Tucson Sammy

I learned that Representative Giffords was shot shortly before leaving home on Saturday morning. I was preparing to co-host the Inside Track radio show with its owner, Emil Franzi.

We opened the show with what little we knew of the attack, and took a call. The caller wasted no time in blaming our show in particular, and talk radio in general, for inspiring the attack. He had no evidence, of course, nor did he have much in the way of reasoned thought, just the meme.

Good News Communications, which owns a number of radio stations including KVOI on which Inside Track is heard, organized a non-denominational prayer vigil for the victims of the Laughner attack. It was scheduled for 12:00 PM, on Sunday. My wife and I attended.

We arrived around noon, and stood quietly with others waiting for the event to begin. I noticed an acquaintance of mine talking to someone, a bit too loudly. I was not close by, but I caught phrases like “…Rush Limbaugh, Glen Beck, that’s why these things happen…..that bumper sticker, Voice of Freedom, that’s a right wing code word….” I thought of saying something, but checked myself and we moved farther away from her.

The head organizer addressed the crowd. He explained that the purpose of the event was to bring the community together in prayer, and that it was held in front of the old courthouse instead of a church to be inclusive of all faiths. I noticed that my acquaintance had disappeared – I guess she figured out that it was not a political rally. The speaker proceeded to deliver a tone-down-the-rhetoric speech. I cringed. Though it was a somewhat eloquent speech, it assumed that political rhetoric had something to do with the attack.

A new speaker stepped up to lead the gathering in prayer and a period of silent meditation. Finally, the speaker offered anyone an opportunity to recite a prayer aloud. I had a bad feeling about this. After a half a dozen or so prayers, an old guy with a ponytail was given the nod. It was not long before his“prayer” slipped into a rant with phrases like, “where were you when the haters passed SB1070!?”, and more subtle condemnations like, “and now they’re attacking the school children,” a reference, I assume, to the controversial TUSD La Raza Studies program. The speaker slowly walked over to where the pony-tailed guy was standing and whispered something. The pony-tailed guy got a few more licks in as the speaker walked away.

Sunday evening, I reluctantly took a look at Facebook. To my relief, most of my friends, regardless of their politics, were not engaged in finger-pointing or political opportunism. It was comforting.

On July 29, some bills that passed the state Legislature and were signed by the governor became law. Included in these was SB 1070. Of course, there was a SB 1070-related protest, and counter-protest, downtown.

I like a good protest as much as anyone, but I had a celebration—of other laws going into effect—to attend elsewhere.

As I walked through Himmel Park, I ran into a friend. We chatted briefly, and I continued on my way. If my friend noticed the Glock model 21 pistol worn openly on my belt, he made no mention.

I soon came to a grove of trees near Treat Avenue, where 40 or so men and women were enjoying an all-American cookout with hamburgers and hot dogs—the works! Most were similarly armed.

I knew I had found the “Take Your Pistol for a Walk in the Park” party that I sought.

I saw the host of the party, liberty activist Ken Rineer, refilling the grills with dogs and burgers to keep up with the demand. It was in October 1996 that he met with Libertarian lawyer Ed Kahn and Tucson Police Department officers to have himself arrested. The purpose of the arrest was to create a case to challenge a recently enacted city ordinance that prohibited firearms in city parks—thus making the parks all the more attractive to robbers, rapists and the like.

Ken was recruited by Brassroots, a civil-rights organization that specializes in firearms issues, to risk heavy fines and jail time to take the city to court. The law was clearly on Ken’s side. The state of Arizona has a pre-emption statute that limits certain authority to the state government, including laws regarding firearms. Alas, courts being as they are in these modern times, Ken lost after the city appealed his initial victory, and the Arizona Supreme Court declined to hear the case.

OK, I know that many of you are thinking, “What the heck is it with these gun nuts? Is it so important that they have their guns in the park?” First, let me point out that many of my fellow party guests are not, in fact, “gun nuts,” or even enthusiasts. In fact, were you to ask Ken why there are as many as three different twist rates in AR-15 rifles, I doubt he could tell you.

The firearms issue lends focus to the greater issue of liberty, which is the issue we all hold in common. It is true that you could say that possessing a gun in the park is not in itself all that important, just as you could say that where you sit on the bus is not all that important—but only if you were ignorant of the greater issue at hand.

Activism goes on. When it became fashionable to post “no firearms” signs in the windows of businesses, Brassroots was there to point out that while it is certainly the right of a business to ban guns from the premises, in doing so, those businesses would lose a large block of customers. Most, realizing that customers are more important than fashion, came around pretty quickly. Phil Murphy, a past president of Brassroots, recalled addressing the issue with a specialty retailer that sold erotic paraphernalia and clothing. Exotic dancers, who shop there for clothing, were made particularly vulnerable during their late-night shopping and were ready to make noise about it. This situation was presented to the store’s manager, who contacted the home office, and within 40 hours, the signs came down.

