collect a map coordinate for every structure that contains a living quarter. In addition, they will classify all living quarters as “housing units” or “other living quarters.” “Other living quarters” are living quarters that are not conventional housing units, but are such places as college dormitories, prisons, skilled nursing facilities, and the like. The listers will make the appropriate changes to the maps. This will include adding new street features that are not on the maps, deleting street features that are not on the ground, and correcting street features, such as correcting the street name. All map and address updates from Address Canvassing will be used to update the MAF/TIGER database for later Census Bureau operations.

This corresponds with the tiny bit of officalspeak Jan said to me that day. She asked if I was the owner of the house, if I lived there, if it was a multi-family dwelling or a single home, etc.

I remain suspicious. Even though it looks as if the Bureau has been collecting this info for years, I feel considerably wary of these kinds of government databases.

More later if something arises.

UPDATED 4:05pm
Before I forget, I ought to remind you that the Census Bureau is not above making their surveys mandatory. From the American Community Survey website:

The American Community Survey is conducted under the authority of Title 13, United States Code, Sections 141 and 193, and response is mandatory. According to Section 221, persons who do not respond shall be fined not more than $100. Title 18 U.S.C. Section 3571 and Section 3559, in effect amends Title 13 U.S.C. Section 221 by changing the fine for anyone over 18 years old who refuses or willfully neglects to complete the questionnaire or answer questions posed by census takers from a fine of not more than $100 to not more than $5,000.

UPDATED 8/16/2005 5:00pm
I'm still worried about this, even after more than two weeks of sitting on the idea and considering it; I haven't heard back from the organizations I e-mailed, either. I'll try again and include a few other politicos as well to see if I can stir something up.

UPDATED 3/29/2006 12:06am
Fuck the Census Bureau and Their 2006 Census Test

UPDATED 8/3/2006 1:07pm
Via Billy Beck, I learn that NPR is talking about this: Census Bureau Adopts GPS to Find American Homes:

Two-and-a-half years from now, in early 2009, the Census Bureau plans to send an army of 100,000 temporary workers down every street and dusty, dirt road in America. They will be armed with handheld GPS devices.

Robert LaMacchia, head of the Census Bureau's geography division, says they'll capture the latitude and longitude of the front door of every house, apartment and improvised shelter they find.

"We will actually knock on doors and look for hidden housing units," he says. "We will find converted garages; from the outside, it may not look like anybody lives there."

But census workers will add each dwelling, legal or not, to the Census Bureau's Master Address File.

Posted by drizzten at 05:18 PM | Permalink | Comments (2)

That dream consists of reading the "urban affairs" part of a local newspaper and seeing that it isn't entirely devoted to reports detailing the actions of government.

Observe the mission creep: (link will rot)

Austin's plan to sell $41.7 million in bonds this year includes money to design the Turner-Roberts Recreation Center and pay for the settlement of a 1996 class-action lawsuit brought by some police officers.

[...]

Nine businesses have won an annual city award for their strong commitment to the Americans with Disabilities Act.

[...]

The Housing Authority of the City of Austin received $3.1 million in federal money to improve 19 public housing properties throughout Austin.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

A drug possession charge against Jeremiah Green, the drummer for rock band Modest Mouse, has been dismissed, his lawyer said Wednesday.

[...]

Smith said the misdemeanor charge stemmed from Green's possession of one Valium pill. Green had a previous prescription for Valium, he said.

A felony charge of carrying a weapon in a prohibited place was dismissed May 31, Smith said. Airport authorities said they seized a ring from Green that resembled brass knuckles.

Police are urging owners of Acura Integras and Honda Accords to be aware that thieves are targeting those vehicles.

In 2004, 25 Integra owners and 105 Accord owners reported their vehicles stolen to Austin police. As of July 15, 30 Integras and 86 Accords have been reported stolen.

Officers suggest people lock their cars and take the keys when it is unattended.

Posted by drizzten at 09:12 AM | Permalink

Austin-American Statesman: Austin raids net 706 gambling machines, six arrests

Austin police seized 706 gaming machines known as eight-liners Wednesday in a series of 40 crackdowns, the largest in the city's history. Six people were arrested, and six vehicles were seized.

[...]

The legality of eight-liners, which resemble slot machines but have a tic-tac-toe-like grid that gives players eight ways to win, has been debated in recent years. In 2003, the Texas Supreme Court ruled that the devices are used legally only if they award noncash prizes worth no more than $5 or 10 times the amount of a single play, whichever is less. In the establishments where the machines were taken, police say gamers were promised cash payouts.

Lordy! Cash payouts! $$$! The horror! The immorality of people choosing to gamble their money on small-time bets! Where's Jesus when you need Him!?

Police Chief Stan Knee said that an investigation into the illegal use of eight-liners began 18 months ago, when the department began receiving complaints from relatives of gamblers and other residents about the machines.

Cmdr. Harold Piatt of the department's organized crime division said the relatives had complained of players sometimes losing a week's pay at the machines, claiming that they were rigged to take people's money.

But nowhere in that fact does it require an entire population to be taxed in order to prosecute, indict, convict, and enact a response.

"I can't talk per se about individual misery, but the number of calls we've received about these machines has gone up significantly," Piatt said.

Many of the game rooms seemed to attract new immigrants and also had been the cause of increased criminal activity like burglaries or robberies, he said.

"If I'm a day laborer making $100 and not spending it on a gambling machine, I don't have to break into a car to get the money I need," Piatt said.

All of the warrants were focused on one corporation, Piatt said, but he did not release the name or its role in the gaming business. "The people who run this organization are going to have a big headache in the morning," he said.

After earlier raids, [Travis County Attorney David Escamilla] said, county prosecutors decided to pursue cases against the corporations that owned the machines instead of managers of the stores where they were operating.

"How much we really could have gotten against the individual in a situation like this is speculative," Escamilla said. "One theory in how you stop them is that you make it not financially viable for them.

"When you take their equipment and hit them with fines, they say, 'We get it. It's not really worth it.' "

However, officials with the county attorney's office said they may now begin prosecuting managers. They said they think the message has been clear that eight-liners are illegal.

In previous cases, corporations paid fines from $5,000 to $8,000. The maximum fine is $10,000.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

News8Austin: Illegal gambling locations busted

"Families were seeing their husbands and wives spending their entire paychecks, savings account money, on these machines with hopes of winning huge jackpots," [Austin Police Chief Stan Knee] said.

Because it is the state's business what we do with our money.

Investigators believe one group is responsible for all the sites. But police say no one was winning except one group of scammers.

Investigators say they stole tens of thousands of dollars from people using rigged machines.

"The chances of winning any money are very slim and we feel an awful lot of paychecks that went into these with no return," police Cmdr. Harold Piatt said.

State law only allows machines that give out tickets. Those tickets redemption value can't be more than $5. Redeeming those tickets for cash, gas, food or lottery tickets is illegal.

Copyright �2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 08:48 AM | Permalink

[Updates below.]

The Austin Health and Human Services Department says:

The Austin/Travis County Health and Human Services Department has scheduled a series of community meetings for bar, restaurant and business owners and anyone interested in learning more about the new smoking ordinance that goes into effect on September 1.
The following is a list of scheduled meetings:

Tuesday, August 2nd,
6:30-8:00 PM
Waller Creek Building
625 East 10th Street, Room 104
Austin, Texas 78701

Tuesday, August 9th,
6:30-8:00 PM
St. John’s Community Center
7500 Blessing Avenue, Conference Room B
Austin, Texas 78752

Wednesday, August 17th,
6:30-8:00 PM
Rosewood-Zaragosa Neighborhood Center Gym
2800 Webberville Rd
Austin, Texas 78702

Tuesday, August 23rd,
6:30-8:00 PM
South Austin Neighborhood Center
2508 Durwood Avenue
Austin, Texas 78704

Please call Karina Moore at (512) 972-5653 or email karina.moore@ci.austin.tx.us for more information about meeting dates, times and locations.

Posted by drizzten at 09:41 PM | Permalink

This is silly.

Posted by drizzten at 09:34 PM | Permalink

Austin-American Statesman: Getting There: Ben Wear (link will rot)

First Madrid. Then London. And, sometime, Austin?

Well, that's highly unlikely. Islamic terrorists, aside from attacks in the Middle East, to date have tended to strike in larger cities.

But with Capital Metro ramping up bus operations and at work on its first passenger rail line, the deadly bombings July 7 of three London subway trains and a bus triggered some questions about the state of transit security here and elsewhere in the United States.

The American Public Transportation Association certainly wasted no time drawing a connection.

The association, the transit industry's primary advocacy group, issued a press release that day offering condolences. The release then quickly motored on to a plea to Congress to increase federal security funding for mass transit.

The group suggested that the Senate, at that point mulling the Department of Homeland Security's $32 billion fiscal 2006 budget, set aside $2 billion for security on buses, passenger trains and freight trains.

That would be a 13-fold increase from 2005's $150 million, the same figure approved by the House for 2006. The Senate last week settled on $100 million.

Transit advocates say that's way too low, given that Uncle Sam has put $18.1 billion into aviation security since the Sept. 11, 2001, terror attacks and that daily boardings on U.S. buses and trains are 16 times greater than domestic airline ridership.

So what do transit folks want all this money for?

Better radio communications, salaries for transit security officers (mostly off-duty police officers in Capital Metro's case), training for employees in spotting and dealing with threats, public information campaigns alerting the public to be alert, fencing for public transit facilities, camera systems for buses, trains and stations.

In other words, items -- many of them -- that transit agencies would have wanted absent the Sept. 11 catastrophe.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 11:06 AM | Permalink

Austin-American Statesman: Texas legislators: You can't expect them to tax the hand that feeds them, right?

First, our lawmakers have a special session so they can reform school financing and cut property taxes for Texas homeowners.

Then, they put both issues on the back burner and vote for raises for judges and increased retirement benefits for themselves.

Are these people just trying to get egged? Who's doing PR for these guys? Jack the Ripper?

Good hit.

The problem is that to pass a school finance package, legislators would have to put a tax whuppin' on business. And business money is what got some of them elected. So they're having a hard time billing their pimps.

Another good one.

So expect a Pay-as-You-Go school finance program where Texas children pay by the class. Under this proposal, parents would give their kids money in the morning to attend the classes they want them to take that day, just like they do with lunch money. Algebra? That's a $10 class today. American history? Special today is $7.99.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

I like that idea, especially if property taxes were cut accordingly. Education a la carte: the freedom to choose where to go to school, how to pay for it, and exactly what subjects to learn. The antithesis of public education.

Posted by drizzten at 09:09 AM | Permalink

[Updates below.]

Austin-American Statesman: Council member wants Austin to restrict eminent domain powers

As state lawmakers push to restrict municipalities' ability to seize residents' land, at least one Austin City Council member wants the city to crack down, too.

Council Member Brewster McCracken said he plans to introduce an ordinance in the next few weeks that would prohibit the city from using eminent domain for economic development or turning condemned land over to a private developer.

"When the government wants to get into economic development, it should have to play by the same rules that private companies play by, such as having a willing seller," McCracken said.

What about extending that notion to other areas? Taxes are coerced from generally unwilling people in order to fund your government, in essence creating unwilling buyers. If "willing" is the standard, then Mr. McCracken and I may have a lot in common. I'm not holding my breath, however.

Mayor Will Wynn said he disagreed with the Supreme Court's ruling and would support a city ordinance banning condemnation for private development.

"I don't, however, want to see the Legislature overreact because I haven't seen abuse anything like what has occurred in the Northeast here locally," he added.

Wynn, other council members, and Austin's chief litigator, Anne Morgan, couldn't think of a single case in which the city has tried to condemn land for economic development. More common is the city taking land for things such as water easements, Morgan said.

[...]

This week the state Senate passed restrictions against cities and the state seizing private land for commercial use. And a House plan would let voters decide whether to add a constitutional amendment prohibiting condemnations for that purpose. The legislation would make exceptions for projects such as highways, utility projects and sports arenas.

Under such laws, Morgan said, the city could probably still condemn land in blighted areas for redevelopment, a law that has been on the books since the 1960s.
Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

UPDATED 7/18/2005 11:13am
A perfect case in point, illustrating two different but related problems: UT has no problems with eminent domain:

Senators this morning questioned whether the proposed restrictions on the use of eminent domain for economic development would affect the University of Texas’ plans to acquire property at West Martin Luther King Jr. Boulevard and Guadalupe Street to build a university hotel, conference center and parking garage.

But school officials said this morning they do not believe the proposed restrictions would affect them.

“We don’t think it would impact this project because it is not an economic development project,” said Patti Ohlendorf, UT’s vice president for institutional relations and legal affairs.

Rather, its purpose will be educational, with a focus on post-graduate education, said Pat Clubb, UT’s vice president for employee and campus services.

The university will own the complex and will pay a management firm to run it, Ohlendorf said. The firm will not have an ownership position, she said. Public use is expected to be minimal, in large part because it is likely to be booked for UT-oriented educational programs.

Ohlendorf said the university hopes to work out a purchase agreement with Player’s restaurant, which occupies part of the tract in question, to avoid the use of eminent domain. Players has not responded to UT’s latest offer, she said. “We are anxious to sit down with them and see what can be worked out,” Ohlendorf said.

Posted by drizzten at 08:54 AM | Permalink

...the rest of us are usually called in to pick up the slack.

Governments should not run, operate, or fund parks. This is easily within the capability of individuals and private organizations.

Posted by drizzten at 10:16 AM | Permalink

News8Austin: Taylor FD charging for wrecks

Taylor is the latest city Williamson County to create a "user fee" for emergency services.

Your insurance company will get bill if you're in a car accident and the fire department is called to the scene.

"You could go your entire life in a community and never use the fire department or EMS. So basically you're paying for a service you never use," Taylor Fire Chief Haywood Stanford said.

The city hopes to reduce taxes by only charging those who use the service.

"The cost of the service, the equipment, the manpower, all of this is continually on the rise. And the things that we have to do our job are going up faster than the tax rate can keep up," Stanford said.

Taylor is only one of a number of cities implementing the user fee. In Williamson County alone, Georgetown, Leander, Cedar Park and Liberty Hill all charge for emergency calls.

People without insurance will not be billed.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

The article does not mention what the user fees amount to, but publishing them would be a good thing for it would be an additional incentive for people to keep in mind when driving. Along with pain, recovery time, medical bills, automobile repairs, legal tangles, and other costs associated with car wrecks, there would be one more to add to the heap: the cost of emergency services dashing to the scene to keep you alive and protect your property.

Posted by drizzten at 10:13 AM | Permalink

News8Austin: Private donations restore Newsline

The Newsline service offers 180 newspapers and magazines for the blind and visually impaired read to them over the phone.
Shaffer was on a trip to Ohio, visiting relatives, when he couldn't get his news of the day.

"We regret to announce that due to the lack of funding, the newspaper portion of this service will not be available in Texas," the message said.

Nope.

[Tommy Craig of the National Federation of the Blind-Texas] said it came down to funding. State lawmakers failed to pass a bill that would secure money from the Universal Service Fund, a fee already tacked on to your phone bill.

"That provides funding for, at this time, four different projects. And, all our bill did was add Newsline as the fifth one. So, it wouldn't have cost anyone any extra money. And, we don't need a lot of money to run Newsline," said Craig.

Some 200 other Central Texans and another 1,300 people across the Lone Star State faced the same issue.

[...]

They need $40,000 to help them start back up again.

Memo to the National Federation of the Blind: Stop relying on taxes to fund your service.

Posted by drizzten at 03:03 PM | Permalink | Comments (1)

The Austin-American Statesman: Perry signs life-without-parole bill into law

In a related development, Perry this morning also signed into law House Bill 93, which changes the wording on death certificates of executed inmates. Instead of "homicide,'' the cause of death will be listed as "judicially ordered execution."

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 01:25 PM | Permalink

On the evening of May 26, 2005, I drove the car my parents bought me to the streets behind the Wendy's sandwiched between Sixth and 7th Streets on the northbound side of IH-35. I was headed downtown for a live music show and, not wanting to pay $5 to park under the interstate, I turned left off 7th St. to look for an empty spot along the curb. There were openings on the right side, but I wanted to park and get moving, not spend a minute parallel parking into the available spaces. The left side faced into oncoming traffic on this two-way street and had more space to use. I took advantage of it. There were no "no parking" signs in the area I picked.

Without hitting, hurting, molesting, destroying, or in any way negatively impacting a single human or any individual's property, I drove straight over to the open space along the left hand curb and parked my car on the south-facing side of Brushy Street.

I came back later that night and found a Parking Violation Notice under a windshield wiper. My evening's happy momentum ended and I stared at the paper for a minute before touching it. Officer Watkins had issued me Notice #2355727 at 9:35pm. I was in violation of something: Left Wheel to Curb (00422). I was given until June 8th "to contest this citation before a Hearing Officer." Written elsewhere on the ticket:

To Vehicle Owner or Driver: Failure to pay fine or appear at the Municipal Court on or before the scheduled civil hearing date is an admission of liability of the parking violation charge and will result in fines and costs an [sic] may result n [sic] this vehicle being booted/towed.

By sitting on my ass these last two weeks, I am doing the same thing I would have done if I took the time out of my workday to drive downtown and tell some city agent I was "guilty," "liable," or whatever. Does that make sense? It's like some asshole bureaucrat, after gorging himself on social contract theory, thought up the perfect way to fine citizens for breaking those important for-the-orderly-operation-of-society laws that are broken hundreds of times a day, every day.

(BureauBot): "If the people just ignore us, we need some way to ensure compliance, short of sending a cop to every offender's house. Heh. Shit, well obviously, if they avoid showing up to face justice, they're freaking guilty. I'd show up in court if I was charged with something, because that's how these things ought to be decided."

(BureauBot 2): "If you think about it, the decision has already been made."

(BureauBot): "How's that?"

(BureauBot 2): Well, they've chosen to stay here within the jurisdiction of the law. That means they've accepted it's power, legitimacy, and employment. If they didn't, they'd leave. Therefore, they've long since decided to subject themselves to the laws of this government. If they refuse to show up, they're not only guilty of their crime, but they're also evading the law."

(BureauBot): "Quick! Let's set the fines!"

The City of Austin wants me to pay $20 for my transgression, the "Early Fine." If I wait past the Scheduled Civil Hearing Date, the "Standard Fine" of $40 applies. Also in this $20/$40 category are:

• Over 18" From Curb (00423)
  
• Loading Zone (00424)
  
• Within 20" of Crosswalk (00429)
  
• On Sidewalk Area (41233)
  
• No Parking Area (0433)
  
• Blocking Crosswalk (00435)
  
• Blocking Alley (00437)
  
• Blocking Driveway (00438)
  
• Extend Time Beyond Legal Limit (00436)
  
• Parking Within an Intersection (00415)
  
• Comm. Service Zone - No Markings (41240)
  
• Comm. Service Zone - Over 30 Minutes (41241)
  
• Parked Facing Traffic (41213)
  
• Over Stall Line or Yellow "x" (41212)
  
• Parking in a Front or Side Yard (41234)
  
• Other (00439)

Anyway, today is technically the deadline for my early fine payment. The citation does not mention what happens if you simply act like the notice never crossed your eyes. I assume that given their eagerness to jump to conclusions about people who don't do what they want, they'll probably multiply the fines over time. At some point, months later, I assume a warrant will be issued for my arrest for gross avoidance of parking fines. I doubt Austin police drive around and call in license plate numbers as they see them, hunting for "bad guys." I'm pretty certain plate checks happen mostly when the cop is pulling you over for some moving violation. I do know warrants get mailed to your last known address, and my driver's license points to my house. This is almost what happened to a good friend of mine. He was able to take care of the warrant (for expired registration/inspection) before getting arrested, but he got the warrant notice in the mail, castrating his automotive utility until he pacified the administrators.

Here is what I think is the relevant portion of the city's law:

§ 12-5-60 FAILURE TO ANSWER A PARKING CITATION OR APPEAR AT A HEARING.

1. (A) If a vehicle owner or operator answers a parking violation charge on or before the 20th calendar day after the date of issuance of the parking citation or appears at the scheduled hearing, a reduced fine shall be assessed in accordance with Section 12-5-89 (Civil Fines, Costs, and Fees).
   
2. (B) A person charged with a parking violation is liable for the parking violation and the civil fines, costs, and fees assessed by the hearing officer if the person:
   
   1. (1) fails to answer the charge on or before the 20th calendar day after the date the parking citation is issued; or
      
   2. (2) fails to attend a scheduled hearing, including a hearing on appeal, when the person is required to appear.

Source: 1992 Code Section 16-5-79; Ord. 031204-13; Ord. 031211-11.

§ 12-5-61 ENFORCEMENT OF ORDER.

1. If a person is liable for parking violations and has not paid when due the fines, costs, and fees assessed for the violations, the fines, costs, and fees assessed for the violations may be enforced by:
2. (1) impounding the vehicle that is the subject of the order if the person charged has accumulated three or more unpaid parking violations in a calendar year;
3. (2) placing a device that prohibits movement of a motor vehicle on the vehicle that is subject to the order filed if the person charged has accumulated three or more unpaid parking violations;
4. (3) imposing an additional fine to the civil fine not paid within the designated period; or
5. (4) refusing the registration of a vehicle that is the subject of the unpaid violations as provided by Section 502.185 (Refusal to Register Vehicle in Certain Counties) of the Texas Transportation Code.

Source: 1992 Code Section 16-5-80; Ord. 031204-13; Ord. 031211-11.

So, assuming I just ignored these people and went on with my life, I could expect my next encounter with the cops to be unpleasant. I could just write the check and hand it over. It would be a de facto ransoming of my future liberty for a portion of my current wealth, a payment made in order to keep them from immobilizing the Golf.

Of course, they see it much differently than I do. I've committed a crime against the city, not against anyone in particular. I owe the city compensation for my act and should accept it as a punishment for wrongdoing. Without this regulation, there would be idiots parking on the wrong side of roads all over the city. That simply cannot be allowed. People might get into accidents, get hurt.

Never mind that I, myself, personally, have inflicted harm on no one by parking with my left tire to the curb. I have done no actual, demonstrable harm. I might have temporarily confused a few drivers as they cruised by, wondering why the white VW Golf was pointed in a direction opposite of the other cars on that side of the road. One might have even crashed, he was so distracted with my abnormality. However, wouldn't that be his fault? Prosecuting those who talk on cell phones while driving is a political reality and it sends the opposite message to the public: individuals are directly responsible for their actions. Of course, this is true, but by punishing anyone talking on a phone, you impose costs both material and illiberal on those who have done nothing to deserve it.

It may seem contradictory or strange to some of you that I wouldn't be so unhappy about this state of things if a private individual owned that part of the road and made it known to people who park there that if they don't have permission, they should expect to get a bill in the mail. That, I could respect because there is a direct connection between me using another's property without the owner's permission. I don't think governments are legitimate property owners, so that removes any remaining justification along the lines of collective ownership and administration. But the $20/$40/+ for my situation? It goes into the revenue of the City. it doesn't compensate anyone for harm inflicted. It doesn't provide restitution for a rights violation. It doesn't serve as effective retribution for an immoral or intentionally harmful act. And beyond a person's ability to pay and present him- or herself, the kind of annoyance I feel right now, and the prospect of an extended run-in with the cops, any punishment I experience will be quite marginal and won't serve to "teach me a lesson."

This involves no justice, only revenue generation, a slap to the faces of people who have better things to worry about than the alignment of their cars when parked.

I already know what I'm going to do in response to this. I'm curious what you, reader, would do in this situation.

1. Pay the fine and continue on in life?
2. Contest the fine, paying it if you lose?
3. Ignore the fine and continue on in life?
4. Write a polite note explaining your refusal to comply and mail it back in the provided envelope?
5. The same as #4, but without the politeness?

Posted by drizzten at 02:49 AM | Permalink | Comments (10)

My girlfriend took me to the B.B. King show at The Backyard last Sunday as an early birthday present.

What an excellent show!

The venue is located at somewhat of a scenic hilltop. There is no roof - it's an amphitheater - and the backdrop is the surrounding countryside, giving the stage some serious depth. I've never been there before, so it was a pleasant change from the Sixth Street club scene to get out in the open like that. Even better was the weather...and it is because of the massive thunderstorm!

King got at least an hour into his set and the entire time he, his band, and the scaffolding were illuminated and framed by very busy thunderheads blasting out lightning 180º from the audience's perspective. The wind would pick up and ruffle hair while thunder would rumble beneath the blues. Throughout the opening act, it looked like the clouds would pass us by on the east, providing the crowd with a very pleasant solar display. However, the rain did eventually begin to patter down and King refused to stop playing. In fact, it had long been raining hard enough for the drummer's cymbals to energetically thrust accumulated rain outwards in a fine mist when struck, when roadies began packing things up and King's "handlers" approached him with the request to shut it down.

This was about ten minutes after he said, "I'll be here as long as you're here" and got a very enthusiastic response from the soaked crowd. I'd say about 50% of the audience stayed until the end, clapping and hooting all the way through. He remained buoyant and wry the entire time, joking about his age and weight and telling stories.

His band performed (to my ears) flawlessly and I had no idea he used so much brass accompaniment. He only got an hour and he didn't play his guitar as much I had hoped, but it was enough to convince me it's time to buy his recorded work.

Posted by drizzten at 02:57 PM | Permalink

Some friends and I made it to the show. DJ Rob Hall wasn't bad as an opener, though he sometimes fell into the pit of thumping quasi-house, quasi-breaks that so many live DJs mistake as entertaining. He did mix in a variety of electronica and kept things lively and active. Unfortunately, despite a few moments of potential, SND played a mostly monotonous set that seemed to consist of the same five or six sounds mixed up and highly chopped. After he was done, Rob Hall came back on.

By the time Autechre took the stage, it was 11:30 and we were dulled. Almost all the lights inside The Parish (formerly known as The Mercury) were off, so the dance floor and the stage were cloaked in darkness. To see what was going on, I had to walk to the bathrooms, which are located a few feet past the performing area. Two men were up there, twiddling knobs and staring at audio gear and this was somewhat of a surprise, for I always had in mind that Autechre was a one-dude act. Looking into this further, I now know their names are Sean Booth and Rob Brown.

As for their music, we were somewhat disappointed.

One of my friends is the principle reason I became interested in IDM in the first place and he has a larger music catalogue of the genre than I. He thought he had "five or six" of Autechre's albums, but nothing produced recently. I, on the other hand, may have that number, but half of them are EPs. Neither of us were really prepared for what they and in store.

Thankfully, what we heard wasn't the vicious digital barrage that you find on Confield and particularly Gantz Graf. It lacked the tonal and melodic elements that I liked so much on Chiastic Slide, but retained the eerie atmosphere, set to a faster pace. My friends and I liked what we heard, but only half an hour later, we were ready to go. Unlike Squarepusher, I think this sub-genre of electronica really isn't suited to live performance.

John Bush, in his AllMusic.com review of Confield, had this to say and I think it applies to Autechre's later work in general: ...this experimental, rigidly academic work is a record to respect, not enjoy. The changes in beat structure Autechre put on display were interesting and did give me pause on occasion, as well as my beloved "what the hell was that sound" curiosity that got me into IDM in the first place. But this doesn't necessarily translate into a live performance that you'll think is worth standing for a few hours, drinking overpriced beer, and staying up past your typical bedtime.

