Kathy Weppner Gets Participation Award

Now that the Erie County Democratic Committee’s biennial re-org shenanigans have devolved into Pigeon/Mazurek self-parody, let’s check up on Kathy Weppner, the very serious candidate for very serious congress

Ms. Weppner took to Twitter and Facebook to tout her 1st place award in the ArgleBargle olympics. Or something. 

She received some sort of press-release-only “award” from a school choice advocate in New Jersey.  For the uninitiated, New Jersey is quite far from here and not at all within the 26th Congressional District. Rabbi Israel Teitelbaum is the head of this “Alliance for Free Choice in Education”, which has one of the reddest, whitest, and bluest webpages in all of the world. 

Rabbi Teitelbaum’s cause is to force taxpayers to fund religious schools under the guise of “school choice”; a clear violation of the Establishment Clause of the Constitution. Under the Supreme Court’s test in Lemon v. Kurtzman, any alleged violation of the Establishment Clause will be determined through a three-prong test: (1) whether the government’s action has a secular or a religious purpose; (2) whether the primary effect of the government’s action is to advance or endorse religion; and (3) whether the government’s policy or practice fosters an excessive entanglement between government and religion.

Handing out taxpayer money to fund religious schools violates all three prongs of the Lemon test; to be unconstitutional, in need only violate one. As Kathy Weppner points out, if we don’t enforce the law, we’ll become a lawless society

So what does western New York’s most unintentionally hilarious candidate do? She accepts an award from a ersatz Constitutionalist group that advocates violating the Constitution. 

The Alliance for Free Choice in Education is pleased and proud to congratulate Kathy Weppner, Republican & Conservative candidate for the House of Representatives from New York’s 26th District, for leading the battle to restore Constitutional Government. She joined candidates from across the country who visited the new nonpartisan website [omitted], and took the pledge to do all she can in support of the Constitution, beginning with lower taxes, individual-controlled healthcare and parental choice in education.

So, in order to get this “congratulations”, all Weppner had to do was scour the internet for some cockamamie pledge to take – a pledge not to her putative constituents, but to a particular special interest group that seeks to starve the public schools and subsidize religion with taxpayer money

The site was recently developed by the New Jersey based Alliance to provide the ways and means for citizen candidates to identify themselves as champions of the Constitution, and where voters may meet them, vet them and support them.

While the site is nonpartisan, its mission is to restore Constitutional government by identifying and supporting those who are truly committed to the Constitution and its clearly-defined limited powers. Although most Americans profess to support the Constitution, and every public official takes an oath to do so, a plain reading of the Constitution’s opening paragraph – the Preamble – does not resemble twenty-first-century America.

What’s great about that passage is that the Preamble has absolutely no legal effect.  It’s an introduction.  

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Constitution has been our founding document for over 200 years, and some obscure Rabbi in New Jersey has declared that it bears no resemblance to contemporary American society, and Weppner touts this as totally cool.  So, what the hell are these people talking about? 

One-million-four-hundred-thousand gang members roaming the streets of American [sic], and a crime rate that impacts at least three percent of Americans annually, cannot be described as “domestic tranquility.” Open borders will not lead to “the common defense,” and the “blessings of liberty” are inconsistent with government financially coercing parents to send their children to substandard schools where they are subject to government indoctrination.                                                                                                                                            

Gosh, that doesn’t sound nice at all. Gang members roaming the streets! Remember back in 1787 when there was no crime at all? Remember how we committed genocide against the American Indians? Now that’s what I call “domestic tranquility”.  Also, the War of 1812, slavery, the Alien & Sedition Acts, the Burr/Hamilton duel in New Jersey – all of these things are ostensibly better examples of “domestic tranquility” and “liberty” than what idiots call “open borders” and public schools -an idea pioneered by Horace Mann.  

The United States was a product of the Enlightenment – not the middle ages. 

One need not be a Constitutional expert to recognize that we have veered far off the Constitutional track. In an attempt to turn the tide, masses turned out to vote in the most recent midterm election of 2010, and changed more seats than in any midterm election since 1938. Yet, the distance from our founding principles continues to grow more quickly than ever. It will take informed and activated voters to drive us back on track.

I thought this was a “nonpartisan” organization? 

We can restore Constitutional government, provided we not only vote, but also vote for those who stand for the Constitution and its essential principles of liberty, limited government and equal opportunity under the law. Ideally, we need to meet the candidates and vet them, just as we would do if we were hiring an employee. Alternatively, we may rely on those who have done so. Modern technology now makes it possible for this to be facilitated online.

The ways and means to restore our nation back onto its Constitutional track are now available. It’s now up to every American to do what it takes to turn our government onto the right track. We are most grateful to Kathy Weppner, of New York’s 26thCongressional District, for her courage, fortitude and tireless efforts on behalf of us all. 

TL;DR: Phony Constitutionalist Kathy Weppner gets a “thank you” from an obscure New Jersey crank who doesn’t understand the Constitution. 

LOL GOVERNOR TRUMP ROTFL

First, let’s recall the mass fellating that local Republicans gave Donald Trump when he pretended to be interested in running for governor, and then again when he pretended to be in interested in buying the Bills. 

Shorthand: back when Donald Trump pretended to give two shits about our fair backwater. 

The Pegulas, on the other hand, have taken a billion and a half of the money they made fracking Pennsylvania and bought the Sabres, and then the Bills. In just a couple of months, the Bills went from likely departure to an indefinite Buffalo domicile. 

Trump sharted this on his Twitter machine Friday: 

Quite possibly the best response came from one of the Pegula daughters, Jessie. I’m sure being a billionaire is awesome in many ways, but here’s the difference between a sociopathic narcissist and a real human being: 

Indeed, it isn’t. Meanwhile, Trump should probably concentrate on his gaming business, which is facing its fourth (maybe fifth?) bankruptcy. Stop idolizing this guy. He’s not emblematic of how rich people should act.  Quite the opposite. 

About that Peace and Progress

stinkfaceSaturday is the big Erie County Democratic Reorganization meeting, where Jeremy Zellner will battle it out with Mark Manna for the 2-year chairmanship of the party.  I’m on the committee in Clarence, which easily has at least a dozen Democrats. 

I’ve received mail and calls from Zellner’s effort, but nothing from Manna’s. This is interesting to me, because the anti-Zellner bloc purport to want to fight “Republicans again instead of Democrats” and bring “peace and progress” to the party. 

The reasons I reckon this is utter bullshit include: 

1. If they wanted to bring peace, they’d reach out to people like me in some meaningful way.  Not only am I a committeeman, but for years, I’ve been writing about the stupid unproductivity of Democratic infighting. I have not received a call or a piece of mail or a Facebook message or an email. Nothing.  UPDATE: I received a Facebook message (I thought it was just a generic announcement) and Manna called me to chat this afternoon. We aired our various issues as between Zellner and the people backing Manna, and I continue to like and respect Mark even if I am not supporting this effort of his.

2. The people backing Manna are not people known for bringing “peace and progress” to the Democratic committee.  On the contrary, Byron Brown, Steve Pigeon, and Tim Kennedy have spent most of their time sabotaging first Lenihan and then Zellner. When Zellner actually made an effort to bring peace by endorsing Byron Brown, he did so with Brown’s agreement to reciprocate. Byron Brown is reneging on that agreement, and it’s simply dishonorable. Tim Kennedy is supremely butthurt that ECDC endorsed Betty Jean Grant over him, but what did he think? That you could hand over a Democratic legislature into Chris Collins’ hands and just get away with it? Give almost $100k to a PAC working to sabotage ECDC candidates and be forgiven the next day? And convicted felon Pedro Espada’s patronage hire – neither peace nor progress is not on the agenda, ever. 

3. Former TV personality Kristy Mazurek is aligned with the anti-Zellner effort. Kristy Mazurek called WEDG on primary day to try and intimidate the station into keeping me off the air, telling them that a “team of lawyers” was “monitoring” me, threatening Shredd & Ragan with a subpoena. Perhaps “peace and progress” is this crowd’s way of saying, “retribution and intimidation”. They’re being quite transparent about the kind of operation they intend to run. They also don’t scare me or Shredd & Ragan. 

4. Mike Deely, the local head of the teacher’s union, is viciously against Zellner. No one really knows what this guy’s deal is, but he parachuted into his position in 2011, marshals hundreds of thousands in union dollars, and now wants to dictate who the chair should be? I wonder whether Deely thinks that, e.g., Tim Kennedy handing over the legislature to Chris Collins was good for public education or teachers. Wynnie Fisher ran for the legislature last year. Deely donated to her campaign. What does Deely think about the vicious attack that his new allies launched against Fisher last November? Furthermore, Deely swore under oath that John Rivera and Assemblyman Sean Ryan saw Dennis Ward destroy Deely’s committee petitions. Rivera and Ryan say they saw no such thing

5. They don’t want to fight Republicans, they want to control jobs and settle scores. It’s evident from their words and deeds. If they win, I’ll probably switch to unenrolled. I won’t ever play their game and sabotage Democrats or their party apparatus. But I certainly won’t help them, either. I don’t reward bullying, trolling, and bad behavior. 

Those who cannot remember the past are condemned to repeat it. – George Santayana

Political Shorts and a Hot Dog Stand

1. Schneiderman Kickoff

Attorney General Eric Schneiderman kicked off the WNY leg of his 2014 re-election campaign in Niagara Square on Tuesday, flanked by a wide variety of politicians, activists, and union leaders from throughout the area, some of whom don’t always get along (more on that later). Throughout his first term, the former State Senator from New York’s Upper West Side has brought a new energy to the Attorney General’s office, with his most significant focus being the protection of the average consumer from predatory, unfair, and deceptive business practices.

After glowing speeches from former Congresswoman Kathy Hochul and Mayor Byron Brown, Schneiderman was introduced by Avi Israel, an average guy from North Buffalo. Israel’s son, Michael, tragically committed suicide a few years ago in part  because he was taking several prescription medications that different doctors had prescribed.  Because there was no mechanism in place for the physicians to see what others had prescribed, and at the time of his suicide, Michael was taking about 20 different medications

With Schneiderman’s help and lobbying, New York passed the I-STOP prescription monitoring program last year. The program requires providers to review a patient’s medical history before prescribing any opioid pain medication. It also requires any such medications to be e-prescribed, and the filling of any prescription by a New York pharmacy updates the database in real time. This has decreased doctor-shopping in New York by an incredible 75%

Just this week, the AG’s office cut a deal with Wal*Mart over a fraudulent “sugar tax” it was levying on sales of soda

Schneiderman’s opponent is hitting the incumbent on his silence over the Moreland Commission debacle. But consider this

I think you may have heard that that is the subject of an ongoing federal investigation, and I don’t comment on ongoing investigations,” Schneiderman told reporters in Schenectady, where he announced $20 million for a land bank initiative. “My office is cooperating with the United States Attorney and we’ll leave it at that.”

Schneiderman has said little about the Moreland Commission’s demise or whether he knew about claims that Cuomo’s administration was interfering in the panel’s work and steering them away from Cuomo’s allies.

Schneiderman’s office deputized the members of the commission, and has been cooperating with U.S. Attorney Preet Bharara’s office in connection with its ongoing investigation. Meanwhile, Schneiderman’s opponent touts his work with George Pataki, a governor who didn’t need to shut down his own investigation into public corruption because it never made its way to his agenda. 

For his part, Schneiderman noted that his office had prosecuted over 50 cases of public employees and electeds stealing taxpayer money and abuse of power. 

2. Scratch that!

State Sellout Tim Kennedy is not challenging Jeremy Zellner for the chairmanship of the Erie County Democratic Committee at this Saturday’s re-organization meeting. Instead, it will be Amherst Town Councilman Mark Manna. Manna reportedly has the backing of Mike Deely from NYSUT, State Sellout Tim Kennedy, and Mayor Byron Brown. 

This is all very interesting mostly because Zellner and ECDC endorsed Brown’s re-election campaign last year on the express condition and guarantee that the Mayor would back Zellner’s re-election as chairman. That’s honor for you. I’m not 100% sure what it is about Steve Pigeon’s track record of running the party in the late 90s is so desirable to people, so it must come down to who doles out the jobs, and possibly something to do with the judicial nominations. There’s no other objectively rational explanation. 

I like Mark, so I’m not going to bash him, but I will say this: Zellner’s opposition is running on a “peace and progress” platform. It seems to me that Erie County Democrats could easily have had peace and progress over the course of the last decade if there wasn’t a conspiratorial opposition working feverishly to sabotage the county committee every so often. A group of malcontents (Deely, for example, was for Teachout/Wu and now he’s aligned with people who sell out to the GOP regularly?) conspiring in Steve Pigeon’s house to overthrow the guy they’ve been working feverishly to weaken over the last few years is hardly the picture of party unity anyone needs. This time, at least, they don’t have Governor Cuomo’s blessing or support. 

Let it be clear: if you hand over the reins of the party committee to Steve Pigeon, the last things you’ll get are peace or progress. 

3. Grisanti Staying In The Race

State Senator Mark Grisanti remains on the Independence Fusion Party’s ballot, and dammit he’s got bank, and he’s gonna spend it. Right now, it would be a 4-way race involving Grisanti, Marc Panepinto on the (D) line, Kevin Stocker on the (R) line, and Timothy Gallagher (who?) on the Conservative Fusion Party line. Stocker and Gallagher split the gun-fetish vote, so look for Stocker to somehow wrangle the Conservative Fusion line in the next few weeks. With Stocker picking up the anti-Cuomo vote, Grisanti and Panepinto duke it out for the general electorate, which is overwhelmingly Democratic, but not especially liberal. 

126,000 people voted in 2012, and turnout might be about that high, given the gubernatorial race. But when Paladino ran in 2010, only 65,000 people voted overall, and Grisanti narrowly beat incumbent Antoine Thompson. 2012 gave voters a chance to express their outrage at Grisanti’s same sex marriage vote, and 2014 gives the NY SAFE Act opponents a similar opportunity. But Grisanti can tout the fact that both major parties have rejected him and posit himself as the centrist alternative to ultra-left-wing Panepinto and extreme right-wing Stocker. Don’t count Grisanti out just yet. In November,  the tea party’s influence is significantly more diluted than it was in September. 

4. How hard is it to operate a bridge,

for God’s sake? The Peace Bridge is the steel emblem of western New York. It is our physical connection to a huge, wealthy Canadian marketplace, and stands as a symbol of political gridlock, secrecy, inaction, failure, and idiocy. 

5. Reverse Cowdog Taken?

The contrived use of shipping containers – whatever. But I quite literally hate everything else about this “Dog e Style” from the name, to the font, to the sign, to the mascot. Get it? The hot dog is wearing a tux, so is “é” “is” in Portuguese? But the double entendre is “doggy style”, which will make parents of pre-adolescents cringe the hell away from that place because, really. The day my kid asks to get a “gourmet” hot dog at a place pronounced “doggy style” is not a day that will ever happen. 

Via @buffalovebirds at Twitter

Via @buffalovebirds at Twitter

 

Antoine Thompson: Alleged Assailant

A campaign worker went down to Antoine Thompson’s campaign HQ this past Thursday – two days after Thompson lost a primary to incumbent Crystal Peoples-Stokes – and says he got the crap beat out of him

Christopher Patterson, 37, said in a police report that Thompson held him down at his Assembly campaign headquarters on East Delavan Avenue, two days after the candidate’s defeat in the Democratic primary for Assembly. He also said two others, Neil Mack and Rashad Howard, punched and kicked him. He said that the assault caused him pain and abrasions to the back of his neck and that he needed to seek treatment at Sisters Hospital.

That whole thing will play itself out on the criminal and civil dockets, but congratulations seem to be in order for Mr. Thompson, who has evidently recovered nicely from the injuries he allegedly suffered in a fender-bender; injuries that were so mild that he used the experience as an effort to weaken the state’s no-fault threshold of “serious injury” for car crash lawsuits

The most amazing thing about Thompson’s attempt to re-enter the political arena is that Crystal Peoples-Stokes and Byron Brown basically gave him the best gift – a job when he needed one, a couple of years after Mark Grisanti kicked him out of the State Senate. 

Maybe he can get a job advising the Weppner campaign? They seem made for each other. 

Trolling Erie County Democrats

Word has it that Steve Pigeon’s biennial attempt to troll the Erie County Democratic Committee comes in the form of a new challenge to Jeremy Zellner’s chairmanship. Reportedly going around calling himself the most powerful Democrat in WNY, in comes State Senator Tim Kennedy, who is allegedly putting his name in contention as county chair. 

You might remember Tim Kennedy, who recently won re-election by wildly out-spending his opponent, orchestrated a coup in the Erie County Legislature in 2010. That coup took a Democratic majority and handed over a de facto Republican majority to Chris Collins. In exchange, Kennedy’s path to the state Senate was cleared. 

So, to be clear, Tim Kennedy sold out Democrats and his constituents in favor of Chris Collins and the Conservative Party to ease his path to the Senate. 

Because this isn’t remotely serious, they’re unlikely to show up. Being chair is actually difficult work. This crowd is content to play fast and loose with campaign finance rules, and to sabotage the committee and its candidates for the next couple of years. 

 

The Curse of the Donn Esmonde Column

What better way to explain away systemic failure than to do what they did in the Middle Ages and just blame it on some supernatural curse? 

The Boston Globe’s Dan Shaughnessy first articulated the concept of the Red Sox “Curse of the Bambino” in a book released in 1990.  It soon became lore – during fall Sox games, the “Reverse Curve” sign on an overpass on the outbound Storrow Drive became “Reverse Curse”. 

So Donn Esmonde, a semi-retired Buffalo News columnist/asshole, came up with a “curse” for Buffalo. This is, naturally, not at all original. Some believe that Buffalo is cursed because President McKinley was assassinated here. It’s much easier than, say, absorbing the details and lessons from Diana Dillaway’s “Power Failure and addressing longstanding ways in which Buffalo continues to stand in the way of its own progress. 

Esmonde’s way of cheering the Pegula family’s purchase of the Buffalo Bills reads more like the rantings of an obsessed geek fanboy writing erotic fanfiction featuring Karen Gillan and Kari from “Mythbusters“. 

If the stars and fates were – for reasons unknown – lined up for decades against the city, those fortunes indisputably have changed. The U-turn has been so dramatic – and the reversal so long overdue – that the dark cloud may have lifted for generations to come.

Note to Fate: It’s about time.

It’s not fate. There is not a single thing about Buffalo and WNY that has fundamentally changed in the last 10 years, except perhaps locals’ attitudes about the city. When the governor throws a billion dollars at your city for economic development, good things would happen anywhere. The funding of ECHDC with money from the power authority helped bring about Canalside, and that was thanks to smart politicians exercising their clout. But do we really need NYPA? Shouldn’t WNY have been benefiting from cheap hydropower for the last century? Couldn’t Albany do something about making it easier to start and do business in New York State instead of just making it rain cash? Our recent election results show just how same old same old our area is.  Lucking into finding a sports-fan billionaire is just that – luck. His purchase of the Bills changes none of the fundamental, underlying problems that we face. 

Any “curse” is of our own creation, and we maintain it lovingly every time we “participate” in our electoral system. 

If indeed there was a dark cloud hanging for decades over our sporting teams and civic fortunes, it’s safe to conclude it has been mugged, mauled, pummeled and smothered into submission.

The way things are going, there will be a shiny Stanley Cup in our trophy case and a Super Bowl parade down Main Street sometime in the next decade. Crazy talk, I know. But who could have imagined that a Pegula would suddenly appear, as if brought to life by our collective wishful thinking?

We suffered the misfortunes of Wide Right, four straight Super Bowl losses, No Goal and various other sporting calamities. The supposed prior salvation of the Sabres – and a downtown-reviving Adelphia empire – offered by the Rigas family vaporized in false promises and prison sentences.

The sports calamities pale in comparison to our social, economic, and political calamities, all of which continue apace. Another article in the News details the process whereby amateur, unqualified “planners” dictate the future of the Outer Harbor by passive-aggressive sticky note.  Don’t tell me that any curse is lifted when we have people whining about people living in gorgeous new housing near the Lake. I mean, just look at what waterfront development did to those unlivable hellholes like Vancouver, Toronto, New York, Fort Lauderdale, Miami, Singapore, and Chicago! We’d never want to be like those places! By God, that Outer Harbor has been a contaminated wasteland for the last 80 years, and by God a contaminated wasteland it should stay!

Apart from Silicon Valley, newly minted billionaires don’t generally fall from the sky – particularly around here. Pegula, in essence, emerged from the earth – or, at least, the source of his billions did. Advancements in the technology of natural gas extraction, called fracking, in recent years turned natural gas deposits mile-deep in shale into 21st-century treasure. Though environmentally controversial, fracking transformed Pegula seemingly overnight into a multibillionaire. With decades in the industry, Pegula – a native Pennsylvanian whose Western New York roots are nearly 40 years deep – saw the coming technology early on and acquired massive stretches of shale-rich land. He has, over the last five years, sold pieces of his stake for billions of dollars.

Luckily for us.

This one is fantastic. Esmonde is glossing over the environmental disaster that is natural gas extraction through hydrofracking. The modern fracking they do in Pennsylvania and other places is not yet allowed in New York, and while some think it would be a boon for economically depressed parts of central New York – mostly around Utica and Binghamton – it comes with huge environmental risks. 

You need look no further than this Donn Esmonde column from 2011, wherein he recounts how fracking rigs in Springville made a young family sick, and turned their well water suddenly flammable. Heartbreaking:

“I couldn’t understand why my kids were getting sick,” said Brant. “Are they going to have health problems for the rest of their lives? I have six girls, will they be able to have children?”

One could argue that fracking may have “cursed” that family, because looking at it all scientifically, empirically, and objectively is far too complicated and difficult. But what’s a little poisoned water, poisoned kids, and geological trauma when a billionaire can buy our sports team? 

I understand that we’re willing to hold our collective civic nose and ignore how Pegula made his billions, but to gloss over it and cheer the lifting of a “curse” is going a bit too far, even for Tea Party Donn

With Pegula’s emergence, Buffalo really stepped in it – but this time, instead of stomping into something odoriferous, we walked into a bed of roses. Mesh the reversal of our sporting fortunes with the ongoing repopulation of downtown, the development of the waterfront, the revival of the West Side, the emergence of Canalside and the rise of the Medical Campus, and there is just one rational rhetorical question begging to be asked: Curse? What Curse?

Buffalo’s population continues to decline. Our politics remain hopelessly dysfunctional and corrupt, and all of these things are happening in spite of that. Buffalonians and WNYers may have more optimism and hope, but it’s not because one billionaire bought the Bills – it’s because in the last 20 years, we’ve been forced at last to get past our post-industrial malaise and figure out a path to the future. We may not always agree, and we may fight and argue about the details of how to move forward, but it’s because of the work of visionary businesspeople, tax credits and incentives, activists, volunteers, and organizations that our region seems to be moving forward. For every billionaire sports team owner, the real hard work is being done by people who live paycheck to paycheck, or freelance check to freelance check. It’s being done by entrepreneurs who put their talent and passion into various projects. It’s not the grand shopping sprees that make Buffalo better, it’s all the little things that people do with minimal fanfare and very hard work. 

As for me, I’m convinced that Buffalo’s “curse” won’t be lifted until Donn Esmonde stops writing trite, humorless nonsense in the local paper and retires to his suburban tract home in Florida

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