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Archive for the tag “court”

Yessource: Live in Oakland, 2/27/88

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

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Speed cameras for Roosevelt Blvd. face hard road in Pa. legislature

I have been writing in opposition to traffic cameras for a few years now (you can find all of my articles and posts on traffic cameras here).  Evidently Philadelphia is trying to install speed cameras on Roosevelt Boulevard.  Thankfully the efforts to install them may not be fruitful as described in the article below.

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Philadelphia planners hope speed cameras will play a significant role in the city’s effort to make streets safer, but first, the technology needs to be legalized. 

The path to legalization might be a rough one.

The effort was the focus of a panel Thursday morning at the Center City law offices of Montgomery, McCracken, Walker & Rhoads that was equal parts policy discussion, rally, and fund-raising event. The event was designed to boost support for pending legislation to allow the city to install speed cameras on Roosevelt Boulevard.

“It is absolutely necessary, and I don’t know another way to slow people down,” said Republican State Rep. John Taylor of Philadelphia, one of the bill’s sponsors.

Philadelphia has about 100 traffic-related fatalities a year (93 in 2017), and typically 10 percent happen on the Boulevard, she said. Of the nine fatal crashes on the Boulevard last year, seven involved pedestrians.

If authorized, cameras would snap an image of any vehicle driving 11 mph over the speed limit. The fine would be $150 for a first offense. The Boulevard would have up to nine speed cameras along nearly 12 miles, advertised by warning signs every two miles.

The legislation has been approved by the House transportation committee, which Taylor chairs. The challenge, he said, will be convincing House leadership to list the bill for a vote. That would need to happen by spring to give time for a vote in this legislative session, he said.

And there’s another deadline approaching: Taylor, who has championed the bill, is retiring when his term expires this year.

Taylor also noted the political landscape in Harrisburg, which just completed a grueling budget process. The Pennsylvania House speaker, Republican Mike Turzai, is running for governor, and the majority leader, Republican Dave Reed, is running for Congress.

In that environment, he said, getting legislators to focus on a bill that will result in more speeding violations for their constituents is a tough sell. Taylor has combined the  authorization for cameras on the Boulevard with another proposal for the cameras to be used on highway work zones to protect workers, something he thinks will be more palatable to legislators.

The Vision Zero Alliance, which is pushing safe streets efforts in Philadelphia, has hired a lobbying firm, Arena Strategies, to promote the bill and pitched to business leaders at Thursday’s session the need for $50,000 to fund the effort, said Jason Duckworth, a developer and member of the Delaware Valley Smart Growth Alliance.

One of the most horrific crashes on the Boulevard killed a woman and three of her children. Samara Banks, 27, was crossing Roosevelt Boulevard with her sister and four children in July 2013 when she was struck by a car that had been drag racing. The driver of that vehicle was found guilty of homicide by vehicle, involuntary manslaughter, and reckless endangerment, though convictions on third-degree murder were later reversed by an appeals judge.

“There’s people who don’t agree with the speed cameras,” said LaTanya Byrd, Banks’ aunt, who spoke at Thursday’s event. “We all want our lives to be safe. I just feel like we need to do this.”

Byrd noted that some call the road “the Killovard.”

Among the opponents is Thomas McCarey of the National Motorists Association, who says speed cameras are primarily a revenue generator for government. Making roads safer, he said, could be accomplished by timing traffic lights differently, adding more traffic enforcement, and putting crosswalks underground.

The Pennsylvania bill is written to keep the cameras from being a revenue generator, said Jana Tidwell, a spokeswoman from AAA. It ensures that the contractor responsible for the cameras would not make more money if more violations are issued, requires signs posted on roads to warn drivers that speed cameras are active in the area, and specifies that all revenue would go to the state’s motor vehicle license fund, she said.

The speed camera program would likely be operated by the Philadelphia Parking Authority, which is now responsible for the red light cameras in Philadelphia. Fifty of Philadelphia’s 134 red-light cameras are at nine Boulevard intersections, and violations have dropped there. Tidwell has said the cameras decreased right-angle crashes at those intersections.

The program, however, was marred by technical problems and mismanagement in 2016. Poorly calibrated cameras generated hundreds of thousands of false violations, which then had to be weeded out by PPA workers. That cost the agency $123,000 in overtime payments in 2016.

“Speed cameras will be an even bigger failure,” McCarey said. “Speed cameras won’t stop the 3 percent of wanton speeders endangering us all, only traffic cops can.”

