Tags: woodward
Town Crier!! Budget Hearing Monday, 9/20/2010
September 13th, 2010Link: http://www.englewoodcitizen.com/
Announcing the 2011 Englewood Budget Hearing. Monday, September 20, at 7:30 pm, Floor 2, Englewood Civic Center.
Please Take Notice: City Council will actually release the proposed budget the week after the hearing, on September 25, 2010...strangely backwards, but oh well. You can still register your general ideas, strategies, complaints and priorities this Monday at the hearing.
Note that it is the City's lawful duty by City Charter as well as the Colorado Constitution, article XX and the Colorado Revised Statutes §§29-20-101, 205, 24-65.1-101, et seq., 30-28-101, et seq., 30-28-201, et seq., or 24-32-111 to provide full and complete services to roadways, parks, fire, utilities, courts and police enforcement. Englewood is not permitted to cut these services by law. You can rely on your payments for these services through your taxes, because the government must fulfill their duties. It is the City's duty "to provide for the peace, welfare and safety" of your neighborhoods and your well being.
Do you find it okay that Manager Sears has proposed cutting the fire marshal position after the current fire marshal retires this year? Do you think that cutting city services is your sacrificial duty during a bad economy? Chief Vandermee of the Police Force is also retiring in May and another officer is leaving on his own accord. The City is not planning to replace these services for you next year, cutting services you will need and have grown used to.
It has been suggested that the City Manager's office itself is top heavy in the budget. Englewood recently compared itself to Northglenn, Colorado, a similar sized populous, but I've checked the figures and this is what I found:
Northglenn published a 2010 fiscal report, showing the total personnel expenditures for the city manger's office budgeted was $343,482 with a Full Time Employee (FTE) count of 4 people. The City of Englewood's 2010 budget, page 68, indicated personal expenditures of $591,340 and an FTE count of 5. The City of Englewood has one more employee, and a difference in personal costs of $247,858!
Total Expenditures for the Northglenn City Manager's office is $614,151, whereas the City of Englewood is $668,633.
Also note that the City of Northglenn has decreased its City Manager's staff/FTE by 3 people since the 2008 economic crunch, whereas the City of Englewood has decreased their City Manager's staff by .38(about half of a part-time position) since 2008. Englewood employs Gary Sears at $169,540, City Assistant Mike Flarity at $134, 410, Executive Assistant Sue Carlton Smith at $61,145, and Communications Coordinator LeAnn Hoffines at $61,046. And, don't forget that 42% of a part-time employee. These figures do not include cars, expensive seminars, gas or healthcare bennies. The price of all those extras to the citizens of Englewood costs even more. Nice...
Sure seems like some of these people could afford the hit that most of Englewood has already taken in their jobs. The City of Northglenn does not employ an assistant for every job. Why does Englewood? Perhaps because the head of Englewood has been moonlighting by teaching courses at the University of Denver, and playing golf on City time. Now, Manager Sears is proposing the City cut your services to you. This is the opposite strategy that Northglenn has taken.
Your "City’ Manager’s duty shall require the faithful performance of all administrative duties." The City Manager's duties and powers are enumerated in Sections 1-6A-2 and 1-6A-3 of Englewood's Muncipal Code, as well as the Englewood Home Rule Charter. Section 1-6A-1:E.M.C. (Code 1985, § 1-6A-1)
City Manager Powers.
C. Investigate;
D. Overrule Officials;
E. Delegate Duties;
F. Appoint Administrative Committees; and
G. The City Manager shall have all other powers necessary to perform any duty or responsibility conferred upon him/her by Charter or ordinance. Section 1-6A-3: E.M.C. (Code 1985, § 1-6A-3)
Mayor Woodward said last month that he used to call himself a fiscal conservative, but now he just calls himself fiscally responsible. Is this a joke? Especially in light of last week's Emergency declaration regarding Englewood's finances. A month ago, Mayor said he hadn't yet seen the "trip point." (that line in the available inventory that says an emergency is warranted). Two weeks later the "trip point" apparently arrived.
Last year at the public debates between candidates, Mayor Woodward stated the city has a "policy" not to go below 10% in its reserves. The policies that the Mayor enforces against its citizens are considered law with fines and jail associated for violation of them. Apparently,the Mayor is held to a different standard and sits comfortably above the law when subverting this policy of the City's important financial reserves.
Still, Mayor Woodward says he isn't one to micro-manage the budget so long as the Rec Center does not run out of toilet paper. He may be covering his own butt on this one. Seriously, go out and represent your higher perspective.
If you cannot make the budget hearing, please be sure to contact you district representative with your thoughts. District 4 Representative Rick Gillit and District 1 Representative Joe Jefferson are both actively involved with listening to their constituents.
Hiding in Plain Sight
August 15th, 2010Link: http://englewoodcitizens.org/
Has anyone noticed housing and property tax assessments continuous rise? Yet, Englewood School attendance is low, so low an entire school in Englewood closed down a couple of years ago. The only legal way to raise property taxes is by public vote or in proper relation to the school enrollment.
Yet, City Manager Gary Sears continued to budget and spend as if the ceiling was merely foggy. Absolutes do not pertain to him, because he is absolutely above the law.
The official spokesperson for Englewood government, Tom Munds, reported in the Wednesday edition of the Englewood Herald, front page: the "gloomy picture" Manager Gary Sears has finally owned up to. The problem is, Sears is not cutting the budget in his own salary or benefits, or those of his top cronies.
Instead, the Englewood Herald cites that Sears proposed "transferring about $600,000 from other city funds, and reallocating the Long Term Asset Reserves to the City's general fund!" Is anyone screaming about this theft?
Not Mayor Woodward. Not a peep from that fearless leader is heard. The only place Woodward responds is in the additional targeting of many various City services such as street repair, Parks and Recreation, the Summer Concert Series, and the Art Shuttle. Then, Woodward is reportedly moved. "I don't think eliminating the Art Shuttle is a wise place to cut spending because a lot of residents depend on it."
Nevertheless, Mayor does not ask that employees take several more furlough days, nor does he suggest that the heads of department salaries are actually cut rather than merely frozen.
