Greetings from CPAC 2014

I am having a great time at CPAC! If you are a conservative junkie like me, this is the fix you need. This three day event attended by about 8,000 activist with speeches by leading conservative politicians like Ted Cruz, Rand Paul, Mike Lee, Ben Carson and dozens of other is invigorating! it is not all politicians however. Retired Generals, college professors, authors, and think tank scholars sit on thought provoking and educational panels discussing prison reform and rehabilitation, American security and America's place in the world, response to the crisis in the Ukraine, can the fusion of libertarians and conservatives hold, school choice, alternatives to Obamacare, and other topics. In addition, there are movies with conservative themes and training session on use of social media and campaign management and other topics. There is also an exhibition hall with scores of exhibitors promoting their cause, or publication or organization. A lot of the joy of being here is the interaction with others and meeting other conservative activist from around the country.

I have not attempt to blog while here, because I would rather experience it than be reporting on it and there are large organizations and media outlets doing a better job reporting on it than I could do. Much of it was carried live on CSPAN. When this is over, I may post a few pictures and do a little recap of the conference.

Today, Tennessee State Senator Mark Green set on a panel on health care. He did a great job. If you are a conservative who is passionate about politics, you need to plan on attending CPAC next year.

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Southeast Nashville Conservatives' Breakfast

Saturday, March 15

(All Republican Candidates welcome!)

  Shoney's Restaurant - Antioch

Bell Road @ Cane Ridge Road, I-24E (Bell Road Exit)

Social/Breakfast: 8:30 - 9:00 am, Program begins promptly at 9:00 am

  Guest Speakers

Stephen Siao 

Southeast Regional Coordinator

Heritage Action for America

(As a 501(c)(4) organization, Heritage Action for America is a widely respected government relations team dedicated to advancing conservative policy and holding Congress accountable to conservative principles)

&

Jake DeVantier

Outreach Coordinator

2nd Vote

(2nd Vote is a group of conservatives dedicated to helping citizens be informed about the everyday choices we make such as buying a product, eating at a restaurant or supporting an organization.  Often those $$ spent go to support causes and issues that we as Conservatives would never support on our own!)

 

Hosted by Robert Duvall & Pat Carl                             

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The Council meeting of 3-4-14 with commentary and timestamp: To go cups, $66M for HCA, and Metro gets out of the nursing home business

This is a 1 hour and 27 minute-long meeting. To link to the agenda and the staff analysis, follow this link.

All appointments to Board and Commission are approved without discussion.

Bills on Public Hearing: There are 16 bills on public hearing. Most of them are rezoning bills and would not be of general interest and would interest only immediate neighbors of the proposed rezoning. I am not going to attempt to report on all of the bills on public hearing.

SUBSTITUTE BILL NO. BL2014-651 would regulate small outdoor music events in commercial areas. Currently other than a noise ordinance, outdoor music events are not regulated. This bill sets all kinds of restrictions including setbacks, lighting, pre notification, only one per month, off street parking, and they must end by 9PM on week nights. There are a lot of people in support of the bill and no one in opposition and no one speaks on the bill. Councilmember Allen says the goal of this bill is to create an opportunity for outdoor music events where they are not now available. She says the bill does not make it harder to make music in music city but easier.

I must be missing something because to me, it appear it imposes a lot of restrictions where there are now none except the noise ordinance. The staff analysis says that "aside from the noise ordinance, the code does not currently regulate or specifically authorize concerts on commercially zoned property." If everything that is not specifically authorized is prohibited, then I guess Councilmember Allen is correct. However, I am not certain that everything not specifically authorized in a commercial area is prohibited. If someone who knows for certain can enlighten me on this, I will post a clarification. 

In any event, this bill is going to make it very difficult to host a music event in commercial areas on private property. The requirement of off street parking for people attending an event would prohibit almost all outdoor music event. In a commercial area vacant lots for off street parking are simply not available. People park where they can find a place to park and walk to the event. A "second substitute" is passed and the bill passes. There is no discussion of the bill.

ORDINANCE NO. BL2014-653 would require that historic home events must be inside a structure. The sponsor defers the bill indefinitely.

The consent agenda passes. All resolutions are on the consent agenda except a late resolution and RESOLUTION NO. RS2014-1013 supporting the creation of a Presidential Youth Council. Resolution 1013 passes also without discussion.

