Saturday, January 18, 2014

According to The Scene and The Tennessean, this is who is running for Mayor: Barry, Todd, Kane, Johnson, Bone, Brunson, Freeman, Hall......

The Crowded Field Circling the Mayor's Race 
The Nashville Scene,  by Steven Hale, Fri, Jan 17, 2014 - Among the hundreds of people crammed into West End Middle School for last night's public meeting on Mayor Karl Dean's proposed bus rapid transit project, The Amp, were several people with an eye on his job. (link)

Race for Nashville mayor gets interesting
The Tennessean, by Bruce Dobbie, Jan. 18, 2014 - The mayor’s race to succeed Karl Dean just got a whole lot more interesting. Four additional Nashvillians are considering entering the contest. All of them are smart and accomplished. All could run credible races. To date none has been mentioned in local media as a potential candidate. (link)
Read the two above articles to get an insight into the race for Mayor. According to the two articles and other sources, here are the leading contenders:
  • Megan Barry,  At-Large Council member. She is considered the most "progressive" of the field.
  • Carter Todd, Metro councilman representing Green Hills area and until recently was general counsel and vice president at Gaylord Entertainment. He is the only Republican in the field that I know of.
  • Jeremy Kane, former CEO of LEAD Public Schools. I don't know much about any of these candidates yet, but being from a charter school background would be a plus in my consideration given the anti-charter position of our public school director and school board.
  • Torry Johnson, District Attorney, who recently announced he is not seeking reelection to that post.
  • Charles Robert Bone, general counsel of the Convention Center Authority. He is very active in the Democrat Party.
  • Stuart Brunson, chairman/CEO of Aid & Assist At Home, a provider of home care to seniors and the disabled. He served as deputy governor under Phil Bredesen.
  • Michael Burcham, President/CEO of the Nashville Entrepreneur Center.
  • David Fox, former School Board chairman.
  • Bill Freeman, Real Estate Investor.
  • Sheriff Daron Hall
  • Jerry Maynard, at-large Councilman and the only African-American in the race. 
I am sure there are others who are thinking about entering the race. I would like to throw out three names of people I would like to see throw their hat in the ring:
  • Tim Garrett, Councilman at-large and former state representative. He is a Democrat but considered  a more conservative Democrat. He is fair-minded, likable, fiscally responsible, has a wealth of knowledge and is capable. 
  • Charlie Tygard, Councilman at-large. He is a Republican, has served on the Council a long time and is fiscally conservative. Like Garrett, he has a depth of knowledge of Metro Nashville.
  • Lee Beaman. I am not even sure he lives in Davidson County. Beaman is a wealthy businessman, owner of Beaman motors and Beaman bottling. He is active in civic affairs and has charisma and almost everyone who has been in Nashville for any time has bought a car at a Beaman dealership. 
If anyone is running for Mayor, send me your press releases.  If you have someone who you would like to see run or if I left a potential candidate's name off this list, please leave a comment. Also, who are you supporting and why?


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AMP dog and pony show nearly busted out into a full blown public hearing

".... go to Cleveland. See what a mess it is."
I was not able to attend any of the AMP meetings but from reports in the Tennessean, crowds have grown with each of the several AMP meeting. The last meeting was so well attended that the MTA has decided to have an additional meeting. MTA has billed the meetings as "final design" meetings and not as public hearings on the merit of the AMP project. Announcements of the meetings were worded so as to discourage opponents from attending.  Also the Stop Amp people were late in urging opponents to attend the meetings reasoning that contributing to "final design" meetings would imply acquiescence that the AMP was a done deal.

Local Enclave blogger Mike Byrd attended the West End AMP meeting and reports on how the MTA almost lost control of their carefully orchestrated dog and pony show. Below are excerpts from his report:
Tonight's Midtown transit "open house" or "workshop" (or whatever officials are deciding to call it at the moment) nearly busted out into a full blown public hearing on the east-west connector after one person in the audience asked an Amp engineer who was finishing up at the podium if he would take questions from the floor. .....someone else in the crowd spoke up and asked the engineer to use a microphone so everyone could hear him. The engineer declined to grab the mike and expressed his own wish that all questions be expressed at the tables.  .....a good part of the vision seems already achieved. Haggling over the details at specific intersections does not seem like "visioning" to me.
Read the full report at this link.

