Posts tagged ‘Los Angeles’

California Governor Finally Sees Reason on High-Speed Rail. And Then He Doesn't

Via USA Today:

California Gov. Gavin Newsom has announced that he’s abandoning a plan to build a high-speed rail line between Los Angeles and San Francisco.

The project's cost has ballooned to $77 billion.

“Let’s be real,” Newsom said in his first State of the State address on Tuesday. “The current project, as planned, would cost too much and respectfully take too long. There’s been too little oversight and not enough transparency.”

Hurray!  This is long overdue.  I was writing about how dumb an idea this was back in 2008.  I remember it because I was on Fox and Friends in the worst time slot ever to talk about it.  Not only was the interview at like 4AM Arizona time, but the segment immediately before I discussed economics and public policy *yawn* they had 8 cute maltese puppies frolicking on stage.

Everyone, including I would bet California officials but probably excepting elements of the fawning media, knew the cost estimates were a joke.  In 2010 when CA said $30-$40 billion I said it would take at least $75 billion and when CA belatedly adopted that number I doubled it to $150 billion and I think that is still low for what it would have cost.  This was all at a time when you could fly Burbank to Oakland on Southwest for $90.

But because it seems to be a rule that no CA politician can remain sane for more than 5 minutes straight, here are the next lines of the story:

Newsom, though, said he wants to finish construction already underway on a segment of the high-speed train through the Central Valley. The project would connect a 119-mile stretch from Merced to Bakersfield.

“I know that some critics are going to say, ‘Well, that’s a train to nowhere.’ But I think that’s wrong and I think that’s offensive,” Newsom said. “It’s about economic transformation. It’s about unlocking the enormous potential of the Valley.”

This is absolutely absurd.  If you started with a clean sheet and studied what the Central Valley really needed for "economic transformation," I am willing to bet a high-speed rail line from Merced to Bakersfield would not be in the top 100 items, maybe not the top 1000.  Probably first on the list for the Central Valley economy would be to stop applying minimum wage rates based on San Francisco to poorer rural areas of California.  If you wanted to limit yourself to infrastructure projects, the Central Valley would probably beg for water infrastructure projects, not a silly overpriced train.

Starving Public Services to Pay More to Government Workers

On several occasions, I have wondered why progressives continue to be so supportive of paying too many government workers too much at the cost of reducing the government services they seem so passionate about.  This is something I seen in the public parks world all the time.  Arizona State Parks, for example, has about half of its employees in headquarters buildings rather out in the field serving the public while at the same time paying these headquarters staff very high salaries.  This is despite the fact that the agency has tens of millions of dollars of deferred maintenance it refuses to address.

I see this story repeated over and over in the public parks world -- when forced to choose, government agencies will cut back on maintenance and services to protect total staffing numbers, pay, and benefits.

The New York Times found something similar in the New York Subway:

An examination by The New York Times reveals in stark terms how the needs of the aging, overburdened system have grown while city and state politicians have consistently steered money away from addressing them.

Century-old tunnels and track routes are crumbling, but The Times found that the Metropolitan Transportation Authority’s budget for subway maintenance has barely changed, when adjusted for inflation, from what it was 25 years ago.

Signal problems and car equipment failures occur twice as frequently as a decade ago, but hundreds of mechanic positions have been cut because there is not enough money to pay them — even though the average total compensation for subway managers has grown to nearly $300,000 a year.

Later they go into more detail about payrolls:

Subway workers now make an average of $170,000 annually in salary, overtime and benefits, according to a Times analysis of data compiled by the federal Department of Transportation. That is far more than in any other American transit system; the average in cities like Boston, Chicago, Los Angeles and Washington is about $100,000 in total compensation annually.

The pay for managers is even more extraordinary. The nearly 2,500 people who work in New York subway administration make, on average, $280,000 in salary, overtime and benefits. The average elsewhere is $115,000....

