Prop 90 Response

Brian here at Calitics (http://www.calitics….) asked me a few months ago to put my thoughts together on why I thought Prop. 90 was worthwhile. Honestly, before they removed my postings and asked me not to  post on the subject I knew little about the specifics of the proposition, but since he asked I took a greater interest and found answers to many of the questions he was searching for.

Brian argued to me that Prop 90 was dangerous because it would lead to lawsuits and that so called regulatory takings would have to be compensated. After looking into the issue more though I learned that it is these regulatory takings that makeup a vast majority of eminent domain abuses.

While I respect their right to disagree and of course their right to have on their site as they wish there are other points to consider and stopping discussion has never been a good way to win a political argument.

Either way. I have written the following post.
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Though it may be true that the vast majority of funding for Proposition 90 is coming from a select few well-moneyed donors, it is also true that judging said proposition solely based upon those who funds it is a short sighted and knee-jerk method of evaluation.  Just because you are not a fan of Windows XP does not mean that the donations of the Bill and Melinda Gates Foundation should be held suspect also.
Proposition 90, though imperfect, addresses three undisputable facts of life here in California:
  • State and local governments have undermined private property rights through excessive use of eminent domain power and the regulation of private property for purposes unrelated to public health and safety.
  • California courts have unjustly allowed local governments to exercise eminent domain powers to turn property over to private developers.
  • Whenever a property owner and the government cannot agree on fair compensation, there is (at current) absolutely no method of insuring a fair and timely process for the settlement of disputes.

The chief objection among those who oppose Proposition 90 is the notion that the extent to which the proposition inhibits governmental regulation is ultimately more detrimental to Californians than it is beneficial. 

Many argue that Prop. 90 overly curtails zoning regulations, opens the door to too much land development and would result in massive tax increases in order to cover governmental compensation of private property owners.  But those arguing this viewpoint have not considered the fact that government could answer many of these concerns by 1) giving property owners incentives to voluntarily carry out public objectives 2) reducing the scope of government requirements so that any property owners’ losses were not substantial 3) link the new law or rule directly to a public health and safety (or other exempt) purpose.

The simple fact of the matter is that the constitutionally guaranteed rights of Californians under the 5th amendment are being trampled upon – and more often then not, it is the poorest among us who suffer most from this.  In the face of this truth, there are still those who categorize eminent domain restriction as a dangerous deconstruction of government instead of a necessary guarantee of a basic American freedom.  There can be no other choice in this debate, and you have a chance to state your position by voting in November. 

First ever rap and music video about a proposition

The California Nurses Association webmaster, Colette Washington, has released a new rap song and music video. This is the first ever rap and music video about a proposition. Reed Saxon of the Associated Press has a great photo from the filming of the video in Sacramento.

Download, listen, and share.

Here is the link to download and share “About Time for 89” (MP3) and download the lyrics and artist information (PDF).

Are Fabian and Arnold O-V-E-R?

Fabian Nunez and Don Perata have bailed on the governor’s bonds tour.  It seems that after agreeing to this being non-partisan, the Governator had them appearing at a campaign rally.  Fabian doesn’t roll like that.

Gov. Arnold Schwarzenegger kicked off the bipartisan, $37 billion state-rebuild bond campaign Tuesday absent two of his biggest Democratic co-stars at most stops — thanks in part to President Bush’s visit to California.

Those in the know said problems between the governor and Democrats Don Perata and Fabian Núñez surfaced right about the time Bush decided to campaign for two House Republicans in California, the same day as the bond kickoff. … And when the governor’s re-election campaign — rather than the nonpartisan bond committee — took it upon itself to announce Tuesday’s fly-around, all bets were off. (SF Chron 10/04/06)

About damn time Nunez stopped campaigning with Arnold.  Arnold was using those two has little campaign props, and I’m glad they finally figured it out and realized that they don’t have to play by his rules.  You can appear at events to support the bonds without appearing next to Schwarzenegger.  Let’s keep this little love triangle cold.