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Tennessee named "State of the Year."

From Business Facilities:

The Volunteer State, which also won the magazine’s top honor in 2009, joins Texas as the only multiple winner in the annual competition since the award was created in 2007 (the Lone Star State won in 2012 and 2007). .... In addition to retaining its automotive crown, Tennessee notched top 10 finishes in Best Business Climate, Best Infrastructure, Renewable Energy Leaders (Power Generation) and Best Education Climate. Memphis, TN was our top-ranked air cargo hub and finished in the top 10 for Lowest Cost of Living. (link)

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Beavers introduces nutty nullification gun bill

Mae Beavers
The legislature is back in session and the nuts are on the loose.  Senator Mae Beavers has introduced a new pro-gun bill that would nullify any federal gun laws in Tennessee.

Beavers is also the sponsor of the law to block implementation of Obamacare in the State.  Her Obamacare bill however makes it illegal for anyone representing the State to assist in implementing Obamacare, it does not declare Obamacare illegal. This gun bill does. It says:
A firearm, firearm accessory or ammunition that is present in this state or is owned or possessed by an individual or entity in this state is not subject to any federal enactment or federal enforcement action. The rights of an individual or entity relative to firearms, firearms accessories or ammunition shall not be subject to any federal enactment or federal enforcement action in this state.

That is one step away from rebellion. It is one thing for a state to not enforce a federal law; it is something else entirely to say citizen of our state are not subject to federal law. When Colorado legalized recreational marijuana, they did not declare federal marijuana laws null and void in their state.  Federal agents could still make marijuana bust in Colorado if they chose.  Nullification was settled a long time ago and the supremacy clause trumps nullification.

Tennessee Firearms Association Executive Director John Harris who has flexed his muscle in the past by engineering the defeat of former House Republican Caucus Whip  Debra Maggart and he now thinks he is invincible and is daring Republicans to oppose this bill:
Any elected official in Tennessee who works against this bill is frankly siding with President Obama on gun control. If you don’t vote to protect your own citizens and state from Obama’s liberal gun-grabbing agenda, then you are effectively supporting his gun control scheme and the intentional destruction of the Bill of Rights.
Hopefully sanity will prevail. John Harris might be able to make an example of a single legislator and he might be able to pick them off one by one, but if the sane member of the legislature stick together he can not defeat them all. Someone needs to stand up to the bullying tactics of the TFA. Opposing this bill is not "siding with President Obama on gun control;" it is standing up for sanity and the Constitution and opposing open rebellion against the Federal Government.

To read the full text of the bill, follow this link and click SB1607.

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Nullification is dangerous, unlawful, and unconstitutional

Last night at Liberty on the Rocks, I engaged in some discussion with people who took issue with my recent blog post Beavers introduces nutty nullification gun bill. They argued that  nullification is a valid State response to Federal overreach. I have argued my view on nullification previous on the pages of this blog. I am going to repeat myself by reposting a blog post from March 4, 2013.  If you would like to argue the minutia of the issue, please see the links to National Review, Heritage, Weekly Standard, and Cato. I am sure you will find a rebuttal to your assertion. Rod


Conservatives know nullification is dangerous, unlawful, and unconstitutional

With the controversy that is brewing over SB250, the bill sponsored by Mae Beavers that would nullify any new federal gun laws in Tennessee and would require local law enforcement officers to arrest federal agents carrying out federal law, Republicans are split on the issue.  Those who favor nullification are claiming to be the real conservatives and are demonizing as statist those who support the supremacy clause of the Constitution and think that nullification is foolish, dangerous, and unconstitutional.

The pro-nullification forces are very vitriolic in their denunciation of those with whom they disagree.  Many tea party types are claiming that the conservative position is to support nullification.  If you disagree with them, well maybe you got your understanding of the constitution from liberal academics. 

Rosine Ghawji, the co-chair of  a group called Memphis Tea Party, posted a letter he wrote to Sen. Brian Kelsey on the Federation of Republican Women facebook page. Sen. Kelsey is the chairman of the Judiciary Committee and led the fight to defeat SB250.  Ghawji accuses Senator Kelsey of having been brainwashed and says he "doesn’t understand the most basic constitutional construction." He goes on to say, "Brian Kelsey is a perfect example of one whom vows an oath the the US Constitution - BUT CLEARLY doesn't know what is in it - or doesn't care."

