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HBO:  Is American
democracy safe in the age of computers?

This cautionary film looks at the very real risk of hackers altering vote counts in public elections  exposing the vulnerability of computers which count approximately 80% of US votes in county, state and federal elections. Filmed in 2004-05, this documentary tells the story of Bev Harris, a Seattle publicist/writer whose watchdog group uncovered evidence of mishandled voting records and suspicious voting machine malfunctions. Harris' crusade took the group -- consisting of computer experts, activists and political candidates from both parties -- from her home computer (where she found a computer system blueprint accidentally made public) to Tallahassee, FL for a "mini-election" that proved just how easy it is to hack the vote.   ©  HBO

Criminal Records Erased by Courts
Live to Tell Tales

by Adam Liptak NY Times 
In 41 states, people accused or convicted of crimes have the legal right to rewrite history. They can have their criminal records expunged, and in theory that means that all trace of their encounters with the justice system will disappear. But enormous commercial databases are fast undoing the societal bargain of expungement, one that used to give people who had committed minor crimes a clean slate and a fresh start. Most states seal at least some records of juvenile offenses. Many states also allow adults arrested for or convicted of minor crimes like possessing marijuana, shoplifting or disorderly conduct to ask a judge, sometimes after a certain amount of time has passed without further trouble, to expunge their records. If the judge agrees, the records are destroyed or sealed. 

But real expungement is becoming significantly harder to accomplish in the electronic age. Records once held only in paper form by law enforcement agencies, courts and corrections departments are now routinely digitized and sold in bulk to the private sector. Some commercial databases now contain more than 100 million criminal records. They are updated only fitfully, and expunged records now often turn up in criminal background checks ordered by employers and landlords.
 
Thomas A. Wilder, the district clerk for Tarrant County in Fort Worth, said he had received harsh criticism for refusing, on principle, to sell criminal history records in bulk. "How the hell do I expunge anything," Mr.Wilder asked "if I sell tapes and disks all over the country?" Private database companies say they are diligent in updating their records to reflect later expungement of criminal records.

But lawyers, judges and experts in criminal justice say it is common for people to lose jobs and housing over information in databases that courts have ordered expunged. These critics say that even the biggest vendors do not always update their records promptly and thoroughly and that many smaller ones use outdated, incomplete and sometimes inaccurate data.

Lida Rodriguez-Taseff, a lawyer in Miami, tells her clients that expungement is a waste of time. "To tell someone their record is gone is essentially to lie to them," Ms. Rodriguez- Taseff said. "In an electronic age, people should understand that once they have been convicted or arrested that will never go away."

Judge Stanford Blake, whose court often enters expungement orders, said his inability to make them effective had left him feeling frustrated and helpless. "It's a horrible situation," said Blake, administrative judge of the criminal division of the Eleventh Circuit Court in Miami. "It's the ultimate Big Brother, always watching you."   The rise in the availability of criminal histories has been accompanied by a surge in demand for them. Since the attacks of Sept. 11, 2001, criminal background checks have become routine in many employment applications. "Something like 80 percent of large- or medium-sized employers now do checks," said Debbie A. Mukamal, the director of the Prisoner Reentry Institute at John Jay College of Criminal Justice in New York. "Employers need to know about job-related convictions to make a nuanced, responsible decision so that they can protect themselves and the public and give people a fair shot at employment." But the current system, Ms. Mukamal added, is not working."It's unfettered,"she said. "It's not regulated. There’s misinformation."

ChoicePoint, one of the larger database companies, performed nine million background checks last year, said Matt Furman, a spokesman. The company's error rate is very small, Mr. Furman said. "One out of every thousand background checks has led to a consumer contact disputing or complaining about the information provided”, he said "and one of a thousand contacts results in a change."  There have been only a few lawsuits taking issue with the information provided to employers in background checks.

In one, filed in June in federal court in Brooklyn, Victor Guevares sued a company that had offered him a job and a database company that he says caused the offer to be withdrawn. Mr. Guevares, now 33, was convicted of disorderly conduct more than a decade ago. New York considers that violation like a traffic infraction rather than a crime and bars database companies from reporting such offenses to employers. But Acxiom, a database company, reported the disorderly conduct charges to the Tyco Healthcare Group, which had offered Mr. Guevares a job in 2004. Tyco promptly withdrew the offer, one that would have doubled Mr. Guevares's salary, to $46,000. It based its decision, his lawsuit says, on its mistaken understanding that he had committed a misdemeanor and had lied on his application about whether he had ever been "convicted of any crime which was not expunged or sealed by a court."  Catherine H. O'Neill, a lawyer with the Legal Action Center, which represents Mr. Guevares, said Acxiom deserved much of the blame. "They should not have been vacuuming up this information in the first place," Ms. O'Neill said. A lawyer for Acxiom and a spokesman for Tyco declined to comment.

There is often plenty of fault to go around. Even within the government, various agencies often fail to coordinate their records. "The problem often arises," said Ms. Rodriguez- Taseff, the Miami lawyer, "because so many agencies have access to criminal records: the department of corrections, the police, the Florida Department of Law Enforcement and the courts. Even though you have an expunged record, oftentimes a policing agency or a corrections facility allows private entities to gain access to it."  Some state laws place the burden on employers, on the apparent theory that the problem is not the availability of information but the use to which it is put. Illinois, for instance, prohibits prospective employers from asking about or making decisions based on expunged or sealed criminal histories.