I did buy their latest release, Untilted, at the show for $15. I've just gotten into track 3, "Pro Radii," and I can now understand the direction they took for their show last night. What I've heard so far is very close to what they played and it's growing on me. It works better in a more quiet environment where you aren't pummeled with bass notes that conceal the complexities of the song structure.

Anyway, I'm glad I went. I've seen Plaid, Squarepusher, and now Autechre. Next up: Aphex Twin and Boards of Canada. My fingers are crossed...

Posted by drizzten at 08:51 AM | Permalink | Comments (7)

[Updates below.]

Got the news via Warpmart's e-mail newsletter.

Venue: The Parish
Location: 214 E. Sixth
Playing with: SND and DJ Rob Hall
Phone: 478-6372
Date: May 25, 2005
Time: Doors open at 9pm, show starts at 10pm
Cost: $18.00 in advance, $20.00 at the door

Should be lots of music nuts out in Austin that night. It's when Nine Inch Nails plays Stubb's. As much as I'd like to see Trent stomp around and scream, I cannot miss Autechre. Chiastic Slide remains one of my favorite IDM albums and it is damn rare to have an experienced master of the electronic glitch genre in town.

The rest of their tour dates:

May
Fri 06 Washington DC. Black Cat
Sat 07 Philadelphia PA. Trocadero
Sun 08 NYC. Webster Hall
Mon 09 Boston. Paradise
Tue 10 Montreal. Usine C
Wed 11 Toronto. Opera House
Thu 12 Detroit. Masonic Temple Theatre
Fri 13 Chicago. Metro
Sat 14 Minneapolis. Ascot Room
Tue 17 Vancouver. Richards on Richards(1036 richards st)
Wed 18 Seattle. Neumos
Thu 19 Portland. Berbatis Pan
Fri 20 San Francisco. Mezzanine
Sat 21 Los Angeles. El Rey
Sun 22 Pheonix AZ. The Old Brick House
Tue 24 Dallas TX. Trees
Wed 25 Austin TX. The Parish
Thu 26 New Orleans. Twiropa
Fri 27 Atlanta. Variety Playhouse
Sat 28 Asheville NC. Orange Peel
Sun 29 Baltimore. Sonar
(all dates with DJ Rob Hall + SND Live)

June
Fri 10 Club Citta' Kawasaki
Sat 11 Bayside Jenny Osaka

July
01 Roskilde Festival. Denmark
08 MS Stubnitz Festival. Newcastle
14 5 Days Off Festival. Amsterdam

UPDATED 5/26/2005 8:25am
My thoughts on the show are here.

Posted by drizzten at 04:37 PM | Permalink

[Updates below.]

News8Austin: Smoking ordinance passes

The results are in, and Austin smokers will soon have to butt out in restaurants and bars.

A smoking ordinance passed with 52 percent of the vote.

The referendum bans smoking in all bars, restaurants, bowling alleys and billiard halls on Sept. 1.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

• For: 34,197 (51.83 percent)
  
• Against: 31,777 (48.17 percent)

Fuck you.

You may scoff and claim justification on the democratic nature of this process, but it doesn't even meet the basic dimensions of that standard. Austin's population as of 2000 was more than 650,000 people. It has certainly grown to more than 675,000 since then.

5% of the humans in Austin voted for this law.

That 5% imposed it's will on the entire Austin population.

But ignore the bankrupt democratic justification. What arrogance you have. Every one of you have demonstrated to yourselves and to the citizens affected by this (hint: it is not just limited to the bar scene) that you are willing to say yes to the coercion of peaceful individuals; that you support the application of violence against them for exercising their rightful choice to allow smoking on their "public" property.

What you have done is act as though you are the owners of every piece of residential and commercial property in the city limits. You have acted as if you were the legitimate owners of these places, because that is who makes decisions regarding what happens to that property. And you have done so on the same basis that fueled the astronomical mass murder and even greater theft that was brought upon the millions of victims of socialism over the years.

Don't get pissed at me for saying this, because this truth hurts more than most. Voting for this tells me all I need to know about you. The political philosophies you hold are no fundamentally different from your typical third world dictator.

I did not vote against the ordinance because I didn't want to lend my open support to a social system that regularly, repeatedly, and commonly fights against individual freedom. [yes, I changed my mind since writing this] It is for the fact of these kinds of outcomes that I do not wish to sanction the vile process that is used to impose force on the peaceful.

To those who voted against the ban, I'm sure most of you had good intentions. However, I hope you come away from this experience with one concept: it is wrong and counterproductive to subject your rights and liberty to a motherfucking vote. Billy Beck asked this question a while back and it applies 100% today:

An Experiment In Ethics

Let's say that you woke up one morning and, looking out your front window, you observed a crowd of people at the end of your driveway. Let's say that you went out there to say "hi" and find out what's going on. On your arrival, you discover that this crowd of individuals was getting ready to hold a referendum on whether they should enter your house and take your things, to be put to their use.

Would you cast a vote?

I also want those of you who argued against the ban on the grounds of freedom of choice to understand something very simple: your argument logically calls for the end to government. It, if consistently applied, invalidates the thousands of laws that force people to follow rules that dictate if, how, when, and where they

• employ;
  
• work;
  
• construct buildings;
  
• adopt children;
  
• have sex;
  
• buy alcohol;
  
• marry;
  
• sell insurance;
  
• drive a car;
  
• start a business;
  
• lend money;
  
• possess firearms;
  
• go to school;
  
• learn in school;
  
• say and print;
  
• produce and consume drugs;
  
• worship;
  
• and only a few million other activities.

I suggest you either re-evaluate your priorities or acknowledge that you aren't really for freedom of choice, but for a small sliver of it in certain areas, to be determined by people who were picked for the job on the sole basis that they had more people vote for them than the next guy. It's a slow moving and open charade, a stained and immoral system of crime. Stop supporting it.

I'm both fucking pissed and unsurprised. In the overall scheme of things, this is peanuts. It is the steady logical progression of the concept that individuals are means to be used as ends up to and occasionally far exceeding the point where significant harm is inflicted upon some chunk of the population. Think I sound alarmist? You aren't looking at the larger picture that the political class in America has bloodily painted over the last few generations.

I may have more to say tomorrow. Until then, Austin can enjoy the increase in marginal authoritarianism because the slow constricting death of individual liberty seems to be the fad these days.

The text of the ordinance:

Continue reading "The Additional Tyranny - The New Austin Smoking Ban Passes" »

Posted by drizzten at 11:34 PM | Permalink | Comments (11)

[Updates below.]

I've long since laid out my opposition to Austin smoking bans, so I'll just note what the Health Fascists are saying and the necessary consequences of imposing their ideology.

An AP report via Yahoo!'s front page: Voters in Austin Asked to Ban Smoking (backup link from the Washington Post here)

But the smoking ban has some heavyweight support, including the American Lung Association, the American Cancer Society and the Lance Armstrong Foundation. Supporters say the ban would protect the public - including musicians and bar workers - from second-hand smoke.

"Everybody deserves the right to breathe clean air," said Rodney Ahart of the American Cancer Society. "This is about protecting public health."

As I described in previous posts regarding a so-called right to food and an alleged right to life, respectively:

There is no "right to food." By asserting there is, you imply that it is permissible for anyone who owns no food to use force in order to possess food. That is what the concept of a "right" demands: universality and enforceability. Without either, the purpose of rights - the nature that makes it different from other concepts - falls apart. But this means that every human's wealth that crests over the level of bare subsistence would be at the mercy of anyone who is starving and does not own the means to procure nutrition for him- or herself.

It would be a permanent global hall pass for larceny...

[...]

By asserting Terri Schiavo has a right to live - that she cannot justly be denied access to this right - they then move on to find ways of restoring or securing her access to that right. Which, of course, is the forced provision of her means to life: food, water, and shelter.

According to the cancer society, second-hand smoke causes 35,000 to 40,000 deaths per year from heart disease in adults who are not current smokers and about 3,000 lung cancer deaths in nonsmoking adults. It also leads to other respiratory and health problems.

This cannot be repeated enough. I say ignore all the bullshit sideshow debate over statistics and "harm" and other nonsense that distracts from the central issue: Do you own yourself and your possessions? If "yes," then the entire case presented by the pro-ban people immediately falls apart on moral grounds. If I do own myself, no one has the right to tell me how to live as long as I don't violate the self-ownership of others.

If "no," then we've entered the realm of slavery and of collective "ownership" over the individual. There are enough historical examples just in the last 100 years to dissuade anyone rational from taking that route.

Singer-songwriter Sara Hickman is one of a handful of musicians taking a stand on the issue. She supports the ban after spending 28 years playing music under a cloud of smoke.

"There are some musicians who smoke, and I can see how it would be awkward for them," said Hickman, 42. "I would guess most musicians would agree with me that going home after a gig and smelling like smoke is disgusting. You might as well spray me with asbestos."

Copyright © 2005 The Associated Press. All rights reserved.

UPDATED 5/9/2005 9:02am
The Additional Tyranny - The New Austin Smoking Ban Passes

UPDATED 8/30/2005 1:46pm
Deadline for the Austin Smoking Ordinance

Posted by drizzten at 01:18 PM | Permalink | Comments (3)

The AP via News8Austin: Senate rolls out its education tax plan

A state Senate committee has unveiled a proposed school finance plan that would mean higher sales, cigarette and alcohol taxes.

The plan, put forth Monday by the Senate Finance Committee, also would mean more businesses would have to pay a state tax.

[...]

The Senate plan would raise alcohol excise taxes would go up by 25 percent from existing rates. There's no such provision in the plan approved by the House.

The Senate plan would tax businesses 2.5 percent on earned surpluses. That's lower than the existing franchise tax, but more businesses would have to pay.

The Senate proposal would cover all businesses except sole proprietorships.

The state sales tax would increase to $.0675 per dollar from the current $.0625 cents. That would include taxes paid on motor vehicles and boats.

The Senate plan would increase the cigarette tax by $.60 per pack to $1.01 per pack. The current rate is 41 cents a pack.

Copyright 2005 Associated Press, All rights reserved.

Fucking parasites.

Posted by drizzten at 01:48 PM | Permalink

The Austin-American Statesman: Taking on the alcohol industry

Supermarket chains and big-box retailers are using a House bill that would modernize the Texas Alcoholic Beverage Commission to challenge the alcohol industry powers that have, for so long, helped shape the state's liquor laws.

[...]

Chuck Courtney of the Texas Retailers Association thinks Hamric's bill does not go far enough. Among the changes retailers want is that distributors be allowed to deliver beer and wine between midnight and 5 a.m., a common delivery time for other products that avoids road traffic and store congestion, Courtney said.

Retailers would also like to see the Legislature strike down a rule that requires their businesses to pay for beer immediately upon delivery. The Texas Alcoholic Beverage Code allows credit to be extended to retailers who buy wine or liquor but not beer. The law is a cash flow boon to beer distributors and unfair to package stores, Courtney said.

Representatives of Kroger, Wal-Mart, H-E-B and retailers groups unsuccessfully pitched these concerns to the House Licensing and Administrative Procedures Committee. When asked about extending credit to beer buyers, Rep. Charlie Geren, the committee's vice chairman, said, "That ain't gonna happen."

"Our goal was to keep this bill about how the agency is run," said Geren, R-Fort Worth. "We're not looking to tear up the three-tiered system."

That system, established 70 years ago, draws clear lines of authority among manufacturers, wholesalers and retailers. Critics say it tilts the balance of power in the $15 billion-a-year industry toward the wholesalers, who control the flow of alcohol through exclusive territories.

[...]

HB 2544 also calls for a long-term study of the Texas Alcoholic Beverage Commission, an agency that in 2004 issued nearly 100,000 licenses to companies that make, distribute or sell alcohol; addressed more than 30,000 criminal and administrative violations within the industry; and collected nearly $170 million in excise and other taxes and fees related to alcohol.

Though the bill does not say it specifically, such a study could open the door to a review or even a rewriting of the Alcoholic Beverage Code, something that hasn't been done since 1977.

The 244-page code has an almost mystically detailed quality to those who are not intimately familiar with it. The code outlines the commission's primary tasks of enforcing liquor laws, issuing licenses and collecting taxes and fees.

The code provides explicit definitions of more than 60 permits and licenses, lays out rules for dry and wet counties and outlines precisely the areas of authority for manufacturers, wholesalers and retailers.

This delineation of these three tiers of the alcohol business was inspired by nationwide fears after the repeal of Prohibition in 1933. Not only did legislatures want to prevent gangsters from consolidating control of legal alcohol; they wanted to keep the major breweries that had waited out 14 years of temperance from returning to a time when they made beer, distributed it and sold it through taverns or "tied houses" they owned.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

I always have a very rough idea how far American civilization has regressed. Without ever looking into it, I assume that, for example, there are a number of annoying, cumberson, and business-destroying rules that the companies in the alcohol marketplace have to twist through in order to sell their products. The micromanagement of this industry is just absurd.

Actually getting a glimpse at the actual beast itself after being inspired by this news story just depresses me. Chapters 11 through 75 deal with permits and licenses. Chapters 201 through 206 are on taxes. And of course:

This code is an exercise of the police power of the state for the protection of the welfare, health, peace, temperance, and safety of the people of the state. It shall be liberally construed to accomplish this purpose.

Posted by drizzten at 01:43 PM | Permalink

News8Austin: Schoenstatt school mixes faith- and home-based learning

The administrators of one local private school say a growing number of parents want a faith-based education for their kids.

Schoenstatt Collegium is a Catholic school that mixes classroom learning with home schooling. Administrators say the school's structure allows students to discover their own truths.

Schoenstaat Collegium mixes traditional classroom work along with home schooling. It's a school where the family serves as the classroom.

"The family shapes and molds the child, but the family is also being shaped and molded by other forces. So, we want to create another culture where the parents are learning, and the child is free," Sister Christa Marie Hamilton said.

Now in its second year, and with an enrollment of 18 students, Schoenstatt Collegium is not an easy school. It integrates some of the most challenging and thought-provoking genres of math, art, literature and science into its curriculum.

Parents also learn. They teach, too, one day a week, in any subject.

Schoenstatt Collegium holds classes two or three days a week at St. John Neumann Catholic Church in Westlake. The rest takes place at home.

Founders would like to find a more permanent school or possibly build one on their 28-acre parcel of land overlooking the Hill Country.

"We're witnessing the birth of a school. The efforts involved with everyone of getting everything from the ground level to grow up, it's exciting," parent Alan Hultgren said.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

I am for private education and I hope the United States Government, the State of Texas, Travis County, and the City of Austin leave the administration and students of Schoenstaat alone.

Posted by drizzten at 09:46 AM | Permalink | Comments (8)

The AP via News8Austin: Property tax relief bills run the gamut

House Joint Resolution 35 by Rep. Dwayne Bohac, R-Houston: Amends the Texas Constitution to decrease the amount property tax appraisals can increase annually from 10 percent to five percent and extends the cap to all property. Changes to the bill were expected to exempt city and county tax appraisals and commercial property from the lower cap.

[...]

House Bill 1006 by Rep. Carl Isett, R-Lubbock: Limits the amount of increase in property tax revenue a city or county can take in each year. Allows no more than 3 percent growth in revenue annually. Higher growth would trigger an automatic local election, allowing voters to reverse tax increases.

[...]

Senate Joint Resolution Four by Sen. Kyle Janek, R-Houston: Amends the Texas Constitution to decrease the amount property taxes can increase annually from ten percent to five percent, allowing local governments to opt out of the lower cap.

[...]

Institutes a five percent cap on property tax appraisal growth annually but allows local governing bodies to opt out of the cap. Cities and counties that opt out would be required to appraise property at market value.

[...]

Limits the amount of increase in property tax revenue a city or county can take in each year. Allows no more than five percent growth in revenue annually. Higher growth would trigger an automatic local election, allowing voters to reverse tax increases.

Copyright 2005 Associated Press, All rights reserved.

Posted by drizzten at 04:50 PM | Permalink

Austin-American Statesman: Developers tire of running city's gantlet

Codes, limits, neighbors, officials are stuff of builder legend.

The Austin City Council reframed the historic Rainey Street neighborhood — long a quiet spit of residential land hidden between a mass of commercial property and Interstate 35 — as an extension of downtown with a zoning change Thursday. In doing so, it ended years of struggle and signaled the advent of dense, comparatively unfettered development in that area — or so it seemed.

At the same meeting, the council considered a raft of restrictions, requirements and incentives about minimum heights, maximum heights, sidewalk widths, the banning of drive-in service and efforts to "avoid creating a canyon effect."

The long lists of similar restrictions on other parts of downtown being redeveloped with the city's help have reignited a long-standing debate about whether the city's play-by-play management style helps keep Austin handsome or simply stifles development and competition.

Several developers have grumbled that Austin's reputation for lengthy procedure — built on its occasionally contradicting regulations and its meddlesome community — has driven away some builders altogether. Slow growth, they say, has meant long headaches.

My philosophy may have changed over the years since I've written the older of these posts, but my opposition to the regulation imposed by city, county, and other local governments on property owners remains the same. Some of the very worst examples of state intrusion into our lives come from the locals living down the street who presume to have the right to run things for city dwellers.

"There are several cities in the country where people will not go because of the perceived difficulty with dealing with bureaucracy," developer Perry Lorenz said. He named Aspen and Boulder in Colorado and San Francisco as other sites. "Austin is one of those cities. We suffer a little bit for that."

[...]

"For all the angst you hear about development in Austin, it sure doesn't slow down supply," said John McKinnerney, a vice chairman of the Urban Land Institute's Austin district council and a principal at Simmons Vedder, an Austin-based developer. "There's nothing that impedes the square footage that gets built."

Still, McKinnerney said, Austin is the most difficult place in Texas, and among the trickiest in the Southwest or Southeast, to develop. Navigating the process here requires patience and money.

"Mention regulation to many City of Austin businesspeople (at least the ones interviewed and surveyed for this report) and eyes will usually roll, tempers will flare and frustrated stories of drawn-out marathons to receive city permits ensue," noted a 2003 report commissioned by the Greater Austin Chamber of Commerce.

"Certain segments of the business community in Austin are at a boiling point over the pace, scale and supposedly capricious nature of the city's permitting process. . . . One respondent likened the City of Austin's permitting officials to the Roman army - if the first wave doesn't get you, the second, third or fourth will."

The land development code conflicts with fire protection regulation, or the environmental code clashes with landscaping regulations, real estate consultants say. But even trickier is divining how codes will be interpreted by different city agencies, they said.

"I appreciate the city's trying to protect quality of life," said Paul Bury, an Austin real estate consultant, "but tell us the rules before we play."

"It's very difficult to get projects approved, and it's very expensive to get through the process in Austin," said Charles Heimsath, an Austin real estate consultant. "The regulations are extensive and sometimes conflicting."

Some developers and architects who have worked with the city or currently have proposals before it said they did not want to publicly criticize the development review process for fear of jeopardizing their ability to work in Austin.

City officials say they have implemented a "one-stop shop" to make development review more efficient. Up to 13 departments with different missions were involved before; now there will be just one, "with a single goal of fast, efficient process to review development and maintain compliance with our code," said Joe Pantalion, director of the development review office.

Since October, the start of the fiscal year, the cycle time for the reviews has dwindled to 140 days from 165 the previous year.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 05:09 PM | Permalink

[Updates below.]

Austin-American Statesman: Austinites will get to vote on smoking ban (link will rot)

After several rounds of political haggling, Austin voters will finally get a chance to decide whether the city should enact a nearly complete ban on smoking in bars and restaurants.

UPDATED 5/9/2005 9:29am
The Additional Tyranny - The New Austin Smoking Ban Passes

UPDATED 8/30/2005 1:46pm
Deadline for the Austin Smoking Ordinance

Posted by drizzten at 02:04 PM | Permalink

[Updates below.]

A new website to keep an eye out for: Keep Austin Free

Does Austin Need A New Smoking Ban?

OUR CURRENT SMOKING ORDINANCE MANDATES:

• Of 46,000 businesses in Austin, over 99% are smoke free.
  
• No smoking is allowed anywhere children under 18 are present.
  
• Over 2000 restaurants are smoke free. Only 6 allow smoking.
  
• Over 400 bars are smoke free. Only 200 allow smoking.
  
• Only 211 businesses and their employees have chosen to allow smoking in Austin.

Shouldn’t people be allowed to choose?

Some people don’t trust your freedom to choose.

[...]

If you feel that Austin's current ordinance is adequate and are against this sort of encroachment on your rights and values, please opt in and join our resistance.

Still, the website does represent opposition to something that should be opposed. News8Austin has a piece on the health Nazis: Anti-smoking group submits petition to strengthen ordinance

A group called Onward Austin is asking the city to tighten its anti-smoking ordinance.

They submitted a petition Tuesday with 4,000 signatures, in addition to 36,000 they turned in earlier.

[...]

Onward Austin needs support from 10 percent - or about 37,000 - of the city's registered voters to get the issue on the ballot for May.

The American Cancer Society backs the petition effort.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

This is a clear-cut example of the danger democracies pose. You do not own other people!

UPDATED 4/6/2005 11:45pm
Got this from a message board post on MySpace:

Why Beerland is not smoke free.

Repost from Beerland (hence the first person wording).

Last time this issue came up, we took a poll and found that, whoa, 87% of our clientele smokes at least occasionally. Over 90% of our bands include smokers. That's why we allow smoking now, because obviously that's what the bulk of our customers want. The other customers don't mind apparently. And the people that do mind have over 400 other fully stocked nonsmoking bars in town to go to . Or if you hate smoke but want to go see bands, why not open a smokefree club of your very own where you get to make the decisions? No one is stopping you.

Additionally, folks tell us of this huge group of nonsmokers that are waiting anxiously for us to go smokefree so they can enjoy the rock and roll lifestyle (really?). Well, where were you when we held all these smokefree shows required of us by law? We held smokefree shows when we opened and no one came. We held more when the current smoking ordinance required us to and we try to hold weekly ones as required by the current ordinance (they're a pain to book, btw.) If ever these nonsmoking shows had been successful, we would be doing more. And more. And eventually, Beerland would have already gone completely smokefree. So, then the reason Beerland is not currently smokefree is the nonsmokers' fault.

Message to nonsmokers who wish we would stop allowing smoking: It's your fault we're not smokefree already. You sit on your ass and don't go to shows that are designed for you. Wake up! You failed to prove that you could support a punk rock club that gave you a chance first by choice and then as required by law. You failed to approach us with events full of popular bands that tons of nonsmokers would come see. It's your fault if we close after a smoking ban passes. Don't like smoke with your live music--how about no live music at all? It's your fault things aren't currently your way. It's your fault you haven't opened your own club to cater to the 75% of Americans who don't smoke and apparently don't support live music en masse either.

Donya and Randall do not smoke. They are not attached to smoking. They are attached to their customers, musicians, and friends. And when the core customers, musicians, and friends of Beerland want us to have more nonsmoking shows or even go completely nonsmoking, we will.

Until then, please remember to vote against the smoking ban in Austin bars and live music venues. It would make it impossible for businesses to cater to the desires of their actual customers, musicians, and friends.

In Tempe, AZ after a similar smoking ban was passed, 40 out of 200+ bars closed within the first year. You don't get to pick who closes, it's usually simply the smaller places, locally owned places, and places with little or no fund reserves: that's Beerland. Please stand up and be counted. The other side is banking on the fact that our "demographic" doesn't vote.

Early voting runs April 20-May 3. You just go to the grocery store with your drivers license or i.d. Election day is May 7.

UPDATED 5/4/2005 1:22pm
Austin Smoking Ban Hits the News

UPDATED 5/9/2005 9:03am
The Additional Tyranny - The New Austin Smoking Ban Passes

UPDATED 8/30/2005 1:47pm
Deadline for the Austin Smoking Ordinance

Posted by drizzten at 04:29 PM | Permalink | Comments (15)

Here's what last weekend's Travis County Libertarian Party newsletter had to say:

From a taxpayer's point of view, Capital Metro runs the worst large bus system in the United States.

Since its creation in 1985, Capital Metro has levied a sales tax in Austin and parts of the surrounding area, and used the money to pay for various transit services, mostly fixed-route bus service. Taxpayers have often worried that Capital Metro wastes a lot of the money on little-used bus routes. Recent data show that their worries are still well-founded.

In Transitese, every bus route has a "fare recovery ratio" (FRR). The FRR measures how much of the bus route's cost is paid by riders rather than taxpayers. If the FRR is 25%, it means that rider fares pay 25% of the cost, and taxpayers pay the other 75%. The national average FRR for fixed bus routes is 28%. Capital Metro's is less than 5%.

The 2003 National Transit Database lists 459 transit agencies with bus operations. Capital Metro ranks 436th with respect to FRR. Of the 87 agencies whose annual operating expenses are over $25 million, Capital Metro ranks dead last.

According to 2003 data from Capital Metro and the National Transit Database:

• Capital Metro's best-performing route has an FRR of only 13.7% . One of its worst, the Saturday Airport Limited, has an FRR of 0.87% and an astonishing subsidy of $32.70 per passenger.
  
• Capital Metro runs 50 bus routes on weekdays. Of those, 31 have FRRs less than 5%, and 15 require subsidies of more than $5.00 per passenger.
  
• On Saturdays, Capital Metro runs 31 routes. 19 have FRRs less than 5%, and 8 require subsidies of more than $5.00 per passenger.
  
• On Sundays, Capital Metro runs 28 routes. 22 have FRRs less than 5%, and 10 require subsidies of more than $5.00 per passenger.

In this fiscal year, Capital Metro expects sales tax revenue of $120,643,672 in a service area of 737,000 residents. That is $164 per capita. The taxpayers have every right to demand efficient performance. Through fare increases and service reductions, Capital Metro should reconfigure all its bus routes to achieve the national average FRR of 28%. There is no reason for taxpayers to subsidize bus riders to the tune of $32.70 each.

[Arthur] DiBianca is a member of the Travis County Libertarian Party. The local political party has created its own transportation committee. As a member of the committee, diBianca did some number crunching to calculate Capital Metro's "fare recovery ratio," the cost of a bus route as its covered by taxpayers versus rider's fare.

DiBianca found Capital Metro's fare recovery ratio at 95 percent for taxpayers, 5 percent for rider's fare.

"Unacceptable. This is unacceptable. The national average is 28 percent. We don't understand why Capital Metro can't reach the national average," diBianca said.

Obviously, CapMetro disagrees with all this. From the news article:

Cap Metro's math rolls a different direction. It figures riders cover 9.5 percent of the fare recovery ratio. The mass transit agency claims the number is so low because it reflects affordable bus fares.

"Rest assured that we review this on an ongoing basis, and we're aware of it. Our goal is to provide affordable fares to the community," Capital Metro Chief Financial Officer Cindie Hernandez said.