The Tenth Amendment Center has posted a picture that features President Obama with a caption that ask, "Was this guy Tennessee Senator Brian Kelsey's law professor?" We conservative activist are being bombarded by self-taught constitutional experts who tell us to ignore the history of failed attempts by states to nullify federal law, to ignore the outcome of the civil war, and to ignore 250 years of constitutional case law. 

If like me you believe the supremacy clause really means something and that nullification is unconstitutional and dangerous but feel like the whole conservative movement is heading in the other direction, take heart. The most vocal conservative activist may be on a bandwagon that is endorsing nullification, but you are not alone. 

The Heritage Foundation is a prestigious well-respected research and educational institution that has been around since 1979.  There mission is "to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.:"  It is difficult for anyone to claim they are part of the liberal establishment. A little over a year ago, they published a short essay on their web site explaining why nullification is unlawful and unconstitutional "There is no clause or implied power in either the national or the various state constitutions that enables states to veto federal laws unilaterally," they say. Many advocates of nullification claim that Madison and Jefferson supported the theory of nullification. Heritage says that is not so and explains the historical record to prove it. 

National Review  in an article Nullification Temptation said , "Nullification is a dangerous weapon to brandish. Its danger lies in how easily it could destroy not just Obamacare, but the entire Constitution." NR also argues against nullification in an article called Federal Nullification Is a Bad Idea. National Reveiw is the conservative journal founded by William F. Buckley in the 1950's.  They have been the leading source of conservative thought since their founding.  No one could underestimate NR's contribution to the Conservative movement. Also, the Weekly Standard has taken a position against nullification. 

Another prominent think tank often described as libertarian or libertarian-leaning is the Cato Institute.  In an article exploring the constitutionality of Obamacare a Cato Institute journalist wrote, "Under the 10th Amendment, if Congress enacts a law pursuant to one of the 'powers … delegated to the United States by the Constitution,' then that law is supreme, and nothing a state can do changes this. Any state power to 'nullify' unconstitutional federal laws has long been rejected."

There are plenty of sensible respected conservative voices speaking out against nullification. Just because the proponents may yell the loudest it does not make them right.  Do not question your conservative bona fides because you are not swept away by the passion of the moment. With National Review, The Weekly Standard, The Heritage Foundation and Cato on my side, I feel pretty confident of my position. Clearly nullification is unlawful, unconstitutional and dangerous. Below is a link to the Heritage article mentioned above.

Nullification: Unlawful and Unconstitutional

Feb 8, 2012 – Despite good intentions, some have been tempted to embrace nullification: the claim that an individual state legislature has the authority to veto ...

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Nashville makes another list: The top 5 most fashion forward cities

From fashionupevents.com: 

More popularly known as one of the music capitals of the country, Nashville ranked fourth on the list. It’s 282 fashion designers rival LA’s hourly pay, at $30 an hour. Geographer Brian Hracs describes the relationship between designers and musicians: “In the highly competitive marketing landscape, fashion designers and firms need to develop creative and innovative marketing tools to get their brands and products noticed and this intensifies the need for indie fashion designers to collaborate with musicians”. (link)

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Friday, January 17, 2014

Legislation filed to give lawmakers a say over who sits on textbook review commission.

TN Republican lawmakers seek 'complete overhaul' of textbook review panel

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New Metro Council proposals would extend term limits — and possibly shrink the council itself

From the Nashville Scene
New Metro Council proposals would extend term limits — and possibly shrink the council itself 

Two potential charter amendments are in the works that would extend term limits. One would change the limit to three four-year terms. The other would extend the limit to four terms, while also shrinking the council to a yet-to-be determined number. ....they will likely be ready for consideration by the council in April and, if passed with 27 votes, will appear on the August ballot.

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President Obama: "not going to be waiting for legislation," "I've got a pen."