Margaret Colgate Love, the nation's pardon attorney for most of the 1990's and the author of a new book called "Relief from the Collateral Consequences of a Criminal Conviction," said problems like these were rooted in the nature of expungement. "It does reveal," Ms. Love said, "how perilous it is to build a public policy on a lie."           © New York Times

Peace Prize to Pioneer of Loans to Poor No Bank Would Touch By Celia W. Dugger
A Bangladeshi economist, Muhammad Yunus, and the bank he founded 30 years ago won the Nobel Peace Prize yesterday for pioneering work in giving tiny loans to millions of poor people no commercial bank would touch destitute widows and abandoned wives, landless laborers and rickshaw drivers, sweepers and beggars.  © Pavel Rahman AP

The Nobel Committee praised Mr. Yunus, 66, and the Grameen Bank for making microcredit, as the loans are called, a practical solution to combating rural poverty in Bangladesh and inspiring similar schemes across the developing world.  "Microcredit has proved to be an important liberating force in societies where women in particular have to struggle against repressive social and economic conditions," the committee said in announcing the prize.  Mr. Yunus has long been an influential champion of the idea that even the most impoverished people have the drive and creativity to build
small businesses with loans as small as $12, and Grameen Bank has dedicated itself to helping the poorest of the poor.  The borrowers used the money to buy milk-giving cows, or bamboo to craft stools, or yarn to weave into stoles, or incense to sell in stalls, among myriad other money -making schemes.  Full story  ©  NY Times



















































Divisive New Lawsuit on Behalf of Venice Food Not Bombs Excludes Key Activists
by Barbara Peck
According to Maya Meinert of the Santa Monica Daily Press: “A federal lawsuit filed on October 16 against the city of Los Angeles claims that the city’s most recent amendment to an ordinance that restricts activity on the Venice Beach boardwalk is unconstitutional, claiming it violates both the 1st and 14th Amendments. Attorney Carol Sobel, president of the Los Angeles National Lawyers Guild, filed the suit on behalf of Venice Beach boardwalk “Free Speech Zone” activists. The Free Speech Zone was created to give artists, organizations and other individuals a space to perform their activities on Ocean Front Walk.”

Glaringly absent from the list of plaintiffs on the new lawsuit is musician/artist/activist, Ibrahim Butler (above), among others, who was left to fend off ‘assaults’ by LAPD without any legal advice or support. In spite of the fact that many of his encounters were video-taped by Calvin Moss, (seen above taping an incident in 2005) and Peggy Lee Kennedy, of Venice Food Not Bombs and allegedly handed over to Carol Sobel, he and many others have been excluded. What Maya fails to mention is that many “Free Speech Zone” (FSZ) activists were excluded from this and a previous lawsuit, filed on July 8, 2005, despite being on the frontlines of resistance and undergoing systematic mistreatment at the hands of LAPD and the City Attorney’s office since March 1st, 2005. This, in contrast to Peggy Lee Kennedy and Calvin Moss, who spent a few hours on the boardwalk with their VFNB feeding program on Sundays, often requesting incident reports and tickets from battle-worn “expressionists” to give to Carol Sobel.  Despite the large number of videos, incident reports and tickets handed in from March 1, 2005 onwards and in spite of the fact that some incidents involved blatant harassment, intimidation, discrimination, false arrest and serious 1st Amendment violations, they were ignored. Instead, Carol Sobel gave legal counsel to Peggy Lee Kennedy, Calvin Moss and "friends" only, all the while exploiting what has become a volatile and potentially dangerous situation for those still involved in the struggle. Many continue to live in fear of reprisals from LAPD on the boardwalk, with no legal support and none in sight.   Several of these “Free Speech Zone”  (FSZ) “expressionists”, whose involvement in this issue dates as far back as the 1960s, in some cases, are understandably upset. While they have put themselves, physically, mentally and emotionally on the line to defend our collective First Amendment rights, it appears that Carol Sobel and VFNB have blindly missed a significant opportunity to unite all concerned under the banner of the First Amendment, rather than divide. FSZ artist/activists, who spent countless hours over the past 18 months going to court, facing harassment and intimidation by Rec. & Parks monitors, LAPD and City Prosecutors, tried in vain to find legal assistance. They approached Carol Sobel, John Raphling (ex-public defender and attorney on the new lawsuit), the ACLU, Yagman and Yagman, among others; but were ignored. Yet, two of the plaintiffs on the new lawsuit: James Lafferty, of the National Lawyers Guild and Wayne Keenan, a “musician”, are included solely by virtue of the fact that they are “unwilling to risk citation or arrest” and “fear that they will be cited and/or arrested”, but not for actually going out there and exercising their First Amendment Rights on the boardwalk!  What about those who were not afraid and who did get cited and/or arrested? Perhaps they were afraid but went out there anyway because they wanted to defend the Constitutional rights of everyone on the boardwalk, not just a 'chosen few'.  Surely, this free speech issue is broader than a few individuals’ freedoms? Isn’t it about the fundamental Constitutional right of all people to participate in First Amendment protected activities in a public forum? Whether visitor or vendor, without interference from the government.

