Blurred Lines

 

A federal judge ruled recently that the city of New Orleans violated the First Amendment rights of street artist Cashy D and property owner Neal Morris when the city censored a mural painted by Cashy D on Mr. Morris’s property for the NOLA (New Orleans, Louisiana) Mural Project. The mural in question quotes off camera remarks made by the current president when he was still a private citizen to Access Hollywood host Billy Bush. Those were the infamous “grab ’em by the p*ssy” remarks. For the mural, Cashy D painted pictograms to stand in for some of the words, and it was supposedly one pictogram in particular that some citizens and the city objected to, taking their case to court.

In a case like this, it’s probably impossible to separate politics from concerns about public display of lewd images. People engage in political displays on their own property all the time, the most prevalent example being electioneering signs. Those signs typically do not contain lewd images or profane language, though it’s possible some homemade versions might. Art displayed on private property where it can be viewed by the public is often subject to local zoning and nuisance regulations. The NOLA Mural Project artwork is a political statement expressed on private property within public view, and any lewd images and profane language it contains are directly related to the quotation from the political figure the creators are criticizing.


2015 Gay Pride Festivus Pole, Deerfield Beach, FL
A Gay Pride Festivus Pole and Nativity Scene on public display on private property in Deerfield Beach, Florida, in 2015. Photo by DavidCharlesFLA.

Simple as the language of the First Amendment to the Constitution appears, it is amazing how many different interpretations it has engendered over the years. It would seem fairly cut and dried, but obviously it is not, according to the nation’s judiciary. First Amendment cases decided one way by a lower court are often as not overturned by a higher court, an outcome that wouldn’t appear likely if it were not for the fallibility of judges and the judicial process, and the malleability of the law itself.

The current president may have made his foul remarks in private as a private citizen, but the way the American political game is played, he and his history became fair game once he entered public life, and remarks like those quoted in the Cashy D mural are indicative of his character, or lack of it, and become part of political discourse, their very offensiveness being the whole point of the mural. Political expression on public view from a private space is subject to interpretation and possible censure by the public, and its merits are therefore best judged on a case by case basis in the courts, as they should be, and not by bureaucrats and politicians in city halls around the country.
— Ed.

 

A Piece of Ground

 

The Israel Defense Forces host anti-terrorist fantasy camps in the occupied West Bank which are apparently a big draw for tourists, among them American comedian Jerry Seinfeld and his family. Mr. Seinfeld was in Israel to perform his stand up comedy routine in Tel Aviv, and while he was there he and his family traveled into the disputed territory of the West Bank to visit a military fantasy camp where tourists can get a thrill or two by getting close to simulated military action. It’s hard to believe that fantasy camps like that exist, and even harder to understand the attraction for tourists. But they do exist, and they are thriving, and Mr. Seinfeld appears to enjoy them.

 

Baby in vluchtelingenkamp - Sleeping child in refugee camp (5370426971)
Sleeping child in a refugee camp in the West Bank, 1953. Palestinian? Israeli? Does it matter? Photo by Willem van de Poll.

The political situation in the West Bank is a rat’s nest, but in simple terms the Israelis should not be there. They are occupiers. There has been eye for eye terrorism going on there, and in Gaza, and radiating out to the rest of the Middle East for generations, with no end in sight. Each side, of which there are many, feels justified in its use of violence against the others. A rat’s nest. Into this steps Jerry Seinfeld with his big, toothy grin, into a military fantasy camp built in the occupied West Bank. Even if Mr. Seinfeld is oblivious to political considerations, as he may well be, what on earth is helped by his grinning endorsement of a ghoulishly perverted Disneyland? A Disneyland with guns and violence, staged for jaded idiots?

How would it be if someone opened a participatory military theme park in Wounded Knee, South Dakota? Guests would be invited to blast desperate Indians to smithereens in the snow. They had it coming, after all, since they were the terrorists of their day in the eyes of the people who would build such a theme park and those who would pay admission to it. How about Sand Creek? or the Trail of Tears? Now there was a ton of fun that could generate top dollar in admission prices! How about the internment camps built for Japanese-Americans during World War II? If any of those are still around, they could be turned into amusement parks for the likes of Jerry Seinfeld and others who missed out on witnessing suffering first hand.

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A 5,000 year old olive tree in the West Bank of occupied Palestine. Photo by Mujaddara.

There are other ghosts of camps in Europe which everyone understands should be hallowed ground, though there some people like the idiot congressman from Louisiana who took a selfie video when he toured Auschwitz. The concentration camps of the Holocaust are rightly regarded as terrible specters from the past which must not return anywhere today or in the future. There are matters of perspective, however, and of the bias of narratives which skew ideas about whether a piece of ground is being or has been hallowed or violated, and by whom.