Union rules also drive up costs, including by requiring two M.T.A. employees on every train — one to drive, and one to oversee boarding. Virtually every other subway in the world staffs trains with only one worker; if New York did that, it would save nearly $200 million a year, according to an internal M.T.A. analysis obtained by The Times.

Several M.T.A. officials involved in negotiating recent contracts said that there was one reason they accepted the union’s terms: Mr. Cuomo.

The governor, who is closely aligned with the union and has received $165,000 in campaign contributions from the labor group, once dispatched a top aide to deliver a message, they said.

Pay the union and worry about finding the money later, the aide said, according to two former M.T.A. officials who were in the room.

They do not mention pensions.  Who wants to be there is also a looming unfunded pension crisis here?

Elon Musk Is The Master of Yelling "Squirrel"

It is hard not to be conflicted about Elon Musk.  On the good side, he is pursuing fabulous and exciting goals  - space travel, high speed transportation, cheap tunnels, ubiquitous electric cars.  Listening to Musk is like riding through Disney's various Tomorrowland visions.  As a consumer, I love him.

As a taxpayer, I am not so thrilled.  Many of his companies (SolarCity and Tesla in particular) seem designed primarily as magnets for government subsidies.

But it is his shareholders I really have to wonder about.  I can't remember anyone in my lifetime who was so good at serving his shareholders Spam and convincing them they were eating filet mignon from a Michelin three star restaurant.  He announces quarter after quarter of failed expectations and greater-than-expected losses and then stands on stage and spins out all new visions and his fan-boys bid the stock to new all-time highs -- in fact to market valuations higher than GM, Ford, Nissan, or Honda.  Tesla's debt priced in the last offering well above what it should have given its rating and risks.   I thought his purchase by Tesla of his near-bankrupt other company Solar City had no strategic logic and was borderline corrupt, but my brother-in-law who is arguably a more successful entrepreneur than I thought it was brilliant, an example of Musk playing chess when everyone else is playing checkers.

So last week Tesla announced a really bad third quarter.  They lost a lot more money than they said they would, and produced a lot fewer of their new Model 3 cars than they promised.  Their manufacturing operations are in disarray and they are burning cash like crazy, such that the billions of funding they just raised will get burned up in just a couple more months.

But Tesla needs to stay hot.  California is considering new vehicle subsidy laws that are hand-crafted to pour money mainly into Tesla's pocket.  Cash is burning fast, and Musk is going to have to go back to the capital markets again, likely before the end of the year.  So out came Musk yesterday to yell

Tesla's main current problem is that they cannot seem to get up to volume production of their main new offering, the Model 3.  The factory appears to be in disarray and out of production and inventory space.  They can't produce enough batteries yet for the cars they are already making.  So what does Musk do?  Announce two entirely new vehicle platforms for tiny niche markets.

A workhorse truck and a new super car are in the works for Tesla, after founder and CEO Elon Musk introduced his company's latest effort to widen the U.S. market for electric vehicles Thursday night. Musk called the Roadster "the fastest production car ever made, period."

Musk unveiled the Roadster toward the end of an event that was supposed to be all about Tesla's new Semi trucks. Taking a page from Apple and other tech companies in using showmanship to wow crowds, Musk surprised the crowd by announcing there was one more thing to add — and the new car rolled out of the truck's trailer.

After touting the utility and efficiency of what he called a game-changing truck, Musk welcomed the Roadster to cheers from those attending the event at the Hawthorne Municipal Airport near Los Angeles.

You have to hand it to Musk -- no other car company could get a good bump in their stock by displaying what essentially are two concept cars with infinitesimal revenue potential.  Expect Tesla to have a bond or stock offering out soon while everyone still has stars in their eyes from these new vehicles and before anyone can refocus on production and profitability issues.

 

Elon Musk, America's #1 Crony Capitalist

This is from a couple of years ago, so the numbers will only be larger:

Los Angeles entrepreneur Elon Musk has built a multibillion-dollar fortune running companies that make electric cars, sell solar panels and launch rockets into space.

And he's built those companies with the help of billions in government subsidies.

