HorsesAss.Org

Just dumb:

OLYMPIA – A judge fined a wheelchair-bound Olympia man $4,000 Wednesday for growing 42 marijuana plants in his home, but he imposed no jail time.

A jury convicted William Kurtz, 58, in October of felony counts of possession of marijuana over 40 grams and manufacture of marijuana. He has no prior felony criminal history and uses the wheelchair because of a medical condition.

Before trial, Kurtz’s attorneys fought to be allowed to present a medicinal-marijuana defense to the jury, but Thurston County Superior Court Judge Carol Murphy did not allow it. Prosecutor Scott Jackson argued that Kurtz did not have a medicinal-marijuana card in March, when Thurston County Narcotics Task Force detectives found the plants, as well as more than 15 ounces of packaged marijuana, in his home in the 11800 block of Champion Drive Southwest.

…

At trial, Hiatt tried to introduce to the jury a letter from Kurtz’s doctor that describes Kurtz’s “hereditary spastic paraplegia” and his medical benefit from using marijuana.

The letter from the Olympia physician, Peter Taylor, was not allowed as evidence. It reads it part that Kurtz “has had progressive loss of function related to this familial neurologic condition which has left him wheelchair-bound and with severe tremors. Unfortunately, there is no treatment to prevent or cure this condition, and we are left to manage his symptoms, including chronic daily pain which is severe.”

Kurtz’s avoidance of jail time was the only silver lining in this mess. One Olympia-based medical marijuana activist I spoke to a few weeks back was fearing for Kurtz’s life if he were to be sent to jail.

Prosecutors really need to exercise better discretion on who we put through the criminal justice system. If Kurtz was caught selling his marijuana, that’s one thing, but he was quite obviously a medical marijuana patient. The proper course of action should have been to confiscate whatever plants were over the state limit and to give him a window of time to get a doctor’s authorization. Let’s reserve the court system for actual criminals.

Yeah, I know, it took me a couple days to get to it, but just when I thought the Seattle Times editorial board couldn’t get any more condescending, of course, they do:

THE rage about body scanners and aggressive pat-downs at airport security has reached a feverish pitch — an absurd one. All it would take is one underpants bomber with explosives buried in his clothing to remind travelers how dicey this situation can be.

Um… a dicey situation for the “underpants bomber” no doubt, who, if memory serves me, succeeded in little more than lighting his own dick on fire. But the real absurdity here is the notion that this single, clumsy, failed crotch-bombing attempt is reason enough to spend $2.4 billion of taxpayer money to treat me and my 13-year-old daughter like criminals, every time we choose to fly.

So perhaps the Times’ editors can explain to me why their lede shouldn’t be dismissed as mere alarmist, fear-mongering bullshit… and lazy, alarmist, fear-mongering bullshit at that?

Recent introduction of body scanners at 69 airports throughout the country — and more thorough pat-downs for those who decline being scanned — are a necessary inconvenience.

Oh, I see… it’s a “necessary inconvenience.”

“Inconvenience,” of course, in this context being the soft-fascist way of describing the forced surrender of our Constitutional right against “unreasonable searches” without “probable cause.” And this exception to the Fourth Amendment is apparently “necessary,” the authoritarian apologists at the Times tell us, because… well… I suppose that brings us back to the crotch-bomber again.

See, forget for a moment that what the crotch-bombing attempt really represented was a massive intelligence failure… that Umar Farouk Abdulmutallab’s own father had gone to the US embassy in Nigeria to warn officials of his son’s worrisome activities, that the National Security Agency had picked up intelligence that Al Qaeda in Yemen planned to use a Nigerian in an attack on the US, and that the NSA had actually intercepted communications between Abdulmutallab himself, and a phone used by Yemen-based radical cleric Anwar al-Awlaki… and yet Abdulmutallab still wasn’t marked for extra security screening, even after suspiciously buying a ticket with cash, and checking no luggage on an international flight. And while we’re at it, let’s just totally ignore the fact that even if the TSA’s newly invasive pat-down procedures had been in place at the time, they still wouldn’t have caught Abdulmutallab, because his flight originated in Amsterdam, and thus he never even saw a TSA security line.

