Friday, December 17, 2010

Fullerton's Municipal Code Unconstitutional?

Does Fullerton's recent amendment of the city's municipal code regarding tattoo parlors violate the First Amendment Rights of artists? 

Could we see a reversal of the amended sections of the municipal code or will Mayor Jones hold to the false accusation that tattoo parlors spread hepatitis B?

A Reason Foundation story by associate editor Damon W. Root is out that just might cause our council some heartburn (emphasis added by me).
"The tattoo designs that are applied by me are individual and unique creative works of visual art,” the tattoo artist Johnny Anderson claimed in a 2006 lawsuit. They are therefore constitutionally protected speech, he argued, so the courts should strike down a ban on tattoo parlors within the city limits of Hermosa Beach, California.

In September a unanimous three-judge panel of the U.S. Court of Appeals for the 9th Circuit agreed, holding that “the tattoo itself, the process of tattooing, and the business of tattooing are forms of pure expression fully protected by the First Amendment.” It’s the highest-profile victory yet in the tattoo trade’s long battle against the regulatory state.

New York City, where the electric tattoo machine was invented and patented in 1891, legalized the practice in 1997, lifting a 36-year-old ban imposed after tattooing was falsely linked to a hepatitis B scare.

Massachusetts legalized the practice in 2000 after state Superior Court Justice Barbara Rouse struck down a similar ban. Unlike previous precedents on the topic of tattooed speech, the 9th Circuit’s ruling limits state action from Alaska to Arizona and is likely to influence other jurisdictions around the country. 

Damon W. Root is an associate editor at reason.

Transportation Not Life Support for Urban Growth

Robert W. Poole, Jr. of the Reason Foundation emailed a quote to me that I would like to pass along.  Considering the number of SCAG and transportation-realted visitors to this blog, I thought it was very appropriate to post here. 
“[M]uch available evidence points to the fact that while investment in transit systems may well support, and even strengthen, pre-existing trends toward urban growth and CBD consolidation, it never creates such trends where they do not already exist, and certainly cannot reverse trends toward spatial dispersion. The difference between the two views may appear at first to be merely a matter of emphasis. But on more careful observation, it can be seen that the implications for public transport decisions are very dissimilar. The first position leads to investment motivated by the desire to arrest unwanted trends toward lower-density urban forms, or actively create denser forms of development. The latter view notes that the right time, and perhaps the only time, to invest heavily in urban public transit systems is when underlying trends show that the urban form is already consolidating for reasons unrelated to transport.” —Andrew Marsay, “Capturing Growth Trends Through Investment in Public Transport Interchanges,” paper for University of Johannesburg’s annual “Discourse” series.
And yet the Fullerton City Council continues to approve and subsidize massive transportation and urban redevelopment projects, knowing full-well that there is no demand in the private sector.  

Thursday, December 16, 2010

KATHERINE MANGU-WARD DISCUSSES CHARITY AND GOVERNMENT ON FREEDOM WATCH



Reason Senior Editor Katherine Mangu-Ward appeared on Freedom Watch with Judge Napolitano to discuss the Obama administration's efforts to eliminate tax deductions for charitable contributions and the effects of publicly-funded social programs on private charities. Airdate: November 25, 2010.

Approximately 5 minutes.

Wednesday, December 15, 2010

Even the Fullerton Observer Can See the Problems at Cal State Fullerton

I've been writing about CSUF for about a year after discovering how much of our taxes are, in my opinion, squandered and completely mismanaged.  I brought you CSUF Milton Gordon's mansion which is owned by the taxpayers and the problem with FERPing (it really is as bad as it sounds).  You can read the posts HERE, HERE, HERE, and HERE.  And now the Fullerton Observer, a local publication, has caught the bug.  Below is the entirety of an article by Mark Shapiro, available HERE.  Enjoy!
============================================================


Half-time Interim Director at CSUF Paid $165,104
by Mark H. Shapiro

Although the California State University system is in the midst of a major budget crisis, a retired Cal State Fullerton administrator who was hired back as the Interim Director of University Planning received a salary of $165,104 this past fiscal year (according to the Sacramento Bee database of state salaries).

Because Michael C. Parker retired from Cal State Fullerton in 2005 where he worked as Chief Information Technology Officer and Professor of Counseling, he must, as a retired annuitant, work less than half-time in order to keep his pension income.