Reliable sources have revealed that some ‘stakeholders’ on the boardwalk are unhappy with Carol Sobel’s lawsuit, having written letters of complaint recently to the City.  As a result of these complaints, L.A. City will be summoning the letter-writers as witnesses and have approached artist/filmmaker, Aaron Waugh, creator of  “Battle for the Boardwalk”  to use his movie as ‘evidence’ against the lawsuit. Sources also report that a $100,000 settlement was made for damages in the previous lawsuit (July, 2005) with the lion’s share going for attorney fees to Carol Sobel.

Often, people who are not personally involved in the boardwalk issue do not understand the broader dynamic of what has taken place historically. There would have been no need for a permit/lottery system if LAPD had continued to enforce the “no commercial vending” section of LAMC 42.15 by simply removing ALL commercial vendors (as they did following the 1993 amendment until approximately 1995).  Instead, commercial vending was condoned and allowed to proliferate in the guise of “religious freedom” and “free speech”, causing congestion which led, ultimately, to conflict: resulting in new FSZ “regulations” created by the City Attorney’s office, L.A. City Council and Rec. & Parks.  They turned a blind eye to the problem from 1995 until March 25, 2006, neglecting to uphold LAMC 42.15 and allowing commercial vending in the Free Speech Zone, a public forum. In addition and most egregious of all, the City failed to protect and uphold the First Amendment of the United States Constitution   © Barbara Peck


(If you agree with this, please sign our Boardwalk Petition which we intend to give to Bill Rosendahl for Christmas!).
             

The Lawsuit by Therese Dietlin

I have just read the Lawsuit filed by Carol Sobel, Sharon Robinson and John Raphling, Attorneys for the Plaintiffs Venice Food Not Bombs, Lani Ware, James Lafferty, Wayne Kennan and William Greenslade, vs the City of Los Angeles, a municipal corporation. These are my  comments, perhaps with more to come at a later date.  Right now, I am overwhelmed with shock at the betrayal of the Venice Boardwalk Resistors illustrated in this lawsuit. 

First:  Let me call your attention to the characterization of the City of Los Angeles as a “municipal corporation”.  I direct you to George French's article in this newsletter for more on that and its implications. 

Second:
  Let me comment on the Lafferty claim.  First, I am a resistor.  I have been since the matter of the “lottery” first came up in public discourse.  Unlike 99% of the “resistors,”  
I remained a resistor and have not joined the Lottery. I put my ‘politically incorrect’ material out every Sunday. I intend to continue putting my ‘politically incorrect’ material out every Sunday until I am carried away or the need to put out ‘politically incorrect’ material disappears. I hope and pray for the latter rather than the former.  Carol Sobel was directed to me because I had been ticketed for having my stuff on display in a “designated space” between sunset and 12 noon after being told by the police that, with the new and improved ordinance, I could no longer use the non-designated space I had occupied for over two years.  My conversation with Ms. Sobel focused on whether I had been told I could not display my materials because I hadn't created them myself.  I have not.  Nor is it likely that LAPD would commit such a flagrant abuse.  Ms. Sobel repeated that question several times.  Then she said she was filing a lawsuit and would I be a plaintiff.  I agreed, if it would be helpful to those opposed to the lottery.  She already had my incident report.  After weeks of silence, I learn that she did not want me as a plaintiff because I had not been stopped from displaying my materials.  Instead she chose Jim Lafferty, whose charge is that he is “afraid” that he will not be able to sell books promoting the case for impeachment. Let's consider Jim Lafferty for a moment.  He, like Carol Sobel, is a member of the National Lawyers Guild. As such, he serves regularly as a legal observer in local marches and rallies.  When the lottery was first instituted, I contacted Jim via email, explaining the situation and asking him if he or another member of the National Lawyers Guild would be willing to take up the matter on First Amendment grounds.  The request met with silence.  Perhaps he was afraid already then!  If fear was what Carol Sobel was looking for, I could have honestly told her that I am very leery now about putting my materials out before noon precisely because I am concerned that they will be confiscated, as were Bill's items and Ibrahim's art.  I operate on a shoestring, with donations, and confiscation of my materials would result in significant hardship.  So I now restrict my early display to things that, if taken, would not represent a great loss.  If fear is what keeps Jim Lafferty from coming to the Boardwalk, he had only to speak to the resistors who could have cued him in about the situation there. 

Third:  More troubling than this, though, is the failure of the lawsuit to address the lottery itself.  Instead, it focuses on peoples' fears about what can be displayed or how much sound can be generated, on vague complaints about definitions of terms, on ambiguous wording in the ordinance, on a host of issues that would simply disappear with the elimination of the lottery and the rigorous implementation of restriction on commercial vending.  The lawsuit contains some notable errors, to wit:  the permit fee is a single lifetime fee, not annual as stated.  People with permits often do NOT attend the lottery drawing as it maintains they must, but call and reserve a space on the Boardwalk; a practice that the resistors strenuously object to - so far without effect.  Ms. Sobel would have learned this readily if she had spoken to just about anyone on the Boardwalk when she toured.  The statute of limitations for citations of alleged violations of the ordinance is one year, and as far as I am aware, not one of the citations has been dismissed following a hearing, as claimed. This lawsuit, unfortunately, would only validate the very ordinance that true free expressionists are claiming is unconstitutional.  These are the grounds that challenges have to be made on.  Anything less does not serve anyone.
© Therese Dietlin

