The Legislature adjourns. What passed and what failed.

Unfortunately, wine-in-grocery stores failed. Unfortunately, appointing a State charter school authorizer failed. The bill that would have required welfare parents of failing students to attend parent-teacher conferences or lose some of their welfare benefits failed.

Thankfully, that nutty nullification bill sponsored by Rep. Joe Carr and Sen. Mae Beavers that would  require local police to arrest federal agents carrying out any new federal gun laws failed. A very modest bill allowing local school boards to allow some teachers under certain circumstances to carry guns in school passed. Gun permits records were sealed. A very modest version of the guns-in-parking lots passed that really doesn't change much.

 An animal cruelty reporting bill, some called the “Ag Gag” bill, which would require anyone taking pictures of animal cruelty to report it to authorities within 48 hours barely passed. This does seem like a bill designed to inhibit investigative reporting of animal abuse and I hope the Governor will veto it.

 A bill to amend the state Constitution to ban a state income tax passed and will go to the public for a vote in November 2014. Legislators who live within 50 miles of Nashville, lost their $107 a day lodging per diem (no word yet on whether or not Sherry Jones will resign).

 A proposal to permit for-profit entities to operate charter schools unfortunately failed. A plan to expand the number of charter schools failed.  A voucher plan failed, due to in-party fighting over how big the voucher plan should be, so we got no voucher plan.

A proposal to have nominees for US Senate chosen by the party caucuses of the legislature instead of by voters in a state primary, as they are now chosen, failed.  A plan to redraw judicial lines and reduce the number of districts failed. A bill to ban annexation without approval of those being annexed failed but a 13-month month moratorium on cities annexing residential or agricultural land passed.

A $32.7 billion budget  that cut the death tax, cut the sales tax on groceries from 5.5% to 5.25%, and increased the fund balance in the "rainy day" fund by $100 million passed. 


For other reports on the end of legislative session follow this link, this link, and this. To see Senate Majority leader Mark Norris saying this session is "not the end of education reform," follow this link to a YouTube video.

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Legislative Session Comes to Another Successful Conclusion Under Republican Leadership

NASHVILLE, Tenn.—The General Assembly today adjourned the first session of the 108^th General Assembly. The conclusion of the session comes in a mere 33 legislative days—the earliest adjournment since 1990. 

A number of Tennessee’s top priorities are on their way to becoming law thanks to the leadership of Lieutenant Governor Ron Ramsey (R—Blountville) and Speaker of the House Beth Harwell (R—Nashville). They include: 

• Cutting taxes for all Tennesseans with reductions to the grocery tax, death tax, and Hall tax.
• Adding $100 million to the state’s rainy day fund for future emergencies.
• Placing a permanent ban on the state income tax before voters.
• Reforming the state’s antiquated worker’s compensation laws to provide certainty for businesses while protecting the rights of workers.
• Rejection of federal takeover of Tennessee’s health care system.
• New laws addressing gang violence, prescription drug abuse, repeat domestic violence offenders, and synthetic drugs
• Reducing government by placing a limit on the number of bills each Member of the House can file.

Tennessee Republican Party Chairman Chris Devaney congratulated the GOP Members of the General Assembly and remarked, “Tennesseans expect their elected officials to meet, conduct business in an orderly and efficient manner, and then return home instead of wasting valuable taxpayer dollars. That is exactly what Lieutenant Governor Ramsey, Speaker Harwell, and all the legislative Republicans have done. Tennessee is cementing its reputation as a land of opportunity for every citizen to succeed and prosper because of their hard work.”

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The Tennessean reports on "State looking at Metro elections."

State looking at Metro elections

by Michael Cass, The Tennessean, Apr. 19, 2013- State officials are reviewing the Davidson County Election Commission’s management of last year’s elections — apparently an unprecedented move — and the county election administrator said he’s hired his own attorney to help him respond.
.....
Tieche said a draft of the state’s report frequently focuses on him. He declined to make it available to The Tennessean, saying it’s not a public record until he and the commission have a chance to respond. He said he didn’t think the state has ever examined any county in that way. (read more)

For background information on this attempt by certain Republicans and left wing activist to get Albert Tieche follow this link.

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Ronald Buchanan to chair Davidson Election Commission

Ronald Buchanan, one of three new Republican appointees was elected to serve as chairman of the Davidson County Election Commission for the next two years.

Below is his profile lifted from the website of Buchanan and Schreiber:

 Ronald B. Buchanan received his Bachelor’s Degree with honors from Vanderbilt University in 1968. In 1974, he received his Doctorate of Jurisprudence from The Nashville School of Law, where he graduated first in his class. He is licensed to practice law before all state courts in Tennessee, the federal district court of Middle Tennessee and the U.S. Supreme Court.

 Mr. Buchanan has been actively engaged in the private practice of law since 1974. Beginning in 1995, he has limited his practice to the areas of business law, commercial real estate, estate planning, probate and litigation involving one of these areas.

In 2010, Mr. Buchanan completed forty hours of study to become listed as a Rule 31 General Civil Mediator by the Alternative Dispute Resolution Commission of the Tennessee Supreme Court. Mr. Buchanan has also completed a two-year course of study in financial planning presented by David Lipscomb University and certified by the College for Financial Planning. He completed courses in estate planning, income taxation, retirement planning, insurance and investment planning.