The late resolution is a resolution regarding "to go" cups. The Council goes on record against enabling legislation from the State legislature that would allow Metro to legalize to go cups. I really like "to go" cups. I hate to go into a bar and order a drink and then the band takes a break or ends their set and you have to wait thirty minutes for the next band to set up. With a to go cup you could put your beer in a Solo cup and go out on the street and walk down Broadway or go in another bar, if that bar allowed you to take your plastic cup into their establishment. The legislation would not legalize to go cups but would simply allow Metro to legalize them if Metro chose to do so. The resolution passes 30 to 3 and 3 abstentions. To see the discussion see time stamp 37:37-47:38.

All bills on First Reading pass without discussion as is customary.

Bills on Second Reading. 

• BILL NO. BL2013-569 which would create new regulations for car lots is deferred indefinitely. This bill had been on the agenda for months.
•  BILL NO. BL2014-688 would get Metro Government out of the nursing home business. This is long overdue. We should have privatized these facilities a long time ago. Councilman Tenpenny expresses concern about what will happen to the displaced metro employees and unsuccessfully attempts to get the bill deferred. There a machine vote to table the motion to defer and a machine vote to cut off debate. The final vote is 32 in favor, 3 opposed and 2 not voting. (See timestamp 54:35-1:16:24 for the discussion)

Bills on Third Reading:

• BILL NO. BL2013-588 is a rezoning bill that would allow the demolition of three duplexes and allow the construction of eight cottage-type units as single family homes in the Woodland-in-Waverly community. This was on third reading last meeting and was deferred to this meeting and it is deferred again. This in my neighborhood and that is why I am following this bill. This would concern no one unless they live in the neighborhood or are the developer. This neighborhood has an historic overlay, but the three duplexes are non-contributing to the historic character of the community. I support this bill. I think the duplexes are more out of character of the neighborhood than the cottages will be and I think this will be an improvement. Some in the community are very much opposed, and have raised the specter that the units could be rented to college students and house up to six students a unit adding up to 48 cars to the neighborhood, adding to the problem of on-street parking. I doubt that is a realistic likelihood. If it is they could do the same think with six duplex units. I see no reason for further deferral. If a rezoning meets all of the current requirements of a rezoning, it should not be killed by repeated deferral simply because some of the most active people in the community oppose it. 
• BILL NO. BL2014-667 is complex in why it does what it does, but the bottom line it does nothing detrimental to the fair grounds and appropriates $200,000 to the fairgrounds. It passes. 
• BILL NO. BL2014-669 provides up to $66 million in tax abatement and other incentives to HCA for a development on the north end of the gulch. It passes unanimous.

Below is the Tennessean's report on this council meeting:  
Council approves $66 million in incentives for HCA to expand in North Gulch

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School voucher bill advances in Tenn. House

NASHVILLE, Tenn. (AP) — A proposal to create a school voucher program in Tennessee is advancing in the House despite concerns from some lawmakers that the legislation would be detrimental to public schools.

The measure proposed by Gov. Bill Haslam passed the House Budget Subcommittee 7-6 on Wednesday.

It is slightly different than an original measure brought by the Republican governor that limited the vouchers to students from low-income families attending the bottom 5 percent of failing schools. The measure that passed would expand eligibility to the bottom 10 percent of failing schools if slots are left.(link)

My Comment: This is good news! I am writing my Senator and Representative urging them to support this bill. Follow this link to find your legislator.  Assuming you already know who your legislators are, that link will lead you to another link where you can email or call them. Please urge your Senator and House Representative to support this bill. We need greater school choice. Children should not be trapped in failing schools.

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Lerner takes the fifth in IRS scandal hearings.

“On the advice of my counsel, I respectfully exercise my Fifth Amendment right and decline to answer that question,” Lerner, former head of tax exempt groups at the IRS, repeated several times during the hearing today when asked questions by committee chairman Rep. Darrell Issa (R-CA).

Congress should give her immunity, then if she still doesn't answer she should be found in contempt and thrown in jail. Congress should demand an end to the stonewalling and start impeachment of Obama.

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Uber Unwelcome

If you were to ask a conservative on the street what his most fundamental belief is, he would likely say limited government. If you asked him about his second most fundamental belief, it would likely be free enterprise. Given these values, it should come as a surprise to conservatives that five Republican State House members, in addition to one Democratic member, have introduced a bill that will expand government regulation and throttle free enterprise in an entire service industry. H.B. 907, otherwise known as the “Uber Bill”, will heavily regulate the new ride sharing and ride referral industry which has boomed in cities across the country.