In 2009 his CalPERS retirement income was $105,129 according to information available from Californiapensionreform.com.

On a full-time basis, Parker’s salary would be equivalent to $330,208, which would exceed that of CSU Fullerton’s President, Milton A. Gordon, by some $28,166.

Even Parker’s part-time salary of $165,104, when combined with his CSU retirement income of $105,129 amounts to $270,233.

This would make him the second-highest paid administrator at Cal State Fullerton, just behind Gordon who received $302,042 in 2009, and well ahead of the next-highest paid administrator, head basketball coach Bob Burton, who received $213,007 in 2009.

The position of Interim Director of Strategic Planning probably is an important one. 

Previous efforts at strategic planning at Cal State Fullerton have yielded little in the way of tangible results, in the opinion of many campus employees.
But given the seriousness of the current budget crisis, the current effort at planning may be more successful.

Nevertheless, it seems very unusual that a half-time Interim Director of Strategic Planning would be paid more (not including his retirement pay) than a host of full-time academic deans and other top-level administrators on the campus.

In fact, none of the academic college deans at Fullerton earned more than $160,223 in 2009, even though they work on a full-time basis.

The author has known Mike Parker professionally for many years, and considers him to be a decent and hard-working administrator.

But it still seems strange that he would be paid so much money for a half-time job that is important, but no more important than those of, say, the academic deans.

This is particularly true at a time when the University is working under extreme budget constraints.

One wonders if the taxpayers are being wellserved in these circumstances.

(The author worked for many years as a Professor of Physics at Cal State Fullerton. He also publishes The Irascible Professor, an online journal that covers issues in education. It is available on the Internet at http://irascibleprofessor.com/)

OC Sheriff's Dept. Releases List of DUI Checkpoints for the Holidays


SHERIFF-CORONER DEPARTMENT
COUNTY OF ORANGE
CALIFORNIA


550 NORTH FLOWER STREET
– P.O.
BOX 449
SANTA ANA, CALIFORNIA 92702-0449
(714) 647-7042
PRESS  RELEASE
Avoid the 38 – Orange County Winter Holiday 2010 DUI
Crackdown Schedule of Operations

Orange County, CA - Orange County Avoid the 38 is announcing its upcoming enforcement operations for the Winter Holiday DUI Campaign.  The following schedule of operations, dates, and locations are provided for media releases. 

Fri, Dec 17th, DUI/DL CHECKPOINT 1900-0300, City of La Habra       (Mini Grant Checkpoint)
Fri, Dec 17th, DUI/DL CHECKPOINT 1900-0300, City of Cypress
Fri, Dec 17th, DUI/DL CHECKPOINT 1900-0300, City of Dana Point
Sat, Dec 18th, DUI/CDL CHECKPOINT, 1900-0300, City of Anaheim
Sat, Dec 18th, DUI/CDL CHECKPOINT, 1900-0300, City of Laguna Beach
Sat, Dec 18th, DUI/CDL CHECKPOINT, 1900-0300, City of Fullerton
Sat, Dec 18th, DUI TASKFORCE OPERATIONS, 2000-0200, City of Cypress, with Anaheim, La Palma, Los Alamitos and Seal Beach Police Departments.
Fri, Sat, Dec 17 and 18, DUI TASKFORCE OPERATIONS, 2000-0200, City of Irvine and Tustin Police Departments.  
Fri, Sat, Sun, Dec 17, 18, and 19th, DUI TASKFORCE OPERATIONS, 2000-0200, City of La Habra with the Buena Park, and Placentia Police Departments.  
Fri, Dec 17th, DUI Saturation Patrol, 2000-0300, City of Brea
Sat, Dec 18th, DUI Saturation Patrol, 2000-0300, City of Tustin
Sat, Dec 18th, DUI Saturation Patrol, 2000-0300, City of Fountain Valley
Sun, Dec 19th, DUI Saturation Patrol, 2000-0300, City of La Habra
Mon, Dec 20th, Warrant/Probation Sweep - Orange County Sheriff’s Department
Mon, Dec 20th, DUI Saturation Patrol 2000-0300, City of Cypress
Thurs, Dec 23rd, DUI Saturation Patrol, 2000-0300, City of Seal Beach
Sun, Dec 26th, DUI Saturation Patrol, 2000-0300, City of Santa Ana
Thurs, Dec 30th, DUI Saturation Patrol, 2000-0300, City of Seal Beach
Thurs, Dec 30th,  DUI/DL CHECKPOINT 1800-0200, City of Laguna Hills
Fri, Dec 31st, DUI Saturation Patrol, 2000-0300, City of Anaheim
Fri, Dec 31st, DUI Saturation Patrol, 2000-0300, City of Placentia
Fri, Dec 31st, DUI Saturation Patrol, 2000-0300, City of Westminster
Sun, Jan 2nd, DUI Saturation Patrol, 2000-0300, City of Anaheim
Additional DUI Saturation Patrols to be done by Buena Park PD, California University Police at Fullerton, La Palma Police, Los Alamitos Police, Orange County Sheriff’s Department, Seal Beach Police, Tustin Police and the University of California at Irvine Police Departments.
Additional information about the Avoid Program and operational plans from around the region can be found at http://www.californiaavoid.org/.  Statistical data on the number of DUI arrests and DUI fatal crashes will be released from the previous day’s activities throughout the holiday weekend.
Media Notes:  Reporters are invited to ride along with law enforcement or may join Task Force & checkpoint operations in your region throughout the Campaign by contacting the Orange County Sheriff Department’s Public Affairs Office at 714-647-7042

