A Thurston County Judge ruled against the No New Gas Tax initiative today. In addition to ordering the I-912 campaign to hold off spending contributions from Internet donors until they provide addresses (not a big deal), he also ordered KVI hosts John Carlson and Kirby Wilbur to report the monetary value of their airtime spent soliciting donations as an in-kind contribution. I guess Free Speech costs more than it used to. Just for that, I'll encourage all of my readers to donate money to the No New Gas Tax campaign. So sue me. Anybody who wants to calculate the monetary value of this so-called "in-kind contribution" can go have fun with himself.
Wait. There's more ... The pro-gas-taxers who are desperately defending their self-serving gas tax with hysterical propaganda and First-Amendment-trashing lawsuits are not merely shameless weasels they are shameless lying weasels. Their website listed several organizations that supposedly opposed I-912, including the Ports of Seattle, Everett and Tacoma, which are all governmental agencies. The always alert Richard Pope observed that such an endorsement by a government agency would be illegal without a board vote taken at a public meeting. Pope sent public records requests to these agencies asking for documentation of such board votes. He forwarded me the Ports' responses -- NONE OF THESE PORT AGENCIES EVER TOOK A POSITION AGAINST I-912. The "Keep Washington Rolling" campaign simply lied.
The shameless weasel website has since been updated to remove the names of these Ports. But the google cache shows what the list used to look like -- until alert citizen Richard Pope called them on their illegal campaign tactics. This sort of sleaze from these well-heeled boondoggle promoters only inspires me to go out and collect more signatures this weekend to ensure that the No New Gas Tax initiative makes it on the ballot.
UPDATE: oh dear. The always alert Richard Pope tells me I understated the deceit of the shameless lying weasels. See the comments for details.
Posted by Stefan Sharkansky at July 01, 2005 08:56 PM | Email ThisYou have UNDERSTATED the case considerably. The webpage in question from "Keep Washington Rolling"
http://keepwashingtonrolling.com/who.html
is NOT merely a list of opponents of I-912. Instead, it is a list of organizations, unions and businesses that are allegedly MEMBERS of "Keep Washington Rolling".
It is one thing to publicly endorse or oppose a ballot proposition (or political candidate for that matter). It is quite another thing, and a much more serious commitment, to publicly join a committee that is campaigning for or against a ballot measure.
Not only that, while public agencies such as the Port of Seattle, Port of Everett, or Port of Tacoma would have the right to take an up-or-down vote by the governing boards on whether to endorse or oppose I-912 (at an open public meeting, with advance agenda notice, public comment at the meeting, etc.), that is ALL that a public agency can do.
It would be illegal for a public agency to become a member of a political committee such as "Keep Washington Rolling" or do anything in support of or in opposition to a ballot measure, other than taking the public vote mentioned above. RCW 42.17.130
Posted by: Richard Pope on July 1, 2005 09:27 PMI copied the list of (alleged) "shameless weasels" on June 30, 2005, so there are a few more falsely listed organizations and businesses, than contained in the June 25, 2005 listing that Stefan retrieved from Google.
ORGANIZATIONS (falsely listed)
Puget Sound Regional Council
Association of Washington Cities
Bellevue Downtown Association
Building Owners & Managers Association Seattle King County
Cascadia Center of the Discovery Institute
Downtown Seattle Association
Everett Area Chamber of Commerce
Issaquah Chamber of Commerce
Kirkland Chamber of Commerce
League of Women Voters of WA
Master Builders Association of King and Snohomish Counties
National Association of Industrial and Office Properties
People for Modern Transit
Port of Everett
Port of Seattle
Port of Tacoma
Redmond Chamber of Commerce
Renton Chamber of Commerce
Seattle-King County Association of Realtors
Snohomish County Committee for Improved Transportation
S. Snohomish Chamber of Commerce
Washington State Association of Counties
Womens Transportation Seminar
Washington Environmental Council
Washington Conservation Voters
BUSINESSES (falsely listed)
Bank of America
Bannecker & Associates
Ben Bridge
CH2MHill
David Evans and Associates
Egis Real Estate Services
EnviroIssues
Equity Office
HNTB
INCA Engineers
KBA Construction Management
Kelley Public Affairs
KPFF
Merrill Lynch
Port Blakely Companies
Rowley Properties, Inc.
