Wednesday, March 02, 2022

Last Post Repaired - Now It's Just the Leash Laws

[ UpdateMarch 3,2022  11:30pm -Whoops. I meant to only put up the part about the leash law enforcement.  Not these other notes that weren't finished.  But I somehow copied them to here as well.  I'm going to edit them out of this one and put them up in the next post.  Sorry. ]






The top of the sign says, "Leash Laws Strictly Enforced."  I looked around,  There wasn't anyone in sight and I couldn't help but think:  "By whom?"  

I'm all for leash laws.  It made me think about how people ask/tell other people what to do.  I'm guessing this was written by a very rule oriented person.  The kind who is a stickler for all the rules to be followed.  They tell us about the rule with a threat.  

Now if there was an enforcement officer in this park most of the time, I could better accept the sign.  But when you put up threatening signs that don't have much in the way of teeth, it erodes people's obedience.  

In this situation, "Please keep your dog on a leash" would probably be more effective.  

So, are my instincts here correct?  Or is this just my opinion and not backed up with evidence?  I do ask myself these questions when I blog.  And so I tried to find someone who had studied this and had more concrete evidence. 

The National Canine Research Center does address the issue, sort of.

"Effective Policies clearly describe the standards of Responsible Pet Ownership practices expected by the community from all dog owners. They also outline behaviors that the community will not tolerate from dog owners.

Which Policies are Effective?
Laws that govern responsible pet ownership, including: licensing, vaccination, and leash / confinement laws are effective.

For example: Calgary, Alberta enacted a Responsible Pet Ownership By-law in 2006 that focused on community-wide support for basic responsible pet ownership behaviors, including humane care (providing proper diet, veterinary care, socialization and training), humane custody (licensing and permanent ID), and humane control (following leash laws and now allowing a pet to become a threat or a nuisance). Through defined goals, support, public education, and incentives, Calgary achieved an unparalleled level of compliance, as well as record lows in total reported dog bites through 2012."

Education and getting voluntary cooperation rather than threats of "strict enforcement" is the focus.


"While fines can certainly deter people from leaving dog poop behind, they might not always be the answer. As we’ve seen in Chicago, community involvement may be an even better solution as it calls on people’s sense of duty and responsibility to keep their areas safe and clean. Signs are an excellent way to communicate this message and serve as a gentle reminder to clean up after your pets."

They seem to prize humor over threats.  But this comes from a company that makes and sells signs, so it needs more research.  But if it's a successful company, it would try to sell the most effective signs, and these are in line what the National Canine Research Center recommends.  

 

Tuesday, March 01, 2022

People Who Want To Be Themselves VS People Who Are Hiding As "Normal"

This was not at all on my agenda for today.  But then I saw  this Guardian article:

". . . Kids like Seph bring into sharp focus what it means to be male, female or something else. There is still widespread belief that minors with gender dysphoria – the clinical term for the distress caused by a mismatch between a person’s sense of their gender and their birth-assigned sex – should not be encouraged to transition. At least eight states have proposed bills that would criminalize doctors who prescribe puberty blockers or hormones to trans adolescents.

On one side of the debate are people who think Seph’s gender dysphoria will fade by adulthood. On the other are the vast majority of mental health professionals who study gender dysphoria insisting that affirming a child in whatever way they express their gender is beneficial to their mental health. . . ."

Here's my proposal on this topic, a different way to think about those opposing transgender rights.  Well, it's not really that different from what lots of people have already said.  

On the one side we have transgender human beings.  People whose physical signs of gender are either ambiguous or are in conflict with their mental sense of themselves.  (And probably a number of other variations of a theme.)  Their desire to dress, walk, adorn themselves, and the activities they want to participate in, with the people they want to be with, all that and more, doesn't match society's norms of how they should do those things.  

On the other side we have 'normal' people who find transgender human beings wanting to be themselves, a horrible, terrible thing.  Why?  The constitution says nothing about how people should dress and act.  It does say people have the right to pursue happiness.  Why interfere with another's pursuit of happiness?

We do have limits on pursuit of happiness - mainly when those pursuits do harm to other people.  But what harm do transgender folks living their lives honestly do to others?

