Watership Down

Maricopa Jails Ruled Unconstitutional

American Civil Liberties Union : Judge Calls Maricopa County Jail Conditions Unconstitutional

PHOENIX - A U.S. district court judge today ruled that the grossly inadequate conditions at the Maricopa County Jail, overseen by Maricopa County Sheriff Joe Arpaio, are unconstitutional and jeopardize the health and safety of prisoners.

In a sweeping rebuff of an attempt by Arpaio to terminate a federal consent decree mandating that he maintain conditions at the Maricopa County Jail that meet constitutional minimums, Judge Neil Wake ordered that jail officials ensure that all detainees receive necessary medical and mental health care, that they be given uninterrupted access to all medicines prescribed by correctional medical staff, that they be given access to toilets, sinks, toilet paper and soap and that they be served food that meets or exceeds the U.S. Department of Agriculture's dietary guidelines.

Early Voting

For the first time I voted early, and what a relief.  Now I can help get out the vote, help make sure our votes count on November 4th, or campaign for propositions and not have to worry about getting to the polls on Tuesday.  You can read more or less of how I voted here and here.

More of the same

Campaign slogans can become cliche and incredibly nauseous, but you know it's an inspiring message when the supposedly "conservative" Republicans can't help steal Barack Obama's promise by claiming to be a "successful advocate for change".  Arizona's first congressional district has been represented by Republicans all but one term for the last 55 years, voting for another one after their party ruined our government for 8 years doesn't sound like change but more of the same, just like Sydney Hay's policies.  This is what happens when we don't pay our teachers enough:

            Sydney spent several years teaching elementary and high school students, both in Kansas
            and in Arizona.

            [But lured by lucrative money] Sydney is [now the] President of the Arizona Mining
            Association, the former Chairman of the Board of Governors of the Arizona Department of
            Mines and Mineral Resources and has served for the past thirteen years as Executive
            Director of AMIGOS (Arizona Mining and Industry Get Our Support, a trade association of
            the small to mid-sized businesses that supply Arizona's vital copper mining industry)

Why a 50 state strategy is so important

Well it's election time and all the sudden Republican Sydney Hay, President of  Arizona's Mining Association, regrets being a Republican, pining about being out-fundraised she says:

A few years ago, we lost a lot of donors and supporters because of the way our party was behaving. And rightly so — too many Republicans lost their way and stopped standing for what Republicans should stand for.

With top donors like the National "Pro-Life" Alliance, Peace Through Strength PAC, Independent Petroleum Assn of America, she'd normally be out raising any Democrat, but this year it's different because of the DNC's "Red to Blue" campaign.  With Arizona congressman Republican Rick Renzi being indicted and a disastrous Republican Presidency, Democrats might just win another House seat in Arizona.

Earlier last week in The Noise, I'd read an article written by Mattea Kramer, Gunning for the General Election, about Arizona's First Congressional District contest between Democrat Ann Kirkpatrick, Republican Sydney Hay, and Independent Brent Murphy.  In it I learned that:

Most of [Republican] Ms. Hay's career has been dedicated to Arizona's mining industry.  she has been a registered lobbyist since 1997, and [President of] the Arizona Mining Association represent[ing] a number of companies, including Peabody Energy and ASARCO.  According to the Environmental Protection Agency, ASARCO has been cited with environmental contamination in over 20 states, including the Arizona towns of Hayden and Winkleman...

[Democrat] Ms. Kirkpatrick has raised over $240,000 from [PAC] groups, including numerous labor unions, women's groups, and those of seated representatives, including House speaker Nancy Pelosi.

Ms. Hay's donors include "Right to Life" groups, as well as the National Right to Work PAC, a union busting organization which donated $2,000 to Hay's campaign.  The bulk of Ms. Hay's PAC money, however, came from energy companies, including Exxon Mobile Corporation, CoalPAC, MinePAC, Mid-Continent Oil and Gas, and Hecla Mining Company.

Well that makes my vote this November easy:  Ann Kirkpatrick. Thank goodness for the DCCC's "Red to Blue" program, otherwise the next representative from AZ-01 would already be bought by coal.

More royalties lost for oil

One of Republican Sydney Hay's top donors:

But the Independent Petroleum Association of America, which represents smaller producers, argued that the new incentive would have little value because natural gas prices were already above $5. Ms. Norton set the threshold at $9.34.