Mr. Buchanan’s law office is located in Hendersonville, Tennessee. He is active in the Sumner County Bar Association where he has served as President by a vote of his colleagues. He is also a member of the Nashville Bar Association and the Tennessee Bar Association. He has served as a special judge on numerous occasions.

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What is wrong with the Internet Sales Tax

From the Heritage Foundation

Beware the Internet Sales Tax

The Internet sales tax is back, and it could be the next big vote in the Senate.
The proposed law would enable states to force businesses to collect sales tax from customers who live in their state—even when the businesses have no connection to that state.

As Heritage President Jim DeMint has said, this violates the classic American principle of “no taxation without representation” Retailers would be forced to act as tax collectors for states in which they have no voice.

Under current law, retailers are required to collect sales taxes only in states where they have a physical presence. But Senate Majority Leader Harry Reid (D-NV) is pushing for a vote on a new Internet sales tax that would hit all online businesses—no matter where they’re located.
DeMint says:

Consider the absurdity of such a law. When a customer buys a product in a store, does the cashier ask for the customer’s home address? Of course not. The store simply charges the state and local sales taxes applicable for its physical location, no questions asked.

“Brick-and-mortar” stores like Wal-Mart are in favor of the Internet sales tax, because they see these online retailers as competitors. But the other big proponents of the tax are state governments, which would be able to reach into other states for revenue.

States are struggling with their own budgets—but they should have to make the hard decisions to manage their budgets, rather than trying to collect taxes from citizens of other states to help cover their expenses. As DeMint said.

Politicians want this bill passed to raise new tax revenue for broken state governments facing budget shortfalls. But legislators in state capitals don’t want to make the hard decisions to cut spending or raise taxes on their constituents—they fear the voter backlash. So they’d like their allies in Washington to make it legal for them to tax people who can’t vote against them.

This taxation without representation might boost some state tax collections, but it wouldn’t help the economy. Heritage legal expert David Addington has written that “hobbling out-of-state businesses that sell through the Internet or mail order catalogs does not help the national economy .”
Instead, the Internet sales tax would “increase the amount of tax dollars millions of Americans pay, encourage states to increase the size and scope of their governments, favor some states over others in granting federal authority, and discourage free-market competition in interstate commerce,” Addington wrote.

It’s simply another bad idea coming out of Washington at a time when consumers and businesses are struggling to get by.

My comment: 
I oppose this Internet sales tax and am disappointed that it is being sponsored by our own Senator Lamar Alexander.  He has been pushing this initiative for several years. 

Now, if I was to drive to Kentucky and buy groceries, I would not have to pay Tennessee sales tax but I would pay the Kentucky sales tax. If I buy something on-line from a vendor in Kentucky, why should I pay Tennessee sales tax?

While the principle of taxation without representation is most persuasive, there are practical reasons to oppose this bill also. It will place big burden on online vendors who will have to calculate 50 different tax rates and have the expense of accounting for and remitting the collected taxes. Looking further down the road, if the states are successful in requiring the vendor to collect state sales tax, then it is very likely that cities could also require vendors to collect local sales tax. A vendor would have to calculate thousands of different taxes and remit money to thousands of different cities. This bill could cripple Internet commerce and slow this growing sector of the economy.

One of the arguments in favor of this bill is that it creates fairness for brick and mortar store merchants. Brick and mortar stores result in a cost to the government jurisdiction in which they are located and sales tax collections cover these cost. Brick and mortar stores result in a need for police protection, road maintenance, traffic and parking management and numerous other government services; Internet sales do not require these services of local government.

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Gov. Haslam explains voucher plan in WSJ

Tennessee Is Moving Ahead on Effective School Reform  

Regarding your April 15 editorial "Tennessee Voucher Fiasco" (April 15): I am an avid supporter of school choice. After passing the largest expansion of our state's charter-schools law during my first year in office, we began working to help design a voucher program that would fit best into Tennessee's overall education reform efforts.
.....
Your claim that the School Boards Association or teachers unions influenced this decision in any way is just plain wrong. Both groups oppose vouchers in any form and never supported my bill. In fact, the union ran television ads attacking vouchers. However, at the end of the day, it was infighting among advocates and not the opposition's efforts that derailed vouchers in Tennessee this year.

Gov. Bill Haslam (read it all)

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The Tennessean reposts "Election commission gets good marks in audit"

Election commission gets good marks in audit 

The Davidson County Election Commission has controls in place to ensure the integrity of elections, though several problems “aggravated” customer service in November, a Metro audit found.(read more)

To read the full 34-page audit, follow this link:Metro audit .

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Ken Jakes says, "tell the truth." Farmers maket is not self supporting.

From: Ken Jake
To: Ms. Yockey
CC: Nancy Wittemore, Members of Council, and others
RE: Information on website not accurate

Ms. Yockey, It is my understanding that you maintain the web site of the Nashville Farmers Market. If that is incorrect please inform me who the staff is that maintains the web site. I am copying and pasting from the web site below:

How is the market supported? NFM is supported by merchant fees, venue rental fees & grants. The Market operates on a small budget that must support a large array of operating expenses that includes facility care & maintenance, insurance, permits, licenses, signage, utilities, disposal, site improvements, marketing, a 6-person staff and more. We meet these needs largely through merchant rental fees. 