I'd offer two interrelated reasons:

1.  It violates their world view.  People may like to change their cars or their clothing, but they don't want to change their fundamental views of the world.  Changing cars still confirms driving.  Changing clothes still confirms wearing clothes.  But changing genders violates people's fundamental binary belief system - male/female, good/bad, black/white, true/false.  A bright student of mine who was also raised Fundamentalist, told the class that he opposed homosexuality because it was wrong in the eyes of his church.  When challenged by other classmates, he finally said:  "The word of God is infallible.  It's a whole package.  If it's wrong about homosexuals, then the whole package falls apart."  

If transgender people are allowed to be themselves openly and society is more accepting of them, then their own world view is challenged.  Worse, their children get to see challenges to that world view.  

2.  It violates their personal view. 

 Let me tell you about another student.  He looked good, dressed well, spoke well.  But his papers didn't work.  I don't remember exactly what was wrong, just that I marked them up a lot, pointing our lack of supporting details and that what he was saying didn't sound authentic.  Things like that.  

He made an appointment to see me.  He told me he'd had a difficult childhood - again, I don't remember the details.  But he said he carefully watched the 'successful' people and remade himself in their likeness - the way he dressed, the way he walked, the way he talked.  Everything.  Until he passed for 'normal' and 'successful.'  My comments on his paper were, he said, pulling all that apart, exposing the boy he was running away from.  And after talking to his therapist, he was dropping the class.  He wasn't ready to face that or to have someone else (me) see that.  I told him I was sorry, but that I trusted his and his therapist's judgment.  

I think there are a lot of people living like that in the world.  They are disguised as 'successful' people - that is people who look and act like society's norms would have us look and act.  We have so many people hidden behind facades.  

For some of them, maybe many, people who defy society's norms because they are too oppressive are threatening.  They threaten their world view and they challenge their personal view.  That was true of gay people.  It was true of women who wanted to be more than a housewife.  Of African-Americans who wanted to be treated the same way white people are treated.  

Some closeted gays have been outed for being more anti-guy than the norm.  People have said they did this to hide their own internal struggles with their sexuality.  

But people can be hiding from lots of sources poor self-images - abusive childhoods where they were never good enough for their parents.  Or they grew up in poverty whose tendrils still pull down their self image. Or they weren't thin enough, tall enough, pretty enough, smart enough, articulate enough, or 'enough' in any of the countless ways our society tells us we have to be.  

"According to the latest annual statistics from the American Society of Plastic Surgeons, nearly $16.7 billion was spent on cosmetic procedures in the U.S. in 2020. (From Baylor College of Medicine)"

A July 2019 Business Insider article reports 

"The beauty industry is growing faster than ever before. Today it's valued at an estimated $532 billion and counting," 

Another 2019 Business Insider article  says:

"The U.S. weight loss market is now worth a record $72 billion, but the number of dieters has fallen, due to the growth of the size acceptance and body positivity movement."

We could add the money spent at gyms and in therapy and any other kinds of businesses that make money off of people's poor self-image, businesses aimed at making people 'normal.'  

That's not to say there aren't legitimate reasons any of these activities.  But a certain percentage of people who pursue these things would just be better off in a society more tolerant of differences.

And for those who can't make themselves look successful, there's alcohol and drugs to dull or even to escape reality for a while.  

REMI reports that people in the US spent $253.8 Billion on alcohol in 2018. But it's important to remember that about one-third of adults don't drink at all, and many drink relatively little..  Others very moderately.  I'm having trouble finding numbers that divide total expenditures on alcohol among different types of drinkers.  But there is:

"In 2019, 25.8 percent of people ages 18 and older (29.7 percent of men in this age group and 22.2 percent of women in this age group4) reported that they engaged in binge drinking in the past month,4 and 6.3 percent (8.3 percent of men in this age group and 4.5 percent of women in this age group5) reported that they engaged in heavy alcohol use in the past month.5"

And then there's the amount paid for illegal drugs - about $146 billion in 2016.


Basically, there are lots of signs that Americans are not happy.  I would suggest that many, if not most, are living lives, in Thoreau's words, of quiet desperation*.  Seeking to survive not just the physical world, but the social and political world.  

I'd suggest that those most desperate to 'fit' are those who are most inclined to attack those who are true to themselves.  Honest, open people threaten them.  They also make them conscious of the fake lives they are living.  I can't prove this, but I throw it out as something to consider and study.  

