FREE WHITEWATER

On the Medical Marijuana Debate at the University of Wisconsin-Whitewater

Last Wednesday, on the University of Wisconsin-Whitewater campus, there was a debate on a medical marijuana bill before the Wisconsin legislature. See, Assembly Bill 554. (There’s also a Senate companion bill.) The bill would make medical use of marijuana legal under specified and limited circumstances.

I attended the debate, along with – by my imperfect count — about ninety people. Held on the upper floor of the University Center, the room was packed, and a few extra chairs had to be brought in to accommodate the audience. The event was publicized beforehand (Whitewater forum to debate pros and cons of medical marijuana bill), and the large crowd did not surprise me.

The two debaters, Gary Storck of NORML (National Organization for the Reformation of Marijuana Law) spoke in favor of the bill, and Dr. David Nordstrom of the university, speaking in opposition. There were three aspects to the debate that stood out for me.

(Quick disclaimer: I favor Assembly Bill 554, for those who can establish that they have chronic and debilitating conditions. Those upest about current laws and regulations should seek legal change, as those backing AB 554 are doing. I would not encourage anyone to violate existing drug laws. Even following legal reform, patients would also be discussing these matters with their doctors.)

Rhetoric. First, the direct debate between Storck and Nordstrom was civil, and almost understated. As one could guess, Storck has probably given a similar presentation countless times, and his remarks were relaxed, and seemed familiar to him. Neither man was as young as the average person in attendance; a generation separated speakers and audience. They were the same presentations, though — Storck sought to appeal to a person’s natural desire to alleviate suffering, and much of his remarks depended on an appeal to the circumstances of those in chronic pain. Nordstrom acknowledged the personal circumstances of those with chronic pain, but he had no anecdote in reply, no story to offer in response to Storck’s emotional appeal (more about that appeal in a moment).

I posted to Twitter (‘tweeted’) a few times during the debate; my remarks were about atmosphere.

Points. From my notes, capturing the arguments of the debate — what one might know as flowing the debate, it was a much closer affair than the rhetorical contest between the debaters. Nordtstrom raised legitimate concerns about marijuana use — concerns about individual dosing — that I though Storck answered too glibly. (There’s a better answer to concerns about dosing than simply contending that people will stop when they feel better; licensed opinion should instruct on dosages, for medical marijuana as well as any other substance prescribed.

As I look over my notes, days after the debate, I can see how Nordstrom set out a better case than one might have felt while watching the debate.

There’s not a point that Storck might not have contested more soundly, but many arguments on both sides lacked a compelling and engaging reply. There was not, to use another debater’s term, a lot of clash between the debaters, over specific points to be directly refuted. (Clash like that can be subtle, too; it does not imply harshness.) There were counter-arguments, to be sure, but not as much grappling in reply to specific points as might have been the case.

The Context of It All. I know that the debaters wanted to confine themselves to the bills before our legislature, but that’s a futile effort. There’s a broader context to all this, about state and federal regulations on medicines, and about drug policy for illegal narcotics.

The college-aged students in the room — perhaps ninety percent of them — seem to favor AB 554. A show of hands after the debate suggested about this level of support, as best as I could quickly count it. It’s not just students, though, who have come to feel this way.

America’s not a radical place, and I’m convinced many Americans are right-of-center, with a libertarian streak. There are millions upon millions in America like this, and they’re skeptical of government claims, official pronouncements, and declarations that all is well-in-hand. All sensible Americans, surely, reject drug dependency and addiction, generally. It’s a fantasy to think Americans are tolerant of drug use, or that we’re a reckless people who’d risk health over drug use. We’re a people that admires productivity, energy, and vitality — we will never admire wasted misfits. (Note well: the legalization of medical marijuana isn’t about use for «em»healthy«/em» people, but for those few in chronic pain and suffering from debilitating, diagnosed illnesses. There’s nothing recreational about their need.)

If there are broader challenges to drug policy — and there are — the most potent of these are not coming from so-called radicals, or from the left. They’re coming from right-of-center Americans who have begun to doubt that official pronouncements on drug enforcement are believable. Some officials have lived too long in an echo chamber, and have become deaf to the growing skepticism of their claims outside of a small circle of back-patters. It’s not that America’s too far left; it’s that she has a large number of practical, right-of-center voters who’ve come to doubt proud declarations of victory. It was, after all, the conservative National Review, and William F. Buckley, who came out against current drug enforcement efforts in 1996. They didn’t favor drug use; they opposed an ineffective, expensive effort that wasn’t reducing dependency.

