Red-light cameras are important tools that save lives

(Originally published 4/11/09)

My parents offered plenty of instruction, pointers and tips when I was learning to drive. Most valuable, however: "Never be the first car through an intersection."

Have you ever counted the cars that run red lights?

I've counted as many as six at once. But I never thought much about red-light cameras –- never, that is, until Mark Wandall.

I was living in Florida and working for the state House of Representatives in 2003 when Wandall, a Bradenton resident, left home to go to the store. His wife, Melissa, nine months pregnant with their daughter, stayed behind.

Mark was killed just a few blocks away by a woman who ran a red light.

Melissa began a tenacious public awareness campaign to get state lawmakers to allow the cameras.

Six years later, she's still working on it.

Red-light running is one of the worst public safety problems in America. The Insurance Institute for Highway Safety estimates that 800 people are killed and 165,000 are injured every year due to red-light running.

Eight hundred deaths -– 800 senseless, completely preventable deaths. Eight hundred families who shouldn't be without their loved ones.

My conservative friends recoil at the very mention of red-light cameras. It's an invasion of privacy, they say; Big Brother lurking on every corner.

I don't get that. The cameras don't record every car coming through the intersection; they have to be triggered by the offending one. And even then, they can photograph only the license plate.

But guess what? If you have a driver's license, Big Brother already has an awkward picture of you, anyway.

Some legal analysts argue that the evidence collected by red-light cameras cannot be used to enforce criminal penalties. They cite the Sixth Amendment, which guarantees the accused the right "to be confronted with the witnesses against him."

I don't buy it. Red-light cameras function as an extension of law enforcement, as sworn officers would if we had the human and financial resources to put a cop on every corner. They are electronic witnesses -– witnesses whose testimony can't be twisted or swayed.

And evidence from unmanned surveillance cameras is readily used in criminal proceedings, sometimes as the only supplement to otherwise completely circumstantial cases. No apparent Sixth Amendment violations there.

In 2006, Miami Herald columnist Larry Lebowitz addressed the "more substantive constitutional concern about due process of law" raised by civil libertarians: Citations are automatically sent to the registered owner of the vehicle -- not necessarily the driver who ran the light.

Lebowitz noted, "The situation is akin to the citation that public agencies are issuing when drivers run through a tollbooth without a SunPass (an electronic transponder for tolls):" Either pay the fine, or rat out the offender.

Opponents say cameras are municipal cash cows, advanced by the insurance industry as a way to collect higher premiums (based on tickets) without providing more services.

So? The result -– safer roads –- is the same.

Nick Adenhart spent Wednesday night pitching six scoreless innings for the Los Angeles Angels. Adenhart, the Angels' top pitching prospect, had beaten a shoulder injury. At 22, he had a bright future and his whole life ahead of him.

Six hours later, he was killed by a man who ran a red light.

Why shouldn't we do everything we can to keep this from happening again?

Political labels convenient, but voters beware

(Originally published 4/4/09)

A fellow blogger this week asked readers to list "progressive politicians (or progressive folks who might/should be persuaded to run for office)."

In reading through the list, though, I found that folks on the list stood for a lot of different things.

What is a progressive, anyway?

I had an exchange with another fellow blogger and self-described progressive who tried to define it for me. We both eschew labels, but he used Wikipedia's definition as a jumping-off point:

"Progressivism is a political and social term that refers to ideologies and movements favoring or advocating progress, change, improvement, or reform, as opposed to wishing to maintain things as they are."

That didn't help much. I know that my friend and I both believe government needs reform, we have different ideas about how to do it. Are we both progressives? For that matter, I don't know of anyone who is completely happy with government as it is. We all want some kind of reform. But we're not all progressives.

So the key to defining and understanding progressive political thought, then, is to pin down exactly what progressives consider "progress, change, improvement, or reform." Is it a standard set of beliefs and principles, or does it change in relation to the prevailing themes dominating the two major political parties? And what distinguishes a progressive from a liberal?

My friend responded that for his money, there is a difference between "progressive" and "liberal," with progressives generally placing more emphasis on the pragmatic than the ideological.

The Progressive, a magazine for the political philosophy of the same name, celebrates its 100th year in 2009. According to its web site, the magazine "has steadfastly opposed corporate power and reckless U.S. interventionism and has championed peace, women's rights, civil rights, civil liberties, a preserved environment, an independent media, and real democracy."

That's more helpful than the Wiki definition, but you'd still have to define "reckless," "preserved" and "real" to get a firm handle on individual policies progressives could be expected to support.

"Progressive" is going to be the buzz word of choice for the next few years in Alabama. U.S. Rep. Artur Davis is already embracing the label in his bid to succeed Gov. Bob Riley, and Democratic congressional candidates are likely to follow suit in challenging incumbent Republicans. As I told my progressive friend, I just want to know what those candidates are talking about -- and to know that they know what they're talking about -- when I start seeing their glossy mailers and TV ads.