The Year 2016 On Venice Boardwalk
by Bill Greenslade
It is a beautiful summer morning as I step out of my beautiful $10,000,000.00 studio/art/loft/condo on the corner of Rose and the Boardwalk. I am heading for Starbucks for my morning caramel, vanilla, mint chocolate low-fat soy latte dry.  Should I go to the one on Dudley or perhaps the one on sunset, or Westminster?  Actually I feel like walking. I’ll head for the Windward store.  Oops, mustn’t forget to call General Bowser and have him remove that damned guitar player from in front of my door. I can’t wait for the new system that LAPD will be installing for controlling the boardwalk. It is called the F.E.E.S. The entire Boardwalk will be monitored and laser transmitted images will go directly to General Bowser’s office, (I understand for old time sake he has a special chair that he uses and it is modeled after his old ATV) From his chair the General can observe anyone who might be three inches over the line or perhaps a real violator at a foot over the line. At the push of a button the perpetrator and all of their property will be beamed  immediately into the proper jail. A very quick clean and efficient method of controlling what used to be legal constitutional activity. Technology for better living! What would we do with out it?  My family is coming to visit and I plan on taking them to the new Park and Rec. theatre in the round, they have a great 3D movie of the drum circle with a virtual sunset, all in the comfort of a vibrating lounge chair.  The monitors there are very courteous. There are a series of smaller theatres where one can experience on small wide screens “The Real Venice Beach” in surround sound. You experience the likes of Huba-Huba, The Fireman, Ricky the juggler - again all in the comfort of a comfortable climate controlled environment ??????  ©  Bill Greenslade


Hawaii Court Restrains Health Dept. TB Skin-Testing: Student Wins Religious Freedom and School Access by  Jackie Lindenbach   
Hilo HI - A Judeo-Christian minister’s daughter won her freedom to return to public school today by order of the Third Circuit Court of Hawaii after being expelled for more than a month. The 14 year-old was ordered to home school by health officials due to her family’s religious conviction to abstain from TB skin testing and vaccinations.  The restraining order, which has an immediate effect on the Dept. of Health and Dept. of Education in Hawaii, sends a message nationally. The final outcome of the case may set an American precedent as a victory for religious freedom and body sovereignty.

Alena N. Horowitz, a straight “A” student, Varsity athlete, and author of a children’s book extolling the virtues of love and natural healing, was effectively “quarantined” from Hilo High School in early September for failing to comply with the State’s TB skin testing mandate. The expulsion violated several state and federal laws according to the meritorious complaint scheduled for preliminary hearing on October 12.  Like Rowe vs. Wade, the outcome of this controversial action may set a national precedent restoring choice and religious freedoms increasingly violated or restricted nationally by health department officials that demand TB skin tests and vaccinations for employment or school admission.  Two Hilo judges excused themselves for potential conflicts before Judge Elizabeth A. Strance ordered Dept. of Health officials and school administrators to cease harming the student while the case moves through the courts.

The student “is sustaining immediate and irreparable injury, loss, damage and such would be continuing in nature by being kept from classes and activities,” Judge Strance wrote. “Said injury is irreparable given the nature of the educational process which requires timely completion of assignments and examinations, the increasing nature of the burden over time, the importance of attendance for full learning opportunity, and that there appears an inadequate remedy at law.”  “It is further ordered that defendants desist and refrain from denying admission to Alena N. Horowitz to Hilo High School classroom and extracurricular activities,” the order stated.

The court’s decision may help determine how far health officials can go in curtailing civil rights and religious freedoms while administering to public health risks in an age of bioterrorism and threatened outbreaks.  In Hawaii, TB skin testing has been mandatory only for secular students for a decade. This entire time authorities have misrepresented the threat of an outbreak, and claimed no religious exemptions exist for the TB test. To the contrary, state laws evidence allowable religious exemptions and, in fact, TB levels statewide have remained nearly the same low risk level since the legislation took effect in 1996.

“If there truly was an imminent danger of a TB epidemic on the Big Island of Hawaii then officials are additionally negligent,”
Dr. Leonard Horowitz, Alena’s father said. “Health officials are required by law to provide weekly reports on a proclaimed outbreak, or lift their quarantines within 72 hours. We weren’t given any notice, never anything in writing, and their quarantine has been illegally in effect for more than a month.”  


Alena was certified "TB free" by her medical doctor last spring, but was forced from school anyway by Hilo, Hawaii’s Health Department Director, Judy Akamine because of the lacking TB test. Akamine disallowed all possible alternatives to the skin test including chest x-rays, sputum analysis, and a new blood test deemed superior by federal authorities. According to the family’s attorneys, Akamine’s actions violated several state and federal laws by denying the student’s boni fide religious exemption from the test. The test is obviously a form of “medical examination” legally considered an “immunization” by the State’s clear definitions. Both require health officials to honor religious exemptions according to a half dozen State laws.

Akamine and other officials had routinely claimed that TB skin testing was not an “immunization,” but a careful review of their own “Administrative Rules” book evidences otherwise. The plantiffs’ attorneys say that officials misrepresented clear definitions, were grossly negligence in dishonoring legislated religious rights, and criminally liable for breaking laws considered a felony under State statutes. Akamine rejected the Administrative Rules governing health officials’ behavior when Dr. Horowitz brought these laws to her attention. She told him she didn’t understand the laws, and then referred the matter to the State’s attorney general’s office. There the decision was made to force the teen’s home schooling. “This is a great civics lesson for Alena and our community,” said plaintiffs’ attorney Gary Zamber of North Hilo “I’m very proud of Alena for standing up for her rights and for those who may be persecuted in the future for holding different religious convictions. She is also serving to bring justice to those who have disrespected the body temple as a sovereign.”

