Right on Line 2012

I'm writing this post from several thousand feet as I fly out to Las Vegas for the annual Right On Line conference.

For those of you thinking this is a time to gamble and have fun, let me assure you that I will be working, covering all the events, speakers and sessions, as well as attending several of the break-outs. I'll be blogging about all of it.

So while I know I will have fun, this is not a vacation.

I'm grateful for the scholarship I received for my travel which allows me to attend. Americans for Prosperity does provide scholarships to bloggers and I know that several others from Ohio are recipients so I'm looking forward to Ohio having good representation for the two-day event.

Tonight, we'll see an advance screening of the movie Occupy Unmasked and hear from Michelle Malkin and Sarah Palin.

Tomorrow it's Michelle Malkin (again), Hugh Hewitt, Roger Hedgecock, Scott Rasmussen, Jonah Goldberg, S.E. Cupp, Ann McElhinney, Dana Loesch and Rusty Humphries.

Check back often as I'll post my raw notes from their comments as soon as they finish speaking.

No wonder the solar industry is tanking

This is also a further indictment of state legislators who mandated that companies get their power from 'green' energy sources. From Crane's Detroit Business May 11, 2011:

A $3 million solar energy installation to help power General Motors Co.'s Detroit-Hamtramck assembly plant was formally announced Wednesday by GM and DTE Energy Co.

The project is expected to be the largest photovoltaic solar array in Southeast Michigan and generate 516 kilowatts of electricity at the plant, home to the Chevrolet Volt electric car.

The array will be built on six acres on the south side of the plant and is expected to save the plant about $15,000 annually, under a 20-year agreement.

Do the math: $3,000,000 cost divided by $15,000/year savings means it will take 200 years to see a return on the investment (ROI).

Think about it - 200 years ago we were in the middle of the Industrial Revolution, moving from human and animal labor toward machines - primarily the steam engine.

Do we really think the solar array installed at this Volt plant is even going to be around in 200 years?!?

Perhaps only as a museum exhibit....

The solar array for the lights on our new I-280 bridge had a 150-year ROI. In fact, most solar projects take much longer to recoup the investment than even the life of the panels themselves (usually around 20, but maybe 30 years).

Without huge handouts of taxpayer money to install them - or mandates from politicians, no business would willingly choose such a poor investment. The technology may advance to the point where it is viable, but it will never reach that point if unprofitable and illogical 'investments' are promoted or mandated by government.

Just say no to government picking the winners and losers.

Flag Day 2012

Today is Flag Day - here's the history from USFlag.org:

The Fourth of July was traditionally celebrated as America's birthday, but the idea of an annual day specifically celebrating the Flag is believed to have first originated in 1885. BJ Cigrand, a schoolteacher, arranged for the pupils in the Fredonia, Wisconsin Public School, District 6, to observe June 14 (the 108th anniversary of the official adoption of The Stars and Stripes) as 'Flag Birthday'. In numerous magazines and newspaper articles and public addresses over the following years, Cigrand continued to enthusiastically advocate the observance of June 14 as 'Flag Birthday', or 'Flag Day'.

On June 14, 1889, George Balch, a kindergarten teacher in New York City, planned appropriate ceremonies for the children of his school, and his idea of observing Flag Day was later adopted by the State Board of Education of New York. On June 14, 1891, the Betsy Ross House in Philadelphia held a Flag Day celebration, and on June 14 of the following year, the New York Society of the Sons of the Revolution, celebrated Flag Day.

Following the suggestion of Colonel J Granville Leach (at the time historian of the Pennsylvania Society of the Sons of the Revolution), the Pennsylvania Society of Colonial Dames of America on April 25, 1893 adopted a resolution requesting the mayor of Philadelphia and all others in authority and all private citizens to display the Flag on June 14th. Leach went on to recommend that thereafter the day be known as 'Flag Day', and on that day, school children be assembled for appropriate exercises, with each child being given a small Flag.

Two weeks later on May 8th, the Board of Managers of the Pennsylvania Society of Sons of the Revolution unanimously endorsed the action of the Pennsylvania Society of Colonial Dames. As a result of the resolution, Dr. Edward Brooks, then Superintendent of Public Schools of Philadelphia, directed that Flag Day exercises be held on June 14, 1893 in Independence Square. School children were assembled, each carrying a small Flag, and patriotic songs were sung and addresses delivered.

In 1894, the governor of New York directed that on June 14 the Flag be displayed on all public buildings. With BJ Cigrand and Leroy Van Horn as the moving spirits, the Illinois organization, known as the American Flag Day Association, was organized for the purpose of promoting the holding of Flag Day exercises. On June 14th, 1894, under the auspices of this association, the first general public school children's celebration of Flag Day in Chicago was held in Douglas, Garfield, Humboldt, Lincoln, and Washington Parks, with more than 300,000 children participating.

Adults, too, participated in patriotic programs. Franklin K. Lane, Secretary of the Interior, delivered a 1914 Flag Day address in which he repeated words he said the flag had spoken to him that morning: "I am what you make me; nothing more. I swing before your eyes as a bright gleam of color, a symbol of yourself."

Inspired by these three decades of state and local celebrations, Flag Day - the anniversary of the Flag Resolution of 1777 - was officially established by the Proclamation of President Woodrow Wilson on May 30th, 1916. While Flag Day was celebrated in various communities for years after Wilson's proclamation, it was not until August 3rd, 1949, that President Truman signed an Act of Congress designating June 14th of each year as National Flag Day.

Quote of the Day - government parasites

Thomas Jefferson wrote this in a letter to William Ludlow ... in 1824.

Can you imagine what he'd say about the 'machinery' of government today?

"I think we have more machinery of government than is necessary, too many parasites living on the labor of the industrious." ~ Thomas Jefferson, letter to William Ludlow, 1824

Sherrod Brown's 'stuck-on-stupid' economics

In yesterday's Washington Post, our Democrat Senator Sherrod Brown said:

“Everybody knows that government creates jobs.”

I kid you not.

He continued:

“Government creates jobs in highways. We hire private contractors. That creates other jobs. It builds an economic foundation for job creation.

“During the fifties, the sixties, the seventies, the eighties, the United States had great infrastructure programs. We were the envy of the world. Those are clear formulaic job creating strategies that we know.”

Can you say 'stuck-on-stupid'?

