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Monthly Archives: August 2008

On Sheboygan Shenanigans: Part 1

Wisconsin has thousands of bloggers, and among that number is one who covers municipal affairs in Sheboygan. Her name is Jennifer Reisinger, and she is the blogger at Sheboygan Shenanigans.

There are both similarities and differences between her website and FREE WHITEWATER: she is conservative, where I am a libertarian; she uses her own name, while I write under a pseudonym.

She would likely disagree with many of my views; I would expect as much.

Although we have neither met nor written to each other, we have one thing in common – like a few other bloggers across America, we live in communities where municipal officials have committed acts of over-reach against lawful blogging.

She has obtained counsel and filed suit in federal court against Sheboygan and her leading officials for infringement of her First Amendment rights (as a 42 U.S.C. sec. 1983 action).

I have followed her
situation these many months, and I have read the recently-filed federal complaint (a public document) in the Eastern District of Wisconsin.

I will briefly summarize her claims, in a second post offer observations on how public officials go wrong this way, and in a third discuss the risks to Sheboygan of litigation.

Ms. Reisinger has retained Paul Bucher, former Waukesha County District Attorney, to represent her in this lawsuit. Her complaint was filed on August 20, 2008 and sets out her allegations against the defendants in 29 paragraphs.

She has filed suit against Sheboygan mayor Juan Perez (as mayor and personally), the chief of police, and the city itself, among others.

Ms. Reisinger is a web designer, and a community activist. She was supportive of efforts to recall the city’s mayor.

Ms. Reisinger alleges that the city’s unlawful insistence that she remove a weblink from one of her websites, and a subsequent police investigation about her because of it, caused damage to her business, health, and subjected her to death threats and other acts of intimidation.

She seeks both compensatory and punitive damages.

(An sad irony of this is that she intended the link to show support for the police, but the leadership of the city – leaders, not patrol officers – saw her actions in a different and wrong light. I find this common – arrogance is to be found principally among leaders, not the field.)

I wish her the very best in the vindication of her rights.

Next: How public officials go astray.

Daily Bread: August 26, 2008

Good morning, Whitewater

Like yesterday, there are two public meetings scheduled for Whitewater today.

A 6:00 p.m., there will be a joint meeting of the Common Council, Planning Commission, and the Park and Recreation Board to hear a presentation by Downtown Whitewater, Inc. on Whitewater Street Plaza concept and thereafter discussion and direction to City staff on Whitewater Street Plaza concept.

At 7:00 p.m., Common Council will meet, with an agenda devoted to budgetary matters.

Today in world history, in 1883, the Krakatau (aka Krakatoa) volcano erupted:

Krakatau volcano in the Dutch East Indies roars to life with a volley of ever-increasing explosions. It will culminate the next morning with the loudest explosion in human history.

Krakatau (aka Krakatoa) had been rumbling and sending up puffs of ash since May 1883. The eruption turned deadly on the afternoon of Aug. 26, with the first explosion coming at 1 p.m. A column of black ash soon rose 17 miles into the sky above the Sunda Strait between Java and Sumatra. Earth around and under the volcano continued to move, sending a tsunami out around 5 p.m. Others would follow.

Explosions continued at night, and lightning jumped between the ash column and the island. St. Elmo’s Fire played on a ship’s yardarms and rigging 25 miles away, ash fell on its deck and explosions deafened its crew.

The National Weather Service, predicts an identical prediction to yesterday: a high of around 76 with patchy fog. The Farmers’ Almanac predicts that it will be stormy in the Great Lakes region. This is the first time that I can recall both respective predictions being unchanged day-over-day. I don’t think that it has any particular meaning — it’s just a curiosity.

Libertarian Bob Barr Chats with the Washington Post

Bob Barr spoke to readers of the Washington Post via chat on August 21st. Here are excerpts from that interview:

On Energy Policy

Bob Barr: “I believe that we need to produce more of our basic fuel needs right here in the U.S. We should remove prohibitions to offshore drilling and exploration in ANWR. We need to remove the government restrictions and regulations that inhibit domestic production and refining. Shale oil is another source of energy that could be available to us in the foreseeable future. But all forms of energy are best explored, developed and delivered by the private sector. A free market will do more to reducing our dependence on foreign oil than any government subsidy.”

On the Foreign Intelligence Surveillance Act

Bob Barr: “The recent amendment to the FISA bill allows the government to eavesdrop on every American citizen if they are “believed” to be talking or communicating over the Internet with someone outside the U.S. I believe the FISA bill can allow the government total access to the phone calls and Internet communications of U.S. citizens without the benefit of a court order or even probable cause. Privacy issues are a corner stone of my campaign.”

On How Many Houses Barr Owns

Bob Barr: “Let me take a few minutes to count … one!”