Dr. Horowitz, the Overseer of The Royal Bloodline of David ministry, has been at the forefront of defending religious freedom internationally from the threat of “genocidal contaminations” from vaccinations. His website offers a controversial view of vaccinations that have been linked to many new diseases, and articles written for the ecclesiastic community including one entitled, “What Jesus and Moses Would Say and Do About Vaccinations.”

Horowitz’s family involvement in this case he says, “obviously came by Divine appointment.” Someone with his credentials was needed to “take these devil-doers to task,” he said, referring to his doctorate in medical dentistry from Tufts University and a Master of Public Health Degree from Harvard. “Intelligence is needed to stand up for sanity in public health policy, particularly since autocrats are violating state, federal, and Biblical laws.”
.
The expulsion caused Alena to be targeted with substantial persecution as evidenced on the Hawaii Herald-Tribune’s top Blog. “When I asked to get my homework from my teachers the vice principle told me that the problem was my religion was keeping me from going to school,” Alena said. She was then told that principal Robert Dircks would need to approve of way in which she got her assignments since she was not even allowed to step foot on school property.  “When I confronted Dircks about this deplorable treatment he said this problem should not have happened, homework assignments should have been readily available, and that he would investigate why Alena had been misinformed,” Dr. Horowitz said.

The court order for Alena to return to school “is a fine example of how the legal system can work to resolve disputes,” attorney Zamber said. “This case may lead everyone to recognize religious exemptions to medical examinations and “immunizations” including TB skin testing is a constitutional right, not a privilege to be carelessly overlooked by health officials.”  Too often parents have been coerced into accepting unwanted procedures based on lacking awareness of the law. “There is a strong individual right to privacy, liberty, and religious _expression,” Zamber explained. “Our eternal vigilance is the price we all must pay for our constitutional freedoms.”    http://www.tetrahedron.org


Web spiritofvenice.com
Can Someone Lend ZD $1.5 Million For A New Condo At Venice Beach?  by Zuma Dogg
I told all of y'all, the first day I showed up at City Hall on April 4, 2006 to protest the shady, unconstitutional ban Mayor Antonio and City Council imposed on the artists on the west side (beach side) of Venice Beach had NOTHING to do with store owners' businesses being hurt over the sale of $1 dollar incense and Zuma Dogg T shirts -- and everything to do with the gentrification, condo-conversion craze, running rampant throughout the City of LosAngeles; wiping away every bit of national culture and heritage that makes L.A. a world-wide attraction.  So, as I was walking down the Venice boardwalk today, I saw some new construction going up. WOW! It must be some of that affordable housing The Mayor is so concerned about. So I asked the construction worker, "What are you building?"  Their response, "New condos... $1.5 million each."

YOU SHADY, DECEITFUL, SONS-A-B*****S AT CITY HALL: I TOLD YOUR ASS IT HAD NOTHING TO DO WITH THE RETAIL STORES ON THE EASTSIDE OF THE BOARDWALK, AND EVERYTHING TO DO WITH THE MAYOR'S SELF-IMPOSED CONSTRUCTION BOOM. (Everything in Mayor V.'s City Hall & Eric G.'s City Council is a mere diversionary tactic for some "special interest" fueled, high-end, development project.) And the middle class and lower class are paying the tab. Your Mayor and Los Angeles City Council members can't even have the rich developers making all the profit off the backs of the middle and lower (working) class help kick-in. Meanwhile, you destroy the cultural and economic integrity of this City while you steamroll the City and kick lifelong L.A. residents out on the streets; to be replaced by high-price, luxury condos like the $1.5 million ones going up on Venice Beach, overlooking the tweakers and increased homeless population below. (And there was a big sign promoting the sale of another set of condos, just down the boardwalk.) But the Mayor will tell you that he wants affordable housing, with the rich living with the middle and lower income families, creating a real community balance in the City; helping traffic problems by having people not having to commute as much. (Like if teachers and police and city workers could live in the communities they work/serve...Less commuting; better quality of life… (Belushi Voice): But, NOOOOOOOOOO! There's not a stitch of room for any of that, unless the voters in all income brackets (lower, middle, higher) give the Mayor's short list of preferred contractors a piece of your paycheck: AKA: Prop. H/billion dollar "affordable housing bond" that only gives the City about 1000 units a year, for the next ten years, while there are 40,000 homeless people living on the streets today, according to stats I heard at City Hall.