Here, reproduced from the same budget document, is the primary problem...and Mr. diBianca knows it:

Now, after absorbing this cheap schedule of fares, have a good hard look at this. The document explains the service area of CapMetro is "500 square miles including 773,000 residents." It describes the 216,609 square feet of building facility space it operates. It also lists the 13 "Transportation and Transfer Centers," 14 "Park and Ride Facilities," 134 bus routes running 55,000 miles a day carrying more than 82,000 passengers on average, and a fleet of over 500 transportation buses, trolleys, and paratransit sedans (I believe these are the white and blue Ford Crown Victorias I see all over town) and vans. They expect total ridership in FY2005 to exceed 34 million, up from FY 2004 ridership of 25 million.

How possible do you think it would be to support this - total operating budget of $124 million - with a fare structure like that? Obviously, that would be impossible and it is only possible now because the "authority" imposes a sales tax of 1% (helping to max the local sales tax out at 8.25%) that'll generate that $120 million in 2005. Passenger fares are estimated to bring in over $4 million. Operating expenses for the 2005 fiscal year are estimated to be over $124 million.

The vast, vast bulk of the revenue this entity uses is from sales taxes.

Makes me want to buy more things online and out of state.

Continuing from the News8Austin article:

Bus fares for Capital Metro are 50 cents. That's the lowest in the country, tied with Corpus Christi. A luxury for passengers, diBianca admits, but not one for taxpayers.

"Fare needs to be increased for passengers," diBianca said.

He'd also like to see Capital Metro completely done away with and replaced by a private bus company. But, his No. 1 priority is to get Cap Metro to take his math seriously.

CapMetro shouldn't raise rates because CapMetro should be shut down post haste and that sales tax should be abolished even sooner.

Cap Metro says they want to keep its fares cheap and make it services more accessible to the elderly and the mobility impaired. They'd rather be seen as a community service than a tax burden.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Guess what? YOU ARE A FUCKING TAX BURDEN and you will continue to be a tax burden until the moment that tax is repealed. I don't use public transportation and if given a choice I never will. I used the UT shuttles once or twice back in '98-'99 and that's it. I challenge anyone to prove why businesses in Austin ought to be forced to collect a sales tax on behalf of someone (in actuality, thousands) who won't use the system the taxes will finance. This is a forced transfer of wealth from the entire community to benefit a subset.

This used to be called tyranny. Now it's called compassion.

Posted by drizzten at 03:03 PM | Permalink | Comments (2)

Austin-American Statesman: Kid candy sellers have the right idea

I'd like to applaud the young marketing geniuses at Austin High School who students claim sold candy bars in the halls to their sugar-deprived fellow students for $1.50 apiece.

A Democrat looks at this sort of activity and thinks, "That's deplorable. Don't these youngsters realize Snickers are bad for your teeth?" A Republican looks at a kid selling banned candy to fellow students and thinks, "Way to go. Now that's the corporate spirit that made this country great."

I look at it as a case of supply and demand. The kids saw a demand, and they went out and bought the supplies.

The marketing opportunity for some enterprising young business types at Austin High presented itself after school administrators removed candy from vending machines. The purpose was to cut down on fat kids.

Next thing you knew, some smart kids were roaming the halls selling candy out of their gym bags at a healthy profit. I can buy a candy bar out of a machine at work for 70 cents. At $1.50 a shot in the hall at Austin High, that's a pretty hefty markup.

But why shouldn't it be? Somebody's got to pay for the risk these kids are taking. If they get caught, they've got to go talk to the principal.

"I've got to salute the undaunted entrepreneurship of Austin High students," said Texas Comptroller Carole Keeton Strayhorn, who graduated from Austin High in 1957. "My blood runs maroon and white."

Strayhorn said the youngsters selling candy wouldn't have to pay sales tax on the candy if they already paid the tax by buying the candy from another vendor, such as a convenience store. She added that the sales tax on the price markup would be "negligible."

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Alex Tabarrok also got ahold of the story last week in its original form.

Posted by drizzten at 01:19 PM | Permalink

News8Austin: APD distributes child ID kits

Austin Police Department officers are going all out this weekend to help keep children safe.

Officers from the Southwest Area Command will provide parents with fingerprinting kits and documents for recording their child’s vital information.

[...]

Police say the information will be invaluable to parents if the worst happens and their child is kidnapped.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

It is not as if had my parents skipped out on the child fingerprinting I would have no inked digits on file somewhere. I've never been arrested so I haven't been fingerprinted for that...but Texas does require it for concealed handgun licenses, one of which I have, as well as a thumbprint for a driver's license, one of which I also have. My arches, loops and whorls are tucked away in at least one government database, somewhere.

Had someone pulled me aside and explained from an anti-state, individualist point of view what I was doing, would I have cared or objected? Probably not. At that age I had the barest grasp of concepts like privacy and freedom. I might have known some practical applications ("Stay out of my room when I'm dressing!" and "But I want to stay up to play Nintendo!"), I think attempting to drill the subject down to the essentials would have been a waste of time. If my parents had tried it and intentionally made them a part of my values when growing up (or if school taught it...), then maybe I would have objected. But I didn't and the MPs cheerfully stamped me into the filing cabinet.

I wonder if these parents will think that far ahead or even care about these issues. Their concern for a swift and safe end to a crime such as kidnapping is nothing I intend to argue against, but this is one of those grey areas where the emerging intelligence of a young human ought, in my opinion, to be considered. Actually, this opened up an interesting line of thought: Does the emergence of a person's fingerprints roughly coincide with the emergence of a person's rational faculty? That, unfortunately, was quashed when I read that a fetus develops recognizable and permanent fingerprints around the 17-24 week time period. Just a bit early for a conceptual mind to be operating, methinks...

Not wanting to register a child's fingerprints with the government on the grounds of wanting to limit your child's contact with the state is admirable, but there is so much state contact a typical baby goes through that you'd have to live a non-typical life to escape most of it. Birth certificates, immunizations, tax forms, hospital records, public education, and so forth all operate - in one form or another - to gather information on the child and have it ready for state consumption. To desire as minimal contact as possible, I fear you'd need to be quite vigilant and economically agile.

In any event, I hope no parent suffers through a kidnapping and the ones that do obtain speedy and safe satisfaction. If that is through the use of state-filed fingerprinting services, I might complain about taxes being used to pay for it and I might complain about the idea of wanting to be on government records, but I won't complain about a child returned to his or her parents alive and well.

Posted by drizzten at 02:57 PM | Permalink

Austin-American Statesman: Bills would let Texans buy prescriptions from Canada

Two Houston Democrats on Wednesday touted legislation that they say would lower the cost of prescription drugs by allowing Texans to purchase their medicine from Canada.

The idea drew criticism from the pharmaceutical industry.

Two, of course Big Pharma doesn't like the idea. The more restrictions they can get imposed on the drug market in favor of domestic companies, the better off they think they are.

Under the proposal, the Texas State Board of Pharmacy would license Canadian pharmacies to sell and ship prescription drugs directly to Texans. Those pharmacies would be required to meet the same safety standards as pharmacies that operate in Texas and would be subject to random inspections.

It's a marginal reduction in one form of protectionism and a significant increase in another.

"The rising cost of prescription drugs is a major fiscal crisis that could lead to a major health-care crisis in the state of Texas," said Sen. Rodney Ellis.

"Texans that can't keep up with skyrocketing prices are either going without much-needed medications or taking the more risky route of buying who-knows-what from who-knows-where over the Internet."

Why do you assume Texans are idiots who can't sniff out scams, bad deals, and shoddy products? And what the hell is wrong with risk?

The Pharmaceutical Research and Manufacturers of America, the drug industry's trade organization, is critical of the Texas proposal, saying that skirting U.S. Food and Drug Administration rules can create risks.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

In other news: Medical marijuana defense proposed

Rep. Elliott Naishtat, D-Austin, has filed a bill to create a defense for people treated by a licensed physician who use marijuana to ease the pain of a bona fide medical condition.

"There is ample evidence that marijuana is beneficial to people suffering from the chronic and debilitating pain associated with cancer, AIDS and multiple sclerosis," Naishtat said.

House Bill 658 does not legalize marijuana but would allow a defendant to prove in court that all stipulated conditions for medical use had been met. A jury would hear the evidence and determine whether the person had a valid medical defense against prosecution for the use of marijuana.

Only the full legalization and decriminalization of marijuana on the grounds of individual freedom makes the most sense. But since so many have been scared away from individual responsibility by government propaganda, it's hard to change minds who aren't already susceptible to the pull of liberty.

In May, the Texas Medical Association adopted a policy supporting the right of physicians to discuss all treatment options, including medical marijuana, with their patients without fear of regulatory, disciplinary or criminal sanctions. The bill also would offer protections for doctors who discuss marijuana as a treatment option.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Heh, and while I'm on pot, it seems not even the local cops can get past the economics of the situation.

Posted by drizzten at 10:40 AM | Permalink | Comments (1)

Lots of things I'm interested in experiencing.

I'll start with South by Southwest (SXSW) music: Aesop Rock, Mike Doughty, Drums & Tuba (who'll also be at La Zona Rosa Saturday the 19th), The Flametrick Subs with Satan's Cheerleaders, Grand Buffet, Hobble, Nashville Pussy, The Pillows, Robert Plant, Shonen Knife, and Saul Williams. Out of a massive list subject to change! I don't think I'll be plopping down $545 for a SXSW music badge though.

The SXSW Film Festival, as much as I want to check the films out, is out of my reach.

At the UT Performing Arts Center:

• the Kronos Quartet performs "Sun Rings" on Wednesday, April 6, 2005 @ 8:00 pm
  
• Bill Cosby on Sunday, May 8, 2005 @ 3:00 & 7:00 pm

Alamo Drafthouse:

• Downtown:
  • American Beer, Sunday, March 27 9:45 pm
  
  
• Village:
  • A Tribute to Bill Hicks, Thursday, February 24 9:45 pm

Posted by drizzten at 08:27 PM | Permalink

Austin-American Statesman: Empty boots stand in for soldiers in exhibit

Boots lined in rows representing military personnel killed in Iraq transformed Zilker Park's Peace Grove into a sight resembling Arlington National Cemetery on Tuesday, and visitors paid their respects.

The American Friends Service Committee brought "Eyes Wide Open," an exhibit about the human cost of the Iraq war, to Austin after a tour of more than 40 U.S. cities. When the exhibit opened in January 2004 in Chicago, it had 504 pairs of boots. On Tuesday, there were 1,462.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 10:36 AM | Permalink

[Updates below.]

Dodgeball. While I cannot vouch for everyone adjacent to and part of my age bracket, I remember this sport being one of the few saving graces of the required gym classes during my elementary, junior high, and high school years. Why? It was simple to learn and challenging to play. I am not and have never been a fan of hard-contact sports, but I make an exception for dodgeball. Nostalgia is a powerful force and being relatively good at something in the past always motivates me to attempt it later on.

One of my best friends and my current roommate discovered some folks on MySpace who were trying to get more people to join their dodgeball games. Cameron went to a match at the end of last year and felt more of his friends should show up. So I went to one in December and got hooked. Things have now progressed to a semi-organized point: we've started a MySpace Austin Dodgeball group and an Austin Dodgeball Meetup group. Lionel and Ryan have been central figures in the recent organizing activity and deserve praise for keeping the quasi-league alive.

Even if we don't have regular teams and attendance at each match varies from enough to field two teams of five to four teams of six. :)

Hopefully, this will change over time. I'm making this post as an open public invitation to Austinites who want to play old-school dodgeball. No whining, few rules, and a plenty of fun. We've been meeting at West Enfield Park (2000 Enfield Road) at the northwest intersection of MOPAC/Loop 1 and Enfield Road at the tennis courts:

Want to join or discuss? Leave a comment below or sign up at either of the two groups above. I'll update this post as information comes down the line.

Hope to see you play!

UPDATE 3/6/2005 11:25pm
Saturday DODGEBALL 03/12/05

WHAT: Dodgeball

Why: why not?

WHERE: Westenfield Park ( * Tennis courts* ) (THE PARK RIGHT OFF OF MOPAC AND ENFIELD, ON THE WEST SIDE OF MOPAC)

TIME: 2:00 PM to ?

***Make sure you bring something to drink I don't believe the water fountains worked. Bring dodgeballs if you have any, it's always better to have too many then not enough ***

Posted by drizzten at 05:06 PM | Permalink

News8Austin: President's budget could hurt Austin

Mayor Will Wynn said President Bush's budget cuts could have a devastating affect on Austin.

The mayor said the city could lose $4 million in Community Development Block Grant funds.

The money goes towards creating transitional neighborhoods and affordable housing.

"I've been in the position of making difficult budget cuts, and I understand the need to establish a balance, but this is the wrong place to cut," Wynn says. "As a community, we're only as successful as the least fortunate among us."

Austin's CDBG program is distributing more than $9.5 million this year. Recipients of CDBG funds offer services such as child care, affordable housing and services for the elderly. City officials say that if Bush's proposal is approved by lawmakers, the amount of money given to local CDBG recipients could be cut in half.

© 2005 American City Business Journals Inc.

Under the president's plan, Austin stands to lose half of its community block development grant money - $4 million.

"If we lose a tremendous amount of money in this community, how in the world are we going to make up $4 million that's lost? That's so difficult," Meals on Wheels Executive Director Dan Pruett said.

Austin's elderly population is expected to take the biggest hit.

The Austin Area Urban League helps 600 households a year with emergency home repairs. Many of them are elderly, on social security and disabled.

"They need that money to help with just basic services. Sometimes we see individuals that are in crisis when you have plumbing backing up you don't want that in your home," Austin Area Urban League Interim President Grova Jones said.

The proposed cuts also impact those who don't have a home to call their own.

Austin's Lifeworks program that reaches out to homeless teens is also facing a loss of funding.

"We see hundreds of kids every year make that transition from street life to self sufficiency, but most of them can't do it by themselves. They need a place to live. The $4 million that's spent here in the community through CDBG funds is enormous prevention work for this community," Lifeworks Executive Director Susan McDowell said.

In the meantime, those concerned about proposed cuts should contact their U.S. Senator and Representative.

© Copyright 2000 - 2005 WorldNow and KXAN. All Rights Reserved.

Dear Senator John Cornyn, Senator Kay Bailey Hutchison, and Representative Lloyd Doggett:

1. President Bush submitted his budget for the new year and I'm concerned. I'm concerned that despite all the hype the Bush Administration has nurtured, promoted, and distributed, the budget doesn't cut enough. The $2.5 trillion-plus in spending he proposes (not including military expenses in Iraq and Afghanistan, among other things) is too high all-around and the cuts too paltry and too few. In fact, to approach a level of even modest improvement, you'd have to grind a chainsaw into the two-thirds of the budget that truly deserve hasty and complete deaths: Social Security and Medicare.

   I am "concerned."

   Show me your wicked representative skills and dance to my tune as I command you to do my bidding! You represent me! Take my desires into account, you bastards! Wade deeply into the federal budget and kill the growth as it passes by your view! Prevent any more metastization! Once the cancer's advance has stopped, engage offensively! Righteously lay waste to That Which Is UnConstitutional! Begin by consulting the CATO Institute, the Heritage Foundation, the American Enterprise Institute, and force the Collective through the limited government strainer!

   And then kill that, too!

With sincerity beyond the bounds of parody,
-Charles Hueter

Posted by drizzten at 03:53 PM | Permalink | Comments (3)

Austin-American Statesman: It's not politics – it's health

When Sen. Kay Bailey Hutchison recently pointed out that Texas forfeited $104.6 million in federal dollars designated for children's health insurance, she was criticized for politicizing the Children's Health Insurance Program.

It's true that Hutchison, a Republican, is seriously contemplating a run for governor against Rick Perry. But those who explain away Hutchison's candid remarks as political grandstanding miss the point: Texas, with the highest rate of uninsured children in the nation, can't afford to return health insurance dollars. That money is needed for children whose parents work, but can't afford to buy their kids private health insurance.

Congress established CHIP to assist families in those circumstances. These are working people with low to moderate incomes. Only their children are covered by CHIP, which is financed mostly with federal funds, with a few state dollars added.

Perry's office is correct that the blame for hundreds of millions of dollars Texas received - but failed to spend between 1998 and 2001 - lies elsewhere. President Bush, who was governor when Congress passed CHIP, decided not to call a special session, which lost valuable time in setting up CHIP. Since then, Texas has been playing catch up. The rules of the game allow states three years to spend their yearly allotment of federal dollars.

But the fault for the most recent loss of more than $100 million comes on Perry's watch. With his blessing, the Legislature in 2003 drastically cut the CHIP program — while sitting atop a $104 million surplus of federal money. The cuts eliminated all dental and vision benefits and made it tougher for children to qualify for CHIP and remain on the program.

Presumably, it was done to save money. The truth is that Texas leaders could have used every penny of their federal money and still balanced the budget without raising taxes.

As a result of the cuts, Texas CHIP rolls have declined by about 175,200 children. The state enrolls about 332,000 children in CHIP, but there are tens of thousands more who are eligible but not enrolled.

Our loss is another state's gain. When Texas doesn't spend its money, it goes to New Jersey, New Mexico and Mississippi, among others.

So, let's stop shooting the messenger and start spending our CHIP dollars on Texas kids.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

This is state politics.

Posted by drizzten at 10:49 AM | Permalink

Representative Ruth McClendon has filed HB 65:

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 481, Health and Safety Code, is amended by adding Section 481.142 to read as follows:

Sec. 481.142. MUNICIPAL DRUG-FREE ZONES.

1. (a) This section applies only to a municipality that has a population of more than 1.1 million and is wholly or partially located in a county with a population of less than 1.4 million.
   
2. (b) The governing body of a municipality by ordinance may designate one or more geographic areas within the municipality as a drug-free zone and authorize the issuance of an order that temporarily excludes a person from the drug-free zone for:
   
   1. (1) 90 days if the person has been arrested by a peace officer of the municipality for an offense under this subchapter committed in the drug-free zone; and
      
   2. (2) one year if the person has been subsequently convicted of that offense.

SECTION 481.101. CRIMINAL CLASSIFICATION
SECTION 481.102. PENALTY GROUP 1
SECTION 481.1021. PENALTY GROUP 1-A
SECTION 481.103. PENALTY GROUP 2
SECTION 481.104. PENALTY GROUP 3
SECTION 481.105. PENALTY GROUP 4
SECTION 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE ANALOGUE
SECTION 481.108. PREPARATORY OFFENSES
SECTION 481.111. EXEMPTIONS
SECTION 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1
SECTION 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-A
SECTION 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2
SECTION 481.114. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4
SECTION 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1
SECTION 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A
SECTION 481.116. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2
SECTION 481.117. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 3
SECTION 481.118. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 4
SECTION 481.119. OFFENSE: MANUFACTURE, DELIVERY, OR POSSESSION OF MISCELLANEOUS SUBSTANCES
SECTION 481.120. OFFENSE: DELIVERY OF MARIHUANA
SECTION 481.121. OFFENSE: POSSESSION OF MARIHUANA
SECTION 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD
SECTION 481.123. DEFENSE TO PROSECUTION FOR OFFENSE INVOLVING CONTROLLED SUBSTANCE ANALOGUE
SECTION 481.124. OFFENSE: POSSESSION OR TRANSPORT OF CERTAIN CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE
SECTION 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA
SECTION 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR INVESTMENT
SECTION 481.127. OFFENSE: UNAUTHORIZED DISCLOSURE OF INFORMATION
SECTION 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL MATTERS
SECTION 481.129. OFFENSE: FRAUD
SECTION 481.130. PENALTIES UNDER OTHER LAW
SECTION 481.131. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE PROPERTY OR PLANT
SECTION 481.132. MULTIPLE PROSECUTIONS
SECTION 481.133. OFFENSE: FALSIFICATION OF DRUG TEST RESULTS
SECTION 481.134. DRUG-FREE ZONES
SECTION 481.135. MAPS AS EVIDENCE OF LOCATION OR AREA
SECTION 481.136. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL PRECURSOR
SECTION 481.137. OFFENSE: TRANSFER OF PRECURSOR SUBSTANCE FOR UNLAWFUL MANUFACTURE
SECTION 481.138. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL LABORATORY APPARATUS
SECTION 481.139. OFFENSE: TRANSFER OF CHEMICAL LABORATORY APPARATUS FOR UNLAWFUL MANUFACTURE
SECTION 481.140. USE OF CHILD IN COMMISSION OF OFFENSE
SECTION 481.141. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY

Posted by drizzten at 11:19 AM | Permalink

News8Austin: Liquor by the glass ballot

Right now, you can buy liquor in Taylor, but you have to go to a liquor store to get it.

[...]

On Saturday, voters will decide whether the liquor stays in a store or branches out to restaurants. And a consultant believes Taylor needs alcohol sales in order to grow.

"The recommendation of that report was that it would be difficult to attract some of the larger chain restaurants, if we didn't have liquor by the drink," Assistant City Manager Charles Cunningham said.

It would be, You know what, you gawddamn city tyrants? You can plant your mouth to my ass because you don't own me! I would pay dearly to see even a plurality of the City of Taylor deliver that chorus to their "leaders." I cannot stand how this stuff is left to a vote, as if right and wrong and fact and fiction are up to a majority to decide.

Of course, even the people who ought to know better cannot remove their hands from others' wallets:

"One of the main things we're after is to keep Taylor's dining out dollars and sales tax dollars in Taylor. So, many of our citizens will go to Round Rock or Austin to eat out," Joe Naizer with Taylor Citizens for Better Restaurants said.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 10:30 AM | Permalink

Austin-American Statesman: Enterprise fund needs oversight, critics say

Though there's little question that the Texas Enterprise Fund will be replenished this spring with another $295 million or so, just as Gov. Rick Perry wants, lawmakers are jockeying to gain more control over who will divvy up what is being called Texas' biggest political plum.

And where it will be spent.

And how.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 01:40 PM | Permalink

Austin-American Statesman: Bill would give rape victims emergency pill (link will rot)

Sexual assault victims would have access to emergency contraception and a minimum standard of medical care if the Texas Legislature passes two bills by Rep. Senfronia Thompson, D-Houston.

They just aren't "free."

Thompson's first bill would require Texas hospitals -- public and private -- to provide information about emergency contraception to all patients who have been sexually assaulted. And if a patient requests the drug, known as the morning-after pill, the hospital would be required to provide a prescription.

I, on the other hand, oppose HB 174 (or HB 677, depending on what works) not because I hate raped women and love unnecessary births due to ignorance of contraceptives, but because I don't want the individuals working in those businesses to be required to do anything against their will. The bill doesn't specify punishment if these rules are not followed, but I'd assume they would escalate from administrative finger-waggling to fines to health center license revocation to jail time.

I think it is generally a good idea that sexual assault victims get a room to themselves while waiting for and during the forensic and health examinations. I don't think it is necessary to write that into law.

The second bill, co-sponsored by Rep. Toby Goodman, R-Arlington, would establish a standard of care in all Texas emergency rooms. The bill asks for a private examination room for the patients to talk with law enforcement, hospital staff, family and friends.

All sexual assault patients would also receive information about sexually transmitted diseases, forensic and medical exams and referral to a rape crisis center.

The choice to provide such services should be left to the service provider and the request of such services should be left to the service consumer.

"We have concerns with the bill because it would force hospitals, including religious hospitals, into providing a drug that can in some instances act as an abortive agent," said Joe Pojman, executive director of Texas Alliance for Life.

Dr. Diana Weihs, who practices obstetrics and gynecology, said people often confuse emergency contraception, which is a highly concentrated dose of hormones used to prevent conception, with mifepristone, also known as RU-486, which is used for medical abortions.

Stacey Emick, legislative director of the Texas Right to Life Committee, said being offered emergency contraception is one more traumatic thing for an already traumatized person to think about.

"If they're just throwing a pill at her and saying, 'Here's how you get rid of the problem,' that's not an informed decision," she said. "You are putting her in a more vulnerable position."

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 01:31 PM | Permalink

News8Austin: Fantasy poker tournaments draw AG's attention

Texas Hold 'em is the latest craze at many bars and restaurants.

The businesses pay a fee to host a free fantasy poker tournament which allows players to earn points and qualify for a state championship.

But the fantasy poker grand prize winner gets a trip worth $10,000 and some officials are questioning the game's legality.

"Since at the tail end of the process you get money, I think up front it's gambling," Williamson County Attorney's Office representative Dale Rye said.

The Texas Attorney General's Office is looking into these so-called legal poker games and is expected to issue legal clarification soon.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 12:41 PM | Permalink | Comments (3)

[Updates below.]

Quoted from News8Austin and its copy of his prepared remarks:

...I want to issue a special welcome to our newest members. You are the invigorating lifeblood every democratic body needs. Thank you for your willingness to serve.

Democracy functions best when we have an active citizenry. It is great to see the balconies filled by folks our forefathers called, "we the people."

Then again, he may just be subtly acknowledging something else: democratic governments cannot function without the general consent (coerced or not) of the individuals within, nor without the wealth skimmed from those "active" individuals who work to create the wealth in the first place.

As we gather today, I am more optimistic than ever about our future.

Dark economic clouds are dissipating into an emerging blue sky of opportunity. In the last 15 months, we have added 162,000 jobs. In 2003, we attracted nine of the 24 largest capital investments in the nation, including the single largest investment, a $3 billion Texas Instruments semiconductor plant.

Last year we convinced Vought Aircraft to add 3,000 jobs in Texas, and then we persuaded Countrywide Mortgage to bring 7,500 jobs to our state – the largest job expansion nationwide in four years.

These major investments, and many more, were made possible by the Texas Enterprise Fund, a fund that is not only bringing jobs to the big cities, but to towns like Brownwood, New Braunfels, Buda, Nacogdoches, Port Neches, League City and Ennis too, Chairman Pitts.

It’s no wonder Site Selection Magazine called Texas the best business climate in the nation in 2004.

Job growth has led to tremendous revenue growth.

Going forward, we must not retreat on the principle behind our prosperity, fiscal responsibility.

We did not tax and spend our way to a revenue surplus, and we need not tax and spend our way to future shortfalls.

A perfect example is public education.

Standards are higher and test scores are rising again. According to a study by Achieve Inc., Texas is the first state to make a college-prep curriculum the standard coursework in high school, starting with this year’s ninth grade class.

We were the first state to require individual graduation plans for at-risk students, and provide a personalized study guide for 11th grade students that fail state assessments. And we have joined the Gates Foundation in investing $130 million in the Texas High School Initiative to reorganize and reconstitute failing schools.

Because of leadership on both sides of the aisle, doctors are returning to areas once deemed high-risk, hospitals are seeing double-digit declines in their insurance costs, and patient access is improving because the personal injury trial lawyers are no longer calling the shots when it comes to Texans' health care.

Texans stuck in traffic now know that help is on the way. The Trans Texas Corridor is quickly becoming a reality with the private sector willing to expend $7.2 billion up front without asking for one dime in state money for construction. This toll project will allow us to build needed corridors sooner and cheaper. And for those who like driving on free lanes today, let me be clear: I do not support tolling existing lanes.

And I call bullshit on this assertion that the public roads we drive on are "free." This is patently NOT the case: how do, for example, the Texas Department of Transportation (2003 budget: $5.2 billion) and the City of Austin's Transportation Division (2004-2005 budget: $54.7 million) get the money to do the work they do? Yeah, toll roads are a bad idea, but only because they represent multiple-taxation and continued state control over the transportation network.