We should all be striving for a society where all people have not only 'the right' to pursue happiness, but the actual opportunity to do so.  

And, of course, there are the scavengers of the GOP who are always looking for fears to exploit in the next election.  

After I did the first draft, we went to the Bainbridge Art Museum and I saw these two words juxtaposed in one of the exhibits and it seemed meant for this post.  




*Iddo Landau takes exception to the broadness of Thoreau's comment, but does acknowledge, too, a number of points I make in this post.

Saturday, February 26, 2022

It's Hard Not To Focus On Ukraine - Two Good Videos

 We're all caught up in the real life drama of Ukraine, in a way relatively few people were during the impeachment hearings when Trump's phone call with Zelensky was discussed in detail.  When Trump held up Javelin missiles until Zelensky promised to dig up dirt on Biden's son.  

There is so much to say.  And so much has been said.  Really, Republicans, when are you going to figure out how you to quit Trump?  The man who calls Putin a genius.  That truly sums Trump up - it's all about winning or losing.  There's no morality involved.  If you can take it and get away with it, it's all good.  

This first video is a bit of very slick marketing.  But all I'm reading and seeing these last couple of days suggests it's the right message - of people fighting for the survival of their country.  Not to destroy it. This is February 2022, not January 6, 2021.                          



This second one is to give you a smile.  And let's hope that Zelensky is alive and well to show us what a good dancer he still is next month and next year.  






Friday, February 25, 2022

" . . .time made truth of what appeared to be"

A young girl, in 1921 Ireland, disappears.  Some of her clothing was found at the beach near her home. After much searching, there is no body found, just the evidence left on the beach.  

"As the surface of the seashore rocks was pitted by the waves and gathered limpets that further disguised what lay beneath, so time made truth of what appeared to be.  The days that passed, in becoming weeks, still did not disturb the surface an assumption had created.  The weather of a beautiful summer continued with neither sign nor hint that credence had been misplaced.  The single sandal found among the rocks became a sodden image of death; and as the keening on the pier at Kilauran traditionally marked distress brought by the sea, so silenced did at Lahardane*."

William Trevor,
The Story of Lucy Gault
But the reader knows better than the other characters in the book.  The clothing and that sandal were snatched by a 
dog while the girl was, in the author's  word, 'bathing' in the ocean.  In fact the girl is angry at her parents because they have decided they must leave the only home she knows.  They haven't told her the reason they are leaving - an attack on their house by young Irishmen with petrol cans.  Other large rural homes have also been attacked and other land owners have left.  


But my attention today is this phrase "time made truth of what appeared to be."  Read it a couple of times.  What appeared to be.  The incidents in the book took place in 1921.  

Today truths don't accidentally lead us astray.  They are meticulously created to lead us astray, to divide and conquer.  Fox News repeats them over and over until time makes truth of what appears to be.  Even to the extent that other media repeat the claims. They are designed to trigger our fears, to weaken us.  And we know that Russia plays a role in this exercise that most of the Republican Party is afraid to confront.  Few GOP politicians have the ability or the courage to challenge the lies the party is using in an attempt to fool enough voters into voting for the GOP.   

As I watch Ukrainians face the aggression of Russia, I see a courage that we see rarely in the US these days.  As I see the videos of Russian people protesting the war, I see a courage much greater than is required of most white Americans when they protest.  And when I see President Zelensky vow to stay in Kiev and lead the opposition to Russia, I see a courage that, for instance, my junior Senator doesn't come near to having.  He won't even risk an election five years off, to publicly voice opposition to, say, to vote to impeach the man who called for an insurrection to overturn the election.



*I've looked up Lahardane.  Such a place exists, it's on the ocean in the book, but not on maps.

 

Thursday, February 24, 2022

Ukraine President Zelensky's Speech


Ukraine's President Zelenskyy gave a speech today, starting out in Ukrainian and then switching to Russian to address the people of Russia.  You can read a translation of the whole speech at Lawfareblog. 


Below is part of the speech after he switched to Russian:

" . . . [Zelenskyy switches from Ukrainian to Russian.] And further in Russian. Today, I initiated a phone call with the president of the Russian Federation. The result was silence. Although there should really be silence in the Donbas.


This is why I want to appeal today to all the citizens of Russia. Not as president. I am appealing to Russian citizens as a citizen of Ukraine. 


