Mike Madigan’s Defamation Per Se

An open letter to Mike Madigan, tea party activist and former candidate for Congress.

Dear Mr. Madigan:

On November 26th, you published two items to your Twitter account, reproduced and linked-to below:

Please be advised that these Tweets are patently false, misleading, and defamatory.

Specifically:

1. I am not “obsesed w” [sic] or “stalking” Kathy Weppner or any member of her family. “Stalking” is a crime in New York, and in accusing me of committing this crime, your defamation is actionable per se.

2. I did not take “her name”; i.e., I am not the person behind the @kathyweppner4ny Twitter account, nor have I started or maintained any Twitter account to parody or otherwise comment on Kathy Weppner or her campaign. More to the point, there is not a single syllable that I wrote or spoke about Kathy Weppner that was not done under my own name.

3. “Bullying”: Weppner was a candidate in an adversarial election, and under no circumstances did I “bully” her. Unless you believe that using Weppner’s own words and beliefs against her within an electoral context is “bullying”, in which case we might have a fun time examining your past pronouncements.

Furthermore, like stalking, harassment is a crime in the State of New York, and accusing me of same is also libel per se. I have not gone after Weppner’s family in any meaningful way, and I was not the person who captured images from her childrens’ apparently open Facebook accounts in order to criticize them.

I am not @kathyweppner4NY, and I have committed no crime. Although I am arguably a public person, you accused me of “taking” Weppner’s “name” via that Twitter account with no proof whatsoever of that fact.  You didn’t even bother to ask. Under the law, you made your false statement of fact on that point with actual malice; i.e., with reckless disregard to its truth or falsity.

I tried to respond on Twitter, first with anger, then with humor, but you have chosen repeatedly to ignore me, so I find myself forced to make this demand.

As such, demand is hereby made that you immediately delete the aforementioned Tweets, and issue a retraction to your followers. If not removed before December 16th, I reserve the right to take any further action I deem necessary, including, but not limited to, seeking compensatory and punitive damages.

Should you have any questions or concerns, please contact me directly.

(The foregoing was sent to Mr. Madigan yesterday by email and via Facebook message. I have not heard back, but he promptly blocked me on Facebook, indicating receipt.)

The United States of America is the Most Tolerant Nation in the World

The United States of America is the most tolerant nation in the world.

  • We tolerate the highest number of homicides among industrialized nations.
  • We tolerate growing and harmful inequality.
  • We tolerate black on black crime.
  • We tolerate white on white crime.
  • We tolerate citizen on citizen crime.
  • We tolerate ignorance.
  • We tolerate racism. 
  • We tolerate violence.
  • We tolerate our crumbling infrastructure.
  • We tolerate mistreatment of veterans.
  • We tolerate poverty, and blame its victims.
  • We tolerate endless wars in Asia.
  • We tolerate sexism.
  • We tolerate female income inequality.
  • We tolerate cultural stereotypes.
  • We tolerate xenophobia.
  • We tolerate anti-Semitism.
  • We tolerate discrimination and hatred cloaked in the mantle of “religious freedom”.
  • We tolerate religious persecution.
  • We tolerate religious discrimination and violence.
  • We tolerate homophobia.
  • We tolerate rape and the rape/bro culture.
  • We tolerate everyone’s guns.
  • We tolerate outrageous and ridiculous CEO pay.
  • We tolerate homelessness.
  • We tolerate poverty.
  • We tolerate the erosion of the labor movement.
  • We tolerate the erosion of the middle class, which built this country.
  • We tolerate the deification of the super-wealthy as “job creators” who are above law and policy.
  • We tolerate people not having access to health care.
  • We tolerate our idiotic, wasteful health “insurance” system.
  • We tolerate truancy.
  • We tolerate the assault on public education.
  • We tolerate religious fanaticism.
  • We tolerate government overreach.
  • We tolerate governmental corruption.
  • We tolerate do-nothing incumbents, year after year.
  • We tolerate unlimited money in politics.
  • We tolerate hate speech and hate radio.
  • We tolerate the dictatorship of the bureaucracy.
  • We tolerate institutional reluctance to modernize and change.
  • We tolerate not being the best at things, and we tolerate not caring about it.
  • We tolerate economic and political theories long proven to be nonsense.
  • We tolerate cops killing unarmed people for minor offenses.
  • We tolerate government violence and police brutality.
  • We tolerate segregation.
  • We tolerate the privatization of essential public services.