So ZD's next prediction is to watch for the bottom to fall out of this Mayoral/City Council imposed fake luxury-condo crisis, just about as soon as all the money has been made off the construction. (Like a cheap Hollywood set, with nothing but two-by-fours propping everything up. (Hello, Loft Yuppies still being harassed by aggressive Skid Row panhandlers, so you are already moving out, and no one is moving in, especially new business.)  So let's try and do a better job, and try and get rid of all the bums at Venice Beach. Only one problem, fool...Those weren't bums, those were tourist attractions. And I also noticed, a whole bunch of stores were out of business on the East Side/Retail side that were usually just getting ready for the holiday tourist season. But now, tourists will see a lot of condo construction overhead empty store fronts, with "This Space Available" signs up and down the boardwalk where you used to see the true, vibrant spirit of the community (culture).   And by the way, no on H & R.  © Zuma Dogg

Love Affair With Venice
by Diane Butler

I never thought that I could have a love affair with a place, but when I found Venice at 18 years old, it was truly love at first sight.  Music on the corners, art and crafts illuminating the sidewalks, people from all walks of life touching each other's souls and creating community.  People are fond of saying, “This is the last place where all the hippies went, just another day in Paradise, and once you come to Venice you will always come back.”  I am by far not the only person who has fallen in love with Venice.  Most of the locals agree that there is no other place like it.  If a place can be a soul mate, then Venice is mine.  And it tears my heart apart to think I may have to leave it someday. When I first arrived in Venice, it was one of the most affordable places in Los Angeles.  Mothers raised their children on welfare and people lived on fixed incomes.  These were people who worked but did not get paid for their work, demonstrating that everyone works and money is not a measure of how meaningful that work is.   When rent control ended, prices of tiny single and nothing-to-write-about apartments went sky-high.  Now the artists, poets, musicians and people who dance to the beat of a different drum are all but pushed out into the streets.  People live creatively in cars, RVs, gingerbread house campers – but those options may be short lived.  Others sleep where they can in cubbyholes, cardboard boxes, tarp-like tents (a regular tent would be confiscated in a minute).     Venice is a transient town and a spiritual place.  People come there to seek more meaningful lives.  There's not a day that goes by that one cannot have a meaningful conversation with a stranger, friend, or even a foe.  People connect in Venice and this is what community is all about.  Even the angel birds know their human friends here.

I've put thirty-six years of my heart, soul and creativity into Venice, and I am sure many people have put even more years of love into this place. For the most part, buildings were not allowed to block one of the most beautiful coastlines on the Pacific Ocean.   That is, until, in the name of renovation, a hideous bike and skate rental shop was recently erected and now blocks a major part of the ocean view.  We had a perfectly good mobile bike rental store at the end of the Rose Avenue parking lot which blocked not one inch of that view, not to mention that there are a ton of bike rental businesses on the boardwalk.  In addition to the grotesque bike rental shop, there is allowance for a future fast-junk-food stand adjacent to it.  A hideous metal so-called sculpture serves to further block sunsets on the ocean.  Unless there is a plan to incorporate these metal beams into solar panels, they serve no purpose, and of course, we have come to expect no such ingenious applications to be forthcoming.  While solutions readily suggest themselves to many problems, they are rarely incorporated into existing plans.  Could it be that “money is the root of all evil,” stopping all real progress for a better world for our children and our grandchildren?
   
Venice is my life's polarization point and I don't know what I would do without it.  With plans to post permit parking signs all over Venice and provide no alternative places for people living in their vehicles, with increasingly stringent laws against people sleeping on the earth, and with nothing but corporate money ruling the day, a miracle will have to take place.  A miracle to keep Venice drumming, singing, painting, playing and – most important of all – being the dissident place that it is.  Because, let's face it, we need dissidence in a country where an unelected fraud illegally occupying the people's house can even fathom legalizing torture and upgrading nuclear weapons, the most  insidious things on earth.  Even nonreligious people can understand that torture is satanic, or at least, the cruelest kind of inhumanity there is.  If and when we lose Venice, we will lose one of the most magical places on earth, real magical, natural magical, not the phony magical of Disneyland or Disney World.  The kind of magical that makes a person believe in fairy tales.   © Diane Butler 

The Truth Shall Set you Free by I. M.  Love
Children of America, it is time to say HELL NO, we won't go.  Stop risking your life being shipped into a war zone to fight for a cause we do not support.  Ask yourself, “Is it worth it – a war based on lies, a war led by a group of Chickenhawks with tough talk but who avoided military service themselves?  Stay home and fight in your country and rebuild urban America.  Hell no, we won't go.   © I.M. Love

Red Alert!  by W. George E. K. French
We're in trouble right here in our city and in every other city.  It gets worse every day and none of us can just sit back and let it keep on going.  To explain, I am going to start with the basic root of the current situation.  Let's start with a British Nobleman named Lord Acton, who lived over a hundred years ago.  He said that power corrupts people.  It was a lie.  What corrupts people is being allowed to misuse power without being punished for it.  You hold the power of life and death over scads of people every time you drive your car.  It hasn't corrupted you...has it?  Power itself doesn't corrupt.  But its misuse without punitive consequences does.  So where has the misuse of power without punishment taken us?  Out judges rule against the Constitution, the Supreme Law of our country, and get away with it.  They pass the buck, leaving the superior court to overrule them.  Every judge knows what the Constitution calls for.  Instead, they rule in favor of some local ordinance because they are paid by local government, and fines that are collected help pay their salaries.  Any judge who rules against the Constitution is a disgrace for the Bench and should be immediately discharged from office. The parking Nazis give out totally bogus parking tickets.  The procedure for dealing with this form of deliberate criminal extortion was expounded in the October issue of Spirit of Venice Speaks.