Tom Munds again reported in the same edition of the Englewood Herald that a Code Enforcement Advisory Committee special meeting is scheduled on the ordinance governing the parking of trailers and recreational vehicles in one's own driveway.
Back up. Munds writes, "The turnout was sparked by a flier indicating the council was about to take action to pass more restrictive rules. However, about half the people left the July 19 meeting when Mayor Jim Woodward said no council action was anticipated on the issue."
Yet, special meetings have been scheduled to quickly address the issue. Munds admits the advisory recommendation could be to leave the rules unchanged, but that the City's Code Enforcement Officers have been told not to enforce the current rules. Apparently, the City's newest ordinances do already encroach onto private driveways, and the residents who packed out City Hall on July 19th should not have been so easily dissuaded by Mayor's downplay of the situation.
Considering the discrepancy in Mayor's wages to City Manager's wages, Woodward certainly has been accommodating. The problem is, Mayor is not the only person being taken advantage of. His job is to protect the people's resources and welfare, oversee that government administrates Parks and Recreation and street maintenance to the fullest extent, and insure Englewood's future Assets are not raped.
This is a public emergency, and it did not happen over night. District Four Representative Gillit has been harping on the fact, continuously shut down by the rest of council, as was the infamous Laurett Barrantine's (District 3) vocal tirades on the matter. But no "Emergency Meeting" has been called over the City's finances.
Public Criminal number one is hiding in plain sight. What's a Mayor to do? Especially since, he has been complicit all these years in creating the fiscal emergency.
When People Turn Up and Turn Out
July 28th, 2010Link: http://www.eyeonenglewood.com
The latest full house at City Council meeting turned up when Council member, Linda Olsen, complained about seeing recreational vehicles, trailers and caravans on the streets and in driveways of her neighborhood. She requested that her friends on council implement laws to address the problem. Arapahoe Acres is an upscale Englewood neighborhood where each address has a unique piece of art in the front yard.
Political opponent, Matthew Crabtree, and some Concerned Englewood Citizens stirred the pot. He says, "For clarification, this was this was NOT a discussion about parking on the street - this is a debate on how you can use your own driveway." The house was packed when people turned up to represent themselves. That would be their right to freely and openly express a pursuit of fun in life. Mayor Woodward refused to let so many people speak, and Olsen herself apologized, --not for her attitude,-- but for so many people feeling compelled to come out and represent on “such a non-issue.” Then, the tempers flared. To an outsider, it seemed a bit like July 4th celebrations.
Afterwards, Crabtree, approached Olsen to encourage her once again to make these kinds of decisions public so that there is a fair fight and the people are heard. But Olsen leaned in to quietly lecture Crabtree, “Do you realize that I now fear for my life?” She hissed. “I need a police escort just to get out to my car after this meeting!”
A criminal case is being served this week against the City Council by Douglas Cohn against the Mayor of Englewood, Jim Woodward, and the City Manager, Gary Sears for various violations of the Tabor Act, the most recent being the green solar panels. A more efficient manner of erecting green building standards in Colorado would be to enact a building code utilizing solar attic fans and 2”x 6” exterior framing, costing taxpayers nothing. Or, erecting windmills in open areas to generate energy.
Last year, a couple running a boarding house for seminary students and missionaries, the Bartnicks, filed for a special recall election on several of City Council, then decided instead to put their efforts towards a lawsuit against certain Council members and staff for acting outside their scope of legal authority and for illegal lawmaking, including retrospective laws, a bill of attainder and the City’s triple religious discriminatory prosecutions. An unwarranted search and seizure escalated by Englewood’s top judge, Mr. Atencio, was included by the District Judge, and the City is compelled to Answer charges this month.
Another case was filed by an Englewood Developer on Ogden Street for the City’s intermeddling in a land deal, which ended up costing the developer months and money, which the City paid back in restitution to the tune of approximately $60,000.
Again, in the case where an Englewood industrial developer over shot his lot survey, and developed on a neighboring property, all approved by Englewood’s Building Department, the City is again defending its reckless disregard for your money at work.
This is the same government that asked for their two terms to be enlarged to three, and won the vote in November, 2009. This is the City Manager whose salary is $165,000, with added travel and vacation packages, and who just slashed your benefits across the board from street maintenance, snow removal and paving, to parks and staffing.
Bloomberg reported this week: “Hundreds of residents of one of the poorest municipalities in Los Angeles County shouted in protest last night as tensions rose over a report that the city’s manager earns an annual salary of almost $800,000.
“An overflow crowd packed a City Council meeting in Bell, a mostly Hispanic city of 38,000 about 10 miles (16 kilometers) southeast of Los Angeles, to call for the resignation of Mayor Oscar Hernandez and other city officials. Residents left standing outside the chamber banged on the doors and shouted “fuera,” or “get out” in Spanish.”
“The Los Angeles Times reported July 15 that Chief Administrative Officer Robert Rizzo earns $787,637 -- with annual 12 percent raises -- and that Bell pays its police chief $457,000, more than Los Angeles Police Chief Charlie Beck makes in a city of 3.8 million people. Bell council members earn almost $100,000 for part-time work.”
Yes, when citizens turn up and turn out their government, is when they see the shenanigans going on and figure out how the system works to correct the funny business.
Tabor and the Greening of Englewood
June 26th, 2010Link: http://www.eyeonenglewood.com
It takes green to make green. That is the theme of the latest Englewood's heated discussion and vote; Five to two, in favor of a flimsy lie. District 4 Gillit and District 1, Jefferson opposed. Englewood, however, was rushed. Englewood citizens are now indebted to pay Ameresco, a green solar company, for the next 20 years on a lease of solar equipment and a $1.00 purchase at the end of it (outdated and worthless by that time).
Does Englewood get the benefit of the energy credits from Xcel? No. Ameresco as the provider and installer does.
It was "sold" to the City by the promise of 1.3 million in qualified Energy Performance Bonds (QECB-) from the Government Energy Office (GEO) to benefit the City's lease-purchase through savings of $400,000 over the life of the term. Ameresco provides their own annual measurements and verifications of energy savings.