Based on administration assumptions about future production and prices, that change could cost the government about $1.9 billion in lost royalties.

Proposition 101: Freedom to Choose Act

"Government Regulations" have been the scapegoat of Republican politics for the last 30 years, and when you govern like Republicans, you can understand why the public has such low regard for our  Republic government.  Proposition 101, like Hank Paulson and his millionaire bank-CEO cronies, prevents more regulations on another powerful and protected industry, medical insurance:

Known by its supporters as Medical Choice for Arizona or the Freedom to Choose Act will be on the November 4, 2008 ballot in Arizona as a citizen-initiated constitutional amendment.

The supporters say their goal is to "prevent socialized medicine or further heavy regulation of medical care and health insurance" in the state. Titled "Arizona - Freedom of Choice in Health Care Act" and advanced by Medical Choice for Arizona, the measure aims to prevent "many of the abuses associated with socialized medicine and restricting its form to either residual welfare or a voucher system."^[1]

And the opposition?

• An Amendment limiting future legislation is dangerous. No one can predict what laws may be needed to improve the health of Arizonans.

• The Amendment will not assure one's freedom to choose a personal physician, but will prevent the state from creating a system assuring everyone access to the care they require.

• Arizonans who now rely on Medicare or Medicaid could lose coverage.
• Passage of a Constitutional Amendment in Arizona would limit legislative options. It will increase the abuses that private practitioners, hospitals, and patients now suffer from private insurance carriers. The industry dictates reimbursement, determines the services patients receive, and dictates who shall be granted or denied access to care.^[2]

• The language of the amendment is ambiguous or "murky" which could lead to the courts having to do the final interpretation on what it means.^[4]

Prop 100: Protect our Homes Act

The more I learn about Proposition 100 the firmer my no vote:

Arizona Proposition 100, known by its supporters as the Protect Our Homes Act, will be on the November 4, 2008 ballot as a citizen-initiated constitutional amendment. If enacted, it amends Article IX of the Arizona Constitution.

The sponsor's statement describes the measure this way: "this Initiative prohibits the government from charging any new tax on the sale or transfer of real property in Arizona. Currently, there are no real property sales or transfer taxes in Arizona. However, the government could enact a real property sale or transfer tax at any time. This Initiative would prohibit the enactment of any new real property sales or transfer tax by a constitutional amendment."

And from the opposition?

• Arizona's current tax system is too reliant on sales tax revenue, which is unstable, regressive, and unnecessarily limits economic growth. ^[7]
• A real-estate transfer tax would raise in the neighborhood of $200 million per year, creating an opportunity to reduce or shift taxes in a manner that would increase economic growth. ^[8]

Sales tax on necessities like groceries, medicine, and (cheaper) clothing is regressive, and with no current tax on property sales and transfers that shifts the tax-burden from those who can afford real-estate to those that cannot.  This ballot initiative will only make it harder to enact progressive taxation.

More on Arizona Propositions

From the comments, here's an excellent opposition page to Proposition 200 and Proposition 105.

Arizona Ballot Initiatives

Eight statewide ballot propositions will be on the November 4, 2008 ballot in Arizona. Six are citizen-initiated propositions, one is a legislative referral placed on the ballot by the Arizona State Legislature and one, a proposal to raise legislative salaries, is a commission referral.

Proposition 100: Protect Our Homes, limits Arizona taxing ability by "blocking the legislature from enacting a[ny new] real estate transfer tax".  Unreasonable taxation stinks, but I trust our elected representatives to know this, and there may be times when our lawmakers need to enact taxation and not wait for a tedious ballot initiative.  I'm not really all that worried though if this initiative passes.  My vote? A soft no.

Proposition 101: Medical Choice for Arizona, perpetuates America's healthcare crisis by supposedly "guaranteeing that Arizonans can choose their own health care".  An act pandering to the peoples' paranoia, but does nothing to improve the quality of or access to Arizona's healthcare system.  My vote? A firm no.

Proposition 102: Marriage Protection Amendment, wastes our time by "amending the constitution to recognize marriage as only between one man and one woman".  My vote?  A "don't you have a real problem to vote on" no.

Proposition 105: Majority Rules, empowers non-voters by requiring "any initiative that imposes additional taxes or spending, in order to pass, would require support from a majority of qualified electors (not just those voting)".  This bill handicaps any grassroots activism by assuming all non-votes are "no".  My vote? Hell no.

