
Monday, January 14, 2008
Youngsters enjoy Stockton Opera

Sunday, December 30, 2007
Tuesday, November 20, 2007
Is Manteca adding a new firehouse?
One thing still raises some doubt -- why did the fire chief talk about how the new station will cover the 2,000 or so homes not currently within the 5 minute response time window, and then add that there might be "200 or so homes" (on the east side of town) that will become just outside the 5 minute area? Why would that be so? Wouldn't that only occur if the eastern station was closed? (i.e. the 200 homes in the 5 min. range now -- how will they become out of range unless a fire station is closed?) hmmmm.
Correct me if I've misinterpreted something or leave a comment.
Council wrap up
Monday, October 29, 2007
Bullhorn permit law in Manteca
But that was only part of my comments. I don't think anyone has the right to disturb the peace of their neighbor. (The newspaper made it sound like I was against any reasonable noise law.)
What's odd about the new idea from Manteca is two things:
First, the fines for a loud party are "open ended." The police just "decide" how much the fine is. Yes, you read that right. The chief explained how, well, it might be $500, maybe $1500 or $3000 depending on how many police cars have to come out there, what kind "of attitude" they get, etc.
It's this idea of open ended fines determined by the police -- acting as judge and jury -- is why I said it sounded oppressive. Actually when the police, without any judge or a court or even a written guideline can just hand out any fine or punishment they see fit, that's the definition of a police state.
Secondly, the law also requires anyone using a bullhorn or any sort of sound system to give lectures or give political talks has to get permission from the chief of police ten days in advance! That's what the law actually says, it talks about lectures and talks to people, it's not just aimed at "loud car stereos."
When questioned, the chief defended this, saying that it was a "must issue" type of thing. So, in other words, he has to issue the permit. OK, so my question is, then why require the permit then? And if it's "must issue" and there's no decision making, why does it take ten days to issue the permit? Also there's a reference to some unspecified fee associated with the permit. No one could say what the fee might be.
All of these kinds of laws are subject to abuse. Some politically favored group might get a permit for a bullhorn for $5, and some other unpopular group might be charged $500 for the permit, who knows. Also, if by chance there's a labor strike or spontaneous protest, and the protesters take to the street the leader could be arrested and his bullhorn seized even if it was otherwise a peaceful assembly of people protesting something -- if the leader didn't have the proper "permit" for his bullhorn.
That's what I was talking about when I said this reminded me of how in the old Soviet Union you needed a permit to have a typewriter. If you're curious, there's a good depiction of this in the movie Das Leben der Anderen (The Lives of Others).
Thursday, September 27, 2007
Talking back!
The first issue was the council/rda (the people I'm addressing) wanted to spend $60,000 to hire some guy or "consultant" or "guru" to analyze the city and "bring in" better restaurants and hotels. That's where the comment about "the free market" comes from -- it's the free market that determines what restaurant moves in.
The next thing I'm scoffing at is there was some discussion that our "fast food" to "grocery store" ratio is off kilter and that's why everyone is so fat. So there was talk that they should give preferential treatment to food sellers who claim their stuff is "healthy" and we should keep out the evil McDonald's and things like that. "Because of the obesity epidemic." I didn't really have the time or inclination to explain why this "crazy talk."
Next, and it's worth waiting for, I compare the council to the queen's court where they grant special favors to people they like. In this case, developers with lots of money....
Which leads to the last point, they appropriated $150,000 of your tax money to be given to some special people to "help them" buy houses (down payment assistance/gift). I have as much compassion as the next guy, but I ask, "where's my house?" How can we justify taking money from the hard working poor people of Manteca to give it to some selected special people so they can buy a house?
The part that's really infuriating is that while they are pretending to be "compassionate" and "helping people" buy houses (using your money), everything else they do hurts people by making houses more expensive to buy. It takes years to go through "the process" and get permission to build something on your own land. Only a rich corporation with a team of lawyers and consultants can afford to do that. And for that privilege, the city charges a plethora of special fees. It adds up to about $60,000 for each new home. Even though the taxes on new homes are called "development fees" and they make it sound like it's paid "by the developers" it's not. The tax, I'm sorry, "fee" is paid by the new home buyer. And now they want to use tax money to "help people" pay this tax fee in the form of that "assistance program" mentioned above.
What I'm saying. in other words, is that if the city didn't charge an extra $60,000 per house, that would help people a hell of a lot more than this "special program" that gives a few certain special lucky people "up to $50,000" to buy a new home using your money.
Monday, September 24, 2007
Manteca checkpoint not so voluntary
The article tells us one guy turned right onto a side road before the checkpoint, and thought he would escape the iron grip of the law, but intrepid police officers knew this trick all too well, and were hiding in the side streets for just such a thing. I forget what eventually happened to the motorists, you'll have to read the article...
It all sounds great except for one little thing. Actually, they aren't supposed to do that. The police aren't "allowed to" stop a car just because the driver decides not to go through the checkpoint. Don't believe it? Read on...
DUI checkpoints have been subject to debate for years. The debate was sort of settled in the early '90's when The U.S. Supreme Court, somehow, found the checkpoints didn't necessarily violate a citizen's 4th amendment right to be free from unreasonable searches. So long as the checkpoint is "voluntary." And "voluntary" means you don't have to go through the checkpoint, they have to put up signs letting you know a checkpoint is up ahead, and if you turn off and decide to exercise your right not to be interrogated and searched, they can't chase you. Because it's your right, you can't grab someone off the street for simply exercising their rights Well, in Manteca, "can't" is relative apparently.
Specifically: First, it went to the California Supreme Court in 1987. (Ingersoll v. Palmer (1987) 43 Cal.3d 1321 , 743 P.2d 1299; 241 Cal.Rptr. 42). Here, the court looked at the procedures being used, and decided so long as these rules were followed, the checkpoint was legal:
A sign announcing the checkpoint was posted sufficiently in advance of the checkpoint location to permit motorists to turn aside, and under the operational guidelines no motorist was to be stopped merely for choosing to avoid the checkpoint.
and ...
Checkpoint personnel were specifically instructed
that drivers were not to be stopped merely for avoiding the checkpoint. fn. 5 The road sign announcing the checkpoint was placed sufficiently in advance of the checkpoint that motorists could choose to avoid the checkpoint.
and...
FN 5. Cars avoiding the checkpoint would be stopped, however, if in avoiding the checkpoint the driver did anything unlawful, or exhibited obvious signs of impairment.
So, if you blast through the checkpoint with tires screeching or you make a sliding U-turn like you're filming Dukes of Hazard II, then they can chase you and stop you. (And should chase you. I want to be clear -- I'm not arguing for our rights because I have any love for drunken drivers.)
Here's where it gets interesting. In 1990, the Dept. of Transportation issued some instructions for police departments on how to conduct DUI checkpoints, and that same rule noted above, and the same exception appears. This is from DOT HS 807 656, also known with the catchy title The Use of Sobriety Checkpoints for Impaired Driving Enforcement, published in 1990. And it says, on page A-3:
A motorist who wishes to avoid the checkpoint by legally turning before enterning the checkpoint area should be allowed to do so unless a traffic violation(s) is observed or probable cause exists to take other action. The act of avoiding a sobriety checkpoint does not consititute grounds for a stop.