If you haven’t heard of them yet, Uber and Lyft are services which provide on-demand car rides ordered via smartphone apps. These startups take advantage of the mobile technology that 55 percent of all Americans now carry, and this is starting to hit traditional cab services where it hurts. (link)

The above is from Georgia, not Tennessee thankfully, but we need to be vigilant. Probably, not on the State level so much, but certainly on the Metro Council level.  The overwhelming majority of our Council are Democrat and as such, commitment to limited government and free enterprise is not part of their philosophy, and while we have several Republicans on the Metro Council, they don't vote like Republicans.  The commitment to limited government and free enterprise of the Republicans on the Council is not assured.

Uber operates in 70 cities on six continents and is in Nashville. Also a similar service, Lyft, is in operation in Nashville. Another service, Sidecar, is similar but not yet in the Nashville market. All of these services operate similarly. They use a phone app to connect drivers offering a ride with customer wanted a ride.

In January of this year, the Council passed legislation that slashed the minimum fee that a vehicles for hire could charge from $45 to below $10. This reversed a policy adopted in 2010 that imposed the $45 fee minimum. This made it possible for Uber and Lyft to operate in Nashville

In 2010 a new type of service had made its appearance in Nashville called "black sedans." . This service provided clean luxury cars and charged  a set fee rather than a per mile fee like a taxi. They were 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.

Since that time, Nashville has built the massive Music City Center and experienced a major uptick in tourism. It quickly became apparent that the city had an insufficient number of taxis or other means of moving people. 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, the new app-dispatched services such as Lyft, Sidecar, and Uber 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 in January undid the major part of the damage done in 2010. It allowed black sedans to charge a lower fee and it made possible the app-based services such as Uber. The bill was not a perfect bill. The other onerous regulations that applied to black sedans were still on the books. I think the Council should have completely removed the minimum fee rather than just reduce it, however the minimum is so low that it has no impact.

The lowering of the minimum fee was a great advance and was a victory for freedom, a market economy and common sense. However, the Council did not vote out of any principled belief in limited government and free enterprise but out of a pragmatic realization we needed more public transportation in Nashville. When the bill that imposed the $45 minimum in 2010 passed, it passed unanimously.  The members of the Council who call themselves conservative voted for it. An attempt in 2012 to repeal it, could not get the votes to pass, including the support of all of the council's "conservatives."

We need to elect some principled people to the Metro Council who really believe in free enterprise and limited government. I don't think this battle is over. In cities and states across America, there are attempts to curtail or drive out of business these new forms of transportation services.  I suspect that at some point we will again see an attempt to curtail these services here in Nashville.  Some in government think we need order in the market place.  They see competition as a threat to order. Once we have met the immediate need to service the uptick in  new tourism, I expect to see an attempt on the part of the city to reign in the providers of transportation services and restrict innovation and entry into the market place. The liberals will feel a need to bring order to the market place and the "conservatives" will go along with them unless we elect a new breed of conservatives to the Council. 

I have reported extensively on the issue of Metro's war on free market transportation . To read more about Nashville's shameful record of transportation price fixing follow this link: Price-fixing.

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A plan to kill the AMP?

From Stephen Clements of Caffeinated Conservatives:

Hi everybody,
If you are against the AMP like I am, here is a way the TN House can kill the stupid idea to tear 3 lanes out of the middle of West End!
Wednesday March 05, 2014 at 1:30 PM, the State House Transportation Sub-Committee will consider Amendment Number 1 to House Bill number 2156, which will forbid any bus from loading or unloading passengers at any place on the road way except at the curb. This amendment will kill the stupid waiting platform the AMP would put in the middle of West End, and so break the AMP's design. If you want to save us from the AMP, please call or email the people at the link below and ask that they support Amendment 1 and HB2156! This could stop the AMP!
http://www.capitol.tn.gov/house/committees/sub-transportation.html