Sound anything like BP's arrangement with Halliburton and the U.S. Government to audit themselves?
Local chemist, Robert Cassidy believes so. He suggested, "Put a meter on the inverter. Numbers do not lie. No Ameresco measurement work is required for the sale of the equipment."
The deal is that Ameresco owns the panels until they are completely depreciated, but have been paid for many times over by the "lease" of them through Englewood taxpayers. Ameresco is only responsible for the panels by warranty, not for the bridge device. The average life of the bridge device is five to ten years, but Englewood will purchase that part in the deal, and can simply reinvest in a new one when it begins to fail.
Ameresco designs, builds, operates, maintains the system and will sell the output to the City of Englewood under the Power Purchase Agreement (PPA).
Call it what you will, it sure seems like this is the kind of shady deal, green or no green, that TABOR intended to protect the citizens from under Colorado Constitution, Art 10, section 20(4)(b).
On Monday night, June 21, 2010, Mayor Woodward, broke form outside his normal glibness, and became stealthily defensive when he claimed that nobody in Englewood cares enough about the budget to show up when there is the annual budget hearing. He then chastises the the individual who brought her concerns to council and calls her ignorant or an outright liar, twice. She is so offended she leaves the Council Chambers. Gee Whiz, Mayor Woodward! No wonder people don't care to express an opinion. District Representative Gillit said as much.
In the audience, a member of the Concerned Citizens group retorted, "You should publish it in the Englewood Citizen so that every household would automatically know about it and not have to pay for a notice."
Concerning the Breckenridge vacation that City Council is going on, City Attorney Brotzman bragged that he was going early to play golf. This was the first anyone had heard that several staff members were also asked and trips underwritten to attend the League of Cities vacation, not within the City's 2010 budget.
With the City Attorney being treated like the City's playboy, no wonder he missed reading the City Charter regarding the green expenditures and multi-year lease.
Yard Nazi Mayor Woodward
June 14th, 2010Link: http://www.eyeonenglewood.com
During June 7,2010 City Council meeting, the Denver Christian School requested a business variance to open a second hand store on Broadway. The history underlying this request is that the latest version of the Englewood code prohibited various kinds of businesses, including thrift. But in this economy, beggars can't exactly be choosers.
Senior Planner, Langon, suggested changes in the code to enable the School to open their store front. The only question there is whether the code should lighten up across the board, or whether the school will receive preferential treatment.
The School also requested a change to the square footage. Again, Council debated the advantages against the disadvantages, and several district representatives admitted that they had no vision for what was to happen along South Broadway, and did not talk with the business owners, but only amongst themselves. Olsen stated she was concerned that there was no real downtown plan, and also concerned about allowing a subcategory for nonprofits. McCaslin recognizing the limits of government in a unprecedented moment, suggested that it was more appropriate to allow the businesses themselves to determine such things, and that it was better for Council to let out the rope.(See Council Bill 11, See Item 11.b.1 discussion.)
Mayor Woodward, however, suggested that Council purchase a new set of aerial photographs for $5,000, at "a real bargain" and that further he personally used the photos for code enforcement issues against business and residential properties comparing the last photographs were taken. (Item 11-a.1. Council Bill 13).
"With a $39,953 loss anticipated this year,and a 2.5 million dollar deficit in the City, I am very disturbed about our cavalier Council," reported Rick Gillit after the most recent financial presentation at Monday's City Council meeting.
The votes are down the line, six to one, six to one, six to one, but District 4 Representative, Rick Gillit is sticking to his Mantra: "Stop Approving New Spending."
Mayor Jim Woodward's response seemed insipidly lacking in perspective when he said, "Well you know, back in 2007, we were really concerned, but we had a super situation and we came out on top." In 2007, Englewood was still rechanneling sales taxes from Cherry Hills and Greenwood Village. Englewood can no longer do that, so it must either amend it's spending or enact a higher tax on the people in order to make ends meet.
"I am very disturbed at this ongoing trend. It terrifies me that this Council just doesn't care." Said Gillit. Thankfully, Commissioners on the Board of Adjustments and Appeals stood up and took notice themselves in this week's Board meeting directives to the Englewood City Attorney, Nancy Reid.
In the BOAA meeting, two private land owners approached the Board because the present Englewood Code was inappropriate for their properties. Research performed by Commissioner, Douglas Cohn,was presented, showed that,
1. Englewood had originally drafted its zoning codes after Denver's zoning codes in the 1903 (Mayor Jacob Jones, and afterwards, with Mayor Daniel Sutton). These codes established the typical lot sizes as 25 feet and 37.5 feet wide.
2. Mayor Woodward had changed the entire zoning code (E.M.C)in 2004 off of a generated template from the Municipal League of Cities. This code replaced the old lot measurements with a minimum of 40 feet wide.
a. the template was geared towards new emerging cities, not
existing, and did not apply to Englewood's historic issues.
b. the new Englewood Municipal Code did not grandfather the
residents' pre-existing properties or conforming uses.
Therefore, all lot sizes under 40 feet wide are automatically
non-conforming in use.
c. The enacting of the new Code in it's entirety rather than
in smaller topical sections that had time to be reviewed and
researched in detail, violated Constitutional restrictions for
enactments.
d. Owners and developers are encountering logistical conflicts
in these last few years, throwing the City into numerous
lawsuits due to lack of foresight.
e. Owners cannot sell existing residences as a "conforming use"
and are forced to sell them as "non-conforming" uses at a loss
of value because they are under 40 ft wide.
Chairman John Smith III,'s ire was raised, as a multiple property owner and landlord in Englewood. He spearheaded the ensuing discussion and both of the residents approaching the Board for variances this week obtained their objectives. Chairman Smith and the Board of Adjustments and Appeals instructed City Attorney Reid to direct Englewood Mayor Woodward to revisit and amend the zoning code accordingly. The code is the Mayor's own yard work.
The Borg
April 9th, 2010Link: http://www.EyeOnEnglewood.com
"Cities of Service" is coming to a City near you. In fact, the invitation descended upon Englewood by way of the City Council packets this week.