No, according to the Times, it’s not improved intelligence that’s needed, or TSA officers trained like their Israeli counterparts to discern the real risks from the frivolous (for example, a cash-paying, baggage-less Nigerian with known terrorist connections, vs., you know, some random 13-year-old girl). Rather, the only way to possibly deter another attempted crotch-bombing, we’re told, is $2.4 billion worth of porno scanners and invasive, junk-grabbing pat-down procedures that were they to occur in the classroom, would amount to sexual assault.

As if the risk of, say, lighting your own dick on fire isn’t deterrence enough. I mean, what’s a martyr to do with 72 virgins, and a burnt off dick?

But the Times goes even further. For not only do they urge us to surrender our civil liberties for the sake of security theater, they actually abuse and belittle those of us who dare to complain about it.

Other travelers, for now, should steer clear of ridiculous opt-out protests and endure security procedures currently in place. A shortsighted protest whereby travelers refuse the scanners on Wednesday, one the busiest days of the year? Who invents such nonsense?

A busy holiday weekend is not a reasonable time to express personal exasperation with the only security program in place. Adjustments will come but you have to be a pretty miserable traveler to wish ill of those working to protect passengers.

So… um… when exactly would the Times propose we stage our protest? During the wee hours of an off-peak travel day? At the TSA’s pleasure? Or maybe we should just limit our efforts to indignant tweets and polite, if pointed, letters to the editor… you know… if that’s not too inconvenient? I mean, do the Times’ editors have any fucking idea of how a protest actually works?

Or perhaps we should just be banned from voicing our disagreement altogether, considering how many innocent lives the porno-scanners have already saved…?

TSA spokesman Dwayne Baird says since the scanners began arriving last March, security officials have found 130 prohibited items artfully concealed under clothing. Aren’t you glad that stuff wasn’t on your latest airplane trip?

What sort of prohibited items? Guns? Knives? Explosives? Live tigers? Or are we just talking about nail clippers, pocket knives, (gasp) bottled water and the other prohibited items that travelers sometimes not so much “artfully conceal,” as forget they’re carrying? Weren’t items like these routinely carried onto plans without incident before the scanners were installed, and dontcha think if the scanners had foiled 130 terrorist attacks since March—as the Times’ wording artfully implies—we might’ve heard something about it before now?

So no, I couldn’t really give a shit whether a fellow passenger managed to sneak aboard one of those notoriously dangerous souvenir snow globes. And no, these new procedures don’t make me feel any safer.

TSA is constantly evaluating and updating screening procedures to stay ahead of evolving threats.

Yeah, like the way they secured cockpit doors after 9/11. And the way they started inspecting shoes after the attempted shoe bombing. And the way they banned liquids and gels after the alleged liquid bombing plot. And the way they started feeling up 13-year-olds after the attempted crotch bombing.

Hey… great job of staying ahead of evolving threats, TSA!

The goal is to employ state-of-the-art procedures to protect the flying public. Passengers who cannot handle these methods are not forced by anyone to travel. They should opt out, all right … of flying.

You know, in the same way that African Americans have the option of not driving through white neighborhoods if they “cannot handle” being stopped for a DWB, or Latino Americans have the option of not driving through Arizona, if they “cannot handle” being arrested for failing to carry their papers.

Don’t like it? Don’t fly, the Times arrogantly suggests. And whatever you do, don’t you dare inconvenience us. To which, the only reasonable, measured response is: fuck you.

And you know what? Nobody’s forcing the Times’ editors to travel either, so if they “cannot handle” people like me exercising our right to protest yet one more post-9/11 indignity, then perhaps it is they who should shut the fuck up and opt out of flying? Yeah, I know, if too many of us refuse the scanners and choose the pat-down, it will only slow down the security lines for everyone else… but for those of us who truly love the Constitution, well, I guess that’s what we might call a necessary inconvenience.

Indeed, I’d go so far as to say that the greater threat to our nation and our way of life is not Abdulmutallab or al-Awlaki or even Osama bin Laden, but rather the quaggy, condescending cowards like those at the Seattle Times who would eagerly surrender the very rights that define America in the name of defending it. And for what? An infinitesimal reduction in our already infinitesimally small chance of being victims of a terrorist attack?

To put this issue in perspective, even if a 9/11 sized attack were to occur on American soil every year, one’s risk of being a victim would still be about 15 times less than being killed in a motor vehicle accident. But of course, history tells us that these—or any—sort of terrorist attacks haven’t occurred every year, or every decade, or even every half-century, suggesting that our actual lifetime risk of being killed by terrorists—less than one in 60,000—lies somewhere between being stung to death by bees, and being struck by lightning.