Good Afternoon to All StopAMP.org Supporters! Our organization is very very busy trying to put a STOP TO THE AMP BUS PROJECT at the State Level. Tomorrow afternoon, Wednesday March 05, 2014 at 1:30 PM in Room 30 of the Legislative Plaza, the Tennessee State House of Representative'sTransportation Sub-Committee will be taking up an amendment to a House bill which would prevent any public transportation vehicle to load or unload passengers at any place on the road way except at the curb.  This amendment and bill would not let the AMP bus project go forward as designed. It is important for you to email and\or call the Tennessee State House of Representatives Transportation Sub-committee members listed below to ask them to support Amendment Number 1 to House Bill number 2156 and to support and vote for the House bill as amended.  This is about the safety of the citizens by not making them cross lanes of traffic to board a bus. Please ask your representative to VOTE FOR AMENDMENT NUMBER 1 TO HOUSE BILL NUMBER 2156 TOMORROW AFTERNOON AT 1:30 PM. Thank You for all you do to STOP THE AMP! Rick Williams, Chairman of the Board, StopAMP.org, Inc.

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Our kids are just too dumb for Common Core and it is just too hard.

I have read a lot about Common Core and I support it. I think it is a valuable reform and something we should embrace.  I have been exposed to the agreements against it and think some of the criticism may have merit, but on balance I think the pluses outweigh the negatives. Some of the arguments against it are very weak. Some verge on conspiracy theory stuff.

One of the arguments used against it, is that it is just too hard. School should be fun. Children shouldn't experience anxiety over school work. When I was a child, I stressed over spelling test and learning multiplication tables and there was no common core. Learning can't be all fun. Sometimes children do cry when they can't figure out how to do their homework. Maybe they need to be taught how to better deal with frustration. Sometimes leaning new skills is difficult.

One of the repeated criticisms about Common Core is that it requires abstract thinking and reasoning. It seems the critics would prefer rote memorization. It seems they do not want children leaning to reason. The critics really do not like "word" math problems.  In the link below to a video critical of Common Core you will see  examples of what the critics think is wrong with it. Here is math question the video features: A box of crayons has 131 crayons and a bag of crayons has 128. Which has more crayons, the box or the bag?  Now, what is wrong with that? Are American kids too dumb to figure out that 131 is greater than 128?

The video: Faces of Common Core.

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Obama budget calls for $27 million for AMP, a $60 billion boost in spending, new taxes, deficit of $27.5 trillion by 2024.

Obama budget raises spending, taxes

Washington Times, March 4, 2014- Saying he’s optimistic the economy and the government’s fiscal picture have finally turned the corner five years into his tenure, President Obama announced a $3.9 trillion 2015 budget Tuesday that calls for tax hikes and a $60 billion boost in spending next year.

The federal government would run a $564 billion deficit in 2015, which would be a record low for Mr. Obama’s tenure. But the deficit would remain at about half a trillion dollars a year for the next 10 years, meaning debt would continue to pile up. By 2024, Mr. Obama projects gross debt would be $27.5 trillion. (link)

Amp funding: Obama's budget recommends $27M

Nashville Business Journal, March 4 2014- President Barack Obama's budget includes $27 million in funding for the project in fiscal year 2015, the U.S. Department of Transportation announced Tuesday.
Nashville Metro applied for $75 million in funding through the Federal Transit Administration's Small Starts grant program last September. As the biggest piece of the $174 million project, Dean had previously called the federal funding the most critical.

Holly McCall, an MTA spokeswoman for the Amp, said in a tweet that the amount was "better than I expected," and anticipates the remaining federal request to come in the next two fiscal years. (link)

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What's on the Council agenda for March 4th and what I think about it.

If you don't know what the Council is voting on, Council meetings are really boring. With an agenda and an analysis they are just boring. To follow along, you can get your own copy of the Metro council meeting agenda at this link: Metro Council Agenda. To get your copy of the Council staff analysis download it at this link: Council Staff analysis.

 This will probably be a short meeting. There is not much that is controversial on the agenda. That is what I said last time and I was wrong, so one never knows for sure.

There are six Confirmation of Appointments on this agenda. None of them are to the more troubled or controversial Boards or Commissions but it wouldn't matter anyway as the Council always rubber stamps whoever the Mayor appoints.

Public Hearing: There are 16 bills on public hearing. Most of them are rezoning bills which would interest only immediate neighbors of the proposed rezoning. Below are some bills of interest: 

SUBSTITUTE BILL NO. BL2014-651 would regulate small outdoor music events in commercial areas. Currently other than a noise ordinance, outdoor music events are not regulated. This bill sets all kinds of restrictions including setbacks, lighting, pre notification, only one per month, off street parking, and they must end by 9PM on week nights. Why? I think we should encourage more music; not less. Hypocritically but thankfully, this would not apply to events in public parks.