Proposition 200: Payday Loan Reform Act, is a "business-sponsored reforms in the payday loan industry".  This is truly a purposely misleading bill, predatory lending is wrong and should be stopped, but I doubt reforms proposed by payday lenders will favor people in need of some quick cash.  Ballot initiatives like this make me appreciate the work our representatives do and how tricky our lawmaking process can be.  My vote? No.

Proposition 201: Homeowners Bill of Rights, "Establishes a minimum 10-year warranty on new homes, mandatory disclosures of financial arrangements and pricing and new rights on fixing home defects and returns of deposits".  I'm torn on this initiative and need to learn more about it.  Spencer Kamps argues against it's passage in our state ballot mail out:

• It prohibits two parties from agreeing to resolve their disputes without going to court and hiring attorneys.
• It forbids the seller of new homes from recovering any attorney's fees even if the case was frivolous or if they win.
• It allows prospective buyers to file lawsuits so you do not even have to own a home to file suit.
• It assures that all disputes, either large or small, go to court raising costs or everyone.
• If these disputes go to court, it assures us that homeowners will wait years until their issue is resolved or their homes get fixed.

Overall I agree with the arguments against Prop 201 and believe it will over-litigate the process of buying a home, making it take longer and more expensive.  My vote? Probably no.

Proposition 202: Stop Illegal Hiring, "increases penalties on cash-based businesses who bypass current laws as well as employees who engage in identity theft to verify employment eligibility". 

Immigration reform is one of those wildly complicated issues that in reality will never conform to the letter of the law.  We are a nation of working immigrants and that must never be forgot, but when illegal workers (and their employer) undercut our hard-fought-for labor rights and livable wages (already almost absent from Arizona) there is a problem.  As of now, I'm voting a tepid yes  because I like how Prop 202 requires a written affidavit and punishes frivolous complaints.

Proposition 300: State Legislator Salaries, "raises legislator salaries from $24,000 to $30,000".  I've lived off of less than $24,000, but it's hard.  I want our legislators to be able to represent me, not special interests, which is less likely with lobbyists offering them vacations they could never otherwise afford.  $30,000 (in addition to excellent health and retirement benefits) guarantees our lawmakers are at least lower-middle class, like those they should represent.  My vote? Yes.

Arizona Democrats in their own words...

District 1, State Senate:

Pat Chancerelle www.azlegdistrict1democrats.org

I AM COMMITTED TO: IT IS TIME FOR A CHANGE. I stand for the safeguarding of our Constitution, Bill of Rights, and State’s Rights for all citizens including those of rural and small town citizens whom I represent. Important regional issues are environmental, water resource, health care availability, affordable quality education, economic, and transportation issues. During my 48 years in Arizona, the last 28 in the quad-city area, for 20 years I taught accounting and computer science at Criterion Committee for the NCA self-study accreditation effort. For even years I was the Accountant/Comptroller of the Arizona State Senate, serving under three Senate Presidents, Republican and Democrat, including US Congressman Bob Stump (deceased). During the time I was responsible for the Senate budget and overseeing the finances for the Senate reconstruction. As such I stand for responsible, conservative financial management of the state. I envision American legislative leadership as individuals who say they mean, do what they promise, and are committed to a future in which people of integrity, high ethics, character, and expanded consciousness govern the American people by consensus.

District 1, State House:

Dennis Grittner

I am a lifelong Democrat. I met my wife campaigning for JFK. I will Protect a Woman’s right to choose. I will introduce legislation to prohibit tax dollars from being used to support private development unless it is for renewable energy. I will introduce No growth, Slow growth legislation. We need a new formula for financing Arizona’s Public Schools. Our schools today are a disgrace to all of us. I will introduce legislation to remove the Sales Tax from food and clothing as this use of the sales tax on food and clothing is regressive and taxes poor and moderate income residents unfairly. I will introduce Legislation to ban the sale of give-away of non-biodegradable bags (traditional plastic bags) to help save energy (they are made from Oil, and to save wildlife. A 2006 UN study found that the Oceans of the world average 46,000 pieces of plastic per square mile leading to the death of over one million seabirds over 100,000 marine mammals every year due to entanglement with or swallowing plastic litter.