The full transcript is available at

http://www.washingtonpost.com/wp-dyn/content/discussion/2008/07/13/DI2008071301623.html

Joe Biden: Not So Fond of Limited Government

Senator Obama chose another, and less impressive, senator as his running mate. Much sport will be had at the expense of Joe Biden, a gaffe-prone, entrenched incumbent.

Look at him seriously, though, and you find something worse: a career politician who has neither time nor understanding for limited government.

David Boaz recalls Biden’s theatrics in 1991 during the Clarence Thomas nomination hearings:

“Biden bore in on the possibility that Thomas might believe in “natural law,” the idea, as Tony Mauro of USA Today summarized it, that “everyone is born with God-given rights – referred to in the Declaration of Independence as ‘inalienable rights’ to ‘life, liberty and the pursuit of happiness’ – apart from what any law or the Constitution grants.”

Biden singled out Cato adjunct scholar Richard Epstein and Cato author Stephen Macedo…and demanded to know if Thomas agreed with them that the Constitution protects property rights.”

One could hold a strong property rights view with or without a religious belief.

One cannot easily hold a strong property rights view and still countenance widespread government interference in private affairs.

Poor Joe Biden: smart enough to see that strong property rights might inhibit government spending and scheming, but not smart enough to see that those rights are a part of his country’s foundation of liberty.

Obama could have done better.

Boaz’s telling anecdote is available at

http://www.cato-at-liberty.org/2008/08/24/joe-biden-and-limited-government/

Daily Bread: August 25, 2008

Good morning, Whitewater

There are two public meetings scheduled for Whitewater today.

The Community Development Authority Board of Directors will meet at 4:30 p.m. today.

Later, at 7 p.m., there will be a meeting of the WUSD School Board.

Yesterday in Wisconsin history, in 1970, was a tragic date in Wisconsin history, as the Wisconsin Historical Society reports that

… a car bomb exploded outside Sterling Hall, killing research scientist Richard Fassnacht. Sterling Hall was targeted for housing the Army Mathematics Research Center and was bombed in protest of the war in Vietnam. The homemade bomb (2,000 pounds of ammonium nitrate soaked in aviation fuel) was detonated by the New Year’s Gang, aka Vanguard of the Revolution, who demanded that a Milwaukee Black Panther official be released from police custody, ROTC be expelled from the UW campus, and “women’s hours” be abolished on campus. The entire New Year’s Gang fled to Canada the evening of the explosion. Four men were charged with this crime: Karleton Armstrong, David Fine, Dwight Armstrong, and Leo Burt. All but Burt were captured and served time for their participation. Leo Burt remains at large.

The National Weather Service, predicts a high of around 76 with patchy fog. The Farmers’ Almanac predicts that it will be stormy in the Great Lakes region.

Register Watch™ for the August 21st, 2008 Issue: Police Accreditation and a Telling Photograph

There’s a story unattributed press release (?) on page 3 of the Register about the accreditation of the Whitewater Police Department.

One of the opportunities for a blogger is being able to reply to misleading and distorted press releases. No matter how often municipal leaders scatter junk, there’s a blogger somewhere to clean it up.

I have previously posted showing how accreditation is an empty honor. See, for example, “Whitewater Police Department Re-Accreditation”.

In that post, I noted that

(1) accreditation effort is self-selected,
(2) measuring hundreds of checklist items is trivial,
(3) accreditation evaluators are often favorable representatives of nearby departments,
(4) accreditation ignores sensible standards that serious, unaffiliated institutions and organizations have proposed that directly concern the most important matters in policing.

In the present PR effort from the August 21st Register, there’s no longer a laughable effort to identify a specific, high number of accreditation standards (220, 300, 320, whatever) that our police department’s leadership fantastically and heroically achieved.

Now, that accomplishment is described simply as “over 200.” Over two-hundred is no more serious, of course, but it says something about the confusion of the announcement’s author that he or she thought it was a more reasonable number.

By the way, our small town has an ‘Accreditation Manager?” I knew as much, but imagine being so lacking in sense that you admit your effort is the small-town equivalent of a Japanese cram school.




Forget Accreditation Manager — here’s a title that really means something to a community: Patrol Officer.

For as long as I can remember, I have heard the expression that a picture is worth a thousand words. If that’s true, then the accompanying photo is a sad commentary on accreditation.

Has there ever been a more somber, glum, and melancholy awards photograph than the one printed in the Register? This is a submitted, posed photo; I can only imagine how gloomy a candid, spontaneous photograph would be.

Three police leaders, no real smiles, no uniforms (no matter how pricey the uniform allowance), the gentleman on the left with his jacket unbuttoned, Whitewater’s police chief holding a commonplace plaque that one might find in any trophy shop, all looking downcast.