President Obama has already been  ruling by executive fiat in many of his actions.  An example is that without authority to do so he delayed for a year implementation of portions of the Affordable Care Act. What would be the difference if a Republican president decided to delay forever the implementation of the Affordable Care Act?  Or, what if a future president decided unilaterally to suspend the Affordable Care Act? The President does not have the authority to decide he will not implement a law. We are not to be governed by the will of the President but we are to be a nation of laws. Now, the President seems to be threatening to expand emergency unemployment benefits even if not passed by Congress.  The President does not have that authority! I generally am not an alarmist, but this is frightening. If he can extend unemployment benefits by executive order what else can he do? 

Below are remarks by the President.

But one of the things that I’ll be emphasizing in this meeting is the fact that we are not just going to be waiting for a legislation in order to make sure that we’re providing Americans the kind of help that they need. I’ve got a pen and I’ve got a phone -- and I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward in helping to make sure our kids are getting the best education possible and making sure that our businesses are getting the kind of support and help they need to grow and advance to make sure that people are getting the skills that they need to get those jobs that our businesses are creating.(link)

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Thursday, January 16, 2014

Unbelieveable what they are teaching in school



This is unbelievable! This is happening in Shawnee Kansas and as far as I know it is not happening in Nashville, but if it is happening in Shawnee Kansas it could be happening anywhere. This has nothing to do with common core but about the coarsening of our culture and the way institutions reflect popular culture and have abandoned teaching values.

Education is too important to be left to the education establishment and professional educators. Parents must get involved. Even we without children in school have something at stake in what children are being taught. Children do not belong to the state. We need to insist on the public reviewing and approving text books and what is taught in schools. We need more charter schools so parents can be involved at a level where their voice matters. We need vouchers so parents can select schools that reflect their values and people need to elect school board members who reflect their values and people who would never tolerate this sort of thing need to run for the local school board.

I am certainly no prude, but 13 year old girls do not need to have anal sex taught to them in the classroom!

In this report, a school administrator defends the poster and says that the approved curriculum is in line with what other schools around the country do as well. “The curriculum it is a part of, it aligns with national standards around those topics, and it’s part of our curriculum in the school district,” she said. Well, if that is so, we need to be very concerned and not follow the national standards when it come to teaching about sex. I would like to know what Nashville schools are teaching. I would like for someone to demand to see the material and I would like for concerned parents and citizens to audit the classes that address sex education.

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Wednesday, January 15, 2014

Another Democrat joins race for Senator Alexander's Senate seat

Unlike two years ago when no serious Democrat sought the nomination to challenge Bob Corker, two serious Democrats have announced they are seeking the nomination this year to challenge the Republican, which I assume will be the incumbent Senator Lamar Alexander. The newest entry in the Democrat field is Gordon Ball of Knoxville. Attorney Gordon Ball to seek Democratic nomination to U.S. Senate.

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Ramsey, Harwell support Common Core

"There have to be standards in place, and the days of telling ourselves, 'Our schools are doing fine by our own standards,' that's not good enough in this world anymore," Harwell said. "There is a world standard now. There is a national standard now. And we want our children to be meeting it and surpassing it." (link)

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Davidson County District Attorney General Torry Johnson has announced he will not seek a re-election term.

NASHVILLE, Tenn. – Davidson County District Attorney General Torry Johnson has announced he will not seek a re-election term.

Is there a Republican who would like to be the District Attorney General?

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Bill by Beavers and Pody seeks to ban State implementation or administering of Obamacare

Sen. Mae Beavers of Mt. Juliet and Rep. Mark Pody of Lebanon have introduced a bill that would prohibit any cooperation by the state or its agencies in implementing or administering Obamacare in Tennessee. I have my doubts that this is a wise bill.  As much as I may think Obamacare is a mistake, I would want to know what would be the implication of prohibiting any state participation in implementing or administering the program. Does that mean county health departments or welfare agencies cannot inform people that the program exist? There is a lot of federal grants that match state or local funding. If a federal grant in any way supported implementation of the Affordable Care Act, could the state or local agencies of government not accept those funds? Is TennCare now part of Obamacare?  Is the health care system so integrated that it is possible to ban any state participation in Obamacare?

The bill may very well be workable; I don't know. It has several co-sponsors who are level-headed smart people who I do not think would be co-sponsored an unworkable bill.  I just hope it is given a lot of scrutiny before it is passed. 