Our cops illegally search and seize whatever they want.  They consistently enter without warrants, illegally confiscate money, vehicles, boats, drugs, property.  They act as if the law is for their convenience, as if Constitutional rights do not exist at all.  Their refusal to observe Constitutional rights that contradict local laws is conspiracy, treason, theft, fraud and a few more. At the federal level, the IRS steals from almost everyone, illegally, and almost all live in fear of them.  Careful research has proven that ; there is no law compelling anyone to pay an “income tax.”  No statute states who does or doesn't have liability to pay this tax, or what this liability would consist of, nor how anyone could acquire such liability.  A 1040 from is a very carefully worded deception.  It is a self assessment; a confession that the filer owes the government the amount entered on the form.  This is a form of entrapment.  Although the Constitution outlaws self-incrimination (the 5th Amendment), once that form is filed, the government can prosecute or jail for nonpayment.  This is extortion under color of law. Nor does an IRS agent have the legal right to issue a lien or levy on anyone.  Because liens or levies must be signed under penalty of perjury, an unsigned “notice” is sent instead.  Banks, employers, insurance companies and others then treat the “notices” as if it were a legal lien or levy, and just GIVE the IRS money although they are not legally compelled to, for fear of being audited.  These actions constitute a violation of fiduciary trust and as such are grounds for a lawsuit.  There is no statute of limitations on such civil fraud.  Any IRS agent guilty of this terrorism should be jailed and personally fined.  While there are laws to this effect, no judge will rule on them because judges are part of the system that supports itself by these illegal means. The Founding Fathers would not allow our government to print paper money because they knew that gold and silver were the only true money, unlike paper money, such as the “Continental Scrip” issued by the British, which can be devalued, in this way robbing the people of all things of worth.  Yet, today, the government has private banks (the Federal Reserve) print and distribute paper money with nothing backing it, and charge us, the people, with the FACE VALUE OF THE CURRENCY PLUS INTEREST ON EVERY DOLLAR THEY DISTRIBUTE!!!  There is NO real money in circulation in our country today.  This “face value” plus interest: makes up the so-called National Debt.  Since 1965, the supposed value of this paper money has been cut in half.  It now takes two parents, both working, to provide for a family.  This is insane.  The day the “government” is allowed to set up property taxes, ownership of private property came to an end.  The government confiscates  property for unpaid property taxes.  This means they were the real owners all along.  The presumed ownership is actually renting the property from the government.  If the rent is not paid, the property is repossessed. Under this arrangement, the government owns everything; the people own nothing:  Buy a car, don’t pay the registration fees, and you can't use it.  Now, you even have to pay for it if it is just sitting unused in your garage.

Every public official from the police officer on the beat to the person at the top has sworn an oath to “Protect and Uphold the Constitution”, the Supreme Law of the Land, yet our politicians pass laws contrary to it (Patriot Act, War Powers Act, etc.) and nobody stops them.  Their actions are literally treason and should be treated accordingly. We have a government that is running wild, seeking to control all of us, in every way.  It acts as if we have no rights at all.  If considered necessary, the government will cheat, lie and steal to get its way (WMD, 19 Arab fundamentalists carried out 9-11).

A right is not a privilege; it cannot be taken away. However, if a person cannot stand up for that right, for whatever reason, then that person does not have that right.  Big Brother gets bigger every day, and the longer we wait to deal with it, the less ability we have to fight back, or to keep pace with it.  Locally, there is no action to remove from the books ordinances that violate Constitutional rights, nor do the police or politicians refuse to obey them.  Police acting in violation of personal civil rights are supported by the system and our “lawmakers” continue to write laws that are in violation of the Constitution.  This undermines the authority of the Supreme Law of the Land and is treason.   We cannot allow this trend to continue.  It will only get worse.  It has consistently gotten worse.  We must alert every person in this country to the scope of what is happening.  When some “public servant” oversteps a boundary, we must be willing to scream bloody murder until changes are made.  If we don't want our children and our children's children herded into compounds for supposed crimes against the state, without rights or liberty, we MUST take action NOW.  Don't wait for someone else to do it.  We ALL must do it, and keep on doing it until things are put to rights...More on ways to do this next month.  Stay tuned...   © W. George E. K. French

The Truth Shall Set You Free (II) by I. M. Love
We need the revolutionary change that Nat Turner was preaching to our fore-parents. To Rise Up and take their freedom from the slave master.  Children, we must demand our freedom, justice and equality.  This spirit is moving in the air, blowing life into our community.  This spirit is like fire – it can't be put out.  Everything on earth is crying out for the end of White Supremacy rule.  Our spirit represents the Kingdom of God.  This is the revolution; this is the word; this is the song.  Get up! I am shouting.  We have the will of the Most High.  We have the courage.  We have the faith.  We will get it done!  
© I.M. Love

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Troops Battle 10-Foot Marijuana Plants
OTTAWA (Oct. 13) - Canadian troops fighting Taliban militants in Afghanistan have stumbled across an unexpected and potent enemy -- almost impenetrable forests of 10-feet-high marijuana plants.  General Rick Hillier, chief of the Canadian defence staff, said on Thursday that Taliban fighters were using the forests as cover. In response, the crew of at least one armoured car had camouflaged their vehicle with marijuana.

