Goldy

My daughter and I just went through security at Sea-Tac airport, and are relieved to report that while the backscatter scanners have been installed at the A gate, they were not being used. No unwarranted violation of our Fourth Amendment rights, no drama.

So, sorry trolls… I’ve once again managed to make it on to a flight without being cavity searched or shipped off to Gitmo (which I suppose, must be a surprise to folks like the Orb, who think I’m such a danger). Maybe next time.

Deuteronomy 22:23-24
If a man happens to meet in a town a virgin pledged to be married and he sleeps with her, you shall take both of them to the gate of that town and stone them to death—the young woman because she was in a town and did not scream for help, and the man because he violated another man’s wife. You must purge the evil from among you.

Discuss.

If the state Transportation Commission approves new tolls for the 520 floating bridge or any other roadway, in flagrant violation of I-1053’s supermajority requirement on raising taxes and fees, and initiative profiteer Tim Eyman doesn’t sue to uphold the letter and spirit of his recently passed measure… well, I will.

Because honestly, this might just be our best shot ever at forcing the state Supreme Court to finally rule on the constitutionality of this clearly unconstitutional provision.

It’s not like others haven’t attempted to challenge the constitutionality of previous two-thirds measures, but the popularly elected members of the Supreme Court have so far managed to avoid invalidating a popularly approved initiative by ruling that the issue simply wasn’t ripe, or that the plaintiffs did not have the standing to bring suit. And since the absence of a tax for fee increase at best raises a hypothetical harm, how does one sue over something lawmakers haven’t done? At least, that has been our Court’s cowardly approach thus far.

And since multiple legislatures and governors have never had the balls to affirmatively violate the two-thirds provision, we’ve never had the opportunity to put its constitutionality to the test.

But if the appointed members of the Transportation Commission were to simply ignore Eyman’s objections, and impose tolls on the 520 bridge and/or other structures without legislative approval, there’s your test case, for once I’m forced to pay this toll, well, I obviously enjoy standing as a “harmed” party, and the issue instantly becomes ripe.

Of course, the Supremes might still try to wiggle out of the underlying constitutional issue by somehow ruling that the Commission’s toll-setting authority falls outside the restrictions imposed by I-1053—get a bunch of clever lawyers in a room together, and anything can happen—but, well, you take the opportunities that come your way. And Eyman’s arrogant bluster over this issue is an opportunity his opponents would be stupid to ignore.

Reagan Dunn gets a Schrammie, and I couldn’t have said it better myself.

If there’s any lesson to learn from Washington state’s bucking of the Big Red Tide, it’s that a strong ground game may not be sexy, but it still can win, even in the face of overwhelming odds. And so while few journalists pay much attention to what goes on at the local party level, it’s a helluva lot more important than you might think.

That’s why next month’s election of a new King County Democratic Party chair is ultimately so important. And while I don’t generally like to get involved in intra-party politics, I would be remiss if I didn’t at least say a few words in support of one of the candidates, Steve Zemke.

I’ve long described myself as an “accidental activist” having stumbled onto the local political scene with my satirical initiative to proclaim Tim Eyman a horse’s ass, and it wouldn’t be an exaggeration to say that I knew absolutely nothing about how local politics worked, and had absolutely no connections to the players involved. But Steve did, and so I was very fortunate to have him take me under his wing almost from the start, and serve as a kinda tutor, if not a mentor, during my first couple years of activism.

It was Steve who explained to me how initiatives worked (and how they didn’t), and who first took me down to Olympia to lobby and finagle and implore elected officials and their staff. It was with Steve who I somehow found myself in a conference room in the Fall of 2003, sitting across the table from Frank Chopp and Jim McIntyre… totally oblivious to how remarkable it was for him to have managed to secure us an hour to talk tax restructuring with the Speaker of the House and the Chair of the Finance Committee. And remember… this was before I started blogging… when I was just some crackpot with a joke initiative.

Steve simply knows how things work, knows how to get things done, and sometimes seems to know absolutely everybody in Washington state Democratic political circles. And on the local level, where the ground game is so damn important, I can’t help but feel that that’s the kind of chair we need leading the county party: somebody who will focus on building infrastructure.

Nothing against Steve’s opponent Karl de Jong; he’s a great guy with great values. But Steve, well, he’s kind of a savant when it comes to organizing and running campaigns. So if I were a Democratic PCO, he’d have my vote.