To be fair, he is technically correct that government spending can create temporary jobs - but he fails a basic economic lesson when he refuses to acknowledge that such spending comes at a cost to the private sector, which is the only true place where growth can occur.

You see, there is a difference between jobs and growth.

Government could pay us all to dig ditches. And if they wanted to employ us for a long time, they could give us only spoons to move the soil. Think about how many people could be employed if only the government did that!

But growth - the economic engine that results in long-term jobs and employment - does not come from government. It comes from the private sector when a company creates a product that others choose to purchase, creating the need for supplies and employees and transportation and marketing, etc... This is what builds "an economic foundation for job creation."

Government infrastructure projects do best when they're responding to the needs of the private market - not when they are 'busy work' in order to artificially inflate employment numbers or when they are nothing but pork or special interest projects of politicians (high-speed rail, anyone?).

Josh Mandel, Brown's opponent for the Senate seat in November, obviously has a better grasp of economics (emphasis added):

"Sherrod Brown's statement demonstrates that after two decades in Washington and 38 years running for political office, he is out of touch with struggling private sector job creators and millions of Americans looking for work but can’t find it. I believe the only way forward is to empower hard working Americans. If more wasteful Washington spending was the answer, the problem would have been solved long ago."

No matter where you stand on any other issue, the fact that Brown thinks more government spending is the solution to our economic woes should cause you to vote for Mandel in November.

Federal Court: Speech restrictions on students unconstitutional

Students and free speech win over University of Cincinnati!

Press Release:

Federal Court: University of Cincinnati Speech Restrictions on Students Unconstitutional

Students supporting "right to work" amendment cannot be arrested for discussing amendment and gathering signatures on campus

Cincinnati, OH - A federal court today ruled that the University of Cincinnati's blanket prohibition on student political speech on campus violates the First Amendment. The ruling, made by Judge Black of the Cincinnati division of the Southern District of Ohio, paves the way for members of the student group Young Americans for Liberty ("YAL") to advocate and collect signatures for the Ohio Workplace Freedom Amendment on campus.

The 1851 Center for Constitutional Law, which also drafted the Workplace Freedom Amendment, took up the students' case and challenged UC's policies after UC threatened to arrest student members of YAL if they attempted to gather signatures for the right-to-work cause on campus.

The lawsuit sought recognition that (1) the First Amendment applied to public university property, such as the University of Cincinnati; (2) signature-gathering for petition drives is a protected form of political speech; and (3) UC's requirement that all UC students register up to 15 days ahead of time before engaging in any political speech on campus violates the First Amendment.

In his decision, Judge Black emphasized "It is simply unfathomable that a UC student needs to give the University advance notice of an intent to gather signatures for a ballot initiative. There is no danger to public order arising out of students walking around campus with clipboards seeking signatures." The order, an across-the-board rebuke to UC's policies, enjoins UC from:

* "Requiring prior notification for the solicitation by students of signatures for petitions;"

* "Prohibiting all solicitation by students of signatures for petitions in any designated public forum, including the Free Speech Area, the outdoor spaces described in the MainStreet Event Guide, and campus sidewalks;"

* "Requiring that all student 'demonstrations, picketing, or rallies' occur only in the Free Speech Area;"

* "Requiring 5 to 15 days prior notification for any and all student 'demonstrations, picketing, or rallies' without differentiations;"

* "Imposing or enforcing any policy restricting student speech in any designated public forum, including the Free Speech Area, the outdoors spaces described in the MainStreet Event Guide, and campus sidewalks, that is not individually and narrowly tailored to serve a compelling university interest.

The Court further ordered UC to craft "more narrowly tailored regulations that regulate student expressive activities . . . only as are necessary to serve a compelling government interest." "UC is an arm of the state that has chased and received state and federal tax dollars since its inception, all in the name of 'public education,'" said Maurice Thompson, Executive Director of the 1851 Center.

"UC mistakenly seeks to advance its mission of public education by shielding its students from actual education on public policy issues that affect all Ohioans. Fortunately, the First Amendment allows us to protect the education of UC students from their educators; it further protects the right of students to calmly address facts and arguments that UC would rather suppress, and to do so without prior permission."

The 1851 Center and UC students endured four months of procedural tactics, harassing depositions, and frivolous daily letters by UC's attorneys, after Ohio Attorney General Mike DeWine authorized $200,000 in state funds to the private law firm of Crabbe Brown, a campaign contributor of Mr. DeWine's, to defend the clearly unconstitutional University of Cincinnati policies. The 1851 Center represents clients at no cost.

Multiple Ohio colleges and universities maintain speech restrictions similar in kind, although not as extensive, as those of the University of Cincinnati - - the Foundation for Individual Rights in Education recently named UC's speech policies the worst in the nation. However, these policies are suspect in light of the Court's clear ruling.

Click here to view the court's decision.

Click here to read more about the case.

Details you need to know: Toledo recreation levy, merged commission and strategic plan

A proposal for a 10-year, 1 Mill recreation property tax levy is on the agenda for today's Toledo City Council Meeting. It is likely to be referred to the Youth, Parks, Recreation and Community Relations Committee which is scheduled to meet at 10 a.m. on June 14th.

I've already taken a position against the levy, and nothing I've seen or read since then has changed my mind. I also did a tongue-in-cheek post that suggested shooting ranges if the levy actually passes.

But it's not just the tax - there are other items included with the proposal.

It starts with a resolution requesting certification of the amount of money the tax would raise and declaring Toledo's intent to put the measure on the ballot:

Declaring the intent to raise additional funds for recreational purposes by providing for the submission to the electors of the City of Toledo, as authorized by R.C. 5705.19(H), at the general election to be held on November 6, 2012, of a question to approve the imposition of a tax levy not to exceed 1 mill for the ten (10) year period 2012-2021, both inclusive; providing general guidelines for the use of potential levy funds; requesting certification from the Lucas County Auditor; and declaring an emergency.