Seattle-Northwest Securities
Symetra Financial
Unico Properties
Wilbur Smith Associates
WTS Western Systems, Inc.
When a portion of my divorce went in front of him, he did not even let my attorney argue the case- not one word- he just awarded a shed load of cash to my ex. For other guys he has refused to enforce his own court orders- and well and a very long list of things on parenting plans that would make your blood boil. Needless to say he has done a lot of damage to families in Thurston County.
His life's aspiration has been to become judge and in this last election he made a 2nd run at it and with a lot of backing from feminists -suceeded.
The guy is an A-1 slime bucket. Insiders know more about how deep this rabbit hole goes. This joker has no place on the bench. Now the rest of the state is going to pay like men in Thurston county have to pay while this sewer chunk served as commisioner.
I'll say it yet again- ANY conservative who wants to run against that pile of sewage will have ridiculously ample resources from fathers rights advocates.
International Federation of Professional and Technical Engineers No. 17
Washington Teamsters Legislative League
Society of Professional Engineering Employees in Aerospace (SPEEA)
International Union of Operating Engineers Local 302
Washington State Building and Construction Trades Council, AFL-CIO
Washington State Labor Council, AFL-CIO
Methow Ken
I always wondered about these. They go up nice and spanking clean. Meanwhile, garbage and debris are not picked up for months on school grounds. And it takes nearly a year to get a broken window & frame fixed after an accident.
...And we are supposed to bring in nearly $60 of "supplies" for school every year? Where does it go? How much are the illegal aliens' kids asked to bring in as they sit next to your child? Perhaps they are only asked to bring in 1 T.B. vaccination to cover the infections they will spread during the year to YOUR (vaccine compliant) child.
Posted by: Jimmie-howya-doin on July 1, 2005 10:38 PMhttp://recallreedblog.blogspot.com/2005_02_01_recallreedblog_archive.html
Posted by: Andy on July 1, 2005 10:45 PMI'm off to Forks . . . with petitions in hand. I'll bet I can find all kinds of people who haven't heard of the initiative!
Posted by: lksimstrailgrammy on July 1, 2005 11:01 PMHow could Dave Ross get away with campaigning on KIRO, but these guys get told to stifle their speech? Seems like an easy freedom of speech win to me, but one never knows.
Posted by: janet S on July 1, 2005 11:24 PMjanet S: I was thinking the same thing. I'm no legal expert, but this one seems like a slam-dunk for appeal.
Posted by: Michele on July 1, 2005 11:42 PMWhat a bunch of lying ... well ... weasels!
And, what the hell is the Women's Transportation Seminar? Does that "organization" even exist?
Are we sure they are not just making up organizations now?
Posted by: BananaLand(aka Iguana) on July 2, 2005 01:46 AMCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The founders were very specific in the supporting texts, religious and political speech were not to be limited in any fashion or form by the government.
This type of ruling labels the judge as incompetent or just maybe he can't read.
Posted by: JCM on July 2, 2005 07:18 AMAndy, I hear you about this judge and what he did to you. I had the same thing done (by a different judge) while I was in Iraq. My current wife will be on the Glen Sacks radio show on sunday around 430pm or 5pm.
Posted by: TrueSoldier on July 2, 2005 07:31 AMActually, Ivan has (inadvertently) asked a good question....Are they "shameless weasels?"
Are they if they support the "Keep Washington Rolling" barf-athon? What if "Keep Washington Rolling" just says that they are.
I've called around to several of the names on the list trying to get confirmation of that so-called support and the results so far are interesting:
Microsoft - We can neither confirm or deny.
BOA - I have no information that we are on any such list.
Boeing - wouldn't say - referred me to a PR office in Chicago.
PSE - We are not associated with that group.
Just because KWR says that "it is" doesn't mean that "it is". Try it yourself - KWR claims a long list of supporters. I bet we could winnow it down considerably!
Posted by: alphabet soup on June 30, 2005 02:25 PM
I do not know if anyone else tried contacting the "members" listed on KWR's rogues gallery, but I'm here to tell ya that they are lying about their so-called membership!
At best, corporations are going to have a "finger~in~the~breeze" approach to something as controversial as this. This is the reason that you aren't going to find anyone willing to commit to any allegiance to one side or the other.