The reforms of the last two years have protected Texans’ pocketbooks, preserved their health care and improved the job climate. With our recent economic growth, continuing gains in education and a better budgetary picture, the Lone Star of Texas is once again on the rise.

So, today I am proud to declare the state of our state is vibrant and our future is limitless.

Because of the right choices you have made, we find ourselves at the brink of a new era of possibility. And today I ask you to consider what is possible if we make wise investments in good jobs, great schools, and stronger families.

Education often gets reduced to a numbers game inside the walls of this Capitol. But inside the walls of our schools, the greatest concern is whether our children grow and learn. Let us keep the most important issue the most important issue: and that is the quality of education in our schools.

This is not merely an exercise in accounting, or a chance to change our complex funding formulas. It is a once-in-a-generation opportunity to make sure children of every background are given a chance in life.

The financing component is critical, but it is only the means to an end destination. And we will not arrive at that destination until every child, in every corner of this state, can walk through the schoolhouse doors and have waiting for them the best teachers, the best curriculum, and the best opportunity to succeed.

I ask you to think about what is possible, not what is standard practice, when it comes to education.

We must have two goals: ensuring more students graduate and ensuring more students graduate prepared for college.

Today we have 36,399 students trapped in failing schools. Last year 889,468 students failed at least one section of the TAKS. And two years ago 15,665 students dropped out.

[...]

When our work is done, parents won’t measure our success by how much money we spend, but whether more children learn.

And I'd like to know why the Texas Assessment of Knowledge and Skills (TAKS) test is a standard against which academic achievement should be measured. Because it was established by the government and with the input of experts?

Let’s attract our best and brightest teachers to our toughest learning environments. Too often our struggling schools attract our most inexperienced teachers. We need to recruit proven teachers to under-performing schools, teachers who can turn around a campus one child and one classroom at a time.

We have many excellent teachers in Texas. I want our best and brightest teachers to be paid salary incentives as high as $7,500 a year when they rekindle the love of learning among children too often left in the shadows of success.

Excellence should not be rewarded the same as mediocrity; otherwise, mediocrity becomes its own incentive. When money follows results, we will get more results for our money.

That’s exactly what is happening with the Advanced Placement incentive program that rewards schools with up to $100 for each student that registers a high score. In its first five years, the A.P. incentive helped double student participation and helped us nearly triple participation among African-American and Hispanic students.

Achievement incentives work.

With the right incentives, we can encourage more students to take our hardest course of study...

We must provide meaningful progress incentives for schools that serve mostly disadvantaged student populations. The challenges these schools face are difficult but not impossible. Let’s meet this challenge with new resources...

We must establish school turn-around teams at the Texas Education Agency...

Every child is entitled to a public education...

It is time to take the next step and increase funding for the Early Start program...

I also support the expansion of teacher mentoring.

Let’s do more to help children in broken families...to promote responsible fatherhood...invest $25 million more in mentoring programs...

Let’s give children who need a second chance new choices that can forever change their future. Let’s give them school choice.

It is time to cut property taxes for the hardworking people of Texas. In fact, let’s not only give Texans property tax relief. Let’s give them appraisal relief too.

Texans don’t like taxation without representation, and they are sick and tired of taxation by valuation.

As we lower property taxes, we must all work together to find the right mixture of new revenues without harming Texans’ jobs. I join the leadership of both houses in support of the concept of a broad-based business tax that is fairly distributed, assessed at a low rate and reflects our modern economy.

When it comes to a business tax, most employers want you to keep it simple, treat everybody fairly and create protections so the rate is not easily raised.

This is the gentle fleecing of the wealth creators and it should be opposed.

More later.

Continue reading "Governor Rick Perry's State of the State Speech" »

Posted by drizzten at 02:48 PM | Permalink

"What we're seeing in these neighborhoods is that the situation has gotten to a point where we do need to do something," Director of the Town Lake Animal Center Dorinda Pulliam said.

Here's what a concerned citizen might do in lieu of getting the government to step on our rights and expand its power to control our lives:

1. Keep better track of your children and warn them of the dangers of unknown animals.
   
2. Remind neighbors of the danger such animals pose so they don't leave incentives for the animals to come to the neighborhood (such as securing garbage and neutering/spaying pets).
   
3. Arm yourself with what you think is necessary (ammonia spray, loud horns, Browning Hi-Power) and keep them handy in case your little girl is threatened by a roaming mutt.
   
4. Form an animal control company and sign up customers to have their property/neighborhoods protected.

Posted by drizzten at 03:40 PM | Permalink | Comments (5)

News8Austin: County could adopt fire code

Travis County Commissioners are considering a fire code for new buildings.

The county has never had a fire code and commissioners have started the process of adopting one.

Fire officials from all over the county attended Tuesday's meeting in support of the plan.

[...]

The code would require permits for any commercial or public structure, but not for private homes.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Good morning, judge, Commissioners. I’m with the Travis County fire marshal. A brief history, the collaborative effort of the commercial building community, the 13 emergency service districts/county fire departments and the city of Austin have agreed to adopt the recommendations required by the adoption of the international fire code as the fire code for Travis County. The purpose of the fire code is to protect and promote the public health, safety and welfare of the residents of Travis County. By requiring permits for the construction of commercial structures and public buildings in unincorporated Travis County and to impose standards to protect the lives and property of the general public.

1. the desire to have an important task standardized and partially subsidized by the state so they don't have to bear the burden of developing it; and
   
2. the benefits of a state-approved building code so the insurance industry might cut their premiums

As an urban county we are embarking on a comprehensive mechanism to ensure that all of the citizens of Travis County can be assured to be fire safe in any public or commercial building located in the county.

Per current state law, this fire code does not apply to private residences.

Fire codes regulate the design, construction and maintenance of structures and establish a minimum acceptable level of public fire safety.

Safety will be increased for buildings such as schools and businesses, reduction in deaths, injuries and direct property loss as a result of the fire codes enacted and enforced. Citizens require the assurance that buildings in which they work, shop, use for child care, and parental care and educating their children are safe for fire hazards.

Why would I? they think. This building's design, construction and maintenance were supervised by the government and the government is always looking out for me.

It's only when your ass is on the line and on the line physically, financially, and ethically that you really begin to give a damn. Imposing a countywide fire code partially takes your ass off those lines.

Business owners expect a consistent level of code enforcement to maintain a level playing field.

[in response to a question of whether apartments would fall under the code]

...any duplex that's greater than 10 occupancies or 10 people in it. Anything greater then a four-plex or a multi-plex building, that would all fall under the international fire code.

The previously quoted statements were all from the same person, if the transcript is accurate enough and I didn't miss anything. The following comes first from an unnamed county commissioner who is answered by Fire Chief Ron Mullenberg (President of the Capital Fire Chiefs Association)

>> am I hearing, although I’m not hearing it this way precisely, that if you have a fire code as a governmental entity, the international code is where everybody seems to be headed?
>> yes, sir. There's a -- there's not just a movement in Texas. It is a national movement to move toward one code. That in the past where there were several uniform codes, including the uniform code, southern building code, there's even a Dallas code that we sometimes see appear. Of course what that does is allow for confusion because we have contractors that move in here from metropolitan areas, want to erect a building according to codes that they are familiar with, we have to sit down and -- and play the game of finding a point of common -- compromise there. Under the international code that should be taken care of. And certainly it is gratifying and my particular district we were previously the uniform code. The city of Pflugerville was previously the uniform code. We already adopted the international code. Knowing that was the direction Travis County was headed to and knowing that the city of Austin personally we did not want to get caught in between. You know, we want to be just like everybody else. That's what I think is really great in our community now.

I acknowledge the great utility of having widely-accepted standards, but pushing them through the political process is the wrong venue.

I don't know who said the following, but it was not a commissioner:

Commissioner Davis, there's a standard in the industry contract, builders that are building buildings will make a submission for their plan review. That is what we make the -- not to say it always happens, because even in ESD 2 we begin to find buildings that grow out of the ground.

We may visit and I’m very familiar with the fire marshal's staff and I know that we all kind of think alike. It's time to have a polite visit then with the superintendent to say let's start right here.

And that's where we begin to negotiate those points of your building has to be built according to these standards. Generally speaking, you know, other than somebody that goes out there and buys a bunch of two-by-fours and starts you know erecting a building, we don't want that to happen.

But generally their building is some sort of a starnld [sic]. The architectural -- standard, the architectural community that draws the plans knows that there has to be a standard employed. And so they even -- even after the building is begun, if that should happen, there are ways to bring it into compliance from that point.

Vee have vays ov making you comply.

Posted by drizzten at 10:55 AM | Permalink

The very ability of the Travis County lease-to-buy housing program to provide the $35 million in funding is the very fact that the state believes homeowners don't actually own their homes. If it did believe that, why would the state believe it also had the right to impose a tax on them in the form of demanding payment for the interest on the $35 million bond?

Posted by drizzten at 09:28 AM | Permalink

The AP via News8Austin: Senate has school finance consensus

A Texas school finance overhaul plan unveiled Wednesday would cut property taxes by one-third and raise the salaries of teachers.

The measure would add $6.7 billion for public schools. Lt. Gov. David Dewhurst announced the plan on the second day of the legislative session, saying the measure has the support of all 31 state senators.

The plan is touted as closing loopholes in the state franchise tax, which is the state's main business tax -- forcing all businesses except sole proprietors to pay a tax.

This is how things are done in civilized states.

Other money for schools would be generated from a combination of a higher sales, motor vehicle, cigarette and alcohol taxes.

"You! Sir! May I ask you a few questions?"

"Sure, what's up?"

"You live here in Austin, right? You buy things here, go out and drink, and such?"

"Yes, I live here and my friends and I are avid fans of booze."

"Thank you. Thank you so much."

"...why?"

"Because of your generosity and choice, millions of Texas children can be educated."

"I don't recall donating money to public education."

"But you did! You bought goods and services in Texas and a portion of the final sales price went to fund education."

"Well, while I might have decided to buy those things, I didn't do it in order to fund an entity that I think ought to be entirely in the realm of the free market. Furthermore, the money taken from me in taxes isn't a donation or charity. Those activities are predicated on one thing: a free and uncoerced choice to decide for one’s self. You don't get that with sales taxes. Since the businessmen and -women ultimately face physical violence against themselves - and in some cases their families - if they don't comply with the tax laws, most of them decided to obey the state and charge me extra for certain products. If I choose to not pay that extra amount, the odds are they won't take any of my money and eventually ask me to leave. How's that for your charity?"

"But you choose--"

"I choose because if I didn't, my quality of life would deteriorate to the point of misery. The state has effectively ransomed off my desire to live well against my desire to not be harmed by their guns and jails. Avoiding that punishment may be a choice I made on my own, but that choice lacks the virtue of the kind you imply in your objection. That kind of choice is in the context of deals with agents I consider moral, honest, and trustworthy...not the kinds of people who sit in the Capitol thinking up ways to skim more cash from society."

Details still need to be worked out.

The plan, which now makes its way through the Legislature, also includes a statewide property tax, which ultimately would have to be approved by voters.

Copyright 2005 Associated Press, All rights reserved.

Here's a solution for high property taxes: end the Texas school financing problem by privatizing public education.

Posted by drizzten at 09:05 AM | Permalink | Comments (1)

Here in central Texas, we've been firmly adhered to annual pattern of one or two really frickin' cold days (read: 24-29ºF, quickly levelling out around the 40's) out of a whole winter. The last two years, those days came in February and were accompanied with precipitation.

You would have thought the Fifth Coming of Christ was upon us. Wails of "black ice" deafened me from every angle except my best friend, who was as amused at the spectacle as I was.

Hell, I have MORE FUN on those days than any other in the year. The roads are utterly deserted (and this includes IH-35, one of the busiest highways in the US) and the police are too busy with wrecks inside Austin and little old cold ladies to pay me any attention as I make the most out of a low-friction driving environment.

Inspiration due to Jay Jardine.

Posted by drizzten at 04:49 PM | Permalink | Comments (1)

News8Austin: Money needed to bring down Intel

Three U.S. Congressmen from Texas are going straight to the top to get some help in tearing down the abandoned Intel building in downtown Austin.

The building sits where the new federal courthouse will stand. Budget issues are delaying the construction of the new courthouse, which means the demolition of the Intel building is delayed, too.

So, Congressmen Lloyd Doggett, Lamar Smith and Michael McCaul are asking for President Bush's 2006 budget to include $1 million in funding for the demolition of the Intel building.

The lawmakers believe the building is an eyesore that detracts from the many efforts underway to enhance downtown Austin.

Copyright ©2005TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Why in hell should taxpayers in Montana, Hawaii, New Hampshire, and California have to pay for this? The rightful owner of the property should handle the demolition. Of course, Intel sold the site to the General Services Administration, so the feds are sorta stuck with the cost of the project. Does that then make it OK?

No. Because states and governments cannot own property in the sense of legitimate ownership rights.

Posted by drizzten at 11:33 AM | Permalink | Comments (4)

Austin-American Statesman: Austin mayor issues July 4 relay challenge

Mayor Will Wynn threw down the gauntlet Tuesday, encouraging Austin companies to get involved in his quest to make Austin the fittest city in the nation by entering teams in the brand-new Silicon Labs Relay. Then he departed on a 5-mile training jog around Town Lake.

[...]

In February 2004, the mayor announced his mission to make Austin the fittest city in the country — by 2006. Men's Fitness magazine annually compiles a list of the country's fittest cities. That magazine ranked Austin the 19th fittest in 2004, down from 13th fittest in 2003.

The rankings are based on 14 categories, including the number of health clubs, the number of fast-food restaurants, television viewing, health care availability and the number of public basketball courts, tennis courts, golf courses and swimming pools per capita. Also factored in are statewide statistics from the Centers for Disease Control and Prevention on obesity and sedentary behavior.

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

I want no part of it and I don't want to be challenged to improve my health when I know damn well how crappy it may or may not be.

Posted by drizzten at 03:06 PM | Permalink | Comments (3)

[Updates below.]

Austin-American Statesman: Restoring the land: Ranch near Kyle joins a growing trend in land conservation

[Julie] Johnson and her husband, Gordon, bought the 100-acre ranch in the late 1990s and immediately began a painstaking process to restore the land to its natural state.

Just about a mile away, the latest subdivision has sprung up, bringing with it increased pressure to sell the land to developers. But the Johnsons would rather turn back the clock on their property. "It's not uncommon to see some effort made to restore some of the natural vegetation, but they've done more work than anyone I've run into yet," says Todd Votteler, executive director of the Guadalupe-Blanco River Trust, a nonprofit land conservation organization.

A couple of years back, the Johnsons received an offer of $15,000 an acre from KB Home to sell their land for development. They declined.

"Even though right now where we're standing is very undeveloped, it doesn't take very long for developers to come in," Gordon Johnson says. "People have got to have a place to live. But the thought of having it turned into a development, we just couldn't take."

To hear Gordon Johnson tell it, restoring the ranch land to its native beauty took a few cedar tree clearings here, a few seeds thrown there and nature taking its course.

But the project has cost up to $17,000 a year, Gordon Johnson says, not counting the physical strain of building weirs - piles of rock preventing water runoff - and reseeding native grasses to control erosion.

Your typical environmentalist sees it differently. He or she sees the private ownership of land as a threat that must be dealt with by public custodianship. They literally hate and fear the freedom landowners have to do what they want with their land. They would rather encourage the state to simply take the land (call it "eminent domain" or "right of way" or declaring something a landmark, it's all about taking), pass laws against certain uses of it, and let the park rangers and cops do the rest.

Gordon Johnson sometimes picks up his chainsaw and just starts walking, looking for pesky cedar to chop down.

Julie Johnson routinely ventures out on the property and removes prickly pear cactus with a pick-ax. And she's built dams on certain areas of the ranch in hopes of preventing heavy water runoff.

To ensure that the property remains unspoiled, the Johnsons handed over development rights, through a conservation easement, to the Guadalupe-Blanco River Trust. The arrangement qualifies the Johnsons for tax breaks and gives the River Trust control over how much the land can be developed.

"If you drive out there, you'll see just how much development is right near this place," says Votteler, the River Trust director. "That kind of land does see rapid increases in value, and there's a substantial financial incentive for people to stop ranching and to sell their property."

The trust, launched in 2001 and funded by the Guadalupe-Blanco River Authority, has entered into three conservation easement deals with landowners covering 300 acres in its 12-county area of operation.

I really dislike it when people refer to undeveloped land as "unspoiled." I wonder if they've actually stopped to ponder the implications of that label.

The GBRA has a mission and a vision, and they are:

The Guadalupe-Blanco River Authority is a widely recognized leader in managing water resources that benefit both people and the environment.

The Mission of the Guadalupe-Blanco River Authority is to protect, conserve, reclaim and steward the resources of the ten-county District in order to ensure and promote quality of life for those we serve.

With that in mind, onward to the rest of the article.

The Johnsons are part of a growing trend: landowners looking to ensure the natural beauty of their property through conservation easements. Across the state, the use of these easements by nonprofit land trust groups has more than doubled since 1999, jumping from 121,120 acres to 281,080 acres in 2003, according to the Texas Parks and Wildlife Department.

That's not counting land acquired by municipalities to ensure that it remains pristine, such as more than 4,000 acres purchased by the City of Austin during the last four years to preserve the Edwards Aquifer.

"The wide-open spaces and those things that we think are so 'Texas' - big open spaces and mountain vistas and fresh clear running streams - I think we can't take for granted any longer," says Carolyn Vogel, coordinator of the Texas Land Trust Council at the Parks and Wildlife Department. "People are concerned, and I think they also realize now they have tools - some ways to sort of help."

Copyright 2001-2005 Cox Texas Newspapers, L.P. All rights reserved.

In fact, nearly every homeowner does this when they buy a house. While the amount of land on your average plot is drastically smaller than that on a 100 acre ranch, the concept remains the same.

UPDATE 1/7/2005 1:10pm
On the opposite side of the ledger, we have people smiling at the destruction of Thai beaches because the tsunami "returned them to nature." Ugh.

Posted by drizzten at 02:57 PM | Permalink

Via the Mises blog, I hear about John Underwood's LIVE-SHOT, a system that says "you can control a pan/tilt/zoom camera and a firearm to shoot at real targets in real time." The animals available to hunt are:

• Aoudad (Barbary Sheep)
  
• Blackbuck Antelope
  
• Sheep (Corsican, Mouflon, and crosses)
  
• Wild Hog
  
• as well as axis, fallow, and red stag "on a limited basis"

Texas officials are not quite sure what to make of Underwood's Web site, but may tweak existing laws to make sure Internet hunting does not get out of hand.

"This is the first one I've seen," said Texas Parks and Wildlife Department wildlife director Mike Berger. "The current state statutes don't cover this sort of thing."

Underwood, an estimator for a San Antonio, Texas auto body shop, has invested $10,000 to build a platform for a rifle and camera that can be remotely aimed on his 330-acre (133-hectare) southwest Texas ranch by anyone on the Internet anywhere in the world.

The idea came last year while viewing another Web site on which cameras posted in the wild are used to snap photos of animals.

"We were looking at a beautiful white-tail buck and my friend said 'If you just had a gun for that.' A little light bulb went off in my head," he said.

Copyright 2004 Reuters Limited. All rights reserved.

Posted by drizzten at 02:49 PM | Permalink | Comments (9)

News8Austin: County Commissioners opposed to racetrack

Jody Brockhausen and the owners of the Manor Downs Racetrack met at a Travis County Commissioners Court meeting Tuesday.

Together they hope to make sure a racetrack proposed by the owners of the Retama Racetrack in San Antonio never comes to Pflugerville.

"A racetrack just doesn't fit in a community of children," Brockhausen said.

The Pflugerville Pfamiles Pfirst anti-racetrack group didn't have to try very hard to win over Travis County Commissioners.

Commissioner Karen Sonleitner, whose precinct includes Pflugerville, is already against it, but for different reasons.

"They have not addressed the issue of the roadway and the traffic," Sonleitner said.

The opposition from Commissioner Ron Davis falls more in line with the Manor Downs. Manor is in his precinct.

"I don't think economically speaking it's a wise thing to do to have two competing racetracks in such close proximity," Davis said.

"It will take about $3.5 million to take care of the social problems of just 1 percent of the people being addicted pathologically or problem addiction to gambling. That's just 1 percent," Mike Northen of the First Baptist Church in Pflugerville.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Austin-American Statesman: Travis County to oppose proposed horse track (link will rot)

The tone at Tuesday's commissioners meeting was decidedly matter-of-fact. Unlike the recent council meeting, there was little of the impassioned talk about gambling, prostitution and organized crime.

"I would rather not make calls based on morals," Commissioner Gerald Daugherty said.

Copyright 2001-2004 Cox Texas Newspapers, L.P. All rights reserved.

Allow the racetrack to be built.

Posted by drizzten at 10:18 AM | Permalink

One of the more annoying things about the form and structure of my blogging habit is that I repeatedly forget to follow up on posts I've made on the past and often neglect to continue a theme or series I've started. I'm just too haphazard about it. The perfect example is my "Hightower Retort" (See: Hightower Needs Some Perspective, The Hightower Retort 11/8/2002, Bringing Back The Hightower Retort, Hightower Retort - 9/26/2003, and Hightower Retort - 10/3/2003). Once I move in to my house and get set up with broadband Net access, I emphatically plan to make that a regular feature.

But more importantly, I want to take the time to face The Austin Chronicle. I've always known it to be the largest single voice for lefty collectivist (and now and then accurately "liberal") issues in the central Texas area. Surprise wasn't on the list of emotions I felt while reading the paper's endorsements and the commentary of its individual writers regarding current events; like most ideologues, these are predictable people. But after reading the current issue, I was so jarred by the outright contradictions in the political writing that my mind has been changed. I will not let this elephant in Travis County's living room go without remark.

I love the Chronicle for its superb coverage of the local arts, music, and community scenes. The advertising within is a directory of the most interesting businesses in the city. But the politics the paper's editors either endorse or advocate are at least as ugly as the other politics I discuss occurring on a national scale.

I'm scheduled to close my house deal next Friday and it would be absurd to think I'll be blogging from home 24, 120, or 240 hours later. However, I think it is time I extended my opposition to the local clearinghouse of the kind of politics I despise.

Posted by drizzten at 12:39 PM | Permalink

...when the Texas legislature is in session.

From the Austin-American Statesman, Lawmakers' plate filling with bills from school finance to marriage

The Texas legislative preseason kicked off Monday with proposals to revamp school finance, send children to private schools with public money and stop lawmakers from leaving the state.

Many of the proposals that are seeing playing time now, however, will be distant memories by the time the real season wraps up next year.

And many appear to be red meat that lawmakers from each party are throwing to their political base.

Copyright 2001-2004 Cox Texas Newspapers, L.P. All rights reserved.

Continue reading "No Texan's Life, Liberty, or Property Are Safe..." »

Posted by drizzten at 02:31 PM | Permalink

News8Austin: Dealing with downtown homeless

The Austin City Council is considering proposals to ban panhandling in downtown Austin.

The council is also mulling over tightening "public order laws" such as sleeping on sidewalks and roadside soliciting.

"If we just push them harder in this direction..."

The Austin Resource Center for the Homeless, or ARCH, recently opened downtown. Critics say the ARCH is the reason for the surge of that type of activity.

Front Steps, based on the belief that all people deserve the dignity of a safe place to call home, seeks to end homelessness by providing shelter, affordable housing and community education.

Back to the article:

"What their approach is, is to address a symptom and not address the core issue. And the core issue facing homeless people are affordable housing, health care and livable incomes, which specifically in terms of our people, equates to a living wage, paying a fair wage for a fair day's work," Richard Troxell of House the Homeless said.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

I guess advocating the removal of the collective yoke off the backs of businesses and individuals is not going to fly with these guys.

Posted by drizzten at 01:29 PM | Permalink

Austin-American Statesman: Suggested changes on marriage being eyed before final vote

A State Board of Education member stalled a vote to approve middle school health textbooks Thursday by saying the books should condemn homosexuality and make clear that marriage exists only between men and women.

Board member Terri Leo, R-Spring, called for about 30 changes to teachers' and students' editions of proposed health books in grades six through eight.

The board skipped a preliminary vote on the books after a representative for the books' publisher, Holt Rinehart and Winston, said the company would consider Leo's changes and report back before today's final vote. The board also delayed a vote on high school health textbooks that emphasize abstinence as virtually the only way to prevent pregnancy and disease.

This is why the government shouldn't run schools, even on a local level. Imposing a single standard on the entire state opens up the textbook as a vile political tool to program the youth.

Leo said that three of the 10 middle school books up for approval would not conform to a state law banning the recognition of same-sex unions as marriages. She said they endorse same-sex marriage by referring to the heads of families as couples or adults instead of husbands and wives or fathers and mothers.

"We're considered a state agency, and we need public acts and records recognizing that marriage is between a man and a woman," she said.

Some of her suggestions, however, go beyond the marriage issue.

One passage in a teachers' edition says that "surveys indicate that 3 to 10 percent of the population is gay. No one knows for sure why some people are straight, some are bisexual and others are gay."

Leo wanted to replace those sentences with: "Opinions vary on why homosexuals, lesbians and bisexuals as a group are more prone to self-destructive behaviors like depression, illegal drug use and suicide."

Copyright 2001-2004 Cox Texas Newspapers, L.P. All rights reserved.

Posted by drizzten at 01:16 PM | Permalink

News8Austin: Small steps will lead to commuter rail

To help the project along, Cap Metro is hoping for matching funds from the federal government.

"This is probably the lowest-cost commuter rail project in the country. And, for it not to be ranked very high would be a major disappointment to me," Frank Gilliam of Capital Metro said.

Even if Capital Metro can't secure federal funding work will continue on commuter rail. Though the process may take a little longer.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Advance Towards Federal Funding
Capital Metro will also advance the process to obtain federal transit funding for both commuter rail and Rapid Bus projects with the intent of preparing and submitting a formal New Starts Application for federal funding assistance to the Federal Transit Administration early next year. Capital Metro also is nearing completion of the Alternatives Analysis for the Downtown/Northwest urban commuter rail line. An Alternatives Analysis is required for any transit project seeking federal funding under the classification of "fixed guideway" such as commuter rail. As a first step towards finalizing the Alternatives Analysis for commuter rail, on November 15, the Board is expected to officially adopt the Downtown/Northwest line as the locally preferred alternative (LPA).

The LPA will be officially submitted the Capital Area Metropolitan Planning Organization for their subsequent adoption early next year. Capital Metro will then submit its commuter rail project to the FTA for federal funding and request their approval to enter into the next phase, the preliminary engineering phase of the project. Capital Metro will then begin preparation of the New Starts Application for federal funding.

The Federal Transit Administration's (FTA) discretionary New Starts program is the Federal government's primary financial resource for supporting locally-planned, implemented, and operated transit "guideway" capital investments. From heavy to light rail, from commuter rail to bus rapid transit systems, the New Starts program has helped to make possible hundreds of new or extended transit fixed guideway systems across the country. These rail and bus investments, in turn, have improved the mobility of millions of Americans, have helped to reduce congestion and improve air quality in the areas they serve, and have fostered the development of viable, safer, and more livable communities.