WHEREAS, the Council of the City of Toledo is cognizant of the necessity of providing expanded and continuing recreational programs and facilities for the citizens of Toledo; and

WHEREAS, such recreational programs would be a great benefit to adults and particularly children of school age by providing for a balanced, accessible recreational program; and

WHEREAS, the City of Toledo has inadequate funds for such recreational purposes and all indications are that adequate funds shall not be available from present resources and taxes within the ten mill limitation (inside millage) in the foreseeable future; and

WHEREAS, the Recreation District Steering Committee created by Council has recommended that the proposed levy for the purposes of funding parks and recreation within the City of Toledo be submitted to the electors of the City of Toledo; and

WHEREAS, the Council finds and determines that the proposed tax levy as being the best means of accomplishing the recreational objectives of the City in accordance with and pursuant to the City’s statutory and constitutional powers; NOW, THEREFORE,

Be it resolved by the Council of the City of Toledo:

SECTION 1. That the Council of the City of Toledo will pass a resolution providing for submitting a question to the electors at the general election on November 6, 2012, authorizing Council to impose a levy not to exceed 1 mill for ten (10) years beginning with the year 2012 to provide funds for recreational purposes, as authorized by R.C. 5705.19(H).

SECTION 2. That Council declares its intention to pass such resolution and certify it not later than August 8, 2012.

SECTION 3. That the Parks and Recreation Levy Fund to be established upon passage of the tax levy shall be governed by the following general guidelines:

(a) The Council has the ultimate power and discretion to implement the City’s overall recreational program, which includes but shall not be limited to approving budgets and expenditures required for each project, facility and program, subject to compliance with all applicable local, state and federal laws.
(b) The Council shall consider recommendations from the Toledo Parks, Athletics and Recreation Commission at least annually in conjunction the preparation of the Annual Operating Budget of the City of Toledo and the expenditure of amounts from the Parks and Recreation Levy Fund.
(c) The City shall not make expenditures from the Parks and Recreation Levy Fund that are not lawfully related to the City’s Parks and Recreation activities and/or programs.

SECTION 4. That the Council requests the Lucas County Auditor to certify to the Council of the City of Toledo the total current tax valuation of the City of Toledo, and the dollar amount of revenue that would be generated by a 1 mill levy.

SECTION 5. That this Resolution is declared to be an emergency measure and shall take effect and be in force immediately from and after its adoption. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that same is necessary to maintain the parks and recreation programs of the City.

Note the wording: "the necessity of providing expanded and continuing recreational programs and facilities." They don't just want to fund current programs, they want to create more programs and even new facilities - buildings, property, etc... All of which will require ever-increasing amounts of funding to maintain.

Oh - and since when is recreation a necessity??? Isn't it, by very definition, a pastime and not a 'need'?

The next item is the resolution putting the item on the ballot:

To provide funds for recreation purposes, as authorized by R.C. 5705.19(H), there should be submitted to the electors of the City of Toledo, at the general election to be held on November 6, 2012, the question of the approval of a tax levy not to exceed 1 mill for the ten year period of 2012-2021; both inclusive, beyond the present constitutional, statutory and charter limitations; providing for certification and notice to the Board of Elections of Lucas County; and declaring an emergency.

WHEREAS, the amount of taxes which may be raised within the ten mill limitation (inside millage) by the levies on the current tax duplicate will be insufficient to provide an adequate amount for the necessary requirements for recreational purposes of the City of Toledo; NOW, THEREFORE,

Be it resolved by the Council of the City of Toledo, with two-thirds of all members elected concurring as follows:

SECTION 1. That Council finds and declares that it is necessary to levy a tax in excess of the ten mill limitation for the benefit of the City of Toledo for recreational purposes, as authorized by R.C. 5705.19(H), at a rate not exceeding 1 mill for each dollar of assessed valuation, which amounts to $0.10 for each one hundred dollars of such valuation, for the ten (10) year period from 2012 to 2021, both inclusive.

SECTION 2. That the limitations, if any, of the Toledo Charter upon the powers of Council to levy general property taxes shall not operate as a limitation upon the power of Council to levy taxes upon such other subjects and for such other purposes as may be lawful under the Constitution and laws of the State of Ohio, nor shall this Resolution be deemed to be a limitation upon the power of Council to incur indebtedness for such improvements and all other lawful purposes within constitutional and statutory limitations.

SECTION 3. That the Clerk of Council is directed to certify to the Board of Elections of Lucas County, Ohio, the enactment of this Resolution for the submission of the aforesaid amendment at the general election to be held on November, 6, 2012, and the Clerk of Council is directed to request the Board of Elections to provide for submitting the question at said election as provided by law, and notify the Board of Elections to cause notice thereof to be lawfully given.

SECTION 4. That the following ballot language is recommended to the Board of Elections for their consideration:

“Shall a tax be levied for the benefit of the City of Toledo for the purposes of providing parks and recreational facilities, programs and services at a rate not exceeding 1.0 mill for each one dollar of valuation, which amounts to $0.10 for each one hundred dollars of valuation, for 10 years, commencing in 2012, first due in year 2013.”

SECTION 5. That this Resolution, pursuant to R.C. 5705.19, shall take effect and be in force from and after its adoption, and pursuant to the City Charter, this resolution is also declared an emergency measure and shall take effect and be in force immediately from and after its adoption. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property and for the further reason that same is necessary to maintain the recreational program of the City.

Let me explain the 10-Mill limitation. Ohio law allows jurisdictions to tax us up to 10 Mills. Anything over and above that 10-Mill limitation has to go on the ballot for approval of the voters. If my count is correct, not including schools, there are 13 property tax levies a Toledo resident pays over and above the 10-Mill limitation.

Note, too, that this is a 10-year levy. According to the Toledo City Charter, no person can serve more than 12 consecutive years on council. Steven Steele was appointed in 2009. Lindsay Webb was first elected in 2007 and took office January 2008. Neither of these two sponsors are going to be on council when this levy, if passed, will be up for renewal. They want to stick us with the costs and both will be gone before it expires.

This item also contains the ballot language which fails to mention the fact that the money won't just be for existing recreation - but for expanded programs and facilities.

But there's more....

They want to create a new board, Toledo Parks, Athletic and Recreation Commission, that would merge the parks commission, athletic commission and recreation commission into one. It would also merge any funds associated with the commissions.