Posted by: alphabet soup on July 2, 2005 08:11 AMCarlson and Wilbur are dopes. Fisher is defending them because more initiatives equals more political advertising to boost the company's sinking ratings and finances. In the meantime, they are all made to look like fools and are dragging down any real campaign to repeal the gas tax. Whatever happened to: just obey the law?
Can we get a real campaign to repeal the gas tax - not a slimeball act by the Carlson-Wilbur KVI circus? They're doing so well in the station's biggest county that 58% of King County residents now favor the gas tax increase! That's what GOP pollster Bob Moore found out polling for David Irons a week ago.
If you are like me and beside yourself with the antics of the credibility challenged Monorail crowd - just know that Monorail gameplaying is peanuts compared to the Carlson/Wilbur/Fisher/Bader charade.
Can we have some adults take over the effort to repeal the gas tax in a week when Carlson/Wilbur/Bader/Fisher finally admit that this was all a big self serving stunt and that there was never any trend that will put this on the ballot.
Carlson and Wilbur are dopes. Fisher is defending them because more initiatives equals more political advertising to boost the company's sinking ratings and finances. In the meantime, they are all made to look like fools and are dragging down any real campaign to repeal the gas tax. Whatever happened to: just obey the law?
Can we get a real campaign to repeal the gas tax - not a slimeball act by the Carlson-Wilbur KVI circus? They're doing so well in the station's biggest county that 58% of King County residents now favor the gas tax increase! That's what GOP pollster Bob Moore found out polling for David Irons a week ago.
If you are like me and beside yourself with the antics of the credibility challenged Monorail crowd - just know that Monorail gameplaying is peanuts compared to the Carlson/Wilbur/Fisher/Bader charade.
Can we have some adults take over the effort to repeal the gas tax in a week when Carlson/Wilbur/Bader/Fisher finally admit that this was all a big self serving stunt and that there was never any trend that will put this on the ballot.
I don't trust the judges opinion, but it possible that what they did will result in sanctions....so what?
For what it's worth, they have advanced the cause.
However, the other half of the ruling may mean that it is a moot point.
That the court has allowed the state to sell bonds may be the death knell for this initiative. This opens a Pandora's box that no one wants to get into. Once sold, they become contracts that would be the grounds for costly lawsuits should we succeed with the initiative, the resulting ballot measure, and the ultimate vote.
The judge knew this, and chose to rule the way he did anyway.
Posted by: alphabet soup on July 2, 2005 09:10 AMAnd C & W are dead right, that the lawsuit alledging some 'value' of campaign contributions be charged to the no gas tax campaign is a travesty of the 1st Amendment. By the same principle, the New York Times is due a monstrous assessment for its continuous support for the lefties and denigration of the plans and exploits of everyone else.
Posted by: Insufficiently Sensitive on July 2, 2005 09:12 AMI am in Real Estate & this gas tax is extemely unpopular. I doubt the WA assoc. of REALTORS supports this nonsense & if they do, they are seeing less money from me.
Posted by: AP on July 2, 2005 09:42 AMAlso keep in mind this judge plays hard to move his political career forward and always has. So his decisions have little to do with the law and more about playing to his causes. This has also always been true with him. Although hopefully this move will mark the end of his ambitions- you can be certain his aspirations are for some higher position in government.
BTW
If you haven't listened to Dino's Inside Olympia interview yet- you will want to. My respect for him has never been higher.
It was like standing at the edge of a mass grave and realizing it could easily have been me in there if it weren't for dumb luck.
Posted by: Andy on July 2, 2005 09:53 AMJust because you write a bond, doesn't mean you have spent the money- the bond should simply get paid back early because they are not going to get much of the money spent by November when the tax gets repealed.
Although if you want to think 3 moves ahead- the DOT/legislature/Gregoirse will try to sink as much of the money as they can immediately to screw the voters.
I really want to do what is right here.
This judge is just another lunitic judge from Thurston County. There are several, but he takes the cake.
Posted by: ipsi-dixit on July 2, 2005 10:11 AMhttp://www.wsdot.wa.gov/partners/projectdelivery/sharing/TransportationPartnership.pdf
They basically copied the existing membership of an organization known as the "Transportation Partnership" and attempted to claim that these same groups were now members of "Keep Washington Rolling".
Will post more as I find out more.
