It's Legally OK to be Gay

Pride flag is raised!

Photo by Flickr user Whitney Arlene

Defamation – and its synonyms “slander” (spoken defamation) and “libel” (published defamation) – is generally defined as a false statement of fact that causes harm to a person and his reputation.  Obviously, its more complicated than just that, and the law is different if you’re a public figure or a private person. 

In New York, “a statement has defamatory connotations if it tends to expose a person to ‘public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation or disgrace, or to induce an evil opinion of [a person] in the minds of right-thinking persons.'”  A plaintiff suing for slander must show that he has suffered damages unless the alleged statement is considered slander per se

Slander per se, until recently, included “statements (i) charging [a] plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that [a] plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman”… the Appellate Division Departments, including this Court in dicta, have recognized statements falsely imputing homosexuality as a fifth per se category.”

Because of changing social perceptions and changes in both federal and state laws concerning homosexuality, the New York State Supreme Court Appellate Division, Third Department recently ruled that the inclusion of homosexuality among the per se categories imputed some sort of shame or disgrace, and ruled that it would no longer be considered defamatory per se. 

This little, barely-noticed ruling, is yet another step in the massive societal shift that has been taking place over the last several decades whereby homophobia has gone from being the statutory norm to, itself, a subject of shame and sometime criminality. While the people who rely on, and profit from, hatred and fear are having their last gasp, at least in New York State, we can say we’re doing the right thing. 

It’s Legally OK to be Gay

Pride flag is raised!

Photo by Flickr user Whitney Arlene

Defamation – and its synonyms “slander” (spoken defamation) and “libel” (published defamation) – is generally defined as a false statement of fact that causes harm to a person and his reputation.  Obviously, its more complicated than just that, and the law is different if you’re a public figure or a private person. 

In New York, “a statement has defamatory connotations if it tends to expose a person to ‘public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation or disgrace, or to induce an evil opinion of [a person] in the minds of right-thinking persons.'”  A plaintiff suing for slander must show that he has suffered damages unless the alleged statement is considered slander per se

Slander per se, until recently, included “statements (i) charging [a] plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that [a] plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman”… the Appellate Division Departments, including this Court in dicta, have recognized statements falsely imputing homosexuality as a fifth per se category.”

Because of changing social perceptions and changes in both federal and state laws concerning homosexuality, the New York State Supreme Court Appellate Division, Third Department recently ruled that the inclusion of homosexuality among the per se categories imputed some sort of shame or disgrace, and ruled that it would no longer be considered defamatory per se. 

This little, barely-noticed ruling, is yet another step in the massive societal shift that has been taking place over the last several decades whereby homophobia has gone from being the statutory norm to, itself, a subject of shame and sometime criminality. While the people who rely on, and profit from, hatred and fear are having their last gasp, at least in New York State, we can say we’re doing the right thing. 

Collins' Facebook Page: Curious

Chris Collins, like any semi-competent politician, has a Facebook fan page for his run to represent NY-27 in Congress. It has about 3,500 likes, and 6 people talking about it. 

3,530 is a big number. After all, the Erie County Republican Committee’s Facebook page has only 615 likes, with “11 people talking” about it. 

Where did all of Collins’ likes come from? Could he be using a service to manipulate the number? Did he transfer over his likes from when he was County Executive? The guy who beat him last year has only about 800 likes

It’s unclear when Collins set up this Facebook page – it says “joined Facebook” on April 26th, but there’s a mis-dated entry of April 2011 thanking people for circulating petitions for his Congressional run. 

So, let’s say the Collins for Congress fan page was created sometime in mid-April 2012. Between May 12 and June 12, 2012 – as the campaign against David Bellavia has heated up – only 114 people “liked” Collins’ page. What this means is that he accumulated 3,416 likes between mid-April and mid-May.  The page itself features only about 20 posts, 8 of which were put up in April.  What was so compelling that attracted over 3,000 in April? 

April 19, 2011 (a letter dated April 19, 2012) 1 post
April 26, 2012 5 posts
April 29, 2012 1 post
April 30, 2012 1 post
May 2, 2012    1 post
May 4, 2012    1 post
May 8, 2012    1 post
June 1, 2012    3 posts
June 2, 2012    1 post
June 12, 2012  3 posts

The trajectory of “likes” on the page also fits a particular pattern – a low one.  

 

 Where did the other 3,000+ likes come from, exactly? 

 

Collins’ Facebook Page: Curious

Chris Collins, like any semi-competent politician, has a Facebook fan page for his run to represent NY-27 in Congress. It has about 3,500 likes, and 6 people talking about it. 

3,530 is a big number. After all, the Erie County Republican Committee’s Facebook page has only 615 likes, with “11 people talking” about it. 

Where did all of Collins’ likes come from? Could he be using a service to manipulate the number? Did he transfer over his likes from when he was County Executive? The guy who beat him last year has only about 800 likes

It’s unclear when Collins set up this Facebook page – it says “joined Facebook” on April 26th, but there’s a mis-dated entry of April 2011 thanking people for circulating petitions for his Congressional run. 

So, let’s say the Collins for Congress fan page was created sometime in mid-April 2012. Between May 12 and June 12, 2012 – as the campaign against David Bellavia has heated up – only 114 people “liked” Collins’ page. What this means is that he accumulated 3,416 likes between mid-April and mid-May.  The page itself features only about 20 posts, 8 of which were put up in April.  What was so compelling that attracted over 3,000 in April? 

April 19, 2011 (a letter dated April 19, 2012) 1 post
April 26, 2012 5 posts
April 29, 2012 1 post
April 30, 2012 1 post
May 2, 2012    1 post
May 4, 2012    1 post
May 8, 2012    1 post
June 1, 2012    3 posts
June 2, 2012    1 post
June 12, 2012  3 posts

The trajectory of “likes” on the page also fits a particular pattern – a low one.  

 

 Where did the other 3,000+ likes come from, exactly? 

 

Buffalo: Read These

P5167433

Photo by Flickr user Sunny Hasija

1. It’s astonishing that racist behavior and actions like those described in this lawsuit could happen in WNY, by adults, in the past decade. If there’s a silver lining here, it’s that a federal court jury in Buffalo found this systematic destruction of a worker’s life absolutely abhorrent, and awarded tens of millions of dollars in punitive damages against the Luxembourg-based steel conglomerate that did very little to stop it, or punish the perpetrators. 

2. Remember that secretive millionaire wunderkind from Cleveland who bought some of the most expensive and exclusive houses in WNY, and was planning to buy and renovate several downtown structures? His name is Michael Wilson. He was a fraud, and his financial “empire” existed only in Wilson’s mind. He even created a phantom financial professional, complete with LinkedIn profile, to help dupe unwitting investors. Wilson has since been indicted by a federal grand jury and fled the country.  His brother is awaiting trial, likely serving to attract Wilson back to WNY to face the music for his own misdeeds. When we talk about enterprise, investigatory journalism, Kevin Purdy’s compelling story should win an award – and it’s published in the Buffalo Spree. Who was Michael Wilson? Yet another carpetbagging huckster – reminiscent of the Simpsons’ monorail developer, Lyle Lanley – coming to western New York to promise us renewed relevance and prospective riches. All we have to do is, e.g., donate millions in money and land to build a Wizard of Oz theme park; or rely on the promises of a quixotic but charismatic Iraqi-Briton to miraculously complete only his second project ever, the renovation of the Statler Towers.  Buffalo’s renaissance, when it comes, will come because of hard work, planning, vision, and good government. Silver bullets don’t work any better than earnest crowdsourcing. 

3. Donnie Burtless from the local food blog Buffalo Eats interviewed retired Buffalo News restaurant critic, Janice Okun. It’s an interesting, short retrospective from someone who was once a pioneer. 

4. I can’t figure out which one is more socially acceptable – being some level of excited about Nik Wallenda’s tightwire walk across Niagara Falls, or to denigrate it altogether. 

5. Hey, folks – a new activist group called Effective NY wants a constitutional convention, and it’s run partly by YNN political host Liz Benjamin’s father.  

 

Enter: Chicken

Michael R. Caputo is an advisor to David Bellavia and his campaign for Congress from NY-27. Many months ago, they proposed a series of debates with primary opponent Chris Collins, and as of this writing Collins has agreed only to two – one with YNN, and one with some Republican women voter organization in Clarence that supports Collins  UPDATE: Collins has agreed to exactly zero debates. Firstly, Collins has not agreed to participate in a YNN televised debate on June 18th.  Collins’ people suggested one, singular debate to take place in Clarence and be hosted by something called the “Erie County Republican Women’s Federation.”  However, the League of Women Voters advised that ECRWF would not have hosted a debate, but instead an ambush – a supposed “debate” on Collins’ home turf, a curated crowd packed with Collins loyalists, and recruiting former “Reform Coalution” Collins loyalist Lynne Dixon to “moderate” it. Collins’ people refused to negotiate changes to make the ECRWF “debate” a fair event. Indeed, the ECRWF is a wholly new creation. It has no online presence, it has no transparency regarding its membership, funding, officers, or directors.  The woman who is sending out press releases on its behalf is an Erie County GOP loyalist and has given thousands to the county committee, local committees, as well as to Dixon and Collins

During Paladino’s primary campaign against Rick Lazio, when the Long Island Republican refused to debate Carl, Caputo sent out a guy in a chicken suit to graphically tease the candidate about his reluctance to debate. If I’m not mistaken, there was also a duck suit utilized against Cuomo regarding “ducking” issues. 

And so it is that a volunteer in a chicken suit set up a roost at the Main Street entrance to the tony, exclusive Spaulding Lake development in Clarence that’s home to doctors, sports figures, and the Collins and Corwin families, to name a few. The chicken taunted Collins for his unwillingness to debate Bellavia – an unwillingness that’s reminiscent of every recent race Collins had run; negotiating debate terms with his campaigns appears sometimes less difficult and circuitous than negotiating a cessation of nuclear activity for food aid with North Korea. 

I don’t get why that is. Collins doesn’t do poorly in debates. After all, he merely has to parrot his campaign themes and generic, crony capitalist, nouveau riche noblesse oblige talking points and denigrate his opponent. Easy peasy. But given Collins’ reluctance to debate, meet, or glad-hand, it could come down to one thing: Collins doesn’t feel comfortable asking for votes to which he thinks he is already entitled. 

Why shouldn’t you vote for – or pay attention to – Collins’ campaign to attain the only type of nobility America offers

Collins is nothing more than an old-fashioned tax & spend liberal. Although Collins likes to say he’s looking out for the taxpayers, he’s raised taxes on us, and gone to court to prevent the legislature from keeping those hikes lower. Although he says he’s careful with our money, he’s spent millions on hisfriends and cronies, without regard to results or merit. Although Collins likes to seem as if he’s a good government type, he’s in ongoing violation of the county charter in terms of providing monthly budget monitoring reports. Although Collins says he’s trying to create a brighter future, he maintains the tired, failed status-quo when it comes to attracting and keeping businesses in western New York; he eschews the notion of IDA consolidation, and hasn’t set up a one-stop-shop for businesses to use when considering a move to our region.

For someone who promised to run the county like a business, why has he behaved like that?

The chicken? Naturally, it has its own Twitter account, and last night it taunted Collins with this (click on the link to see the picture): 

[blackbirdpie url=”https://twitter.com/ChickenCollins/status/212322054526091265″]

 Bellavia’s campaign released this Tuesday morning: 

Two leading Republican County Chairmen in New York’s 27th Congressional District today called upon GOP candidates David Bellavia and Chris Collins to accept a debate invitation from Time Warner Cable’s news affiliate, YNN, for June 18.

Bellavia accepted the YNN debate on June 5 – the same day it was offered. Since he was invited, Collins has ignored e-mails, letters, and telephone calls from YNN executives.

“I think it’s important for both candidates to give Republicans across the entire district an opportunity to hear where they stand on the issues – face to face, in a fair debate, on television,” Orleans County Republican Committee Chairman Ed Morgan said. “David Bellavia and Chris Collins must expose Primary voters to their views under those circumstances or the election will see record low turnout and the 27th District will be poorly served. The only opportunity to accomplish this is the YNN debate on June 18.”

“The Republican voters of the 27th District deserve a televised debate to see the candidates and understand their positions on important issues,” Wyoming County Republican Chairman Gordon Brown said. “I personally call on David and Chris to commit to a televised debate in which the entire district can be reached – including the more than 60 percent of voters living outside Erie County. Mailers and signs are not enough. I have had the opportunity to speak with both candidates on several occasions – let’s afford all Republican voters a similar opportunity to hear from them.”

On May 24, the Erie County Republican Women’s Federation (ECRWF) invited both Mr. Collins and Bellavia to debate in Clarence on June 19. Subsequently, the Bellavia campaign was advised by the League of Women Voters of Buffalo-Niagara that the ECRWF debate was by no mans fair and no candidate should agree to the wholly one-sided terms. Since then, the Bellavia campaign reached out to the Collins campaign to negotiate fair changes in the ECRWF event. The Collins campaign refused this opportunity, choosing instead to insist upon the rules they dictated.

“Seventy seven days ago, I called for a series of eight debates in the eight counties of the 27th District. But Mr. Collins has run out the clock,” Bellavia said.

“The televised YNN debate would allow both of us the opportunity to show Republicans across the entire district what we stand for and what we believe in just one debate. I don’t control it; Mr. Collins doesn’t control it. It’s 100 percent neutral and that’s what the voters deserve,” Bellavia said.

Niagara Falls' Last Ditch Effort

Rainbow II

Rainbow II by Flickr User Nykino

Attention recent college graduates: Niagara Falls wants you!

Desperate for its population to stay above 50,000, Niagara Falls is starting a modest pilot program – using Federal urban renewal funds – to attract 20 young recent college graduates to come live there for at least two years in a particular area of the city near the Seneca Niagara Casino.  After a year of residency, each would receive $3,500 for student loan payments. 

Industry has been leaving the city for decades, and economic activity on the American side of the Falls is hamstrung by a chicken/egg scenario: tourists don’t much leave the state park because of the blight, and the blight won’t improve unless people go downtown or leave the casino and spend money. The News article about this program says city leaders want to create an “Elmwood Avenue North” relying on recent grads to attract the sorts of business at which they’d spend money.

Niagara University is considering opening a downtown branch, and the NCCC Culinary Institute is under construction, ready to bring another 500 students to downtown when it opens. 

It’s an innovative subsidy, and perhaps a sign of desperation, but Niagara Falls, NY has been in desperate straits for a very long time indeed – a city known now as the dowdy American comparative to the attractive, bustling, gorgeously maintained Canadian side; an America paved not with gold, but with depleted uranium

Attracting young employed people to, in essence, jump-start a gentrification of Niagara Falls may very well be that city’s last, best hope. 

After all, as much as any place in western New York, this place truly matters

Niagara Falls’ Last Ditch Effort

Rainbow II

Rainbow II by Flickr User Nykino

Attention recent college graduates: Niagara Falls wants you!

Desperate for its population to stay above 50,000, Niagara Falls is starting a modest pilot program – using Federal urban renewal funds – to attract 20 young recent college graduates to come live there for at least two years in a particular area of the city near the Seneca Niagara Casino.  After a year of residency, each would receive $3,500 for student loan payments. 

Industry has been leaving the city for decades, and economic activity on the American side of the Falls is hamstrung by a chicken/egg scenario: tourists don’t much leave the state park because of the blight, and the blight won’t improve unless people go downtown or leave the casino and spend money. The News article about this program says city leaders want to create an “Elmwood Avenue North” relying on recent grads to attract the sorts of business at which they’d spend money.

Niagara University is considering opening a downtown branch, and the NCCC Culinary Institute is under construction, ready to bring another 500 students to downtown when it opens. 

It’s an innovative subsidy, and perhaps a sign of desperation, but Niagara Falls, NY has been in desperate straits for a very long time indeed – a city known now as the dowdy American comparative to the attractive, bustling, gorgeously maintained Canadian side; an America paved not with gold, but with depleted uranium

Attracting young employed people to, in essence, jump-start a gentrification of Niagara Falls may very well be that city’s last, best hope. 

After all, as much as any place in western New York, this place truly matters

The Clumsy Swift-Boating of David Bellavia

Apropos of very little indeed, the Buffalo News yesterday painted a damning picture of David Bellavia’s results in setting up organizations to “return dignity to military service” by promoting military service to students, and also by setting up a summer camp for returning veterans’ kids, among other things. Unfortunately, sometimes our best-laid plans don’t quite work out the way we want.  I don’t want to fall back on the “he tried” excuse that we so often lean on here in WNY, but Bellavia has proven – in politics as in veterans’ services – that fundraising isn’t as easy as it seems, or as easy as it is for others. 

What this is, is a swift-boating; taking Bellavia’s big strength – proud veteran who has worked to help veterans since returning to civilian life – and attacking just that. It’s what they did to Jon Powers in 2008, it’s what I predicted many months ago they’d do to David Bellavia. This failure of Bellavia’s doesn’t reflect poorly on his character or his ability to lead. It doesn’t reflect poorly on anything but his ability to raise money for a charity, which may be a skill he needs to run for office, but has nothing to do with his qualifications or platform for Congress. 

It’s more likely than not a story that someone close to the Collins campaign shopped to the News, which interviewed some people and ran with the story, despite the fact that it’s somewhat irrelevant.  The “they” in 2008 were Jack Davis and Bob McCarthy – money, influence, and the printing press. The “they” in 2012 are Chris Collins and Jerry Zremski. 

I’m surprised that Jerry Zremski wrote it, and not Bob McCarthy. However, the Buffalo News’ website shows that McCarthy’s most recent article was published on May 27th. He must be on vacation from taking calls. Doing campaigns’ dirty work is Bob’s job. Back in 2009, I gave campaigns this advice, calling it Powers’ Law

If you’re a political candidate, and you get a call from the Buffalo News’ Bob McCarthy, and he informs you that he’s going to run a story the next day that accuses you of horrible moral turpitude (e.g., you stole money from Iraqi orphans or you’re a racist), you absolutely cannot issue a limp rebuttal and pretend like it will all just blow over.

You have to address the allegation head on, strongly, to take control of the narrative as soon as possible, otherwise your silence/tepid response will be interpreted as a concession of the accusation’s truth.

Not that it was necessarily going to change the outcome, but Michele Iannello broke this law with the WFP/racism charges of [2009].  Yes, it may have hurt her chances last night, but more importantly it probably put an end to her career in politics, full stop.

On the other hand, little dumb stuff like, e.g.,  property taxes paid late is ok to ignore until it blows over.

Powers’ Law came about after Clarence millionaire Jack Davis (who is, incidentally, now supporting Bellavia) went to “Sleepy Bob” McCarthy with a story that Jon Powers’ “War Kids” charity had paid him a salary. (The figures that were being thrown around were completely false). War Kids was Powers’ most significant accomplishment as a veteran, and it was part of his appeal, so when his opponents characterized it as a money grab, it was devastating. 

It was devastating because Powers’ campaign didn’t respond quickly or strongly enough, and it left the Netroots without material for rebuttal. When those facts came along, it was too little, too late. The meme had been set, and the damage had been done. And the reason why it was happening? Because Jack Davis wasn’t happy that Powers was gaining traction in the Democratic primary race, and had to destroy him. He spent tons of money to do so, as is his wont. They both ultimately lost to the late Alice Kryzan, who lost her battle with cancer earlier this week, and Chris Lee went on to embarrass himself in Washington. 

The district ended up losing. 

But Davis’ behavior is something Collins is more than willing and able to emulate. Like Davis, Collins is also a hyperwealthy Clarence resident who feels that he’s entitled to a Congressional seat by right and entail, rather than on merit and fair play. So, while Bellavia gains traction in the newly constituted NY-27, and Collins finds that the only friendly places he can find are ones who are somehow dependent – directly or indirectly – on his largesse, Collins’ people are turning to the Buffalo News to do their dirty work for them. 

As a blogger, I am a commentator – I wear my opinions and biases on my sleeve and make no excuses for them.

What was the newsworthiness of this story about Bellavia, yet the News has completely ignored the story about Collins using his publicly owned office to conduct sleazy private business?

I’m a liberal blogger. What’s the News’ excuse? 

 

Sweating the Small Stuff

When Patrick Henry declared, “Give me liberty, or give me death!” he was totally talking about his freedom to drink corn syrup and caffeine at a volume vastly in excess of the average human stomach in one sitting

He would have totes ignored things like warrantless wiretapping, baseless airport harassment, indefinite detention, and drone kill lists

Forward, Randian masters! Return from the gulch and save us from big government and its job-killing cup regulations!

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