This bills is already being presented as banning  Obamacare in the state. (See Channel 5's report) This bill is not "nullification."  It does not call for arresting agents of the Federal government who are administering Obamacare. I am not yet sure this is a wise bill but it is not a dangerous, unconstitutional bill. States have no obligation to enforce federal law.  There is difference between refusing to enforce federal law and saying a federal law in your state is not enforceable.

Follow this link to read the Beavers and Pody press release on their bill.
Follow this link to read the text of the bill and see the list of co-sponsors.

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Lamar Alexander stands by bipartisan record

From Politico: Lamar Alexander stands by bipartisan record

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Do no Repubicans want to be a judge in Davidson County?

From the Tennessean:

Davidson County Election Commission records show that 61 people have picked up qualifying petitions for the primaries, and 28 have already qualified, including Peeler and Smith. The deadline to file a qualifying petition is noon on Feb. 20.

At this point, none of the 28 official candidates are Republicans.

All but four of the 28 are running for judicial positions; the other four are incumbents in other posts running for re-election, most of them in and around the court system: Public Defender Dawn Deaner, Register of Deeds Bill Garrett, Circuit Court Clerk Richard Rooker and Juvenile Court Clerk David Smith. (read more)
Surely there are some good Republican lawyers who would like a judgeship?  Why are there no Republicans seeking to be be Register of Deeds or Juvenile Court Clerk? It is disappointing that no one is running for the court house seats as a Republican. If Republicans don't run candidates then Republicans will continue to vote in Democrat primaries and Nashville will continue to be a one-party town. Which of the Democrats running for judge are really Republican?

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Tuesday, January 14, 2014

Let public officials know your opinion on the AMP. Oponents need to attend the public meetings!

This week there are still several opportunities to tell public officials, in Nashville your opinion of the proposed $175 mile bus rapid transit project known as the AMP.

Today's Tennessean had this to say about last night's meeting:

Supportive green shirts outnumbered critical red ones as some 400 people turned out Monday night in East Nashville for the first of four public meetings on a controversial mass transit proposal.
 The crowd at East Park Community Center seemed largely in favor of the 7.1-mile, $174 million bus rapid transit line known as the Amp. The proposal hasn’t secured much of the necessary federal, state or local funding yet, but $7.5 million of design and engineering work is well underway. (link)
I can tell Michael Cass why the proponents out numbered opponents. It is because these meeting were presented  as an opportunity to participate in the "final design," not an opportunity to have as say as to whether or not we should fund the AMP or where the route should be. I envision these meeting to be about what kind of benches and signage and style of garbage cans to have at the individual stops. I envision them to be about how to reflect community character at individual stops. Maybe a chance to advocate for bike racks at the stops; not an opportunity to voice an opinion that this is not a wise use of public funds and it is on the wrong corridor.

Below is  the press release from the MTA about the meetings. The highlighting is mine to call attention to the language used to make this meeting appear that the AMP is a done deal and opponent need not attend.
Next Round of Public Meetings Scheduled for Final Design and Engineering of the Amp

January design charettes to take p lace in four areas of community
In mid - January, the Metropolitan Transit Authority (MTA) will kick off a public input process for the final design and engineering phase of the Amp, Nashville’s proposed bus rapid transit system.
MTA will hold four initial public design sessions in January to solicit community input and a second round of meetings in March to discuss how the input has been incorporated into the project. Project manager Mark Sturtevant said the charette - style sessions will include members of the new project team, assembled in October to work on the final phase of design.
“Community input is crucial as we move into the final stage of design,” said Sturtevant. “We are now at the phase in which we want to dig in and answer detailed questions about  the system, so we can ensure it serves its primary purpose – to alleviate growing traffic congestion along the city’s densest corridor.”
Dates, times, and locations for the January design sessions are listed below:
  • East Nashville  Monday, January 13, 5:3 0 p.m., East Park Community Center theater, 600 Woodland Street, 37206
  • Downtown o Tuesday, January 14, 5:00 p.m., Nashville Downtown Partnership, 150 4 th Ave., N., Ste. G - 150, 37219
  • Midtown o Wednesday, January 15, 5:30 p.m., Metropolitan Board of Parks and Re creation, large conference room, 2565 Park Plaza (near Centennial Park) 37203
  • West Nashville o Thursday, January 16, 5:30 p.m., Montgomery Bell Academy, Paschall Theater, 4100 Harding Rd., 37205
The sessions will include a project overview and small group breakout sessions with displays and preliminary plans available for those discussions. The purpose of these sessions is to incorporate the community suggestions that uniquely represent each neighborhood impacted by the Amp. Each charette will focus on th e portion of the route in which the meeting is held – for instance, the East Nashville session will focus on design details for the East section of the route – but the meetings are all open to residents from every part of Nashville.
 It is clear from this press release that opponents of the AMP were not welcome at this meeting. This is a meeting for people who have already bought in to the concept. This is presented as a meeting for those already on board. However, if the press is going to present this as a referendum on the AMP, opponents should show up in large number.

