Metroland

Inference of Retaliation

Over at the Troy Polloi, anonymous blogger Democratus speculates on the chances of success for a probable New York Civil Liberties Union lawsuit against the city of Troy. NYCLU, on behalf of the Sanctuary of Independent Media, filed a Claim of Notice against the city, as well as Department of Public Works Commissioner Robert Mirch, alleging that code violations were used as an excuse to shut down the sanctuary's exhibit of a controversial work of art.

For background, you can go here. Or, you can go to the Web site of Wafaa Bilal, the artist.

Now, Democratus:

What will the Sanctuary have to prove in order to be successful?

a plaintiff alleging a First Amendment retaliation suit must show that: (1) he engaged in protected speech; (2) the defendants' retaliatory actions adversely affected the plaintiff’s constitutionally protected speech; and (3) a causal connection between the plaintiff’s speech and the defendant’s retaliatory actions.

It will be difficult for the City to defeat the lawsuit on the first two grounds. The suit will likely be fought over the causal connection between the speech and the retaliatory action. Since municipalities rarely oblige with direct evidence of retaliation, circumstantial evidence will be needed. What suffices for such evidence? Temporal proximity is always useful:

Jones reasoned that Cole had done enough to send his case to a jury to determine whether the defendants were liable for unlawful retaliation. Both sides agreed that Cole’s investigative reports and critical editorials were protected speech. The judge also found that there was sufficient evidence to show that the defendants’ actions adversely affected Cole’s free speech. Cole noted that the resolution severely limited his ability to cover sporting events and student exhibitions. Finally, the judge reasoned that the passage of only three days between a critical article and the school’s resolution raised an inference of retaliation.- Cole v Buchanan County School Board

The Blame Game

Water District 14 is screwed up: 70 people in North Greenbush paying for water service that hasn't delivered a drop and a contractor's bill $300,000 over budget and growing.  As anyone who has been following the fallout since the state Comptroller's office released its scathing audit of the now $7+ million project knows, this political fiasco speaks ill of many of the parties involved and speaks volumes of the impossibly contentious relationship between the key players in North Greenbush.

This infrastructure project, the audit seems to read, was doomed from the start.

However, someone has to take the lion's share of blame for the gross mismanagement eventually, and Charlie Smith an anonymous blogger over at the North Greenbush Pipeline makes a strong argument today that much of the blame for the slew of overpayments rests with Supervisor Mark Evers.

Politicians take the public for fools and [Supervisor] Mark Evers and his supporters on the Town Board are certainly playing with public sensibilities if they think the evidence already in the public realm exonerates Evers role as the primary reason his Conservative Contractor and political benefactor was paid more than a million dollars more than the agreed to bid of 6.4 million beginning in July 2006. 

Of course, councilmen Lou Desso and Al Spain have their own version of history (and, not surprisingly, Smith is handed all the blame).

During the time of the past Town Board majority, including Council members Fennelly, Mihalko and Michaels, who were all closely allied with CB Smith, the size of the WD 14 project grew substantially and there was little communication between town officials. Possibly as a result, there are still sizable bills left to be paid. Of even more concern is the fact that the comptroller hired by the former Town Board majority handed out checks for large sums of money, including one check for more than $400,000, without either informing the Supervisor or getting the Supervisor’s signature on the check.

SUNY Shrugs Off Allegations of Abuse

Students for Workers' Rights had teamed with Killer Coke, a nationwide campaign to bring to light allegations of civil-rights abuses in Coca Cola's bottling factories in Latin America, in the hopes of stopping the University at Albany from re-signing its contract with the controversial soda behemoth.

They failed.

On Friday, John Murphy, the board president of University Auxiliary Services, the nonprofit corporation that handles food services for SUNY, announced that UAS would sign another "10-year limited exclusivity contract with the Coca-Cola Company," said UAlbany's Students for Workers' Rights.

"I think it is morally irresponsible for SUNY Albany to re-contract with Coca-Cola in light of the overwhelming amount of information we have provided them about the Company's global practices" said Students for Workers' Rights member Kurt Amelang.

"It is clear that the University has chosen to place profits before people.  They are aware of the human rights violations in Colombia, India, and El Salvador.  They are aware that there is significant student, community, and faculty support for severing the Coca-Cola contract. Yet, Coca-Cola has paid them to turn a blind eye to our concerns and they have conceded" said Jackie Hayes, member of SWR.

Read the allegations of Coca Cola's complicity in abuse and visit Killer Coke's Web site.

Who is Iron Man?