I believe this  to be totally false. Your are omitting that NFM is supported heavily by the taxpayers. It has been on the back of the taxpayers for years. The web site indicates it is self supporting, which is in my opinion totally false. Please update to correct it or leave it as a lie; but the truth is the truth.

Thank you,
Ken Jakes

I agree.  Rod

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The Tennessean reports on Williamson County textbook controversy

A parent's group led by anti-Murfressboro mosque crusader Laurie Cardoza-Moore has alleged the Williamson County schools are using a text book that promotes antisemitism. The evidence of this is the way the book challenges students to think about the difference between political violence and terrorism by asking this question: If a Palestinian suicide bomber kills several dozen Israeli teenagers in a Jerusalem restaurant, is that an act of terrorism or wartime retaliation against Israeli government policies and army actions?

This is a college level text book used in an advanced placement class. Assistant Superintendent Tim Gaddis says the question is taken out of cotext.

I am not outraged over this myself. This is a book used to teach smart college-bound kids. Soon they will be in college and be challenged to question and think about many complex issues. Anyway, I would not follow a leader who does not believe the First Amendment also applies to Muslims and who believes that local government should get to decide which religions are allowed to build houses of worship.

Below is the Tennessean's reporting.

Williamson parents say textbook promotes bias 

School officials say state-adopted text is not anti-Semitic 

The Tennessean, Apr. 18, 2013, FRANKLIN — After testifying before the Williamson County school board this week, a parent says she wants to meet with Director of Schools Mike Looney and hopes to lobby legislators to establish a board to vet curriculum used in Tennessee schools for anti-Semitic content.
.....
Cardoza-Moore, president of pro-Israel group Proclaiming Justice to the Nations, said this is an example of a new kind of anti-Semitism that is being subtly woven into information given students. The goal is to delegitimize the Jewish right to the land, she said.

She also compares the subtle nuances to hateful propaganda disseminated about Jews as Hitler came to power in Germany, ultimately leading to the extermination of millions. This type of disinformation historically leads to violence against Jews, she said. “The Holocaust did not happen in a vacuum.(read more)

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Good news! I thought wine-in-grocery-stores was dead for this session but it is still advancing.

Dear Red White and Food Members:
  
Last night the Senate Finance, Ways and Means Committee voted to pass the wine in retail food stores referendum bill. Read a statement from Jarron Springer, Tennessee Grocers & Convenience Store Association president, about the outcome of the vote:

“We are glad to see the wine in retail food stores referendum bill regain its momentum in the Senate. The Finance, Ways and Means Committee’s passing the legislation today puts us another step closer to Tennesseans’ having the right to vote on where they buy wine in their communities.

“The adopted amendments on the bill will help create a level playing field for all parties, and we look forward to this bill’s being heard by the full Senate in next year’s legislative session.

“Again, I want to express my appreciation to Lt. Gov. Ramsey, Speaker Harwell, and our bill sponsors Sen. Ketron and Rep. Lundberg for their support and commitment to making this a comprehensive piece of legislation.

“We’re hearing from our customers that they’re still very excited by the possibility of voting on wine in retail food stores for their communities, and we believe this public support will lead to the bill’s eventual passage by the full Tennessee General Assembly.”

Please take a moment to thank the senators who voted to give their constituents, and other Tennesseans, the right to decide where they buy wine in their communities.

Below is a list of the legislators in the Senate committee and how they voted on the referendum bill. Please take a minute to call or email these senators who voted “yes,” as well as Lt. Gov. Ron Ramsey, and thank them for looking out for Tennessee consumers.

• Lt. Gov. Ron Ramsey, lt.gov.ron.ramsey@capitol.tn.gov, (615) 741-4524
• Voted “yes”:
      o Sen. Steven Dickerson, sen.steven.dickerson@capitol.tn.gov, (615) 741-6679
      o Sen. Ferrell Haile, sen.ferrell.haile@capitol.tn.gov, (615) 741-1999
      o Sen. Douglas Henry, sen.douglas.henry@capitol.tn.gov, (615) 741-3291
      o Sen. Bill Ketron, sen.bill.ketron@capitol.tn.gov, (615) 741-6853 *Sen. Ketron is the bill’s sponsor in the Senate.
      o Sen. Randy McNally, sen.randy.mcnally@capitol.tn.gov, (615) 741-6806
      o Sen. Mark Norris, sen.mark.norris@capitol.tn.gov, (615) 741-1967
      o Sen. Bo Watson, sen.bo.watson@capitol.tn.gov, (615) 741-3227
• Voted “no”:
      o Sen. Lowe Finney
      o Sen. Joey Hensley
      o Sen. Jim Kyle
      o Sen. Doug Overbey

Thank you for your support.

Cheers,
The Red White and Food Team

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What happened in the Metro Council on April 16th

At only 35 minutes this is a very short Council meeting. To see my commentary on the agenda and a link to the meeting agenda and the metro council staff analysis follow this link. 