Posted by: Richard Pope on July 2, 2005 10:19 AMLet's put partisanship aside here, because I went through the same thing, not with Judge Wickham. Father's rights are not a left and right thing. They are a matter of fairness and equity, and equal protection of the law.
Thankfully I had a good attorney and came out OK, but I took a hit nevertheless, because my ex was allowed to lie her ass off, and the system did not allow for any burden of proof on her.
Andy and others might be interested to know that the most eloquent, out-front advocate for father's rights in the State Legislature is none other than Senator Jim Kastama. If anyone were to send Jim an e-mail on this topic, I think you could verify that pretty easily.
Now back to our regularly scheduled programming.
Posted by: Ivan on July 2, 2005 10:28 AM1. "Wickham said he wouldn't second-guess the Legislature's decision to pass a bill that allows the state to sell highway bonds, backed by the new taxes. A $70 million sale is expected this summer, apparently with potential buyers informed about the initiative."n
Wickham was not asked to second-guess anything. He was asked to intercede in behalf of the people of the State of Washington against the Government in order to preserve the efficacy of a citizens initiative. The key question anyone needs ask about this is simply, who is the REAL PARTY OF INTEREST here? The Government or its citizens? There is no more important issue here.
2. "Thurston County Superior Court directed the critics to fully disclose their donors' identities immediately or forego their contributions, and ordered that KVI Radio report the [monetary] value of two talk show hosts' comments promoting rollback Initiative 912."n
In kind contributions?
SUMMARY:
1. Judicial action in Washington State has as its primary object the interests of the elite in derogation of those interests of the people.
2. Speech, unless it meets the political aims of the elite, must be regulated.
CONCLUSION: This cynical open-ended legalistic logrolling in favor of the Government, AND DIRECTLY AGAINST ITS CITIZENS is fascism*.
*Fascism is defined in part as a system of government . . . that is marked by stringent social and economic control. The American Heritage Dictionary, p.481 (2nd College ed.1982)
Note: Source is Seattle PI, Gas-tax foes lose two court battles, but say repeal drive is on track, By David Ammons
Seattle's transportation engineering faults are endemic - roads as well as transit are not engineered to the highest standards, no matter the taxing scheme.
Who has any idea how the city proposes to fix the Mercer Mess? How traffic will be managed while rebuilding the Viaduct or widening the floating bridges? Will increased road capacity quickly fill and obviate the investment?
Unbelievably, 1st Priority is always setting up a pool of money. The next priority is a specious public process that takes forever, costs millions and then dimisses public concern.
The problem is not gax taxes, but how that tax money is spent. Fight this gas tax, not because its a new tax burden unfairly distributed, but because at least some of the managers and engineers are incompetent and corrupt.
Posted by: Artie on July 2, 2005 11:02 AMThe parties that _have_ to report are the ones that are actually for/against the ballot measure. IOW 'Keep Washington Rolling' and 'No New Gas Tax' but KWR doesn't have to report yet because they didn't formally organize until later?
It isn't _Fisher_ that has to report, it is NNGT that has to report what Fisher's offered? And if it was a campaign with contribution limits, NNGT would have to reimburse Fisher for the in-kind contribution?
Because if all of that is true, then this is what you do:
EVERY caller should say "Hillary for Presidential Nominee" (or President, but I think I'd choke). We can rack up a pile of air time that the _HILLARY_ campaign has to reimburse _FISHER_ for. According to this judge.
Pretty sure they'd love to refuse this in-kind contribution - but the way you end up doing that often ends up as a monetary reimbursement.
Posted by: Al on July 2, 2005 12:15 PMDoesn't seem to make a lot of sense for them to take a position on a controversial issue. They are very vulnerable to public opinion, unlike most of the other businesses listed.
People aren't going to change their bank or insurance company because of their position on a gas tax increase. Ordinary folks don't buy Boeing's planes, and Microsoft is basically a monopoly. And some of the businesses don't even deal with the general public.
But the Mariners depend on ordinary people buying tickets to their baseball games (and paying for stadium related concessions, like food, beer, and parking) for the vast majority of their revenue.
What better way to show displeasure with the gasoline tax increase, than to simply boycott the Mariners games and not buy their tickets? Especially when the team is in the cellar currently.