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Congratulations to Senate Republicans for showing some backbone and sticking together. Unemployment extension fails.

Congratulations to Senate Republicans for showing some backbone and sticking together. The vote to extend unemployment benefits failed to advance in the Senate today with only Republican Senator Dean Heller of Nevada breaking rank and supporting the measure. On January 7th the bill had advanced with six Republicans supporting it. Our own two Senators had been mentioned as possible Republican defections but thankfully neither of them were. When it advanced on January 7th in a procedural vote, Senators who broke ranks to support the bill said they would only vote to pass the bill if language was added to pay for the bill. Democrats refused to pay for the extended unemployment benefits. (Read more about this.)

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Nashville superintendent's plan would offer pre-K to all students by 2018

Nashville superintendent's plan would offer pre-K to all students by 2018 despite no new state funding for pre-K, despite an already projected budget shortfall, and despite scant evidence that pre-K improves a child's education outcome.

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This Is Not a Ranking We Should Be Proud Of

The 20th anniversary edition of the Index of Economic Freedom reveals that the United States has dropped out of the top 10 freest economies in the world. We now have less economic freedom than Estonia. When President Obama took office, the U.S. was ranked 6th. Now it is 12th.

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Reason. com reports "Nashville Slashes Mandatory Limo Prices, Increasing Potential Local Competition."

Reason. com, the on-line affiliate of Reason magazine has reported on Nashville's essential repeal of vehicles-for-hire price-fixing: Nashville Slashes Mandatory Limo Prices, Increasing Potential Local Competition.

Reason is a monthly magazine published by the Reason Foundation. The magazine has a circulation of around 70,000 and was named one of the 50 best magazines in 2003 and 2004 by the Chicago Tribune. The libertarian magazine is more influential than its circulation would suggest. It has been published since 1961.

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Monday, January 13, 2014

Steve Gawrys Launches Campaign For General Assembly


Press Release from Steve Gawrys campaign, Jan. 13, 2014, BRENTWOOD, TN - After months of urging by conservative grassroots, local entrepreneur Steve Gawrys (Ga-riss) announced his candidacy today for the Republican primary in State House District 61.

 “It’s no time for politics as usual,” Steve observed. “We need leaders who will stand firm on principle and bring common sense back into elected office. And that is what I will do.”

Steve has witnessed firsthand the results of decisions made in the General Assembly on families and small businesses across Tennessee. As a job creator and man of integrity among his fellow business leaders, Steve decided he could no longer sit on the sidelines.

Residing in Brentwood along with his wife Kim and their four children, Steve invests his time in the youth of Williamson County by coaching little league and by teaching Sunday School at their church. Raising his family with strong Christian values is Steve's most important focus in life.

After being recruited to play baseball in college, Steve graduated with a degree in marketing and earned an MBA from Christian Brothers University in Memphis. Following his education, Steve and his wife returned to her hometown of Brentwood where they have lived happily for over 20 years. He is an accomplished athlete and still regularly competes in both triathlons and marathons.

Steve owns multiple businesses in District 61 and employs hundreds of people. As a result, Steve has become concerned over the drastic growth of big government in recent years and how it will affect his children. Keeping the American dream secure for future generations is Steve’s motivation to run, but actually jumping into the race was due to the persuasion of the local grassroots.

With a proven track record of success in business and at home, Steve brings experience and a fresh perspective to District 61. His unparalleled work ethic and competitive spirit will allow him to fight hard to represent the interests of all of the families in his district. Steve Gawrys’ integrity, passion, and strong moral convictions will benefit Tennessee while serving in the General Assembly.