The Transportation Equity Act for the 21st Century (TEA-21) has authorized $8.2 billion in New Starts funding through fiscal year 2003. An even higher level of funding is anticipated in the next Federal surface transportation authorization beginning in 2004. While the level of New Starts funding has never been higher, neither has the demand for it. TEA-21 authorizes over 190 projects nationwide to compete for these discretionary Federal dollars.

Posted by drizzten at 08:51 AM | Permalink

Following up from last time...

The new Austin Police Department traffice enforcement list is up and ready for disseminating:

Monday, October 25th
Morning 2400 to 2500 blocks of Red River Street
Morning West Anderson Lane from Lamar Boulevard to Burnet Road
Morning Rockwood Lane from Anderson Lane to Steck Avenue
Morning North Mopac from Town Lake to Far West Boulevard
Tuesday, October 26th
Morning 1500 block of Rio Grande Street
Morning Grady Lane from Lamar Boulevard to I-35
Morning Metric Boulevard from Rutland Drive to Kramer Lane
Morning FM 2222
Wednesday, October 27th
Morning 1900 to 2300 blocks of Red River Street
Morning Southwest Parkway
Morning North Lamar from Anderson Lane to Rundberg Lane
Morning 800 to 1200 blocks of North I-35
Thursday, October 28th
Morning 800 to 1000 blocks of West Cesar Chavez Street
Morning 1200 to 1800 blocks of Kramer Lane
Morning West Braker Lane from Parkfield Drive to I-35
Morning East Riverside Drive
Friday, October 29th
Morning 1500 to 1800 blocks of West 6th Street
Morning Manchaca Road
Morning West Anderson Lane from Lamar Boulevard to Burnet Road
Morning East Oltorf

The goal of traffic enforcement is to increase citizen's voluntary compliance with traffic laws. In furtherance of this goal, APD will now publish a weekly list of traffic enforcement locations. Although this list will not be comprehensive or specific as to exact location and time, it is being distributed to increase motorist's awareness of our enforcement activities. It is believed this increased awareness will lead to safer roadways through increased compliance with traffic laws. This week's traffic enforcement will include the following locations:

All must sacrifice in the name of public safety.

Posted by drizzten at 10:02 AM | Permalink

Following up from last time...

More places in Austin to avoid due to higher traffic cop presence:

Monday, October 18th
Morning 2400 to 2500 blocks of Red River Street
Afternoon Congress Avenue Bridge
Morning FM 2222
Morning 1800 block of MLK, Jr., Boulevard

Tuesday, October 19th
Morning 1700 block of West Cesar Chavez Street
Morning 4400 block of East Riverside Drive
Morning Davis Lane
Morning North Mopac from Town Lake to Far West Boulevard

Wednesday, October 20th
Morning 1900 to 2300 blocks of Red River Street
Morning 2500 to 3000 blocks of Parker Lane
Morning 8200 to 8800 blocks of Georgian Drive
Morning FM 2222

Thursday, October 21st
Morning 400 block of West Cesar Chavez Street
Morning 7300 block of East Ben White Boulevard
Morning Barton Springs Road
Morning North Mopac from Town Lake to Far West Boulevard

Friday, October 22nd
Morning 1800 block of West 5th Street
Morning 900 block of East Oltorf Street
Morning Braker Lane between Lamar Boulevard and I-35
Morning North Loop 360 from Lake Austin to Spicewood Springs Road

Although this list will not be comprehensive or specific as to exact location and time, it is being distributed to increase motorist's awareness of our enforcement activities. It is believed this increased awareness will lead to safer roadways through increased compliance with traffic laws.

All must sacrifice in the name of public safety.

Posted by drizzten at 05:18 PM | Permalink

News8Austin: Don't shop 'til you drop during Buycott

Joan Sclar gives new credence to the term "shop 'til you drop." But this Tuesday, she's giving the credit cards a break in order to help prove a point - that in more ways than one, women are a critical part of the economy.

Sclar is joining other women in support of "Buycott," a day in which creator Janet Hanson hopes women nationwide won't buy anything. Hansen belongs to 85 Broads, a network of female professionals who work for Wall Street banking giant Goldman Sachs.

"We're hoping that on October 19 women will chose that day not to buy any essential goods so they can reflect on their enormous purchasing power, which so far has not translated into economic power in the workplace," Hansen said.

1. There is no shortage of sexists who will treat men better than women.
   
2. Men and women are NOT equal in all respects.

Statistics show more than 80 percent of all purchases are either made or influenced by women. But less than 15 percent of top executives in Fortune 500 companies are female.

Buycott's critics worry that some of the businesses that could be hurt by the demonstration are owned by women. It could hurt women's businesses.

[...]

Hanson said Buycott is not about being economically hostile. It's about companies finding ways of thanking women who buy, by promoting more women who work for them.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 05:14 PM | Permalink

Following up from last time...

More places in Austin to avoid due to higher traffic cop presence:

Monday, October 11
Morning North MoPac at Town Lake to Far West Boulevard
Morning 4200 block of South I-35
Morning West Anderson Lane between Lamar Boulevard and Burnet Road
Afternoon Congress Avenue Bridge

Tuesday, October 12
Morning FM 2222
Morning 7100 to 7000 block of East Ben White Boulevard
Morning Davis Lane
Morning Grady Lane between Lamar Boulevard and I-35

Wednesday, October 13
Morning North MoPac at Town Lake to Far West Boulevard
Morning 3200 block of South Highway 183
Morning 8200 to 8800 block of Georgian Drive
Morning Southwest Parkway

Thursday, October 14
Morning North I-35 at Airport Boulevard to Rundberg Lane
Morning 100 to 600 block of Slaughter Lane
Morning 1200 to 1800 block of Kramer Lane
Afternoon Barton Springs

Friday, October 15
Morning Koenig Lane
Morning 8000 block of South Congress Avenue
Morning Braker Lane between Lamar Boulevard and I-35
Morning Manchaca Road

Although this list will not be comprehensive or specific as to exact location and time, it is being distributed to increase motorist’s awareness of our enforcement activities. It is believed this increased awareness will lead to safer roadways through increased compliance with traffic laws.

All must sacrifice in the name of public safety.

Posted by drizzten at 04:46 PM | Permalink

News8Austin: New agency to monitor illegal dumping sites

In Travis County alone there are more than 60 known chronic illegal dumping sites and possibly hundreds more that have yet to be found.

In an effort to address the problem, Travis County Commissioners are spending more than $350,000 on new and expanded criminal and civil environmental enforcement services.

A new staff of five will run the service: three in the county attorney's office and two others with the county's Natural Resources Program.

[...]

"The limitation here has been that there has been no one to investigate. Law enforcement is spread very thin in Travis County and so this will help look at the environmental issues," Director of Enforcement Kevin Morse with the Travis County Attorney's Office said.

The five new enforcement officers will watch for illegal dumping, as well as for air and water pollution. They will also issue permits.

Morse said those caught violating the law will have to pay, starting at $200 for a Class C misdemeanor.

Joyce Thoresen with the Walnut Place Neighborhood Association said her neighborhood could benefit from the county's efforts.

"It's our environment. It's our neighborhood. It's just real discouraging to see this kind of thing go unpunished," Thoresen said.

Don't make others pay for it. Don't make others responsible for maintaining it. Because, as you asserted, it is YOUR property.

"We're talking about the most serious of misdemeanors in the state of Texas. You're talking $100,000 fines for misdemeanors in water pollution crimes. So, we're talking a broad range of very stringent punishment," Morse said.

Travis County officials and affected residents hope the enforcement effort will discourage people and companies from committing crimes against the environment.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 09:48 AM | Permalink

News8Austin: Marathon voter registration rushes to beat deadline

Time is running out for non-registered voters wanting to vote in the Nov. 2 elections. Midnight Oct. 4 is the deadline to register.

So volunteers with Democracy for Texas put together a marathon effort to register voters.

They will stay near the intersection of Rio Grande and Seventh in downtown Austin until midnight Monday.

Jeff Manson and other volunteers hope their efforts will pay off with more voters and with a more politically-engaged public.

"A lot of people aren't registered and I think if they registered and they voted, I think our government would represent us better," Manson said.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Can't want till November 2nd has passed. The number of "civic duty" stories is becoming sick.

Posted by drizzten at 08:40 AM | Permalink

Damn it, I missed his show last night at UT's Hogg Auditorium. I had class at St. Edward's and couldn't get away. Anyone go? How did he do?

Posted by drizzten at 09:21 AM | Permalink

News8Austin: Police stop man with cache of weapons

Police claim they found not only a significant amount of methamphetamines, and Extascy, but also a lot of ammunition, including a 9 mm pistol tucked in his waistband, a .45-caliber pistol on his waist and a .38-caliber revolver strapped to his ankle.

Police say they also found a loaded shotgun and a disassembled SKS rifle in his car.

"I would have to conclude in my 27 years as a police officer having never seen anything quite like this on a single individual that we stopped this guy en route of doing something very bad. You don't carry these types of weapons and these numbers of weapons, just to have them on your person," Austin Police Department Cmdr. Harold Piatt said.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 12:38 PM | Permalink | Comments (3)

[Updates below.]

News8Austin: Austin City Council weighs tax and rate hikes

Austin property owners face a potential increase in their property taxes as well as hikes in utility rates and addtional fees to offset a city budget gap.

The city council will be considering these proposals this week as they spend the next several days finalizing the budget.

The city must close an almost $20 million budget gap.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

• 64.8% ($290.8 million) is for "public safety"
  Broken down (and I don't know why it doesn't add up):
  
  • $181.4 million for the Police Department
    
  • $94.2 million is for the Fire Department
    
  • $31.5 million is for EMS
  
  
• 13.7% ($61.4 million) is for "transfers and other"
  
• 6.2% ($27.8 million) is for "parks and recreation"
  
• 6.0% ($26.9 million) is for "public health"
  
• 3.8% ($17.0 million) is for "library"
  
• 2.7% ($12.1 million) is for watershed protection and development review"
  
• 2.0% ($8.9 million) is for "municipal court"
  
• 0.8% ($3.5 million) is for "neighborhood planning and zoning"

• $263.3 in taxes
  
• $28.5 million in franchise fees
  
• $16.9 million in fines, forfeitures, and penalties
  
• $14.5 million in licenses, permits, and inspections
  
• $22.5 million in general charges for service use
  
• $8.2 million in interest
  
• $94.9 million in transfer revenue from Austin Energy, etc.

Personally, assuming I would be allowed to just axe the whole damn city of it's funding and had to pick a few things to cut, here's what I'd slash:

• The aforementioned Parks & Recreation budget;
  
• the $17 million spent on public libraries;
  
• the $51 million spent on Health and Human Services;
  
• the $19 million spent on Neighborhood Housing and Community Development;
  
• the $3 million spent on Neighborhood Planning and Zoning.

As I did for the City of Austin's 2003-2004 budget priorities, I'll crudely recreate the 2004-2005 priorities here:

City of Austin, Texas
City Council Priorities
2004-05

Youth, Family, and
Neighborhood Vitality

Affordability

Again, not surprising "affordability" is last on the list.

UPDATE 9/15/2004 9:52am
News8Austin: Austin City Council approves new fiscal-year budget

The city of Austin has approved a $2 billion budget for the next fiscal year.

Posted by drizzten at 04:42 PM | Permalink

Associated Press via ABCNews: You Can Steal From City Hall

You may not be able to fight city hall, but you can steal from it at least for awhile.

John David Woods has been sentenced to 40 years in prison for stealing more than $100,000 from 24 city halls across Texas to pay off Internet gambling debts.

Prosecutors said Woods, 34, had developed a system during the three-year string of thefts: He would rent a car, drive to another town, sneak into the city hall and take all the money he could find.

"He said he felt like it wasn't stealing from people because it was money possessed by the city," Williamson County District Attorney John Bradley said.

Copyright 2004 The Associated Press. All rights reserved.

The City = the individuals that reside within it

The City's Money = the money taken via taxes and given via fees from the individuals that reside within it

Posted by drizzten at 01:51 PM | Permalink

News8Austin: Lockhart's no longer dry

Hard to imagine Prohibition still lived over there until last May.

Posted by drizzten at 01:43 PM | Permalink

[Updates below.]

Man, did the Committee for Austin's Children ever pick the wrong guy to send this mailing to!

Consider this a parent-teacher conference.

Education Austin, the association that represents over 4,000 teachers, counselors, and education professionals, has endorsed the AISD bonds.

These are Austin teachers and educational professionals who work first hand with our children... who go to work day-in and day-out at schools that are in need of repair... and who know from experience what it takes to improve and protect their educational environment.

When Education Austin endorsed all six of the AISD Bonds, they endorsed a year-long review conducted by a broad base of citizens that uncovered the need for:

• A security upgrade for every school
  
• Relief for overcrowded schools that are operating near or above 125% of capacity
  
• Basic repairs to protect taxpayer investments - including new roofs, new doors, window replacements and electrical upgrades
  
• A healthier and more environmental friendly learning atmosphere - with low-emission buses, reflecting roofs, and new high-efficiency heating and air conditioning units

The teachers and education professionals who make up Education Austin are also homeowners - and they appreciate that by prioritizing projects based on highest need, the AISD Bonds are respecting taxpayers too.

ALSO ENDORSED BY:
Kirk Watson
Gus Garcia
Ann Richards
Texas Environmental Democrats
Austin American-Statesman
Austin Council of PTAs

Proposition 1:
Addresses overcrowding in schools by providing funds to build new schools, buy land for new schools, and expand existing facilities. [$183,698,064]

Proposition 2:
Protects our existing investment in buildings by installing new roofs, new HVAC systems and funding new environmental and energy conservation measures that will save the district badly needed operating funds. [$201,103,971]

Proposition 3:
Provides for the health and safety of all our children and funds new low emission buses. [$53,899,309]

Proposition 4:
Protects our investment in existing athletic facilities, provides safer athletic facilities for all children, equal dressing rooms for boys and girls and improvements to facilities that share costs between the city and school district. [$12,830,510]

Proposition 5:
Provides for a new Middle School in Southwest Austin where existing facilities are near or above 125% of capacity. The site for this school is not over the Edwards recharge zone, and all plans comply with Austin's stringent SOS ordinance. This proposition allows the district to leverage private funds to provide a new Performing Arts Center for use by all students in the district. If, and only if, citizens raise private funds to cover half the cost of the new Center, the bond money will be used to provide the other half of the cost. [$44,599,762]

Proposition 6:
Creates funds for classroom teacher pay-raises by refinancing short-term district debt through longer-term bonds just as homeowners can refinance high interest debt through their mortgage. [$23,495,000]

Continuing Accountability
If voters approve the bond package, a citizen oversight committee will monitor the progress of all projects. Furthermore, bond money can't be spent on projects other than those approved by the voters without a public process including public hearings.

Cost of the Bonds
If voters approve the bond package, a homeowner with a median valued home will pay an additional $6 a month in school property taxes. Even with this small increase, AISD will have the lowest tax rate of any school district in this area.

Under state law, homeowners over 65 years of age are exempt from any tax increase due to the bonds.

I think education should be completely privatized and left to individuals, so there isn't anything in this bond package I like. Every one of the school financing problems public schools face are a direct result of the nature of the public school system. Since it can't (or won't, or rarely) directly charge the people using its services, it has to rely on taxes and fund raising such as bonds and bake sales. I say taxes are theft and bonds are no different. Bake sales, on the other hand, I like. Students often have great cooks as mothers, but more importantly, the bake sale is fundamentally voluntary and respects individuals even though the money raised goes towards a collectivist enterprise.

Since it can't (or won't, or rarely) turn away children in its district, it is forced to take on more capacity than can be planned for.

Education Code, CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE, SUBCHAPTER A. ADMISSION AND ENROLLMENT

§ 25.001. ADMISSION. (a) A person who is at least five years of age and under 21 years of age on the first day of September of any school year is entitled to the benefits of the available school fund for that year. Any other person enrolled in a prekindergarten class under Section 29.153 is entitled to the benefits of the available school fund.
(b) The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age on the first day of September of the school year in which admission is sought if:

• (1) the person and either parent of the person reside in the school district;
  
• (2) the person does not reside in the school district but a parent of the person resides in the school district and that parent is a joint managing conservator or the sole managing conservator or possessory conservator of the person;
  
• (3) the person and the person's guardian or other person having lawful control of the person under a court order reside within the school district;
  
• (4) the person has established a separate residence under Subsection (d);
  
• (5) the person is homeless, as defined by 42 U.S.C. Section 11302, regardless of the residence of the person, of either parent of the person, or of the person's guardian or other person having lawful control of the person;
  
• (6) the person is a foreign exchange student placed with a host family that resides in the school district by a nationally recognized foreign exchange program, unless the school district has applied for and been granted a waiver by the commissioner under Subsection (e);
  
• (7) the person resides at a residential facility located in the district; or
  
• (8) the person resides in the school district and is 18 years of age or older or the person's disabilities of minority have been removed.

Truancy laws (such as found in § 25.085, § 25.086, and § 25.094) require children to be in school, making this problem even worse. It can't be ignored that the school system now functions as both a place of learning and a place of childcare for working parents.

Many would argue that I may have a point, but we can't abandon our children now by not funding schools. First of all, I don't have any kids in Austin Independent School District. In don't have any kids at all. This is certainly the case for hundreds of other Austin residents who are forced to pay for the educations of others. Who knows if I'll have children, when that might happen, and where I decide to raise them? I don't plan on living in Austin my whole life, so any of this "investment" (honest investments aren't made under the threat of being locked up or fined) isn't likely to benefit myself or my family.

But what about an educated population? Isn't that something worth fighting for? Sure, but not when you are literally fighting against me and others who want to deal with education as an individual matter. This argument assumes a fully private system of learning would leave too great a portion of people without a formal education. Not so, I counter. The desires of businessmen to earn money and the desires of parents would drive the two together and create various levels of education services. Some entrepreneurs might want to focus on low-cost solutions for the poor that are partially supported by charity. Some might want to focus on high-quality solutions for the rich. Some could take the harder route and offer a high-quality education at a low price...which is exactly what most people want in everything they buy. Market forces would drive towards the best outcome for most people. Certainly there will be those who can't afford it, just like there are people who cannot afford cars or their own home.

But that doesn't mean they have the right to get a third party (the government) to stick a gun in my face and demand I pay up in order to cover their education bill. That's robbery by proxy. No less disgusting are the arguments that this is only a tiny bit of extra taxation from each of us and it shouldn't matter; I'm being too greedy and too heartless. Well, it isn't greed to want to hold on to what I've earned. And it isn't heartless at all to want to see the end of something that has contributed to the overall dumbing-down of this country over the last century. Consult the studies: public education sucks at educating the public at worst and does a lame job at best. Those who squeak through do so because they are determined and have greater ability.

Horribly, Texas seeks to provide an "adequate" education to all. Fuck that, I don't want people (certainly not my future children) to have "adequate" educations, I want them to be intelligent critical thinkers. You can't accomplish that unless you spend such vast amounts of money as to drive everyone outside the state due to the tax burden. Even then, the relationship between quality education and money spent in a public school system to achieve it isn't as simple as it is often assumed to be.

So, yeah. The Committee for Austin's Children is barking up the wrong tree here. I won't participate in the further looting of other people's pockets.

UPDATE 9/13/2004 3:10pm
Not unexpectedly, all six bonds passed:

Austin voters passed a $519.5 million school bond package for AISD on Saturday – the district’s largest ever.

[...]

Proposition 1 will cost $183.6 million. It will provide relief for overcrowded schools by building six elementary schools and one middle school. It also buys land for two future middle schools in South Austin. It passed 72 percent to 28 percent.

At $201.1 million, Proposition 2 is the most expensive. It calls for renovations to campuses and district facilities. $13.5 million of that is earmarked to purchase new technology. It passed 74 percent to 26 percent.

Proposition 3 is worth $53.9 million and will improve safety and environmental standards like security systems and low-emission buses. It passed 73 percent to 27 percent.

Proposition 4 is $12.8 million for athletic and physical education facilities and programs. It passed 68 percent to 32 percent.

Proposition 5 calls for $44.6 million to partially fund a performing arts center – it purchases the site. It also builds a new middle school for the rapidly growing Southwest Austin. It passed 61 percent to 39 percent.

Proposition 6 is worth $23.5 to refinance contract obligations and clear up money for teacher pay raises. It passed 70 percent to 30 percent.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 11:11 AM | Permalink

[Updates below.]

APD TRAFFIC ENFORCEMENT LOCATIONS

Traffic safety is a major focus of the Austin Police Department and a substantial amount of resources is committed to traffic safety improvements and traffic enforcement. Traffic enforcement is a primary function of APD motor units and one of the main functions of patrol officers. In addition, APD schedules officers each week on overtime, funded by grants, to enforce traffic laws.

Now I know why. They're being quite up front about it.

The goal of traffic enforcement is to increase citizen's voluntary compliance with traffic laws. In furtherance of this goal, APD will now publish a weekly list of traffic enforcement locations. Although this list will not be comprehensive or specific as to exact location and time, it is being distributed to increase motorist's awareness of our enforcement activities. It is believed this increased awareness will lead to safer roadways through increased compliance with traffic laws.

Don't get me wrong. I want to drive on roads that have reasonable rules the drivers are asked to follow. However, I don't want the government owning those roads and setting the rules for them. Not when it has the power to impose fines and mandatory duties for the simple act of doing 85 in a 60 zone. Not when the state can screw you by taking away your license to drive and toss your ass in jail if you piss it off.

Here is the list for this week. I'll post it as a warning when it comes out in the future.

AVOID THESE PLACES:

1. Monday, September 6th
   
   • Morning -- FM 2222
     
   • Morning -- 1500 block of Rio Grande Street
     
   • Morning -- 2600 to 3200 blocks of Steck Avenue
     
   • Morning -- West Slaughter Lane
   
   
2. Tuesday, September 7th
   
   • Morning -- 2700 block of Metcalf Road
     
   • Morning -- North Mopac from Town Lake to Far West Boulevard
     
   • Morning -- 800 to 1000 blocks of West Cesar Chavez Street
     
   • Morning -- 1100 block of Kramer Lane
   
   
3. Wednesday, September 8th
   
   • Morning -- 1900 block of Willow Creek Drive
     
   • Morning -- FM 2222
     
   • Morning -- 2400 to 2500 blocks of Red River Street
     
   • Morning -- 1700 block of Rutland Drive
   
   
4. Thursday, September 9th
   
   • Morning -- 700 to 900 blocks of Montopolis Drive
     
   • Morning -- North Mopac from Town Lake to Far West Boulevard
     
   • Morning -- 1800 block of West 5th Street
     
   • Morning -- 1200 block of Payton Gin Road
   
   
5. Friday, September 10th
   
   • Morning -- 900 block of East Oltorf Street
     
   • Morning -- North Loop 360 from Town Lake to Spicewood Springs
     
   • Morning -- 1700 block of West Cesar Chavez Street
     
   • Morning -- Braker Lane from Metric Boulevard to North Lamar Boulevard

Posted by drizzten at 09:16 AM | Permalink | Comments (1)

[Updates below.]

News8Austin: 2 days wasted in traffic

Austin drivers hit the worst traffic in the nation, among medium sized cities.

A new report from the Texas Transportation Institute shows
Americans waste 3.5 billion hours a year waiting in traffic.

The report covers 20 years from 1982 to 2002.

The average urban traveler was stuck in road traffic 46 hours a year in 2002, a 187 percent increase over two decades.

[...]

Rush hour delays cost Austin drivers 49 hours in commute time in 2002; that was up from 11 hours in 1982. Austin was followed by Charlotte, N.C./S.C. at 45 hours; Nashville, Tenn. at 41 hours; Louisville, Ky. at 38.

The report makes several suggestions to ease congestion: cities should plan more road and public transportation projects, make better use of current facilities and find ways to use land that reduce the effects of growth.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

The only way to make a transportation system traffic-sane is to charge various fees for using the system and charge them directly up front so they aren't hidden within your tax bill. That means toll roads or yearly access passes with the money going towards companies that completely own and operate those roads with as much independence as any other business. The economics vary according to each owner's desires, but the basic idea is that you charge higher prices during peak hours. That way, only the people who really need to be on the roads will use them and everyone else will find alternatives. This reduces traffic load and pays for itself, because you can charge lower prices during non-peak hours. It is a perfect example of voluntary and rational resource allocation amongst a population.

But don't expect anyone to touch it with a ten-foot pole. Especially not in this city.

UPDATED 7/10/2006 11:15am
Ben Wear's Wily Hunt for Truth and the TxTag

Posted by drizzten at 08:51 AM | Permalink | Comments (3)

News8Austin: Blocked sewer shuts down campus streets

The area of 36th and San Pedro streets was invaded by city crews and emergency workers early Thursday afternoon.

Initially police responded to the call of a child stuck in a sewer line near The University of Texas campus. As crews continued to work the situation was changed to "an object stuck in the line."

By 4 p.m. crews learned that the item stuck in the sewer was approximately a 12-week old previable fetus. The investigators were unable to recover the fetus. They were hoping to examine it for forensic evidence.

But police do not suspect any foul play. They say it's common for a miscarried fetus to be lost in sewer lines because unknowing mothers can "pass" the fetus without knowing it.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 09:26 AM | Permalink

Austin-American Statesman: Costco likely on its way to Southwest Austin (Link will rot)

Barring any last-minute developments, Costco Wholesale Corp. is going where Lowe's and Wal-Mart of late have failed to tread: the Edwards Aquifer recharge zone.

This week, the Austin City Council will consider final approval of a development that would put a 153,000-square-foot Costco store on William Cannon Drive at MoPac Boulevard (Loop 1), near areas where neighborhoods successfully fought two other big-box projects in the past year.

Neighbors and several council members say this project is different because it protects the site's 72 acres from further big-box development and enacts strict environmental controls.

[...]

But some people, including members of the Save Our Springs Alliance and Council Member Brewster McCracken, aren't convinced. They say the project, known as the Southwest Marketplace retail center, is too large, would worsen traffic congestion and would defeat the spirit of a ban on big-box retail enacted by the council late last year.

"This proposal violates every planning effort in this community in the last quarter-century," McCracken said Thursday. "I cannot vote for a plan that will massively increase traffic on MoPac."

Copyright 2001-2004 Cox Texas Newspapers, L.P. All rights reserved.

I was sick of this shit in the past (Austin Bans "Big Boxes" Over Edwards Aquifer, Another Victim of Democracy, Walgreens, South Austin, and Zoning Regs) and I'm sick of it now. What is it with some people and their unerring desire to rule the lives of others? Why do they think that their rule is legitimate?

A neighborhood association has every right to be concerned about the impact of business development in its area. It does not have the right to block those businesses' legitimate purchase and usage of that land.

Posted by drizzten at 09:56 AM | Permalink | Comments (2)

News8Austin: Boot store faces neighborhood opposition to expansion

Allen's Boots has been in the same building on South Congress for almost 30 years. The larger than life Justin® boot is a landmark to many.

Now, owner Jim Bennett wants to expand. An extension to the back of the building would provide needed storage space, but there's one problem.

Austin's Board of Adjustment said the store will also have to add 10 more parking spots to be in compliance with city regulations. Any time a business expands square footage, it must also add addition parking.

"It's not going to create additional floor space, which is not going to create additional sales, which is not going to create additional parking demand," Bennett said.

