Eye On Englewood

Link: http://www.EnglewoodCitizens.org

God rest ye merry gentlemen, let nothing you dismay... and yet, there lingers dismay in the chill at Christmas for all of us.

In the midst of heartwarming carols, well wishes, and merry lights,where can one buy consolation? Do we turn to heaven, pray? Remind ourselves through candles of the all-sufficient God? Many religious communities recognize the power of identity not in the individual conquering the odds, but in communal sharing conquering together. As Dickens' Scrooge found out, the man who dies alone with the most toys does not really claim the prize.

Hence, the debate over government's duty to give charitably was intoned by new councilman, Rick Gillit, District 4, this Monday evening in the face of many Englewood charity requests amounting to $78,000. for many good projects.

While a government entity is made up of the many humans, and is considered a legal individual, in reality, there is no good will to be had from a system outside the animated collection of taxes and disbursement of the budget, and those who control.

In the face of a December 9, 2009 Memo from the Director of Finance and Administrative Services, stating in bold that tax revenues for 2009 were down by 11.1 percent less than 2008, still Council voted to disburse the maximum charitable spending. "Dogs for veterans of war" won out, as did "food banks" and the "Englewood High School", not for much needed school supplies, but for After Prom activities. "Arapahoe House" lost their requisition as did many others. City Council had budgeted $28,000.00 for charitable giving this year out of city taxes, and therein lies the question.

Since it's a religious time of year, let's talk the religion of gift giving in politics. Religious Scotts believe that government spending on the poor is a proper function of government because it is an efficient way to do the magnanimous thing for the needy. Religious Right Wingers ideally believe that they earned what they got and that no one should take it away from them by force (or by taxes). Religious Left Wingers believe more like the Scotts, that it is the duty of the whole to care for the needs of the vulnerable.

Does the earth and all it's primary resources really belong to the Able-bodied, Able-minded, well-financed? Are they Entitled? Or does the earth, the air we breathe, and all that is in it belong to the Lord and we, the stewards, are to manage and disburse, train and marshal?

It may be an age-old question. But City Council at least questioned it's role this Christmas before it voted.

Some Englewood Citizens believe the role of government is outlined in the Constitution and that charitable giving is not permitted. Especially in lien times. Two arguments: What says the Law as well as what says practical. But, in a Home Rule situation, a city can change the rules and throw out bits of the constitution. That's what Amendment XX gives to Home Rule through the Constitution of Colorado. Still, perhaps, the matter should be brought to the vote of the people, some of whom have been forced to pay taxes to support their neighbors while they may be losing their own homes in lien times.

Since Englewood has bought into the legal process of fining it's residents for snow removal, perhaps they would consider putting that money into the funds--already set up in the budget--that gives back at Christmas time in the way of charitable giving not only to non-profits, but also to vulnerable individuals who qualify. This would solve a lot of problems and discrepancies and ethical preferences. Charitable giving would be limited to the fines brought into the city, or through the good will of contributions willingly provided through others, and not out of the general budget.

Link: http://englewoodstory.com

I will go so far as to say this: Everything in a City is grandfathered unless the City is able to prove some license to regulate it.

O, Where O Where doth such a license cometh from?

In Colorado municipalities, they come from Colorado Revised Statutes Title 31, Municipal Governments, michies Colorado free legal which limits powers and are given further boundaries through none other than the Supreme Law of the Land, our great United States Constitution.

These laws clearly state that someone's power, presumed authority or "will" cannot legally over-power or control what rights the law has handed to me already. The mass lynchings are illegal because they are not founded in deference, self-respect or law.

It doesn't matter how much sweaty fervor is passionately invoked or what kind of bribe or slander occurs, if it ain't founded in law, it ain't no good.

Last week in the Englewood Council meeting when Bob McCaslin accidentally, or perhaps conveniently left out of the pre-written invocation, "Help us not to control..." I had to chuckle. Well, it just escaped. I didn't mean to be irreverent. But "arbitrary control" is exactly what this Council loves to do to this fair city by their own elected whims.

But just because they are elected and it is hard to get them unseated, doesn't mean that they have legal rights to presume license over all aspects of residential home lives.

Last week at Council, John Moore played the roll of Mayor and controlled the discussion on Hard Pavements himself. He kept wanting to know what would be "grandfathered" as if Council can simply ignore the City Ordinances and Savings Clauses and has utter authority over the private homes as well as licensed businesses. Near the end of the discussion Moore says, "So what are we choosing to grandfather then? Only gravel?"

Stand Up, people! Where is the Council's license to tell you where or how you can park on your own property?

Once an idea gets passed legislatively, then the full burden of proof rests on one defendant's shoulders, inconveniently cited and hauled to the Judge, to prove that the legislation is unfounded. Since it is the legal duty of the municipal judge to presume the law is reasonable, this individual must have a very strong mind with plenty of time available to find out where the missing links are and present them to the Judge or jury accordingly. If he doesn't have these resources, the illegal law can be established judicially, and then it is almost impossible to over-rule.

So the old maxim stands that all it takes for evil to win is for good men to do nothing.

If you choose not to trust your gut, or defend your right to serve, your right of easement, your immunities, your right to real estate, then you forfeit not only the right, but also the law that governs the right. And if you forfeit the law, you betray your fellow man who depends on that same law.

I was trying to stay one step ahead of myself but now I walk on my hands and don’t look back...

"Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal [118 U.S. 374] hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution. This principle of interpretation has been sanctioned by this court in Henderson v. Mayor of New York, 92 U.S. 259; Chy Lung v. Freeman, 92 U.S. 275; Ex parte Virginia, 100 U.S. 339; Neal v. Delaware, 103 U.S. 370, and Soon Hing v. Crowley, 113 U.S. 703. Soon Hing v. Crowley, 113 U.S. 703." See, Yick Wo v. Yick Wo v. Hopkins
Submitted April 14, 1886, Decided May 10, 1886,118 U.S. 356.
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE DISTRICT OF CALIFORNIA

How do we know what rights we have fundamentally? Consider the Privileges or Immunities clause of the US Constitution. One author has then suggested normal people go to the laws of the District of Columbia to see what's fair there. Another suggests that whatever is fair in all the states is fair in your state.

"It is accordingly enacted by § 1977 of the Revised Statutes, that all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other." (See Above, Yick Wo)

I was really scared that Yick Wo, the laundry proprietor, would only protect those narrow civil rights laws specifically written, but when I went to read that case it was as clear as the blue Colorado skies that everyone in America has the right to make and enforce contracts, to sue, to be parties, to give evidence and to enjoy the full benefit and duties of all laws and policies and access to government and court, and to remain secure in their persons and property.

Neighbors must work hard to subdue your greed, subdue your bias, and subdue being lazy entitled ingrates. Seriously!

Whatever gets sold out for some selfish or shady benefit today, will come back to bite not only you and your white Englewood neighbors and your white grandchildren, but me and my household too because the rest of us have rights only equal to yours, and then your rights are only equal to mine. You need to stand up like responsible, dutiful adults now. I don't want to take the water slide down with you.

W