District 61 includes Brentwood, and parts of Cool Springs, Franklin, and unincorporated Williamson County.

(Note:  House District 61 is now represented by Rep. Charles Michael Sargent who serves as Chair of the House Finance, Ways and Means Committee.)

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Coungress is a millionairs's club and Tennessee's delegation is no exception.

From WMOT:

Senators Lamar Alexander and Bob Corker are the wealthiest members of the Tennessee delegation. Alexander reports assets valued at more than $9.8 million, while Corker has assets of at least $8.6 million.

Nashville Rep. Jim Cooper is by far the wealthiest Tennessean in the House, disclosing assets valued at more than $8.4 million. (link)

My Comment: I am not terribly bothered by millionaires.  I wish I was one. And, a million is not what it used to be. A middle class couple who both work and who are frugal and invest regularly may acquire a million in assets by the time they retire. To say someone is a "millionaire" does not tell us much about them.  I am certainly not bothered by people who made their money in the private sector prior to going to Congress. We need people in Congress who understand how wealth is created  and people who have been successful.  People like Bob Corker made their wealth in the private sector. On the other hand, when one has been in public office most of their adult  life, entered politics as average income and become filthy rich while in office, I wonder how they got so wealthy. 

Of the ten wealthiest members of Congress, seven are Democrats. There seems to be a  perception that Republican politicians are more wealthy than Democrat politicians. That is not so. To view data on the wealth of all members of Congress, to see  who is contributing to who, and more, go to  OpenSecrets.org.

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Sunday, January 12, 2014

Institute for Justice: Nashville Repeals $45 Minimum Fare Law


Affordable Car Services Back On The Road With Reasonable Prices



Institute for Justice, January 8, 2014, Nashville, Tenn.— In a major victory for Nashville’s transportation entrepreneurs and customers, the Metropolitan County Council voted 29-3 late yesterday to reduce the city’s $45 minimum price for limousine and sedan service to $9.  The original law, passed in 2010, nearly doubled the price of car service in Nashville, driving small transportation businesses off the road and leaving their customers out in the cold.  The change will go into effect immediately once Mayor Karl Dean signs it into law. READ THE NEW LAW

The change in the minimum fare follows a three-year legal battle over its constitutionality.  A group of local transportation entrepreneurs and the Institute for Justice (IJ) filed a federal lawsuit in 2011, pointing out that the law was literally written by Nashville’s most expensive limousine companies and designed to destroy their affordable competition.  The case came to a dramatic conclusion in January 2013, when a jury upheld the law. LEARN MORE ABOUT THE CASE

“The $45 minimum fare almost destroyed my business,” said Ali Bokhari, a plaintiff in the lawsuit and owner of Metro Livery, a popular car service that charged as little as $25 for trips between downtown Nashville and the airport before the minimum fare went into effect.  “We have fought to repeal the minimum fare every day since it passed.  After years of struggle, we are pleased to have regained the basic right to charge our customers a reasonable price.”

“Today’s decision is a victory for consumers, entrepreneurs and basic common sense,” said IJ
Attorney Wesley Hottot, the lead lawyer in the case against the minimum fare, “but it should not have taken more than three years and a federal lawsuit for Nashville officials to recognize that consumers do not need the government’s protection from prices that are too low, any more than they need the government’s protection from pillows that are too soft.”
The change was prompted by the Nashville Convention and Visitors Bureau (CVB) over concerns that there are now too few private transportation options to meet visitors’ needs.  Less than a year ago, however, the CVB helped defend the minimum fare in court, arguing that it was essential to draw more visitors to the city.
“Unsurprisingly, a law that was written by the city’s expensive limo companies turned out to be no good for anybody except the expensive limo companies,” explained IJ Senior Attorney Robert McNamara.  “Nashville’s minimum fare was not the only law of its kind and we are committed to seeing similar laws join Nashville’s where they belong:  off the books.”

The Institute for Justice is currently challenging the constitutionality of similar minimum-fare laws in Portland, Ore., and Tampa, Fla.

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Robert Duvall disappoints. Votes against slashing transportation price-fixing.


Robert Duvall
Last night shortly after the council voted on the bill to slash the minimum fee for a vehicle for hire from $45 to below $10, I got a call from someone who was there to tell me it had passed. The caller told me of the vote and said, "You won't believe who voted against it."