Funding for the “Avoid” program is provided by a grant from the California Office of Traffic Safety through the
National Highway
Traffic Safety Administration.

Limited Governance

As new City Council members take their oath in the coming weeks, I hope each will remember what it means to be an OC Republican and lead by example:
Inalienable Rights: We believe that man's "rights" flow from the Creator and the rights of life, liberty and justice cannot be legitimately granted or rescinded by men.

Self-Government: We believe that the only answer to the current moral decline that our nation now faces is a return to the beliefs and standards of morality which our founding fathers placed into the Constitution. We believe with the framers of that document when President Adams stated, "This Constitution will not work except with a religious people." We understand that the concept of self-government begins with governing one’s self first, then family, community, state, and nation.

Education: We believe in the rights of parents to a quality education for their children. We support parental choice to create competition among the schools. We must insure that no school or teachers union can compromise the education of our children or advance a particular political agenda at the expense of our future generation’s educations.

Taxes: We believe that the federal tax system is abusive to the American people while discouraging investment and growth. We believe in growth-oriented tax policies which would gradually eliminate punitive income taxes and move our tax system in the direction of use taxes and sales taxes only.

Free Enterprise: We believe in the free enterprise system as the best hope for men and women to fulfill their economic hopes and dreams. We know that the free market is the most efficient and the least costly system to deliver the highest quality goods and services at the lowest price to the consumer. We will support only those who support the free enterprise system through legislation to reduce or eliminate intrusive government intervention in the marketplace.

Family: We believe that the traditional American family, defined as any persons related by blood, marriage of a man and a woman and/or adoption, is the cornerstone of our American society, and the government is duty bound to protect the integrity of the family unit through legislation and taxation policies.

Sanctity of Life: We believe that the preborn child is a human being deserving the full protection of the law.

National Defense: We believe in a strong and consistent national defense. We believe in victory over, and not accommodation with, tyranny in any form or philosophy.

Right to Bear Arms: We believe in the unqualified right of our citizens to keep and bear arms without the intrusive hand of government.

Victims’ Rights: We believe in the concept of victims’ rights over the rights of any criminal. We support a system of restitution as a deterrent to crime and recidivism.

Term Limitation: We believe that public service is a privilege. We support term limits for public officials, not as an ideal but as a necessity to dissuade career politicians. It is the people who should rule, not an elite with little accountability.

National Sovereignty: We believe in an America first program in which Government’s first concern is the welfare and protection of the American people. We do not believe in trade protectionism but support political leaders who will adopt policies that create fair and competitive trade.

Decentralized Government: We believe in the power of the individual over the power of the state. We believe that only small government truly serves the needs of the people.

I will pray that elected representatives will not forget these principles. And, for good measure, I will remind them regularly.

Tuesday, December 14, 2010

BANNED: Welcome to Nanny State Nation



Whether you love it, hate it, or have never thought about it, chances are some politician wants to ban it. "Welcome to the Nanny State Nation," says reason.tv host Drew Carey. "Where the government minds your own business."