We are separated by more than 2,000 kilometers of a shared border. Today, your forces stand along that border, almost 200,000 soldiers and thousands of military vehicles. Your leadership approved their step forward into the territory of another country. And this step could become the beginning of a large war on the European continent. 


Today, the whole world talks about what could happen any day now. A reason could arise at any moment. Any provocation. Any spark. A spark, which could burn down everything. You are told that this flame will bring liberation to the people of Ukraine. But the Ukrainian people are free. We remember our past, and we are building our future ourselves. Building, not destroying, as you are told every day on the television. Ukraine in your news and Ukraine in real life are two completely different countries. And the main difference is that ours is real. 


You are told that we are Nazis. But how can a people who gave more than eight million lives for the victory over Nazism support Nazism? How could I be a Nazi? Tell that to my grandfather, who went through the entire war in the infantry of the Soviet Army and died as a colonel in independent Ukraine.


You are told that we hate Russian culture. How is it possible to hate culture? Any culture? Neighbors always enrich one another culturally. However, this does not make them a single entity. This does not dissolve us in you. We are different. But this is not a reason to be enemies.


We want to define and build our history ourselves. Peacefully. Calmly. Honestly.


You are told that I will order an attack on the Donbas, to shoot and bomb without questions. Although there are questions, and very simple ones. Shoot at whom? Bomb what? Donetsk, where I have been dozens of times? Where I have seen people’s eyes and faces? Artyom street, where I walked with friends? Donbas Arena, where I rooted with the locals for our Ukrainian guys at the Euro [the 2012 UEFA European Football Championship]? Sherbakova Park, where we drank together when our guys lost? Luhansk? The home where my best friend’s mother lives? The place where my best friend’s father is buried? 


Note that I am speaking right now in Russian, but no one in Russia knows what I am speaking about. These names, these streets, these last names, these events—this is all alien to you. Unfamiliar. This is our land. This is our history. What will you fight for? And with whom?. . . "

Before becoming president of Ukraine, Zelinsky was a comedian who starred in a television show, Servant of the People, about a high school teacher who gets elected president of Ukraine.  It was on Netflix when he first became president, but I can't find it there now.  Here's a You Tube preview of Season 2:




Wednesday, February 23, 2022

1000 Years Of Joys And Sorrows - Ai Weiwei/ Japan Invades China 1937

As Russia moves into Ukraine, it seems that Ai Weiwei's description of the Japanese invasion of China in 1937 seems an appropriate reading.  Not just for the people of Ukraine, but for the people
of the world.  If Putin is able to 'take' Ukraine, what's next?  And what does this foretell about future relations between Europe, Russia, and the US, not to mention China, and the rest of the world?  

In July 1937.  Ai Weiwei's father Ai Qing was a young poet who had started getting noticed.  Three months earlier, the wife had their first baby on the day the Japanese began their invasion of China.  They are trying to keep ahead of the Japanese army and have arrived at Hangzhou.  Hangzhou is a little west of Shanghai and is known for its beautiful West Lake which is now a World Heritage Site.

Ai Weiwei writes:  

"The West Lake was unchanged, hazy and indistinct.  It seemed to him that the locals were drifting through life, still clinging to an illusory notion of leisure.  The onset of war had failed to shock Hangzhou;  while the fate of the nation hung in the balance, people simply continue with their routines. 'I cannot pretend to love Hangzhou," Father would soon confess.  'Like so many cities in China, it is crammed with narrow-minded, selfish residents,  with complacent and vulgar office workers, low-level officials accustomed to currying favor, and cultural types who make a hobby of hyping things up. They commonly think of themselves as living in unparalleled happiness, as though lounging in their mother's lap.'  He would write these words at the end of the year, when news came to him that Hangzhou had fallen, after he and his family had escaped to Wuhan." (p. 51)

Sound familiar?  

Ai Qing, who had moved his family further west, was once again faced with an advancing army.  This is surely happening right now in parts of Ukraine.

