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.  

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.

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!

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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 18^th, DUI/CDL CHECKPOINT, 1900-0300, City of Anaheim

Sat, Dec 18^th, DUI/CDL CHECKPOINT, 1900-0300, City of Laguna Beach

Sat, Dec 18^th, DUI/CDL CHECKPOINT, 1900-0300, City of Fullerton

Sat, Dec 18^th, 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 19^th, 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 18^th, DUI Saturation Patrol, 2000-0300, City of Tustin

Sat, Dec 18^th, DUI Saturation Patrol, 2000-0300, City of Fountain Valley

Sun, Dec 19th, DUI Saturation Patrol, 2000-0300, City of La Habra

Mon, Dec 20^th, Warrant/Probation Sweep - Orange County Sheriff’s Department

Mon, Dec 20^th, DUI Saturation Patrol 2000-0300, City of Cypress

Thurs, Dec 23^rd, DUI Saturation Patrol, 2000-0300, City of Seal Beach

Sun, Dec 26^th, DUI Saturation Patrol, 2000-0300, City of Santa Ana

Thurs, Dec 30^th, DUI Saturation Patrol, 2000-0300, City of Seal Beach

Thurs, Dec 30^th,  DUI/DL CHECKPOINT 1800-0200, City of Laguna Hills

Fri, Dec 31^st, DUI Saturation Patrol, 2000-0300, City of Anaheim

Fri, Dec 31^st, DUI Saturation Patrol, 2000-0300, City of Placentia

Fri, Dec 31^st, DUI Saturation Patrol, 2000-0300, City of Westminster

Sun, Jan 2^nd, 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.

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

Lot Line Adjustments Made Easy

Trial Court Upholds Napa County's Allowance of Multiple (Sequential) Lot Line Adjustments and Allows Them to be  Treated as "Ministerial" Under CEQA

On November 12, the Napa County Superior Court ruled in favor of

Health Care Mandate Unconstitutional

CBSNews.com is reporting that a federal judge has declared the health care mandate unconstitutional. 

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