Charles Heller—a radio personality, the secretary of Arizona Citizens Defense League (AZCDL) and an all-round good guy—spoke of the accomplishments in which the AZCDL (azcdl.org) played a crucial role. Though it was an impressive list, the most relevant to today’s celebration was the state legislation that strengthened the pre-emption statute regarding guns and knives, and legislation authorizing “constitutional carry,” meaning that you could carry your weapon discreetly or otherwise without a permission slip from the government, as the United States Constitution and Arizona Constitution guarantee.

It is not often that liberty activists have cause to celebrate, or that Ken, Phil, Charles and others actually see positive outcomes resulting from their efforts. Yet on July 29, while political theater raged downtown, men and women peacefully celebrated in the park, and remembered a 14-year-long struggle.

Though the University of Arizona is an institution of higher learning, it appears that the students and faculty are decades behind in regards to the cultural and legal progress of the right to keep and bear arms (RKBA).

It was back in 1987 that the state of Florida took the lead in passing a new type of concealed carry law. Concealed carry permitting laws that existed prior to that time were actually remnants from the Jim Crow era; permit applications had to be approved by either the local sheriff, judge, or magistrate with no provision for appeal – good luck if you were a man or woman of color. The new permit laws were written so that anyone who met the criteria, “shall” be issued a permit. When the word “shall” is used in the law, it means it must happen, no discretion here, no denying people of color, political adversaries, mother’s-in-law, etc.

Opponents of such laws warned of never seen before running gun battles up and down the streets, they never happened. The idea caught on, and Arizona passed a similar bill in 1994. Opponents of the law warned of never seen before running gun battles up and down the streets, you know the rest. The phenomenon swept the country, and now 45 of the 50 states have “shall issue” laws of some type.

Intrigued by this wave of new laws, research scientist John Lott (University of Maryland, College Park, University of Chicago, Yale University, and the Wharton School studied crime statistics from vitually all the counties in the United States. He published the results of this work in the book More Guns, Less Crime. According to Lott, enactment of such laws leads to a significant reduction in violent crime, with a slight increase in property crime. Oddly, Lott’s research received no serious challenged by opponents; rather, they generally chose to attack him personally. Ad hominem attacks are like shooting heroine, it feels really good when you’re doing it, but regular use makes you dull, frustrated, and hollow.

The next milestone was the 2008 United States Supreme Court case, District of Columbia v Heller. The court ruled that outright bans on firearms are unconstitutional because the second amendment to the U.S. Constitution is an individual right. The case was followed by a wave of challenges to onerous restrictions on gun ownership.

It is interesting to note that the Obama administration, and the Democrat controlled congress, have made no attempt – to my knowledge, not even a mention – of any “gun control” initiatives or goals. Actions not taken are as telling as those that are.

So, both the people, and current legal thought, have evoled into a much more liberal (in the classic sense) view of the right ot keep and bear arms. Consistent with this new enlightenment, the Arizona Senate introduced SB 1011. According to the fact sheet, the bill, “Allows a faculty member with a valid permit to carry a concealed weapon (CCW permit) to possess a concealed firearm on university or college grounds.” This seems like a rather mild adjustment in these enlightened times, particularly in light of the fact that the universities would still have a more oppressive environment that the state as a whole.

Alas, the University of Arizona is a couple of decades behind the progressive (in the literal sense) thought of today. It became a hot topic with the Associated Students of the University of Arizona (ASUA). At a regular meeting, one day after the bill’s introduction, members showed up ready to pass a resolution against the bill. The Arizona Daily Wildcat reported Senator Daniel Wallace saying, “The overwhelming majority of students I’ve talked to are against having guns on campus,” and, “The faculty shares that opinion.”

Really? From where did this archaic mindset come? I think that there is a clue in Wallace’s statement, “The faculty shares that opinion.” Could it be that, for many faculty members, time stopped somewhere back in the late 60′s or 70′s when they entered academia as a career? Are students learning to pay attention, apply thought and reason, or are they being indoctrinated in politically correct thought that has been long abandoned by everyone from the courts, to the politicians, to the people?

We are well into the 21st century. For the benefit of the students, I hope the universities will decide to join us.

The Augusta Mining Company’s plan to build an open pit mine in the Santa Rita Mountains south of Tucson has been controversial from the start. The Rosemont Mine project will cover 4,300 acres, about one third of which is privately owned by Augusta, the rest is U.S. Forest Service land. Many support the plan for economic reasons, while others see it as a bight on the landscape and an ecological disaster.

The Arizona Department of Mines and Mineral Resources (DMMR) released a describing the economic impact the mine would have. The data are based on a recent assessment conducted by the Arizona State University.

The DMMR included the following in a press release dated November 20, 2009, “During the projected 20-year production/post-production phase, the State of Arizona will see an average annual increase of $907 million per year in economic activity, $214 million in residents’ income, and $32 million in state revenues. The project will support 800 additional jobs for Arizona residents above the 2,100 added in the three-county area.” It also reports that during the twenty year production/post-production phase that “the total gains to the U.S. economy add up to $27 billion in output, $15 billion in gross domestic product, $8 billion in personal income and $3 billion in federal government revenues.”