Here are the duties of the new board:

The purpose of the Toledo Parks, Athletic and Recreation Commission is to enhance the quality of life for the City’s citizens through the creation, improvement and maintenance of parks, athletic and recreational opportunities, facilities and programs. The Commission shall serve in an advisory capacity to City Council and the Administration on all matters related to parks, recreation and athletic facilities and programs within and operated under the auspices of the City. Duties of the Commission include the following:

(a) To evaluate and recommend updates to Council and the Mayor of the City Master Plan for parks, recreation and athletics at least every three years.
(b) To annually evaluate and recommend to Council and the Mayor updates to the strategic plan for City parks, recreation and athletic facilities and programs, and as part of this process to hold at least one public community forum to facilitate citizen input.
(c) To confer with the Division of Parks, Recreation and Forestry and make specific recommendations to the Mayor and Council related to priority capital projects and funding.
(d) To consult with the Mayor, Council and the Division of Parks, Recreation and Forestry on specific recommendations pertaining to the City’s operating budget and programming related to parks, athletics and recreation.
(e) To consider, investigate, report and recommend upon any special matter referred to it by Council or the Mayor.
(f) To hold such regular meetings of not less than six per year as are necessary to carry out the duties of the Commission and to keep a record of all meetings.

My 'quality of life' would be greatly enhanced if they didn't keep taking so much money from me to enhance my quality of life!

Did you catch the reference to a "strategic plan" for parks, recreation and athletic facilities and programs?

Obviously, we have to have a strategic plan if a commission is going to update it yearly.

Which leads to the last item - creating a master plan at a cost of $25,000:

Authorizing the expenditure of an amount not to exceed $25,000 from the Toledo Athletic Commission Trust Fund to pay for consulting services for the development of a Master Plan for the City of Toledo Parks and Recreation Facilities and Programs; waiving competitive bidding or competitive proposal requirements of T.M.C Chapter 187; waiving T.M.C. section 163.05; authorizing the Mayor to enter into any necessary agreements for the development of such Master Plan with Pros Consulting LLC; and declaring an emergency.

SUMMARY & BACKGROUND:
In conjunction with current efforts of Council and the Recreation District Steering Committee to study issues related to the challenges facing our residents, including senior and youth in accessing affordable recreational opportunities, evaluate existing resources, develop partnerships and explore funding sources, it is critical to update the City of Toledo’s Parks and Recreation Master Plan. The City’s Parks and Recreation Master Plan was last updated fifteen years ago. As time is of the essence in completing this master plan, the use of a competitive proposal process would cause a detrimental delay. Pros Consulting, LLC performed a preliminary evaluation of the City of Toledo parks and recreation facilities and is able to best complete the master plan update in the necessary time frame. Pros Consulting, LLC is a full-service management consulting and planning firm focusing on services to government and not-for-profit agencies. The firm was formed in 1995 to serve the park, recreation, and leisure services industry. The City is best served by bringing this matter directly to Council for approval. Pros Consulting has agreed to complete an update of the City of Toledo’s Parks and Recreation Master Plan by the October 1, 2012 for a fee not to exceed $25,000. NOW, THEREFORE,

Be it ordained by the Council of the City of Toledo:

SECTION 1. That Council waives the competitive proposal requirements of T.M.C. Chapter 187 and authorizes the Mayor to enter into any necessary agreements with Pros Consulting, LLC for the completion of an update of the City of Toledo Parks and Recreation Master Plan at a cost not to exceed $25,000.

SECTION 2. That an amount not to exceed $25,000 is authorized to be expended from the Toledo Athletic Commission Trust Fund, Account Code 2090–60300–7T71509STDSTD for the hiring of Pros Consulting LLC to provide an update of the City of Toledo’s Parks and Recreation Master Plan; and that Council waives the provisions of T.M.C. 163.05.

SECTION 3. That the Finance Director is authorized to draw his warrant or warrants against Account Code 2090–60300–7T71509STDSTD upon presentation of upon presentation of the proper voucher or vouchers.

SECTION 4. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that the Ordinance must be immediately effective in order to provide best solutions related to the challenges facing Toledo residents in accessing affordable recreational opportunities.

Yep - a no-bid contract to an Indiana firm with offices in Texas and California. Oh - and did you see that part of what they're supposed to do is "explore funding sources"?

Why would we need a levy if we're going to spend $25,000 to exploring funding sources????

Interestingly, one of the success stories on the company's website is this:

12 pass - 1 loss in bond referendums $900m+

And all of this is, of course, an emergency.

The committee meeting is Thursday at 10 a.m. in City Council Chambers at Government Center. All you have to do is sign your name on the paper at the podium and you can speak to them about the issue.

If you can't make the meeting, here is a link to council members - clicking on the names in the right-hand column will give you the individual email addresses, but they're easy: firstname.lastname@toledo.oh.gov

The phone number for council is 419-245-1050.

Let them know what you think.

Toledo council knowingly violates charter to help union

Considering how egregious the action by Toledo City Council was, I thought my comments about their willingness to violate our city's charter in order to help a union (not us - the taxpayers - mind you, but a union) deserved wider coverage.

My post on their action is up at Ohio Watchdog:

OH: Toledo council knowingly violates charter to help union

The most important thing Toledoans need to know is that the Democrat members of council (Republicans did not support the measure) decided that they would willingly and knowingly violate the charter in order to protect Firefighters Local 92 from having unknown costs associated with the domestic partnership benefits the city wanted to extend to same- and opposite-sex couples.

They have absolutely NO IDEA how much this is going to cost us, the taxpayers. And they don't seem to care. But when a union said, 'hey, wait a minute,' they jumped all over themselves - ignoring the advice of the law director - to be sure the union wasn't financially harmed.

Talk about arrogance, hubris, and disdain for the people who have to foot the bill...not to mention for the oath of office they took in which they swore to uphold the charter of the city of Toledo!

Remember this when they tell you we have to have a Recreation levy!

Celebrating school choice and vouchers

Our welfare system is a voucher system - you can spend your SNAP benefits (food stamps) at any grocery store and even at farmer's markets.

Our housing system is a voucher system - you're not told where you must live when using the subsidies. You are allowed rent from any place that accepts such payments and it's the renter's choice to do so or not.

Our medicare system is a voucher system - you're not told which doctor you must see. You are allowed to see any doctor who accepts such payments and it's the doctor's choice to do so or not.

Even the federal college loan and grant program is a voucher system. You're not told you can only attend a specific school. You're allowed to CHOOSE your place of education.

So if all these other programs work well with vouchers - including higher education - why can't we use vouchers for K-12 education?????



Press Release from School Choice Ohio:

COLUMBUS, Ohio (June 6, 2012) – School Choice Ohio is joining co-chairs Betty Montgomery and Jo Ann Davidson to host a special event in Cleveland on Monday, June 11, to celebrate the 10-year anniversary of the U.S. Supreme Court’s decision affirming the constitutionality of school vouchers. More than 600 students, parents, school leaders and special guests are expected to attend the celebration.