That said, I couldn’t end this post without saying a big thank you to current chair Suzie Sheary, who is retiring after holding the post, well, forever (“forever” being defined as, since I started paying attention to county politics). She was perhaps the first local Democratic official to recognize the role local bloggers like me could play in promoting a progressive message, and I’ve long counted her as a political ally and friend. You’ll be missed, Suzie.

My daughter and I are flying to Philadelphia on Sunday, and I can promise you that we’re most certainly not allowing ourselves to be herded through Sea-Tac’s new X-ray scanners along with the sheeple.

Or at least, I’m not. My daughter’s thirteen now, so I suppose it’s up to her to choose her own humiliation: the unconstitutional invasion of privacy and unknown health risks of the TSA’s porno-scanners, or the intentionally intrusive new crotch-grabbing indignity of allowing a glorified rent-a-cop to pat her down… or as my daughter aptly describes it, “feel her up.”

And just to be clear, I honestly do believe the TSA’s new pat down procedures to be intentionally intrusive, in that the motivation, at least in part, is clearly to discourage travelers from opting out of the scanners by making the alternative as unpalatable as possible. And if a growing wave of opt-outs do succeed in clogging up security lines throughout the nation, dollars to donuts the TSA will only attempt to up the humiliation ante. Or worse.

That’s why I believe that the only effective means of combatting this latest escalation of the TSA’s security theater of the absurd is to humiliate the TSA agents in return, by making pat downs as uncomfortable and embarrassing for them as they are for us. For while regulations require travelers to comply with lawful requests from TSA agents, there’s nothing that says we can’t have a little fun in the process.

For example, it’s certainly possible you might be extremely ticklish — who’s to say you’re not? — so imagine a TSA agent being forced to conduct an intrusive pat down while you’re writhing and giggling and shrieking with uncontrollable laughter. Or perhaps you bruise easily, or are just extremely sensitive; who’s to blame you for screaming in pain at the slightest white-gloved touch, while loudly pleading with the TSA agent to “for the love of Christ, stop hurting me!”…? Or maybe the attentions of a same-sex agent just, I dunno, turn you on, causing you to moan with pleasure at the pat down as you breathlessly encourage the agent to draw their hands further up your inner thighs, before exploding in a When-Harry-Met-Sally-like fake orgasm.

Or how about wearing an adult diaper through security? And filling it. No law against that.

And then imagine having a compatriot capture the entire scene on video, and posting it to YouTube. Think that might go viral?

I’ve discussed all of these options with my daughter, and while she thinks they’re damn funny, she’s forbade me from doing any of them in her presence, and I suppose as a good father, I’ll have to honor that. But the point is, if we really want to send a message to the TSA, it’s time to fight theater with theater.

Otherwise, if we continue to allow the indignity to remain one sided, we can only expect it to get worse.

It’s sheeple like Joni Balter who make the gradual erosion of our constitutional rights possible.

I spent most of the morning speaking to a couple civics classes at Seattle’s Center School, and knowing nothing else about the school except my interaction with these students, I’d happily send my daughter there.

Perhaps the rest of the students are delinquents, and all the other teachers suck, I dunno, but these two classes at least were great. So don’t let anybody tell you it’s impossible to innovate within the public schools.

I’m speaking to a couple high school civics classes this morning, so expect light posting through much of the day. In the meanwhile, talk amongst yourselves.

The Washington State Supreme Court this morning will hear oral arguments in two cases that could have far reaching impact both within the state and beyond. In Goldmark v. McKenna, the court will consider Public Lands Commissioner Peter Goldmark’s suit to force Attorney General Rob McKenna to represent him in an appeal of a lower court decision, and in Seattle v. McKenna, the court will consider Seattle City Attorney Pete Holmes’ petition to force McKenna to withdraw from the lawsuit challenging the constitutionality of health care reform.

Both cases center on McKenna’s claim to broad, discretionary, extra-statutory powers, and both could serve to dramatically redefine the scope and power of the office. And of course, both cases have been reported here on HA in much greater detail than anywhere else in the press.

So my advice to journalists attempting to cover these complicated legal issues is to take advantage of the work I’ve already done, both here and here on the Goldmark case. Really. I’ve done a lot of the leg work for you, and many of the cases I’ve cited are those that will be cited in court. As for Seattle v. McKenna, I’ve covered that less extensively, but there are useful posts on the issues here and here.