I don't do it much anymore, but I used to attend lot of music events. For several seasons there was a outdoor summer music event in midtown near what was then Great Escape. It this regulation would have been in place, that event would have not been permitted. Unfortunately, I suspect the people who love music and like to go to music events are not very engaged in local politics, so this will probably pass. I hope some in the music industry turn out and speak against this. The Chamber should be against it. I think Nashville has more potential to be "music city" than it already is, if we don't kill the goose that laid the golden egg.

ORDINANCE NO. BL2014-653 would require that historic home events must be inside a structure. This would make illegal such things as front porch weddings. The sponsor plans to withdraw the bill without a public hearing.

Consent Agenda:
There are five regular resolutions and six memorizing resolution, all of which are on the consent agenda at this time. 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. 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 but it doesn't happen often. None of the resolutions appear controversial. If I were in the council however, I would probably ask to be recorded as abstaining on the following resolution unless I learned more about it and was convinced it really has broad bi-partisan support and is a desirable thing.

RESOLUTION NO. RS2014-1013 supporting the creation of a Presidential Youth Council. I do not know that this is a bad idea, but why we need a special council to advise the President on matters of concern to youth age 16 to 24, I don't know. If we are going to have a Youth Council why not a Young Adults Council for people age 24 to 35, and a Middle Age Council for people age 36 to 50 and a Mature Adults Council for age 51 to 65 and so on and so on. And, why not a Married Adults Council? I don't see why we should cater to youth in this manner. Youth often are idealistic and tend to be naive and support liberal causes. I fear a youth council will be manipulated to advance a liberal agenda. I am not so opposed I would vote against it and I might could be persuaded it has merit, but this is not something the Council ought to waste their time on. The Council does not need to take a position on every national issue. At this time, I would at least ask to be recorded as abstaining.

Bills on First reading almost always pass. 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. The following bill on first reading I am very please about:

BILL NO. BL2014-696 would require the Director of Finance to submit an annual debt report to the Metropolitan Council. With Metro's debt ballooning, the Council needs this additional information.

Bills on Second Reading: 
It is on Second reading, after bills have been to committee, that discussion usually takes place. There are 12 bills on second reading. The following items are of interest:

BILL NO. BL2014-688 would get Metro Government out of the nursing home business. This is long overdue. We should have privatized these facilities a long time ago.

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. There are eight bills on third reading. Few of them are of general interest and I expect no controversy.

BILL NO. BL2013-588 is a rezoning bill that would allow the demolition of three duplexes and allow the construction of eight cottage-type units as single family homes in the Woodland-in-Waverly community. This was on third reading last meeting and was deferred to this meeting. This in my neighborhood. This is one that would concern no one unless you live in the neighborhood or are the developer. This neighborhood has an historic overlay, but the three duplexes are non-contributing to the historic character of the community. I support this bill. I think the duplexes are more out of character of the neighborhood than the cottages will be and I think this will be an improvement. Some in the community are very much opposed, and have raised the specter that the units could be rented to college students and house up to six students a unit adding up to 48 cars to the neighborhood adding to the problem of on-street parking. I doubt that is a realistic likelihood. If it is they could do the same think with six duplex units. I see no reason for further deferral. If a rezoning meets all of the current requirements of a rezoning, it should not be killed by repeated deferral simply because some of the most active people in the community oppose it.

BILL NO. BL2014-667 is complex in why it does what it does, but the bottom line it does nothing detrimental to the fair grounds and appropriates $200,000 to the fairgrounds

BILL NO. BL2014-669 provides up to $66 million in tax abatement and other incentives to HCA for a development on the north end of the gulch. I have reservations about bribing companies to come to Nashville or stay in Nashville but with other cities trying to entice companies to locate to their city, we almost have to play this dirty game of paying blackmail and bribes. Councilman Josh Stites, in the past, has been an outspoken critic of this time deal and has spoken out against them but did not speak out against this one when it was on second reading.

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Metro Council Budget and Finance Committee meeting of March 3rd

Most often the real discussion of important legislation takes place at the Budget and Finance Committee meeting.

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Grover Norquist of Americans for Tax Reform and Tim Phillips of Americans for Prosperity are guest speakers at 1st Tuesday

From 1st Tuesday: 

 

1ST TUESDAY members and friends..