After thousands of tax dollars sent City Council members to the National League of Cities last month, the League of Cities sent Mayor Woodward an invitation. Mayor Woodward approved of it and invited City Council to join him.
So, how does the Cities of Service describe itself? By a national invitation for all Mayors to manipulate their citizenry into the Single Collective. The call from Cities of Service is to employ all residents to volunteer for projects identified by the City itself "in dire need of aid."
Like the Borg, they travel through diverse civilizations and societies, assimilating their citizens into their own single collective mind. They insert microscopic nan-probes into your blood stream that travel around infecting your DNA, slowly transforming you into one of them. They are ugly.
"The worst thing about The Borg is that there is no individuality at all. Every unit is connected to the whole, and there is no capacity for individual thought or expression. This is feared most in a postmodern universe. Their infamous greeting of any species they happen to cross paths with is, 'We are Borg...you will be assimilated...resistance is futile,'" writes critic, Paul Vieira.
Is the Borg just a science fiction depiction of Nazi-ism and Cities of Service-ism? I've heard that Hitler was a winning politician who indeed charmed German youths with soundbites of cultural feel-good ideas that seemed harmless until he found you opposed them. Don't modern politicians get it? This post-modern era fears assimilation into any form of authoritarianism. We are skeptical even of forced charity work.
With the dawn of "Cities of Service", comes the defeat of your own personal choice to express your own religious style of human aid, political aid or your indifference to aid. It demands you be assimilated or face "high pressure sales" manipulations, or peer pressure humiliations for non-conformance to the City's agenda.
People only have so much time to donate to their volunteer activities, and they like to chose wisely. But, "We are Borg" has arrived in Englewood. What's a trekie to do?
Matt Crabtree? Mayor Jim Woodward?
October 25th, 2009Link: http://www.EyeOnEnglewood.com
A Halloween yard decoration witch crackles at my knees. “It only takes a few little beggars to spoil the stew!"… I am meeting up with Matt Crabtree on his early morning campaign rounds in Englewood.
“So Matt, with only seven percent of the vote in at Nancy Doty’s office, I thought I’d track you through the leaves and see what good you might offer for the people of Englewood.”
Matthew Crabtree’s open face begins to shine in the chilly open morning sun.
“I hope I can bring some.” He nods and smiles.
“What have people been saying to you on the campaign trail?”
“Well, it’s definitely been interesting,” he admits. “I put my contact number on my door hangers during the very first weekend, I got some hate calls where people would say to me, ‘I know you’re a right-wing conspiracy nut and I hope you lose!’ Then, they would hang up anonymously without even given me a chance to respond. That was unnerving.”
“Are you a right-wing… whatever nut?” I ask.
“No.” He says emphatically. “Actually, if you look at the political parties, I align with my opponent, Woodward, but political parties should not be the issue in a municipal election. Non-partisanship input should be heard on the issues.”
“Okay, let’s start with the only issue Englewood put on the ballot this election. Term issues. Isn’t City Council hoping for a third term? If you get in, wouldn’t that issue also work to your advantage?”
“I was sitting in the audience the night the City voted to add that to the ballot. I almost laughed when I saw the Council vote yes on it. Personally, I believe that adding another four years to their terms is just a third-world prank of dictators.”
“Wow. Third world? Why?”
“Well, it doesn’t help any political geography when there is no change over. Our country’s presidents don’t even get any more than two terms in office. It only reflects our Council’s small-minded attempt to maintain control. So no, even for my benefit. I just don’t believe a third term is a good idea.”
“You’ve done well for being the underdog, Matt. I certainly see a lot of your signs all over, Matt, and I saw your bio in the Englewood Citizen. It looked authentic and focused. Good for you. Anything you wish to add to that?”
“Well, I think all three of us, Rick Gillit, Doug Cohn, and myself are running on similar issues. And we need to get all three of us into Council to make the change over.
“Accessible government, will re-instill trust. A cut in budget spending in the right areas will bring about true value for taxes. I want to bring in more businesses to Englewood and work with people to achieve a better community.”
“Right now the Council has sat on their hands too long. They put requests from residents and businesses into a holding pattern.
“None of them have received any training from the City on the code, or how their roles interact with Colorado law. They have no idea how to research their own code or come up with creative and timely direction, so everyone suffers.
“It’s one thing not to require legal knowledge when you get elected. It’s just not acceptable to continue in that ignorance year after year. They have a job to do. It’s not just a social board. We can’t afford to have them remain ignorant year after year.”
“Hey, must be trick-or-treat in Englewood!” I laugh.
Matt clears his throat. “I’ve watched people actually cry in front of Council, begging for relief, and Council sits there enjoying the power they hold over them. That’s their response. The Mayor did not even know his own job description two months ago when a resident was asking for relief. The City Attorney had to cut into the Mayor’s response, and correct him… ouch!”
I agree. A Mayor should know his City code and his own job description. But, my feet are beginning to hurt and Matt still has ground to cover, so I ask, “Anything else?”
“Well, I think it’s backwards for Englewood to cut out the people’s parades, theater events, social items like fireworks, festivals and concerts as a means to cutting the budget.
“Those kinds of events create community. Great signage creates an interesting community. Community creates tax revenues. I want to be pro-active, not a small-minded micro-manager of someone else’s business.
I say, “Oh, did you hear that Mayor Woodward has some flyer out there telling people to call him before they vote for Matthew Crabtree?”
“Ha-ha, Yes I did. Someone I know in District One took him up on that offer, and called. ‘You know what Jim said?… He said the Appellate Court had overstepped its authority in Englewood and that is why Englewood lost the signage war on Broadway!”
“You gotta be kidding.”
“No. I’m not. City Council, in my way of thinking, should be servants of the law. Not the other way around. The present Council thinks they can do anything they want just because they are “Home Rule".
“I actually believe the Constitution is still alive, that Colorado statutes regulate Home Rule and that Englewood’s City Charter holds the limits for our code. If our codes come up against those laws, then they are wrong, and I hope to lighten up the load legally on our businesses and residents when I’m on council.
“Well, I hear you are making friends on the campaign trail. Keep going to those neighborhood parties and just enjoy the process buddy. I gotta go to work.”
