Author: buffalopundit

Weppner Vetted

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When right-wing fascistic talk radio intersects with real-life electoral politics, it usually shines a bright light on just how repugnant the ultra-right tea party is. It isn’t always elections that do it – for instance, Rush Limbaugh’s national sponsors began abandoning that drug-addled ship when he viciously attacked female activist Sandra Fluke. 

Forget, of course, for a moment that insurers pay for Cialis and Viagra, but the predominately male, Caucasian, baby-boomer, “me-Generation” types who populate hate radio in America are outraged – OUTRAGED – that insurance might pay for contraceptives to prevent the natural outcome of Viagra usage. 

And so it is that Kathy Weppner, a former host of an unlistenable train wreck of a hate radio show, is being asked to answer to a wider audience for a lot of the racist, nativist nonsense that she used to espouse and regurgitate to like-minded resent-porn enthusiasts, with impunity.  When she announced, I wrote that Weppner: 

… is not only going to be a tea partier, but is – quite literally – a low-information WBEN caller. “Kathy from Williamsville” is going to take her fact-free jingoism on the campaign trail. She is a walking, talking anti-Obama chain email, and anyone reporting on her should be sure to haveSnopes queued up on their mobile browsers. Seriously – there will be no point covering her campaign if you’re not able immediately to vet her pronouncements and cross-examine her on the inevitable fabrications and fantasies she’ll discuss. After all, she has a list of known communists, doesn’t seem to be ready or willing to represent Muslim residents of the 26th (hint: it’s the primitive blood lust), has declared “white guilt” to be “dead”, warned against a hyperinflation that never came, and – like Ronald Reagan – opposes Medicare. 

 The Buffalo News’ Jerry Zremski queued up Snopes and went through her on-air and online pronouncements. I won’t examine the entirety of Zremski’s thorough article here; it speaks for itself. But consider these points: 

1. Weppner refused to be interviewed for the Buffalo News’ article; instead, she would only answer emailed questions. If a candidate for federal elected office cannot muster the courage or mental fortitude to be interviewed by the singular local paper covering her district, she’s fundamentally unqualified for public office of any kind. 

2. She – or someone acting on her behalf – went through her “Straight Talk” website with a fine-toothed comb to remove any odd nonsense and otherwise to sanitize it for a wider audience. Her problem is that the internet doesn’t forget, and the Waybackmachine holds all the embarrassing secrets she sought to expunge from her record.  I’ve written a lot of profane nonsense over the last 10 years, but I haven’t hidden a word of it. If you’re going to take a political viewpoint – even a controversial one – you defend it. You don’t run and hide from it when the rubber hits the road. She cannot defend her views. The expunged parts of her website are precisely what endeared her to the white omniphobes who support her for election. Now she’s trying to poo-poo them all away – all of her treasured opinions about the un-American, Muslim foreignhood of Barack Obama, all of her ridiculous nonsense about Islam being a genocidal religion, all of her promotion of Stepin Fetchit minstrelsy bullshit. Also, socialism on the march!

3. Birtherism – she can run, but she can’t hide. When it mattered, Weppner hosted lunatic birther Orly Taitz on her radio show and promoted her as a serious person. Now she says she acknowledges Obama’s legitimacy, but back then, she took a brown-skinned man with a funny name and single mom and assumed he was part of some half-century-long conspiracy to place a foreign-born person as POTUS. 

I believe, at that time, Mr. Obama’s submission of a ‘short-form’ birth certificate was a topic of conversation nationally as there were many lawsuits attempting to see his long-form birth certificate. I found it interesting that there was such resistance to produce this when it should have been simple. Mr. Obama Is our President.

The demands for the long-form birth certificate were an unprecedented, racist troll. Do you always take the bait and feed the trolls? 

4. Back to the minstrelsy – when asked about a blatantly racist opinion piece about “White Guilt”,  

Asked if she saw that language as racially insensitive, Weppner replied: “I find your question as insulting as the stereotypes printed in this Philadelphia Inquirer editorial titled ‘White Guilt is Dead.’ …I was surprised the Inquirer printed this. Did you pose the same question to their editors?”

Weppner deleted the “White Guilt” article from her site so recently that it still appears in Google’s cache. (It was still online on March 4th). She did not add any commentary to it – she didn’t question the appropriateness of the racism in that article, or query why the Inquirer printed it. She regurgitated it – verbatim – in its entirety. She endorsed it. Nice try. 

Weppner that very special confluence of hatred, bigotry, ignorance, & stupidity. She is, simply put, the prototypical, perfect tea party candidate. To that point, she’s still at it – uncritically regurgitating whatever conspiratorial nonsense she picks up from dubious sources: 

“Should I assume the NEWS supports the Obama administration’s new proposal to have the federal government investigate and monitor how newsroom editors decide topics and how topics affect policy?”

Asked about that purported policy, Debra Gersh Hernandez, spokesperson for the Reporters Committee for Freedom of the Press, said: “I have no idea what she’s talking about.”

No one does. No one has any idea what Kathy Weppner is talking about. She is the tea party’s excreta, and she’s running for Congress. 

High Speed Rail to New York

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Google Maps says it’s 408 miles from Niagara Falls to New York City. It should take about 6.5 hours to drive. Unfortunately, taking the train takes 9 hours – if you’re lucky. Amtrak shares almost all of the railway west of Albany with freight operators, and freight has the right-of-way, so it’s not uncommon for passengers to spend an interminable wait outside of Rome, for instance. 