We have today's bad news...... and ................ Tuesday's GOOD NEWS !!

Bad news... weather Sunday and Monday are cold, wet and dangerous - stay home.

GOOD NEWS... Tuesday will be sunny and 40+ degrees by our 1ST TUESDAY lunch !! 

On March 4th, we feature a HUGE LINE UP of special guests here from Washington DC... and the people making TN tax history  !!!!!!!   You are going to want to join us for.....

 

Tim Phillips --  President of Americans for Prosperity -- and his $200,000,000 political budget for 2014 are already making a difference in several of this year's hottest US Senate races. And you are going to want to hear what AFP has in mind for the rest of 2014 ...........

and in 2015 for Nashville !!

 

Grover Norquist -- Ultra-powerful Washington DC tax fighter and Founder of Americans for Tax Reform... Asked by President Reagan to launch ATR,  Mr. Norquist will be in Nashville Tuesday for the Press Conference announcing the end of Tennessee's HALL TAX.  He is then slated to join us for lunch !!!

 

St. Sen Mark Green and St. House Budget Committee Chairman Charles Sargent... Sponsors of the legislation the will end the HALL TAX are slated to join us after the Press Conference.

 

IN SHORT... the men making the news and changing the future of our state and our country are coming to lunch at 1ST TUESDAY ... on Tuesday, March 4th !!

 

Are you coming  ??? IF SO.... who are you bringing someone you know ? 

More details follow in the trailing email... or you can visit our 1ST TUESDAY website at http://www.1sttuesdaynashville.com/ to secure your seat by clicking onto the Shopping Cart.

Doors open at 11AM.... and the joint will be jumping  !!!!!

Hope to see you Tuesday !

Tim Skow

Host of 1ST TUESDAY

 

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Tennessee Firearms Association bullies go after legislators who would not vote for an unconstitutional bill.

The gun-nut bullies at the Tennessee Firearms Association are much more concerned with expanding gun rights than supporting the Constitution.  This year, there was a proposed bill that would modify the "guns-in-trunks" bill passed last year. The bill would change the term
"privately owned vehicle" to "motor vehicle" so that if you were driving your spouses vehicle or a rental vehicle you would still be covered by the protections in the "guns in trunks" bill.

Representative Mark Pody proposed an amendment to the bill that would do more than that. His amendment did several things. It did clarify that the right to carry a gun onto the property of another did not apply to  single-family homes not used as a business. It clarified that a owner of a property could still prohibit guns on his property in certain narrow cases; if he gave a specific person written notice not to carry guns onto his property and the person acknowledged that notice in writing.  

The Pody amendment gave greater protection to gun owners who carry a gun onto their employers property than in the current bill. The amendment prohibited an employer from firing a person for carrying a gun onto his property or bringing criminal charges against a person for bringing a gun onto his property.  And, it said the employee subject to "adverse action" could sue his employer for civil damages.

I think this was a bad amendment. I think that just as restaurants may post a "no guns" sign and that applies to everyone entering the establishment, an employer should be able to decide if he wants guns on his property or not. However, what is wrong with this amendment is something greater than the merits of the amendment; it is that is unconstitutional. Tennessee's Constitution says the body of a bill can not be broader than the caption of a bill. This is one way in which I think the Tennessee Constitution is superior the Federal constitution If you have observed Congress in action, a bill on on one topic may have a provision appropriating money for something totally unrelated and the unrelated item hitches a ride on a popular bill.  That is often the way deals are made to get votes to pass bad bills. Bills get decorated like Christmas trees. You can't to that in Tennessee. So, Pody's bill was illegal and it did not pass.

The fact that Pody's bill was broader than the caption and therefore unconstitutional did not keep the TFA from pressuring Representatives to support it. I have not yet seen the fundraiser from TFA, but according to Representative Jeremy Faison, the TFA has now released a letter condemning those who voted against the Pody amendment and requesting money to use to defeat them.

See the below Facebook post from Representative Faison and the letter from Representative Pody where he says his amendment was not proper. The fact that even the sponsor of the amendment says it was not a proper amendment, does not keep the TFA from going after those who would not vote for it. The Tennessee Firearms Association has no shame.