Is he a righteous right-wing hero or a craven left-wing girly-superhero? Those potty mouths down I-88 find a couple of wingnuts arguing each side of the question; unintentional hilarity ensues.

Mark Evers Speaks

Well, sort of. I got cc'd on an e-mail sent by a North Greenbush resident to members of the town board, including Supervisor Mark Evers. It was in response to my article about the town's reticence to accept a state grant for Main Avenue.

I read that the North Greenbush Town Board turned down a grant to investigate possible toxins under Main Ave. in Wynantskill. While nobody wants to put people out of their homes if toxins are found, keeping the toxins in the ground where they might cause harm someday is a very bad idea.

Mr. Evers responded to this e-mail to correct a misunderstanding. The board hadn't turned down the grant, it just hadn't accepted it. That is true. As I wrote in the opening of my article, "The acceptance of a $36,000 grant is in danger of being voted down by the Town Board, and no one seems to be able to explain exactly why." Councilman Kern said that he would never vote to accept the grant, and Mr. Evers appeared extremely resistant. Councilmen Desso and Spain were quiet on the issue.

Kern and Evers said that they feared that if the state found serious enough contamination, it might quarantine the area, thus removing people from their homes, shuttering businesses, and so on. Then, oddly, they said that they were certain there was no threat to human life from the contamination.

It appeared they were trying to have it both ways: The contamination along Main Avenue could force the state to react with draconian measures, something akin to another Love Canal, and the contamination along Main Avenue isn't dangerous enough to go worrying about.

I called Mr. Evers before writing my article to ask him why he was reluctant to approve the acceptance of the grant, and to ask him upon what research he was basing his rather dire--and seemingly contradictory--speculations, but he didn't call me back. No surprise. The man has a reputation for ducking the media.

If he had called me back, I would have asked him:

Could you please explain what it is about this grant that has you so concerned? What are you basing those concerns on, as in, what precedent can you point to as justification of your concerns? What research have you performed into the possible impact of this grant? Who have you spoken with in relationship to the possible impact of this grant? Have you reached out to the New York State Brownfield Areas Opportunity Program? If so, who have you spoken to there?

There is a Town Board meeting on Thursday, and a discussion about the grant is scheduled. Maybe he will answer some of those questions then.

Cinema Reviews

This week, Laura's amused but disappointed by Baby Mama, but I wax enthusiastic about The Counterfeiters.

Iron Man opens today. David King saw a preview and deemed it "awesome." Also, what looks like might be a good romantic comedy opens at the Spectrum tomorrow, Priceless.

Robo-Bullshit

This isn't pretty . . .

And it isn’t a Republican effort. Chris Kromm of Facing South broke this story yesterday and has done more investigative digging and it’s not pretty — there will be calls for an answer to this. The source of the calls, which is a D.C.-based nonprofit called Women’s Voices Women Vote, which says it is trying to reach “unmarried women voters.” You’ll recall that the deceptive message told voters that they had to wait for a packet to fill out before they could vote.

h/t Atrios

They're AT IT AGAIN.

h/t TPM

When Chet Met Kristi

There's video!

UPDATE: Jeez, don't forget to read this.

The Things You Find on YouTube

I spotted a number of these on YouTube ages ago. I should have written about the phenomenon of banned cartoons turning up there--it's not like Warner Bros. pays any attention to me. The New York Times, however:

Among the millions of clips on the video-sharing Web site YouTube are 11 racially offensive Warner Brothers cartoons that have not been shown in an authorized release since 1968.

This is undoubtedly the most famous (among film historians, critics and buffs, anyway).

UPDATE: I forgot h/t to one of the Gawker sites, where I saw this first.

In the actual cartoon, the Snow White character is not called "Coal Black"--she's "So' White." Why? One of the oldest fears in Hollywood--the fear of the Wrath of Disney. She's voiced by Vivian Dandridge, Dorothy's sister and a singer-actress in her own right.

The 7-minute Merrie Melodie is packed with racial stereotypes and all manner of (offensive) World War 2-era jokes. Such as . . .the hitmen hired to "black out So' White" list discounts on their car door: "Midgets 1/2 Price. Japs Free!"

The reason it's in demand, however, is because it's a key 'toon in the peak years (1942-46) of director Robert Clampett. Not everyone wants it available, however. Also from the NY Times:

These cartoons were controversial when first released; the N.A.A.C.P. unsuccessfully protested “Coal Black” before it was shown in 1943. Richard McIntire, the director of communications for the N.A.A.C.P., wrote in an e-mail message that “the cartoons are despicable. We encourage the films’ owners to maintain them as they are — that is, locked away in their vaults.”

Far left: The Disney Version

Left: Typical WB irreverence.

