Another "Family Values" debacle

January 17, 2010

I have not blogged in this new year and decade. Thanks to those who follow me when I do so. Today I am in Omaha, Nebraska on business, and I will not write at great length. The big political story to come out of Utah this weekend, however, deserves some comment. Another champion of family values, Senator Sheldon Killpack, has found himself enmeshed in scandal. Over the weekend, Senator Killpack, who has been particularly in the forefront of efforts to punish drunk drivers, was arrested on suspicion of a DUI. Since he would not take the intoxilizer test voluntarily, the officer obtained a warrant for a blood draw. Rather than wait for the results, Senator Killpack resigned his seat this morning, as he felt he would be a distraction in the Senate.

No, I am not writing this to crow over the demise of a political foe. I feel a sadness over this situation, perhaps in a way different than most. Several years ago an old friend of mine who had become a district court judge, was forced to resign when he entered a guilty plea to a drug offense. At the time, I thought the real tragedy was that he would no longer be on the bench, after he had likely developed a real compassion for those who were in a similar situation. Imagine a district court judge who really understood that the "war on drugs" is a mistake. What wonderful rulings we might expect to get from him.

As for Senator Killpack, imagine what kind of a leader he might have been in the legislature, after showing his own weakness. Perhaps his war on drunk drivers, resulting in increasingly harsh penalties, would be replaced by a compassion for those who have problems and can be helped, rather than punished. Wow! Another big chance missed. But just maybe, one of these days, someone in the halls of power will realize that all the punishment IS a mistake, and that there are other roads to explore. Until then, we can only hope.

Another legal victory?

November 20, 2009

In all my years of practicing law, I have never had two days like the last two. For yesterday's news, see my previous blog posting. Today, the Utah Supreme Court, by a vote of 4 to 1, basically upheld a 10% "gross receipts tax" on adult businesses featuring nudity. But, after doing so, it invalidated the tax as it applies to escort agencies, as the terms of defining such agencies were too vague. Thus the law put many "legitimate" businesses in jeopardy. In this case, I represented five escort agencies and two dance establishments, so most of my clients "won", in that they do not now have to pay the tax. The other two lost, as they may have to pay the tax, depending on the degree of nudity of their dancers. It seems, however, that the legislature can put the tax on escort agencies back in effect by simply reworking their definitions, to make it more clear who they are after. So, the victory is not complete, even though it feels pretty good for some of my clients right now. Some of them are in line for big refund checks.

The court said that the tax was not aimed at dancing as entertainment, but was aimed at nudity, whether it was entertainment or not. Frankly the ruling conflicts with many rulings of other courts, including the U.S. Supreme Court. Other states are considering similar taxes, and this ruling could be very bad in the long run for all of my clients and for many others around the country.

Thank you Madam Chief Justice, for your principled defense of the First Amendment, even when you are the "lone voice crying in the wilderness". Your opinion will yet be vindicated.

So, watch this space for news of what I hope will be a Petition for review to the U.S. Supreme Court. And, Mr. Attorney General, the last two days are an indication that we will see lots of each other in court over the next several months. May the best cause win. And freedom is always the best cause.

A Victory for Justice

November 19, 2009

On my birthday, in July, rwo years ago, a man walked into my office to tell me a story which put me in tears. He had just been released from prison, after four and a half years, for a crime he did not commit. The Attorney General had first agreed to a new trial, to avoid an appeal, and then the District Attorney dropped the charge. But not until after he had spent a lot of time in jail and prison. He had been convicted of an armed robbery in Salt Lake City at a time when he almost certainly was in Louisiana recovering from a stroke. He had been the unfortunate victim of the "all blacks look alike" syndrome that still exists in lily white Utah, and had been identified three years after the crime, when he walked into a restaurant.

Under a new Utah law, my client, Harry MIller, is entitled to compensation for the time he was incarcerated. But the Attorney General reads that law in a very restrictive manner, and has fought the compensation hard. Today, the Utah Court of Appeals agreed with me that the law is to be read in a less restrictive manner. We will at least have our day in court, and we will have our chance to prove that my client is entitled to compensation. It is the first of many steps, but it is a giant one, and cause for clebration.

I fully expect the Attorney General to ask the Utah Surpeme Court to hear a further appeal, and to delay justice for another year or so. Please, Mr. Attorney General, consider what you are doing, and let this matter go forward. This is not about being right, and looking tough. It is about doing justice to a man who has suffered through miscarriages of justice for years. Harry Miller deserves what he is seeking; and he deserves the right to go forward and prove his case as quickly as reasonably can be done.

The "tea party" crowd

November 8, 2009

This morning's Salt Lake Tribune featured, on its front page, one of several articles I have seen over the last several days on the "far right" of the Republican Party, and their efforts to challenge the "moderate wing" of their party. Of particular interest in this regard is the Conservative Party candidate for Congress in New York last week who forced the official Republican candidate, a relative liberal, out of the race, and ended up throwing it to the Democrat. The other main story in that regard is the conservative who is campaigning for Senate against the Governor of Florida. And here in Utah, of course, there are three more conservative canidates who are trying to oust Senator Bennett, even after our conservative Attorney General withdrew from the race last week.

