Saturday, July 31, 2010

Interesting: does Circuit Court of Appeals even HAVE jurisdiction regarding AZ?

According to this article, a lawyer, based on direct reading of constitution, says that ANY lawsuit involving the state as a party must be filed with the SUPREME COURT, not Court of Appeals.

"Article III, Sec. 2, clause 2 [of US Constitution] says:
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction."

How can Eric Holder, the Attorney General of the US of A, not know this part of the US Constitution?

Enhanced by Zemanta

Friday, July 23, 2010

RANT: when health Gestapos strike

Taco truck on Rainier Avenue, Columbia City, S...Image via Wikipedia
Health Gestapos are everywhere, and in the name of "healthy kids", they set their sights on... taco truck that no student even patronizes.

The story begins with a famous taco truck of San Francisco, the "Tonayense", is parked near a school. The problem with this fact: the truck was there first. Really. The school opened later.

So what's wrong with the taco truck parked near a school? It's actually against city law. Sometime in 2007, San Francisco city council passed a law prohibiting any "mobile food vendors" from selling food within 1500 ft of any school, to complete the "wellness policy" of schools, advocated by a "parents group".

(For comparison, most restraining orders against domestic abuser only require the abuser to stay 500 ft away from the victim)

So why was this policy in place? The advocacy group claims that 1) the mobile food vendors sell unhealthy food 2) it creates two classes of students: those that can afford to dine outside, and those who don't  3) it hurts the school cafeteria by depriving it of income.

The principal of the school in question had NO complaint about the taco truck at all. He eats there almost every day, and he had seen NO STUDENTS AT ALL. Several city papers also staked out the place. No students.

As for the claims... A1) The tacos and burritos and whatnot are no less healthy than any national fast food stores  A2) only seniors in the high school are allowed off campus for lunch, and almost all of them consider the taco truck too expensive  A3) San Francisco school policy for cafeteria is to feed EVERY student that comes through, whether they can pay or not, so cafeteria CANNOT be hurt by students eating elsewhere. It is not in the money earning business any way.

The taco truck was forced to move two blocks, but not before it raised a stink through a series of hearings, and many charges and counter-charges of misrepresentation, lies, and whatnot in public.

Much ado about nothing, I say.
Enhanced by Zemanta

Saturday, July 10, 2010

D*** opportunists; looters in protest rallys

Any time there is some sort of a large protest rally, some opportunists and anarchists have to spoil the cause.

The Mehserle trial in Los Angeles returned an "involuntary manslaughter w/ gun enhancement" guilty verdict. So what happens in Oakland? A peaceful rally starting a 6PM allowed people to get out of downtown Oakland if they want to... And the supports and anarchists and looters to gather about. Once it gets dark (9PM) the mess started.

The threat is from all over. The anarchists are instigating incidents by cheering on and starting attacks on police. Oakland PD exercised considerable restraint when they retreated one block after another at about 7PM to establish perimeter around the area. However, when it's dark, the police are concentrating on the main group, trying to contain them to downtown, and picking up the instigators / anarchists whenever possible. Then the bands of looters started to appear... Groups of 6-10 wearing hooded sweatshirts (known as "hoodies") with the hood up rushed shoe stores, phone stores.. Nothing too expensive to require extensive alarm, but contains something desirable. TV cameras covered a Foot Locker getting looted, and the damn looters are brave enough to rush in EVEN WHEN SURROUNDED BY CAMERAS. One even got his hood up as he ran in.

Volunteers in downtown, armed with just cellphones and their voice, yelled at potential looters, most of whom when on to search for unobserved shops to loot. And other OPD units are on hand chasing down looters.

And the tally says it all: more than half arrested are NOT Oakland residents.
Enhanced by Zemanta