The U.S. Supreme Court upheld the constitutionality of the Cleveland Scholarship and Tutoring Program in the landmark Zelman v. Simmons-Harris case on June 27, 2002. The decision opened the door for thousands of students in Ohio and across the nation to apply for state-funded scholarships to attend the private schools of their choice.

Monday, June 11, 2012 5:30 Cocktails, 6:30 Dinner

Renaissance Hotel
24 Public Square #1
Cleveland, Ohio 44113

Guest Speakers
Ken Starr, Advisor to Ohio on the Supreme Court Case
George Voinovich, Former Ohio Governor
Kevin P. Chavous, National School Choice Advocate
William Batchelder, Speaker of the Ohio House of Representatives
Betty Montgomery, Former Ohio Attorney General
And many other Ohio elected officials and distinguished guests

Award Presentations

School Choice Ohio Courage Awards
In memory of Cleveland Councilwoman Fannie Lewis’ undying commitment to the students of the city of Cleveland, these awards will be presented to Senator Nina Turner, Representative Bill Patmon and Friends of Breakthrough Schools President John Zitzner.

School Choice Ohio Leadership Award
To David L. Brennan for his visionary role in helping to create the Cleveland Scholarship and Tutoring Program, which paved the way for school vouchers across the nation.

An update from the Future of Journalism Summit

I'm in Providence, RI, this weekend to participate in the Future of Journalism Summit sponsored by the Heritage Foundation and the Franklin Center for Government and Public Integrity.

Yesterday was a series of educational sessions followed by the first-ever Breitbart Awards Dinner. I will have a post about what I learned but I wanted to take a moment to congratulate Duane Lester of All American Blogger for winning the Breitbart Blogger Award. He's a great blogger and well-deserving of the tribute.

Also, I wanted to share some good news about one of my posts for Ohio Watchdog. My piece "Sherrod Brown's hypocritical 'war on women' was linked yesterday on Nationa Review's The Corner. I hope you'll have a moment to read it and the article itself.

Going dark to urge congressional action: Who will protect the freedom to blog?

I wanted to share with you an action that many bloggers are participating in:

Going dark to urge congressional action: Who will protect the freedom to blog?

As I committed to covering the Future of Journalism Summit sponsored by Heritage Foundation and the Franklin Center for Government and Public Integrity, including tonight's Breitbart Awards Dinner, I cannot go dark. But I can share with you Michelle Malkin's column and urge you to do and bloggers are doing and contact your members of Congress to help protect the freedom to blog.

This is not a left/right or Republican/Democrat issue - this is about our fundamental right to free speech.

Here is the start of her column. I hope you'll read the entire post and use her links to contact members of Congress and help protect everyone's First Amendment rights.

My syndicated column today covers the crucial battle between truth-telling bloggers versus convicted bomber Brett Kimberlin and his band of malicious online thugs. In honor of the National Day of Blogger Silence called by Ace of Spades, this blog is going dark. But far from shutting up, I’ll be spending the day calling, e-mailing, and tweeting members of Congress, GOP leaders, journalists, and influencers to ask them what they are doing to defend the First Amendment rights of bloggers. This is a day of action, not inaction. Below my column, I’ll list some contact info for elected officials who need to hear from you. Please join us and act for free speech. Thank you.

***

Who will protect the freedom to blog?
by Michelle Malkin
Creators Syndicate
Copyright 2012

Free speech is under fire. Online thugs are targeting bloggers (mostly conservative, but not all) who have dared to expose a convicted bomber and perjuring vexatious litigant now enjoying a comfy life as a liberally-subsidized social justice operative. Where do your elected representatives stand on this threat to our founding principles?

On Wednesday, U.S. Senator Saxby Chambliss (R-GA) bravely stepped forward to press this vital issue. In a letter to Attorney General Eric Holder, Sen. Chambliss decried the “harassing and frightening actions” of Internet menaces who have recently gone after several conservative new media citizen journalists and activists. (VIDEO here.)

GOP Rep. Ken Marchant of Texas also added his voice, telling Holder in a statement that he is “very afraid of the potential chilling effects that these reported actions may have in silencing individuals who would otherwise be inclined to exercise their Constitutional right to free speech.” And the American Center for Law and Justice, a leading conservative free speech public interest law firm, announced it was providing legal representation to the National Bloggers Club – a new media association that has provided support and raised funds for targets of this coordinated harassment. (Full disclosure: I volunteer on the National Bloggers’ Club board of directors.)

The ACLJ described the importance of the case very simply: “Free speech is under attack.”

Read more.

There is also this column on National Review Online: Defending Bloggers from Attacks, Intimidation and Frivolous Lawsuits.

Here is an on-line petition, if you'd like to show your support.

Deed restrictions against charter schools ruled illegal

Good news for charter schools in Ohio! Remember when Toledo Public Schools and the Toledo City Council tried to implement a deed restriction in the sale of Libbey HS that would have prevented the property from ever being used/sold for a charter school? As a result of my blog post exposing the illegality of that provision, the deed restriction was removed.

Well, Cincinnati Public Schools weren't so wise and their attempt to do the same thing ended up before the Ohio Supreme Court which ruled the act illegal.

Here is the Press Release from the 1851 Center for Constitutional Law which represented a charter school in the lawsuit:

High Court Rebukes Attack on Cincinnati Charter Schools

CPS Deed Restrictions Against Charter and Private Schools Illegal, Cincinnati Charter Schools to Remain Open

Columbus - Cincinnati Public Schools' (CPS) policy of prohibiting the sale of unused available public school buildings to charter schools and private schools is unlawful and must end, today ruled the Supreme Court of Ohio. This decision rebuffs CPS efforts to shut down numerous successful charters schools in Cincinnati, and is a considerable victory for charter and private school operators throughout the state.

1851 Center for Constitutional Law represented Theodore Roosevelt Community School, a Cincinnati charter school CPS had sued to shut down. Theodore Roosevelt School had purchased an unused school building located in the Fairmount neighborhood, where all CPS schools are in academic emergency, and 80 percent of families are of minority status, and live in poverty. The school opened in August of 2010, and currently serves nearly 300 students and employs 45 staff members.