There are a couple resolutions that were apparently late resolutions because they are not on the printed agenda.

Resolution 666 is a resolution by Gilmore that asks MDHA not to implement a policy charging tenants for utilities that were previously included in the rent.  She withdraws it because MDHA has told her that they have chosen not to implement this new policy. This is a shame. Many years ago for a short time I worked in the public housing section of MDHA and would go to tenants homes in the dead of winter and find widows open when it was below freezing outside. When people get an unlimited amount of something for free they do not conserve. If we have a good conservative council member on the council or even one with a little common sense, they should come back with a resolution urging MDHA to implement the policy. Rent could be rolled back by the amount of rent now going to pay utilities and the tenants should pay their own utilities. Those on zero rent could still get it free, or give then an allowance for utilities and if they spend less, let them keep the money. We should give public housing tenants a little bit of decision making responsibility. Stop treating them like children or idiots! 

Councilman Ronnie Steine has a late memorializing resolution honoring the state of Israel's 55th anniversary.

A Resolution by Councilman Bedne asking TDOT to widen a portion of Nolensville Rd is defered indefinitely because TDOT has already put this project in the budget.

All other resolutions pass on the consent agenda and all bills on first reading pass.  Bill 423 on first reading is discussed however, which is very unusual. Bills do not go to committee until after first reading and are not analyzed by staff. First reading is just a formality to have the bill introduced. This is a bill that would swap some Metro land for some State land. The land that the School for the Arts sits on and the land that will be the site of the future STEM charter school located on the old Tennessee Preparatory School site would be swapped for the old Ben West Library site. Metro now
owns the library and the State owns the TPS site. No one makes a motion to kill it but Councilman Mitchell makes an argument against it. (see 15:42 to 23:20 in the video) He argues that it is an uneven swap but his real motivation seems to be to speak out against charter schools. There is some concern about tearing down the old library because some consider the building architecturally significant and there is also some concern that there is a deed restriction that requires the site to be used as library or revert back to the heirs.

There is no discussion of the bills that are on Second Reading.

Bills on Third Reading:
BILL NO. BL2012-292 would liberalize the policy on home recording studios gets a Planning and Zoning committee report of 6 for to 4 against a one meeting deferral.  It is deffered one meeting to allow more discussion.

The cable TV bills pass with no "no" votes or discussion.

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Firearms background check bill fails

After a lot of lobbying and debate the bill to expand firearms background checks failed. The bill needed 60 votes and only got 54. The bill would not have done much good or damage anyway, depending on how you look at it. It really didn't amount to much. It would have still exempted sale between most individuals. You could still have loaned a gun to someone or given a gun as a gift or inherited a gun without a background check.  If you would have posted a want ad in the newspaper to sale a gun or tried to sale one online on the internet, a background check would have been required. It would have closed the gun show loophole. Anyway, it failed.

Our two senators voted against it. The only Republicans voting in favor were McCain (AZ), Collins (ME), Toomey (PA), and Kirk (IL). Five Democrats including Harry Reid voted against it.

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The Tennesean reports on the opposition to common core

Today's Tennessean has a lengthy article explaining common core and explaining the opposition of some conservatives. The article reports that some conservative groups want Tennessee to drop its commitment to common core and get out of it. They see it an an attempt to centralize education in the hands of the federal government. Below is a link and selected excerpts from the article.

TN school standards plan draws fire

“There may be some folks around the country that might be satisfied that Tennessee’s academic performance is poor,” said Jamie Woodson, president of the State Collaborative on Reforming Education and a former Senate education committee chairman who supported Common Core’s adoption. “We are not.”
.....
But it was public insults from national critics that prompted Tennessee’s most recent push to improve. In 2006, the magazine Education Next gave the state its “cream puff award” for having the nation’s lowest standards. A 2007 National Chamber of Commerce report awarded Tennessee an “F” in Truth in Advertising, a grade based on National Assessment of Education Progress results showing not even a third of Tennessee students performed proficiently in reading and math.

The state’s own tests showed nearly 90 percent proficiency.
.......
The National Governors Association and the Council of Chief State School Officers, both nonprofit coalitions, headed up writing the standards. They’re not a curriculum, just an accounting of what students should know when. Districts choose their own textbooks and teachers write their own lesson plans to get there.

Tennessee students will be tested on the new standards in the 2014-15 school year.

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Why we need Immigration reform

I hope that before those on the right jump to conclusions and denounce this proposal as "amnesty" they will learn what is in it. This bill brings people out of the shadows and lets them pay a penalty for being in this country illegally. It is a long difficult process to get from a temporary work permit to a green card to citizenship under this proposal. Illegals could not be eligible for Obamacare or other public welfare benefits under this proposal. There are triggers to ensure the border is secure before the program advances. This is much better than the status quo. We are not going to round up the 10 to 20 million who are here and send them all home. That is just not going to happen. This bill needs to be fully debated and this or something very similar needs to pass.