Pink Floyd playing “Time” in concert during the Delicate Sound of Thunder tour at the Nassau Coliseum on Long Island, New York, in August 1988.

Despite the objections of a few crackpots, there is a consensus of revulsion over the Holocaust of World War II. As to the other atrocities humans have visited upon each other in recent memory, it appears there are gradations in the general view, though that is no comfort to those who suffer the consequences. It doesn’t seem too much to ask at any rate for overlords of any stripe not to build amusement parks on the dry bones of the oppressed. Whether some grinning goof decides to visit such an amusement park after it has been built, without regard to good sense or consideration for the objections of others, is entirely his own concern, of course, and we are free in turn to lower our opinion of that person. Time will tell about these things eventually.
― Izzy

 

Without Due Process of Law

 

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”
― from The Federalist Papers, No. 51, by James Madison.

United States Attorney General Jeff Sessions is a fan of civil asset forfeiture, and last year he reinstated the federal partnership with state and local authorities that had been ended by the previous Attorney General, Eric Holder. That partnership allows state and local police to share seized assets with federal authorities if they claim even the flimsiest trespass on federal law by the forfeited assets (in a pretzel-like twist of legal reasoning, it is the assets themselves that are accused, not the person or persons who own them). Engaging the federal government in this way allows state and local police to bypass their civil asset forfeiture laws because they are superseded by federal laws, which are often more favorable to the police. The feds then give the state and local cops a kickback of all or part of the proceeds. This is called “equitable sharing” or, more cutely, “federal adoption”.


100 U.S. DOLLARS - MONEY - Free For Commercial Use - FFCU (26742846243)
Getting pulled over for a minor traffic violation while carrying a large amount of cash can lead to a nightmare civil asset forfeiture scenario for the driver, regardless of the legitimacy of his or her claim to the cash. Only the rich can afford to fight city hall in court. Photo by photoo.uk.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

― The Fifth Amendment to the United States Constitution, with the due process clause.


It’s hard to imagine how the law can be more clear than this: ” . . . nor be deprived of life, liberty, or property, without due process of law . . . ” To be doubly sure, there is another due process clause in the 14th Amendment. Yet here we are, with police abusing the citizenry by stealing from them, sometimes without even a formal charge filed, but only on mere suspicion of a crime having been committed with the asset or assets, and keeping the proceeds in order to augment their budget. There are slight differences in the law from state to state, but in many states the police are allowed to keep seized assets, which also clearly violates the last clause of the Fifth Amendment, the takings clause. It’s impossible to imagine a more blatant case of conflict of interest, adding insult to the injury of the initial seizure.

 

In a civil asset forfeiture case, the burden of proof is often on the citizen whose assets were seized, not the authorities who took them. In order to retrieve seized assets, a citizen must prove they were not used in the commission of a crime or are a result of criminal activity, and this proof must be forthcoming even when the police have not filed a charge in court. Apparently the only thing to prevent the police from more flagrantly abusing the civil asset forfeiture laws more than they do is the basic decency and good character of the majority of them. But men are not angels, as James Madison wisely observed, and to allow these laws to remain on the books is to invite corruption of the police and further erosion of public trust in government.

WilliamJeffersonFreezerCash20-45L
Cash found in a freezer at the Washington, D.C. home of Congressman William J. Jefferson of Louisiana. This photo was entered as evidence in July 2009 showing what was seized in August 2005 from the freezer of the home of then Rep. William Jefferson, D-New Orleans. Jurors in the trial of Jefferson, who lost his re-election bid in 2008 while under indictment for bribery, saw photos of the infamous frozen cash. It was wrapped in $10,000 increments and concealed in boxes of Pillsbury pie crust and Boca burgers. Photo by the U.S. Attorney’s Office.

A flagrant case of abuse occurred last year in Jeff Sessions’s home state of Alabama, in the small town of Castleberry in the south central part of the state. To generate revenue for his little town, the mayor hatched a plan for taking advantage of Alabama’s very favorable civil asset forfeiture laws by confiscating cash and property from citizens and visitors alike, but especially out of state visitors, often using entirely invented suspicions. The police chief made no bones about it on public forums, where he joked about how the bogus money grabbing had been a windfall for the town of Castleberry and its nascent police department, now flush with fancy new equipment and patrol cars. Eventually bad publicity caught up with the mayor and police chief of Castleberry, and they were hit with a lawsuit. On a national scale, what happened in Castleberry doesn’t amount to much other than a clear distillation of everything wrong with civil asset forfeiture.