Matt shakes my hand firmly. “Me too.” And shouts at my back, “Have a happy Halloween, Bill!”
Rick Gillit? Wayne Oakley?
October 13th, 2009Link: http://www.EyeOnEnglewood
I caught Rick Gillit between Real Estate appointments, and found the man able to close a deal.
"Okay, Rick," I say, "Let's cut to the chase. Your bio in the Englewood Citizen doesn't offer up much about you beyond your private life. Why?"
"Well, there's a lot of negativity going on in Englewood right now and I kind of wanted to separate myself from that."
"Meaning, what? The City's intrusion into private business practices or the debacle on Pearl Street?"
"Aw, come on, now." He says. "I think that thing over on Pearl is an anomaly. The Bartnicks have some nasty people for neighbors. That doesn't mean the rest of the City is like that. Englewood is better than that, and I want to focus on the positive."
"But you agree that diversity should be allowed in Englewood, including boarding houses?"
"Funny thing. I think Mr. and Mrs. Bartnick believe it's about mixed races living together, and that is certainly the way the City Council prosecuted them, but I think the whole thing was more about small egos who were jealous of that house they built. It's a very nice new house."
"One of the things I read about that issue and you was over a year ago. You appeared at City Council on the side of the boarding houses. Why?"
"Bill, again, I felt those students were harmless. They weren't a frat house. They lived with the Bartnicks. They hadn't done anything wrong, and there is the humanitarian aspect that my wife and I believe in, so we supported. But, just last week, I had some lady who sits on the Code Enforcement committee chase me to my car taking pictures of me and my car saying, "I know who you are! I don't want your election crap!" Frankly, the woman's venom frightened me. City council really handled this thing poorly."
I test him. "Gillit, you gotta know it was a single family neighborhood. Concerns are raised..."
"Look. I'm in the real estate business, and so is Mayor Woodward. He knows and I know that single family housing means a house built in a structural style that allows for a family to live there. It doesn't mean someone with a four bedroom house can't rent out the empty rooms to three seminary students. It just doesn't. The City overstepped."
"Then there's that issue like the sign code thing that showed the present City Council was on the wrong side of the law. You're a proponent of free speech. Why don't you capitalize on that?"
"Yeah, exactly." Says, Rick. "But you gotta be sensitive to parents too. It's a touchy issue when pot smoking Alice in Wonderland murals are allowed within the meaning of free speech. You can see why the idea of heavy regulation and government controls appeal to some who don't know how to discuss these things with their kids."
"That pot smoking thing. It's another hot topic for Englewood with medical marijuana pharmacies isn't it?"
Rick grimaces and rolls his eyes. "Yeah, my district 4, at the south end of Broadway is being called, "Broaderdam. That's what I'm hearing as I walk the district."
"What can you offer on that one?" I ask.
"My thing with that is that it's already legal. I'm not gonna argue with the law in Colorado. What I want to do is help protect the property owners who might have their buildings confiscated by the FBI if the pharmacies overstep the law. We don't want to see more empty storefronts all over Broadway."
"Do you have any plans along that line?"
"Sure," says Rick. "And, I think that they shouldn't be zoned in with the pawn shops. They should be zoned like other pharmacies in Englewood...or like liquor stores."
"So, tell me about the dog issues Rick. Seems Englewood continues to argue about dogs year after year. Can you pull the City off of that hill?"
"Absolutely." Rick crosses his arms. "I have dogs. I know they need to run. But we can't have them scaring the elderly or the children, or people with disabilities. They need their own park."
"You're gonna make that happen?"
"2009? Why not? The Council seems to think it's the vote of the majority that counts. The one with the biggest stick. I think the City Council is afraid to step on each other's toes. Wayne Oakley has said outright, I think twice on Monday nights, that he won't vote against Jill or Woodward. I can vote my conscience."
Teaching the Young about Elections
October 3rd, 2009Link: http://www.EyeOnEnglewood.com
New meaning has been given to this phrase during the election period in Englewood. One night last week, City Council challenger’s signs (Matt Crabtree and Rick Gillit) West of Broadway mysteriously disappeared off of their supporters’ front lawns.
When Rick Gillit found his signs posted all in one yard, he called the police for permission to remove them.
When the Englewood Police arrived on the scene, the local high school coach also drove up asking the police not to make out a report because it was just a cheerleader’s prank and was supervised by adults. The police explained that the so called “prank” was actually trespass and theft.
Police also explained to Mr. Gillit that only the persons whose signs were stolen could submit a formal Complaint. Yet, the signs continue to disappear all over town, including Doug Cohn’s in District 2.
A concerned citizen then requested the Englewood Herald to report the underhanded electioneering activities of the present City Council supervising and instigating the thefts and trespasses, then discounting them as “pranks”.
The reason this activity is much more than a “prank” is because challenging candidates are to be permitted equal access to obtaining office. Citizens are to be provided equal opportunity to the issues through advertising or the entire election may be overturned and the funds spent on this election wasted. Being impeded by Council members who have just voted to allow themselves a third term in office, is not just a prank. It goes to the heart of a republic (under law) and democracy (informed voting).
In 35 years, will these pretty young heads and buff wrestler bodies waste away into mirrors of their mentors?
Take another look at these “mentors.” They have just lost an important Constitutional battle against taking of private property. They have been accused of corruption and malfeasance of office.
Mayor Woodward and Bob McCaslin have been served with an Arapahoe County District Court conspiracy case, together with City Manager Sears and Attorney Brotzman and Judge Atencio. These charges do not depict “responsibility or commitment” but are very serious charges of mismanagement, violating the City Charter and ordinances, wasting taxpayer’s money to ruin individual’s lives whom they dislike or who may have recourse to unseat them, and laziness in training or implementing policies to protect Englewood residents and business owners.
Yesterday, the Denver Post published an article detailing the Constitution does still rule over Home Rule. The present City Council’s choices to take private business property rights was overruled by the Supreme Court. It’s time some shoulders were shaken and some legal advisers were fired. It’s time for a full turn-over of those who govern Englewood as a body.