Like I said, America is the most tolerant place in the world. We need to stop using that word as something positive.

When used in that context we mean to say, be nice to one-another. Don’t discriminate or be hateful. But that’s a given. We should replace the wishy-washy trope of “tolerance” with “kindness” or “acceptance” if not silence.

For instance, if you do a Google image search of “tolerance”, it’s replete with pictures of the “COEXIST” bumper sticker, and people being kind to others. No one is urging anyone to be tolerant of the list shown above.  “Tolerance” of terrorism, assault, or murder isn’t on the table.

We should aspire to be more than – better than – just “tolerant” of people’s differences, but embrace the good and combat the bad – together.

Stop being so damn tolerant. Start being kind and just.

#BlackLivesMatter

Oh, hey. It’s been a banner week for cops killing unarmed black people. First a grand jury in Missouri refused to indict Darren Wilson, who shot and killed an unarmed kid last summer from 150 feet away, and yesterday a New York grand jury refused to indict Daniel Pantaleo, the police officer who killed an unarmed Eric Garner on Staten Island.

Let’s not forget the 12 year-old who was “open-carrying” a pellet gun, who was shot by a cop in Cleveland before he could so much as say, “stop” or “hands up”.

Unlike the case of Michael Brown, which raised much uncertainty due to the he said / they said nature of the evidence, the homicide of Eric Garner was captured on video.

Here it is.

I heard some people on the radio Wednesday talking about how Garner had a long rap sheet.

So?

Garner was a city employee – he was a horticulturalist for the city. His rap sheet wasn’t for anything violent. It was for selling loose cigarettes and vehicle and traffic law issues. He was married with 6 kids. He was a man. He was a human being. He wasn’t a thug or any other epithet you can muster.

Garner was arrested while standing on a sidewalk. Seriously, that’s something you get arrested for? That’s not a ticket? Anyhow, Garner was standing on the sidewalk when police approached him, and he said, “I was just minding my own business. Every time you see me you want to mess with me. I’m tired of it. It stops today!” After the cops tried to subdue Garner, and after he told the cop holding him in an illegal chokehold that he couldn’t breathe, Garner died.

Died. He died because he was standing on a sidewalk, and cops thought he might be selling loose cigarettes.

The video shows the whole thing.

How about now? Now is it ok with you if black people are angry and upset? Tell me more about how black people are supposed to trust and cooperate with law enforcement. Don’t try and change the subject to “black on black crime” this time – it was irrelevant then, and it’s irrelevant now. This isn’t about a neighborhood beef – this is about violence taking a life under color of law; this is a fundamental civil rights issue.

You want to go on Facebook or elsewhere and bitch about how racism is over, or how there was no racism before Kenyan Muslim Usurper n0bummer got into office?

Here are white people pointing assault rifles at federal agents. None of them went to jail, no one was arrested, no one was shot and killed on sight.

Now, I don’t know whether the cops in New York intended to kill – much less harm – Eric Garner, but that’s what happened. Cops are allowed to use reasonable force to do what they need to do – protect themselves, protect others, or subdue and arrest a suspect. Was the chokehold in this instance “reasonable force”? Could some other method have been employed to subdue and arrest this man who was standing on the sidewalk? This is why we have trials. But if a grand jury doesn’t bring an indictment, you won’t have a criminal proceeding.