Honestly, I know some folks in the media like to dismiss me as a foul-mouthed, partisan muckraker, but I’ve a helluva track record reporting on legal issues, dating back to my dead-on coverage and analysis of the 2004 gubernatorial election contest. So if you want to understand the legal issues in these cases, you’ll read my posts.

Yesterday, Democratic incumbent state Sen. Randy Gordon was trailing Republican Steve Litzow by 214 votes in LD-41. After today’s tally, that margin is down to 142. Hmm.

On the one hand, there aren’t a lot of ballots left, so you still gotta consider a Gordon victory a long shot. On the other hand, the remaining sample is so small, there’s room for a lot more statistical variation, so it’s far from impossible. But either way, it sure does look like we’re headed into a hand recount.

Speaking of which, still no update from Pierce County, where LD-25 is destined for a hand recount too.

UPDATE:
With zero ballots reported left to count, right-wing, anti-girl-scout nutbag Hans Zeiger leads Rep. Dawn Morrell by 39 votes in LD-25. In-fucking-credible. If this survives the recount, well, welcome to the future of the Washington State Republican Party.

The Washington State Transportation Commission is proposing a variable rate toll on the 520 floating bridge, ranging from $1.10 to $3.50 each way, depending on the time of day… an average rate that, adjusted for inflation, is pretty much in line with the 35 cent toll drivers originally paid when the bridge first opened in 1963.

But initiative profiteer Tim Eyman apparently intends to fight the tolling plan:

Eyman testified Tuesday that the commission lost the power to set toll rates when his I-1053 passed this month. The initiative says all legislative action raising taxes must be approved by two-thirds of the Legislature, and any new or increased fees require majority legislative approval.

Tolling is expected to cover $1.1 billion of the $4.6 billion price tag of the 520 bridge replacement, and with at least a third of the Senate prepared to automatically vote against anything Seattle might want, you can pretty much kiss this and any other revenue proposal goodbye.

So how does Timmy propose financing this and other crucial highway projects? Um… he doesn’t. Which pretty much makes SUV-driving Tim Eyman our state’s most effective anti-roads/anti-car activist.

So move over all you car-hating hippies at the Stranger and Publicola, girdle your pocket-protectors Seattle Transit Blog geeks, and prepare to be eclipsed Cary Moon. Mayor McGinn can and huff and puff all he wants against the Big Bore Tunnel, but if you want something not done, you need to learn a lesson from the guy who knows how not to do things right. And that guy is none other than Tim Eyman: Anti-Roads Hero.

Just like the Seattle Times, I too have budgeting advice for state House Speaker Frank Chopp:

With revenue forecasts showing no sign of recovery, a Republican majority in the US House virtually assuring the cutting off of federal money, and I-1053’s ridiculous requirements back in place, our state budget is now what economists technically refer to as “totally fucked.” So hell yeah, Frank, give the Republicans what they asked for: dismantle the welfare state and finally let Republican voters in rural Washington pay for their own roads, their own healthcare and their own goddamn schools.

Read the whole thing over on Slog.

Two weeks after election day there are still two legislative races that remain too close to call, though the Republican has got the edge in both of them: the 41st LD Senate contest between incumbent Democrat Randy Gordon and faux-moderate Steve Litzow, and the the 25th LD House race between incumbent Democrat Dawn Morrell and proto-fascist hate-talker Hans Zeiger.

After today’s results, Litzow leads by 214 and Zeiger leads by only 36… both within the automatic recount margin. But I’d be pleasantly surprised if either Dem pulls this out.

Oh, and by the way, had the ballot deadline been received by election day instead of postmarked by election day, we still wouldn’t know the final result any sooner.

The state Senate Democratic Caucus just released its recommendations for committee chairs, elevating Seattle Sen. Ed Murray to the top position on the powerful Ways and Means Committee. And according to a statement released through the caucus, this leaves Ed very, very humble.

“I’m humbled to be considered for the role of Ways & Means chair.

I don’t come with any illusions about the challenges facing our state budget. But I believe my experience working across the aisle to write a budget well prepares me for the significant task ahead.”

I dunno, Ed’s never struck me as particularly humble, but he is the kinda a guy who will occasionally show up at Drinking Liberally and argue with dirty bloggers, so I’m cheered by the news.

So congrats Ed. And if you stop by DL tonight and join us for a frosty brew, I’d be happy to tell you how to solve the budget crisis.