And this goes for all political labels. U.S. Rep. Bobby Bright and House Speaker Nancy Pelosi, for example, are both Democrats -- but I'm sure the former would take great pains to distinguish his political beliefs from those of the latter. Likewise, there is great variety among Republicans who call themselves "conservative."

Lastly, consider this: Labels that are misleading now might actually mean more under a true multi-party system. More fragmentation would mean less shading and greater homogenization within those groups.

But it may not matter. GOP and Democratic legislators don't agree on much, but when it comes to ballot access for third-party candidates, they can be counted on to work together to keep the drawbridge up against the castle.

How do progressives feel about that?

Cardin's bill a good start but needs work

(Originally published 3/28/09)

U.S. Sen. Benjamin Cardin (D-Md.) jumped into the fray over a new business model for the American newspaper industry this week with his introduction of The Newspaper Revitalization Act.

The bill would allow newspapers to operate as nonprofits for educational purposes under the U.S. tax code, giving them a similar status to public broadcasting companies. Advertising and subscription revenue would be tax exempt, and contributions to support news coverage or operations could be tax deductible, according to Reuters.

Cardin's ideas have merit. But there are also problems.

Non-profit newspapers would still be free to report on all issues, including political campaigns. But they would be prohibited from making political endorsements.

Bad idea.

Though they may infuriate many a politician, newspapers' editorial endorsements are an indispensible part of their mission to serve their communities.

In his news release announcing the introduction of the bill, Cardin said:

"While we have lots of news sources, we rely on newspapers for in-depth reporting that follows important issues, records events and exposes misdeeds. In fact, most if not all sources of journalistic information -- from radio to television to the Internet -- gathers their news from newspaper reporters who cover the news on a daily basis and know their communities."

Bingo.

By virtue of their work and professional training, newspaper reporters and editors should know their communities – and their leaders – better than anyone else. In news articles throughout the paper, they tell you about those public meetings and government contracts and how your tax money is being spent.

The editorial page is where they analyze for you what they've found.

Of course, newspapers must take great care not to color news coverage with political preferences. And, of course, some newspapers and reporters do this better than others. I have said here before that there is no such thing as an unbiased journalist; the good ones, though, are able to recognize and account for their bias in their news stories.

And it is to newspapers' benefit to carefully maintain that bright line against bias. The weight of an editorial endorsement is affected greatly by how fair the newspaper making that endorsement has been in its coverage of the candidates or issues involved.

Back to Cardin's bill: On its face, it appears that its proposed ban on editorial endorsements would pass the First Amendment test, because newspapers would have to opt-in to the non-profit program it would create.

But could it be argued that the government is, in effect, creating a back-door abridgement on the freedom of the press by using these tough economic times to ban editorial endorsements, making help available only to those newspapers willing to drop them?

The bill could also have problems with the Fourteenth Amendment's equal protection clause.

Cardin's measure is targeted toward "local newspapers serving communities and not large newspaper conglomerates." Newspapers serve the same function, regardless of their owners. Why should only community papers have access to the tax breaks of the non-profit option?

I believe Cardin's heart is in the right place. But if he really wants to help the industry, he should protect newspapers’ functions -- all their functions -- and make his lifeline available to them all.

Obama and Congress scramble on AIG bonuses

(Originally published 3/21/09)

AIG has paid $165 million in performance bonuses -- including 73 bonuses of more than $1 million each this year -– to its employees since U.S. taxpayers forked over $170 billion in federal assistance and took ownership of nearly 80 percent of the company late last year.

The American public, most of whom are getting a $13/week "bailout" from Uncle Sam in return for their sinking savings and evaporating home values, pounced like angry piranha on this latest Wall Street affront.

Federal lawmakers and stammered with incredulity. President Barack Obama was even caught up in the wrath, giving himself over to stronger-than-usual rhetoric: "Where's the outrage?" Lawmakers demanded to know, how this could happen?

And that's where the story gets interesting. Journalists dug into the bailout bill and found language that answered their question: Lawmakers not only allowed those bonuses; they specifically protected them.

U.S. Sen. Christopher "It wasn't-a-sweetheart-Countrywide-mortgage" Dodd (D-Conn.), who chairs the Senate Banking Committee and had a personal hand in writing the bailout bill, insisted for two days that he didn't write the language.

Well, actually, he admitted later, he did ... but it wasn't his idea.

It was all the Obama Administration, he said; it was all Treasury Secretary Tim Geithner.

The rhetoric softened. The bonuses were still offensive –- even stunning, Obama said, but the government had to protect them because Treasury Department officials feared lawsuits if they weren't paid.

Folks, I'm no economist. But it seems to me that if the government is forced to bail out your company to keep the entire American economy from foundering, your performance is less than bonus-worthy. But I digress.