And even when you do have a criminal proceeding against a cop who needlessly kicked a handcuffed, prone suspect repeatedly in the head, the cop gets away with a slap on the wrist. In Buffalo.

Should Garner have simply gone with the cops and not resisted? Sure, that would have been swell, too. But he resisted, so the police had the right to use reasonable force to arrest him. They did not have the right to end his life, however.

Don’t touch me, please. I can’t breathe.

A trial. That’s all that was on the table – arresting the officer and requiring that he answer for this homicide. Grand juries – secret law enforcement proceedings – are not where these things should be adjudicated.

There’s some consolation in the fact that the Justice Department is looking into this case, and the family will bring a multi-million dollar lawsuit against the cop and the city. But none of this can undo something that never should have happened.

Here’s the kicker – unlike high school graduate Michael Brown, who had enrolled in college – Garner couldn’t be accused of being violent or belligerent. In fact, just moments before he was killed, he had broken up a fight. He was a peacemaker. (By the way, even if it’s true that Michael Brown had cursed at a cop, it’s not a crime to curse at a cop.) From the Daily News,

But Esaw Garner and other family members said it was a trumped up claim.

“They’re covering their asses, he was breaking up a fight. They harassed and harassed my husband until they killed him,” she said. Garner’s family said he didn’t have any cigarettes on him or in his car at the time of his death.

She said she pleaded with police at the hospital to tell her what happened, but they brushed her off.

“They wouldn’t tell me anything,” she said.

I don’t think the cop on Staten Island was racist, and I don’t think he killed Eric Garner because he was black. But black lives matter, and the system should work for you no matter what your skin color.

The quip about grand juries being able to indict a ham sandwich has to do with the fact that the grand jury process is controlled completely by the District Attorney – if they wanted an indictment, you bet your ass they’d have gotten it. People in New York and Missouri are scratching their heads, wondering why these particular homicides don’t even merit a trial.

Just a trial.

The police are not above the law. A little justice isn’t too much to ask, is it?

BREAKING: Erie County Legislature Does its Job

Logo_ErieCo_tpKudos to the members of the Erie County Legislature for acting like grown-ups (for the most part), and reasonably negotiating a 2015 budget that will lower the tax rate to under $5.00/$1,000 of assessed value, and ensuring that cultural and library funding remains in place.

The Republican majority trimmed about $2 million from County Executive Mark Poloncarz’s original budget proposal, and $300,000 was added to protect culturals.

There was some acrimony at the start of the session, with the Democratic minority complaining that the Republicans had not provided a breakdown of its proposals to them in advance. The session likely took longer than it needed to because of that, but in the end the budget was passed unanimously.

I’m still of the opinion that county government, whose main job is to act as a pass-through for state funding, is superfluous and unnecessary.  Abolishing county government is something I’ve been talking about since the budget crisis from the last decade, but it’s no less relevant now. The vast majority of what the legislature does is mandated and ministerial. Do we need this entire stratum of government to debate the small percentage of stuff that’s discretionary?

Protests and Riots, Same as it Ever Was

In the week since a Missouri grand jury returned no indictment against Darren Wilson, the killer of Michael Brown, a lot of whitesplaining has taken place, mostly from non-lawyers who deliberately or ignorantly misapprehend what a grand jury is and how it works. That’s before we get to Darren Wilson’s unvetted story.

Here are three facts: there was no trial, there was no verdict, and Darren Wilson was not found innocent, much less “not guilty”.

In that time, there have been protests both peaceful and violent, and I’ve seen many commentators dismiss the rioters as “animals” and “thugs”, or worse.

Rioting, however, doesn’t happen in a vacuum.

From the Buffalonian, via Reddit, here is a summary explaining why African-Americans on Buffalo’s East Side rioted in the summer of 1967.

A preliminary report

Looking at and considering the reasons why people riot isn’t the same as excusing it or condoning it. But if we want to stop violence like that from happening again, perhaps we – as a society – could consider what’s working, what isn’t, and why the problems identified in 1967 persist so pervasively to this day.

The Ferguson riots didn’t happen in a vacuum. It doesn’t matter anyway, because even when African-Americans have the audacity to protest peacefully – whether in Buffalo, Los Angeles, or St. Louis – there will be white people around to remind them that they’re being uppity, and that it’s not at all their place.

Which is it? That they should protest peacefully, or that they should STFU and not protest at all because a “jury” reached a “verdict” that Wilson was “not guilty”?

People in Ferguson were angry there won’t be a trial. Courtesy of PBS Newshour, here is why there should have been a trial. Not a guilty verdict – just a trial.

Maybe that’s why people in Ferguson reacted violently – years’ worth of frustration, sparked by apparent and perceived injustice.

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Click to enlarge

 

Dino Fudoli: Leadership

dfThis is an astonishing interview from an elected official, where he talks over the anchors, gets upset, and calls everyone who got stuck in the Snowvember storm “irresponsible”.

The first thing you’ll notice is that Dino Fudoli talks really, really fast. The next thing you’ll notice is the astonishing content of what he has to say.

LET THE FREE MARKET MELT THE SNOW!

But seriously, this is what you get when you elect someone to government who thinks that government is “the enemy“.

Paladino Gets Cuomo Back

Remember last week, Cuomo trolled Paladino by using a picture of Paladino’s snowbound home to raise money for local charities?

It was, on its face, harmless – no one was attacking or criticizing Paladino, and not all that many people realized it was his house.

So, Paladino sent an email around, entitled “This Westchester House”, featuring a picture – poached from the New York Times – of Andrew Cuomo’s Mount Kisco manse:

This Westchester House - buffalopundit@gmail.com - Gmail - Google Chrome 2014-12-01 14.16.43

 

Of course, Paladino had to take a political swipe at Cuomo. It’s Carl being Carl®.

UPDATE: Don’t forget that Carl’s candidate, Astorino, only released one year’s worth of tax returns when he ran for governor this year.

Andrew Cuomo, by contrast, has released every single tax return he’s filed going back to 1992.  To answer Carl’s question re: “walk[ing] the walk”,

Mr. Cuomo reported $16,000 in charitable contributions, more than 4% of his income. All went to HELP USA, the affordable housing nonprofit he founded.

Carl Paladino never released a single year’s worth of tax returns when he ran in 2010.

What’s Up, Larry Quinn?

Courtesy of Sean Crowley at the B-LoEdScene blog, Larry Quinn made an ass of himself during a recent Buffalo Board of Education visit to the beleaguered Lafayette High School. Carl Paladino, of all people, comported himself professionally and respectfully, and stayed after the visit to try and smooth things over, leading to an unexpected thank you call from the Buffalo teachers’ union boss, Phil Rumore.

Quinn was reportedly dismissive and rude to teachers and staff at the school, and Crowley contrasted Paladino’s reputation with Quinn’s,

…now that we’ve seen Quinn’s petulance — saying of the faculty “I only came here as a favor to Carl I didn’t want to meet with these clowns” his disdain for working people, calling teacher leader Pat Foster “an idiot” you can be sure Larry will make some half hearted obligatory attempt to reign in his tongue. But we all know better. A guy like Quinn is not going to negotiate these waters with grace or skill. He’s going to be spending a lot of time out of his boat getting bounced around in the rapids. The peek he gave Buffalonians of his true self at Lafayette is just the beginning of Larry Quinn’s unraveling. Carl tried to apologize away Quinn’s boorish antics when pressed about it by a news reporter. He admitted Quinn was rude and unprofessional in his dealings with school officials and teachers. He then tried to slip a card from his sleeve hoping nobody would notice describing the performance as “a bad hair day.” He should have said “That’s just Larry Being Larry.”

and from the News’ account,

Teachers also said Quinn acknowledged attending the meeting only out of respect for Paladino, who had asked him to come, and even said to Paladino, “Why would I want to go there and talk to those clowns?” He also reportedly referred to a teacher and BTF representative who had left the room as an “idiot.”

Finally, Quinn questioned [Principal Naomi P.]Cerre’s leadership in front of her staff, pointing out that the district clearly has qualms about her leadership since the administration did not grant her tenure this year, instead only offering her an extension of her probation.

 

Even Carl Paladino was embarrassed,

Paladino, however, did not disagree with Rumore’s account of what transpired and agreed that Quinn’s behavior was “rough” and “harsh.”

“It wasn’t pretty,” said Paladino, who described Quinn’s behavior as an exercise in self-induced frustration. He added that Quinn’s remarks were not badly intended and chalked up his behavior to “having a bad hair day.”

After Quinn left, Paladino said, he stayed behind and worked to smooth over hurt feelings. That earned him a thank-you call from Rumore – a first-of-its-kind event for two men with a history of animosity.

Paladino said he was so surprised to hear from Rumore that he initially thought someone was pulling a prank on him and demanded to know if it was really the BTF president on the phone.

Rumore said he was genuinely appreciative that Paladino listened to Lafayette’s presentation in a thoughtful and open-minded manner.

What bizarro world is this?

“He actually was there to listen,” he said, “and the teachers felt he was really interested in what they had to say.”

Wha? After the News pressed Quinn on the matter, he gave a classic ‘sorry, not sorry’.

“If I offended anybody, then I was probably stupid because I know we’ve got a big fight on our hands with people who don’t want to change anything,” Quinn said. “So it’s my fault. My point is, I should be smarter than that.”

Well, you were elected to be smarter than that, so your conclusion is spot-on. You were elected to be a trustee for the school district, and these people may be answerable to you, and they may be employees of the entity you serve, but they’re fallible human beings who are doing their best under difficult circumstances.  One thing they probably don’t need is a preening, monied, rookie know-it-all to tell them all how badly they all suck, and how they’re all idiots.

Quinn signed up for a job that puts him in the same damn boat as all of those teachers, students, and administrators.  If he doesn’t like they way others are rowing, then he should take the oars himself.

Lake Effect Ice Cream Holiday Gift Packs

Every year, my friends at Lake Effect Ice CreamLEIC do a special holiday bundle featuring four extra-special, one-off pints for pick-up in mid-December. If you order before this Friday December 5th, you’ll get a special bonus gift (could be a poster, could be a gift certificate, could be your own bespoke flavor).

Order now at this link: http://mkt.com/lakeeffecticecream

Pickup dates and times are as follows:

-Thursday, December 18th from 4-8pm
-Friday, December 19th from 5-9pm
-Saturday, December 20th from 9-3pm.

This year’s flavors sound incredible:

The Nog
Extra sweet cream, fresh nutmeg and Vietnamese Cinnamon, blended with Bulleit Kentucky Bourbon Whiskey. A hint of spiced rum gives it a little extra “warmth.”

S’mores and Hot Chocolate
Hand toasted marshmallows and chocolate chunks with bits of Platters’ milk chocolate-crusted cinnamon and sugar graham crackers, swirled into Lake Effect’s amazing Frozen Hot Chocolate Ice Cream.

Chevre and Figgy Pudding
The ice cream for the core of this flavor is a unique, ultra-rich, chevre ice cream. The true star of this flavor, however, is Lake Effect’s brown sugar and butter sauce that they blend together with freshly pureed black mission figs.

Candy Cane Parfait
A creamy and delicate peppermint cream ice cream, with folded-in small pieces of candy canes. Lake Effect then created a house-made candy cane syrup to use in between the ice cream layers in each pint. All pints are packed parfait style with their syrup between the layers. Last, each pint is topped with a dusting of crunchy candy cane pieces.

Order today!

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