Overtime costs were significantly lower in 2017 after adjustments made to the cameras, PPA officials said.

The National Transportation Safety Board studied the role of speed in fatal crashes and found it was a factor in almost a third of all traffic-related deaths nationwide from 2005 to 2014. The federal transportation watchdog recommended speed cameras as an effective way to slow down drivers, noting another study found the cameras reduced all crashes by 49 percent and serious injuries and deaths by 44 percent.

If the House passes the speed camera bill, it would need to go back to the Senate for a vote on amendments and then return to the House for a final approval before going to the governor.

By: Jason Laughlin, originally published on January 25, 2018 in the Philadelphia Inquirer and can be seen here.

 

 

 

Yessource: Anderson/Howe/Wakeman live at the Montreux Jazz Festival on 7/19/79

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

RFRA Does Not Impact Bankruptcy Code’s Denial of Discharge

This is from religionclause.blogspot.com which you can find here:

The Bankruptcy Code, Sec. 727(a)(2)(A) provides that a bankruptcy court should deny a discharge if the debtor has within one year of filing for bankruptcy transferred property with the intent to hinder, defraud or delay a creditor.  In In re Crabtree2016 Bankr. LEXIS 2922 (MN Bkr., Aug. 8, 2016), a Minnesota federal bankruptcy judge held that the Religious Freedom Restoration Act does not prevent applying this provision to a family’s donation of a box of 500 silver coins, valued at $12,000.00, to their church, Firestarters Worship Center.

You can learn more about this issue here.

Football Coach Sues Seeking Right To Pray At 50-Yard Line

This is from religionclause.blogspot.com which you can find here:

Yesterday Bremerton, Washington, High School assistant football coach Joe Kennedy who was placed on paid leave for insisting on praying at mid-field at the end of games (see prior posting) filed suit against the Bremerton school district alleging free exercise, free speech and Title VII violations.  The complaint (full text) in Kennedy v. Bremerton School District, (WD WA, filed 8/9/2016), contends that Kennedy is compelled by his sincerely held Christian religious beliefs to engage in brief private religious expression at the conclusion of school football games. He offers a prayer of thanksgiving as part of a covenant he made with God.  The complaint argues that the school district’s directive which bans any “demonstrative religious activity” that is “readily observable” to students or members of the public is unconstitutional. The suit seeks declaratory relief as well as an order reinstating Kennedy and granting him a religious accommodation that allows him to pray at the 50-yard line at the conclusion of games.  Seattle Times reports on the lawsuit.  First Liberty has also created a website with details of the case.

You can learn more about this issue here.

Yesstats Update: Post 7/20/18 Show

This post is the part of my Yes concert series of posts.  I started this series here and you can read the others here.

I saw the progressive rock band Yes play at the the Fillmore in Philadelphia, PA on July 20, 2018 during their 50th Anniversary Tour.

As I tend to be a pedantic, borderline OCD, person, I like to statistically keep track of various aspects of the Yes shows I have seen over years.  I posted various catalogs of things regarding these shows to this blog, and after each subsequent concert I update all those posts.

The following posts have all been updated in light of the above-mentioned July 20, 2018 show:

If you keep track of these sorts of things, please share your stats in the comments section!

Enjoy!

Yessource: Time and a Word Singles

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Sikh Center Sues Under RLUIPA After Work On New Temple Is Ordered Stopped

This is from religionclause.blogspot.com which you can find here:

NBC News reports on a federal lawsuit filed in the Eastern District of New York last week by the Guru Gobind Singh Sikh Center against the Town of Oyster Bay, New York.  In July– almost 17 months after approving the Center’s site plan for its new gurdwara– the town issued a stop work order and ordered an environmental review, saying that the construction departed from the site plan. Claiming that the town’s actions were taken to appease some residents who are hostile to the temple and its worship, the suit alleges violations of RLUIPA as well as the 1st and 14th Amendments. The new building, which replaces an older one that was on the same site, is already 82% complete. The Center has spent over $3 million on construction and on costs subsequent to the stop work order.

You can learn more about this issue here.