Attorney General Sessions, waving the bloody shirt of the War on Drugs, nevertheless wants to continue civil asset forfeiture and expand it, if he can get away with it. His motivations are unimportant other than how they forecast all the draconian policies he’s likely to see through while he is in charge of the Department of Justice. The important thing is that he has opened up one of the very few issues that attracts a bipartisan consensus in Congress, and that has been for less civil asset forfeiture, not more.

Highway robbery in Stanley Kubrick’s 1975 film Barry Lyndon, with Ryan O’Neal as Redmond Barry. Under America’s civil asset forfeiture laws, the gold guineas in Barry’s purse, and the horse he rode in on, could be forfeited to the robbers, or police.
The strange history of this policy of official stealing from the innocent and the guilty alike also matters little, except perhaps to those appellate court judges who fall back on referring to obscure precedents of legal reasoning as convoluted and ultimately irrelevant as the debates of clerics who wondered how many angels might dance on the head of a pin. Congress can take this matter away from both Sessions and the judges by enacting legislation rolling it back. Really it should be swept away entirely, along with the War on Drugs it purportedly assists, as failed policies which have corrupted the police and eroded public trust every bit as much and in the same way as Prohibition did in the early decades of the twentieth century, when civil asset forfeiture first became a major police tactic. It seems we never learn lessons once and for all, but have to forever relearn them.
― Ed.

 

An Ounce of Prevention

 

The American system, and perhaps the American character as well, has always favored coping with the damage from disasters as they come over doing all that can be done beforehand to mitigate the severity of damage. The insurance industry is aligned toward dealing with the aftermath rather than encouraging preventive measures, as is the government, which tends to label regulations designed for prevention as socialist intrusions. It’s the same philosophy that guides the economic system, which is all for free market capitalism on the front end when businesses are making profits for the few, but resorts to socialism on the back end when things go sour and losses are then spread out among the many. “Heads I win, tails you lose,” says the Wall Street tycoon, and friends in government chime in “Yea, verily.”

 

Unrestricted urban and suburban development covers acreage that drained itself adequately with concrete and asphalt that does not absorb water. That seems obvious, and the necessity for a drainage system capable of handling all the runoff also seems obvious. Certainly there are some events, such as the unprecedented rainfall in Houston from Hurricane Harvey, that would stretch any drainage system to the breaking point. Extraordinary events require extraordinary preparation, a methodology well known among engineers, who are trained to design and build structures and systems to withstand the extraordinary. Engineers’ best efforts can be hamstrung, however, by ideologically and greed driven government leaders and business executives, the effect of which can be seen when disaster strikes and destruction of life and property is greater than it needed to be.

1927 Mississipppi Flood Blowing Levee
Dynamiting through a levee during the Great Mississippi Flood of 1927 to create an artificial crevasse at Caernarvon, St. Bernard Parish, Louisiana, 14 miles below New Orleans. The crevasse was created to take pressure off levees at New Orleans. Archival photography by Steve Nicklas.

The acknowledged masters of hydro engineering, the Dutch, have recently changed their philosophy about coping with excess water from staving it off to flexing with it. Bend, to keep from breaking. That has always been the way with nature, of course, where coastal wetlands have served to absorb the brunt of ocean surges, and where floodplains served as safety valves for swollen rivers. Holding water back with fortifications has always been expensive and unreliable. Water is relentless, and it will find a way.

 

Aerial photograph of flood, unidentified stretch of lower Mississippi River. - NARA - 285960
A flooded town on the lower stretch of the Mississippi River in 1927. Photo from the National Archives and Records Administration.

Creating concrete and asphalt jungles willy nilly without regard to anything other than the almighty dollar is foolishness, and ultimately a price will be paid. In the American system, unfortunately, that price is often borne by the society as a whole, and especially by the poor, but certainly not by the wealthy or by the government leaders who created the mess. Breaking up the concrete and asphalt jungle with permeable pavement, a construction practice that has been around for over fifty years and needs to be used more widely, is one way to forestall some urban flooding. Installation costs for permeable pavement are higher than the traditional kind, but it has other benefits and cost savings that offset the higher up front price tag. It’s not a perfect solution, but nothing can be. It’s a step in the right direction.

One of the arguments some business people and their mouthpieces in government often advance against green methods applied to development are that they create too much red tape, leading to a bad environment for business and a net loss of jobs, besides being downright socialist, which of course is an accusation that is supposed to make all the Greens (environmentalists, tree huggers – choose your own epithet) run away and hide themselves in shame. Too bad. If the true costs of bad environmental practices were borne by the businesses and governments that engage in them, they would change their tune.