This must come as a shock to some, accustomed to support for longstanding drug policy. It must be doubly shocking when declines in support come in constituencies officials assumed would always be supportive. Always has run up against Americans’ practical tendencies and expectations of genuine reductions in dependency.

Storck, of NORML, surely sees this, too. Many of his arguments were libertarian-oriented, about individual, and not group, rights. (I’m not suggesting his arguments were a pose; I’ll assume that he presented his beliefs as they truly are.) Storck’s anecdotes weren’t about how groups (e.g., twenty-somethings) should have access to marijuana, but about how individuals, described specifically, who are in pain, should have an individual right to medical marijuana under Wisconsin law. I wish there’d been greater back-and-forth on these points, but the debate was a good introduction to the narrower issues in bills like AB 554.

This view found a receptive audience in the room last week. It also finds an increasingly receptive audience in cities and towns across America. The issue’s not likely to go away.

Whitewater-Area League of Women Voters — April 2010 Newsletter

The Whitewater-Area League of Women Voters’ April 2010 Newsletter is now available, and the latest issue includes a calendar of upcoming LWV events. The latest copy of the LWV newsletter is available as a link on my blogroll, and is embedded below, with coding through Google.

Here is a sampling of upcoming events mentioned in the April newsletter:

Calendar of Events

Date: April 10th (Saturday)
Event: LWV Board Meeting
Where: Public Library, White Memorial Room
10AM

Date: April 15th (Thursday)
Event: LWV Public Program Meeting
Where: City Hall Council Chambers 7PM

Date: May 22nd (Saturday)
Event: LWV Annual Meeting
Where: Fairhaven, Fellowship Hall 10AM

Date: June 18-19th (Friday/Saturday)
Event: LWV WI Annual Meeting
Where: La Crosse, WI

Fairhaven Lecture Series

All lectures are open to the public at no charge on Mondays at 3 p.m. at the Fellowship Hall, located at the Fairhaven, 435 West Starin Road, Whitewater, WI 53190. Sponsored by the UW-Whitewater Office of Continuing Ed.

April 12th – Works on Paper: Whitewater to Oaxaca, Mexico—A Cultural Narrative. Art Department Faculty Group Share the Story of Their Cultural Exchange with Exhibition Groupo 53.

Historical Society of Walworth and Big Foot Prairie Dinner Meeting, April 22

Please see a press release from the Historical Society of Walworth and Big Foot Prairie —

Jerry Apps, award-winning author, will present a program titled “One-Room Country Schools – History and Recollections From Wisconsin” at the dinner meeting of the Historical Society of Walworth and Big Foot Prairie and the Delavan Historical Society on Thursday, April 22.

The meeting is at The Village Supper Club, 1725 South Shore Dr., Delavan Township. The event starts at 6 p.m. for socializing, followed by dinner at 6:30.

Apps, professor emeritus at the University of Wisconsin-Madison, has written more than 25 books dealing mainly with rural history and country life. He also is former publication editor for UW-Extension, an acquisitions editor for McGraw-Hill Book Company and editor of a national professional journal.

He was born and raised on a Wisconsin farm and graduated from a one-room country school in Waushara County, Wis. His early work experience was as a county Extension agent for Green Lake and Brown counties, followed by a publications editor for the state 4-H office. Continuing with his education, he received a Ph.D. in education and rural sociology at the UW-Madison and went on to chair the Department of Continuing and Vocational Education in the 1970s.

Apps’ works include Barns of Wisconsin, Ringlingville USA, One-Room Country Schools, Teaching from the Heart, Every Farm Tells a Story and more recently Old Farm: A History. The last one has won numerous awards.

In addition to writing books, Apps has had more than 800 articles published, appeared on PBS, The History Channel and National Public Radio and has spoken several times in Walworth County.

The meal of beef and baked chicken will be served family style and complemented by a salad, relishes, mashed potatoes, fresh bread, beverage (coffee, tea, or milk) and dessert. The cost is $20 per person.

The public is invited to the meeting. To make a reservation, send a check (made out to Historical Society of Walworth and Big Foot Prairie) to the society at P.O. Box 336, Walworth, WI 53184. Reservations must be received by April 14.