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Court Breaks Open Milwaukee’s Taxi Cartel

Engaged Judge Rules That City Cannot Pass Laws Simply to Protect Industry Insiders

Milwaukee, Wis.—In a resounding victory for economic liberty, today Judge Jane Carroll of the
Milwaukee Circuit Court struck down the city’s taxicab law that outlawed competition in the taxi market.  The law, implemented by the city in 1991, caused the price of a taxi permit to rise from $85 to over $150,000.  Judge Carroll ruled from the bench shortly after listening to arguments in a lawsuit brought by three local taxi drivers and the Institute for Justice (IJ), the national law firm for liberty.

“Thanks to today’s victory, the city’s 20-year taxi monopoly is broken,” said IJ Attorney Anthony Sanders.  IJ filed suit against the city in September 2011 on behalf of three local taxi drivers.  “The court found that in 1991 the city purposely created an unconstitutional taxi system where only the privileged few would benefit and competition would be outlawed.”

Judge Carroll found that both of the arguments the city provided for the law were illegitimate.  The city argued that officials did not want to hold an annual meeting on the issue of taxicabs.  But the judge ruled that public servants cannot write laws that simply save themselves from the trouble of going to a meeting.  The city also argued that limited competition would make taxi owners more professional.  Judge Carroll rejected that argument as well, saying that all the city did was provide a windfall for those who happened to have cabs in 1991.

One of the taxi owners who testified in support of the law in 1991 said his business would be worth more without having to face competition, and with the law in place he could profit enough to retire some place warm.  But today Judge Carroll said that the government cannot pass laws simply to help politically favored businessmen retire to Florida.

“Today’s ruling is a textbook example of judicial engagement,” said IJ attorney Katelynn McBride.  “The judge looked at the facts of this case and rejected the city’s bogus arguments, revealing the real reason this law was passed:  to protect the politically powerful at the expense of everyone else.  The judge ruled that economic protectionism is not a constitutional use of government power.”

The Milwaukee Journal Sentinel already declared today’s ruling a “significant legal victory.”  The paper has editorialized that “Milwaukee’s cap on taxicab permits makes little sense.  The city needs more transportation options, and cabs should be one of them. . . . Lift the cap, and let the market decide.”  Likewise, the Financial Times of London featured the Milwaukee taxi system in an article on economic protectionism, calling it a “visible and easy-to-measure example” of a “minor evil” that allows “some to grow rich at the expense of others.”

“I now believe in the American judicial system,” said Milwaukee taxi driver and IJ client Ghaleb Ibrahim. “During the course of this lawsuit, I was fired because the owner of my cab did not like me standing up for my rights.  Thanks to today’s ruling, I now have the freedom to own my own taxicab.  That’s exactly what I’m going to do.”

The Institute for Justice has helped open taxi markets in Denver, Indianapolis, Cincinnati and Minneapolis and for more than 20 years has been the nation’s leading legal advocate for the rights of entrepreneurs.  For more on the lawsuit to open Milwaukee’s taxi market, visit www.ij.org/MKETaxis.

My Comment
The Institute for Justice is one of the organizations that I support with my civic giving. They have been active in Nashville, in stopping eminent domain condemnation to benefit a private developer in the case of Joy Ford and in attempting to overturn Metro's limousine price fixing scheme. They prevailed in stopping the illegal condemnation of Joy Ford's property. Unfortunately they were not successful in overturning Metro's limo price fixing policy but they fought the battle up through the district court.  IJ is winning battles for economic freedom around the country.

It is my hope that the next time we have a Council election that we elect council members who support fair play and economic liberty and will overturn our price fixing regulation and will take away from MDHA the power to condemn property.  I would hope that we would elect council member who oppose crony capitalism and price fixing and who believe it is wrong to take one person's property to benefit another person.  If we had the people with the right values in our Council we would not need to turn to the courts to establish justice. To read more about these issues follow these links: "Eminent Domain,"  "Joy Ford," and "Limo price fixing."

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Confronting Common Core event

I am posting as an FYI, unfortunately this event is already sold out. I waited too late to register. Keven Kookogey is the former chairman of the Williamson County Republican Party.

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Bill to prohibit welfare debit card use at strip clubs and liquor stores passes

Senator Jim Tracy and Rep. Terri Lynn Weaver worked with the Beacon Center to develop legislation to prohibit the use of welfare debit cards at strip clubs, casinos  and liquor stores. The bill has passed and is now on its way to the Governor. To read about the EBT card abuse issue follow this link and to learn more about the abuse discovered by the Beacon Center follow this link.

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Picking and Choosing which rules apply at Farmers Market

by Ken Jakes

I attended a special called meeting of the Nashville Farmers Market for vendors and merchants last Thursday April 11th. When it came to the point in the agenda for comments from merchants, one of the merchants was very upset and told Nancy Wittemore, the Acting Director of the Market, that the Market was unfair in their enforcement of the rules and regulations of the market.

After the merchants comments, I spoke and I told the director and staff that I could relate to what was just told them by the previous speaker. At times, there is no enforcement of the rules and yet at other times there is strict enforcement, I said. I reminded the Director that I had just emailed her the night before about how the market was violating Section G(2) of the Rules and Regulation which prohibits the sell of alcoholic beverages at the market. Below is the section of the Rules and Regulation that address this issue:

Rules and Regulations Governing the operation of Metropolitan Nashville-Davidson County Farmers Market,  Approved by Farmers Market Commission as amended on February 23, 2012.