The Process of Subsidiarity

This article is part of my posts on the economic system of distributism.  This is from practicaldistributism.blogspot.com which you can find here:

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Many critics of distributism claim that what we want to achieve would require the expansion of state power and that we really want an all powerful state. What we actually advocate is the decentralization of government power. We want to distribute the various powers of government as close to the local level as can be practically achieved. This is because we promote the principle known as “subsidiarity.” Subsidiarity states that,

“A community of a higher order should not interfere in the internal life of a community of a lower order, depriving the latter of its functions, but rather should support it in case of need and help to coordinate its activity with the activities of the rest of society, always with a view of the common good.”                                      – Pope St. John Paul II

That sounds great, but how would it work?

Subsidiarity goes beyond the typical “states’ rights” argument put forward by the political conservatives of the United States of America. While some in the USA who argue for states’ rights might regard it as a necessary first step to further decentralization of government authority, others voice a “let the states decide” attitude which seems to indicate that their only real objection to certain government laws is the fact that it is the federal government imposing them. Their statements suggest that the same laws would be fine if imposed at the state level without any further decentralization of authority. Listening to some of their arguments seems to give the impression that they don’t really recognize that the centralization of power, even to the state government, makes government less democratic. The more power gets centralized, the more undemocratic the government becomes. They only seem to be concerned when the exercise of power crosses the line from state to federal authority. In reality, however, it is only at the local level that the average citizen really has a voice. Therefore, the more localized the authority, the more democratic the society.

The sad truth is that so many of us have become too accustomed to the idea that the higher levels of government is where problems really get solved. We pay more attention to state and federal elections than to local ones precisely because the authority which naturally belongs at the local level has been usurped by state and federal governments. “I will write my congressman,” and “I’ll take this all the way to the Supreme Court” became the reaction, and the reality, of how we view the political process. While we in the USA believe ourselves to be a bastion of democracy, we have allowed (and assisted) the gradual stripping of our democratic voice. This has gone beyond the making of our laws and the defending of our rights, but even to how we assist those in need. As a society, we have gotten to the point that we automatically look to higher and higher levels of government to resolve even local issues. It is sad, but it seems that most people believe that the higher the level of government, the broader its scope of authority.

Distributism, on the other hand, argues that the higher the level of government, the narrower its scope of authority. The question is how this can be applied in a practical and workable way. While there may be variations in application due to cultural differences in different regions, a basic outline can be presented as a starting point. The foundation of this outline is to understand the “orders of society” and their relationship to each other.

The “lowest” order of society is the family, not because it is the least important but because it is the most. It is the very foundation of society. Above that are religious, occupational and social groups which are free institutions for the mutual support and benefit of their members. The remaining “orders of society” would refer to the different levels of government starting with the local community and moving up from there, each fulfilling only those functions that, by their nature, cannot be fulfilled by the level immediately below it. From the distributist perspective, local issues should be handled as locally as possible. Even if an issue exists across a larger region, each locality should be left to direct how to handle it within its jurisdictional boundary to the greatest extent possible, even if assistance is needed from higher levels of society. This is a fundamental concept to understand about subsidiarity.

When an issue arises that needs to be addressed, the level of society where that issue arises is the natural point where the issue should be addressed. In cases where it cannot be addressed there, the members of that level would petition the next higher level of the orders of society for assistance. Therefore, if a family is in financial need and needs immediate assistance, they should naturally turn to those societal organizations like church, work association (guild) or other social organizations for assistance. If a particular vocation needs a school to provide training in the skills it needs, it should first look to the members of that vocational guild. If it cannot provide for itself, it can look to other guilds of the same vocation, or even discuss combining resources with other guilds to establish schools to meet their combined needs.

It is only if these first attempts cannot resolve the issue that governmental bodies should get involved, and then only by petition of the immediate lower level. If, for example, a lot of families in the community needed assistance and churches and other local associations found themselves unable to adequately provide that assistance, they could raise the issue to the city or to related organizations in other areas. If a city was not able to address an issue, it could ask nearby cities for assistance or raise the issue to the county. In this way, each level of society would render assistance based on the need asserted by the level immediately below it, and that assistance would not usurp any functions of the lower orders of society even if the higher order needs to coordinate the activities of the lower orders due to the nature of the situation at hand, like a natural disaster.

This process keeps as much authority as possible at the local level and, by doing so, preserves the ability of citizens to effectively curtail the usurpation of authority by higher levels of government. Because the greatest level of influence is the most local level, and because the individual citizen’s vote has its greatest influence at the most local level, this process preserves the greatest level of democracy for all.

Yessource: 3/7/98 Paris FNAC Store Semi-Acoustic Show

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

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