Saggy pants, fire places, plastic bags, light bulbs, poker—it's all been banned somewhere. Same with owning swine or fowl, feeding pigeons, owning pit bulls, and chomping on trans fats, a naughty little substance that makes food taste better.

Of course, smoking's been banned in all sorts of places—indoors, outdoors, near doors, beaches, casinos, even private homes. America's smoking ban craze began in California. So many bans start there.

"But is New York City the new California?" asks Carey? Smoking, trans fat, aluminum baseball bats, straddling a bike, wearing in-line skates or drinking coffee on a subway—the Big Apple bans them all.

Even if we don't particularly like something we should be wary of banning it because every ban is backed up by the force of law. Plus, would you want to live in a nation that bans everything that offends someone?

Carey wonders when so many of us turned into "ban-happy busybodies," and compliments the British on their more civilized approach to bans.

Assemblyman Norby's Christmas Open House 12/16


www.asm.ca.gov/Norby
Assemblymember.Norby@assembly.ca.gov


Christmas Open House


WHAT:
Christmas Open House
WHEN:
Thursday, December 16th
4pm - 7pm
WHERE: 
Assemblyman Norby's District Office
210 W. Birch St., Suite 202 Brea, CA 92821

The office is located on the second floor of the building. Enter in through the side door next to the police office.
RSVP to the District Office: (714) 672-4734.







DISTRICT OFFICE
210 Birch St., Suite 202
Brea, CA 92821
714-672-4734, 714-672-4737 fax

CAPITOL OFFICE
P.O. Box 942849
Sacramento, CA 94249
916-319-2072, 916-319-2172 fax

Sunday, December 12, 2010

Visitors from around the world

As it turns out, there are hundreds of regular visitors to this blog from around the world!  Thanks for stopping by and please subscribe (see sidebar at right) before you leave.


Google Analytics map of cities with visitors to this blog in just the last few days .


Greg Sebourn

The Beauty of a Storm

The Beauty of a Storm
Orange County, Ca.

My Grandma - A Eulogy

LET'S TALK ABOUT 1914 FOR A MOMENT.



FOR STARTERS, GRANDMA WAS BORN TUESDAY, DECEMBER 22, 1914 IN HER FAMILY'S ATWOOD RANCH HOUSE.



IT IS WORTH NOTING THOSE ALSO BORN IN 1914:

JACK LALANNE

JOE DIMAGGIO

DANNY THOMAS



AND WHO DIED IN 1914:

JOHN MUIR, THE FAMOUS NATURALIST FOR WHICH NUMEROUS ROADS, PARKS, HOTELS, AND NATURE RESERVES ARE NAMED.



IT IS ALSO WORTH NOTING THAT IN 1914 WOODROW WILSON SIGNS MOTHER'S DAY PROCLAMATION AND BABE RUTH MAKES HIS MAJOR LEAGUE DEBUT WITH THE RED SOX. MOTHER'S DAY AND BASEBALL- TWO OF MY FAVORITES!! (PERHAPS HER NICKNAME "BABE" CAME FROM BABE RUTH???)



GRANDMA WAS BORN INTO A PERIOD OF TIME FILLED WITH TURMOIL. IN JUNE OF 1914 ARCHDUKE FRANZS FERDINAND WAS ASSASSINATED. WITHIN ONE MONTH WORLD WAR I RAGED ACROSS EUROPE. TWO DAYS AFTER HER BIRTH HOWEVER, GERMAN AND BRITISH TROOPS INTERRUPTED WWI TO CELEBRATE CHRISTMAS. (PERHAPS THEY PAUSE KNOWING THAT A GREAT WOMAN WAS BORNE) WORLD WAR I CONTINUED UNTIL THE TREATY OF VERSAILLES IN 1919.



ALTHOUGH SHE WAS ONLY 5 YEARS OLD, SHE SAW THE LEAGUE OF NATIONS CREATED AND THE 19TH AMENDMENT WAS APPROVED BY THE U.S. CONGRESS GUARANTEEING THE RIGHTS OF WOMEN TO VOTE.