So tell me, how exactly do these slim odds, combined with a single, failed crotch-bombing attempt, make a virtual strip search or invasive pat-down of my daughter necessary? How much liberty and dignity should we be compelled to yield in order to calm the hyperbolic fears of the caterwauling old cranks at the Times?

I mean, where does it stop?

One would-be terrorist clumsily manages to light his dick on fire on board an international flight, and America responds by suspending the Fourth Amendment and spending $2.4 billion on unproven scanners with unknown health effects. So with this precedent, what happens when, say, the next terrorist succeeds in smuggling explosives onboard by shoving them up his ass? Is the Times ready to run the headline: “Anal cavity searches a necessary inconvenience,” while smugly dissing those of us who object? Are we really prepared to become a nation that denies tens of millions of its citizens access to X-ray scans and colonoscopies at the doctors office, while spending billions of dollars to enforce these same procedures at the airport?

Al Qaeda may yet bring down another airplane or two, and nobody is arguing that we shouldn’t remain vigilant. The threat of terrorist attack does indeed present a real risk to air travelers—as real, if statistically less likely a risk, as pilot error, act of nature or mechanical failure. But no amount of vigilance can eliminate this risk entirely.

So the question is, where do we draw the line? At what point, we must ask ourselves, does the cost in blood, treasure, dignity and personal freedom exceed the marginal return in increased security? And while reasonable people might disagree on the answer, it is far from “absurd,” “ridiculous” or “shortsighted” to suggest that this line has already been crossed.

Almost there…

The 2010 election vote tally is finally over in Washington state. Yesterday was the deadline for counties to certify results. So there is a bit of unfinished blogging business.

Throughout the election season, I posted analyses of just about all the polls in the race between Sen. Patty Murray (D-WA) and Washington’s highest profile real estate salesperson, Dino Rossi (R). There were some ups and downs in the poll, but mostly ups for Murray and downs for Rossi. Our would-be Senator from Wingnutopia only led in three of the fifteen polls taken after the first of October:

We saw countless examples of a breathless media describing a close finish based on flip-flopping polls, and apparently ignoring that Murray led in eleven of the last fifteen polls that included one tie. How close was it in the end?

Murray took 52.36% of the vote and Rossi took 47.64%. That is, Murray won by a sizable +4.72%. That’s nearly five percent.

I find good news and bad in this final result. After analyzing the last poll in the race, I wrote:

Make of it what you will. The polls say it is a tie or a very small Murray victory. So what do I think will really happen tomorrow? First, let me state that I obviously want Murray to win. Even so, in my professional life, I am a scientist, and evidence is exceedingly important to me, even if it goes against my desires or pet theories. So here goes….

As I outlined at the end of this post there is a discrepancy between live interview polls and robopolls in the Washington Senate race that has also been seen nationally. I offered an explanation (i.e. a theory) as to why the discrepancy exists. It all leads me to believe that robopolls are systematically underestimating Murray’s performance in this race. If the theory is correct, I expect Murray to come away with about a +5% advantage over Rossi after all the votes are counted. But I concede that tomorrow night, reality will confront theory.

Reality always wins.

The good news for me (I guess) is that I freakin’ nailed it! (Suck on that, Mr. Cynical!)

The bad new (and being a little more serious) is that polling cannot continue to be practiced as it has been done. While it may have been an enthusiasm gap problem that caused many robopolls to underestimate Murray’s performance earlier in the race, right near the end that pattern was a little less strong. Robopoll and some live interview polls underestimated Murray’s performance.

Interestingly, the Washington Poll was the most accurate of the late polls, predicting +4% for Murray. After that it was FOX News (+2), Marist (+1), SurveyUSA (tied), Rasmussen (-1) and Public Policy Polling (-2). (Elway and CNN/Time/OR did their last polls three weeks out and got +8 and +13, but we have no gold standard that far out—i.e. an election—as a three to eight point decline in three weeks cannot be ruled out.)

So what was it? The other possibility causing polls to lowball Murray’s lead was “the cell phone problem.” The problem has been discussed for years, but it didn’t really seem to materialize in 2008. It did in 2010 according to a new Pew study:

The number of Americans who rely solely or mostly on a cell phone has been growing for several years, posing an increasing likelihood that public opinion polls conducted only by landline telephone will be biased. A new analysis of Pew Research Center pre-election surveys conducted this year finds that support for Republican candidates was significantly higher in samples based only on landlines than in dual frame samples that combined landline and cell phone interviews. The difference in the margin among likely voters this year is about twice as large as in 2008.

