Arizona Highways to Help State Parks

A couple of months ago, the Arizona legislature voted to take 60% of the state park budget, which is comprised entirely of user fees with no state contribution, six months after the budget went into effect.

As I reported at the time, the move would force the division to several parks, reduce the maintenance budget and turn the whole system into a threadbare operation, which is kind of self-defeating because they need the user fees to continue the services which remain.

In response to the legislative action, the State Parks Board voted to close thirteen parks and keep nine open. The best I can tell from a glance, five of those which remain open are operating on a five day a week schedule and several of the previously closed parks have been given a temporary reprieve by partnering with local governments.

Toward the same end, Arizona Highways magazine has graciously offered five dollars from every subscription sold using a specific checkout code to the state park ofyour choice and they're suggesting that people consider buying multiple subscriptions, as gifts.
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Related: For a look at how far a state government might go to be considered ridiculous, follow the AZ tag for a shock.

Update: Constance McMillen had a "Prom"

Perhaps the subtitle of this post should ask how a Federal judge feels about being misled, or how they would feel about making a mistaken ruling, or whether a missed deadline excuse is contempt of court?

Early internet reports about the parent-sponsored prom for Itawamba Agricultural High School in Fulton, Mississippi claimed that Constance McMillen, the lesbian student who wanted to attend with her girlfriend wasn't invited. But in issuing his ruling confirming that her rights had been violated, Judge Glen H. Davidson said that he wouldn't order the school to hold a prom because the parents had done so much work in organizing an alternative and Miss McMillen had been told that she would be welcome.

Unfortunately, Constance supposedly missed the deadline for purchasing a ticket to the substitute prom, so whomever was selling the tickets took her phone number and in what sounds like a fit of panic over getting sued, the parents cancelled their prom and hurriedly issued refunds from the parking lot of a local church.

Then, a second make-up prom was scheduled for the local country club and according to media reports and comments from local residents, Miss McMillen spent less than an hour at the event without a date. Her publicity-shy girlfriend had never intended to go to the original make-up prom and at one time, it was believed that Miss McMillen would be attending with another girl, but if 'net comments are to be believed, it doesn't sound like the back-up date showed.

As I said, the initial internet reports were that Constance wasn't invited to the first alternative prom, but for some reason, the judge was under the impression that she would be welcome, which is why he didn't order the school to hold one of their own. After the parent-sponsored prom was originally cancelled, post-McMillen trying to buy a ticket, multiple unnamed parents told the Tupelo Journal that their prom was to have the same rules as those used by the school anyway, which meant no same-sex couples would be allowed.

Thankfully, the hastily-arranged, second alternative prom didn't plan to follow the school's rules and Constance was allowed to attend, but by that time, one must assume that the whole thing had become a letdown for all involved and because the judge didn't force her rights to be protected, poor Constance's victory seems sort of hollow.

Though, next time, the schools should know better than to ban same-sex or mixed-race couples and hopefully Judge Davidson has learned that empty promises from an ad-hoc group does not trump a court order, especially when it's passed down to a legal, governmental body.

ETA: A Mississippi blog alleges the country club prom was a decoy.
Confirmed: Local media has reported the dual prom story

"Wanted" Magazines Have Inherent Problems

The publisher of Michigan's Mugshot magazine has reportedly received death threats and the stores which serve as distribution points for his publication have heard "gang" chatter.

While an Ohio woman admits that she has a criminal record and it's apparently her mugshot, but she claims that Slammer magazine misidentified her crime as solicitation.

Update: Things are Still Murky in Aspen

Last week, I posted about the situation in Aspen (CO) where Troy Hooper, a local newspaper editor offered a beleaguered police officer more favorable treatment, as payback for not arresting him on a DUI.

Today, the Aspen Times is reporting that Valerie McFarlane was given a $10,000 severance package, in exchange for agreeing not to sue.

In Aspen, apparently they love their quid pro quos.
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Update: The Aspen Daily News has suspended Mr. Hooper for two weeks and he'll be on probation after his return.

He denies that there was a "quid pro quo", though he admits that it could've been perceived that way and in addition to further details from the tape, the announcement also reveals that Mr. Hooper had sent threatening emails to the Aspen Times, which broke the story and tried to get the Associated Press to quit pursuing it.

Editorial: McFarlane's golden parachute (Aspen Times)

Cop, Editor Try a Quid Pro Quo

Former Aspen Police Officer Valerie McFarlane was on work-related probation, when she pulled her patrol car in behind Troy Hooper, an editor for the Aspen Daily News because he was admittedly intoxicated.

Instead of citing Mr. Hooper or getting him to perform any field sobriety tests, Officer McFarlane gave him a ride home and after they reached his residence on the outskirts of town, they sat and talked for twenty-six minutes, while her dashboard equipment recorded.