Whitewater, here is your empty honor.

(This was a photo from the formal accreditation presentation, in Eau Claire. Imagine someone having already announced the award, and then thinking that the formal ceremony needed a subsequent, separate announcement. Too funny.)

If there were any group that should stay away from the media, for its best interest, it is our police leadership.

Some of the most sadly embarrassing information on this department comes from its own publications and press releases.

I know that they don’t see it that way, but it’s a case of not knowing what they don’t know.

This is what might happen in any town, if a police leadership lived in a small echo chamber, listening to the congratulatory praise of sycophants. Hearing little or no good advice, and having lived this way for so long, they would have no idea how ridiculous this looks and sounds to anyone outside their narrow cadre.

(The photograph and story were picked up on a local website, confirming my contention that the biggest threat to the Register is an online competitor with a similar editorial perspective. The photograph online is larger and in color – yet otherwise no more impressive.)

If this were truly a meaningful departmental honor, then I have a better suggestion:

Why not take a group-photograph in Whitewater with as many field officers as possible, proudly in uniform, smiling and sharing in the award?

The challenge is that one would have to call those officers, they’d have to answer the phone, and willingly assemble.

A departmental leadership that was truly field-oriented would have had this as a first – and only — instinct. In any event, the accomplishment would have to be a serious, not an empty, one.

Accreditation’s not that accomplishment, and Whitewater – now – is not that place.

Register Watch™ for the August 21st, 2008 Issue: 3 Rs

Here’s the third in my triple-feature coverage of my town’s local paper, the Whitewater Register. I’ll divide coverage of the 8/21 issue into two parts, because this issue is chock-full of rich, creamy, chocolaty status-quo goodness.

The lead story is on recycling, and a public interest group’s finding that in five of Wisconsin’s counties there “are some barriers” to recycling. Are any of those counties nearby? The story doesn’t say. What are the barriers to recycling, should we be one of those counties? The story doesn’t say.

Nonetheless, this is the lead story of the Register, shoehorning out-of-town news as though it were local. In 24 (that’s twenty-four) paragraphs, we never learn where the barrier-ridden counties are, or what those barriers might be.

The subtitle of the story is unintentionally funny: “New initiative hopes to boost city’s, state’s commitment to the 3Rs.” The story never tells us what those three Rs, in fact, are. (The SMART website, at Wisconsin Be SMART Coalition’s website tells us – they’re REDUCE, REUSE, and RECYCLE.”)

The three Rs used to be, so to speak, “reading, ‘riting, ‘rithmetic.” That was when schooling was important, presumably, and when people actually remembered what those three Rs were.

If one wants to know the modern 3 Rs, one has to put down the local paper’s lengthy story, and surf the Web.

Register Watch™ for the August 14th, 2008 Issue: Circulation

Often, I think about the Register not merely for the content it offers – such as it is – but the role of a weekly in a small town. Last year, I pointed out the Register‘s circulation – as reported to the State of Wisconsin, was unimpressive.

In a post from September 14, 2007, I used state paid subscriber figures to show that (1) the Register‘s paid subscriber based was small, especially for a longstanding publication, (2) the percentage penetration of the Register was low, and (3) the Register has a lower penetration rate than other newspapers in the Southern Lakes newspaper chain.

Here’s a part of last year’s post:

Of the listings in the State of Wisconsin document [State of Wisconsin, Newspaper Certification Rates, Statewide Bureau of Procurement Contract No. 15-99955-601], the Register falls in the roughly the bottom quarter of news weeklies by circulation. Approximately three out of four news weeklies listed have higher circulation than the Register

Since then, to my surprise, the Register’s certified numbers to the state show a marked decline: from 1569 last year, to 1297 this year. That’s an 18% percent drop. The new numbers are available on the Web as Word document at Department of Administration Contract No. 15-99955-802 Newspaper Certification Rates — 2008-2009

Some quick points:

First, I did not think that the paid subscriber drop would be this high. I thought that it would be much smaller. In the Wisconsin figures, weeklies are down generally, not just the Register. Many have double-digit paid circulation declines, year over year. If some of them run at a low margin, a drop of this kind for more than a year or two would prove devastating. Papers in a chain have a presumably greater chance of survival, as they can distribute costs (and offer advertising) over a wider area.


Second, shopper-advertisers must be taking a toll on news weeklies. That’s true because they offer lots of space for local ads that are attractive to readers, and one can see that they’re a direction that experienced publishers are willing to consider.

The Week is no longer, but its publisher (Bliss) ceased publication of that paper while simultaneously moving to acquire shopper-advertisers from another publisher. A seasoned publisher saw an opportunity in the local shopper-advertiser market.

We do not have, and likely will not have, a local version of something like craigslist. Those online classifieds work, and are devastating to print newspaper classifieds, but do not exist for Whitewater.