A 1974 song written and sung by Randy Newman about the Great Mississippi Flood of 1927, and about American society.

If businesses paid their workers a living wage, fewer of those workers would need to rely on government assistance to make ends meet. If businesses that made money here and took advantage of the national infrastructure were required to have corporate offices here, and therefore required to pay their fair share of taxes to help support infrastructure improvements, then maybe the country wouldn’t be falling apart while a select few get obscenely rich at the expense of everyone else. If, in other words, we stopped allowing some businesses and their allies in government to slough off hidden expenses on society at large, we could make progress toward a less dangerous future. But it’s going to take a change of heart, of character, to turn this backwards system around and look at green development as the only sensible way forward for everyone, instead of being led by the nose by those whose view of development looks backwards and serves only themselves.
― Izzy

 

Stormy Weather

 

Hurricane Harvey, a category 4 storm at landfall in Rockport, Texas, on August 25, has moved on finally after causing catastrophic damage, mainly due to flooding, in southeastern Texas and southwestern Louisiana. Following on Harvey’s heels is Hurricane Irma, currently a category 5 storm entering the Caribbean Sea, with many Caribbean islands, large and small, in its sights as it makes its way to Florida later in the week. Beyond that Irma’s track is uncertain, and it could affect communities anywhere from the eastern Gulf Coast to the southern portion of the Eastern Seaboard.

 

With the various early warning detection systems in place today and improvements over the years in computer modeling of forecast tracks, predicted landfalls of hurricanes has become better than guesswork and moved on to science. Until the World War II era and the development of radar, detection of hurricanes and predictions about their track relied largely on observations made by knowledgeable shipboard weather watchers reporting to shore stations and the tracking by shorebound observers of weather systems that might influence a hurricane as it approached land. Early warning of hurricanes in the first half of the twentieth century was limited to a few days, with an uncertain track left up to guesswork until practically the day before landfall.

Hurricane Katrina Eye viewed from Hurricane Hunter (cropped)
View of the eyewall of Hurricane Katrina taken on August 28, 2005, as seen from a National Oceanic and Atmospheric Administration (NOAA) WP-3D Orion hurricane hunter aircraft before the storm made landfall on the United States Gulf Coast.

Before the twentieth century, prediction of hurricanes was further limited to personal observations of weather conditions as the storm approached, because ships at sea were largely driven by wind power and were not as likely as coal, steam, or oil powered ships of later times to arrive in port well ahead of a storm and warn of its approach. People relied on observations of certain types of clouds and of the drop in barometric pressure, however they measured it, to give them indications of an approaching storm. Residents along the shore might have a day or two warning to head inland for higher ground. Absolute amount of fatalities could be high during the storm because of the short notice, but values of property damage were low because there were fewer people living along the coast and because they had not invested millions and billions of dollars in homes, hotels, and infrastructure to be destroyed.

 

Hurricane warning (USA)
USA hurricane weather warning flags. Drawing by Herostratus.

That formula has been steadily turned upside down through the twentieth and twenty-first centuries. Property damage amounts from hurricanes have skyrocketed due to the enormous increase in development close to the sea, while fatalities in proportion to total population have dropped dramatically due to warning times of several days to a week or more. Even if people do not evacuate the area entirely, they have sufficient warning time to load up on supplies and defenses to help them weather the crisis in place. In the past, shore residents did not have that luxury. To find a similar situation today of short warning of dangerous weather contributing to high fatalities, one would have to look at tornadoes, a highly localized phenomena when they do crop up.

No one who has ever survived the experience of a hurricane or a tornado or other severe weather disaster can ever dismiss the further possibility of such events lightly. They know in their guts how frightening and life-changing those events can be. The poor especially, as they do in all things in life, suffer disproportionately. The poor cannot afford to flee to higher ground. The houses the poor live in, where they might choose to shelter in place in order to ride out storms, are often flimsily constructed and the first to be destroyed by high winds or high water. Tornadoes are not magically drawn to trailer parks, it’s just that there is where the damage happens that draws the rubberneckers running the local television news stations.

We live in an age when severe weather events are becoming more common, regardless of whether or not an ideologically motivated minority continues to argue the point without reference to facts. Preparing for severe weather, however, has never been a better proposition for most of humankind over what it was in past generations. Ironic that our reliance on technology, which has brought us to the brink of climate destruction, could also serve to save us from its worst effects, at least in the short term.
― Vita