"When they arrived at Jinhua Railway Station at eight o'clock in the morning, wounded soldiers, freshly evacuated from battlefield, lay strewn along the platform.  One of the soldiers, a faint gray light shining in his eyes, told Father that hospitals in the area were no longer taking in casualties.  Some had covered themselves with straw for warmth, while others threw straw in a heap and set fire to it to warm up inside dirty bedrolls.  The fight had disrupted the normal train schedule, and in the confusion it was unclear whether rail service would even continue.  Ticket sales had been halted, and if a train came in everyone simply piled in,whether they had tickets or not."(pp 51-52)

Later, he writes about poetry and democracy.  Ideas to contemplate as those in power aim to abolish truth with mistruths.  

"'Poetry today ought to be a bold experiment in the democratic spirit,' he declared, ' and the future of poetry is inseparable from the future of democratic politics.  A constitution matters even more to poets than to others, because only when the right to expression guaranteed can one give voice to the hopes of people at large, and only then is progress possible.  To suppress the voices of the people is the cruelest form of violence.'  Eighty years later, his faith in poetry's freedom's ambassador has yet to find vindication in China."


For those of you unfamiliar with Ai Weiwei, he's probably modern China's best known artist, though he's living in exile now.  Here's a short bio.

I haven't seen much of Ai Weiwei's art in person.  But I did see this tree at an exhibition of modern Chinese artists at the Louis Vuitton museum in Paris five or six years ago. The link describes it somewhat.  


The Trevor Noah interview below doesn't tell you much about his art or life, but it's worth watching as we deal with an increasingly oppressive takeover of the Republican party.   


I have to add, reading a good book is so much more satisfying that scanning Twitter or other online collections of alarmism and distraction.  

Tuesday, February 22, 2022

This And That, Ups And Downs - San Francisco And Seattle

 We're back on Bainbridge Island.  San Francisco was great.  We tried a new rental car option.  Actually we've used BART (Bay Area Rapid Transit) and buses in past trips, but we were going to different places over the four days, so a car seemed to make sense. Kyte is a company that delivers the car to you.  And they were cheaper.  Everything worked well except two things.

  • They aren't allowed to deliver to the airport so they deliver to Daly City BART.  That's pretty close to the airport and sounded ok.  But it turns out it costs $9 per person one way from SFO to Daly City BART.  So we went to the information office in the airport to get senior BART passes.  In the past a $9 senior BART pass would get us into town and back, plus a trip to see friends in Oakland.  But they aren't selling them at the airport any more.  So the two roundtrips added almost $40 to the bill.
  • We were a bit earlier than our appointment and the pick up site is listed as 500 John Daly Blvd.  Well, that includes the entire BART station and two parking lots.  Finding out where we were supposed to be was hard and the driver was late.  
This would be great if we needed to get the car at a residence or anywhere besides SFO.  


Overall, we had a great time visiting good friends on the Peninsula one night and staying with an old Thailand Peace Corps buddy I've known since 1966.  Saturday we walked to the top of Twin Peaks from his house and my son and the two grandkids met us up there.  We spent the rest of the day with them on a glorious sunny T-shirt warm day at Golden Gate Park.  

Twin Peaks involved lots of steps

And flowers - there's a bee in there, but the resolution is too low.  Sorry.









Cool trees.




And birds, like this hummingbird.



And this crow enjoying the view from Twin Peaks

Red tailed hawk?




And for my friend Jeremy, I take pictures of towers like this that interest him much more than the trees or the birds or even the view.  


We also looked at a couple of houses.  My son's family is growing out of the confines of a two bedroom apartment.  It's interesting to visit open houses, but the prices are depressing.  Everything is super staged with furniture, paintings plants.  I discovered it's useful to look behind things - the stagers use items to hide things they don't want you to see.  


Getting altitude is favorite of my grandson.  This was sunny Saturday.

Back in Golden Gate Park Sunday, but it was cloudy and windy and chilly.  That didn't stop the kids from having a great time.  









Monday was sunny again and we had more park time.  Even though it was a much smaller park, there was enough room to play monster and the kids were good at changing the rules if they thought they were going to get caught.  



Broken glass, from my experience, is not an uncommon sight in San Francisco.  This is at a bus stop.  











Dropping off the car was much easier than picking it up and we got to the airport with plenty of time.  An advantage to walking instead of taking the sky train is getting to see the art exhibits all through the terminals.  




Most of these Tabitha Soren pieces didn't excite me, but I did like "Emailed Kiss Goodnight".

This should be larger and clearer if you click on it.