Section G (2) Prohibited Items or Acts. No Alcoholic beverages or any controlled substance in any form shall be consumed, kept, bought, or sold in any kind of containers at any stall, or location on the Farmers Market Premises.

I have been informed that this rule is fully understood by the Farmers Market Board and Director, since the Rules of Operation were amended and approved by the Board and filed with the Metro Clerk. The Board fully intended for that rule to be policy and for their rules to be obeyed.  It is furthermore understood that the choice of language of the board was that Alcoholic beverages are "PROHIBITED."  It is to mean just that.

It is also understood in the Rules under section "(1) AUTHORITY," the Board is to administer practices with fairness. On a recent visit to the farmers market with my wife, we noticed wine being sold.  People were setting around everywhere at tables drinking wine by the glass. Furthermore, I have obtained numerous public records documenting that wine is being sold by the farmers market on the nights of the Night Time Market.

I don't care about the wine; heck, I wouldn't mind having a good glass myself. It is about picking and choosing when the Rules and Regulations apply.

I have sent numerous emails informing Mayor Karl Dean, Metro Legal, all Board Members of the Farmers Market, and the Acting Director Nancy Whittemore of the specific rule they are violating and that they willfully and intentionally continue to violate.  I went to the Farmers Market today and saw that vendors  were not only selling wine but beer as well. I called the Metro Police Department and Officer C.Connelly responded. I showed the regulations to him and he said it was not a criminal matter but a civil matter. I told him that already knew that. He told me he couldn't do anything about it. I informed him he could do just what I called him to do and that was to accept from me a citizen's complaint.

The complaint is what I wanted. I wanted it documented by the Police Department that the Farmers Market was still selling wine and beer even after they have been informed many times of the violation of the Farmers Market Board Rules and Regulations. I told him not to worry about what he will do, I told him to document for me and I will proceed to file the complaint. He filed a case complaint number 13-345544.

Now, I have it documented by the police that Farmers Market continues to violate this rule. The Farmers Market regulations and their actions of ignoring this rule are as clear as it gets. Farmers Market Board Member Joycelyn Stephenson is an attorney. She has been well informed, and it is HER rule as a Board member as well as all the other Board members that they are violating.

It is my opinion that this may be an issue to take up with the State of Tennessee Supreme Court Board of Professional Responsibility for ethical violations. If the Nashville Farmers Market wants to sell wine and beer, then have them change their rules and regulations to permit it, but don't pass regulations prohibiting wine and beer and then allow it to go on blatantly in front of everyone.

One would think that with Mayor Karl Dean being the former Director of Metro Legal that he would want all his appointments to boards and commissions to obey, and enforce equally and fairly all of their rules and regulations. Rules of Operation are supposed to apply to all.

I have filed a complaint and requesting as a taxpayer of Metropolitan Nashville-Davidson County, that the Market stop the violation of alcohol being sold immediately.  If the Market wants to sell alcohol, then the Board should give proper public notice, hear from the public, discuss the matter, and approve changes to the Rules of Operation, and file those changes with the Metro Clerk.

Picking and choosing which rules to enforce is, unfortunately, business as usual for the Farmers Market. This is another management issue for the City needs to look at and resolve for the people.

Ken Jakes is a frequent critic of Metro Government and a citizen activist discovering and exposing government corruption and waste.

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CANCELLED MEETING Southeast Conservatives' Breakfast

The Conservatives' Breakfast scheduled for tomorrow, April 20th, has been cancelled due to the death of Al Bodie, former Commissioner under Governor Sundquist.  Al was a great supporter and volunteer for many of Davidson County's Candidates.

We felt this is right thing to do since visitation and funeral are tomorrow and many of our members plan to attend.

See you on May 18th for next Breakfast.

Pat Carl

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Does the Williamson County School System promote antisemitism?

Does the Williamson County School System promote antisemitism? According to Laurie Cardoza-Moore it does. Ms Cardoza-Moore is the President of a group called Proclaiming Justice to the Nations. The website of PJTN says, "PJTN was established to educate Christians about their Biblical responsibility to stand with their Jewish brethren and Israel, utilizing the powerful medium of documentary films to facilitate dialogue between the Christian and Jewish communities." Ms Cardoza-Moore may be best know for her leadership roll in opposing the building of a Mosque in Murfressboro.

Ms Cardoza-Moore is calling on people to turn out tonight to protest at the Williamson County School Board and take a stand against antisemitism. Specifically what is being protested is a textbook that, according to Ms Cardoza-Moore, "confuses 'terrorist attacks' with 'political violence.'"  The specific example she sites is this:

If a Palestinian suicide bomber kills several dozen Israeli teenagers in a Jerusalem restaurant, is that an act of terrorism or wartime retaliation against Israeli government policies and army actions?

I am myself not convinced that that is an example of antisemitism and I really doubt the Williamson County School Board is guilty of promoting antisemitism. If the book is age-appropriate for the students, the quoted excerpt very well may be an appropriate means of getting students to think about current events and take an interest in the subject matter. I would bet that most students would answer the question by saying that killing teenagers in a restaurant is terrorism.

