1st Amendment

Does a private business have a 1st Amendment right to paint a mural on their property?

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Mural image; Argus Leader Media

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As a commenter pointed out, the irony of code enforcement cracking down on a private business for painting a mural, but allowing students to paint on publicly owned property their religious beliefs and being protected by a ‘disclaimer’ is a bit hypocritical. Could the business owner put a ‘disclaimer’ on the mural to exempt themselves from city code? Besides, the US Constitution is the highest law of the land, it trumps city charter.

Food for thought.

The Jesus Plows are back!

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Lutheran School’s ode to fish and Jesus.

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While stating you are ‘Christ the King’ school is not an issue, the Cross to the far left may be.

You sometimes wonder what part of the US Constitution government officials don’t understand when it comes to the 1st Amendment? Thomas Jefferson made it clear;

Jefferson’s metaphor of a wall of separation has been cited repeatedly by the U.S. Supreme Court. In Reynolds v. United States (1879) the Court wrote that Jefferson’s comments “may be accepted almost as an authoritative declaration of the scope and effect of the [First] Amendment.” In Everson v. Board of Education (1947), Justice Hugo Black wrote: “In the words of Thomas Jefferson, the clause against establishment of religion by law was intended to erect a wall of separation between church and state.”

Many have argued against it, like our city attorney and mayor, but they are hardly our founding fathers who formed our democracy and wrote our bill of rights and constitution. The separation of government and religion is there to protect all of us, not just Christians.

The sad part of this is that after already being warned that this was not a good practice, the city relies on a disclaimer that is too small to read as a snow plow comes flying by with Jesus painted on the front. It just doesn’t pass the smell test. Why not just implement a policy that is simple;

Schools are discouraged of painting words or symbols on government owned property that promote a certain religion or sect. For example; Star of David, Muslim moon or the the Christian cross. If a school is not willing to abide by those rules, their ‘artwork’ will be painted over.

Wow! How simple is that?

For the record, I don’t have an issue with the Christian schools painting ‘God’ on the snowplows, that is a general term that doesn’t refer to a particular religion and well within 1st Amendment rights. Other words such as ‘faith’ or ‘spirituality’ are also acceptable.

Government property should not be used to promote a certain religion. Period. Many great societies immigrated to our country to rid themselves of religious persecution. They were tired of government telling them how to worship, or to worship at all. With freedom of religion, comes freedom from religion. Government has no place in it, and our Mayor, City Attorney and Public Works department should not allow it on government property.

The Village Idiot calls Stehly a Lone Wolf

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Since I have been writing this blog, I have been a strong advocate for open government, transparency and 1st Amendment free speech rights. I think you all know that. We may not always agree on what people have to say, but we have that right.

Theresa defended that Tuesday afternoon.

But to call Theresa a ‘Lone Wolf’ is the furthest thing from the truth. She has formed coalitions in every political activity she has been involved with. She has embraced the community and worked for them. It is no secret why Theresa is sitting on the council, because of her community involvement and sticking up for the little guy. I would call her ‘Mother Wolf’ before I would ever call her ‘Lone Wolf’.

Gawd, Rex, what the heck is wrong with you? Seriously Dude?!

Ironically, while everyone wants to blame her for the ‘drama’ if Rolfing would have just let her speak and not gaveled her (there was NOTHING confidential in what she was saying) there would have been no drama. And the chickensh*t council just sat there and let it happen. Wow!

As a citizen we have a right to transparency, the Argus Leader is in the middle of a lawsuit right now with the city over it. We talk often about transparency in our government, we get no where.

I know about the charges lobbed at Theresa (a butt hurt Chief of Police and moving chairs around Carnegie because of the 911 aniversary), they are petty, in fact not even worthy of blogging about, or an ethics charge, just prattle from perfect hair Mike.

This of course is NOT over, chickensh*ts and idiots get emboldened when they are embarrassed. They have there resources, and we have ours. You want a fight on transparency? You are going to get it. You are going to lose, big time.

First off, props to Cameraman Bruce and our credit on the video. Our cameras are always rolling.

Bully Council Chair Rex Rolfing gets handed his A . .

If I were to say I haven’t known about what has been going on for awhile, I would be lying. In fact, I’ve known about this kind of (council) intimidation well before Huether even took office. When councilor Kevin Kavanaugh threatened to press charges against then mayor Munson who was running for a second term over middle of the night contract deal on Phillips to the Falls, he was brow beat by a group of ‘concerned citizens’ to back off. He did.

Since then, when councilors don’t play ‘reindeer games’ they get bullied and beat up. Theresa is just the latest casualty, but she wants this kind of intimidation to end;

“I have been bullied, intimidated and threatened. … I have been told not to talk to the media. I have been told not to advocate for the citizens,” she said while reading from a prepared statement.

As I have stated, elected officials are legally guaranteed by the US Constitution to 1st Amendment rights. In other words as long as they are not telling the public or the media about confidential contracts or voting on items they speak about (conflicts of interest), they are free to speak about the issues. When they use their free speech to benefit themselves or to sway votes or meetings, then they are in violation (Federal courts have ruled on this).

As far as I can tell, Stehly has not done any of those things. She has spoken honestly to the public and the media about issues facing our community. She has NOT used her speech to benefit herself or others. She is for transparency, period.

Councilor Rolfing & Mayor Huether are planning changes to public input

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The key word here is ‘planning’. I warned councilor Rolfing last night in public input that he should be cautious about moving forward on changes because he would have a big fight on his hands.

He supposedly cooked up his proposal in the top secret operations committee meeting in the basement of Carnegie on Tuesday. I am unclear what is all in the proposal, but I heard it involves ‘comment cards’.

The plan is to have each commenter sign in with a comment card and write down the topic they choose to speak about. Then the mayor or Rolfing would sort through the cards and pick the commenters they wish to speak by calling them forward.

Dumb, dumb, dumb.

While I am not opposed to signing a sheet to say I will comment (it’s good for the clerk to have the correct spelling of the commenter’s name for the minutes and the record) I am not in favor of being called up like I am in 3rd grade speech class.

Picking and choosing the commenters is a blatant disregard for the spirit of free speech and the 1st Amendment. Elected officials are in place to serve us, not the other way around. I often say if they have a problem with that arrangement, do us all a favor and resign.

As I have reminded the mayor and council in the past, if public input is disruptive or offensive, the commenter can be gaveled at that time and asked to stop or even leave. The chair has that power and I agree with that procedure. Some people do get out of control and can be frivolous.

But picking and choosing who can comment and about what is favoritism and goes against transparency and open government as a whole. Something the mayor absolutely hates with a passion.

I know that some other folks in the media are aware of the proposal and won’t stand for it either.

Like I told Rolfing last night, I welcome the debate about changing public input, bring it on, because you are going to lose, and lose big time, and in the process you are going to look very foolish, if you don’t already.