No new business means no new traffic. So, Allen's requested a variance to keep the 12 spots it currently has, but the board rejected it.

The Bouldin Creek Neighborhood Association (BCNA) supports the board's decision. Members say they worry about potential redevelopment at the site if the store closes.

"The variance in zoning doesn't go with Allen's; it goes with the building,” Cory Walton of BCNA said.

South Congress is an in demand area these days, and parking often overflows into neighborhoods.

Bouldin Creek residents say it's time businesses take responsibility.

When you live in an area like South Congress, you fucking damn well better know you're going to get - along with a cool location and unique atmosphere - growth problems. If you don't like it, don't bitch and moan and force businesses to comply with your demands. Reach an agreement voluntarily with the businesses, shut up and endure it, or move.

“With the storage space he wants, he's got other options. He can put it in rental storage space like the rest of residents do when our houses are too small. He could build a second story on top of his building," Walton said.

Allen's has requested the board reconsider its decision. Walton hopes it won't.

"Allen's has options, the neighborhood doesn't," he said.

The Board of Adjustment will decide whether to reconsider Allen's variance request on Sept. 23.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 09:38 AM | Permalink | Comments (2)

Austin-American Statesman: Money for bike trails tied up in Congress

East Austin's fledgling system of bike and pedestrian trails received the promise of a $9 million boost Tuesday, but for now that potential federal grant remains something short of money in the bank.

U.S. Rep. Lloyd Doggett, D-Austin, engaged in a campaign to represent a redrawn district stretching from Travis County to the Rio Grande Valley, announced that the House version of the pending federal transportation funding bill contains a $9 million "earmark" he inserted for East Austin trails. That money would go primarily to build planned trails along Walnut Creek and Boggy Creek, make connections to the proposed Lance Armstrong Bikeway's eastern end near the Colorado River and close gaps in the county trail system in southeast Travis County.

"We have a very big, very aggressive bicycle plan for Austin," said Austin Mayor Will Wynn at a news conference to announce the possible federal help. "The tough part is how are we going to fund it and get there sooner rather than later. I promise you, a $9 million appropriation like this is a huge step."

Copyright 2001-2004 Cox Texas Newspapers, L.P. All rights reserved.

Bike trails! Jesus Christ. I hate politicians.

Austin has a Bike Plan, didja know? I live in Sector A-2 and yet I derive no benefit from these and other routes because I don't own a bike. So through local taxes, others are forced to provide for others.

Posted by drizzten at 04:45 PM | Permalink

You closed the turnaround under 183 at the Burnet intersection!

The south to north turnaround at Burnet Rd. will be closed until further notice.

But that's not the real bad news. That shit is temporary.

What really sucks is one of the features of the new construction: the addition of a long curb separating the turnaround lane from the rest of the traffic on the other side of Research Blvd. Before, if you had the balls, you could take the turnaround and then cut over to the Exxon station and the other businesses across from the turnaround. Now, that's all over with. The same daring maneuver can now be performed at the earliest for the Gold's Gym, but by that time most of the traffic has accelerated to merge on 183 South or MOPAC.

The only consolation I could get out of this is if the construction resulted in a nice banked turnaround so we could keep up our speed and merge easier. Doesn't look like it'll happen from what I've seen of the construction. Our tax dollars at work and another example of the emptiness of the common idea that "the people" own property through the government. I'm a person and I think the old turnaround worked fine.

Posted by drizzten at 05:00 PM | Permalink

[Updates below.]

News8Austin: Top law firms not diverse enough, study says

Most of the top law firms in town employ fewer minorities than the state average, a new study reports.

Of the 25 biggest firms, three had staffs that were at least 14 percent minority, according to an annual minority hiring report card put out by the local chapter of the Hispanic Bar Association and the Austin Black Lawyers Association.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Apparently, 14% of lawyers in Texas are minorities. Firms that at least match that percentage are graded 'A'. Firms that reach 6.5% or lower are graded 'F'. The law firms and their grades are:

1. A, Locke Liddell - 20.9% of 43 attorneys
   
2. A, Bickerstaff, Heath, Smiley - 16.1% of 31 attorneys
   
3. A+, Andrews Kurth - 15.6% of 32 attorneys
   
4. A, Winstead Sechrest - 14.3% of 42 attorneys
   
5. B, Gray Cary - 13.8% of 29 attorneys
   
6. B, Bracewell & Patterson - 13% of 23 attorneys
   
7. B, Baker Botts - 12.7% of 55 attorneys
   
8. B+, Thompson & Knight - 12.5% of 16 attorneys
   
9. B-, Wilson Sonsini - 12.5% of 24 attorneys
   
10. B-, Haynes and Boone - 12.5% of 24 attorneys
    
11. B, Clark Thomas - 12.4% of 113 attorneys
    
12. B, Brown McCarroll - 12.3% of 106 attorneys
    
13. B, Fulbright & Jaworski - 11.8% of 85 attorneys
    
14. C-, Hughes & Luce - 11.1% of 18 attorneys
    
15. C+, Jenkens & Gilchrist - 10.3% of 29 attorneys
    
16. C, Davis & Wilkerson - 10.3% of 29 attorneys
    
17. C, Strasburger & Price - 10% of 20 attorneys
    
18. D, Jackson Walker - 8.9% of 56 attorneys
    
19. D, Vinson & Elkins - 8.7% of 92 attorneys
    
20. D, McGinnis, Lochkridge - 8.2% of 62 attorneys
    
21. D-, Lloyd, Gosselink - 6.5% of 31 attorneys
    
22. F, Akin Gump - 5.6% of 54 attorneys
    
23. F, Scott, Douglass - 5% of 40 attorneys
    
24. F, Graves, Dougherty - 3.4% of 59 attorneys
    
25. F, DuBois, Bryant - 0% of 18 attorneys

I really dislike these kinds of things.

They assume that the ideal is the average, something any thinking person should view with horror. The ideal should have nothing to do with race, background, gender, religion, etc. The ideal should have everything to do with excellence in capability, performance, and achievement. Any business that takes on the goal of accurately representing some local, state, or national average in demographics is a business that isn't taking its job seriously.

Making a public comparison of business activities is fine. People should be free to do so and discuss the results. But publicly pressuring businesses to change their hiring habits to accommodate more hispanics, blacks, women, gays, or whatever just to boost their numbers to the average tells me they think symbolism is more important than reality.

It exhibits the general tendency these days for pressure groups to want to exert control over private property and collectivize the business process. No one outside of the business knows what's right for the business; even fewer inside the business can discriminate among what is needed, what's wanted, and what would be nice to have. Picking the state bar's average is as arbitrary as picking 15%, 20%, or 50%. It doesn't represent reality; it represents a quick feel-good resolution that looks good in the news and the eyes of benefactors and supporters.

As individuals, we are all different in a variety of ways. I'm willing to grant that your racial makeup can be responsible for some of them. More likely, the social environments you've lived in make a bigger impact. Grandly assuming all or most hispanics are the same and bring the same benefits or experience with them is a racist mindset that ignores individual circumstances and abilities.

If I ever need a lawyer, I'd want the best my money can get from a reputable company that is ethical. It's racial makeup is utterly unimportant.

UPDATE(8/5/2004 12:15pm)
More of this silliness from the Chicago Tribune via Yahoo!: Minority journalists cite lack of diversity

A study released Wednesday by Unity, a coalition of minority journalists, found that 60 out of 574, or roughly 10 percent, of Washington newspaper reporters and editors are non-white, compared with 30.9 percent of the U.S. population.

"There is no justification for any media company to staff its bureau in Washington, D.C., without people of color," said Ernest Sotomayor, president of Unity and Long Island editor for Newsday.com in New York. Newsday.com is owned by Tribune Co., which also owns the Chicago Tribune.

Carl Leubsdorf, Washington bureau chief of the Dallas Morning News, which has no minority reporters in Washington, said his newspaper's hiring is based on a reporter's qualifications and not skin color, but agreed that diversity is an important component of a newsroom.

"You should not have a uniform staff, whether it is politically, or by sex, by race, by anything," Leubsdorf said.

Copyright © 2004 Chicago Tribune
Copyright © 2004 Yahoo! Inc. All rights reserved.

Posted by drizzten at 03:55 PM | Permalink

News8Austin via the AP: Schlotzsky's files for bankruptcy protection

The Schlotzsky's sandwich shop chain filed for Chapter 11 bankruptcy protection from its creditors on Tuesday. The Austin-based chain says it filed its voluntary petition for protection in a federal bankruptcy court in San Antonio.

It reported assets of more than $111 million against liabilities of about $72 million. But it said almost $65 million of its assets are intangible.

Copyright 2004 Associated Press, All rights reserved.

Schlotzsky's, Inc. (NASDAQ: BUNZ) today filed for voluntary Chapter 11 protection in U.S. Bankruptcy Court in San Antonio, Texas. The Company reported liabilities of approximately $71.3 million and assets of approximately $111.7 million, including approximately $64.8 million of intangible assets, according to the court filing. The Company reported a net loss of $11.7 million in 2003, compared to a net loss of $199,000 in 2002, and a net loss of $671,000 in the first quarter of 2004.

"Today we have taken an important step toward creating a stronger Schlotzsky's," said Sam Coats, Schlotzsky's President and Chief Executive Officer. "It became apparent to our Board that this action was necessary to protect Schlotzsky's from millions of dollars in claims, judgments, and debts accumulated during the past few years, while enabling us to restructure the Company. I believe the actions taken by the Board took great courage and are clearly in the best interest of the Company."

I do like the new wraps. The free Net access has also come in handy.

Over 95 percent of the restaurants in the Schlotzsky's system are franchisee-operated. At present there are 471 domestic franchisee-operated restaurants, 21 international franchisee-operated restaurants, and 21 Company-operated restaurants. Coats said that both franchisee-operated restaurants and company-operated restaurants are expected to continue normal operations during Schlotzsky's financial restructuring. "Our customers should not notice any changes in our great Schlotzsky's products as a result of today's court action," he said. Schlotzsky's closed 15 unprofitable Company-operated restaurants during the month of July, reducing its Company-operated restaurants by over 40 percent.

The Company will request that the bankruptcy court issue a sale order that would allow Schlotzsky's to sell nine pieces of real estate to Westdale Asset Management, Ltd., an affiliate of the Company's largest shareholder, for approximately $3.4 million. With this sale, the Company would have an additional source of liquidity for its operations over the next few months.

"Schlotzsky's has taken a number of steps during recent months to reduce expenses, decrease overhead and improve the Company's cash position," said Coats. "Unfortunately, the situation in which we found ourselves made it impossible to go forward without a formal reorganization. We believe that by taking this action, we can restructure our financial obligations, obtain new financial resources, and emerge from this proceeding as a stronger company."

In addition to the bankruptcy filing, Schlotzsky's reported that it has eliminated 15 positions. Four of those eliminated were currently unfilled positions. Of the remaining 11, approximately half were located in the corporate headquarters and half were in the field.

The case number for Schlotzsky's filing with the U.S. Bankruptcy Court for the Western District of Texas and further information will be available online at http://www.haynesboone.com/schlotzskys.

Posted by drizzten at 02:35 PM | Permalink | Comments (1)

News8Austin: Spaghetti Warehouse, county clerk named in lawsuit

Some disability groups demonstrated outside The Spaghetti Warehouse in Downtown Austin on Monday. They've filed lawsuits against 14 Texas businesses and government offices.

That number corresponds to the 14th anniversary of the Americans With Disabilities Act. The Texas Civil Rights Project said it's suing companies to force them to live up to the law, which makes it mandatory to provide access for the disabled.

"We're here at Spaghetti Warehouse because even though they put a ramp in, this landing down there is unusable. People in wheelchairs get stuck. In fact, one person in a wheelchair fell out and was on the ground for 20 minutes before somebody helped her up," Jim Harrington, with the Texas Civil Rights Project, said.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

This is the slow strangulation death of property rights in this country and I see no end in sight. They don't care if this means business owners have more paperwork to complete, more regulations to comply with, and more legal fees to spend. They don't care the resources diverted to deal with those things mean fewer resources to conduct business. And they certainly don't care about being the master of your own land.

The advocates of this kind of law want you to bend to their will. Does that sound like something you want? Does it even sound right?

Posted by drizzten at 01:35 PM | Permalink

[Updates below.]

• Reuters July 22, 2004: Ruthless Armstrong Wins 17th Stage

  A ruthless Lance Armstrong refused to allow his rivals a consolation stage victory as he came from behind to outsprint German Andreas Kloeden in the last few meters of the 127-mile 17th stage of the Tour de France Thursday.

  [...]

  The U.S. Postal team leader, impressive in his time-trial at l'Alpe d'Huez Wednesday, could have been expected to let his rivals grab a consolation victory in the race's last mountain stage.

  However, he refused to allow them the satisfaction and rode down Kloeden in the final meters to seal the 20th individual stage victory of his career, adding to two team time trial victories.

  "No gifts this year for stage wins," said the American. "The Tour is too special for me. My condition is super and like everybody saw, the team was unbelievable today, they controlled everything. I had no problems," he added.

  [...]

  The only other rider left with a chance to shine Thursday was France's Richard Virenque, who took advantage of the five climbs to secure a record seventh King of the Mountains jersey.

  The last climb, the Croix de Fry, looked like a lap of honor for the 2004 Tour, with the top-four riders overall -- Armstrong, Basso, Kloeden and Ullrich -- in front, with Armstrong's team mate Floyd Landis opening the way for them.

  Armstrong obviously wanted Landis to win but they were taken off guard when Kloeden surged in the last 1,968 feet but Armstrong refused to allow the German the victory and mercilessly rode him down in the final few meters.

  Copyright 2004 Reuters News Service. All rights reserved.

Just what the hell is Francois Thomazeau, the author of this article, trying to say with this terminology? This doesn't seem to be an isolated occurrence. Other instances of this usage of aggressive words:

• Reuters June 23, 2004: Armstrong Believes Dream of Sixth Win Can Come True

  By conquering France every July since 1999, Lance Armstrong has adopted as his own the French maxim that "impossible is not French."

• Reuters July 16, 2004: Armstrong Throws Down the Gauntlet

  Lance Armstrong grabbed the Tour de France by the scruff of the neck Friday, outlasting his main rivals and charging from sixth into second place overall.

• Reuters July 17, 2004: Armstrong Wins Tour Stage as Rivals Crack

  Lance Armstrong's relentless pursuit of a record sixth Tour de France title gathered pace on Saturday as his main rivals cracked.

  Armstrong produced a devastating surge up the final 15.9 km climb of stage 13 to snatch victory from Italian Ivan Basso -- a neat reversal of Friday's finish at La Mongie.

  Basso, who has emerged as the U.S. Postal rider's main rival, was handed victory the previous day but this time the five-times winner was not in such a generous mood as he repeated his stage victory here in 2002.

  
  
• Reuters 20 July, 2004: Exhausted Mayo quits Tour

  Mayo had beaten Armstrong to win the eight-day Dauphine Libere event in June but his Tour hopes took a major blow as early as the third stage when he was involved in a pile-up which cost him almost four minutes.

  Armstrong, on course to win a record sixth Tour de France, then crushed him by a massive 37 minutes and 40 seconds when the American won the 13th stage.

  
  
• Reuters July 21, 2004: Armstrong Destroys Basso to Win Time Trial

  Lance Armstrong seized complete control of the Tour de France on Wednesday with an awesome display of power cycling to win the 9.6-mile individual time trial.

  The American, bidding for a record sixth overall Tour victory, blasted round the 21 hairpins on the twisting climb to the Alpine ski resort in 39 minutes 41.47 seconds to annihilate his nearest rival Ivan Basso.

  
  
• Reuters July 22, 2004: I Am Not the New Cannibal, Says Armstrong

  For Lance Armstrong, the time for giving on the Tour de France is over.

  [...]

  Armstrong said another five times Tour champion, Bernard Hinault, had congratulated him for the lack of generosity shown to his rivals on the 127-mile 17th stage.

  "When I went to the podium, Hinault met me at the top of the steps and said: 'Perfect. No gifts," Armstrong said.

  Frenchman Hinault, another merciless boss of the bunch, won 28 stages on the Tour.

  "I've given gifts in the Tour before and I've never been paid back. The Tour is too special to me. It means more than any other race," Armstrong said.

  
  
• Independent Online July 21 2004: L'Alpe d'Huez time trial not safe - Armstrong

  The storming American dealt a potentially decisive blow to his rivals as he won the 15.5km time trial in 39 minutes 41.45 seconds - more than a minute quicker than the next fastest rider Jan Ullrich.

Perhaps Mr. Thomazeau just likes describing tough cycling in this way, cycling so obviously authoritative. I won't discount that out of hand as it's entirely possible. I haven't checked to see what he writes in regards to other Tours de France or other sporting events he may have covered.

That first article just jumped out at me, though. Especially the parts about letting Mr. Armstrong's rivals get in a feel-good win. Of course he shouldn't do it. Success is something to attain, to earn, and to cherish. Not to give away.

UPDATE(7/28/2004 5:02pm)
Slate has a round-up of a few of the things the international press has been saying about Mr. Armstrong: Tour De Lance - The international press snipes at America's superhero

Posted by drizzten at 02:29 PM | Permalink | Comments (6)

News8Austin: Local DJ arrested for hoax

The Austin Police Department arrested a local radio disc jockey for pulling a stunt that got him charged with making a terroristic threat.

Dan Chappell, a DJ for KISS 96.7 FM radio, known on the air as Lunchbox, wore a stocking cap over his head when he walked into the Everytime Food Mart at 2105 South Congress.

As part of the hoax, he bought a pack of gum and left the store.

The employee at the food mart called the police, not knowing that the stocking cap stunt was a hoax for the radio station.

KISS FM has suspended Chappell and another DJ for the stunt.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

A local radio disc jockey is out of jail Wednesday night after being arrested for a radio stunt gone bad.

Twenty-two-year-old Daniel Chappell, also known as Lunch Box on the 96.7 KISS FM morning show, is charged with making a terroristic threat.

Around 8:30 a.m. Wednesday, police say Chappell walked into a South Congress convenience store with panty hose over his head.

The clerk says he felt threatened and thought the man was going to rob him so he set off a silent alarm.

Police responded and later found out it was all a radio stunt for the KISS FM Bobby Bones Show. The purpose, according to Chappell, was to capture how people would react to being robbed.

The reactions would be played on the air as entertainment, but police say that's not entertainment, that's a crime.

"Especially when we've had an increase of robberies this year. We take this very seriously. We've had robberies previously that match this type of method -- individuals robbing with stockings on their head," Austin Police Department Spokesman Kevin Buchman said.

Chappell did not verbally threaten the clerk. He bought a pack of gum and left. Police say because the clerk felt threatened and thought his life was in danger, they have charged Chappell with a terroristic threat. That's a Class B misdemeanor.

Chappell and Bobby Bones have been suspended indefinitely from the show pending an internal review by the radio station.

All content © Copyright 2000 - 2004 WorldNow and KXAN. All Rights Reserved.

§ 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;

• (2) place any person in fear of imminent serious bodily injury;
  
• (3) prevent or interrupt the occupation or use of a building; room; place of assembly; place to which the public has access; place of employment or occupation; aircraft, automobile, or other form of conveyance; or other public place;
  
• (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
  
• (5) place the public or a substantial group of the public in fear of serious bodily injury; or
  
• (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

(b) An offense under Subdivision (1) or (2) of Subsection (a) is a Class B misdemeanor, except that an offense under Subdivision (2) of Subsection (a) is a Class A misdemeanor if the offense is committed against a member of the person's family or household or otherwise constitutes family violence or if the offense is committed against a public servant. An offense under Subdivision (3) of Subsection (a) is a Class A misdemeanor. An offense under Subdivision (4), (5), or (6) of Subsection (a) is a felony of the third degree.

(b) An offense under Subdivision (1) or (2) of Subsection (a) is a Class B misdemeanor. An offense under Subdivision (3) of Subsection (a) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. An offense under Subdivision (4), (5), or (6) of Subsection (a) is a felony of the third degree.

(c) In this section:
(1) "Family" has the meaning assigned by Section 71.003, Family Code.

• (2) "Family violence" has the meaning assigned by Section 71.004, Family Code.
  
• (3) "Household" has the meaning assigned by Section 71.005, Family Code.

(c) The amount of pecuniary loss under Subsection (b) is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance.

Here are my problems.

According to what I know (I also saw a local TV news spot on this last night), Mr. Chappell didn't actually threaten the clerk when in the store. If he had concretely threatened the clerk, the law might make more sense. Wearing pantyhose over your head, walking into a store to buy gum, and leaving injures no one's rights or property. It certainly would make many people uncomfortable, particularly those who work in retail. That, however, shouldn't be against the law. Mr. Chappell now faces a fine no greater than $2,000 as well as jail time no greater than 180 days for breaking no rights and for damaging no property.

He certainly did a mean thing to the clerk. He was on the news last night and was quite adamant about the danger he felt. He said he pictured his family and wondered if he'd see them again. Pranks aren't always funny for everyone involved. It's certainly uncivilized, I agree, but why outlaw frightening someone with violence, especially violence that doesn't occur and is later revealed to be a hoax?

This law allows the cops to lock up and fine someone for scaring someone else on the assumption that appearing as a threat constitutes an actual threat. The legal language hurdle ("threaten to commit any offense involving violence to any person or property with...intent to place any person in fear of imminent serious bodily injury") is fairly steep, but still represents a fundamental break with causality. A threat is not violence or aggression and those are the only things that should be illegal. It could be described as coercion and I'm willing to have that angle open for discussion.

If I walk up to someone and tell them I'm about to kill them, and then walk off, I may have shaken the person to their bones but nothing was done. The person can continue on, unharmed. To claim what I did was morally wrong would imply that people have a right not to be deeply upset. I can't agree with that, given my absolutist stance on freedom of expression. The initial cracks in the 1st Amendment, I am convinced, came from bending principles such as this.

Posted by drizzten at 02:57 PM | Permalink | Comments (10)

News8Austin: Senator, religious leaders support income tax for school finance

Texas Impact and other religious groups organized "Funding the Future of Texas."

Sen. Eliot Shapleigh, D-El Paso, shared his message with Texans. The First United Methodist Church in downtown Austin is one of 40 stops the senator has made in the past year.

[...]

Education is the number one industry in Texas. It employs more people and requires more money than any other industry, so Shapleigh said it should have its own pool of taxpayer money.

"You lower the property tax very significantly, down to from about $1.50 to $.15, and you go to a flat tax, an income tax dedicated to one thing, which is education," he said.

But the session ended with no replacement for the current Robin Hood system that takes property tax money from wealthier school districts and gives it to poorer ones.

Education experts at the forum support a personal income tax; Texas is one of nine states without one.

"That limits us to being able to only tax property and tax consumption, and when the economy constricts and values go down and people don't have money to spend buying things, then revenues fall even though the needs in the state do not decline," Louis Malfaro of Education Austin said.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

I'll say it once more. Oppose all state income tax plans!

Posted by drizzten at 05:37 PM | Permalink

News8Austin: Texas has highest percentage of dropouts

A recent study by the U.S. Census Bureau found Texas ranks last in the nation for percentage of high school graduates. The numbers are worst among Hispanics who also happen to be the fastest growing minority population in the state.

[...]

The Office of Juvenile Justice and Delinquency Prevention reported there is a $2 million lifetime cost for a dropout who becomes involved in crime.

[...]

"We primarily need more funding for dropout prevention programs like Communities in Schools, getting involved in your local school districts, becoming a tutor or a mentor," [Vanessa] Brown said.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 05:13 PM | Permalink | Comments (2)

[Updates below.]

News8Austin: Hispanics on pace to surpass whites

New state population estimates show Hispanics are still on pace to outnumber whites in Texas by 2020 and they may even do it sooner, according to data from the Texas State Data Center's biennial population projection released this week.

[...]

The traditional projection has non-Hispanic whites becoming less than half the population next year. That projection holds that Hispanics would edge non-Hispanic whites in 2020, with Hispanics becoming a majority by 2035.

But if trends continue as they did from 2000 to 2002, non-Hispanic whites could lose the majority this year, with Hispanics becoming the largest ethnic group by 2015 and the Texas majority by 2030.

Copyright 2004 Associated Press, All rights reserved.

The website of the Texas State Data Center and Office of the State Demographer has the full data.

I'm not worried about "wetbacks comin' to take our jobs!". If a voluntary arrangment can be worked out between potential employee and potential employer, then go for it. The size of the job market isn't locked in stone and one man's employment doesn't require the unemployment of another.

This only concerns me to the extent these people demand government provide for their lives, which, on balance, they will. It really doesn't matter what ethnic group you are a part of these days; clear majorities want greater government involvement in our lives. Neither Democrats/liberals or Republicans/conservatives have good responses to this. On average, the former want to increase the number, strength, reach of worker protection laws and on average the latter want to use the law to swing their nationalism clubs around to protect Americans and our cultural integrity.

Besides, there will be far bigger things to worry about during that future time than larger percentages of nonwhites in our state.

UPDATE(1:57pm)
On a related note...ABCNEWS: San Antonio Is Nation's 8th Largest City

San Antonio has eclipsed Dallas as the nation's eighth-largest city, buoyed by a steady population influx and plenty of room to spread out.

According to estimates released Thursday by the Census Bureau, San Antonio had about 1,214,725 residents compared to Dallas' 1,208,318. The annual estimate measured population as of July 1, 2003.

[...]

At around 1.7 million in population, the San Antonio metropolitan area remains far smaller than that of the Dallas-Fort Worth region, which stands at about 5.6 million and is climbing heartily.

Copyright 2004 The Associated Press. All rights reserved.

Posted by drizzten at 09:01 AM | Permalink | Comments (2)

News8Austin: More Libertarians centered in Austin

Austin is becoming the headquarters for the Libertarian Party. The Libertarian Party selected an Austinite to run for president and several state party positions are occupied by people in Austin.

1. Libertarian Mayor Pro Tem Mark Wilson
   
2. Charlie Lambert of Hutchison County and Noah Davis of Lubbock County who were elected to the offices of Public Weighter and are attempting to abolish the position as Wendell Weatherford did in Travis County.
   
3. Buffalo Springs township councilmember Marshall Phillips

The Libertarians believe in liberty. The party platform calls for the government to get out of their lives.

"It's not the government's job to tell you how to live your life or to do things that they think are in your best interest. The only valid function of government is to protect your property," Libertarian Presidential candidate Michael Badnarik said.

A quick look at the national and state party shows Austin is a powerbase.

"We seem to be making great strides, primarily because of the work that's been done here in Travis County," Texas Libertarian Vice-Chair Nancy Neale said.

On Tuesday Neale was scoping out a new party headquarter office location in East Austin.

"I think it's going to do good things for our image," Neal said.

Party chairman Pat Dixon explained why Austin is generating Libertarian leaders.

"I think Austin is a very independent minded area. People don't like to be labeled as Democrats and Republicans. People are drawn to our party because we're offering independence and liberty," Dixon said.