SHE LIVED THROUGH MANY NOTABLE EVENTS. LIKE THE 1933 LONG BEACH EARTHQUAKE OR WHEN ATWOOD FLOODED ALONG WITH MOST OF ORANGE COUNTY IN 1938 AND THE FLOOD-WATERS CLAIMED MORE THAN 50 PEOPLE, 43 OF WHICH WERE FROM ATWOOD! ALL OF THIS DURING A TIME THAT WE READ ABOUT IN SCHOOL AND KNOWN AS "THE GREAT DEPRESSION". SOMEWHERE IN ALL OF THAT SHE FOUND THE LOVE OF HER LIFE, GRANDPA LEO, GRADUATED HIGH SCHOOL, GOT MARRIED, AND HAD KIDS!



THEN THERE WAS WORLD WAR II. FROM PEARL HARBOR TO HIROSHIMA, GRANDMA WAS RAISING MY UNCLE BOB AND MOM ARLINE. WITH AIR-RAID SIRENS AND BLACKOUTS SHE WAS A WIFE AND MOTHER. WHAT A TIME TO RAISE CHILDREN! I BET GRANDMA'S PARENTS WERE ABEL TO TELL HER A THING OR TWO ABOUT RAISING KIDS IN WARTIME.



GRANDMA WAS THERE WHEN THE BOY SCOUTS OF AMERICA HELD THEIR 3RD ANNUAL NATIONAL JAMBOREE IN 1953. SHE SAW AIRBASES OPEN IN '42 AND CLOSE IN '99. SHE WATCHED WALTER KNOTT START UP HIS BERRY FARM AND WALT DISNEY TURN ORANGE GROVES AND STRAWBERRY PATCHES INTO DISNEYLAND!



SHE SAW THE HORSE AND CARRIAGE FADE AWAY INTO HISTORY AND SPACE TRAVEL EXPLODE BEFORE HER WITH THE FIRST LUNAR LANDING. JUST IMAGINE HOW MUCH TECHNOLOGY HAS CHANGED OVER THE LAST 100 YEARS. FROM TUBE RECTIFIERS TO SUPERCONDUCTORS; FROM TRANS-ATLANTIC TELEGRAPH CABLES TO SATELLITE TV.



SHE SAW MORE IN HER 93 YEARS THAN MOST OF US WILL EVER READ ABOUT, LET ALONE LIVE THROUGH!



OF THOSE 93 YEARS IT IS MY HONOR TO HAVE BEEN HER GRANDSON FOR 35 OF THEM. SHE WAS MY MOTHER WHEN MOM HAD TO WORK. SHE WIPED MY NOSE AND PUT FOOD IN MY MOUTH. SHE LET ME PLAY WITH GRANDPA EVEN THOUGH SHE NEEDED HIM TO TAKE HER TO THE STORE. SHE WAS MY GRANDMA AND I WILL MISS HER IMMENSELY.



JUST LOOK AROUND THIS ROOM; SHE DID THIS. SHE IS RESPONSIBLE FOR BRINGING SO MANY GOOD PEOPLE INTO THIS WORLD AND TOGETHER TODAY. THIS IS HER LEGACY.



A Dedication To My Loving Wife, Stacey. Thank you for all you do for me!

Brad Paisley - I Thought I Loved You Then


I remember trying not to stare the night that I first met you
You had me mesmerized
3 weeks later in the front porch light taking 45 min to kiss you goodnight
I hadn’t told you yet but I thought I loved you then

Chorus
Now you’re my whole life now you’re my whole world
I just can’t believe the way I feel about you girl
Like a river meets the sea
Stronger than it’s ever been
We’ve come so far since that day
And I thought I loved you then.

I remember taking you back to right where I first met you
You were so surprised
There were people around
But I didn’t care I got down on one knee right there
And once again I thought I loved you then

Chorus
Now you’re my whole life now you’re my whole world
I just can’t believe the way I feel about you girl
Like a river meets the sea
Stronger than it’s ever been
We’ve come so far since that day
And I thought I loved you then.

I can just see you with a baby on the way
I can just see you when your hair is turning gray
What I can’t see is how I’m ever gonna love you more
But I’ve said that before.

Now you’re my whole life now you’re my whole world
I just can’t believe the way I feel about you girl
Well look back some day at this moment that we’re in
And I'll look at you and say I thought I loved you then
And I thought I loved you then...