In early January, a local attorney fighting a DUI charge for another client had called into question Ms. McFarlane's reliability because she had worn her uniform and "badged" admission for herself, her daughter and her daughter's boyfriend to a Black Eyed Peas concert held as part of the Jazz Aspen/Snowmass Labor Day Festival.

After spending some time in general admission, the officer "badged" her party's way into the VIP area, which was reserved for those who had bought the highest priced tickets, which the complaining attorney estimates to be valued at more than $2000.

According to the Aspen Police Department, a fellow officer had turned Ms. McFarlane in prior to the attorney's allegations and since the incident has become public, the former officer has stated that she was only there to watch over her 14 year-old daughter, she did not pay attention to the concert and that they did not partake of the VIP buffet.

Though it is not known for certain because it is a personnel matter, but one might conclude that Officer McFarlane's probation was at least partially due to her conduct at the jazz festival.

Troy Hooper had written a couple of articles about the attorney's allegations and during their conversation in his driveway, he and Ms. McFarlane discussed the situation and Mr. Hopper said that he'd like to give her a "second chance", just as she was giving him a "second chance" because she wasn't arresting him for drunk driving.

Quite possibly, the Hooper incident came to light because Ms. McFarlane requested the squad car recording after the fact and in an effort to avoid the appearance of impropriety, she is no longer employed by the Aspen Police Department.

It is not known, whether she resigned or was fired.
No word yet, as to any disciplinary action Mr. Hooper might face.
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Unrelated Sidenote: Valerie McFarlane was also a responding officer to Charlie Sheen's arrest. She took Brooke Mueller's statement.
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Update: Things are Still Murky in Aspen & Troy Hooper Suspended

Don't Like the Headline - Steal All the Papers

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Looking for a Loophole in the Constitution

Using arguments like "people need to be tolerant of the majority’s beliefs" and "the 'establishment' clause of the United States Constitution doesn't apply to the states", the Appropriations Committee for the Arizona State Senate has approved a measure that would allow private money to erect a monument listing the Ten Commandments, or "ten little rules" in front their old state Capitol.

Previously: Arizona: Robbing Peter to Pay Paul, x2

Scam Artist Spams Judge

Ubiquitous, late night, informercial staple Kevin Trudeau has been found in contempt by a Chicago area judge for the second time and forced to post a $50,000 bond, plus surrender his passport, while awaiting sentencing on at least one of the charges, next week.

In open court, U.S. District Judge Robert Gettleman said that he'll likely require jail time and a fine because Mr. Trudeau bombarded his email with letters of support from his followers, some of which could be considered threatening and all of which are undergoing analysis by the U.S. Marshals Service in a first of its kind investigation.

Trudeau, who previously served two years on a 1991 conviction for credit card fraud, where he charged more than $122,000 to the cards of eleven customers from one of his prior schemes is currently awaiting final sentencing for this most recent act of contempt, and a previous conviction after he successfully appealed the judge's amended punishment for violating a 2004 court order.

After run-ins with the SEC, the FTC and eight states for pyramid schemes and selling products using false and misleading statements, Trudeau settled an action by the Federal Trade Commission in 2004, by paying a $2 million dollar fine and agreeing to a lifetime ban "from appearing in, producing, or disseminating future infomercials that advertise any type of product, service, or program to the public, except for truthful infomercials for informational publications".

In 2007, the FTC charged that some of the marketing statements for a book titled The Weight Loss Cure 'They' Don't Want You to Know About were misleading because its infomercial claimed that the weight loss program was something easy, consumers could do at home without exercise and would allow them to eat anything they want, while the actual publication outlined a complex plan with lifetime dietary restrictions and exercise requirements, daily injections of a growth hormone available only by prescription and regular colonics, which must be administered by a licensed practitioner.

Mr. Trudeau was found guilty of making "patently false" statements to sell his weight loss book, thus putting him in violation of the '04 order.

Initially, Judge Gettleman sentenced him to pay a fine of more than $5 million dollars and imposed a three year moratorium on appearing in any informercial for a product in which he holds an interest, but both Mr. Trudeau and the FTC asked him to reconsider the sentence. After less than a month's time, the judge decided to keep the three year moratorium, but upped the fine to more than $37 million dollars, which is what the Federal Trade Commission alleges Mr. Trudeau had received from the estimated 32,000 times the infomercial ran.

The 7th U.S. Circuit Court of Appeals upheld Mr. Trudeau's conviction last fall, but directed Judge Gettleman to do more fact-finding to justify the fine. In an attempt to sway the court, Mr. Trudeau reached out to his customers via email and through his website asking them to contact the judge, which caused his email account to become flooded.

This was not only a demonstrable inconvenience to the court, but it also violated the rules governing ex-parte communications.

And because you've most likely seen a Kevin Trudeau infomercial recently, while awaiting the appeal and fact-finding effort, he has been actively marketing Free Money "They" Don't Want You to Know About, a book published in 2009 and a product in which he holds an interest.

This guy will never quit.