CPS attempted to enforce a deed restriction prohibiting the use of school buildings previously owned by CPS for use by a charter or private school. The 1851 Center asserted such restrictions are void by Ohio's public policy in favor of school choice, and cheat taxpayers of sales revenue from the buildings.

The Court's decision, authored by Justice Lanzinger, acknowledged held ". . . the inclusion of a deed restriction preventing the use of property for school purposes in the contract for sale of an unused school building is unenforceable as against public policy." The Court added, "[t]he restriction, on its face, prevents the free use of property for education purposes . . . Furthermore, the restriction is not neutral; it seeks to thwart competition by providing that the restriction applies to all buyers except CPS itself."

"The Court's decision upholds a landmark ruling in favor of school choice in Ohio, and against adversarial school districts who attempt to block alternative schools' right to exist," said 1851 Center Executive Director Maurice Thompson.

"Deed restrictions like the one struck down in this case were devised simply to stop new charter and private schools from opening in Cincinnati, so that CPS could retain students and protect its state funds. In its brief, CPS compares itself to a 'gas station' or 'hotel' that has a right to use hardball tactics against its competition. It seems to have forgotten that it's a public school that exists to educate children, rather than amass revenue."

The Court's decision suggested promise for the 1851 Center's overarching approach of using the doctrine "public policy" -- the requirement that contract terms are subject to the public interest -- to nullify government contract terms that attack school choice and reward special interests. While the Court acknowledged that the doctrine is narrow, it affirms 1851's position that special scrutiny should apply to government contracts: "in this case, however, involving a contract between a private party and a political subdivision, there is a compelling reason to support application of the doctrine [of public policy]."

This additional ruling exposing CPS to the loss of millions of dollars in funding from the Ohio School Facilities Commission (OSFC), which requires that school districts follow all state rules related to charter schools. The fate of this funding is still in dispute, in a second case brought by the 1851 Center and the Ohio Coalition for Quality Education, still pending before Judge Ruehlman.

All briefs in the case can be viewed here.

Oral Arguments from the case can be viewed here.

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Quote of the Day - teaching unionism

From EAGnews.org comes little gem courtesy of Milwaukee Teachers Education Association President Bob Peterson:

“If teacher unions want to be strong and well supported, it is essential that they not only be teacher unionists, but teachers of unionism. We need to create a generation of students who support teachers and the movement for workers rights, oppressed peoples’ rights. That’s our responsibility.”

And they say there's no indoctrination in public schools.

Teachers should be outraged at being co-opted by their union to be a political tool rather than the instructors and educators they desire to be.

Bell vetoes amended domestic partner benefits legislation

He said he would and he did. Here is the press release. I'll have more on this tomorrow.

Mayor issues veto of amended legislation

Council changes violate City Charter, separation of powers


Toledo Mayor Michael P. Bell today invoked the executive power of legislative veto on Amended Ordinance 226-12.

As introduced by the Bell administration, the legislation would have provided health, hospitalization, dental and vision benefits to the domestic partners of employees in the City’s health care plan. Regrettably, the amended legislation passed by council violates Toledo’s City Charter, obscuring the separation of executive and legislative powers by requiring the Mayor to reopen contract negotiations with a bargaining unit unaffected by the legislation.

Council has no authority under Toledo’s Charter or the Ohio Revised Code to negotiate or require the Mayor to negotiate contracts, as they are powers of administrative management delegated to the executive branch of government.

Before the legislation was passed at Tuesday’s meeting of Council, members were expressly advised by the City’s Director of Law that the proposed amendment was a violation of Charter Section 30. The legal opinion was ultimately disregarded and the legislation amended, resulting in policy that was impossible to enforce within the confines of the law.

The Mayor will reintroduce legislation to provide health, hospitalization, dental and vision benefits to the domestic partners of employees in the City’s health care plan at the June 12, 2012 agenda review meeting.

A copy of the memo and vetoed legislation transmitted to council are attached to this release.

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To read his six-page veto, go here.

In honor of D-Day

From Army.mil:

June 6, 1944, 160,000 Allied troops landed along a 50-mile stretch of heavily-fortified French coastline to fight Nazi Germany on the beaches of Normandy, France. General Dwight D. Eisenhower called the operation a crusade in which “we will accept nothing less than full victory.” More than 5,000 Ships and 13,000 aircraft supported the D-Day invasion, and by day’s end on June 6, the Allies gained a foot- hold in Normandy. The D-Day cost was high -more than 9,000 Allied Soldiers were killed or wounded -- but more than 100,000 Soldiers began the march across Europe to defeat Hitler.
...

Gen. Eisenhower's message prior to the invasion:

Soldiers, Sailors and Airmen of the Allied Expeditionary Force! You are about to embark upon a great crusade, toward which we have striven these many months. The eyes of the world are upon you. The hopes and prayers of liberty loving people everywhere march with you. In company with our brave Allies and brothers in arms on other fronts, you will bring about the destruction of the German war machine, the elimination of Nazi tyranny over the oppressed peoples of Europe, and security for ourselves in a free world.

Your task will not be an easy one. Your enemy is well trained, well equipped and battle hardened, he will fight savagely.

But this is the year 1944! Much has happened since the Nazi triumphs of 1940-41. The United Nations have inflicted upon the Germans great defeats, in open battle, man to man. Our air offensive has seriously reduced their strength in the air and their capacity to wage war on the ground. Our home fronts have given us an overwhelming superiority in weapons and munitions of war, and placed at our disposal great reserves of trained fighting men. The tide has turned! The free men of the world are marching together to victory!

I have full confidence in your courage, devotion to duty and skill in battle. We will accept nothing less than full victory!

Good Luck! And let us all beseech the blessings of Almighty God upon this great and noble undertaking.

Thank you!

EPA Administrator: Obama Coal Rules will Kill Industry

Press Release from the Ohio Coal Association:

MEDIA STATEMENT: Ohio Coal President Mike Carey

‘EPA Administrator: Obama Coal Rules will Kill Industry’

Columbus, Ohio – In video footage released by Oklahoma Republican Sen. James Inhofe yesterday evening, Environmental Protection Agency Administrator Curt Spalding said the Obama administrations air regulations will kill the coal industry.

“This video is powerful. It explicitly shows the level of understanding of senior EPA officials that President Obama is trying to vanquish an entire industry,” said Ohio Coal Association President Mike Carey.