Those who are on the right of the party are designated as the "tea party" group or crowd, and feature some who have been active in rallies and demonstrations protesting Federal taxes. They have been heard to boo both Senators Hatch and Bennett for not being conservative enough.

First, let me set the record straight. The "tea party" movement was started by members of the Libertarian Party, and has only recently been co-opted by conservative Republicans. Libertarians do not like taxes, not even slightly, and we have been having small protests on April 15 for many years. Now that the Republicans have been ousted from power, and only because of that fact, conservative Republicans have started making noise and have pretty much taken over. Well, those who fight against taxes are welcome, but this is not a "conservative" movement, at least from the beginning. We Libertarians were not very pleased with the recent Republican administration either. The Bush administration needed lots of tax money to wage wars and to spy on our own people. Frankly, having Republicans join, and take over, the tea parties makes me very uncomfortable. I have been fighting Republicans for years, because they have been preying on fear to create a survelliance state, which is decidedly less free than I want it to be.

I attended a "tea party" event this summer in Salt Lake. I had been promised, as Libertarian Party Chair, that I would get to speak. Then they changed their minds; but it was not the simple anti-tax rally that I had hoped it would be. It was filled with the kind of narrow minded propaganda which we hear every day from Shawn Hannity, Rush Limbaugh and Senator Chris Buttars. These are not my people, and I was not comfortable there. One speaker actually quoted the 14th Amendment to the Constitution which makes all people born in this country natural citizens. The comment brought loud boos from the anti-immigrant crowd, who accused the speaker of being stupid or crazy. Well, guys, that is what the Constitution says -- read it for yourself. No amount of yelling can change that.

Some see the Libertarian Party as the far right. While we do support anti-tax protests, we hopefully have little in common with people like Chris Buttars, and other members of the "far right". It is important for us to exist, as we have a genuinely different view. While many Libertarians supported Ron Paul last year, he ended up endorsing the far right Constitution Party's candidate for President. Personally, I disagree with as many of his positions as I agree with. If you are looking for an alternative, but are not in the market for the religious right which is seeking full control over the Republican Party, you might consider us.

Where do I differ with conservatives? Here are some examples: Get out of Iraq. End the war on drugs. Repeal the Patriot Act, and stop spying on our citizens. Get out of people's private lives -- if gays want to marry and can find a church who will perform the service, it is none of the government's business. Traditionally, marriage is a religious rite. the government should not be involved. Want to learn more? www.lputah.org Join the party which truly fights for freedom, for everyone.

Elections and politics

November 4, 2009

It has been too long since I blogged. Will try and make up for it here just a little.

Last night, Republicans won the Governor's races in both Virginia and New Jersey. Republicans are crowing that this is a referendum on the Obama administration.
Well, everyone is concerned about the economy and the deficit. Hopefully, this will remind the President that we cannot spend our way back to prosperity on borrowed money. But, the Republican Party in my native State of New York continued its march to oblivion, losing one of the three congressional seats (out of 29) it has held there. National Republican leaders, including Sarah Palin and Rush Limbaugh had endorsed the New York Conservative nominee against the Republican, and the result was a Democrat victory. Is the country on a move back to conservatism? I certainly hope not, and the results from yesterday do not show this. The sometime Republican Mayor of New York was barely re-elected, though he outspent his opponent well over 10 to 1. Most other races in the City went to Democrats.

Perhaps the most interesting election was in Maine, where the voters refused to approve of the new law passed by the legislature which legalized gay marriage. At the same time, they approved of a more liberal medical marijuana law. Mixed results for those of us who think neither item is any of the government's business. We still have so far to go to our goal of getting the government out of our personal lives. Now is not the time to quit. We need to keep working at it, confident that we will win in the long run.

Here in Utah, Attorney General Mark Shurtleff withdrew from the U.S. Senate race today for family reasons. I actually like Mark (but not his politics) and wish him and his family well. It is now one year from the election for Utah's Governor, the Senate, and a host of other races. Our little Libertarian Party receives inquiries every day, and I joke that we will soon be bigger in Utah than the Democrats. There are many people who do not like the choice between the two "major parties". The Democrats are way too free with our money. The Republicans, while claiming they are for smaller government, constantly interfere with our personal lives, pushing their personal ideas of morality on us with the force of the State. We need to build a real third alternative, and today would be a good day for you to get involved in it. Join us in the fight for real freedom. www.lputah.org

This and that

September 24, 2009

It has been a month since I blogged, and there is so much going on. But there is no way I can comment on all the stuff that needs commenting, so I will just hit a few high notes.