If I lived in Williamson County, I would not join the protestors. Maybe those who fear that antisemitism is being taught in the Williamson County Schools should read the textbook and share their concern with school administrators and school board members before joining others in demanding a textbook that they have not read be removed based on one out-of-context excerpt. Maybe it is a pro-terrorism and anti-Semitic textbook but I don't think one can make that judgement based on this one excerpt.

This notice of tonight's call for protest was sent to me from the Tennessee Freedom Coalition. Below is the text of the notice they forwarded:

This past Monday (April 8th, 2013) Jews, Christians, and people of conscience united around the globe to remember the six million men, women, and children who were violently murdered by the Nazi's because of their faith. That day of remembrance is called Yom HaShoah.

The Holocaust did not happen in a vacuum. This horrific event in history occurred systematically because Christians, Germans and world leaders turned a blind eye to the growing anti-Semitism in communities across Germany while Adolf Hitler, incrementally executed his evil agenda.

This coming Monday, at 6pm, you have an opportunity to stand against the growing threat of the "new" anti-Semitism in our community by attending a Williamson County School Board meeting to demand that our elected officials remove curriculum that confuses "terrorist attacks" with "political violence."

The text in question is taken from The Cultural Landscape Curriculum - An Introduction to Human Geography; under the title, "Why Has Terrorism Increased?" The author states, "If a Palestinian suicide bomber kills several dozen Israeli teenagers in a Jerusalem restaurant, is that an act of terrorism or wartime retaliation against Israeli government policies and army actions?"

This type of blatant anti-Semitic propaganda and disinformation, has no place in our community and it should not be taught to our future leaders. PJTN is uniting with other organizations in middle Tennessee to launch a community-wide effort to remove any curriculum from our County/City schools that support Arab/Palestinian terrorist attacks against our Jewish brethren and we need you to be there! So please, make every effort to attend!

During a meeting last December with Franklin High School faculty, our requests to provide an alternative textbook that would provide factually accurate and balanced information was denied.

So, please plan to arrive early. Not only do we need every tax-paying citizen and their students in the County to attend, but if you live in the surrounding counties, you should attend too. This curriculum is being peddled to our children across the State and in private schools as well. A statewide effort must be launched to remove this type of biased curriculum from our elementary, junior and senior high schools, as well as our schools of higher learning.

As I stated earlier, the Holocaust did not happen in a vacuum, and in the words of Holocaust survivor, Elie Wiesel, "Indifference to evil is evil."

The Williamson County School Board meeting convenes at 6pm tomorrow, Monday, April 15th at 1320 Main Street, Suite 202, Franklin, TN.

Remember to forward this information to your family and friends. The press will be covering this story and we need to pack the house to show that we are committed to this effort.

For more information, please contact our office at: 615-778-0202, or email me at: lauriecm@pjtn.org. Please forward this email to everyone you know and ask them to take the time to attend, the future of our community, this great state and the future of the United States demands it.

God bless you!

Laurie Cardoza-Moore President & Producer

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School Board member Will Pinkston to hold public meeting

From Will Pinkston

After eight months on the Nashville School Board, it’s clear to me that our community is spending too much time talking about charter schools and not enough time focused on improving our existing neighborhood schools. To help reset priorities, I’m hosting a community meeting in School Board District 7 on Saturday, April 20, at 2 p.m. Officials from Metro Nashville Public Schools will be on hand to discuss large-scale school improvement strategies, receive public comment, and answer any questions you might have. This meeting will be held at Conexión Américas’ new Casa Azafrán Community Center, 2195 Nolensville Road. Please join us Saturday afternoon for coffee — and a conversation about the future of Nashville’s public schools.

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Tennessee NORML Marijuana Education Day & Celebration April 20

For more information, follow this link.

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Visitation for Al Bodie

Visitation for Al Bodie will be this Saturday, April 20, at:

First Baptist Capitol Hill

625 Rosa Parks Blvd.

The visitation will be at 10 and the service at 11a.m.

NASHVILLE, Tenn.—Chairman of the Tennessee Republican Party, Chris Devaney, made the following statement regarding the passing of former Tennessee Commissioner of Labor and Nashville Republican activist Al Bodie:

"It is a sad day for the Republican Party. We have lost a true friend and trailblazer in Al Bodie. Our prayers are with his family and his contribution in growing our Party will not be forgotten."

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Mt. Juliet Republican Women present Understanding Common Core Standards.

An Overview of our Current Education System: UNDERSTANDING COMMON CORE STANDARDS. LAURI DAY speaker, hosted by: MT JULIET REPUBLICAN WOMEN April 15, 2013 6:30pm, Courtney's Restaurant, 4066 N Mt Juliet Rd, Mt Juliet, TN 37122.

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What is on the Council Agenda for Tuesday April 16th?

You can get your own copy of the Metro council meeting agenda at this link: Metro Council Agenda. You can find the analysis at this link: Metro Council Agenda Analysis. Council meetings can be really, really boring if you don't know what the Council is voting on. With an agenda and analysis, they are just boring.

There is only one resolution on public hearing. It concerns the minimum distance requirements for obtaining a beer permit for a particular piece of property and should interest no one but immediate neighbors.