More background on the so-called "Censored Eleven" Warner Bros. cartoons is here.

UPDATE: I just got Universal's second volume of Woody Woodpecker toons. Guess what? There are some less than racially sensitive cartoons included, like 100 Pygmies and Andy Panda. And nobody gives a crap: The set comes with the "adult collector/not for kids" disclaimer, that's it. WB is protecting the Looney Tunes brand--that's all.

It's interesting that none of the Inki cartoons made the banned list. Yes, you guessed it. That's Inki in the center, at left.

These toons, all directed by Chuck Jones, don't depend on Inki being a stereotype. He could be replaced by Sniffles the Mouse, or Porky Pig, or even Elmer Fudd--any character that's naive. The offensiveness is in how he's drawn of course, and the hook each toon repeats: A dog (Inki at the Circus) or lion cub (Caveman Inki) or such wants to eat the bone in Inki's hair. Then this weird bird shows up, things get, um, weird.

It's a shame that they do feature Inki, because the real star of the cartoons is this weird bird, this existential nemesis, the Minah Bird, who happens to be the greatest character Chuck Jones ever created (this side of Michigan J. Frog). Animals quake at his approach. He walks through mountains, and can't be held by any lock. Here he is:

The Minah Bird doesn't look like much and doesn't make a sound, but his entrances and exits, and the combination of his silly walk and serious theme music ("Fingel's Cave" theme by Mendelssohn) make him, um, hilarious. Seriously. Jones once said that the series drove Walt Disney nuts. Disney would run the films for his animators over and over, unable to figure out why they were so funny. Jones seemed quite satisfied with this.

Race in the Democratic Race

David Sirota:

Recall the Race Chasm graph that I published in In These Times a few weeks back. It shows how Hillary Clinton has been winning states whose populations are above 7 percent and below 17 percent black. If Democrats nominate a candidate who isn't well supported by the black community, and that community ends up not turning out to vote in the general election in strong numbers, those states in the Race Chasm like New Jersey and Pennsylvania could flip to the Republicans, and other states in the Race Chasm like Ohio, Florida, Missouri and Virginia could remain in the Republican column

Read the whole thing. The commenters don't agree.

In Theaters

This week's reviews: John Brodeur liked Forgetting Sarah Marshall, and thinks the Brit dude at left is going to be everywhere soon; Laura Leon loved The Forbidden Kingdom with Jackie Chan and Jet Li; and I totally hated 88 Minutes, which stars Al Pacino.

Next week you can read Laura's review of the number one movie in the country. And two (or three) more reviews, depending on how things go this week. Ah, journamalism.

Just wondering: Does the fact that Baby Mama is No. 1 (an upset over Harold & Kumar Escape from Guantanamo Bay) mean that Maureen Dowd will write a column about how this means Hillary will win the Dem nomination?

Shudder.

Humm, Are They Idiots? (Yes)

Need another reason to hate your fellow man? Probably not, but here's one anyway.

Future of Music Seminar

Rapp wrote about it two weeks ago, I wrote about it last week, Rapp mentions it again this week. And yet, somehow, through it all, we've supplied our readers with some incorrect information: The Future of Music Coalition's seminar for working musicians, scheduled for next Wednesday (April 30), is co-sponsored by the Albany Musicians Association, Local 14 AFM. You can register at their Web site, www.albanymusiciansunion.com, or through the FMC's site at www.futureofmusic.org. Get clicking.

Professor Steven Kurtz Cleared

After four long years, the last attempt by the federal government to prosecute Steven Kurtz has been dismissed.

A judge threw out charges Monday against a college art professor accused of improperly obtaining biological materials for an exhibit protesting U.S. government food policies.

U.S. District Judge Richard Arcara ruled that the 2004 mail and wire fraud indictment against Steven Kurtz, a University at Buffalo professor, was ''insufficient on its face" . . .

Kurtz was indicted in 2004 following what began as an anti-terrorism investigation after police saw lab equipment in Kurtz's home while responding to the death of his wife, Hope.

Although investigators determined that lab equipment was part of his art work, he was indicted a month later. The charges carried a maximum of 20 years in prison.

[Thanks, Mike]

The New Fagbug

Various reports: Feministing, Capital News 9, Fagbug, and Teh Brock.

Old Fagbug, photo by Chris Shields.

New Blog on the Scene

And it deals almost exclusively in rumors from a seeming insider. No telling the veracity its chatter, but we like things like this a lot:

More than 10 employees of the Senate Republicans have been subpoenaed in the probe into Joe Bruno. The employees work for the Finance and Labor Committees.