The footage was filmed at Yale University at “Beyond Pesticides’ 30thNational Pesticide Forum” held March 30-31, 2012.

Mr. Spalding, a Region 1 EPA Administrator said:

“Lisa Jackson has put forth a very powerful message to the country. Just two days ago, the decision on greenhouse gas performance standard and saying basically gas plants are the performance standard which means if you want to build a coal plant you got a big problem. That was a huge decision.”

“You can’t imagine how tough that was,” Spalding continued.“Because you got to remember if you go to West Virginia, Pennsylvania, and all those places, you have coal communities who depend on coal. And to say that we just think those communities should just go away, we can’t do that. But she had to do what the law and policy suggested. And it’s painful. It’s painful every step of the way.”

Watch the video



“Coal provides nearly 86 percent of our electricity in Ohio with reserves lasting an estimated 250 years. Destroying our industry, as planned by President Obama, would decimate Ohio because our economy relies on an affordable and abundant supply of electricity to power economic sectors like manufacturing,” said Carey.

The Obama administration’s new air standards would prematurely force the retirement of more than 140 coal-fired electricity generating units from 19 states by 2015. Senator Inhofe is sponsoring a resolution (S.J. Resolution 37) that would disprove the EPA’s new standards.

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Why do we continue to ignore the facts?

They always promise that public dollars spent on stadiums and sports teams will result in job growth, increased spending by attendees, drawing people from outside the community and increased tax revenues. But the promises are are empty, as has been demonstrated time and again by numerous economic studies of similar deals.

Please take the time to read this article by Ilya Shapiro, "Politicians and Team Owners Snooker Sports Fans and Taxpayers,"

Here's a summary of some of the point - and it mirrors what I've said all along:

•Dennis Coates and Brad Humphreys performed an exhaustive study of sports franchises in 37 cities between 1969 and 1996 and found no measurable impact on per-capita income.

•The only statistically significant effects were negative ones because revenue gains were overshadowed by opportunity costs.

•An older study looked at 12 stadium areas between 1958 and 1987 and found that professional sports don't drive economic growth.

•A shorter-term study looked at job growth in 46 cities from 1990 to 1994 and found that cities with major league teams grew more slowly.

•Stanford economist Roger Noll has noted that the majority of attending fans come from within a 20-mile radius, such that money they spend would otherwise have gone to another form of local entertainment or recreation.

Dem Ohio Senators call for fair pay while ignoring unfair pay in their own party

You can file this under "hypocrisy in governemt" ...

Sen. Charleta Tavares (D-Columbus) and Sen. Nina Turner (D-Cleveland) on Monday called on the U.S. Senate to pass legislation that seeks to equalize pay between men and women.

These state senators want the Paycheck Fairness Act, otherwise known as the No Privacy in my Paycheck Act, to be passed. It's primary impact would be to make it easier for women to sue their employers for wage disparity, even though the causes of such alleged wage disparity have little to do with discrimination.

Christina Hoff Sommers, a resident fellow at the American Enterprise Institute, says the statistics on pay equity are politicized and do not consider all factors.

“An analysis of more than 50 peer-reviewed papers, commissioned by the Labor Department, found that the so-called wage gap is mostly, and perhaps entirely, an artifact of the different choices men and women make -- different fields of study, different professions, different balances between home and work,” Sommers wrote.

“A core provision would encourage class-action lawsuits and force defendants to settle under threat of uncapped punitive damages,” said Sommers. “Employers would be liable not only for intentional discrimination (banned long ago) but for the ‘lingering effects of past discrimination.’ What does that mean? Employers have no idea.”

But that's not the worst of it.

Senate Democrats who are pushing this bill actually pay their female staffers less than they pay their male staffers.

I guess it's true that all animals are equal but some are more equal than others.

No - I'm not making this up. The Washington Free Beacon has the details:

A group of Democratic female senators on Wednesday declared war on the so-called “gender pay gap,” urging their colleagues to pass the aptly named Paycheck Fairness Act when Congress returns from recess next month. However, a substantial gender pay gap exists in their own offices, a Washington Free Beacon analysis of Senate salary data reveals.

Of the five senators who participated in Wednesday’s press conference—Barbara Mikulski (D., Md.), Patty Murray (D., Wash.), Debbie Stabenow (D., Mich.), Dianne Feinstein (D., Calif.) and Barbara Boxer (D., Calif.)—three pay their female staff members significantly less than male staffers.

Murray, who has repeatedly accused Republicans of waging a “war a women,” is one of the worst offenders. Female members of Murray’s staff made about $21,000 less per year than male staffers in 2011, a difference of 35.2 percent.

That is well above the 23 percent gap that Democrats claim exists between male and female workers nationwide. The figure is based on a 2010 U.S. Census Bureau report, and is technically accurate. However, as CNN’s Lisa Sylvester has reported, when factors such as area of employment, hours of work, and time in the workplace are taken into account, the gap shrinks to about 5 percent.

A significant “gender gap” exists in Feinstein’s office, where women also made about $21,000 less than men in 2011, but the percentage difference—41 percent—was even higher than Murray’s.

Boxer’s female staffers made about $5,000 less, a difference of 7.3 percent.

You really need to read the entire article to see just how bad some of the discrepancies are, and then you'll realize the extreme hypocrisy that is being shown by the Democrats. How much do you want to bet that their proposed bill won't apply to Congress?

And they have the unmitigated gall to talk about a so-called Republican 'war on women.'

But back to Ohio and Senators Tavares and Turner.

"I applaud President Obama for standing up for equal pay for equal work. In 2012, it is unconscionable that a pay gap between women and men persists." ~ Sen. Turner

"We have pay discrimination against women which impacts their quality of life and that of their families. This in turn negatively impacts our economy." ~ Sen. Tavares

Really? So you think your fellow Democrats in the Senate are unconscionable and hurting the economy? I'm certain others will agree with that, but it's not what they mean, though it is the only logical conclusion.

Tavares, Turner and the rest of the Democrats should fix their own pay discrimination first and forget about aiding the trial lawyers lobby for an election-year stunt.

Anything less is "unconscionable."

Sarah Palin to headline RightOnLine

Numerous times I've been at events where Sarah Palin was scheduled to speak, but schedules and timing of flights, etc.. kept me from actually hearing her. So when I got the following press release for her appearance at RightOnLine, I was really excited because I'm finally going to be able to hear her in person. That she is introducing Andrew Breitbart's new film "Occupy Unmasked" is just a bonus.