There are fifteen resolutions all of which are on the consent agenda. A resolution is put on the consent agenda if it is likely to be non-controversial and it stays on the consent agenda if it passes the committees to which it was assigned unanimously. Bills on the consent agenda are usually not controversial and tend to be routine matters, such as accepting grants from the Federal or State Government or authorizing the Department of Law to settle claims against the city or appropriating money from the 4% fund. Resolutions on the consent agenda are passed by a single vote of the Council rather than being considered individually. However, any member of the body may have a bill pulled off of the consent agenda. I do not expect any to be pulled off of the consent agenda. I don't see any controversial resolution and would not expect any opposition. However, there are a couple resolutions to watch.

Last council meeting, RESOLUTION NO. RS2013-640 which allows Metro to accept certain incomplete infrastructure located within the River Landing subdivision left incomplete by the developer was initially on the consent agenda but taken off by the night of the council meeting and was considered separately and was deferred one meeting. It is back on the consent agenda this meeting. The cost to complete this infrastructure is estimated to be $489,560. Metro has sued the developer and collected $54,000, yet Metro will be stuck with the balance. Council has been reassured that changes have been put in place so that Metro will not be left holding the bag in future developments.

RESOLUTION NO. RS2013 approves the new four year plan for reappraisal and equalization of assessment for Davidson County. The property reevaluation will be completed in the year 2017, which will be the next reevaluation year. There is no reason to oppose this. If anyone does they are grandstanding, but reappraisals are never popular and grandstanding might be tempting. 

Bills on First reading almost always pass. There are ten bills on first reading. They are considered as a group and are seldom discussed. First reading is a formality that allows the bill to be considered. Bills are not assigned to committee or analyzed by council staff until after they have passed first reading. I have not carefully reviewed the bills on first reading, but will before second reading.

Bills on Second Reading: It is on Second reading, after bills have been to committee, that discussion usually takes place. There are only six bills on second reading. None of them seem terribly important but below is one worth noting:

ORDINANCE NO. BL2013-405 approves a sublease agreement between the Metropolitan Government and STEM Preparatory Academy for the use of a portion of the Tennessee Preparatory School campus located at 1250 Foster Avenue.

Bills on Third Reading: Third Reading is the final reading. If a bill passes third reading it becomes law unless it is vetoed by the Mayor, which has only rarely happened.

BILL NO. BL2012-292 would liberalize the policy on home recording studios. It adds a new land use specific to home recording studios and would permit studios to have up to ten clients, customers, musicians, or other visitors come to the property per day. Sufficient off street parking would have to be provided and home recording studios would be subject to the residential noise restrictions in the Metro code. The ordinance would retain the existing prohibition on signage. This issue was before the council on public hearing on December 4th, 2012 when it generated a lot of comment. I support this bill. I think we should support the music industry and our songwriter and musician neighbors. This bill passed on a voice vote on second reading but some council member have concerns about it and it could be close on third reading.

ORDINANCE NO. BL2013-394 amends the Metro zoning code to add community education as a permitted use in additional commercial zoning districts. Allowing schools in the districts will encourage infill development and the adaptive reuse of existing vacant buildings.This ordinance has been approved by the planning commission. I see no reason why anyone would oppose this.

ORDINANCE NO. BL2013-395 was on public hearing last meeting and passed by voice vote which means no one asked to be recorded as voting "no." It approved a settlement agreement with Comcast and approves a new cable franchise agreement with Comcast. Bill 396 is closely related and is also on third reading. This new agreement covers a lot of ground. If you want to know more see the council analysis. Last meeting, Councilman Charlie Tygard raised some issues about the bill and proposed amendments. This is one to watch. Below is how the Tennessean reported the issue after second reading:

Metro Council advances deal with Comcast that includes 5-cent fee increase 
After three years of negotiations, Metro and Comcast are nearing approval of a new franchise agreement that would let the cable giant run lines all over the city for the next 10 years. The agreement allows Comcast to increase its fee to subscribers from 5 cents to 10 cents a month for running public access television channels. The Metro Council voted unanimously Tuesday to advance a deal on a second of three votes ahead of a May 5 expiration date on the parties’ existing contract. (read more)

This should be a relatively short meeting. 

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Tax Day Event

From the Nashville Libertarian Meetup Group: 

Monday, April 15, 2013 11:00 AM Legislative Plaza 6th Ave and Union. 

We will be on the plaza.  Join us as we pass out million dollar bills to the downtown Nashville lunch crowd as part of a Tax day educational event. Feel free to bring signs. Call us at [masked] if you have questions or cannot find us. We will stay downtown for several hours. (link)

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Jim Tracy raises $450K, Joe Carr $200K in primary campaign against DesJarlais

Tennessee: DesJarlais Primary Opponent Raises $450000 in First Quarter 

Jim Tracy, a Tennessee state senator challenging scandal-plagued GOP Rep. Scott DesJarlais in the primary, will announce Monday that he raised almost $450,000 in the first quarter of the year, according to fundraising figures provided exclusively to CQ (Read More)

Joe Carr raises over $200K in bid for 4th District race.

The Chattanoogan.com, April 09, 2013- State Rep. Joe Carr announced Tuesday that his Exploratory Committee for Congress raised over $200,000 in his effort to become Tennessee’s next Congressman from the 4th District.(read more)

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