During the party's national convention in Atlanta, Travis County sent more Libertarian delegates than almost any other area in the nation.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

• enacted a smoking ban
  
• proposed City Council-imposed design standards for new businesses
  
• imposed a new tax district to pay for Travis County hospitals
  
• banned "big box" developlement over certain areas
  
• continued to interfere in the Austin taxi market
  
• intervened in the selection of food at the airport
  
• threatened property confiscation on Halloween
  
• banned advertising along certain parts of ground near roads
  
• bad budget priorities

I've been to one Travis County LP meeting, I have helped get TXLP ballot access, and I have been to the 5th year anniversary of the Liberty Dollar which was riddled with TCLP members. I've been uninterested in working with them since, but may help out more in the future.

Posted by drizzten at 10:14 AM | Permalink

News8Austin has a poll up asking it's readers what should be done about Round Rock ISD not having enough money for textbooks. The possible answers are:

• Allow corporate sponsorship
  
• Car washes
  
• School-sponsored garage sale
  
• Textbook buddy system
  
• Other

How about the seperation of school and state? How about making parents individually responsible for the educations they want for their kids? How about - and here's a shocker - CHARGING FOR TUTITION and services in a manner indistinguishable from any other private business? Any other of these proposed "solutions" completely skips over the central problem at hand: education is funded and regulated through the government rather than funded and regulated through the actions of free individuals.

-Charles Hueter

One amusing comment left by "pfville dad" worth mentioning:

I don't have this problem. My kids get a real education in private school.

Other comments containing wisdom of above-average weight:

RRISD, as are most SD's in Texas, is simply a 12 year tax-supported day care center, and when the 12 years have passed , students who are essentially illiterate are given a diploma and sent on their way.

Two words - Private Schools. The public education system died a long time ago. Bury it and move on.

Posted by drizzten at 02:04 PM | Permalink

Mon Jun 7,12:12 PM ET, AFP/File/Jerome Delay

There is no question President Reagan took the fledging libertarian ideas of the Republican Party and put them front and center for the rest of the country to see. That service alone deserves praise. His work in vocally opposing the Soviet Union and communism is equally important. And though he often backtracked on his promises, didn't often fulfill his rhetoric with action, and imposed domestic social policies that I continue to deeply disagree with, I respect him.

Posted by drizzten at 01:19 PM | Permalink

News8Austin: Austin Marines headed to Iraq

An Austin-based Marine Corps Reserve unit ships out Thursday.

They'll support U.S. military operations in Iraq. About 200 reservists from Camp Mabry are headed for the Marine Corps base in Twentynine Palms, Calif.

There, they'll get pre-deployment training before getting their orders.

Those orders are expected to last a year, but they could remain on active duty for two years under the present partial mobilization President Bush ordered.

The 200 reservists are the largest group Camp Mabry has sent since the start of the Iraq war.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Get back with speed and safety, guys.

Posted by drizzten at 08:46 AM | Permalink | Comments (1)

[Updates below.]

First, they came for the smokers...

In Austin, "they" have been coming for the smokers for over a year.

Austin Considers a Smoking Ban
Austin Smoking Ban Passes, Kinda
Austin Smoking Ban Finale
Austin Smoking Ban Considered Today
Austin Smoking Ban Passes
Individual Rights & Collective Rights: Smoking
Why Society Must Change First III
Austin Smoking Ban Update
Austin's Smoking Ban, Revisited

The Austin Smoking Ordinance goes into effect today. News8Austin: Smoking ordinance effective June 1

Almost 100 bars and venues have received permits. Businesses that violate the ordinance could face a Class C Misdemeanor and fines up to $2,000.

The Alligator Grill in South Austin made changes for a restricted permit, but the request was denied.

Mangers say the city never mentioned specific guidelines for the separate ventilation system.

"The ordinance now between the lines says 'we want an air exchange rate of so many molecules per hour' and the only way to comply with that is to put in totally new units and have the thing completely re-engineered," manager Doug Foreman said.

Alligator Grill believes the playing field isn't level between restaurants and bars. And he says his business depends on live music to attract people to the bar as well as to the restaurant menu.

"They [bars] don't have to comply at all; it's not a fair ordinance," Foreman said.

[...]

Alligator Grill will have to spend $200,000 to meet permit requirements.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

• Smoking is now prohibited in all enclosed public places and enclosed places of employment, with the following exemptions:
  • A dwelling unit or private residence.
    
  • A hotel or motel room designated as smoking.
    
  • A retail tobacco shop.
    
  • A private or semi-private room in a nursing home or long term care facility.
    
  • An outdoor area of a workplace.
    
  • An enclosed meeting room used for a private function.
    
  • Bingo facilities with proper non-smoking area.
    
  • Bowling alleys which meet the required criteria.
    
  • Facilities operated and controlled by a private fraternal organization.
    
  • Permitted establishments which meet the required criteria.
  
  
• How Do I Get a Permit:
  • Contact the Austin/ Travis County Health and Human Services Department at 972-5600 for an application and application instruction page.
    
  • Submit the completed application with the permit fee of $300/year and follow the instructions.
    
  • There are two types of permits; an Unrestricted permit for stand alone bars, which maintain at least 70% alcohol sales and do not allow anyone under the age of 18 into the establishment; and Restricted permits for designated smoking areas in a restaurant/bar, if the smoking area is fully enclosed with an approved HVAC system, and no one under the age of 18 is allowed into the smoking area between 2pm and 6am, when smoking is allowed.
    
  • Smoking is not permitted until the permit is approved and issued.

• Penalties:
  • Penalties for noncompliance have been added to the ordinance for clarity, and enforcement capability has been strengthened.
    
  • Violations of the ordinance are a Class C misdemeanor, punishable under Section 1-1-99 (Offenses; General Penalty) by a fine not to exceed $2,000 for each offense.
    
  • The Health Director may suspend or revoke a permit issued to the operator of a public place, where repeated offenses occur.

• the entrance is not the primary pedestrian entrance to the premises; or
  
• the distance between the entrance and the adjacent roadway is less than
  15 feet.

At taxpayer expense, the City of Austin will now:

• develop a comprehensive tobacco education program to educate the public about the harmful effect of tobacco and its addictive qualities;
  
• conduct informational activities to notify and educate businesses and the public about this chapter;
  
• provide information about smoke-free activities, including smoke-free live music performances; and
  
• coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education.

It is now illegal if someone "discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter." Thus, employees to help injure the business for which they work are protected from being tossed out on their asses as they so very much deserve.

There are also specific signage requirements with which to comply.

The whole mess can be read here in PDF. Mayor Pro Tem Jackie Goodman and Council Member Brewster McCracken sponsored this legal sewage. Those who voted for the amended regulation were Mayor Will Wynn, Mr. Goodman, Council Members Raul Alvarez, Betty Dunkerley, and Mr. McCracken. Daryl Slusher and Danny Thomas voted against the ordinance. Unfortunately, Mr. Slusher is the prick who asked for the permit fee to be increased to $300. Mayor Wynn and Mr. Thomas voted against the increase but everyone else voted for it.

I view this to be petty nanny state authoritarianism at it's worst. It's a gross violation of private property, self-ownership, and the freedom to associate. It says that within the city limits, you don't actually own your property because the Austin City Council can simply vote to say what can and cannot happen on your grounds. It says people cannot be trusted to make decisions on their own and the government must step in to fix things. It says all this and it gives a big Fuck You to the principle of personal responsibility.

Government has no right to interfere in most matters concerning private individuals and certainly no right to impose restrictions on behavior because a subset of citizens don't like being exposed to tobacco smoke when going out or when working. This ordinance should be repealed and the Council should apologize for ever considering it.

UPDATE 2/24/2005 4:34pm
I feared this would happen. The health Nazis are coming back for something stronger. Fight the Austin Smoking Ban

UPDATED 5/9/2005 9:03am
The Additional Tyranny - The New Austin Smoking Ban Passes

UPDATED 8/30/2005 1:49pm
Deadline for the Austin Smoking Ordinance

Posted by drizzten at 10:59 AM | Permalink | Comments (1)

[Updates below.]

West Texas oil producers striking it rich

Oil prices have slipped a little since their 21 year high last week at more than $41 a barrel.

While the steep prices are hurting motorists at the pumps, it's a boon for oil producers in West Texas.

The gambling spirit is thriving again in the West Texas oil fields. In the Midland/Odessa area, oil field consultant John Bell is trying to bring two oil wells back to life for his boss.

"If I can fix it, then I can start making him another 50 to 100 barrels a day, then he'll be happy!" Bell said.

These wells haven't pumped oil in more than five years. But high oil prices have inspired oil producers to upgrade equipment and get old pumps running again.

As the price of oil increases, producers who might have otherwise stayed on the sidelines and devoted resources to other economic endeavors become more and more attracted to the higher revenues possible with higher fuel prices. As more and more production ramps up, this tends to drive down the price at the pump. The profit motive, despite the ravings of lefties and moderates across the country, helps drive the prices back down.

Then there's the consumer side. No one likes high gas prices. So consumers will adjust their behavior to either buy less fuel or consume it more efficiently. As consumer behavior changes from a low-price/higher demand force to high-price/lower demand force, the reduced demand increases downward pressure on pump prices. This promotes greater competition among sellers, adding further downward pressure to prices. Provided the market is left to it's own devices, "equilibrium" will be restored and a new price trend (both for crude oil and consumer gas prices) will establish itself.

And not once does the government need to get involved.

Bell has spent $200,000 on his wells in the last three weeks.

"With low prices I wouldn't be on this project. We wouldn't be out here. We wouldn't be talking about this," he said.

The true sign of a booming oil industry is how many drilling rigs are running. In West Texas, more than 60 rigs have started spinning into the earth in the last 18 months.

Don Sparks is drilling two wells a month, spending more than $1 million. But it's getting tougher to get the equipment he needs. He had to buy steel casings from a vendor in Eastern Europe.

"Our casing is supposedly on the ocean right now on the way to the U.S," Sparks said.

"When we've got over 200 rigs running that means we've got full employment, we don't have people sitting around wondering 'am I'm going to do anything today?'" Morris Burns of Permian Basin Oil Association said.

But history has a way of tempering today's excitement. The last time oil sold for $40 a barrel was during the oil boom of the early 80s.

But what people around here remember most is what happened a few years after, when prices plummeted. The oil fields shut down and as one producer put it, "Small West Texas oil towns fell off the face of the earth."

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

UPDATED 4/11/2005 5:26pm
Given the continual rise in energy prices, even more growth is happening across the US in the energy industry.

Christian Science Monitor: Gas bonanza shakes dust from Western towns

Landscape painter Alfred Jacob Miller set up his easel on the shore of Fremont Lake 168 years ago and rendered one of the most famous romantic portraits ever made of the wild American West. Today, in the small ranching and tourist community that grew up around the venerated lake, motel rooms in Pinedale are sold out, but not from traditional tourists exploring the haunting Wind River range.

The influx stems from an unprecedented invasion of oil-patch "roughnecks" creating a round-the-clock beehive of drilling rig crews, pipe layers, roadbuilders, and truck fleets.

Indeed, tiny Pinedale represents ground zero in one of the biggest natural-gas booms in the postwar era. Driven by high energy prices and looser government regulations, it is transforming many of the small towns here along the rumpled spine of the Rockies - creating thousands of lucrative jobs, pouring money into local treasuries, and, as always happens with sudden growth, producing new problems ranging from traffic to drug use.

"The US national energy policy is being played out on an epic scale in our backyard," says Ward Wise, the city manager whose folksy municipal attire is a pair of jeans, denim jacket, hiking boots, and a leather cowboy hat. "All of a sudden, our little rural town has come face to face with the hurricane force of the global energy market."

n many ways, the continuous drilling of new wells outside Pinedale is just one example of an energy boom being played out across the American West. Oil and gas prices at record highs (until adjusted for inflation) and the opening of more public lands to development have brought small wildcatters out of retirement and attracted the usual assortment of Big Oil interests.

In just the past year alone, the Bureau of Land Management (BLM) has approved 5,700 new drilling permits in Wyoming, New Mexico, Utah, Colorado, and Montana - an increase of about 62 percent over the previous year.

[...]

As billions of dollars worth of gas is being extracted annually, output is expected to grow exponentially. At the current going rate of $5.75 per thousand cubic feet of gas, the spoils are the equivalent of oil companies planning to exploit a large untapped reserve of crude and counting on profitability at $30 a barrel yet to yield $90 a barrel.

www.csmonitor.com | Copyright © 2005 The Christian Science Monitor. All rights reserved.

Posted by drizzten at 04:10 PM | Permalink

AustinGasPrices.com has a motto and it is "Informed Consumers are Wise Consumers."

The site tracks, via user submissions, regular unleaded prices around the Travis County/Austin area. I wish it had diesel prices, but given that diesel is almost always at or lower than regular unleaded, I just need to find the cheapest convienence stores on the chart that sell diesel.

Just about any legislator and politician today holds "principles" that would allow him or her to support a government-funded or -run operation that tracks local fuel prices in order to inform consumers. The AGP website is a simple and direct refutation of that hypothetical notion. Capitalism at work doesn't always mean millions of dollars in global inventory, corporate lawyers by the dozen, or irritating commercials.

Posted by drizzten at 04:27 PM | Permalink

The session ended with nothing getting done.

The special session on school finance, which ended in spirit Friday, ended in fact Monday when the House and then the Senate adjourned for good two days earlier than expected - without approving a bill.

"For good," in this case, might mean lawmakers come back for summer school. Or it could mean a fall special session. Much will depend on progress made by two working groups that will be formed so lawmakers can plug away at the impasses that blocked all efforts to produce a consensus.

[...]

The special session, which would have run out its 30-day clock Wednesday, fell apart because of sharp differences on how to replace the current school funding system, which relies heavily on local property taxes and sends those tax dollars from wealthier school districts to ones with lower property wealth.

The proposals that went nowhere included efforts to change or create new business taxes, raise and broaden the sales tax, increase the levy on tobacco products and legalize slot machines at pari-mutuel tracks and on Indian property.

Copyright 2001-2004 Cox Texas Newspapers, L.P. All rights reserved.

From another, this is bad news. Regardless of my stance towards the current educational system in Texas, it cannot be forgotten that there are millions of children stuck in these government schools and millions of adults paying taxes to keep them there. That has to end and it won't happen until either parents revolt (refuse to pay taxes, take their kids out of school, or remove the Constitutional mandate for public education) or the Legislature changes the bulk of the law to withdraw the state of Texas from educational matters and hand more and more decisions to parents and guardians.

Posted by drizzten at 12:20 PM | Permalink

Felix Gillette has an article in Slate about the increasing popularity of the Texas Rollergirls.

Lone Star Skate: Roller derby makes a Texas-sized comeback

On a recent visit to the roller derby, I discovered my all-time favorite sports cheer.

It's a Sunday night in Austin, Texas, and the Hotrod Honeys are taking on the Hustlers in a low-slung roller rink behind a car dealership. Midway through the first period, the Honeys' manager - a rockabilly greaser dressed in coveralls and waving a wrench - turns to the crowd. Following his cue, we raise our arms, spread our hands in devil-finger formation, and salute: "Faster! Faster! Kill! Kill! Kill! Faster! Faster! Kill! Kill! Kill!"

It's no mistake that the chant evokes Russ Meyer's seminal girls-with-guns flick Faster, Pussycat! Kill! Kill! If the lecherous Meyer invented a sport, it would look a lot like this - part girl-on-girl athletic competition, part burlesque show, and all covered with a thick coating of hipster irony. Austin's roller derby is a modish variation of the classically cheesy spectacle on wheels that won a cult following in the Bay Area during the '60s and on Saturday-morning television in the '80s. Austin's derby revival got started in the summer of 2002 and currently features two independent leagues, the Texas Rollergirls and the TXRD Lonestar Rollergirls, which share nearly identical aesthetics, rules, and shtick.

©2004 Microsoft Corporation. All rights reserved.

Hell Marys, Honky Tonk Heartbreakers, Hotrod Honeys, Hustlers. I have a soft spot for the Hell Marys and the Heartbreakers, but I root for the sport as a whole. Just one more reason Austin Is Weirder Than Your City.

Posted by drizzten at 04:41 PM | Permalink | Comments (1)

[Updates below.]

I'm a big fan of property rights. I'm also a big fan of binding contractual agreements. So I'm not very upset about this story.

Patriotic signs stir neighborhood controversy

Yard signs are outlawed by deed restrictions in the Lakeline Oaks neighborhood in Cedar Park.

The rule, being enforced on signs of patriotism, is ruffling some flags and feathers.

"We have troops across the ocean. We support them. What other better way to do it than by putting a sign out," Sgt. Maj. Anthony Sandoval said.

He posted a sign in support of troops and the president in his front yard more than a year ago.

Last week he received this letter from his neighborhood association telling him to remove the sign or face a fee of $10 a day.

The Lakeline Oaks Homeowners Association says the sign violates a rule in their deed restrictions prohibiting the display of signs in yards.

"That's my home. I'm paying for that home. I should have some say as far as what's in my yard," Sandoval said.

According to the homeowners' association manual, the rule doesn't just apply to political signs. It applies to any and all signs posted on the homeowner's property. An exception is made for real estate signs. Before moving into a neighborhood with deed restrictions, home buyers are given a copy of the neighborhood rules and are required to sign an agreement to keep the rules when closing the purchase of the home.

The deed restrictions (PDF) say this is a "Minor Violation." It also mentions this:

I. "Restriction" shall have the same meaning herein as given to that term in Section 54.237, Texas Water Code, which is a limitation on the use of real property that is established or incorporated in properly recorded covenants, property restrictions, plats, plans, deeds or other instruments affecting real property in a district and that has not been abandoned, waived, or properly rescinded.

Sandoval and others went the homeowners' association meeting to ask for leniency.

"We're just sensitive about this thing. We think they need to be more flexible," resident Bill Bonner said.

Some residents who showed up say the subdivision's rules are there for a reason.

"People pay to go into a subdivision like this because they want rules defined. You just can't posterboard your house with your views of the world," resident Robert Kenny said.

"Let everybody have their will to have whatever they want to put on there. It's their piece of land. If somebody wants to say, we don't want the war, that's their freedom of speech," Sandoval said.

It's a freedom some residents say they didn't give up when they moved into the neighborhood.

Don't sign a contract with an entity that imposes rules on you that are formed by collective decision.

Sandoval and other active and retired soldiers in the neighborhood plan to contact various veterans groups to help them pursue other legal avenues.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

UPDATED 11/17/2006 11:55am
Live Up to Your Contracts, II

Posted by drizzten at 11:45 AM | Permalink | Comments (1)

[Updates below.]

I just got this through e-mail:

We would like to thank all of our customers, record labels, musicians and friends who have helped make 33 Degrees a success and an exciting place to work over these past nine years.

We have decided it is now time to move on and effective May 31st we will be closing our doors.
We've had a great time: making friends, turning you on to the music we love, and learning from y'all, too. But, now we're looking forward to achieving many other things in our lives. A chapter ends, but the book isn't finished.

Effective immediately all new items are on SALE at 20% off. This excludes items already sale priced and markdowns, but, heck, that means everything you've been lusting after is ON SALE!!!
Please come by and score some great sounds at great prices during our last month.

Thanks! Bob and Dan

Thirty Three Degrees
4017 Guadalupe - Austin - TX 78751
http://www.thirtythreedegrees.com

Of all the record stores in Austin, 33º is the one in which I feel the most comfortable. I'll miss the relaxed atmosphere, relaxed store clerks, and well-used listening stations. The store's e-mail newsletter has given me the heads up on too many upcoming concerts to mention as well as kept me abreast of new releases far from the Top 40 pop charts.

Given all the self-produced hype about Austin being the Live Music Capital of the World, it seems odd 33º would just close like this. Perhaps there's something going on behind the scenes. Or perhaps, like Orbital, they've decided to get out while ahead and at the peak of their business.

In any event, it appears I'll be spending more time and money at Waterloo Records. Now that Tower Records wil be leaving, I'll need another backup music store.

Alien Records isn't bad, but it's focus is on electronic music and the customer service has been iffy in the past. Cheapo Discs is a place I've never been to. It looks promising even though it's a high-volume used music store. Haven't been to Jupiter Records, either.

UPDATE(5/11/2004 12:15pm)
Just recieved another e-mail. The sale's discount has just been increased to 30%. All new items are now 30% off. Also:

And this Saturday, May 15th from 11am to 1 pm, we'll be selling all of the promo & store play CD's we've gathered for nine years at an incredible $5.00 each. That's 2500-3000 discs!!!

There's still a lot of amazing vinyl left in our Punk, Jazz, Classic Rock, Prog, & Psych sections. C'mon you waxheads, what are ya waiting for?

UPDATE(5/18/2004 12:07pm)
Thank you, 33º, for providing me with sweet, musical bliss! And a new sale!

Posted by drizzten at 08:41 AM | Permalink | Comments (3)

I went last year and had a great if hot time. I plan on going this year as well. From the TCBF website:

The Texas Craft Brewers Festival is the largest beer tasting in Texas, featuring some of the best independent breweries from across the state.

With more than 40 handcrafted beers on tap, the festival will provide you with a unique opportunity to taste some of Texas' best beer.

Saturday, May 15, 2004
12:00 to 10:00 pm
4th and San Antonio Streets, Austin, TX

1. Bitter End with their Bat City Lager, Poindexter Pils, Nobleweiss, Austin Pale Ale, E.P.A. - Environmental Pale Ale, 2XryePA, and 1100 beers. I don't think I've had a Bitter End beer before.
   
2. Draught House with their Bayernischer Helles, Trolley Steam, Maibock, Biere De Garde, Calloway's Vanilla Porter, and Reanimator Dopplebock beers. This is my favorite Austin pub, by the way. I've tasted each of the beers they're bringing. My favorites are the Vanilla Porter, Trolley Steam, and Biere De Garde.
   
3. Live Oak with their Pilz, HefeWeizen, Pale Ale, and Big Bark beers. Probably won't be visiting these guys too much as I like heavier beers.
   
4. Lovejoy's with their Brother Bob's Bitter, Enns River Stout, and Old Horizontal (a.k.a. Old Whore) beers. I've been to the Lovejoy's pub a few times (their Honey Mead is excellent), but I haven't had any of these beers.
   
5. North by Northwest with their Northern Light, Pilsner (Spring Seasonal), Duckabish Amber Ale, and Py Jingo Pale Ale beers. New stuff for me here.
   
6. Jaxon's with their Borderland Lager, Cactus Jack Amber Ale, Chihuahua Brown Ale, and Andale IPA (ahn' da' lay) beers. Jaxon's is from El Paso and I haven't heard of them before.
   
7. Two Rows with their Honey Blonde Light Pale Ale, Uncle Reds Raspberry, Illegally Blonde Pils, Osage Golden Wheat, Old Town Hefeweizen, Dos Rows Vienna Lager, Route 66 Amber Ale, Oatmeal Stout, India Pale Ale, Hopzilla, Barking Fish Porter, and Barley Wine brews. That's a hell of an impressive list and I haven't sipped a single one!
   
8. Real Ale with their Fireman's #4 Blonde Ale, Rio Blanco Pale Ale, Full Moon Pale Rye Ale, and Brewhouse Brown Ale beers. I've had most of these Real Ales and I'm not much of a fan. The only exception is Fireman's #4, a very nice clean-drinking thirst-killer pint.
   
9. Saint Arnold with their Saint Arnold Summer Pils, Saint Arnold Kristall Weizen, Saint Arnold Fancy Lawnmower Beer, Saint Arnold Amber Ale, Saint Arnold Brown Ale, and Saint Arnold Elissa IPA. Love their Lawnmower, everything else is new to me.

I hope this year the setup is such that there's more shade or at least a way to get to some while still holding a sampler of beer in hand. That was the single biggest problem with last year's event. It was bright, clear, and damn hot. The only shade was under a few highly populated tents and a small cluster of trees just outside the festival entrance...but leaving the grounds with beer wasn't allowed.

Posted by drizzten at 09:42 AM | Permalink

[Updates below.]

I never sit down to watch the channel but the times I've surfed across it there were some interesting acts playing.

Media group offers to privatize Austin Music Network

The Austin Music Network (AMN) was funded mostly by the city of Austin until last fall.

Once funding was cut, the city and the network began looking for alternate financial resources. City leaders decided the network will have to look for money outside the city budget once its $150,000 contract expires in September.

A private media group, Austin Music Partners, offered Wednesday to privatize AMN. Longtime TV producer Connie Wodlinger would be in charge of programming.

Her proposal comes just two months after city leaders questioned the network's financial viability.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

This whole mess broke last week when AMN tipped the daily to the fact that - as both Wynn and McCracken have long suggested - the city was talking with Time Warner about the possibility of the latter taking over AMN and turning it into an arts-and-entertainment version of News 8 Austin.

Copyright © 1995-2004 Austin Chronicle Corp. All rights reserved.

Searching for "Austin Music Partners" doesn't turn up anything at all, so perhaps this private media group has just gotten together for the purposes of buying AMN. It certainly would be a good opportunity. According to AMN:

The Austin Music Network is the only independent music channel in the world. We are on the air 24 hours a day, 7 days a week and showcase the best of Austin and Texas music. Each day features original music videos and uninterrupted concert performances with a short list of national artists mixed in.

In any event, funding arts and entertainment is something government has no business doing. This is a step in the right direction. Now, how about privatizing those homeless shelters...

UPDATE(6/24/2004 8:27am)
News8Austin: AMN reaches compromise with Austin Music Partners

After months of heated discussions and "he said-she said" disputes, the Austin Music Network and Austin Music Partners are joining together to make television.

It started at a telecommunications infrastructure meeting on Wednesday afternoon. Louis Meyers, the general manager of AMN came to the table along with Austin Music Partners TV producer Connie Wodlinger, much to the surprise of the committee.

[...]

"Whether it's private or nonprofit, I think there's a lot of advantages for the local community and at the end of the day probably affect a different group of the local community. So, our goal is to make sure we create a plan that everybody is part of," Meyers said.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 04:50 PM | Permalink

[Updates below.]

Not too long ago, I blogged the notion of a renewal of interest in federal toll roads. Now, it appears some "authorities" in Austin are thinking the same things.

CTRMA says toll roads needed

Central Texas doesn't have any toll roads yet, but if transportation visionaries have their way that will change. A new plan is out showing the highways drivers might have to pay to use.

[...]

...transportation officials with the Central Texas Regional Mobility Authority at meeting on Monday said those fees are needed.

"If this is not approved and we fail to access that money that's being made available, it'll set us back once again behind Dallas, Houston and San Antonio," Mike Heiligenstein, with CTRMA, said.

The proposed $2.2 billion plan would add more than 60 miles of toll roads. Loop 360, Loop 1, parts of 183, and 71 would become tolled.

In less than two years, areas like the "Y" at Oak Hill and U.S. 183 down from I-35 to 71 would get constructed.

"We are talking about giving people the opportunity to drive from Cedar Park from downtown Austin to the airport without stopping. You'll be able to make a loop around Austin without stopping," Heiligenstein said.