Paris to Marseilles is 480 miles, and is about a 7 hr drive. The TGV (Train a Grande Vitesse) takes 3 hrs 15 minutes. 

The Acela corridor connecting Washington, New York, and Boston is the only nominally high speed rail line in North America, and only parts of the track are capable of accommodating real high speeds. 

The New York State Department of Transportation is planning a high-speed rail corridor between New York and Niagara Falls, called the “Empire Corridor”. There had been a public comment period that no one knew about, so it’s been extended until April 30th. There are several alternatives being considered: 

Base Alternative – Improvements to the existing right-of-way, new and redeveloped train stations, high-level boarding platforms, and 20 miles of new track, signals, and track improvements, such as grade crossings to enhance safety, security, and convenience.

Alternative 90A – New train sets, locomotives and coaches, and 20 more capacity and station improvement projects in the existing right-of-way.

Alternative 90B – All Alternative 90A features plus station improvements and construction of more than 300 miles of track dedicated to passenger rail.

Alternative 110 – All Alternative 90A features and 325 miles of new dedicated passenger rail track.

Alternative 125 – Entirely new 247-mile corridor connecting Albany and Buffalo, requiring construction of a separate right-of-way for passenger rail service and sections of elevated track to bring passengers to stations or freight to customers and freight yards. New service would stop in Albany, Syracuse, Rochester, and Buffalo, where travelers could change to local trains.

By my way of thinking, if you’re going to do something, do it right. I would prefer 125 or 110 and ensure that passenger rail is efficient and reliable. Alternative 125 would allow for about 15 – 20 trains per day reaching average speeds of 77 MPH and a top speed of 125 MPH. The current top speed is 79 MPH, and that’s what the base alternative would maintain.  Under alternative 110, the travel time would be about 7 hours and would cost about $6.25 billion. Under alternative 125, the time would be 6:02 and would cost $14 billion. 

There had been an earlier alternative that would have allowed average speeds of 120 MPH and top speeds of 220 MPH – TGV speeds – but implementation would have been $40 billion. 

The form to comment is located here. 

Good Riddance, Fred Phelps

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A busy week with late nights, so posting has been regrettably light. So, with the weekend approaching, I leave you with these thoughts: 

1. While Mark Croce may have a right to charge up to $75 for a day’s worth of parking at the corner of Blight and Squalor, Buffalo is not a $75-per-day parking city. We don’t have a parking shortage, nor do we have any particular need to restrict access to our downtown, so something like Uber’s “surge pricing” – something else we don’t have in Buffalo –  is a ridiculous notion.

The barrage of counterarguments from people upholding the right to cheat tourists was astonishing.  Airline fares! Hotel rates! Well, sure. But Croce’s lot was charging 1500% more than a regular Thursday, and double to triple its usual “event” rate. “They could just drive around” is the method suggested for tourists unfamiliar with downtown Buffalo to find something else. True, I guess – that’s should maybe be our local tourism slogan to replace “For Real” or “Sense of Place”.  “Just Drive Around a Bit” that doesn’t make an outrageous markup any less so. Most of the lots – including the FN Center’s own directly across the street from the arena – were $20 for the day. If you were willing to walk a bit, they were less. But part of that “choice” is predicated on you being somewhat familiar with where you are and how to get around. I can’t imagine why anyone would pay $60 to park outside in the Buffalo snow, and the law might not consider it to be gouging under the law, but I think it’s someone taking unfair advantage of visitors who simply don’t know that $60 is an outrage to park around here. Or that we have plenty of other choices. Or that we have a Metro Rail. I argued about this with people on Twitter, and was truly surprised by the number of people defending Croce’s right to charge whatever he wants. Well, sure, I guess. But does that make it right? Or does your humanity, good neighborliness, and sense of fairness demand that visitors not be gouged by a greedy millionaire? Welcome to Buffalo! If the government doesn’t rob you, our business oligarchs will. 

But seriously, if it costs less to eat the ticket you get from parking in a “No Parking” zone than in one of Croce’s lots, the rules of “basic economics” are out the damn window. 

2. Last night the Blue Bash to celebrate the 2014 Undy 5000 and the Colon Cancer Alliance was held at Artisan Kitchen & Baths. While colon cancer is the 2nd deadliest cancer in America, affecting thousands of people every year, there’s such a phobia and stigma attached to it that people are dying needlessly. Early detection is the difference between life and death; survivor and victim. My wife is a cancer survivor and we are raising money for the CCA to help its mission, part of which is to provide free colonoscopies to people who cannot otherwise afford them. Please consider donating anything you can at this link. 

3. Looks like a lot of local school districts – Orchard Park, Ken-Ton, Depew, Cheektowaga, Sweet Home, and Buffalo, to name a few – are undergoing the same gut-wrenching budget crisis this year that Clarence underwent last year, and there’s more on the horizon.  When Clarence’s budget was in trouble last year, the board tried to pass a 9% increase to maintain the status quo. The vote failed, and the curriculum was gutted and electives were eliminated. Some in WNY pointed and laughed. Sprawly, tax-averse Clarence kids got what they deserved, some argued. Well, the hurt is getting spread around while Clarence’s crisis appears to be over. If we can’t adequately fund our schools and instead prioritize things like handouts to businesses and pothole repairs, then our priorities are beyond screwed up.

Welcome To Buffalo, You Philistines

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WINTER

By Patrick Blake via the AV Photo Daily Flickr Group

I literally cringed while I read this. Not figuratively – but “for real”. 

The title of the piece itself is cringeworthy in its clumsiness – “Welcome to Buffalo, folks, you’re in for a nice surprise”. People will be swarming into town to watch the basketball.  Many of them have never been here. Certainly some are thinking, “Buffalo? Really?” For those reasons, I wouldn’t at all blame the local convention & visitors’ bureau from retaining the services of an ad agency to develop a slick handout to direct NCAA spectators to places and things to do whilst not watching the basketball. 

But the Buffalo News’ most insufferable nominal columnist, Donn Esmonde, couldn’t resist getting into the act. Knowing Buffalo, I wouldn’t at all be surprised if they took today’s column and reprinted it in the “welcome to Buffalo NCAA people” brochure. Esmonde can’t help himself – he is a scold even when trying to put a welcoming face on an embarrassing downtown.  And it reads like a 7th grader’s book report. 

Congratulations, NCAA visitors. You have drawn the long straw, hit the proverbial jackpot. An extended weekend in Buffalo may not seem like an ideal destination. Yet what awaits you is not just a basketball-filled 72 hours, but a journey of discovery.

Welcome to Buffalo, the best-kept civic secret in America. By the time you leave Sunday, you will have been enlightened, transformed, rebirthed and metamorphosed. OK, maybe we can’t promise a complete epiphany. But we can guarantee you a good time – and I suspect your perception of our city will change for the better.

The set-up here is interesting because it jokingly oversells what these visitors are going to experience, which is somewhat limited in scope.  They’re not coming to Buffalo to come to Buffalo, they’re coming here for the basketball, to eat food, drink beverages, and to sleep.  Everything else – wings, Falls, transformation, enlightenment, rebirth, metamorphosis – is secondary. Maybe tertiary. 

They don’t call it the City of Good Neighbors for nothing. Here is the happy convergence of quality of life, culture and history, wrapped around a smaller-city, Midwestern-style bonhomie. You will have no problem soliciting dinner suggestions from locals or driving directions – which may include a simple “follow me.”

Yet the games will be played at the First Niagara Center in the cold. The radius of walkable destinations between games is limited, and it’s more likely that people will end up at the Buffalo Creek Casino than diving in head-first into our “bonhomie”. 

Hope springs eternal for the heads of cultural institutions, but few hoops fans will spend their spare time perusing Picassos at our art museum, checking out our Olmsted-designed parks system or marveling at our collection of Frank Lloyd Wright masterpieces. So we will stick to visitor basics: Food, drink, what makes Buffalo special and What to Do on Game-Free Friday.

That’s actually pretty self-aware. Esmonde is right – they’re not here for parks (the temperature will be quite cold this weekend) or architecture. They’re here for the basketball.  

Esmonde goes on to discuss the Buffalo wing and our very late last call, pointing out Chippewa Street as our binge-drinking strip of note.  He also gives an approving nod towards the dram shops on Allen. Then…

Buffalo is no Styrofoam Sun Belt burg, and downtown drips with character – much of it visible from the Metro Rail cars ferrying fans to the arena. The reddish-orange, terra cotta 1896 Guaranty Building was one of America’s first skyscrapers. The invention of structural steel made possible Louis Sullivan’s masterwork and enabled the vertical growth of cities.

The yellowish dome of the M&T Bank building is actual 23.75-carat gold leaf. The last roof regilding cost a half-million dollars, so don’t try this at home.

Up the block from Lafayette Square, the art deco City Hall poses a broad-shouldered, “bring it on” challenge to whatever (yes, we get a little snow) blows in from Lake Erie.

Hey, visitor from the Sun Belt – please allow our glib, local asshole of a part-time columnist to denigrate where you live! Ha ha! Welcome to Buffalo, folks from New Orleans, Orlando, Miami, Phoenix, Albuquerque, Dallas, Houston, Los Angeles, San Diego, Tucson, and other “Styrofoam Sun Belt burgs”! On the one hand, it shows me that Esmonde is a horrible traveler, if he goes anywhere at all other than his suburban sprawl home in Florida. Each and every one of the aforementioned cities in the “Sun Belt” are drenched with culture. It might be different from that we have in Buffalo or the Northeast, but it’s worth finding and is no less fascinating than some dreary history lesson about scooping grain or working in a steel mill. It takes interest and effort. 

How deranged do you have to be to puff your city by denigrating someone else’s? 

History doubles-down barely a court-length from the First Niagara Center doors. The pedestrian bridge at Buffalo River’s edge – near the World War II destroyer USS The Sullivans – spans the Erie Canal’s western terminus, where DeWitt Clinton in 1826 opened the waterway that transformed America.

The hulking grain elevator across the river is a remnant of the Great Lakes trade that built Delaware Avenue’s “millionaires’ row” of mansions. Hang a right when leaving the arena to find handful of bars and restaurants, tucked into canal-era buildings in the revived Cobblestone District. And yes, visiting Milwaukee fans, we haven’t – unlike you – taken down our elevated, waterfront-stifling Skyway (yet).

Again. Visitors don’t give a shit about the Skyway. They don’t care why it’s there, why it’s not taken down, or anything of the sort. The Skyway is certainly an eyesore, but it and the elevated 190 – on or under which visitors will have to tread to get to the First Niagara Center –  isn’t the sine qua non of Buffalo’s downtown decline. If you’re writing this for visitors, keep our civic debates out of it. No one cares. “Where” Magazine in your hotel room isn’t replete with civic debates about elevated highways, but food, drink, shopping, and attractions. 

There is natural wonder, as well. The partly frozen splendor of Niagara Falls is just a 25-minute drive up Interstate 190. But you can’t get to the glitzier Canadian side unless you packed a passport.

The days of getting waved on by customs officials after flashing a driver’s license are long gone.

Once an insider’s town of nook-and-cranny bars and neighborhood restaurants, Buffalo now offers more obvious charms. The reclaimed 1904 Hotel @ The Lafayette – with in-house bars and restaurants – is the jewel of a host of downtown building resurrections.

Funny thing that – we’re endlessly impressed with ourselves for taking an old flophouse and turning it into something urbane white people would want to visit. An old building with bars and restaurants? Why they even have that in “Styrofoam Sun Belt” cities!

Chippewa Street’s emergence a generation ago gave Buffalo a go-to bar/restaurant district. The Avant is an upscale hotel with high-end condos. Yet downtown remains a work in progress. Cranes hover over the embryonic HarborCenter hotel/restaurant/ice rink complex outside the First Niagara Center doors – the brainstorm of Sabres owner Terry Pegula. Behind a nearby construction fence, workers are replicating the old canal path that will mark an entertainment district.

They don’t fucking care. You already mentioned Chippewa Street as our local binge-drinking vomitorium, and the Avant is special for us, but not for visitors. To someone from out of town, the Avant is no more or less worthy of mention than the Hampton Inn at Chippewa and Allen. The HarborCenter isn’t yet open and will confuse the hell out of people relying on Google Maps to help navigate the area around the arena. 

More hotels are in the making. Swing by the next time the tournament swings through, to see the finished product.

Until then, enjoy the wonder that we think is Buffalo. Despite what you might have thought, you drew the long straw.

The only line missing is, “I hope you enjoyed reading this as much as I enjoyed writing it”. 

Buffalo stands on its own merits (and demerits). Allen Street is great. Chippewa might be great for some. But if we could stop insulting other places to make ourselves feel better about Buffalo, that would be great. 

As an aside, I read every one of Esmonde’s columns. That’s usually about 2 per week. I don’t think I’ve written a commentary about any of them since September when I exposed his undisclosed chumminess with a quoted source and his sprawl-tastic Florida home. I certainly could have – he’s insufferable 99% of the time – but didn’t. I wasn’t going to write about this, either, until I got to the “Sun Belt” line. Who in their right mind insults the supposed, perceived, subjective inauthenticity of other cities? For what purpose? For a smug sense of self-satisfaction – parroting the “for real” and “sense of place” bullshit marketing buzzwords that we actually use now in real life to market this city to prospective visitors? 

Buffalo as a place to visit stands and falls on its own merits and demerits. If you want people to visit and to like it, don’t be a prat about it – just get to what’s to like.  

We were once stranded in Dallas because while en route from California to Boston, our destination was hit with a 30″ snowstorm. We ended up stuck for 3 or 4 days and we were lucky enough to have the scratch to afford a rental car and a hotel room. So, we explored Dallas. This was 1996, so there were no smartphones and we didn’t have any sort of internet access. We got ideas for things to see from memory (Book Depository, Southfork) or from brochures we found in the hotel (Fort Worth Stockyards, museums in the city), and just from exploring with no set destination in mind. Had I read something in a Dallas paper denigrating Boston, I’d have been pissed off and thought, “what a bitter, inhospitable place”. 

So, I don’t have a problem with Esmonde or anyone else writing a column welcoming basketball fans from around the world. But to criticize an entire swath of the US as inauthentic in order to sell your city as “real” is outrageous and insulting. My animus for Esmonde is well-known and well-documented, but I honestly don’t wake up twice a week rubbing my hands together like a Hanna-Barbera villain in anticipation of how I can bitchslap him in a blog post. 

Our downtown is an embarrassment, but small pockets here and there are getting better. But a visitor doesn’t give a shit about how, say, the Lafayette came about or how it’s not as bad as it was. They just want to know where it is that’s fun, cool, or interesting to go. Does the Lafayette have a nice restaurant? Swell! How do I get there? Do I walk? Is there parking? Do I take a cab? Do I take the trolley? Where does that trolley go, incidentally? Is there a goddamn bus map I can have? Are you running a shuttle bus to get me from the arena to a destination, and then back again in time to catch my next game? If not, is that bus with that car salesman on the side of it in any way reliable? How often do they come? When is the next one coming? In my cookie-cutter Sun Belt city, the bus stops are sheltered and there’s a sign that tells you in real time when the next one will stop here. 

The last thing they’re thinking about is Louis Sullivan, a replica “canal terminus” to nowhere, (in mid-30s weather and rain), and whether Buffalo is “authentic” or not.

Anti-Semitic Pixels Go Unchallenged

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In the last few weeks, there has been what at least one person – seemingly ignorant of the word’s definition  – considers to be a scandal. Known to many as “one of the many lawyers who works around Buffalo” and commonly referred to as, “isn’t that guy retired”, one nominally “Democratic” activist pointed out that a horrible crime had been perpetrated – the chief executive of Erie County used the county seal on his campaign website.

Not waiting for Republicans to point out any alleged impropriety, he bravely preserved democracy and the American way by ensuring that only one Democratic politician was called out. Never mind that the seal appears on the websites of other county politicians,  this was the America-saving result: 

Thanks be to God that this grievous insult to the taxpayers of Erie County has been rectified. The entire internet has been sanitized, and you can no longer infer that there was some official imprimatur from county government over Poloncarz’s website. No word yet on whether any alleged “Democratic” “Activists” will demand similar cleansing of other political websites, lest our civilization fall. 

But why was the most glaring insult overlooked? 

If you look very closely at the “Poloncarz for Erie County” header image shown above, it is made up of tiny pixels. One of the pixels in that image is a known, admitted anti-Semite.  In spite of that fact, no one has demanded its removal, or that Poloncarz further scrub his website. County Comptroller Stefan  Mychajliw has not yet sounded the alarm – reasonably or otherwise – over this grave injustice. 

Right there. That particular pixel is clearly not only anti-Semitic, but an outspoken nazi. How is it that all of these great legal minds, all of these brave Democratic activists were so lazy and blind as to not demand that pixel’s immediate removal from a campaign website? If you go to Poloncarz’s website and attempt to give money, are you giving money to support white supremacy or euthanasia? 

These are important and heady times for self-hating Democrats. There aren’t just offensive pixels, but rude cursors, Stalinist background images, and fascist metatags – none of which have been exposed or called out by the likes of the Niagara Falls Reporter and the people who take it seriously.

“Short as life is, we make it still shorter by the careless waste of time.” – Victor Hugo.

Shane Kinney’s NRA Shirt and Your Rights

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A public school cannot stop a kid from wearing this

The Bill of Rights in our Constitution – it’s easy to cherry-pick the parts of it you want to defend. It’s also easy to see who cherry-picks what. 

Western New Yorkers have tested the First Amendment on two occasions in the past few weeks. I highlighted one of them already – the efforts of a handful of people in the Clarence community to censor books, censor parts of the curriculum, and demagogue the disease prevention unit of the sex education curriculum. The other is Shane Kinney’s NRA t-shirt on Grand Island. 

Kinney was asked to remove a “Protected by Smith & Wesson” sweatshirt, and then to turn a pro-NRA t-shirt inside-out. The school apparently gave Kinney a suspension when he refused to do so. 

I don’t like the gun lobby, and I don’t like guns. I detest the gun culture in all of its incarnations. I don’t like Freudian allusions whereby one extols the virtue of self-protection with killing machines and their long, cold, hard shafts. As point of fact, I hate guns. 

That doesn’t mean Shane Kinney’s rights to free speech should be infringed. 

Eugene Volokh explains that at least one federal circuit has declared school prohibitions on shirts that display guns. The issue is a tricky one for schools. A school is a government entity, but it deals almost exclusively with minors. A school is well within its rights, for instance, to censor a child’s clothing if it, for instance, glorifies or promotes violence, drugs, alcohol, or some other inappropriate or harmful behavior. When it comes to guns, the Constitution is invoked, and it’s a matter of degrees. 

An NRA t-shirt that quotes an excerpt from the 2nd Amendment is completely acceptable in all aspects. There is nothing objectively controversial about it, regardless of whether or not you like guns. The issue in cases such as Kinney’s revolves around the depiction of actual firearms. Here, you run into an analysis that requires you to parse the definitions of terms like “disruption” and “violence”.  A picture of two crossed rifles is not a big deal. On the other hand, a t-shirt depicting, say, a trenchcoated figure using an assault rifle to shoot a schoolkid in the head would be patently objectionable. 

But if you look at the Grand Island school district’s own dress code, it doesn’t really say much about guns. It prohibits “vulgar” or “obscene” t-shirts, and clothing cannot “promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities”.  Courts use a case from the mid-60s to handle these sorts of issues. From the case Volokh cites,

Because most public school students are minors and school administrators have the duty to provide and facilitate education and to maintain order and discipline, the Supreme Court “has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.” Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503, 507, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). Consequently, while a public school student does not “shed [his] constitutional rights to freedom of speech or expression at the school-house gate,” id. at 506, those rights may be limited as long as the limitation is consistent with constitutional safeguards…

…”conduct by the student, in class or out of it, which for any reason — whether it stems from time, place, or type of behavior — materially disrupts class work or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech.”Id. at 513, 89 S.Ct. 733. Accordingly, Tinker “requires a specific and significant fear of disruption, not just some remote apprehension of disturbance.” Saxe v. State Coll. Area Sch. Dist., 240 F.3d 200, 211 (3d Cir.2001). In sum, “if a school can point to a well-founded expectation of disruption — especially one based on past incidents arising out of similar speech — the restriction may pass constitutional muster.” Id. at 212.

Courts have upheld, for instance, students’ rights to wear black armbands to protest war, and also upheld a school’s ability to restrict or punish lewd and inappropriate language.

Arguably anything involving firearms is by definition “violent”, but in Kinney’s case, the firearms were merely depicted – in the image, they were not being fired at anyone or anything. The “protected by Smith & Wesson” sweatshirt was likely closer to the line, as it specifically invoked a threat of deadly force in response to a provocation. Even deadly force in self-defense is, by definition, violent, and under the “substantial disruption” standard in the Tinker case, that invocation of violence might be legally restricted, depending on whether the school could establish that the restriction was based on ” something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint,” and instead on whether the shirt would “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.”

I remember I was once handling a criminal matter in Massachusetts and a man with an Irish surname was being arraigned on an assault & battery charge. He had been arrested while wearing a Notre Dame jacket, which depicts an angry leprechaun with his fists up, waiting for a fight, and I thought to myself that it was an especially funny thing to be wearing under those circumstances. Does that belligerent Irish stereotype violate high school dress codes because it glorifies violence? I doubt any principal would punish a kid for that. 

But while local right-wing media have been milking this NRA shirt thing for a week now, even causing it to go national, they’ve been completely silent (as far as I can tell) as far as efforts to violate the 1st Amendment when it comes to banning award-winning literature in Clarence schools. They’ve not said anything about protecting the sex education unit recommending that kids who have sex use condoms to prevent unwanted pregnancy and sexually transmitted disease. (Abstinence is part of the curriculum, incidentally, but not the entire curriculum because that would be insane). 

So, Shane Kinney should be free to wear his NRA t-shirt and probably even his Smith & Wesson t-shirt.  It’s not my favorite thing in the world, nor something I would send my kid to school in, but my sensibilities and opinions can’t be the arbiter of what is and is not appropriate or legal. The school district likely owes Kinney an apology. 

Reversion

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Two things for your Friday reading: 

The South Isn’t All It’s Cracked Up To Be

1. 8 interesting factoids about the American South and Southwest, which reveal how stubbornly poor it is, and how people continuously vote against their own self-interests. Are taxes lower there? Probably. But as with most things in life, you get what you pay for.  If you like poverty, crappy schools, and bad healthcare, the South might be for you!

Vaccinate

2. There is a dangerous trend among some parents to withhold from their children disease-preventing, life-saving vaccinations. It’s a weird intersection of pseudoscientific holistic natural gobbledygook with the completely discredited mythology that vaccines are more dangerous than the diseases they’re designed to prevent. (For instance, a lie was spread for years linking the MMR vaccine with autism. It wasn’t true.)

The anti-vaccine crowd may think they’re only making a decision for their own family. In fact, they’re threatening to make the rest of us sick. Refusing to vaccinate your children means you are contributing to a worsening public health crisis. There is no denying it, and there is no point in sugar-coating it.

I hope the anti-vaccine movement somehow loses steam. Perhaps America will take note of the return of long-gone illnesses and will stop treating vaccine denialism as a viewpoint worth considering. Perhaps vaccine-refusing parents will consider whether it’s worth the anxiety of knowing that a person who coughed in their grocery store two hours earlier could infect their kids as they do the week’s shopping together, and will reconsider their choices.

The point of vaccines isn’t just to protect your kid from unnecessary disease – it’s a public health matter designed to rid society of these diseases altogether. Some of these vaccines lose their potency over time, but it didn’t matter so long as the diseases themselves weren’t reintroduced into society thanks to 100% vaccination. 

If you think your kid isn’t strong enough to overcome the non-existent effects of a vaccine, what makes you think your kid is strong enough to overcome mumps, measles, or some other 19th century disease? 

The 2014 Kennedy/Mazurek Slate

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From everything I can gather, there’s never been a time in recorded history when Erie County Democrats were united and working together as a matter of routine. It happens from time to time when convenient (i.e., when there’s something (or nothing) in it for everyone), but every election cycle or two there’s a party establishment that is battling on two fronts; Republicans on one side, and the sabotage wing of the nominal Democratic party on the other. 

You know the drill – “Concerned Parents” bludgeoning Sam Hoyt within an inch of his political life with the double-edged sword of infidelity and interns, engineering a coup in the state Senate to depose Democratic leadership there with a small collection of criminals, and a copycat coup in the Erie County Legislature to prop up the person who has quickly emerged as the most transactional, least interesting local politician – Tim Kennedy. 

Kennedy and Betty Jean Grant never really got along well, but the whole thing fell apart when Kennedy and Barbara Miller-Williams sold the Democratic legislature majority out to then-County Executive Chris Collins in a Pigeon-engineered coup in 2010. That positioned Kennedy to challenge incumbent Bill Stachowski and hop over to the appropriately useless State Senate. Grant mounted a grassroots, barebones challenge against Kennedy as payback two years later, and lost by only 139 votes. 

This year sets up a rematch of the Kennedy-Grant battle. During the last political cycle, the political action committee that Pedro Espada’s patronage hire, Steve Pigeon, set up last year with toxic personality Kristy Mazurek, found itself the subject of a bipartisan Erie County Board of Elections campaign finance violation probe. Subpoenas revealed undeclared expenses and sloppy accounting. It was called “Progressive Caucus of WNY” and its sole purpose was to sabotage the Erie County Democratic Committee and its candidates during the last cycle. I called it “AwfulPAC“. At one point in late October, it was late on its filings and $19,000 in the red. (It’s since updated its filings, which the Board of Elections has basically said are a masterpiece of fiction.) But losing most of its primaries wasn’t enough, AwfulPAC’s Republicans-in-Democratic-clothes went so far as to defame the Democratic candidate on the eve of the election. 

Pigeon supposedly funded AwfulPAC to the tune of $120,000 of money that came from God knows where. Senator Tim Kennedy gave an additional $80,000 – and he got revenge on Betty Jean Grant when AwfulPAC candidate Barbara Miller-Williams unseated Tim Hogues in the September primary. 

In the end, it cost about $267,000 (that are accounted-for) for Steve Pigeon and his known associates to kneecap the county Democratic committee and destroy Tim Hogues and Betty Jean Grant.  This is all they can do, since they have failed and refused to successfully challenge the committee chairmanship repeatedly over the last decade. They’re now gearing up not only to do battle against Grant, who is well-liked and not even close to lying down for these punks, but also to back a likely Mazurek effort to take the Assembly seat most recently kept warm by creepy toilet video director Dennis Gabryszak. AwfulPAC failed to account for $35,000 in TV spending, and spent another $112k directly on behalf of failed Sheriff candidate Dick Dobson, despite not properly being set up as an independent Dobson committee. 

Meanwhile, Kennedy flips and flops on abortion – he was pro-life when convenient, and is now pro-choice because that has suddenly become convenient – 

Meanwhile, Governor Cuomo’s joke of an election law review – the Moreland Commission – has done absolutely nothing about any of this.  It hasn’t addressed election law shenanigans or improper reporting, raising, and spending of money, and has completely avoided the issue of toxic and corrupt minor “parties” and their use of electoral fusion to obtain unearned political clout and patronage. 

As Kennedy and Mazurek run, watch how the money flows in and out of their campaigns, (to the extent the disclosures resemble reality), and that’s how you’ll know what this is all really about. Hint: good government and constituent service aren’t on the list.

Clarence Bans Nothing

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On Tuesday night, the Clarence School Board held its regularly scheduled March meeting. On the agenda was a review of the curriculum procedure regarding materials that some parents might find objectionable. This is a completely reasonable thing for a board member to want to discuss, and wholly uncontroversial. 

However, late last week, an inflammatory hit list of allegedly obscene or inappropriate books and other materials was sent to selected homes in town. I obtained a copy of it and posted it widely  – here at Artvoice and on social media sites.  It – and my accompanying letter to the board – spread throughout the town. 

The people who had hoped that Tuesday’s meeting would include a discussion of an inappropriate curriculum were met with a shocker last night. These meetings – at best – attract about 20 spectators. This time, however, the place was literally standing room only. 

The board flew through its regular agenda, including a somewhat distressing presentation about the district’s understaffed special education department – last year’s budget crisis eliminated all of the social workers. Zero, nada, zilch. Kids who need these special services include those who undergo some sort of situational trauma like death, disease, divorce, drugs, or depression. So, it’s an interesting coincidence that many of the books on the hit list included kids who underwent similar traumas – especially rape. It was also striking to me that the majority of the books on the hit list were written by women, had female lead characters, or advocated somehow for the notion that women not be victims of assault, and that they are human beings equal to men in all things. 

When the discussion turned to this agenda item, Trustee Jason Lahti, who originally brought the matter up, begged off the controversy, indicating that he merely wanted to discuss the curriculum process, not ban any books. He indicated that he did not know anything about the letter and hit list from his wife, Ginger, that circulated throughout the town. Trustee Roger Showalter, Ginger’s brother, tersely indicated his satisfaction with the town’s opt-out provision for parents or kids who find materials objectionable. Then the rest of the board spoke. Every single Trustee spoke passionately and eloquently about the teachers, the students, the curriculum, and the adequacy of the current policies. Julie McCullough got the first standing ovation, and a huge sigh of relief when I realized that the crowd was there to defend – not defame – the books and faculty. Board President Michael Lex spoke about the need for adolescents to learn about overcoming assault and adversity, and quoted the author of hit list book Speak: 

But censoring books that deal with difficult, adolescent issues does not protect anybody. Quite the opposite. It leaves kids in the darkness and makes them vulnerable. Censorship is the child of fear and the father of ignorance. Our children cannot afford to have the truth of the world withheld from them.” – Laurie Halse Anderson

Then, the community spoke. Student after student – some current, some recent alums – was unbelievably brave and eloquent. Not only had they been taught to be rational analysts and critical thinkers, but good speakers, too. They defended specific books – one especially brave young alum spoke of her own assault and how it affected her mental health, causing her to drop out of college. She explained that she suffered terrible anxiety, yet she stood bravely in front of the board and 100+ members of the community to defend Speak, holding up her dog-eared copy and explaining how it helped her. Kids stood and defended their teachers and the way in which they teach these materials in a thoughtful and engaging way. 

There were a small handful of people there who were there to defend the hit list. Ginger Lahti herself was there, and tried to disassociate herself from the controversy. While Channel 2 was airing an interview with her in which she acknowledged preparing the mailing to address “obscene” works, she stood before the community to explain that it wasn’t even her list, that she had only shared it with two pastors, and that she doesn’t know how it got circulated. She said she wanted to see what the community thought, and she acknowledged that the community was clearly just fine with the current policy. One woman relentlessly attacked the works, alleging that she and her family had opted out over 30 times because of language and themes in some of the works, and she saved especial ire for the sex ed curriculum. Frankly, if you’re opting out of award-winning literature 30 times, perhaps public school just isn’t for you. 

However, the four people, including Lahti, who spoke about the hit list did raise an important issue – some kids who opt out have no meaningful alternative, and are just sent to the library for weeks at a time. 

When I spoke I thanked the board for bringing this matter to the community’s attention, and thanked Mr. Lahti specifically.  I said it was good to, basically, air grievances and discuss how to make policies work better, and that it was important that the handful of affected opt-out parents bring the issues of alternatives to the board’s attention so that these matters can be handled better. But I pointed out the Blue 4 Ben movement and argued that the community was capable of great things when we work together, rather than trying to rip people apart. While the agenda seems uncontroversial now, when it was coupled with the outrageous hit list, it certainly seemed to be a set-up for an effort to ban books and restrict the faculty’s and students’ rights. While Mrs. Lahti now disavowed the list and said she didn’t know where it came from, I noted that she referenced it in her letter. I closed by noting how my parents emigrated to this country in order to flee totalitarian dictatorship and a place where they were told what to think, what to read, and with whom to associate, and never did anyone imagine that we’d be facing similar issues in the U.S. a half-century later. 

The faculty – Mr. Zahn and Mr. Starr spoke passionately to defend the teachers and the curriculum, but also the Constitution. There was the kid who joked that the books on the hit list were so harmful to his upbringing that, instead of being back at college doing drugs, drinking, and having sex, he was at a school board meeting during Spring break defending the wholesomeness of his education. One parent stood to link the earlier special education presentation to the issues brought up in many of these books – how will we adequately help kids who suffer real-life traumas if we refuse properly to fund the nurses, special education, and school psychological staff. 

It was a glorious night, and the board just killed it. A packed house to defend free speech and critical thinking. A packed house to defend controversial books and essays, arguing that these materials are part of a carefully crafted, well-considered curriculum, and that the works are handled appropriately, with care. 

Yesterday, in advance of the meeting, I took some time to learn a little bit about each book on the hit list. Each one of them is an important, noteworthy work that teaches adolescents a valuable lesson. 

The Clarence List by Alan Bedenko

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 But I learned a valuable lesson, too. I learned that the kids are awesome. They’re brave, well-spoken, thoughtful, and hungry for knowledge. Whether it was the professional-quality, amazing production of Spamalot that the high school drama club put on last weekend, or the heartfelt speakers last night, they made us all proud. 

Eddie Egriu: Ordinary Guy, Extraordinary Problems

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Last week, walking, talking chain e-mail Kathy Weppner decided that she was throwing her hat in the ring to challenge Democratic incumbent Brian Higgins for the congressional seat in the 26th district. Weppner is a stereotypical low-information WBEN caller, and she somehow managed to parlay “Kathy from Williamsville” into an actual, paying radio gig. You should note that Weppner has gone back and scrubbed her webpage of the especially racist and vile things that used to be there. 

That’s ok. The Google cache and waybackmachine will help us to revisit the ideas that were convenient when she was a WBEN personality, but somehow inconvenient now. 

But from the left (ostensibly) we have another challenger – Emin “Eddie” Egriu. Egriu is set to announce that he is running in a Democratic primary against Higgins. Egriu is something of a perennial candidate – think “Kosovar Rus Thompson” – and used to pay Illuzzi and Gramigna off to get articles written about him. Both individuals are now deceased. 

Egriu is something of a character, but the problem is that he’s been lax about his duties as a citizen. Here’s what we know: 

1. The federal government filed liens against Egriu for unpaid taxes, most recently in November 2013 for $90,225.69. He evidently failed to pay his 2005 and 2006 income taxes. In 2009, a federal lien for almost $7,000 was filed, and in 2008 there was one for almost $8,000. 

2. New York filed warrants against him for failure to pay unemployment insurance premiums (under his bizarre dba, “Violation Enterprise”) in 2006 and 2007. He also failed to obtain necessary worker’s compensation insurance, and a judgment was filed against him for $3,000.

3. Egriu is late on his 2013 and 2014 Erie County property taxes. It’s not a lot – less than $200, but then again it’s not a lot – less than $200. 

4. In 1998, he lost two properties to foreclosure for unwillingness or inability to pay his bills. 

5. Since 1995, over $32,000 in civil judgments have been filed arising out of lawsuits against him. 

 Egriu says this in a press release this morning: 

He will make his announcement at the corner of Pulman Place and Shepard Street, near Broadway and Bailey avenues, in the heart of Higgins’ decaying district.

 It’s Pullman Place, and that part of town was decaying long before Mr. Higgins went to Washington. 

Eddie is a liberal anti-war populist challenging Higgins, a right-of-center neo-conservative, in the Democratic Primary.

  • Eddie supports universal single payer healthcare and will fight to eliminate the profit seeking industry that has been leeching the life out of our healthcare system. Higgins voted for Mitt Romney’s plan. 

Higgins voted for Obama’s plan. In 2012 Mitt Romney ran – and lost – opposing Obamacare. 

  • Eddie is anti-war. Higgins is a neo-con who sits on the Foreign Affairs Committee and the Homeland Security Committee.

It’s easy to be anti-war when you’re, at best, a local housing activist. 

  • Eddie opposes the bank bailouts. Higgins voted for them. 

Yes, but is Higgins in favor of the needed Egriu bailout? 

  • Eddie supports the legalization of marijuana for adults. Higgins does not.

Pandering. 

Mr. Egriu’s heart may be in the right place, but his track record reveals a fundamental inability to be taken seriously, and to pay the taxes and fees we all pay to maintain a civilized society. 

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