Gothic Master
August 22nd, 2009Link: http://www.EyeOnEnglewood.com
If Steve Schalk and Jon Cook have their differences, these developers agree on one thing. With the present economy, and business lagging on Broadway, Englewood’s signs, banners and mural codes need an overhaul. Mr. Schalk (pronounced shock) is the owner of the Gothic Theater and also Moe’s Barbecue and Bowling Alley near Dartmouth. Cook's newly developed business at Yale and Broadway hosts Colore! Italian cuisine.
On Monday evening, Council was treated to an entourage of complaints from unreasonable sign codes to moms, dads and little kids about dogs rushing them and jumping them in parks. Apparently, the city has decided not to intervene in the parks between unleashed dogs and children by putting up fences. They cited expenses for this consensus. But, a father, also appearing as a professional educator, addressed the liabilities the City would incur if even one child was bitten, and they had not chosen to protect humanity above the beasts.
One mother reprimanded Councilwoman Wilson for physically turning her back while an honor student presented a video on unleashed dogs at last Council’s meeting. Wilson apologized and said she was only searching for something in her purse.
Between these complaints, was an attorney representing the medical marijuana industry warning them about their vote on a moratorium and offering his legal aid free of charge to develop appropriate ordinances.
Laurette Barrantine addressed council on their ethical abuse of Citizen seats on boards and commissions stating the conflict is not just one of finance, but of power and the appearances of undue influence. She tried to clear her own name as the Council had previously claimed she had held a seat on Code Enforcement herself during her term on Council. She stated that yes, at first, this was the case, until she recognized there were ethical issues, and resigned from the board. She challenged both the Mayor and also Jill Wilson to take the high road and accused them of defaulting to what City Attorney Brotzman informed them they could get away with.
Another interesting spokesperson was Laura Bartnick representing her household as a Small Group Home, and requesting the Mayor use his trump card to set the City’s reputation aright or else send her an official letter to specify as to what “full compliance” with the City's remaining two regulations would look like. Her boarding house won two and lost two which didn't get dismissed yet the implications of it are still unclear. Her comments included that the City has not been forthcoming with codes or communications over the two years she has been seeking their help. She related to me that the City’s intention has never been to grandfather in their home, and it has been an unending expensive game of chess or cat and mouse.
There is an old adage, “Just when I found the answers, they changed all the rules.”
During Mayor’s choice at the conclusion of a long evening, he responded that it was unfortunate, but because the City was a Manager Council run government form, that his hands were tied as to the municipal court findings, and he could not see how he could help the Bartnick household.
Attorney Brotzman leaned over and whispered loud enough for the audience to hear, “Yes, yes you can.” (Listen to Mayor at bottom of the page).
A spectator commented, “Does anyone know who the Mayor is here? Because it doesn’t seem like he knows who he is or what power he has.”
If Mayor Woodward gets re-elected this year, he will have served more than two terms on council and by the time he is finished he will have tucked 10 years under his belt.
Well, it was almost midnight and Cinderella and I were both about to turn into pumpkins, so I hit the road.
An Impromptu Presentation from Jon Cook
August 6th, 2009Link: http://www.englewoodcitizens.org
Allow me to introduce you to Jon Cook, seasoned Englewood entrepreneur and developer. Just before Monday's Council meeting, Cook contacted Council Woman, Jill Wilson, and asked to speak with the City. During her Council's Choice section at the end of the meeting, she did her job and introduced him to speak.
A discussion hotly ensued in which Councilman, Bob McCaslin whined about not being warned before the meeting that Mr. Cook wanted to present, and that no-one knew what he planned to say. Then the discussion turned to procedural issues as to whether Mr. Cook could speak during Council's Choice, out of order from where residents are normally allowed to participate. A vote was taken, and Council asked for it. Jon Cook presented to council regarding a incident that occurred, where a representative from the Englewood Community development department made several harassing remarks to Jon Cook and the owner of Colore restaurant.
Colore, is a great little restaurant at Yale and Broadway, staffed by it's owners to ensure the quality of the food and the hospitality to its customers. When I visited there myself this month, I thought, "Now Englewood will give Pasquini's a run for their money."
But the developer, had his tenants, Colore, down his neck after Tricia Langon came with her arrogant ultimatums, "We can do this the easy way or we can do this the hard way." Apparently, there was no other way she offered to do them.
She was talking about an advertising banner being taken off the building when she slapped her card on the counter. Colore owners responded, "But our landlord told us we could do this."
Her response? "We at the City know all about Jon Cook and we have our issues with him."
Colore immediately ragged on Jon Cook for bringing them into Englewood's domain just to be unfairly treated. After all, as Mr. Cook pointed out to Council, there are storefronts and grocery stores with banners all over Englewood.
Jon Cook ceremoniously handed back Langon's "calling card" to Mayor Woodward, looked at Bob McCaslin and said, "If you have an issue with me, then why don't you call me? My name is plastered all over Broadway with open buildings for lease.
I did exactly what you guys wanted. I gave you the kind of Welcome to Englewood Building you've been asking for. This should be a time of celebration for us...implying that Community Development had ruined it for them.
"But, this isn't the first time Tricia Langon has interfered with us and threatened us," he testified. It is indecent and backwards.
Jon explained many of the reasons why businesses are reluctant to move to the City of Englewood. He also stated that until Ms. Langon is fired, he will no longer be developing properties in the City of Englewood.
City Manager Gary Sears denied that Ms. Langon worked for him or that he had any control over her. He also stated that many complaints come in about various City employees, apparently trying to downplay the incident.
Mr. Cook stuck to his mettle though, and reiterated that he is sick to death of the inhospitable nature of the City. He is finishing up one project and not starting another until the City rascals clean up their acts.
Rick Gillit For Council 2009
July 23rd, 2009Link: http://www.EyeOnEnglewood.com
John Moore, District 2 Council Representative in Englewood, cut off Candidate, Rick Gillit's presentation this past Monday during his presentation to City Council regarding John Moore’s flip-flop routine on a variety of subjects. John stated that Mr. Gillit’s 5 minutes were up, and that he would respond later in the evening to Mr. Gillit’s “campaign tactics”.