This from Representative Jerremy Faison: 

Last week the TFA (Tennessee Firearms Association) released a letter condemning my vote and a multitude of other pro gun legislators vote on a specific amendment. John Harris requested money to be able to defeat me and many other legislators that are 100% committed to the Constitution. The sponsor of the amendment, Mark Pody has come forward and admitted that his 5 page amendment to a 1 paragraph bill was not the correct way to do it. Further more, his amendment was not constitutional. I vote first and foremost for the Constitution. If you have any questions, on my support of the 2nd amendment, please check my record or feel free to call me.

 To read the bill and the Pody amendment, follow this link.

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Great deal on CPAC for young people

From Young Americans for Liberty:

Deadline: Monday @ 10pm EST

The first day of CPAC is this Thursday, which means it's last call for tickets and lodging.
You have until tomorrow, Monday, March 3rd at 10:00 PM EST to register for CPAC through YAL:http://www.yaliberty.org/cpac
Students can secure a ticket for $25 or a ticket and 3-night hotel room for only $70.

 

Here are the discounted prices so every YAL member can afford to attend:      STUDENTS
     CPAC ticket -- $25 (save $35)
     CPAC ticket + 3-night hotel room w/4 people -- $70 (save $310)
     CPAC ticket + 3-night hotel room w/2 people -- $115 (save $265)      NON-STUDENTS
     CPAC ticket -- $180 (save $120)
     CPAC ticket + 3-night hotel room w/4 people -- $225 (save $155)
     CPAC ticket + 3-night hotel room w/2 people -- $270 (save $110)

Prices do not include your transportation, but everyone who registers for CPAC will get a FREE "I Stand with Rand" t-shirt. Visit our event page if you have any questions.
Here are the event details:What: CPAC 2014 When: Thursday, March 6th to Saturday, March 8th Where: Gaylord National Resort & Convention Center,  201 Waterfront St, National Harbor, MD 20745 Hotel: Holiday Inn, Check-in: Thursday, March 6th, Check-out: Saturday, March 8th, 2460 Eisenhower Ave, Alexandria, VA 22314,  (10 minutes away) 

We're short on time and supply, so if you want to represent the liberty movement at the most prestigious conservative conference in the country, register before Monday at 10:00 PM EST: http://www.yaliberty.org/cpac, See you there, Ed
Edward King
Director of Programs & Operations, Young Americans for Liberty

 

My Comment: I attended last year for the first time and it was wonderful. Read about my experience here.  I am going back this year. It is educational, inspirational and fun. I wish I would have attended when I was young. I am going to sweeten the deal for the first four young people who sign up. The first four people who have not registered who takes advantage of this deal will get an extra $25 scholarship from me. Register then email me. Rodwilliams47@yahoo.com.

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Don't kill the music in Music City

On the Council agenda Tuesday night is a bill that would severely restrict outdoor music events in Music City.

SUBSTITUTE BILL NO. BL2014-651 would regulate small outdoor music events in commercial areas. Currently other than a noise ordinance, outdoor music events are not regulated.

This bill sets all kinds of restrictions including setbacks, lighting, prenotification, only one per month per location, off street parking, and it requires events end by 9PM on week nights. Why? I think we should encourage more music; not less.  When tourist come to town, I would think it would be great if they could have the unexpected experience of an outdoor concert and that if on almost any night of the week, somewhere there was a concert taking place. The many bands that make Nashville home, need more opportunities to be heard, not fewer. Hypocritically but thankfully, this ordinance would not apply to events in public parks.

I don't do it much anymore, but I used to attend a lot of music events. I loved summer out door music events. For several seasons there was a free outdoor summer music event in midtown near what was then Great Escape. I attended almost all of them and heard some great music and had a lot of fun. One of the artist I saw there was Lucinda Williams, who I love.   It this regulation would have been in place, that event would have not been permitted. For one thing, there was no off street parking. You parked blocks away on-street and walked to the event.

I used to hang out with some people in the music business. It is hard enough to recruit the talent and advertise and do all the things one must do to make an event happen.  We should not add a big bureaucratic road block as an additional hurdle to live outdoor music. Unfortunately, I suspect the people who love music and like to go to music events are not very engaged in local politics, so this will probably pass. I hope some in the music industry turn out and speak against this. The Chamber should be against it. I think Nashville has more potential to be "music city" than it already is, if we don't kill the goose that laid the golden egg.