Posted by: Richard Pope on July 2, 2005 01:32 PMViolations
It is a violation of the political advertising provisions of the statute to knowingly or with reckless disregard of the truth:
sponsor an ad that contains a false statement of material fact about a candidate
falsely claim or imply, either directly or indirectly, that a person or group supports or endorses a candidate
when that person or group does not
Check List
Be sure political ads:
are accurate with respect to claimed or implied support or endorsements;
Just because the KWR group is doint an independent expenditure doesn't shield them from compliance with PDC rules on political ads. The fines on these can be hefty, especially if you can show the commission member that there was "intentional deceit" on the part of the group putting out the materials.
Why isn't the NoNewGasTax group filing official complaints with the PDC? They're CLEARLY in violation here!
RM
With KC's track record, I don't think I want to give them access to that kind of blank check. My guess is we'd get a lot of public art projects... like relocating the Lenin Statue to the top of the old Ranier Brewery. Cost: $25,000,000.
Posted by: bmvaughn on July 2, 2005 05:31 PMAs any sailor who has been rolled during his time in port knows very well, that's what this group wants to do to the whole state.
Posted by: mac on July 2, 2005 08:21 PMBut, guess what... you can do it. Just go to PDC website and click through to the page where you can download the form where you file a complaint. Make sure you copy and print the old KWR page (re-posted by S.Sharkansky), because KWR is going to say that they've corrected the problem & therefore "there is no problem." What you need to emphasize in your complaint is that they only corrected their violation after this website (R.Pope / S.Sharkansky) got on their case. I think you have to have your complaint notorized. Enjoy.
Posted by: Elliott Johnson on July 2, 2005 11:27 PMMany people happy to sign. Most were indifferent, or had already signed. Only two Moonbats walked by and commented negatively.
The liberals are in fear of our efforts to take back our state from their Oligarchy.
Shameless Lying Weasels is right.
Posted by: Jeff B. on July 3, 2005 12:09 PMThe only good thing about Wickham being judge is that he can be affidavited (you can officially avoid one judge per case) whereas he could not be affidavited as a commissioner, which he was in family court, where he had the reputation of playing favorites. Andy's comments are typical of the damage he has done to people in family court, mostly men. He should be appealed because there is a good chance he based his decision on something other than the law. Any lawyer who failed to affidavit him in this case doomed the matter from the outset. I would suspect he is no friend to conservative or Republican causes, even though some idiot or group of idiots in the Thurston County Republican Party published a Party recommendation of him just before the recent election.
Posted by: Andy on July 5, 2005 09:10 AM
Thanks for your e-mail, Mike. Yes, we have taken a position and Keep Washington Rolling is reporting it correctly. We do support the gas tax increase and we oppose the initiative. As you may know, more than half our fans come from outside the Seattle area, so transportation is a major issue for us. We believe the gas tax increase is a reasonable investment to make our roads safer and more functional. Repealing the gas tax increase without a plan in place to preserve our existing network is only going to result in further neglect of our roads, and further delay will only cost more in the future. Again, thank you for taking the time to contact us with your question and we hope to see you at the ballpark!
Seattle Mariners Fancare
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-----Original Message-----
From: fansome@nwlink.com [mailto:fansome@nwlink.com]
Sent: Saturday, July 02, 2005 10:35 AM
To: fanfeedback@mariners.mlb.com
Subject: sea - Other - None - I-912
E-mail From: Mike Smyth
Have you taken a position of the I-912 (the repeal of the gas tax)? Keep Washington Rolling (http://www.keepwashingtonrolling.com/who.html) says you support the gas tax and oppose I-912.
I can empathize with your experience, Andy, as I too was screwed by an activist judge in my divorce some 15 years ago. A Jefferson County Superior Court judge actually awarded my adulterous ex more monthly child support (or backdoor alimony, in this case) than she and her counsel requested. After the trail, I was paying the "child support" directly to my ex when the State Office of Support Enforcement garnished my wages in an effort to show me who is boss and my daughter who her real daddy is (the State).
My current wife got no child support from her adulterous ex, although he worked regularly at above-the-table jobs.
The "system" works for those who know how to milk the "State's" cash cow. The others just get what comes from under the cow's tail.
Posted by: Saltherring on July 6, 2005 07:24 AMHappy Birthday to a great American George W. Bush.
I'm proud to claim you as a friend!
Posted by: alphabet soup on July 6, 2005 06:05 PM