Along with environmentalists and residents in the area, Pima County has taken an anti-mine position, even though it has no legal authority to participate in the decision process. The U.S. Forest Service has sole authority in that regard.

Ironically, Pima County had an opportunity to purchase the private land (approximately 1,000 acres) prior to Augusta, but turned it down.

In the early part of the twentieth century, the University of Arizona occupied a quaint, two story, brick building now referred to as “Old Main”. Meanwhile, not far away, a number of “sanatoriums” were being built for TB patients from across the country. The neighborhood north of Speedway was nicknamed “Lung Hill.” Today the University of Arizona has metastasized into a gigantic sports, research, and educational facility with an international student body that numbers around 38,000. “Lung Hill” is now the Feldman’s Historic District and Neighborhood Association, in which many of the sanatorium buildings, along with homes of the same vintage, still stand. The Feldman’s neighborhood is primarily residential, composed of both owner-occupied and rented houses, with a mix of university employees, students, and others.

As the university student population has ballooned – doubling over the last few decades – the market for student housing has increased concomitantly. Naturally, areas around the university have seen an increase in student residents. Often a parent would lease, or even purchase, a house near the university and the child, along with any number of friends, would occupy it. Eventually, developers began to respond to the market demand by building rental structures designed for the student customer – they were nicknamed “mini-dorms”.

Long established residents of these neighborhoods suddenly realized that they did not live in gated communities, and as Dylan said, “The times they are a-changin’”. The folks in Feldman’s Historic District and Neighborhood Association were on the cutting edge of these changes, and they did not like it one bit. Seeing, or seeking, no alternative, they sought the force of government to freeze time and turn their neighborhood into a preserve.

Of course, a villain was necessary. The obvious one is the University of Arizona. Its inability to provide accommodations for its students is the root of the problem. The behavior of students themselves, not their existence, is the problem itself. One might even blame the residents themselves for not protecting the neighborhood with extreme zoning before now. Somehow, all these parties were overlooked, and the mini-dorm developer, Michael Goodman, became the bad guy.

Look, I would not want affordable student housing in my neighborhood either. However, I find it hard to condemn a developer who is satisfying a need in the community while staying within zoning laws and codes. He also purchased the land he wished to change. He did not seek the help of city government to force a change on other people’s property. A primary function of property rights is to settle the question of land use. If you want to call the shot, you buy the property. The alternative is large protracted fights over land use with some arbiter assigning a solution that pleases nobody. The idea of ownership also tends to direct land to the best use. For example, a couple with children would be willing to pay more for a four bedroom house than a retired couple, so they each end up in suitable houses. In fact, professionals often buy properties on which to build structures to satisfy a local need. Then they become the villain.

While Feldman’s may have no choice but to resort to extreme zoning – the approval of the development manual and NPZ overlay – other neighborhoods might take some preemptive action. Imagine a neighborhood that came together and pooled some resources and bought up the properties that came up for sale. Once there was a consensus, the residents could contract with each other to adhere to guidelines regarding the properties that went above and beyond the zoning. They could get the city to give them the streets and public areas, abandon the rights of way, etc. They could limit access, take responsibility for the roads, and be at peace with each other, like a gated community.

I know that gated communities are not at all “cool”, but we’re not posing here. Look, people talk a lot about loving “diversity”, but they don’t mean it. I’m sure many of the residents of Feldman’s Historic District and Neighborhood Association hold “diversity” close to their hearts, until it arrives on their streets. They then clamor for tighter zoning. The point of zoning laws, my friends, is to prevent diversity. No family wants to live by a meat packer, a mini-dorm, or a 24-hour coffee shop.

Hopefully, the example of Feldman’s will lead to securing neighborhoods through co-operative rather than combative methods.

The votes have been cast, and Tucsonans sent clear messages regarding the ballot proposals. Council races are now official.

Candidates:

Richard Fimbres won Ward V beating Shaun McCluskey. Karin Uhlich hangs on to Ward III by 195 votes beating Ben Beuhler-Garcia. Steve Kozachick upsets incumbent Nina Trasoff in Ward VI by well over 1,000 votes.

Props 401 and 402, TUSD Overrides:

Both attempts by Tucson Unified School District to exceed its its budgets limits were defeated, both by substantial 20 point margins. The failure reflects a basic distrust among Tucsonans. From the many financial scandals, to the “Post Unitary Status Plan”. Greg Patterson of Espresso Pundit credits the controversial “La Raza” (The Race) program.

Prop 200, Public Safety:

This ill-conceived proposal would mandate specific police and fire response times, officer/population ratios, etc.The idea was to force the council to fund basic services rather than pet projects, favored charities, and payoffs to supporters. The promotion effort was terrible, and the Left seized on the general anti-tax mood to attack the proposal. Service Employees International Union (SEIU) activists were seen at the last Tucson Tea Party parading around with signs saying that Prop 200 would increase taxes. It lost 70% to 30%