If you want to keep the music alive in music city, it you have friends who like out door music events or are in bands and seek more opportunities to perform rather than fewer, encourage them to contact their councilman and urge them to vote against this bill. Urge them to attend the pubic hearing and speak against it.  This link will take you to the contact page for members of the Metro council: Metro Council.

Below is the text of the Bill:

SUBSTITUTE ORDINANCE NO. BL2014-651

An Ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the regulation of small outdoor music events, all of which is more specifically described herein (Proposal No. 2014Z-004TX-001).

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.04.060, Definition of General Terms, by adding the following definition:

“Small outdoor music event” means the provision of acoustic music and entertainment events using small portable sound systems outside of permanent structures on commercially-zoned property located within one thousand feet of any property zoned to permit residential uses.

Section 2. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.08.030, Land Use Tables, by adding the use “Small Outdoor Music Event” under Recreation and Entertainment Uses as a Use Permitted with Conditions (PC) use in the CS, CA, and CF zoning districts.

 Section 3. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.16.120, Recreation and Entertainment Uses, by adding the following new subsection D.:

D. Small Outdoor Music Event.
1. Setback. The stage and sound amplification equipment shall not be oriented toward any residence located within three hundred feet of the property line upon which the small outdoor music event is to be held. Further, to the extent possible, sound amplification equipment shall be oriented so that sound is directed away from the closest residential property. For purposes of this subsection, "sound amplification equipment" means small portable sound systems, microphones, and amplified acoustic musical instruments.
2. Noise. A maximum noise level of seventy-five decibels on the A-weighted scale shall be permitted to occur at the boundary line of the nearest residential property.
3. Limitations on number of events and hours of operation. No more than one small outdoor music event shall be held on the property in a calendar month, with a maximum of eight events per calendar year. All small outdoor music event activity shall take place only between the hours of 11:00 a.m. and 9:00 p.m. on weekdays, and between 11:00 a.m. and 10:00 p.m. on weekends and shall last a maximum of 4 hours. The applicant shall provide the zoning administrator with a list of the date(s) and time(s) of the scheduled small outdoor music event(s) prior to obtaining a permit. The permit holder shall annually update the information on file with the zoning administrator regarding the event date(s) and time(s), and the zoning administrator shall be notified of any change in the date(s) and time(s) of events at least thirty days prior to the event.
4. Attendance. Small outdoor music events shall have no more than 150 people in attendance.
5. Parking. Adequate off-street parking shall be provided as designated by the chief traffic engineer pursuant to Section 17.20.030 of the metropolitan code.
6. Street standard. At a minimum, primary street access for the event shall be from a nonresidential collector street.
7. Traffic and parking management plan. A traffic and parking management plan shall be submitted at the time the application for the use permit is filed. At a minimum, such traffic and parking management plan shall include the number of vehicles expected, a list of the streets to be used for ingress and egress, and a list of surface parking areas to be used to accommodate the event.
8. Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.
9. Event Notification. The applicant shall provide written notice of every small outdoor music event to all properties located within 600 feet of the subject property at least ten business days prior to the date of each event. Such notice can be via first class U.S. mail or hand delivery. An event notification plan shall be submitted by the applicant prior to obtaining a permit identifying the method by which notice regarding the small outdoor music event(s) is to be provided. Such notice shall include the following:
a. the date, location, and hours of the event;
b. the expected traffic generation;
c. the name, email address, and telephone number of the person(s) responsible for the event;
d. the telephone number of the zoning administrator’s office for purposes of making complaints regarding the event; and
e. a statement that noise complaints during the event shall be made to the metropolitan police department.
10. Revocation of permit. The zoning administrator shall have the authority to revoke a small outdoor music event permit upon the violation of any of the terms and conditions of the use permit or of the provisions of this section. Upon revocation, applicants shall not be permitted to apply for another small outdoor music event permit for a period of one year. Revocations may be appealed to the board of zoning appeals pursuant to section 17.40.180 of the metropolitan code.
11. The conditions set forth herein shall not apply to any event on public property meeting the definition of small outdoor music event, nor shall they apply to such events on property that is not zoned CS, CF, and CA.

Section 4. Be it further enacted, that the provisions of this Ordinance shall not operate to restrict any music event located on property that is not zoned CS, CF, or CA that is in compliance with the noise restrictions contained in Sections 11.12.070 and 17.28.090 of the Metropolitan Code.

Section 5. Be it further enacted that this Ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Burkley Allen, Bo Mitchell

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