Alison Saar's Flourish





































Thought this was interesting.  This isn't far from where my son lives now.  Filmore near Geary.




Finally, we got to our gate and had some ramen.  And I also finally had some time for yesterday's Wordle.  So I started with RAMEN.  

I got two right - one green one yellow -  and I figured I'd try to go through the possible words and make it in two or three tries. 

But as I discovered when we got off the plane and onto the ferry in Seattle, that I'd used the wrong letter as the yellow (A instead of R) one.  An almost totally wasted turn given the two words I'd boiled it down to - ABBEY and ALLEY.  For the first time I got it only on the sixth round.  Bummer.  

But I made up for it today with 99.99% luck.  




Meanwhile, it was 54˚ F in the condo when we got back last night.  A good part of the trip was being away while we waited for the plumber to fix the boiler.  And they called this morning to see if it was ok to come earlier.  YES!

But then they reported it needed parts they had to order.  The fireplace and the two space heaters we got have gotten it into the low 60s.  Oh, and there was fresh snow on the ground.  The weather app reported 32F on Bainbridge and 40F in Anchorage.

So, that's all you missed while I've been gramping instead of blogging.

Oh, my book club met last night.  It was a book I just couldn't finish. Reading it wasn't fun nor was it telling me anything I needed to know.  I didn't want to keep reading.  But that's a different post.  

Friday, February 18, 2022

While I'm Enjoying California Sunshine,Matt Buxton Is Covering More Redistricting Twists And Turns

 Basically, Matt's saying that Judge Matthews' order wasn't a final order and that he's remanded things back for the Board to fix.  And since it isn't a final order, it can't be appealed.  But they can ask for a review from the Supreme Court.  But it might mean that the changes would be in effect for the next election rather than the Board's map.  

I'm meeting the SF grandkids (and their parents) for dinner in a couple of hours, so I'll just refer you to Matt's Twitter feed for more details

[UPDATED Feb 18, 2022  10:20pm:  Here's Matt Buxton's newsletter on this.  It seems to have a bit more than the Twitter feed.  I'm glad Matt's working on this.


The cat of the house where we spent last night.

Thursday, February 17, 2022

Travel Day As I'm Getting Better Acquainted With Judge Matthews' Redistricting Decision







We got up early enough to watch the sun rise from the ferry from Bainbridge Island to downtown Seattle.

SeaTac has a program where you can reserve a time to go through security. Last time we did that, there was no one in line anyway.  This time there were more people, but not too crowded, but our line sent us directly to the front.  

We are spending the night with friends just south of San Francisco - good friends that go back to when some students from my public administration class in Hong Kong went on a study tour with me to Beijing.  It was May 1990 - a year after Tiananmen.  We went in May so that we wouldn't be there on the one year anniversary.  Even so, one of my students couldn't go because his parents were worried about what might happen to him.  D is now a professor of marketing and dean of his department here in the South Bay.  


This tree was across the street from the community center where his son was taking a video class.  We'll go into San Francisco tomorrow and stay with an old Peace Corps Thailand friend.  The impetus of the trip was visiting our grandkids, the youngest one turned five yesterday and got her first COVID vaccination.  

Meanwhile I'm working my way through the 171 page ruling Judge Matthews wrote on the Redistricting Board trial.  

Near the end of the trial, the Board's attorney was giving his closing argument.  I raised some issues I had with what he said and in other appearances earlier in the trial.  In his closing, after about five or ten minutes he said something like, "Well that's pretty much what I wanted to say, but I'm a lawyer, so I'll keep on talking."  As I listened I thought about the old saying - "Better to say nothing and be thought a fool than to speak and prove it."  Singer isn't a fool, but he just kept talking and I thought he was being pretty loose and that he wasn't doing himself any good.  

The judge wasn't amused.  I'd like to give you specific quotes, but the PDF isn't searchable, and while someone told me there are tools to make it searchable, I haven't found them.  

Singer did tell the Redistricting Board, at their meeting yesterday (Wed) that the judge had "made new law" and that was the reason that the Board needed to appeal, to make sure the Supreme Court could rule on this "new law."  