For information, call society president Nancy Lehman at 262-275-2426.

Daily Bread for Whitewater, Wisconsin: 4-6-10

Good morning, Whitewater

Today’s forecast calls for a day of thunderstorms, with a high temperature of sixty-four.

It’s election day across Wisconsin. Whitewater will have city council and judicial races on the ballot.

The Indian Mounds Park Committee meets this afternoon, at 5 p.m. The agenda for the meeting is available online.

At Lakeview School tonight, there will be a meeting of the PTA at 6:30 p.m.

The Wisconsin Historical Society recalls an event in Wisconsin history from 1903, that sounds like a more recent one:

1903 – Legislature Considers Banning Sale of Cigarettes

On this date the Wisconsin Legislature considered a bill to ban sale or manufacture of cigarettes in the state. [Source: Janesville Gazette]

Other states considered and passed cigarette bans. Utah, for example, enacted a ban on cigarettes in 1921, and it remained on the books until it was repealed 1923.

Historical Society of Walworth and Big Foot Prairie

Dinner meeting of the Historical Society of Walworth and Big Foot Prairie and Delavan Historical Society, Thursday, April 22, 6 p.m. at The Village Supper Club, 1725 South Shore Dr., Delavan Township. Program “One-Room Country Schools – History and Recollections From Wisconsin” by award-winning Wisconsin writer Jerry Apps. $20 per person. For reservations and information, call Nancy Lehman at 262-275-2426.

Daily Bread for Whitewater, Wisconsin: 4-5-10

Good morning,

Whitewater’s forecast calls for an increasingly cloudy day, with a high of sixty-nine degrees.

The City of Whitewater will have a Parks & Recreation Board meeting today at 5 p.m. The Irvin Young Library will begin a book sale today, running through this week.

The Wisconsin Historical Society recalls that on this day in 1860,

Wisconsin Congressman Challenged to Duel

On this date, with the threat of civil war hanging in the air, John F. Potter, a Wisconsin representative in Congress, was challenged to a duel by Virginia representative Roger Pryor. Potter, a Northern Republican, had become a target of Southerners during heated debates over slavery. After one exchange, Pryor challenged Potter to a duel and Potter, as the one challenged, specified that bowie knives be used at a distance of four feet. Pryor refused and Potter became famous in the anti-slavery movement. Two years later, when Republicans convened in Chicago, Potter was given a seven foot blade as a tribute; the knife hung with pride during all the sessions of the convention. Before his death, Potter remembered the duel and proclaimed, “I felt it was a national matter – not any private quarrel – and I was willing to make sacrifices.” [Source: Badger Saints and Sinners, by Fred L. Holmes]


John Fox Potter

Happy Easter


But the angel said to the women, “Do not be afraid, for I know that you seek Jesus who was crucified. He is not here, for he has risen, as he said. Come, see the place where he lay. Then go quickly and tell his disciples that he has risen from the dead, and behold, he is going before you to Galilee; there you will see him. See, I have told you.” So they departed quickly from the tomb with fear and great joy, and ran to tell his disciples.

Matthew 28:5-8

Town of Whitewater Resident Challenges Wisconsin Campaign Finance Laws, Wins Federal Injunction

If a citizen and resident wants to mail postcards about an upcoming referendum in his town, must he register (as Wisconsin law requires) before doing so? If he doesn’t register, will he be prosecuted, as others have been in the past?

Here’s a press release about the federal lawsuit against several defendants from the James Madison Center for Free Speech:

James Madison Center for Free Speech
1 South 6th Street
Terre Haute, IN 47807
www.jamesmadisoncenter.org

PRESS RELEASE March 28, 2010 Contact: James Bopp, Jr. Phone: 812-232-2434; Fax 812-235-3685 jboppjr@aol.com

Whitewater Resident Challenges Wisconsin Campaign Finance Laws

A lawsuit was filed Friday in federal court in Wisconsin challenging the same portions of that state’s campaign finance laws that a federal judge ruled unconstitutional in similar circumstances in 2009. The suit surrounds a another local referendum in the town of Whitewater that will be voted on April 6. The plaintiff, Charles G. Hatchett, a resident of Whitewater, wants to send postcards and flyers urging his fellow residents to vote against the referendum.