Mr. Gillit complied immediately, though his humiliation was felt by the tense audience. Mr. Gillit did however rebut the glib insinuation that his interest in civil ethics was merely a campaign gimmick. After all, Rick Gillit has been representing the people of Englewood and their concerns with this Council’s unethical practices in budget, code irregularities, open meetings issues and real estate grandfather problems for well over a year.
Suddenly, since he has declared himself as a District 4 Candidate for Change, Mr. Gillit is being shut down or threatened by the City bouncer. A police officer standing by is ready to physically remove any resident who does not finish his or her presentation in the time allotted, and ousted from the Council Room and charged with “Disrupting a Lawful Assembly.”
When Rick Gillit was asked how he felt about John Moore's political strong arming, he responded, "John Moore accused me of using Campaign Tactics. Too funny. I have been presenting for two years and been a candidate for over a year but now he accuses me of using campaign tactics".
The problem with threats and rancor from Council is that no-where does the City Charter or City Ordinances mandate that a citizen who appears to present an issue must be limited to 5 or even 10 minutes. These times are arbitrary and are utilized by Council to Intimidate and Abuse (in the criminal sense) those who express disapproval.
Colorado Revised Statute 18-9-108 defines “Disrupting a Lawful Assembly” this way. “A person commits disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting, procession, or gathering, he significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.”
In other words, intent to prevent or disrupt a lawful meeting is a required element of the offense. Even if Mr. Gillit had engaged in some kind of campaign tactic, this is not a lawful reason for Mr. Moore to shut him off and close down his presentation so rudely.
In other situations, this same Council has permitted a group of presenters who were unsure of what to say to stand up and give their allotted time over to one teacher, Pearl Street resident Gregg Alan-Pickett, who was used to giving professional presentations. Council allowed Mr. Pickett to present slander against law abiding residents of different color, race and religion, why? (May 5, 2008 minutes) Because he was serving the Council’s particular end to outlaw “Poets’ Rest” a private residence for students in Englewood.
When it came time for rebuttal, however, Mayor Woodward chose to utilize undue influence and interrupt and shut down a foreign student's presentation who resided in the home and stood for Poets’ Rest, why? (September 2, 2008 minutes) Because he was opposed to Council’s intent to remove the residence.
Process is important when reviewing the facts, and hearing out the full concern of a resident is the only fair thing to do. Will the November 2009 Elections in the City of Englewood may be able to unseat the rancor of power that has existed of late?
A candidate who has exercised his own private investigations into facts of the issues might prove to be a dependable alternative to the status quo. Elect Rick Gillit. Electric Gillit!
Monday, Monday
July 11th, 2009Link: http://www.englewoodcitizens.org/
la,lah...Always turns out this way....
While listening to the minutes on the http://www.englewoodcitizens.org/ site, the McCaslin charade about championing the new cat leash law for resident's wayward domestics had me in a fit of tears. Bob's Comments How can the man take himself seriously? Is McCaslin going to run on this Cats-On-Leashes platform?
Then came the discussion on picking up strays and neutering or spading them and letting them go back to their neighborhoods after. "Because of course, they have their purposes catching rodents"... Was that Wayne Oakley?
Jefferson demurred that he was "only concerned about the humane effects of the traps." Jefferson's comments.
Cats are like people in that they cannot reproduce to catch rodents if you sterilize them all...crazy little fact of nature. Is Englewood on a hidden mission to eliminate cats? The nature of cats and dogs are different, is that too obvious to mention?
But, it could be a value for dollar to take your cat's collar off and let the city sterilize it for you. Or, perhaps you are a concerned citizen who believes this secret sterilization is a bizarre budgetary line item in the City's policy expenditures.
After this, Matt Crabtree addressed Council with concerns about the enormity of funds given to Community Development.
Mayor Woodward replied (during Mayor's choice at the end of the meeting) that he is offended that he has to explain himself, and is getting impatient with his feet being held to the fire. I found his comments a little catty. Perhaps he hadn't realized that by this time, Council had switched subjects.
It occurred to me how much better Englewood City Council is for weekend entertainment than any other vice out there. Well, maybe you'd best get a few beers before you sit down.
Because then came District 4's candidate for change, Rick Gillet's, articulate complaint regarding Council Woman Jill Wilson's double duty as a member of the Code Enforcement Advisory Committee as an ethical conflict
1) for taking a seat that a citizen might better serve on,
2) for using undue influence and her power as a City Council woman with inside information flowing both directions,
3) for the public perception of undue influence.
Responding to Mr. Gillet, Mayor Woodward and Councilman Oakley, each stated that yes, they could see how there might possibly be a conflict, but he and Oakley were hesitant to deprive Councilwoman Wilson from her seat as she is their friend and associate and they believe the best of her. Oakley specifically stated that he believed undue influence was not the same thing as abuse of power. After all, Wilson only gets the same singular vote as the next volunteer board member.
What they failed to address was the fact that Council's interests in reporting on citizens for code enforcement (I)nformation or action by way of (S)ervice has trebled in 2008 compared to the 2007 record of Council Requests, and it has doubled in 2009.
The facts show that Wilson's influence has indeed grown in both directions, not only her opinions to the Code Enforcement Advisory Committee, but also directed from the militant power of Counsel against specific addresses and named residents.
When she asked City Attorney, Dan Brotzman, whether she could ethically vote for herself, he advised her that she could do so as long as she didn't believe she would be gaining anything economically from her vote for herself.
Thankfully, Rick Gillet is a candidate for District 4, up for election this November, because he has the courage to go to bat for a more accessible government in Englewood and are up for November Election. When it came down to a vote of the present City Council, Jill was still sitting on both Council and Code Enforcement. Council discussion and vote.
When I reviewed the 16 pages of Council's Requested Actions from 2007 onward, I realized that this Council has not been interested in drug abuse in the City, home foreclosures, increasing services or benefits to the public, or working on creative avenues to fill the storefronts.
Page after page is filled with hundreds of line items of Council members reporting on Citizens for Code Enforcement issues and requesting legal or police action. Perhaps your address is on this list?