Ed Gogek www.votegogek.com

Health care is the expense most likely to bankrupt individuals and the government. Democrats will make sure everyone is covered, but the only way to bring down costs is by standing up to the drug companies. Today, drug companies pay for 90% of doctor’s continuing education. So what doctors learn about are the most expensive, that’s what they prescribe. Instead, we need researchers not tied to drug companies pay to teach doctors about generics, prevention and proven alternatives. This won’t cost much, and the savings will be far more than the expense. First, let’s fund research departments at the naturopathic and other alternative medical schools, and a few university researchers on prevention and generics. Second, get these researchers teaching Arizona doctors by requiring that half of all drug continuing education be from conference not paid for by drug companies taught by researchers who never worked for the pharmaceutical industry. This will improve health care in Arizona and lower costs. But we need a politician willing to stand up to the pharmaceutical industry. As an MD who’s practiced nearly 20 years, I’d love to take physician education back from the drug companies. Elect me, and I will.

Corporate Commissioners:

Sam George www.solargeorge.com

The SOLAR TEAM of SAM GEORGE, SANDRA KENNEDY, AND PAUL NEWMAN share a vision that clean energy can and end foreign reliance on oil, provide reliable energy, and create a sustainable economy. The SOLAR TEAM will fight for SOLAR ENERGY INDEPENDENCE. Solar energy can power Arizona and the nation. Solar energy will fight climate change and generate thousands of green jobs in Arizona. I have two decades of experience. As Arizona’s Deputy Secretary of State, I ran a state agency comparable to the Corporation Commission offices. I also helped write and pass the Arizona Voter Protection Act and the Clean Elections Act. I am proud to have the endorsements of Rep. Harry Mitchell, Rep. Gabrielle Giffords, and many others. The SOLAR TEAM of SAM GEORGE, SANDRA KENNEDY, and PAUL NEWMAN will achieve a Democratic majority on the Corporation Commission to protect Arizona consumers. Please support my candidacy and vote for the SOLAR TEAM. Remember, it takes THREE of us to achieve a winning majority.

Sandra Kennedy www.kennedy4az.com

The SOLAR TEAM of SAM GEORGE, SANDRA KENNEDY, AND PAUL NEWMAN share a vision that clean energy can and end foreign reliance on oil, provide reliable energy, and create a sustainable economy. The SOLAR TEAM will fight for SOLAR ENERGY INDEPENDENCE. Solar energy can power Arizona and the nation. Solar energy will fight climate change and generate thousands of green jobs in Arizona. As a former State Representative, school board member, and State Democratic Party Executive Committee member, I have extensive campaign experience.  I am proud to be endorsed by Congressman Harry Mitchell, Tucson City Councilwoman Nina Trasoff, and many others. The SOLAR TEAM will achieve Democratic majority on the Corporate Commission – ending 16 years of One Party rule, and allow Arizona to gain economically with solar energy generation. Single Party Republican rule has kept us paying higher utility rates and has stopped significant clean energy generation. Arizona should be the leader in solar energy generation, not in last place in the West. We must restore checks and balances on the Corporate Commission to protect Arizona consumers. Please support my candidacy and vote for the SOLAR TEAM because it takes THREE to achieve a winning majority.

Paul Newman www.PaulNewmanAZ.com

The days of cheap energy are over. We’re reminded every time we fill up our cars. We must acknowledge reality before our utility bills follow gas prices into the stratosphere. I’m a former legislator and Cochise County Supervisor.  I’m endorsed by Congressmen Ed Pastor and Harry Mitchell and former US Senator Dennis DeConcini, as well as the Arizona Republic, the Tucson Citizen, and the Tucson Weekly. I know that clean energy means a sustainable economy that can avoid a doubling of future utility bills over the next 20 years. We need to utilize Arizona’s biggest asset—the sun—while reducing energy costs and creating green collar jobs. Energy efficiency is part of my plan, but there’s more. We’re competing with the world for oil, natural gas and coal. Competing for fossil fuels is a losing proposition. We must invest in clean, renewable power sources that won’t burn fossil fuels at sky-high prices. Solar power and other technologies can achieve energy independence for Arizona. The technology is here—what’s missing is political will. I am a proven environmental champion who is willing to stand up to powerful special interests. Vote for Paul Newman for Corporation Commission on November 4^th. Thank You.