First, a relatively non-political note that an old "friend" passed away last week, Mary Travers, of Peter, Paul and Mary. The very first concert I attended as a 14 year old was one of theirs, in the Washington Avenue Armory in Albany, NY. It was a wonderful experience, and was followed by at least 7 more of their concerts over a span of many years. Not really totally divorced from politics, as PP & M tirelessly campaigned for social justice in the world. She will be missed by those of us who grew up enthralled by the 60's folk music scene.

Yesterday, I argued the first appellate case in Utah over the application of a recent law providing for the compensation of a person who has been incarcerated for a crime of which he is later found to be innocent. The attorney general is quite determined to avoid compensation without total and absolute proof of innocence. In the meantime, a man who spent over four years in prison for a crime he almost certainly did not commit, continues to suffer from the disruption of his life. For more information, see my website at www.andrewmccullough.org, and read my brief to the Utah Court of Appeals. A decision on whether he even gets a hearing where he can attempt to prove his innocence will be rendered in a few months.

Today, Congressman Jason Chaffetz of Utah's Third District was interviewed on KSL radio over an incident at the airport where he was directed to the extra scrutiny line, and had to choose between being man-handled by TSA personnel or screened by the new machine which creates a virtual image of the person nude. He protested and was given a very hard time. All appearances are that he was picked out for special treatment because of his efforts to outlaw the virtual nudity machine. Some onlookers say he was obnoxious. I rather doubt he was as obnoxious as I would have been in the situation. Thanks, Congressman, for standing up for freedom. And I must ask the question: Are we any safer because airport personnel can pull a congressman out of line and subject him to humiliating searches? Having been subjected to the enhanced security treatment a few times myself, I am convinced the answer is "no".

A couple of weeks ago, the President spoke via satellite to school children to encourage them to stay in school and take their education seriously. Now, I don't like everything he is doing. As a Ford stockholder, I do not like the fact that GM is now government owned and appears to have a better deal with the UAW than does my company. I do not approve of his handling of the economy, but I do think he has tried to make the best of a bad situation. I am NOT a Democrat, as I agree with Republicans that the President's party does not know the value of taxpayers' money. But, before the speech, I listened to a sobbing, hysterical mother on the radio who said she was trying to avoid her daughter listening to the talk, as she would be "indoctrinated in socialism". My reaction was that this woman probably should not be allowed to have children, as she is likely to indoctrinate them in lunacy. As Utah Chair of the Libertarian Party, I sometimes have to wish a plague on both "major parties". But the hysteria and the hate need to be diminished. Listening to the right wing radio and other media, one would think we have been invaded by the worst sort of totalitarian despots. I really do hope that hate will lose out. And it is so unfortunate to see the Republican Party so dominated by it. Maybe one of these days, people will give us Libertarians a chance to help govern; and I hope we will prove wiser than those who have gone before us.

If you too have had enough, check out www.lputah.org and join the fight to bring sanity back to government. Do something to help, and try not to make things worse. And, by the way, while the Party has not formally endorsed the effort to bring Utah a redistricting commission dedicated to taking partisan politics our of the redistricting process, I support the effort. Contact me to sign the Petition to put this on the ballot. Hopefully that is a small first step to bringing better government.

Equality in Utah

August 24, 2009

This past week, Equality Utah, the GLBT Political Action Committee in Utah, held its annual "Allies dinner". The main speaker was Bishop Gene Robinson, the only openly gay Episcopal bishop in the United States, and the cause of much controversy. I actually would have liked to hear him speak; but this year I did not receive an invitation to the dinner, and was unaware of the date and content until after it happened.

The reason that I did not know about the dinner was that I was taken off the mailing list after I protested that Equality Utah has become an arm of the Utah Democratic Party. Last year it supported and endorsed only candidates of the Democratic Party. As Utah Chair of the Libertarian Party, I was saddened at this, especially after receiving support from Equality Utah for my own campaign for Attorney General in 2004. In 2008, that changed, and I could not in good conscience attend the dinner. And so, my name was removed from the mailing list.

What a shame. I currently am working on three legal cases in which gay or bisexual men have been arrested in public parks for the crime of expressing interest in other men, who happened to be undercover police officers. At the risk of sounding like I am bragging, I must note that I took a similar case up to the Utah Supreme Court several years ago, and won. I intend to win these cases too; and it is my hope that the police will gradually come to realize that being gay in a park is not a crime. On one of the police reports, the officer had the heading: "Criminal objective: homosexual act." Well, I was among a good crowd on the steps of the Utah Capitol to celebrate on the day when the U.S. Supreme Court said that homosexual acts were no longer criminal. The officer has not yet heard this, but he will. and so will his colleagues.

It really is a shame that the party that supports personal freedom in all its aspects is frozen out of the election process, and that we are now ignored by Equality Utah. Maybe be one of these days, Equality Utah will start supporting those who have supported them for so long. In the meantime, I will have to be satisfied with reading of Bishop Robinson's talk in the newspaper.