As to finances, there is no special line item budget investigation requested, nor is there a request for background on any special funding or increase in staff salaries.
No-one on City Council asked for legal or civil investigation on the boarding house issue they enacted the new statute and ungrandfathered the current law abiding residents according to whim in 2008, nor did they investigate ways to resurrect the Englewood Parade.
Council did succeed in making residents so angry that on 2/11/08, Council requested information about how to provide security for their own council meetings.
On 3/24/08 McCaslin proposed a (S)ervice to "fine citizens without Court appearances," deeming them "Code Violators" without being given a chance to plead and defend themselves, to have a trier of facts in a fair trial. Bob, it is called the right to face your accusers. It is called "due process."
On 04/07/08 Wilson requests (S)ervice on EEF/EMRF Ordinances.
Recently Council members even requested and voted into approval a designated Code Enforcement person to attend to all of their personal complaints, including evenings and weekends.
On Monday evening, Council brought forward their "bucket" for holding new names on their power trip lists. They voted to extend their term limits from two years to three. Now, in November elections, Citizens get to vote on 12 full years of this Council's personal vendettas against them. By that time, they will hold a very full bucket indeed.
Council Member Bob McCaslin provided a motion for Council Bill No. 30, a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next regularly scheduled municipal election a proposed amendment to Article III, Section 22, “Terms,” of the Englewood Home Rule Charter.
Council Bill no. 30 is a measure to extend the term limits of each council member from 2 terms to 3 terms. This measure was brought forward originally during a Study Session by Bob McCaslin on January 26th.
Are you on City Council's list? Did you get a surprise visit from a Police Officer on or about the 4th of July to warn you not to set off fireworks in the City this year simply because you were on their list from last year? Dum, da da dummmm.
Which is it, Figurehead or Forefathers?
June 1st, 2009Link: http://www.englewoodstory.com
Last year, in the commemorative week for the Constitution, while City Council was at table to vote on a highly unusual Bill 38, Series 2008, the new Englewood boarding house ordinance, Mayor Woodward spoke up.
“Mayor Woodward said I find it ironic that the second item says 'whereas it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve and defend the Constitution against all encroachment' -- and it goes on. With what has been going on over the past few months, it just kind of hit home.” [He does not specify how it hits home in this case]
He, living as a man without his children, does expound in the September 15th minutes on page 14.
“I certainly believe that R-1 Districts are single-family residential districts. That’s what they were intended to be, that’s what they were prior to the UDC, that’s what they typically are…they are for families…. I tend to believe that… again, as I stated, boarding or rooming houses in future R-1 zone districts are not appropriate.”
Apparently, Mayor relies on an interpretation that single family districts should include him without encroaching onto the Constitution, but they should not include others without children, living in another big 4-bedroom home. Perhaps he believes homes are for appearances, but not for living in.
His definition of “family” fails to include himself. It is all very confusing, as is his understanding of constitutional rights.
Previously another Mayor, Olga Wolosyn, commented during the same commemorative process that the Constitution was “an elegant document.” Both comments give pause for reflection. Mayor Wolosyn’s because she was a known patron of the arts in Englewood, and to her the Constitution was a stylistic commemorative art piece.
Mayor Woodward’s thought processes gave him pause before he did a bad deed. The act that Council was about to undertake seemed wrong to Woodward, as it did to Council Member Oakley.
Thus, Constitutional nods appeared to cause Council to repent of their sins, go back to the drawing board, and correct the errors apparent. Woodward and Oakley presumed it permitted the boarders in the targeted boarding house a safe keeping from eviction.
Woodward admitted, “In this particular case, I do believe that there should be a grandfathering of this particular [unrelated family] that we know of.”
Untold to the Mayor, a new plan had already been drawn up by Council Member Joe Jefferson, the budding attorney in the group. In a calculated slight of hand attributable to the “tyranny of the urgent,” it was proposed the same evening; like a wolf in sheep’s clothing.
This proposal afforded a new grandfather condition for the targeted boarding house owners so that they could have an exception to the new boarding house rule if they could prove to the City Manager that they had obtained a final inspection on their home.
To the average citizen, the condition appeared reasonable, and a certain group of concerned citizens celebrated over beers that night.
Only the City itself and the boarding house owners were privy to the truth: In January, 2008, eight months earlier, the City had flat refused to act on their duty to provide a final inspection to the homeowners.
Though pleaded with, in person and by correspondence, the City Manager and a quorum of Council members had already conspired to interfere with fiscal relationships between homeowner and bank; homeowner and sub-contractor’s wages due.
The Catch 22, under the guise of Constitutional goodness and fairness, was that the City, having breached its duty to homeowner’s holding permits (contracts), now made the homeowners liable for the City’s breech in court.
Clever bunch, that.
Homeowners were thereby defrauded of their property rights…elegantly.
My question is: the authors of the Constitution, were they political idealists or did they actually compose a document to compel safety and freedom from tyranny?
When I consider the carnage in those forefathers’ existence, those who had lost fathers, brothers, sisters and mothers to political wars in the name of Catholicism, who had escaped raids, wars, beheadings, survived starvation, endured separation from loved ones, embarked on meager little ships as human cargo from Europe to American soil, then having a third of their survivors perish during their first Winter—all this, for what?
They traded all to ensure the dearest possession of freedom of expression, freedom of religion, and the opportunity to own and work their own land free of tyranny. They went so far as to provide it for even their enemies. Justice for all.
There is a famous story about a woman asking Benjamin Franklin what kind of government the authors of the Constitution had give the people. Benjamin Franklin replied, “A republic, ma’am, if you can keep it.”
Are these the words of an idealist or a pragmatist?
Are the words of the Constitution something to be exploited by Englewood’s government during Constitution Week by people who have no concept of the weight of the words on their shoulders?
Sometimes people get elected because they are crowd pleasers. They seem harmless until they are given responsibility, because they have not yet learned vested wisdom.
The molestation of the highest law of the land is not the defacing of a figurehead, but the degradation of everything our forefathers sacrificed for.
O Grandfather, Where Art Thou?
April 29th, 2009Link: 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