"The challenge is that marijuana plants absorb energy, heat very readily. It's very difficult to penetrate with thermal devices ... and as a result you really have to be careful that the Taliban don't dodge in and out of those marijuana forests," he said in a speech in Ottawa.  "We tried burning them with white phosphorous -- it didn't work. We tried burning them with diesel -- it didn't work. The plants are so full of water right now ... that we simply couldn't burn them."   Even successful incineration had its drawbacks.   "A couple of brown plants on the edges of some of those (forests) did catch on fire. But a section of soldiers that was downwind from that had some ill effects and decided that was probably not the right course of action," Hillier said dryly.  One soldier told him later: "Sir, three years ago before I joined the army, I never thought I'd say 'That damn marijuana'."   http://tinyurl.com/yxvo44

Update on Photographing Police - CBS NEWS by Robert Lederman CBS just did a news story on an incident in which an NYPD Lt. struck a young man and damaged his camera while he was videotaping another officer writing a summons. As I related a few weeks ago, NYPD officers are increasingly acting in an aggressive and illegal manner concerning being videotaped. A number have recently threatened me with arrest under the Patriot Act for doing so. I have refused to stop videotaping in each of these incidents and have, so far, suffered no retaliation.  A number of these officers claimed that, based on the Patriot Act, it is now illegal to videotape, photograph or tape record a police officer. This is completely untrue, as the CBS story below shows.

It remains 100% legal to videotape, photograph or tape record any on duty police officer. The section in the Patriot Act the officers are mistakenly referring to involves someone photographing a train station, police precinct, airport, bridge or other infrastructure in preparation to destroy it by an act of terrorism.  Exactly how NYPD officers got this misinterpretation is unclear. I  think the confusion may have partly involved a completely different issue in which a man was caught a few months ago photographing the license plates of private cars belonging to NYPD officials in order to bring a charge of them violating parking regulations. The man was taken into custody but never charged, because it is not illegal to do so. The police involved felt that what the man was doing violated their private security by exposing their home addresses, family etc. He is now suing the NYPD.

In Times Sq on numerous occassions I've personally observed police officers with machine guns posing for souvenier photos with tourists. Clearly, those officers don't think it's illegal to photograph them.  I have filed a Freedom of Information request with the NYPD legal
division for offical written clarification on this matter. So far,  they have not responded.  Ironically, the legal division officer who offically answers these requests is the same Lt. who was featured in the CBS News piece.   I have videotaped him many times over the years during my own arrests and he never gave me any problem about it. In fact, he always made it clear I had every right to do so. Usually he had his own NYPD camera people from the TARU Unit there videotaping me as well!  When they reply I will post their offical response to the list.  There remains no better way to protect yourself from illegal harassment while vending than to fully document everything a police officier says or does while interacting with you. Today in SoHo the police illegally seized a number of unattended tables belonging to artists. Getting this on video would have been very useful.   The first few seconds of these incidents are the most important to get on tape because that's when the officer often reveals that the enforcement is illegal. For example, they will often say right at the beginning, "Yes, I know you have a right to sell here, but somebody complained so you must leave."  Get that on tape and you just won your case.

I take a digital photo of my stand every time I set up to show the exact position on the sidewalk. If an officer comes up to talk to me I make sure to get a photo of the stand with him in it. This has to do with issues of distance from a door, or corner etc. If the officer is giving you a summonses for being less than 20' from a door, videotape them measuring (or not measuring) the space. If he claims the sidewalk is unusually crowded and you have to leave, make sure to videotape the pedestrians walking by. Everything in and around the area, everything said etc. is evidence.  It's all about collecting good evidence as compared to weak or inconclusive. Court cases revolve around evidence, not opinions. To be found guilty, the police must bring concrete evidence of your crime to the court. If you have the better evidence, you will prevail. Most of the evidence police bring to a court on vending issues is just their written description on the summons and it's often very poorly put together. If your photographic evidence proves their written descrition is wrong, you will surely win the case.  However, use common sense. Do not stick a camera right in their face or use it in a threatening manner. Don't threaten them verbally either. Nobody likes being threatened. When I reach for my camera I do it slowly and tell them what I'm doing so they don't think I'm reaching for a weapon. Don't stick the camera inside their car window either. Your right to photograph them involves public space, exactly like your right to sell art. also, don't make a big speech. You want them talking on the tape, not you telling off the officer or making excuses about why you are set up illegally.

The comments by the attorney in the article below refer to a situation in which an officer tells you that you are under arrest. In other words, you can't refuse to be handcuffed, and just continue videotaping. I got falsely arrested more than 40 times and videotaped or otherwise recorded most of those incidents. Once the officer told me I was under arrest I let him or her cuff me. If you can, just leave the camera or tape recorder on. The digital tape recorder I use now will keep going for many hours.  Everyone's experience is different but in my case during those incidents the police never once broke my camera, took the tape or erased it. I was never found guilty during a single one of these incidents, and the tapes were often very useful in winning my cases.

Recording things is a two way street. Most officers understand that the videotape also protects them from you making any false charge of police brutality or misconduct. If they are doing nothing illegal, they should have no problem with you documenting their actions. At least in theory, they work for you.  In a surveilance society, it's only fair that you should be able to record the police. Be assured, they are recording you much of thetime, including when you are vending. The Parks and streets of NYC are filled with hidden video surveillance cameras.  ©  Robert Lederman

Go here for FAQS about  your constitutional rights during police encounters:
 http://www.flexyourrights.org/frequently_asked_questions


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