Inevitable Slide Towards No on Cigarrette and Oil Tax Props

The inevitable slide towards status quo is visible already.  All the negative ads against the propositions are doing their work to muddy the waters, and the people of California are getting a little skittish about these two props. The Field Poll (PDF) was released today on these two.



















prop/response Yes 9/06 (7/06) No 9/06 (7/06) Undecided 9/06 (7/06)
Prop 86 (Cigarretes) 53(63) 40(32) 7(5)
Prop 87 (Oil) 44(52) 41(31) 15(17)

Cigarette taxes are usually pretty easy to pass, but I’m not so sure in the current climate.  The tobacco companies are spending a lot of money on this one, $40 million by the SF Chronicle’s count. And the oil companies have plunked down about $35 million.  That’s not chump change, but Stephen Bing, the entertainment mogul, has also put an incredible $40 million of his own money into the Yes on 87 campaign.  That’s more than Steve Westly put into his gubenatorial campaign this spring.

The amount of ads for these two props will likely draw attention away from where it should really be focused, the bond props. This elections is getting ridiculously expensive.  Think of all the things that the $100 million+ could have bought.  It’s why propositions have made my list of things that I would change if I were king of California for a day.  I’ll post that list sometime after the election as a discussion starter.

CA-04: Brown shows the Democrats how it’s done

( – promoted by SFBrianCL)

Charlie Brown is demanding that Rep. John Doolittle, who’s too cowardly to even face him in a televised debate, to return a campaign donation from Mark Foley’s Political Action Committee.

Now the donation is a mere $1,000.  I think Abramoff would tip Doolittle that for walking him to his car.  But the point is that Brown is campaigning with the aggressive, take-no-prisoners, seize-every-opportunity streak we’ve come to expect from Republicans.  From his multitude of creative websites to his non-stop attacks on Doolittle’s involvement with the CNMI, Brown is attacking hard but also putting the entire thing into an easy-to-read narrative.  From his email to supporters:

“This is an absolute moral outrage,” said Brown.  “Any Member of Congress, Democrat or Republican, who had knowledge of Congressman Foley’s illicit behavior and took no action should resign. There is no excuse for putting political considerations before protecting children,” Brown said. He called for an independent, non-partisan investigation into the issue.

“This Congress is losing the moral authority to lead – every day the news is about corruption, bribery, campaign-finance scandals and cover ups,” Brown continued. “This is not about left versus right, it’s about right versus wrong. It’s long past time for a change.”

I can’t help but be impressed with Brown’s skills as a campaigner and a candidate.  His rapid response team is ridiculously good.  He’s skilled at grabbing free media attention by attacking his opponent’s weak points and not letting go.

There is no way Charlie Brown should have a shot in CA-04.  It’s redder than red.  But contesting everywhere has a great benefit, by freeing up the Democrat in question to absolutely go for broke.

I don’t make predictions often, but I really think that Charlie Brown will be the next Congressman from California’s 4th District.

Bill O’Reilly hates San Francisco!

They are really trying to play this whole Nancy Pelosi is evil thing.  It turns out that it’s really not playing very well with the voters.  But BillO is not willing to give up his war on “secular progressives”.  MediaMatters does the dirty work and watches that vile program so we don’t have to.  Ick!  Apparently he hates San Francisco values.  Does he even have a clue what our values really are? Values like equality, caring for your fellow human being, and global responsibility.  Yup, those are Anti-American all right.  The video is edited by the good folks at Media Matters:

Bob Salladay is the best comedian EVER

So, I know some people might think it’s in poor taste to make fun of the Foley brouhaha, but I’m not one of them.  Bob Salladay posted a fake (I hope) IM conversation between Arnold (schatzi47) and Don Perata (tonySop45).  It’s funny.  Really, freaking, funny:

tonySop45: Bush is in town today. u going to be with him?

schatzi47: who?

schatzi47: don’t i get u horny for roads and ports?

tonySop45: it was my idea, remember? scene hog. 🙁

schatzi47: awwww. don’t b that way.

tonySop48: u have a camera fetish.

schatzi47: what u wearing?

tonySop48: fabian fabian fabian. and yesterday, Gray Davis? what about Dick Ackerman? do u ever talk to Republicans?

schatzi47: brb. Maria is yelling.

See, what’d I tell you? Funny.