Drivers will have to pay 12 cents to 15 cents a mile on a toll road.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

The price of a toll will depend on the distance traveled and whether a money-saving toll tag is used. The option of tax-supported roads or toll roads will allow motorists to choose the most time-saving route. In 2007, the tolls, without a toll tag, will be approximately:

12.5 cents a mile for SH 130

11.5 cents a mile for SH 45 North

15 cents a mile for Loop 1

If the debt is paid off, the tolls may be reduced to a level that would still cover necessary operation and maintenance costs. With the growing demand for new roads and other transportation improvements, however, the chances are that tolls will not be removed. Instead, they will be used for the toll roads? continued operation and maintenance or to expand the toll system to meet transportation needs. Like the successful toll roads in Dallas and Houston, additional revenues can be used to operate, maintain, and expand the turnpike system.

From the Austin-American Statesman:

Under the plan, both of the main approaches to Austin-Bergstrom International Airport - 12.6 miles of U.S. 183 (Ed Bluestein Boulevard) and the 3.6 miles of Texas 71 heading east from Interstate 35 - would become toll roads. So would Loop 360 through its entire 13.1-mile run through West Austin from MoPac Boulevard on the south to U.S. 183 on the north.

About 20 percent of the plan is actually old news. It includes both U.S. 183-A and Texas 45 Southeast, toll roads well along the design path that in the past have been presented as part of the first wave of toll roads in Texas.

Like the three turnpikes already under construction - Texas 130, Texas 45 North and an extension of MoPac Boulevard (Loop 1) - U.S. 183-A and Texas 45 Southeast would not have continuous, nontolled frontage roads.

Let's be clear that I don't want the government (federal or state) in the business of road construction or planning. I view it as a titanic effort that is best left to private businesses and groups to handle, from beginning to end. I'd prefer that all roads come with direct costs to the consumers who use them and I'd certainly rather not have the government taking private property in right of way proceedings if the landowners don't want to sell...whether they receive "fair market value" or not.

That last bit has always annoyed me. How can you establish a fair value of your property when the other entity you're dealing with both engages in a widely accepted property appraisal service and has the power to enforce it's desires at great expense to you? Imagine the State knocking on your door one day, asking you to sell your home and land for $300,000. You paid a combined $200,000 for the property and house, but over the years you have turned it into exactly what you wanted your permanent home to be. You love the location, the neighbors, the environment, and have no desire to leave. Here's what happens next:

If the property owner disagrees with the appraisal value, a written counteroffer may be submitted. It should include a specific dollar amount with information supporting the counteroffer. Only one counteroffer may be submitted. The counteroffer will be reviewed by TxDOT and the property owner will be notified of the decision.

[...]

If an agreed purchase price cannot be reached, condemnation proceedings are initiated.

In condemnation hearings, the court will appoint three disinterested landowners to serve as special commissioners and a hearing will be held to determine the value of the property being acquired. During the hearing, the property owner and the state will present documentation supporting the value of the property. The commissioners will determine the value of the property and file their decision with the court.

As soon as the state deposits the amount of the award with the court, it takes possession of the property and it is transferred to the state.

If either party is dissatisfied with the amount, objections must be filed within the time limits prescribed by law and the case is tried in the same manner as other civil cases. The basic issue decided in eminent domain cases is just compensation for the property being acquired.

Anyway, a transportation project that involves less and less government money and more voluntary consumer money is better than the older Texas way. Just keep taking those steps in the right direction...

UPDATE(7/13/2004 9:50am)
News8Austin: Area leaders vote yes on toll roads

Area leaders voted 16-7 in favor of a $2 billion toll road plan for Central Texas. The vote by the Capital Area Metropolitan Planning Organization took place at the Thompson Conference Center on The University of Texas campus Monday night.

The toll plan affects most major roadways in Central Texas except for I-35. The plan includes tolls on South MoPac near William Cannon, U.S. 290 West in Oak Hill and State Highway 45 northeast of Central Texas.

It now goes to the Texas Department of Transportation and Central Texas Regional Mobility Authority for planning and construction.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

UPDATE(8/13/2004 9:01am)
Just discovered the Austin Toll Party website. For the most part, I agree with them. It's double taxation to impose both normal taxing practices on us to pay for roadways (and for roads already paved and paid) and then require us to pay a toll on top of what we already pay in property and sales taxes.

However, I detect a certain hint of a free rider attitude among the commentary as well as pandering to majority opinion. Ideally, road construction and maintenance should be the purview of private entities operating to provide a service at a profit...just like any other business. Our transportation system shouldn't be left at the whim of democracy and government corruption. It should be in the hands of the people who would know what's most needed and where: private capitalist enterprise.

The problem isn't the toll. The problem is who administers it. Once people have to consider the costs of using a service, they will moderate their usage of it. Charging higher prices during peak times will keep the roads less congested by giving travellers the incentive to double up, take alternate routes, or live closer to their primary destinations. But once you have the state get involved, you lose a good portion of what makes the above work so well. Since the state doesn't operate in the interest of profit and has the ability to ruin companies that do, the core reason for running a business gets corrupted. Regulatory compliance and a clean public persona become as - if not more - important than operating a legitimate business.

UPDATE 9/8/2004 9:01am
Austin Traffic Sucks? Really???

UPDATE 2/22/2005 12:37pm
News8Austin: Mayor, city council recall petition dropped

The effort to recall Austin Mayor Will Wynn and other city leaders will change its focus.

A group called Austin Toll Party led a petition drive for the past few months trying to force a recall election for Wynn and some Austin City Council members.

Posted by drizzten at 01:26 PM | Permalink | Comments (7)

Invasion of the caterpillars

Q: How do you get rid of the caterpillars?

A: The best thing is to just try to tolerate them a little bit longer. Yes, the trees are suffering some loss of foliage, but it is still early in the spring, they will put on some new growth. I recommend not trying to apply any kind of insecticide unless it is absolutely necessary ... Given them about two to three weeks and they'll probably all but cycle out at that time.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 01:25 PM | Permalink

[Updates below.]

Perry set to call special session

Gov. Rick Perry has told the Legislature's top officials that he will call a special legislative session for the middle of April to address school financing.

Sources told The Associated Press and that Perry told Lt. Gov. David Dewhurst and House Speaker Tom Craddick that he will announce the call this week.

The sources say April 12 or April 19 have been mentioned as possible start dates.

The Dallas Morning News is also reporting the news of the special session.

However, a spokesman for Perry told News 8 Austin the AP and Morning News reports are premature.

The governor has no intention of announcing a special session either Thursday or Friday, said Robert Black.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

News8Austin has a poll asking whether Governor Perry's decision was a good one. I voted "yes" and added this comment:

Calling the session is a good thing. The current system isn't working. Of course, what needs to happen won't happen:

The privatization of public education.

As long as people are forced to pay for the educations of others, public education will continue to be mediocre for most and a failure for too many. Government involvement screws everything up.

1. An education is very important but it is not a right; it's a service.
   
2. As such, it should be subject to free market forces. Meaning, if you want to partake in the service, you and the service provider should come to an agreement on the terms and conditions of that service's nature, cost, and rules.
   
3. Therefore, the state should not interfere with educators and educational institutions:
   • People should pay their own way or seek help from charitable third parties.
     
   • The curriculum should not be imposed from above, either from the state or federal level.
   
   
4. Etc.

Will anyone in the Texas Legislature propose such a radical change? I'll keep an eye on the process and blog what pops up, from the Good to the Even Worse.

UPDATE(4/9/2004 12:45pm)
Oppose all state income tax plans!

UPDATE(4/13/2004 12:30pm)
The ball is in motion.

Perry calls special session

On April 20, legislators will meet in Austin to consider a new way to pay for public schools.

The governor announced the special session on school finance at a Tuesday morning press conference.

Although there would be partisan disagreement, Perry urged members of both legislative bodies to work together.

A school finance reform package may not get passed in one session, Perry said, but he would call as many as necessary.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

UPDATE(4/28/2004 9:25am)
The proposed solutions for Texas school financing aren't any better.

UPDATE(5/4/2004 9:07am)
I did some quick 'n dirty educational cost calculations of my own.

UPDATE(5/18/2004 12:21pm)
The special session has ended and no bills were passed.

Posted by drizzten at 05:00 PM | Permalink

Austin is slacking when it comes to taxes

With less than three weeks left to the income tax deadline, Austin is dragging its feet.

According to the makers of Turbo Tax, Austin ranks fifth among America's top 10 tax procrastinating cities.

Other Texas cities also ranked high on the list.

Houston came in first, Dallas was number seven and San Antonio ranked ninth.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

I resent the implication that Americans have a duty to pay income taxes. It wasn't always like this.

My father handles the family taxes through his local contacts in New Braunfels, so all I have to do is send him my forms and wait. And ponder the waste, fraud, misuse, and abuse a portion of my income suffers through.

Posted by drizzten at 01:06 PM | Permalink

Leaders seek federal funding for transportation projects

Almost two dozen Central Texas leaders traveled to Washington D.C. on Monday to discuss transportation issues with U.S. legislators.

The delegation is made up of area business leaders and elected officials who want federal funding to pay for mobility projects that could curb traffic on major roads such as MoPac.

Does this work in reverse? How about forcing people in El Paso to help pay for the winter road maintenance budgets of the northeast states? Knowing scarce resources are being taken away to pay for things most will never have the chance benefit from...then again, considering the thousands of things federal taxpayers pay for and the relative quiet on the limited government front, I wouldn't be surprised to learn most people'd just shrug it off.

Rush hour traffic on MoPac is so thick, in fact, that it drove Susan Pickett to move.

"I found that the traffic was taking too much of my time, so we ended up moving closer to the schools to avoid traffic on MoPac," she said.

"Our congressional delegation needs to understand our priorities here in Central Texas," Austin Mayor Will Wynn said.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

But why go begging to the federal government for local concerns? It would be far more honest if Mr. Wynn toured Texas asking for spare change to go towards Austin's transportation problems.

It would certainly lead to a far more honest outcome.

Posted by drizzten at 12:55 PM | Permalink

Tower Records to close in June

For 13 years, Tower Records has been a source of music for students at The University of Texas.

But the times are changing. More people are turning to the Internet for their music purchases.

"If you can order it online, why leave the house, go to a store and waste your time?" student Adam Cocek said.

"I don't want to waste $15 to buy 19 songs when I only want one," student Ben Hayes said.

"Frankly, I don't think I need to pay for music because the artists are making millions of dollars anyway," said student Rohan Shah.

If he doesn't, then perhaps he'd like to hear an angry homeless person's opinion of his social status as a consumer of higher education in one of America's nicer cities with the money and time to burn to enjoy music...

If you can't beat them, join them -- that's the mindset at Waterloo Records.

The store added iPod listening stations and offers song downloading on its Web site.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

Posted by drizzten at 12:45 PM | Permalink | Comments (2)

[Updates below.]
[This is a repost. Original article lost after the recent server move.]

You can take the survey here. Flex those statist muscles! See what it feels like to just decide to force businesses to adopt the standards you feel they should adopt.

My prior comments on the issue of City-imposed design standards still stand. I oppose this.

I took the survey and left this comment:

If the City of Austin decides to further burden the businesses of this area with additional regulations based on the flimsy premise that the subjective issue of aesthetics is a government concern, the City of Austin might as well drop it's pro-growth lip-service now and avoid the embarrassment of standing proud in hypocrisy.

Posted by drizzten at 01:41 PM | Permalink

Watchdog group reports church to IRS for political rally

A religious liberty watchdog group accused the Westover Hills Church of Christ in Austin of violating Internal Revenue Service rules by allowing the Legacy Political Action Committee to hold a fund-raiser in its sanctuary.

Rob Boston, a spokesman for Americans United for Separation of Church and State, said the IRS code prohibits tax-exempt organizations from intervening in political campaigns.

A member of Legacy PAC, which supports anti-abortion candidates, said the church had nothing to do with the event. Bill Crocker said the PAC rented the church.

Copyright 2004 Associated Press, All rights reserved.
Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

From the AUSCS press release:

In a formal complaint to the Internal Revenue Service today, Americans United asserted that the Westover Hills Church of Christ engaged in illegal partisan politicking by allowing Legacy PAC to hold a Feb. 5 "Call to Victory" event at the church. The meeting featured state Republican Party officials and GOP candidates, and during the event, the PAC collected money for Republican campaigns.

Federal tax law prohibits 501(c)(3) tax-exempt organizations, including churches, from intervening in political campaigns on behalf of candidates for public office.

1. Change the law so it doesn't discriminate between tax-exempt and non-exempt organizations.
   
2. Eliminate tax exemptions entirely and tax all organizations and individuals equally.
   
3. Repeal the Federal Election Commission and the body of law surrounding it.
   
4. Abolish taxation, the IRS, and the body of law surrounding the two.

The partisan character of the event at the Austin church was confirmed by William O. Pate, a local university student who attended "Call to Victory" and drafted a written summary of the meeting. The student's report of the event and documents about it from Legacy PAC's website were submitted to the IRS by Americans United.

Two officials with the Texas Republican Party spoke at the event - party Chair Tina J. Benkiser and Treasurer Susan Howard Chrane. During their remarks, Benkiser and Chrane promoted Republican candidates, including President George W. Bush. Republican candidates also distributed literature and sought votes at the event, which opened with a prayer led by a church elder.

During the meeting, an official with the Legacy PAC announced that he intended to collect $5,000 for Republican candidates in the church that night. Church collection plates were then passed through the pews.

Said the Rev. Barry W. Lynn, Americans United executive director, "I am shocked that politicians and clergy would convert a church sanctuary into a smoke-filled back room. Houses of worship are supposed to focus on winning souls, not winning elections."

The irony of this incident should be obvious to anyone with adequate intellectual capabilities. Americans United for Separation of Church and State, according to their website was founded to educate "Americans about the importance of church-state separation in safeguarding religious freedom." And yet what they've done by reporting this fundraiser to the IRS is to help restrict religious freedom; the freedom of religious organizations and churchgoers to actively use their property and minds to support political candidates that agree with them on the issues they feel are important.

This AU page makes their motives clear to anyone still not on the same wavelength as I:

Houses of worship and religious leaders may address political and social issues, but federal tax law bars most non-profit groups from endorsing or opposing candidates for public office. Churches, temples and mosques must refrain from outright electioneering. It is not the job of religious leaders to tell people which candidates to vote for or not vote for.

Posted by drizzten at 01:43 PM | Permalink | Comments (2)

[Updates below.]

News8Austin is also reporting this, but it's just repeating what is said below. It does confirm that the organization has been looking into the rumors and found no evidence, just like the other news outlets.

Governor speaks out on marital rumors

Gov. Rick Perry, speaking out for the first time about a widely circulated rumor about his personal life and professional future, said Thursday that he has been targeted by "an obvious, orchestrated effort" launched by political foes.

For almost two months, variations of the rumors have swirled around the Capitol, been repeated among friends across the state, been investigated by reporters from around the nation, been gossiped about in Washington and been posted on Web sites that harbor political ill will toward Republicans in general and Perry in particular.

In almost all versions, the main theme has been the same: Perry, caught in an act of infidelity, is headed for divorce from wife Anita, who has moved out of the Governor's Mansion. The rumors also say Perry will resign.

Perry said it's all false.

"This thing got up to a critical mass," he said, acknowledging that the rumors have spread far wider than he has ever seen political gossip travel.

"I don't think a rumor can just get to critical mass by itself," he said. "I think you have to have a well-thought-out, organized effort to disseminate that kind of information and keep it going day after day after day after day."

After weeks of declining to have Perry personally address the rumors, the governor's staff approached the American-Statesman this week and said Perry wanted to respond. In mid-February, Perry referred questions about an interview on the topic to press secretary Kathy Walt. At the time, she said Perry would not respond to unsubstantiated rumor.

Throughout, the governor's staff has branded the rumors as false. Perry himself denied them on camera when asked about them Feb. 17 by a San Antonio television station, which didn't air the question or Perry's response.

Perry declined to point fingers at a particular political foe - and he has some in both parties - but had harsh criticism for Texas Democratic Party Chairman Charles Soechting, who referred to the rumors at a recent political rally.

On Feb. 24 in Houston, at an event featuring then-presidential candidate John Edwards, Soechting was one of several speakers called on to kill time as Edwards ran late.

Several hundred people were in the cafeteria at Houston's Stephen F. Austin High School as Soechting, after making generic political rally comments, referred to an event earlier that day in which a dozen people, carrying signs such as "It's OK to be gay, guv," stood outside the Governor's Mansion and encouraged Perry to address rumors about his sexuality.

"Ladies and gentlemen," Soechting told the Democratic audience in Houston, "I ask you to stay tuned. There's a lot of things happening in Texas. For those of you that know, there's a lot of stuff happening at the state Capitol. And you're going to be excited when you learn more and more about it. So I wish I could tell you more, but I think if you've got someone sitting next to you (who) knows what's going on, just get them to whisper it to you.

"How many of you all know? Raise your hands up. That's right. They had a rally up there in support of the governor today. Some of his friends said, 'Come out, Rick, and we'll support you.' Anyway, it's a good time for us," Soechting said.

Perry said he expects political debate from Soechting. But he excoriated the Democratic chairman for talking publicly about "uncorroborated filth."

Told of Perry's comments, Soechting said: "What crosses the line of everything decent is the utter hypocrisy of Rick Perry injecting his mean-spirited politics into everyone else's personal life while insisting his own personal life is off-limits.

"What is truly indecent is the state of children's health care, public schools and insurance rates under Perry's regime," Soechting said in a statement issued by the Texas Democratic Party.

The article goes on to mention what I posted about previously: the Austin Chronicle and the Quorum Report both found no substance to the rumors. It also mentions Burnt Orange Report (possibly the main driver of the story, and who has responded to the article here), Buzzflash, a man named Jackson Thoreau, MadLife, and Atrios.

Perry had no sympathy for anyone using a we-said-it-was-just-a-rumor defense.

"What's wrong is they have been a Web site that has denigrated the political process, in my opinion, to a great degree," he said. "If the future of politics is this, the future is dismal and dim for Texas, for America, for the political process."

Copyright 2001-2004 Cox Texas Newspapers, L.P. All rights reserved.

In the end, I don't regret posting on this one bit. If we are to have people with the power to alter our lives by governmental dictate, then those people had better be ready for scrutiny, malicious or not.

UPDATE(8/12/2004 5:00pm)
Turns out the New Jersey Governor, James E. McGreevey, has declared his homosexuality and has resigned.

Getting a spike in search hits for Rick Perry. I wonder if that story will hit the national news?

Posted by drizzten at 10:28 AM | Permalink | Comments (1)

[Updates below.]

Skateboarders will eventually have a place to grind

Skateboarding has come a long way since the 1970s, but skateboarders say Austin hasn't come far enough.

The city doesn't have a professional-style public skatepark. Now, skaters go to House Park on Shoal Creek in Central Austin, which they basically built themselves over the years.

"This is really a toy. This facility here is like golfers demanding a golf course and you giving them a Putt-Putt," skater Seth Johnson said.

Skateboarders would like to see Austin build a park similar to San Antonio's new LBJ Skatepark, which cost $613,500.

Johnson created the Austin Public Skatepark Action Committee, a nonprofit partnered with the Austin Parks Foundation.

"Our plans are to make a formal skateboard park in Austin. It's going to take a couple of years," Stuart Strong of the Austin Parks and Recreation Department said.

House Park is about 6,000 square feet, but the new one is proposed to be three to four times larger and will be professionally contracted.

"It will have big concrete bowls, pyramids, rails, ledges and that sort of thing," Johnson said.

The park isn't designed yet, but the city of Austin set aside $150,000 in Janurary. The project should at least $300,000, and so far, skaters have raised about $10,000.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

For those Austin readers who want this project to go through, you can donate a tax-refundable amount to:

Austin Public Skatepark Action Committee
c/o Austin Parks Foundation
701 Brazos Street, Suite 170
Austin, TX 78701
(512) 458-6676.

I support recreational activities and I support skaters. But damn it, don't pay for it using tax money. Go the purer route and truely own the park.

UPDATED 12/5/2005 10:26am
The skatepark is part of the recently reopened Mabel Davis Park. Both have been made available to the public.

Posted by drizzten at 05:35 PM | Permalink | Comments (2)

[Updates below.]

Hospital district issue on May ballot

Whether or not Austin will have a hospital district is now up to Travis County voters. On Tuesday, the county commissioners voted unanimously to put the controversial issue on the May 15 ballot.

Austin is the largest city in Texas that doesn't have a hospital district. Close to 25 percent of Central Texans are uninsured.

So, who foots the majority of the bill when an indigent patient from outside the city of Austin is transported to Brackenridge? Austin taxpayers.

Perhaps not, but it would be a better idea than taxing an even greater portion of Central Texas to cover the healthcare costs of others.

"We have a city asset, that being Brackenridge Hospital, that is a regional asset. So, it's disproportionately being paid for by city of Austin residents. One of the intentions of a health district would cure that," Travis County Commissioner Karen Sonleitner said.

The terminology Ms. Sonleitner uses here is enlightening. It shows at least some respect for the idea of fiscal responsibility: those who use services should be the ones paying for it. Of course, the blanket effect of taxation doesn't quite match the principle.

Last spring, Texas legislators passed a bill enabling the creation of a hospital district. No district tax rate has been approved yet.

City of Austin taxpayers currently pay more than seven cents per $100 valuation for health care. While Travis County residents outside of the city limits pay just more than one cent.

Travis County is already the highest-taxed county in the state and opponents said a district will not save taxpayers money.

I wasn't aware Travis County took honors in high taxation, but it doesn't surprise me that much.

"It doesn't guarantee that our health insurance rates are going to go down, it doesn't guarantee that we're going to get better care and it does nothing about the surrounding counties sending in patients who get medical care on the Travis taxpayer's ticket," Don Zimmerman, with Save Our Taxpayers, said.

Supporters of a hospital district said the need is overwhelming.

"We have overcrowded emergency rooms that threaten our ability to deliver good, quality, trauma and emergency care to people who need it and we have problems with access as a result of the high, uninsured rate that we have in Central Texas," Clarke Heidrick said.

The creation of a hospital district will not change the way indigent patients are treated, but it will change the way health care is funded.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

UPDATE(3/12/2004 4:25pm)
From the, "No Shit!" Department:

Hospital district would increase property taxes

If approved, Travis County residents will pay more in property taxes, matching the level of funding that Austin residents pay.

"If you live in the city of Austin, you are paying far more for the infrastructure that we need in terms of health care than if you live outside the city of Austin," County Commissioner Karen Sonleitner said.

Sonleitner said it's only fair that county residents pay their share. The average county resident property tax bill would increase by $92.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

UPDATE(4/12/2004 4:45pm)
Save Our Taxpayers has a one-page PDF available summarizing its opposition to the plan.

Here is a list of upcoming events relating to this issue the SOT will be participating in:

• April 13th, 12:00 PM - Green Pastures Rest. (on Live Oak), Tax Debate
  
• April 13th, 11:45 PM - 708 San Antonio, Austin Association of Health Underwriters, Tax Debate
  
• April 14th - Radio Ads begin, 590 AM KLBJ, 1370 AM, 970 AM KIXL
  
• April 20th, 6:30 PM - 5315 Ed Bluestein, Men With a Purpose, Tax Debate
  
• April 21st, 12:00 PM - Green Pastures Rest. (on Live Oak), South Austin Rotary, Tax Debate
  
• April 22nd, 6:30 PM - Lakeway Activity Center, Townhall Meeting, Tax Debate
  
• April 28th, 7:00 AM - 590 AM KLBJ, Morning Show with Mark, Ed, Sam --- EARLY VOTING STARTS
  
• May 15th - ELECTION

UPDATE(5/17/2004 1:04pm)
The measure passed and I'm not happy. I may write more later.

Posted by drizzten at 05:23 PM | Permalink | Comments (6)

[Updates below.]

It's been a while since I posted on the Austin smoking ban, so this caught my eye immediately.

Smokeless First Monday not hot for club owners

Under an experimental smoking ban, the first Monday of every month is designated smoke-free in bars that offer live music.

The First Monday ban is only in its second month, but bar owners say it hasn't proved to be a big draw.

"I haven't heard people coming in, going, 'Ah, thank goodness you've got this non-smoking show.' And in fact, when we first opened the club -- I'm a non-smoker -- and I thought, 'Hey, it might be a good idea to have some non-smoking shows,' but no one came to them. We had to stop doing them because no one would come," Beerland owner Randall Stockton said.

Bar owners also say many customers don't know the ban is only in effect one Monday a month and as a result, business is dropping off on other Mondays, too.

A full smoking ban in Austin was set for June, but was postponed by the Austin City Council.

Under the revised ordinance, bar owners must buy a $300 permit each year to allow their customers to smoke.

The First Monday ban could help City Council decide whether to pass stronger smoking bans in the future.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

• To add yet another financial burden on the backs of the live music industry!
  
• To remind those damn capitalists who's in charge here!
  
• To utilize an as-yet-untested revenue stream to feed underfunded city government!
  
• To get these unruly individuals to engage in healthier activities!

UPDATE(4/6/2004 12:55pm)
Now that a few weeks have passed for the bar owners to suffer through the aftermath of this experiment, let's hear what they have to say:

When the city announced it's First Monday program more than three months ago, bar owner Angela Gillen decided to give it a try.

The owner of Flamingo Cantina wanted to reach the smoking and non-smoking audiences.

"They were not really supported by the folks who say they would come out and hear live music, so we were pretty disappointed in that aspect,? Gillen said. "It's more difficult to get some of the bands to agree to perform because they realize it's going to affect their audience.?

Thirteen bars and music venues participated in the experiment. Most are seeing the same results. First Monday gives customers a feel for bars without the smoke. Business owners just hope it's not a preview of bars without customers when the city's smoking ban takes effect this summer. The city plans to make a final decision on First Monday's future after the trial period ends in July.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

UPDATE(4/21/2004 4:27pm)
The ban, initially scheduled to take affect on May 1st, has been posponed:

The city of Austin's new smoking ordinance will likely be postponed a month until June 1. The main reason is to give restaurants more time to show they've improved their air quality.

Dan McClusky's owner Steve Batlin lucked out. His restaurant has always had a separate room for non-smokers and smokers.

"I really don't think it's necessary. I'm a non-smoker myself. I think it's coming," Batlin said.

The new smoking ordinance is coming, but now it may be one month later. Before they get a smoking permit, restaurants must show they have dual ventilation systems. Lots of business owners installed them to meet the previous ordinance, but the city didn't keep a list.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin

UPDATE(6/1/2004 11:06am)
Austin Smoking Ban in Effect Today

UPDATED 5/9/2005 9:03am
The Additional Tyranny - The New Austin Smoking Ban Passes

UPDATED 8/30/2005 1:51pm
Deadline for the Austin Smoking Ordinance

Posted by drizzten at 05:04 PM | Permalink | Comments (4)

I wrote about the City of Austin's authoritarian impulse in the past. Doubt I'll have any less to write about in the future.

City council proposes design standards for new businesses

City leaders want future retail buildings to be more aesthetically pleasing.

Austin City Council passed a resolution Thursday afternoon that would allow city planners to come up with guidelines on how new commercial buildings in Austin should look.

"A national retailer can come in and build their bottom-of-the-barrel design, which is usually a blue, drab concrete wall design," council member Brewster McCracken said.

Council members want to work toward establishing design standards on how the façade of retail buildings should look. A standard could require structures to include better landscaping, more windows or construction materials of a higher quality.

"Austin has the lowest standards of any city in the region. We're just trying to get out of last place," McCracken said.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin