Daily Archives: February 25, 2014

On Religious Liberty, Arizona Gets it Right and NY Times Gets it Wrong Again

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The headline reads “A License to Discriminate.” And the New York Times editorial board goes on to claim that Arizona has just passed “noxious measures to give businesses and individuals the broad right to deny services to same-sex couples in the name of protecting religious liberty.” The Times got it wrong. The proposed legislation never even mentions same-sex couples; it simply clarifies and improves existing state protections for religious liberty. And as the multitude of lawsuits against the coercive HHS mandate and the cases of photographers, florists and bakers show, we need protection for religious liberty now more than ever.

In 1993, overwhelming bipartisan majorities of both houses of congress passed, and President Bill Clinton signed, the federal Religious Freedom Restoration Act (RFRA). The Act states that the federal government “shall not substantially burden a person’s exercise of religion” unless it can demonstrate that such a burden “is in furtherance of a compelling governmental interest” and “is the least restrictive means of furthering that compelling interest.”

In 1999 the state of Arizona passed similar legislation that prevents the state government from similarly burdening the free exercise of religion. The bill that the Arizona legislature just passed is an amendment to the 1999 state RFRA clarifying that the protections extend to any “state action” and would apply to “any individual, association, partnership, corporation, church, religious assembly or institution or other business organization.” In other words, it protects all citizens and the associations they form from undue burdens by the government on their religious liberty or from private lawsuits that would have the same result.

Respecting religious liberty for all those in the marketplace is particularly important. After all, as first lady Michelle Obama put it, religious faith “isn’t just about showing up on Sunday for a good sermon and good music and a good meal. It’s about what we do Monday through Saturday as well.”

Read more at The Foundry

Fate of the Zip Line in the hands of the City Council this Thursday.

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ZiplineWILLIAMS — The fate of the Zipline, located in the Central Business District of Williams, moves to the Williams City Council to decide their fate (PDF notice). The Planning and Zoning Committee recommended approved the special use permit for the attraction with an added stipulation. Planning and Zoning recommended a bond in the event that the Zip Line fails.

BACKGROUND

When the Zip Line was initially approved, Logan Checketts took the matter to the City Council bypassing the Historic Committee and P&Z.

In April of 2013, the Williams City Council approved 4-3 to approve the signing of a one-year lease with Soaring Eagles Zip Line at their current location.

In November, John Holst of the Red Garter Bed & Bakery—located across from the attraction—at a Council meeting commented that the owners did not follow appropriate protocol bypassing the Historic Commission and P&Z. Checketts admitted at the meeting that the ride did not meet his expectations because of weather conditions that left the ride dormant much of the season. July and August is when Williams generally gets the most rain and thunderstorms which renders the ride inoperable. Mr. Checketts also stated that he could have done more marketing for the ride. The Council declined to renew the contract by a vote of 4-2.

Logan renewed efforts to retain the event by submitting a special use permit following the procedures.

At the February 11 Historic Committee meeting, the committee voted 5-0 to not allow the Zip Line to continue despite support for the attraction.

PLANNING AND ZONING

The support at the P&Z meeting on February 20th came mostly from business owners with one resident speaking for the project. There was one resident against the project because of the noise and John Holst tried to argue some technical matters.

Owner Logan Checketts spoke first concerning the background of the Zip Line. Last year, he explained, he went directly to the council to get approval. When he went this year to get permission, they council denied that permission recommending he go through the Historic Commission and Planning and Zoning.

As for the code, he claims that 12-17.06 of the City Code allows for the permit. (a) 1 of that code states, “Any use permitted by the existing zones over which historic district zoning is superimposed shall be allowed.”

He went on to say, “From the business perspective of it, and from the neighboring businesses, I’ve personally taken an interest in going out and visiting with many of the next door neighbors” to see how the structure has impacted their businesses after a year. He said that all of them except one were in favor of the ride. He added that if it was a simple majority, the city would probably vote for it, but he was grateful that the code was clear on the subject.

Checketts explained that Soaring Eagles Zip Line pays a percentage of the gross to the city for rental which came to around $30,000 last year. He pointed out that it also provided employment for about fifteen young adults over the summer.

He also pointed out the great expense that they put into giving the Zip Line a route 66 theme. At his other locations they have not themed their Zip Lines according to the area.

P&Z Chairman “Buck” Williams then opened the floor for questions after pointing out that he was in possession of seven letters—six of which were in favor of the attraction.

Williams resident Fred Reese asked if the project was making any profits. Checketts said yes and in response to further questioning said that the agreement is to pay 18% of gross plus a 3% sales tax making it 21% of gross going to the city.

Patty Williams said that it was her understanding that the ride was to come all the way to the ground so that it would be handicap accessible, but there are steps to climb to get to the ride. Logan admitted that it was not handicap accessible.

John Holst, the owner of Red Garter, said that the special use permit was supposed to have a narrative which explains the special use and the time period. He argued that without a time period it is no longer a special use.

City Building Inspector Tim Pettit interrupted to ask where he got this information and Holst replied that he obtained it from the City of Williams web site. Pettit admitted that it was on the web site, but not written in the code. According to Pettit, the code does not specify a time period for a special use permit, so theoretically a special use permit could be good for five-, ten- or even twenty-years if approved.

They went on to argue over whether or not the ride is a permanent or temporary structure. Pettit claims it is temporary.

Resident Jerry Anthony spoke in favor of the Zip Line asking more about the financial end and asking if the company would consider upping the percentage to Williams to as much as 35% of the gross since the initial install costs were already made.

Checketts explained that the total install cost was around $600,000.

Thomas Ross of I-40 Fleet Rentals and Sean Casey of Bearizona spoke in favor of the attraction. Mr. Ross mentioned other attractions such as Cadallac Ranch and the World’s Largest Ball of Twine, but these items are privately owned attractions.

The Zip Line issue will be settled by the Williams City Council this Thursday.

Level 4 water restrictions in effect in Williams

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20131206_152034WILLIAMS – As if to become the poster child for global warming, while two-thirds of the nation are under snow and ice northern Arizona has been experiencing summer-like weather. Recently some have complained about allergies as if spring were here.

There are slight chances of rain this week including a 100% chance Friday with slight chances of snow continuing into next week. The moisture moving into the area, however, does not appear likely to stay the Level 4 water restrictions that the City of Williams has already had to impose. This could chance as conditions change.

The Santa Fe reservoir has been virtually ice-free since December which is totally uncharacteristic for this time of the year. In addition the water level has dropped to dangerously low levels.

The notice from the City of Williams web site is as follows:

URGENT NOTICE EFFECTIVE: February 25, 2014 (unless otherwise noted)

Due to the extremely dry winter the City’s water reservoir levels are at critically low levels. To protect the City’s ability to provide water for our most basic needs, according to Title 8 – Article 4.08 of the City Code, the City must enact immediately the following Water Conservation Measure:

Resource Status Level 4: Water Crisis.
(i) The following water uses are restricted or prohibited. No person shall:

(1) Do any of the acts prescribed in previous status level restrictions.
(washing vehicles, washing outdoor areas, refilling swimming pools, etc.)
(2) Use potable or raw water for irrigation.
(3) Use potable or raw water for any purpose other than public health or emergency purposes.
(4) Use potable or raw water in violation of any other restriction deemed necessary by the City Council. (none at this time)
(5) No new building permits will be issued (those currently in the pipeline excluded)
(6) All commercial water hauling is stopped except for residential purposes.

While these are the most severe restrictions possible under City Code, they have been deemed necessary to ensure our ability to continue meeting the basic water needs of our community. Given the severity of the situation, Resource Status Level 4: Water Crisis includes, but is not limited to, the following penalties for violations of restrictions:

1. Excessive Water Consumption Rates: During Resource Status Level 3 and Resource Status Level 4, Single Family Residential rates shall increase to one hundred fifty percent (150%) of the established rate for any water consumption between fifteen thousand (15,000) and twenty thousand (20,000) gallons.

Rate shall increase to two hundred percent (200%) of the established rate for any water consumption greater than twenty thousand (20,000) gallons per billing cycle. Rate increases shall take effect with the current billing cycle, which began immediately following the date of your last meter read (indicated on your enclosed bill).

2. Violation Surcharges and Appeals: When a violation of the Water Restrictions is observed…the following surcharges will apply to all violations…
(3)A surcharge of one hundred dollars ($100.00) shall be assessed to the account of record for a violation of Resource Status Level 4.
(4) Surcharges shall double for every repeat violation.

Restrictions on Business and Industrial Uses include:

All businesses and industries using City water shall be restricted to the use of the amount of water used by the business or industry during the corresponding month of the year preceding the effective date hereof.

The City is working to identify any possible measures to ease the situation on several fronts. These include identifying possible new sources of water that can be used by the City. Thank you for your understanding and cooperation with this very difficult situation.

Supreme Court skeptical of greenhouse gas permits

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Justices appear to be leaning toward a ruling that would eliminate just one method the Environmental Protection Agency uses to regulate greenhouse gas emissions from stationary sources

1372376433000-ourviewWASHINGTON — The Supreme Court on Monday appeared headed toward restricting the federal government’s authority to require permits for major emitters of greenhouse gases.

Such a ruling from the court’s conservative wing wouldn’t affect an effort by the Obama administration to regulate the sources of global warming, but it would eliminate one method of doing so.

At issue is the Environmental Protection Agency’s decision to change the threshold in the Clean Air Act for the amount of emissions from a power plant, refinery or other stationary source that requires a permit. Liberal justices said it was a reasonable move to avoid an absurd over-regulation of greenhouse gas emissions, but conservatives said it went too far.

Read more at USA Today.

Analyzing Raymond Felton’s gun charges, future in NBA

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FELTON-articleInline New York Knicks point guard Raymond Felton has been charged with three offenses under New York law for unlawful possession of a firearm. The most serious is second-degree criminal possession, a felony charge that carries a minimum sentence of three and a half years behind bars. Felton’s charges stem from his estranged wife, Ariane Raymondo-Felton, reportedly handing over a Belgian pistol (FNH 5.7×28 mm) to New York police and claiming it belonged to Felton. Raymondo-Felton’s decision to turn over the gun appears connected to a heated argument Felton may have had with his girlfriend, whose name has not been released by law enforcement.

The charges

Unfortunately for Felton, New York is probably the worst state to be charged with illegal possession of guns. Prosecutors do not need to establish how Felton obtained the gun or why he possessed the gun, only that he possessed the gun. Felton has thus been charged with a strict liability offense: if he possessed the gun, he’s guilty and a judge would sentence him to at least three and a half years behind bars. Felton could seek a plea deal in hopes of a lesser sentence. Former NFL star Plaxico Burress, who faced similar charges in New York, ultimately pleaded guilty to lesser charges, but it was far from a legal win for Burress. Burress spent nearly two years behind bars. Plus, as discussed below, pleading guilty would carry legal significance for the NBA as it considers suspending Felton, while the Knicks could potentially try to void the remainder of Felton’s deal.

Read More at SI.com

Bible stops two bullets to save life of Ohio bus driver, police say

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busmessage
A Bible saved the life of a Ohio bus driver after the man was shot twice in the chest early Monday, police said.

Rickey Waggoner, a Dayton RTA bus driver, was making a mechanical fix outside his bus when three assailants approached him and shot him in what appears to have been a gang initiation, the Dayton Daily News reported.

Waggoner was shot twice in the chest at close range, but a contemporary version of the Bible, titled “The Message,” absorbed the bullets that would otherwise have killed the 49-year-old bus driver, according to police documents obtained by the newspaper.

Read more at FOX News

Government Lab Reveals It Has Operated Quantum Internet for Over Two Years

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MIT Technology Review, May 6, 2013

QC networkA quantum internet capable of sending perfectly secure messages has been running at Los Alamos National Labs for the last two and a half years, say researchers

One of the dreams for security experts is the creation of a quantum internet that allows perfectly secure communication based on the powerful laws of quantum mechanics.

The basic idea here is that the act of measuring a quantum object, such as a photon, always changes it. So any attempt to eavesdrop on a quantum message cannot fail to leave telltale signs of snooping that the receiver can detect. That allows anybody to send a “one-time pad” over a quantum network which can then be used for secure communication using conventional classical communication.

That sets things up nicely for perfectly secure messaging known as quantum cryptography and this is actually a fairly straightforward technique for any half decent quantum optics lab. Indeed, a company called ID Quantique sells an off-the-shelf system that has begun to attract banks and other organisations interested in perfect security.

These systems have an important limitation, however. The current generation of quantum cryptography systems are point-to-point connections over a single length of fibre, So they can send secure messages from A to B but cannot route this information onwards to C, D, E or F. That’s because the act of routing a message means reading the part of it that indicates where it has to be routed. And this inevitably changes it, at least with conventional routers. This makes a quantum internet impossible with today’s technology

Various teams are racing to develop quantum routers that will fix this problem by steering quantum messages without destroying them. We looked at one of the first last year. But the truth is that these devices are still some way from commercial reality.

Read more at MIT Technology Review