Across three Pew Research polls conducted in fall 2010 […] the GOP held a lead that was on average 5.1 percentage points larger in the landline sample than in the combined landline and cell phone sample.

The bottom line: the cell phone problem can no longer be ignored.

(Cross posted at Hominid Views.)

Busy with stuff, so talk amongst yourselves.

It is freakin’ cold out there…even for this Midwest boy. So dig out your parka and grab your boots and mittens. It’s time for an evening of politics under the influence at the Seattle chapter of Drinking Liberally. We meet at the Montlake Ale House, 2307 24th Avenue E. beginning at about 8:00 pm. Stop by earlier for dinner.

Not in Seattle? There is a good chance you live near one of the 243 other chapters of Drinking Liberally.

While Goldy enjoys a warmish day on the East Coast, it’s freezing here. I’ve heard some horror stories about the commute last night, but in general, this isn’t as bad as 2 years ago. Given how much of a surprise it was that it was as bad as it was, the response was pretty good overall.

I took my bike most of the way into work before my boss called and said not to come in. Most of the roads seemed well plowed this morning, and it was more slush than snow. Light rail is still going fine. If 2 years ago was snowpocalypse, then this year is more snowpoc-eh-lypse.

Hey King County Police Officers Guild… if you thought the law and order types on the Seattle Times editorial board would choose public safety over union bashing, well, think again:

With all due respect to the men and women who put their lives on the line to protect residents, union leaders behaved in a shortsighted manner. There is apparently a last hope that if deputies come forward in the next few weeks to forgo the 2011 pay raise, some positions could be saved.

Um, as I told Reagan Dunn… what the fuck did you expect?

Yeah sure, you may put your lives on the line for us and all that, you know… when you’re out on the streets. But once you’re sitting around the negotiating table, you’re just another dirty, public employee union in the eyes of the anti-tax crowd. And as anybody who has read the Seattle Times op/ed pages—and nothing else—knows, it’s the public employee unions who are the real cause of our current budget crisis. (Declining revenues and a tax base that’s steadily shrinking as a percentage of the economy apparently have nothing to do with it.)

The irony of course is that police unions are just about the only public employee unions to reliably endorse Republicans and their anti-tax agenda. I guess ye really do reap what ye sow.

While my daughter and I were spared the indignity of the choosing between the porno-scanners and a TSA groping yesterday morning, according to the comment threads on Slog, other Sea-Tac travellers were not so lucky. Which got me thinking: if safety is really the overriding concern, are the feds bothering to inspect the airplanes as closely as the crotches of passengers?

Well… apparently not, at least judging from my casual inspection of the ubiquitous “tamper seals” on the access panel behind the toilet in the airplane lavatory. It’s hard to see from the photos, but both tamper seals had be plied from the top panel, and were hanging a fraction of an inch in the air.

I’ve seen this before, and I’ve always wondered about the purpose. I don’t know if there’s a regulation, but since all airplane lavatories seem to have these tamper seals across the back panel, I assume there must be some concern about tampering, right? And yet, I routinely find these seals unsealed.

Huh.

Of course, I’ve had other unpleasant experiences with airplane lavatories, like the the time I flew cross country with all of them leaking sweet-smelling, bluish effluent into the aisles. Which brings me to my main point: statistically, by far the largest danger to passengers comes not from crotch or shoe bombers, but from shoddy maintenance. And as I wrote at the time…

If this is the sort of stunning lack of pride the airlines now show in the most visible sections of their aircraft, how can we trust them to maintain the parts we can’t see?

And then of course there are the regional commuter airlines and their poorly-trained/underpaid/overworked pilots, like those responsible for the Continental Connection flight that crashed last year outside Buffalo NY, killing all 49 people onboard, and one on the ground.

But no, the only way to make us safer is to grab my thirteen-year-old daughter’s crotch. Or so the angry trolls keep telling me.

Last week’s contest was won by Liberal Scientist. It was the futuristic house from the movie Sleeper, located just west of Denver along I-70. It was sold at a foreclosure auction last week.

From now on the third Sunday of every month will be specific to Washington, so this week’s photo is a random location somewhere in this state, good luck!

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.