Check it out.

State Budget Shortfalls

This speaks for itself. The state needs money, so legislators voted to pillage special funds.

That's in addition to some specific sweeps already authorized in the new budget -- $125 million from the Environmental Protection Fund, which is supposed to be for forest land purchases, and $95 million from the state's Elderly Pharmaceutical Insurance Coverage program, set up to help low income people age 65 and older afford prescription drugs.

Times Union's James Odato continues, quoting state budget division spokesman Matthew Anderson,

"We're in difficult fiscal times right now," Anderson said. "We have to make some tough choices to insure a balanced budget."

At the risk of seeming obsessed, isn't there a better option than taking money away from the people who need it the most? It all depends on your vantage point.

Top Ten Reasons why the Taxing the Rich is a Bad Idea

1. Tax Work, Not Wealth
2. Taxes are Not for Everyone; Only Little People Pay Taxes
3. It’s Going to Cost a Bundle to Buy both the State Senate and Presidential Elections in 2008
4. Its Hard to Feed Your Family on a Million Dollars a Year
5. Show Me the Money - Greed is Good
6. The Yacht Needs a Paint Job
7. The Maid Wants Bus Fare
8. A million a year is not that much when you have 2 kids in Ivy League Schools, vacation homes in the Hamptons and the Vineyards, housekeepers, nannies, groundskeepers, chauffeurs, butlers and tax shelter experts to pay, and a large residence on Central Park West
9. What’s Good for New York is Bad for the Wealthy
10. New York is Number 1 in Income Inequality – Let’s Keep it that  Way

This Week at the Movies

In this week's cinema reviews, I'm quite enthusiastic about Snow Angels. Laura Leon feels kinda "meh" about Smart People, and Ann Morrow is kinda "meh-plus" about Nim's Island.

Snow Angels image: Warner Independent Pictures

Wow, Some Debate, Huh?

The critics agree: The ABC Dem debate sucked, sucked, sucked, sucked, sucked. (Well, except for bobo.)

The viewers concur: It SUCKED.

A few reason why it sucked:

Charlie Gibson is an elitist moron. It took almost an hour to get to a policy-related question. Georgie Snuffalufagus is an elitist moron.

UPDATE: Somehow I missed this:

Last night at the National Constitution Center, at a Democratic debate that was hyped by ABC as a discussion of serious constitutional issues, America got to see exactly what Obama was complaining about. At a time of foreign wars, economic collapse and environmental peril, the cringe-worthy first half of the debate focused on such crucial matters as Senator Obama's comments about rural bitterness, his former pastor, an obscure sixties radical with whom he was allegedly "friendly," and the burning constitutional question of why he doesn't wear an American flag pin on his lapel — with a single detour into Senator Hillary Clinton's yarn about sniper fire in Tuzla. Apparently, Charlie Gibson and George Stephanopoulos ran out of time before they could ask Obama why he's such a lousy bowler.

The Summer Place to Be?

The summer concert season is getting interesting, Capital Region. It's nothing you haven't heard before, but at least there looks to be a big show for everyone's tastes.

This afternoon those lovable scamps in Motley Crue unveiled details of the first-ever Crue Fest. (Sorry, my umlaut key is busted.) The Live Nation-backed affair will hit dozens of cities; according to the tour roster, Saratoga Springs (at SPAC, naturally) is on the list for August 29. Their 2005 show at the same venue was a hoot (I'd link to my review here but our Web site seems to have misplaced it; it did inspire some feedback, though); this one features support from the likes of Buckcherry and Papa Roach, in case concertgoers are feeling nostalgic for both the '80s and '90s.

The best damn entertainer you'll ever have the good fortune to see--Neil Diamond--has also announced a summer jaunt, in support of Home Before Dark, his second collaboration with producer Rick Rubin. According to a press release (the show hasn't officially been announced yet), the tour hits the TU Center in Albany on Wednesday, Aug. 20. If my calculations are correct (meaning: don't count on it), this will make him only the second performer, behind Billy Joel, to play all three incarnations of the old Knick.

Other artists returning to the area over the coming months: Maroon 5, who've come a long way since their every-other-month gigs at Northern Lights in the early-oughts, co-headline SPAC with Counting Crows on August 12; Richard Thompson, who'll finally be let outside the Egg for a show on the Empire State Plaza July 16; Canadian-rock punchline Bryan Adams and Godsmack front-Wiccan Sully Erna, who will play solo-acoustic gigs at the Orb on May 9 and 17, respectively; and, no kidding, the freaking Spin Doctors, who headline their umpteenth Tulip Festival on May 10.