Who would one think would be the votes against it?  Maybe three of Nashville's most "progressive" council members?  Maybe Bo Mitchell, maybe Ronnie Stein, maybe Brady Banks, maybe Megan Barry?

One would not expect a person who identifies himself as a Republican or calls himself a conservative to vote for against the bill that essentially repealed price-fixing. Conservatives believe in a market economy. They believe in getting government out of the way and letting the market flourish. Conservatives do not believe it is the job of government to protect businessmen from competition. Conservatives believe in competition.  Conservatives know that a free enterprise is essential to freedom.  Conservatives know that over regulation strangles innovation and economic growth. 

The three votes against the bill that slashed the minimum allowable fee for vehicles for hire to an ineffective level and which made it possible for black sedans, Lyft and Uber to ply their trade in Nashville were Bo Mitchell, Steve Clover, and Robert Duvall.

Robert Duvall is often considered the most conservative member of the Council and is chairman of the Davidson County Republican Party.  To say the least, I am very disappointment.

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Council's vote to slash the miimum fee for vehicles for hire was a victory for freedom, a market economy and common sense.

Last night the Metro Council passed on third and final reading a bill to slash the minimum fee for vehicles for hire from $45 to below $10. This reverses a policy adopted in 2010 that imposed the $45 fee minimum.

In 2010 a new type of service had made its appearance in Nashville called "black sedans" although they do not necessarily have to be black. This service provides clean luxury cars and charges a set fee rather than a per mile fee like a taxi. They are a much nicer ride than a taxi but not as ostentatious as  a stretch limousine. This new service charged a minimum fee of only $25.  Soon they were proving popular and cutting into the market share of the luxury limousine people.

The limo folks went to the metro council and got legislation passed that set a minimum fee of $45 for a limo ride and imposed other onerous restriction on this new service to force them to operate like limousine companies. Other regulations required that the vehicles be centrally dispatched rather than a customer calling the driver on a cell phone, they restricted the vehicles to one fare per hour, they required a wait of at least 15 minutes between the time the request for the vehicle was made and the trip could start. They also set minimum age requirements on the sedans that did not apply to stretch limousines. These regulations served no purpose other than to drive the black sedan people out of business and to protect the luxury limousine people from competition. While a maximum price may be argued to protect the consumer from gouging, a minimum price protects no one but the provider of the service. This was deplorable and a violation of the principles of freedom and free enterprise.

This new policy made Nashville only one of seven cities in the nation that had a minimum fee for vehicles for hire. Not only did the city try to drive the black sedan people out of business by this regulation but the Transportation Licensing Commission engaged in a policy of harassment and intimidation of the black sedan drivers. Such intimidation included TLC officers illegally representing themselves as police officers. Nashville's shameful policy toward black sedans became national news and was reported by John Stossel, The Huffington Post, and others, and editorialized against by nationally syndicated columnist George Will.  Nashville's policy was challenged in court by the lead victim of the policy, Metro Livery. Metro Livery was represented by the conservative public interest law firm, Institute for Justice.  IJ lost the suit but only after a lengthy court battle.

Since that time, Nashville built the massive Music City Center and experienced a major uptick in tourism. It quickly became obvious that the city had insufficient modes of public transportation. Black sedans were becoming popular in other cities but were scarce in Nashville because of our regulation. Also, the city was only slowly increasing the number of taxi permits. Also, new app-dispatched services such as Lyft, Sidecar, and UberX had made their appearance in the market but were not legal in Nashville. The convention and tourism people realized Nashville had a problem.

The bill passed last night, undid the major part of the damage done in 2010. It will allow black sedans to charge a lower fee and it will make possible the app-based services such as Lyft.  It is not a perfect bill. The other onerous regulations that apply to black sedans are still on the books. I think the Council should have completely removed the minimum.  This bill however is a great advance. The minimum so low that it will have almost no effect. Last night's vote was a victory for freedom, a market economy and common sense.

I have reported on this issue extensively. To read more about Nashville's shameful record of transportation price fixing follow this link: Price-fixing. To read the Tennessean's report on last nights Council action follow this link: Minimum fee to hire limo or sedan in Nashville slashed to $9.75.

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