One of my goals in reading the case is to find what Snger calls 'new law."  Here's my list of possibilities so far:

The Proclamation Plan offered 30 days after the Census data arrive should include Senate pairings as well as house pairings. (I missed the part where the Board claimed they had Senate districts because the third party plans had them.  In any case, the Board didn’t know the third party plans would have Senate pairings when they adopted their Proclamation Plan

  • Importance of public voices - Board members don’t have “discretion to make decisions based on personal preference when that preference is directly contrary to the overwhelming majority of public testimony” “Board must make a good-faith effort to incorporate the clear weight of public testimony.”   Need to take “a hard look and [make] a good faith effort to incorporate public testimony into its decisions.”
  • Need to have senate pairings in the proposed plan in 30 days
I'm not sure that the Judge made 'new law' as much as enforced the Constitution here. The Constition requires the Board to take their proposed redistricting plan to the public to get comments for six weeks.  The Board flew all over the state for twenty some odd meetings.

If the Board doesn't take their comments seriously, what is the point of gathering their opinion?  I don't think this is new law, so much as it's law that hasn't actually been tested in court and Matthews is saying that requiring public testimony means the Board must pay attention to the public testimony it gets.  

On the other point he's also clarifying that when the Constitution tells the Board to make a draft plan, it includes Senate pairings as well as the house districts.  Why does the judge think this?  Because the constitution doesn't mention either House districts or Senate districts when it talks about the draft plan.  But when it talks about the final play, it includes both.  
And, if the public is going to meaningfully testify on the Senate pairings, they have to see them.  

I'm tired.  It's getting late.  And all this is initial thinking about what I'm reading.  Below is the Table of Contents of the Judge's decision.  There's time to read it fully.

Our friends have an old cat




I.  Introduction

II.  History of Legislative Reapportionment

III.  HISTORY OF THE BOARD'S WORK

        A.  Make up of the Board

         B.  Board Meetings 

[In history of Board Meetings, doesn't mention the public outcry over v1 SE maps plucking incumbents out of their districts

p.14 Sept 20 Meeting "It was at this meeting that the Board contends it adopted proposed senate pairings through the AFFER proposed plan.122

IV. Legal Proceedings

    A.  Parties in the Case

    B.  Pre-Trial Proceedings

    C.  The Record Before the Court

    D.  Trial Proceedings

V.  JURISDICTION AND STANDARD OF REVIEW

VI.  APPLICABLE LAW

    A.  District Boundaries (Alaska Const. art. VI §6)

    B.  Public Hearings Requirement (Alaska Const. art. VI, § 10)

    C.  Equal Protection (Alaska Const. art.I § 1;  U.S. Const. amend.14)

    D.  Due Process (Alaska Const. art. I, § 7)

    E.  The Hickel Process

    F.  Voting Rights Act

    G.  Open Meetings Act (AS 44.62.310-19)


VII. PRACTICAL LIMITATIONS

VIII.  THE EAST ANCHORAGE CHALLENGES - Senate District K

    A.  Article VI Section 6

    B.  Article VI Section 10 - East Anchorage

    C.  Equal Protection


IX.  THE HOUSE DISTRICT CHALLENGES

    A.  Mat-Su and Valdez Districts 20, 30 and 36

    B.  Calista Redistricting Challenge

    C.  Skagway's Redistricting Challenge


X.  HICKEL PROCESS


XI.  PROCEDURAL CHALLENGES - Due Process and Article VI, Section 10

    A.  Applicable Legal Standard

    B.  This court looks to the debates from the Alaska Constitutional Convention to ascertain the goals of redistricting

    C.  Legislative history from 1998 amendments likewise informs this Court's view of the Board's intended role and the purpose of public hearings

    D.  Federal case law applying the Administrative Procedure Act to formal agency rule making is instructive on the question of what it means for an agency to take a "hard look" when public hearings are required

    E.  Precedent, reason and policy considerations for interpreting "reasonableness" in light of the Article VI, Section 10 "public hearings" requirement and other changes from the 1998 amendments

    F.  Regional Applications

    G.  Constitutional Deadlines in Article VI, Section 10

    H.  Other Due Process Issues

XII.  OPEN MEETINGS ACT

    A.  The Open Meetings Act

    B.  The Redistricting Board's use of Executive Sessions

    C.  Vague Motions Relating to Executive Sessions

    D.  Due Process/OMA Challenge by East Anchorage

    E.  Open Meetings and Attorney-Client Privilege

XIII.  SUMMARY AND CONCLUSIONS