After realizing that they had no one to blame for the bonus mess but themselves, congressmen who voted for the bailout furiously haggled over whether it was better to sue to recoup the money or just to tax it at ... oh, say, 90 percent.

SIDEBAR: Lawmakers supposedly allowed the bonuses to avoid getting sued, but now they want to sue to get it back. I love irony; don't you? END SIDEBAR

Appearing on "The Tonight Show with Jay Leno" Thursday, Obama was charming and engaging –- so much so that most viewers probably didn't realize that he apparently opposes recouping the bonuses at all.

"The immediate bonuses that went to AIG are a problem," the president said, "but the larger problem is we've got to get back to an attitude where people know enough is enough and people have a sense of responsibility."

And as for taxing it?

"I understand Congress's frustration," he said. "But the best way to handle this is to make sure you close the door before the horse gets out of the barn. What happened here was that the money's already gone out and people are scrambling to try to find ways to get back at them."

In that analogy, the money is the horse, and taxpayers are left to clean up the barn.

Obama told Leno that over the next several months, he wants to make sure "that we don't lurch from thing to thing" on the economy.

Funny thing, that word "lurch." It means to roll or tip abruptly, or to stagger.

... Kind of like what lawmakers have been doing on AIG all week.

Witherspoon’s movie wit is real-life wisdom in Auburn

(Originally published 3/14/09)

In the 2002 movie "Sweet Home Alabama," Reese Witherspoon's character, aspiring fashion designer Melanie Carmichael, happens into a high school friend at a local bar upon her return to the small town she had left for New York City.

"Look at you," she cooed in disbelief, eyeing the chubby baby boy on her friend's hip. "You have a baby ... in a bar."

The line is built on irony and was meant for laughs.

Opelika-Auburn News reporter Katie Stallcup told you yesterday how the Auburn Planning Commission gave the green light to a new bar that would border a day care on two of its four sides.

There's no shortage of irony. But laughs are in short supply.

I attended the meeting on Thursday and listened as planning commissioners heard from Brandon Haynes, the Columbus, Ga., man who wants to nestle a Caribbean-themed bar up against Hardy's Creative Childcare in downtown Auburn.

Martha Hardy stepped forward and delivered a measured but thorough and compelling case against approval. She asked commissioners to consider carefully the impact the new bar would have on the business that bears her name.

Before detailing the many ways in which bar-patron passersby could compromise the safe environment she has striven to cultivate over the 30 years she has cared for children in Auburn, Hardy noted this line from the city's zoning ordinance itself:

"The purpose of this Ordinance is the promotion of the health, safety, and general welfare of the present and future inhabitants of Auburn by (section 102.11) protecting landowners from adverse impacts of adjoining developments."

Hardy asked commissioners to put themselves in a parent's position. Given the choice between two otherwise equal childcare centers, how many of them would select the one with a bar right next door?

Her point: The commission would be hard pressed to find a type of business that would have a more adverse impact on her own than the one they were considering.

Parent after parent, and even some concerned folks who don't have children at her daycare, lined up to illustrate Hardy's point: For reasons from safety to morality to just plain common sense, they pleaded with the commission not to approve the bar.

For the record, my children don’t attend Hardy's. I’ve never even met Martha Hardy. And in fairness, Haynes seems like a nice enough guy. I appreciate several things about his interest in Auburn: He’s a small business owner looking to expand. He's interested in downtown redevelopment. And although his illustrations about how he and his wife seek to advance philanthropy and be good corporate citizens were overdone, I also appreciate their commitment in those areas.

But Hardy is a small business owner, too. She is now serving a second generation of families in the downtown location she's had for 18 years. Now into her fourth decade of being a good corporate citizen, she is an Auburn resident herself. She is one of the Village's own.

This issue will be before Auburn's city councilors in coming weeks. Between now and then, I hope you will -– respectfully –- ask them to protect Martha Hardy and her business by denying Haynes's application.

Melanie Carmichael had it right: Children and bars don't mix.

See also:

Sign the petition imploring the Auburn City Council to deny Haynes's application.

Sebelius pick shows Obama is no moderate on abortion

(Originally published 3/7/09)

After Tom Daschle's withdrawal from consideration to lead the U.S. Department of Health and Human Services, I said on my blog that in selecting Daschle's replacement, President Obama would send a message to Americans about how moderate he really is. With health care reform behind only economic recovery on the president's agenda, the HHS chief will implement whatever changes Congress and the president enact.

Enter Kansas Gov. Kathleen Sebelius.

In tapping Sebelius to lead HHS this week, Obama stoked the abortion debate and began what will likely be his most contentious Cabinet nomination fight.