Americans For Prosperity Foundation is really good about making sure the speakers make it around to bloggers row, in addition to the print, tv and radio media, so I may actually get a chance to talk to her directly. I've always been impressed with her sincerity when I've seen her interviews, so this will be an opportunity to see that in person.

Check out the RightOnLine website and see if you, too, can join one of the largest gatherings of conservative activitist in the nation.

Press Release:

SARAH PALIN TO HEADLINE RIGHTONLINE!

Governor to participate in 'Tribute to Andrew Breitbart' and introduce new film "Occupy Unmasked"

LAS VEGAS, NV - Today Americans for Prosperity Foundation announced former Alaska Governor Sarah Palin as a headline speaker at the fifth annual RightOnline Conference (http://www.rightonline.com/). RightOnline, held in Las Vegas on June 15 & 16, is the premier conference for bloggers and online activists to network while learning new tactics and strategies for effective advocacy online.

AFP Foundation President Tim Phillips said, "Sarah Palin is an expert at harnessing social media technology and tactics to shape the narrative. Few others have demonstrated Palin’s prowess at breaking the rules of the Old Guard Media. We’re thrilled to have her join us at RightOnline, which already features some of the most influential figures and publishers of online news in the country.”

Governor Palin will participate in Friday evening's 'Tribute to Andrew Breitbart' by the Breitbart News team and will introduce Citizen United's new film "Occupy Unmasked" written/directed by Stephen K. Bannon and featuring Andrew Breitbart.

Palin is the latest to join an already impressive lineup of new media gurus that includes pollster Scott Rasmussen, author Jonah Goldberg, FOX News contributor Michelle Malkin, Breitbart News editor Dana Loesch, and many more. For the fifth year in a row, RightOnline is the can't-miss event for liberty-loving bloggers and citizen journalists who want to take their online activism to the next level.

To learn about the other speakers at RightOnline and for frequent updates, visit www.RightOnLine.com. Join the conversation on Twitter with hashtag #RO12.

***
Americans for Prosperity Foundation (AFPF) is a nationwide organization of citizen-leaders committed to advancing every individual’s right to economic freedom and opportunity. AFPF believes reducing the size and intrusiveness of government is the best way to promote individual productivity and prosperity for all Americans. AFPF educates and engages citizens to support restraining state and federal government growth and returning government to its constitutional limits. AFPF is more than 1.9 million activists strong, with activists in all 50 states. AFPF has 34 state chapters and affiliates. More than 90, 000 Americans in all 50 states have made a financial contribution to AFP or AFP Foundation. For more information, visit http://www.americansforprosperityfoundation.com/. Americans for Prosperity does not support or oppose candidates for public office.

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TPS should not solicit levy campaign contributions inside the schools

I've been going over the 2010 campaign finance reports for the Toledo Public Schools levy committee, listed as the Committee for Schools and the Committee for Schools PAC on the Board of Elections website. They document the fundraising, donations and expenditures for their last levy vote request.

What I found was that the vendors were the largest contributors - even more than unions - and while many of them won't pay the new property tax they're supporting, they want you to pay more.

I also found that some school board members contribute very little - if any - of their own funds to the effort, despite asking others to give them thousands.

But probably the most interesting thing is the listing of fundraising events that appear to be held inside the schools and/or the school board administration building.

There are over 30 entries for various fundraisers identified as "Human Resources Fundraiser," "Treasurers Division Fundraiser," "Computer Services Fundraiser," and "Communication Fundraiser." There is an Ottawa River Fundraiser (elementary school in Point Place), a Woodward High School Fundraiser (North Toledo), and a Bowsher High School Fundraiser (south Toledo). There are also some breakfasts and luncheons listed.

All of these 'fundraisers' are listed under the campaign finance code of 'SA' which means that they sold items and the money was deposited into the campaign coffers.

Together, these fundraisers raised more than $16,500.

What were they selling? Well, according to the finance reports, they purchased T-Shirts, jerseys and umbrellas, some of which include a description of the purpose as being "for Treasurer Division FR."

The campaign purchased items and then sold them.

Ordinarily, this is nothing to be concerned about as campaigns are allowed to purchase and sell items ... except for that pesky little thing known as the law - specifically the Ohio Revised Code (ORC).

In Ohio, it is illegal to solicit public employees for contributions to campaigns - including levy campaigns for your employer - in the place of business.

ORC 3517.092 says:

(D)(1) No public employee shall solicit a contribution from any person while the public employee is performing the public employee’s official duties or in those areas of a public building where official business is transacted or conducted.

(2) No person shall solicit a contribution from any public employee while the public employee is performing the public employee’s official duties or is in those areas of a public building where official business is transacted or conducted.

The finance reports list the location of the fundraisers and they are all in TPS buildings where business is conducted.

So not only is it illegal to solicit a contribution of a public employee in the public building where they work, the employees themselves cannot solicit a contribution while they are in the public building where official business is conducted.

Just to be clear, that would be the TPS administration building and the various schools.

This would seem to be a clear violation, so I called the Ohio Elections Commission and spoke to an attorney on staff who informed me that soliciting the sale of items may or may not be allowable under the law. You see, the law doesn't specifically address whether or not selling items to raise money for a levy campaign constitutes 'solicitation.'

As far as I could tell, these sales - which TPS clearly identifies as fundraisers - happen only inside the public buildings where official business is transacted or conducted. It is my understanding that the items for sale are offered only to employees - not to the general public. Finally, the money raised through the sale of the items is a direct contribution to the levy campaign.

If this is not 'solicitation' in violation of the ORC, it should be.

Not having seen the inside of the various departments to know how they are conducting these sales and if they clearly advertise the sale as benefiting the levy campaign, I have no idea if the public employees (teachers, administrators, other school staff) are aware of the fact that they are supporting the levy campaign with their purchase.

If it not clearly identified, it would seem to be a bit deceptive on TPS's part. If it is clearly identified as being for the levy system, then it is a solicitation, even if it's just an advertised option for the public employees to participate in at their own choosing.

TPS couldn't put a jar on a table and put a sign over it that says "contribute to the levy campaign" so why would it be okay to put umbrellas or t-shirts on a table and say "buy one to support the levy campaign"?

I believe it is a violation of the spirit of the law, it not the letter, and it should cease.