Under Wisconsin law, Mr. Hatchett cannot participate in these activities without first registering and including a disclaimer on his materials. Mr. Hatchett filed suit arguing that these laws violate his First Amendment right to free speech.

James Bopp, Jr., an attorney representing Mr. [Hatchett] states: “these overreaching campaign finance laws remain in force even after a federal judge has ruled that they are unconstitutional in situations like this. Individuals in Wisconsin still can’t send a post card concerning a referendum in their own town without registering and filing reports with the state.”

The case is titled Hatchett v. Eich. Mr. Hatchett has asked for a temporary restraining order that would allow him to immediately undertake his activities without complying with the challenged laws.

A copy of the Complaint and Motion for Preliminary Injunction will be available at the James Madison Center’s website www.jamesmadisoncenter.org.

James Bopp, Jr. has a national campaign finance and election law practice with Bopp, Coleson & Bostrom. He is General Counsel for the James Madison Center for Free Speech.

Here’s a copy of the federal complaint: Hatchett v. Eich, et al.

Here’s a copy of the court’s temporary restraining order/preliminary injunction: Decision and Order.

From the Decision and Order:

…the renewed motion seems unnecessary in light of the defendants’ concession that the laws are unconstitutional as applied to Mr. Hatchett and that they will not be enforced. However, Mr. Hatchett insists that he wants legal relief to ensure that he will not be prosecuted. Under the unique circumstances presented here, injunctive relief can be entered to ensure that the laws are not enforced. The standards for injunctive relief are satisfied. Judge Stadtmueller’s ruling in Swaffer illustrates that Hatchett is likely to succeed on the merits. 610 F. Supp. 2d at 969-70 (finding §§ 11.23 and 11.30, Wis. Stats., unconstitutional as applied to plaintiff’s use of postcards and yardsigns in opposition to referendum regarding liquor sales in Whitewater).

NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY ORDERED THAT:

1. Hatchett’s motion for a preliminary injunction [D. 8] is GRANTED; and
2. The defendants are ENJOINED from enforcing the provisions of §§ 11.23 and 11.30, Wis. Stats., against Hatchett in relation to his advocacy regarding the April 6 referendum in the Town of Whitewater.

Dated at Milwaukee, Wisconsin, this 31st day of March, 2010.

SO ORDERED,
s/ Rudolph T. Randa
HON. RUDOLPH T. RANDA U.S. District Judge

For more on the Swaffer case, also involving the Town of Whitewater, see Free Speech for the Town of Whitewater.

On Science Night at Whitewater High School

On Tuesday evening, from 6:30 to 8 p.m., there was a science exhibit night at Whitewater’s high school, at which hundreds of people watched dozens of science experiments and demonstrations. For the student volunteers, and the teachers who staffed the event, the story of the evening might have been the wide number of exhibits. Anyone walking though the area found stations for optical illusions, rocket launching, insect collections, a Rube Goldberg contraption, animal tracks, hydrodynamics, electrical circuits, hovercraft, and the ever-fascinating combination of pop and Mentos. There were other stations beyond these; my list is a partial one. Those who created and demonstrated these exhibits have every reason to be proud of their work.

These many exhibits did not sit unremarked; hundreds came to see them. The attendance, I think, is an equally important story of the evening. Walking from room to room, among so many people, one saw Whitewater as she is, at her very best. No small number of insiders, beyond the few chattering magpies of the city: Whitewater’s many, a better group than all of our governing officials combined.

The attendees were of all ages, and representative of the city’s population, I’d guess. Their interest in science, in discovery of the natural world, was characteristic of an American community. We are an inquisitive people, given to experimentation and hands-on examination of the world around us. We’re not a place for Cambridge Platonists, a clique of dons speculating on the meaning of it all. We’re fortunate that we’re not; we fall short, and fail ourselves, whenever we undertake the mannered, airy musings of less productive elites.

Our science and achievements — the envy of all the world — have not come from a few fancy people (or those who’d like to think that they’re fancy, and like you to think so, too).

Our achievements come from the hands of ordinary and common people, who do extraordinary things, free of pretension. From among the crowd Tuesday evening, Whitewater, and America, will find what they need for our future. They’ll need no guiding hand of supposed dignitaries; no self-important vanguard will direct them. Talent and accomplishment will spring from the crowd, simply and humbly discovering great things.

Science Night was both an interesting and pleasant evening, and a match for any other.