Shopper-advertisers will survive – maybe not all of them, but the format itself. A weekly like the Register would have to shift content significantly to capture advertisers now publishing in the Good Morning Advertiser, for example.

Third, dailies did not have declines this large last year, and that makes sense – they publish more frequently (with timely news), offer more opportunities for advertisers, and thus more for shoppers (more ads, coupons, etc.).

Fourth, the double-digit declines in paid subscribers suggest to me that news weeklies do not have the loyal subscribers they might wish advertisers and readers to believe they have. That seems true across the board.

Fifth, in a town that has a website that offers news and sports information, like Whitewater with the Banner, that website probably represents a ceiling – lower each year — beyond which a local newspaper cannot climb.

It’s not that all the subscribers who cancel will defect to read their local news on the web – it’s that the website makes net increases in print subscribers almost impossible. Not only would a print paper have to recapture lost subscriber numbers, but it would be doing so against the enticements to prospective subscribers that an all-color, easily-updated website offers.

News websites are like online, full-color, free dailies – once in a community, they’ll cap the growth possible for a weekly newspaper.

The combination of higher print costs, and the presence of an online news source with a similar perspective on local news, makes difficult the future of a weekly newspaper.

Sixth, in a situation like this, as subscriber numbers decline, my guess would be that a newspaper would feel increasingly beholden to its remaining, cyberspace-averse readership. That’s a natural reaction – to shore up one’s base. It’s a risk-averse response that accepts gradual decline rather than venture in a new direction.

In this regard, a weekly is like an aging department store that fears remodeling because a more upscale look might offend loyal – but less profitable – customers.


Seventh, if these preceding points should be true, then one can expect an increasingly status-quo outlook from the Register. (That is, if increasingly status quo could be possible for that paper.)

It also means that the Register is less influential than before, and that its favorable depiction of local officials and long-term incumbents is just preaching to an ever-smaller choir.

Register Watch™ for the August 7th, 2008 Issue: Dream Towns?

In my small town, we have a local, weekly newspaper called the Whitewater Register. It’s part of a chain of local weeklies in my part of the state. I follow of the paper, of which I have been a critic. Here’s the first of three Register Watch posts on recent issues of the paper.

Dream towns.

This post covers the Register edition for August 7th, 2008. I correctly predicted the lead (lede) story – of the August 7th issue, in a post entitled, “Municipal Exaggeration: Dream Towns” that I published on the morning of August 7th. Anyone would have spotted the Register story a mile away.

In that post, I showed how a survey that supposedly described Whitewater as a dream town was really describing a much bigger area, an area that actually outperformed Whitewater in the measurements surveyed.

The question for me was why Whitewater’s city government and city manager would even bother to flack the findings, as those findings did not describe our city. I have no idea, but perhaps it was enticing just to find a favorable survey that used the name Whitewater. That’s no reason to use the study – but the desire to look good sometimes takes on an expression of the foolish and unrealistic.

The Register‘s August 7th picked up on the survey, under the headline, “Livin’ in a Dream.” That the title is double-edged might have escaped the Register, but is apparent nonetheless. I’d be the first to contend that the desire to live in a dream – rather than see things as they are – keeps our town back. We could be a true dream town one day, but not by pretending that we are one now.

Advertisements.

There’s something else in the Register that’s interesting to me, but it’s on the back page of the main section of the paper. There’s a half page ad for merchants in historic…Delavan. Delavan is a nearby town, once derided by long-standing residents as a second-rater, that now outperforms Whitewater in several common measurements of community well-being.

Why the large ads for Delavan in the Whitewater Register? I have observed before that the Register‘s principal ads often are not for businesses in Whitewater, but elsewhere: Elkhorn, Burlington, Delavan, etc. That’s true in this issue, too. By my count, of approximately 50 picture ads in the main section of the paper, only about 20%, are from businesses located in Whitewater.

Since the Register is part of a chain, and Delavan has a newspaper in the same chain, it’s likely that ads in one paper are spread over several publications. I have no idea what the rate card’s like for a business’s out-of-town advertising, as against home-town advertising, or what additional value it might provide to an advertiser.

(A quick check of another newspaper in the chain reveals that the Delavan ad ran in more than one non-Delavan paper, not merely the Register.)

I’ll talk about advertising, circulation, and the future of local weeklies in my next post.

Weigel on the Barr Candidacy: “Look Who’s Coming in Third.”

Over at Reason, in the September issue of the magazine, David Weigel observes that — despite fundraising challenges — the LP candidate for president is doing better than anyone might have hoped.

I’m not sure that November will prove so optimistic for the LP, but Weigel correctly notes that this year has a fair chance to be a better — perhaps unprecedented — year for the LP presidential candidate.