Links

• Wikipedia
• Chicago Tribune
• Chicago Sun-Times
• FTC Linklist outlining the entire case

If at First You Don't Succeed

Wayne Pierce and his wife Marci put together the 6,400-acre Sargent Ranch near Gilroy (CA) with hopes of developing.

Several schemes have failed over the years due to environmental and zoning concerns, so they thought they were onto something, when they decided team with a local Native American tribe.

It seems, if the tribe were granted recognition, then the local zoning regulations would have no jurisdiction and in hopes of achieving their goal, they enlisted the help of Congressman Mike Honda (D-CA) to fast-track the necessary legislation.

Unfortunately though, a representative of the Amah Mutsun tribe forged some federal documents and an investigation into Mr. Pierce's past derailed the project, so now the property is in foreclosure with about $71 million owed.

The Santa Clara County Supervisor feels that development may no longer be an option and he's heard that some may be looking to mine sand and gravel from the land.

Note: The photo is from the Pierce wedding. It accompanies the story.

Supplementing Social Security with Cash for Kids

Maria Camarillo ran a multi-decade, multi-generational marriage mill, where she sold-off members of her family to those seeking a green card. Her program was so successful, she and others phonied-up driver's licenses, divorce decrees, tax returns, birth certificates, etc.

This eventually led to the exposure of her enterprise; Her daughter had the misfortune of drawing the same Immigration Officer, who had almost caught her the year before and the second time, she was using a different name.
(AP Photo)

Arizona: Robbing Peter to Pay Paul, x2

Like most states, Arizona is facing an enormous revenue shortfall, but what sets them apart from their more sane brethren is that they seem to have no shortage of harebrained schemes.

Last season, Jason Jones of The Daily Show hilariously ridiculed a proposal to sell their state capital building for $735 million, with the idea that they could lease it back for $1.5 billion over the next twenty years. (Clip embedded, below)

Unfortunately one idea that didn't fail on its own lack of merit might best be described as the highway robbery of their state parks.

Granted, all but the wealthiest communities have always had a huge park maintenance backlog and its always been somewhat acceptable to slash their operating cash in times of need, but what sets Arizona apart is that taxpayer funds have become an increasingly lower percentage of their total park budget, culminating in the fact that in 2010, they weren't expecting any public money and had been planning to survive entirely on user fees.

So, you can imagine the surprise, when the legislature voted to steal $11.5 million (60%) of the monies they didn't contribute from the budget which went into effect, six months ago.

Renee Bahl, director of Arizona State Parks is now charged with deciding which parks to close.

Her instinct may be to shutter those which generate no fees or operate at a loss, but because fences may need to be erected and security systems installed at some historic structures, she's facing a modern day Morton's fork; There's no good outcome, no matter which way she goes and naturally because many communities rely on their parks to generate tourist revenue -- lower tax income, failing businesses, a depressed local economy and consumer ill will are sure to follow.

Not to mention that historically, Arizona is loath to replace what they've already stolen.

The Daily Show With Jon Stewart	Mon - Thurs 11p / 10c
Arizona State Capitol Building for Sale
www.thedailyshow.com
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Follow-Up: They closed nine and kept five, some with reduced hours/services and some with local contributions.

Cutting Off Your Nose in Spite of Your Face

Idaho is thinking about selling their Executive Mansion.

No governor has lived there since it was donated in 2004 and the fund which finances the stipend paid to the Governor for living in his own home used to produce enough interest to cover the Governor's monthly housing allowance ($4,500/mo), but because the upkeep costs of the Executive Residence also comes from this diminishing pool, the stipend has started eating into the principal.

Compounding the situation, Governor C.L. "Butch" Otter is the ex-son-in-law of the billionaire who donated the house, so everybody seems to understand, why he won't live in the home.

Of course in justifying the sale and perhaps to divert attention away from the millionaire taking a monthly stipend, Otter administration officials have to highlight the costs of keeping it -- $100,000 a year in lawn maintenance, "exorbitant" electric bills, difficulty to renovate, inaccessibility in the snow, etc.

Which naturally leads one to think that if the house is such a lemon, why would anyone want to buy it?

God's Media Strategy

Robert A. Schuller assumed the pulpit of his father's "Crystal Cathedral" in January of 2006 and was removed in October of 2008 because "a lack of shared vision". To quote Wikipedia: "In a prepared statement, founder Robert H. Schuller stated that 'different ideas as to the direction and the vision for this ministry' with his son 'made it necessary ... to part ways in the Hour of Power television ministry'."

Through a private equity firm, ComStar, a company founded and operated by the junior Mr. Schuller and Chris Wyatt, his son-in-law and the founder of GodTube along with Communities.com have purchased an Atlanta-based television and radio network, which they'll combine with a previously acquired network out of DC.

Their stated goal is to buy distressed faith-based media companies and next year they hope to have $50 million to spend, plus they plan to combine their various purchases in that timeframe, rebrand and retool their overall web strategy to "drive traffic" between the two.