Kansas leads the country in late-term abortions, primarily due to the practice of Dr. George Tiller. Tiller advertises on his web site that his Wichita clinic has "more experience in late abortion services over 24 weeks than anyone else currently practicing in the Western Hemisphere, Europe and Australia."

Not surprisingly, Kansas has been the site of some of the most contentious abortion debates, and Sebelius, supported by abortion providers Planned Parenthood, has been in the middle of the maelstrom. She vetoed abortion restrictions in 2003, 2005 and 2006; last year, she killed the Comprehensive Abortion Reform Act, which would have strengthened late-term abortion laws and clarified Kansas’s parental notification law.

When Obama nominated Sebelius this week, CNN noted the "lightning rod" of controversy that erupted when Tiller and his staff attended a reception at the governor's mansion in 2007. Tiller reportedly "won" the reception at a charity auction. But it was hard to forget about when Sebelius vetoed legislation that would have severely restricted Tiller's practice –- and income.

Pro-lifers had no illusions that Obama, a strong supporter of abortion rights, would nominate one of their own to lead HHS. But neither did they expect that he would appoint someone like Sebelius.

But they should have. In his first week as president, Obama lifted the Mexico City Policy and cleared the way for American tax dollars to be used for abortion counseling and performance overseas. (Meanwhile, he's looking for ways to close the budget deficit.) No choice for American taxpayers there.

Last week, he signaled that he would rescind the "conscience rule," which allows healthcare workers to deny abortion counseling or other family-planning services if providing them would violate their moral beliefs. Forced to choose between providing abortions and closing, many Catholic hospitals -– which make up 13 percent of the country’s nearly 5,000 hospitals, employ more than 600,000 people and care for one in six patients hospitalized in America –- would choose the latter. How does that improve access to quality, affordable healthcare? But medical staff would have no choice.

This week, sponsors of the Freedom of Choice Act indicated that they intend to pursue the legislation, which would write into statute the 1973 Roe v. Wade ruling that legalized abortion and override state statutes regulating and restricting abortion. No choice for state lawmakers and governors –- or the citizens they represent –- there.

Obama ran for president on promises to build consensus, move beyond the politics of the past and forge new alliances to get things done for the American people. Those sound bites earned Obama a reputation as a moderate.

But in choosing Sebelius, Obama provided yet another exhibit in the case that on abortion, he is anything but.

Speech showdown indicative of long-term political outlook

(Originally published 2/28/09)

Tuesday night was billed as the battle of the big speeches. In one corner, President Obama, the reigning heavyweight champion of oratory, would deliver his first address to a joint session of Congress; in the other, the GOP tapped super middleweight and rising party star Louisiana Gov. Bobby Jindal to skip a few divisions and give the Republican response.

Well, if we stick with the boxing analogy, this was Tyson-Saverese: It was over in a hurry.

The pundits spent Tuesday describing the near-impossible bar Obama had to clear -- he'd need tightrope-walking acrobatics to balance the stark reality of America's economy against the hope that swept him into the White House. Be real, they said, but not too gloomy; be optimistic, but not out of touch.

Obama answered the call with a typically superior speech that was more characteristic of his ability than the disappointing inaugural address he gave last month. For about an hour, he spoke about the economy, yes, but also about the rest of his ambitious agenda.

Throughout the 20-minute delay between the end of Obama's address and the beginning of Jindal's speech from the Governor's Mansion in Baton Rogue, pundits marveled at the former.

Jindal had been speaking about a minute when I realized that my face was contorted into an expression of confusion and bewilderment. The speech was so strange, its message so muddled and Jindal's delivery so amateurish, it was almost painful to watch.

In reality, Jindal was the one with the nearly unattainable bar. Opposition responses to presidential speeches are usually wonkish, their settings comparatively poor.

But in retrospect, Jindal's poor performance had more to do with the message than the messenger. Tuesday's mess notwithstanding, Jindal is an intelligent, articulate politician with a national future. But he had little raw material to work with. The GOP is still searching for its new center -- an authentic, credible message that can counter Obama's political agenda without alienating the swing voters who elected him.

The post-mortem on Obama's speech was all about the breadth of his agenda. Pundits wondered whether he would be able -- or whether it is even appropriate -- to tackle behemoths like health care and energy reform while trying to right America's foundering economy.

At the start of the 1995 movie, "The American President," President Andrew Shepherd and his staff discuss his 63 percent approval rating and whether to leverage that high public support to pursue a particularly controversial tenet of his crime bill (coincidentally, a handgun ban).

The president's domestic policy adviser encourages the president to go for it: "Let's take this 63 percent out for a spin and see what it can do," he says.

President Shepherd passed on the "spin." But in laying out his agenda Tuesday, President Obama left no doubt that he won't.

At least for the foreseeable future, the new president and the expanded Democratic majorities in Congress are going to have their way with domestic policy in this country.

Because, as they showed this week, Republicans are still down for the count.