Tesla Motors Inc., SolarCity Corp. and Space Exploration Technologies Corp., known as SpaceX, together have benefited from an estimated $4.9 billion in government support, according to data compiled by The Times. The figure underscores a common theme running through his emerging empire: a public-private financing model underpinning long-shot start-ups.

"He definitely goes where there is government money," said Dan Dolev, an analyst at Jefferies Equity Research. "That's a great strategy, but the government will cut you off one day."

The figure compiled by The Times comprises a variety of government incentives, including grants, tax breaks, factory construction, discounted loans and environmental credits that Tesla can sell. It also includes tax credits and rebates to buyers of solar panels and electric cars.

Progressive Narrative Fail: Why Are Low Income Workers and the Unemployed Running from High Minimum Wage States to Low Minimum Wage States?

I think many folks are aware of how certain wealthy neighborhoods use zoning to keep out the lower-income people they don't want around  (e.g. minimum lot sizes, minimum home sizes, petty harassment over home and lawn maintenance, etc.)  If you think of California as one big rich neighborhood, many of their labor and housing laws have this same effect of keeping lower income people out.

From the Sacramento Bee

Every year from 2000 through 2015, more people left California than moved in from other states. This migration was not spread evenly across all income groups, a Sacramento Bee review of U.S. Census Bureau data found. The people leaving tend to be relatively poor, and many lack college degrees. Move higher up the income spectrum, and slightly more people are coming than going.

About 2.5 million people living close to the official poverty line left California for other states from 2005 through 2015, while 1.7 million people at that income level moved in from other states – for a net loss of 800,000.

...
The leading destination for those leaving California is Texas, with about 293,000 economically disadvantaged residents leaving and about 137,000 coming for a net loss of 156,000 from 2005 through 2015. Next up are states surrounding California; in order, Arizona, Nevada and Oregon.

Wow, I am totally lost.  The minimum wage currently in California is $10.50 an hour, going up to $15 over the next 5 years.  The minimum wage in Texas is the Federal minimum at $7.25.  If I understand it right from progressives, minimum wages are a windfall for workers that raise wages without any reduction in employment.  So why are the very people California claims it is trying to help leaving the state in droves?  For unenlightened Texas, of all places.

Of course the reason is that minimum wages do indeed have employment effects.If you think of California as one big rich neighborhood, minimum wages act as a zoning plan to keep the "unwashed" out.  Setting a minimum wage of $15 is equivalent to saying, "if your skills and education and experience are low enough that your labor is not yet worth $15 an hour or more, stay out."

Of course, there are a lot more problems for jobs in California than just minimum wages.  At every turn, California works to make operating a business difficult and hiring unskilled workers more expensive.  And then there is the cost side.  With its building restrictions and environmental rules, most California cities have artificially inflated housing costs, just another way to tell lower income  people to keep out.

Well-paid new arrivals in California enjoy a life that is far out of reach of much of the state’s population. Besides Hawaii and New York, California has the highest cost of living in America.

During the past three years in Sacramento, median rent for a one-bedroom apartment has risen from about $935 a month to $1,230 a month, according to real estate tracking firm Zillow.com. A single mother working 40 hours a week at $15 an hour would spend nearly half of her gross income to afford an apartment at that price. She would pay about 10 percent less for a one-bedroom rental in Houston or Dallas.

Sacramento remains relatively affordable compared to other California markets. Median rent for a one-bedroom apartment in Los Angeles is about $2,270 a month. In San Francisco, $3,700. Without subsidies, those prices are unreachable for a single parent making $15 an hour.

The key to attacking poverty is creating more jobs, not artificially raising the rates of entry-level jobs.

Your Public Unions at Work, in One Chart

fires

From Mark Perry

If you have ever been at, say, a kids sporting event and had an ambulance or paramedics called for one of the kids, you likely also had a fire truck accompany the ambulance or paramedics.  Did you wonder why they needed a firetruck with a 6 man crew to handle a broken leg in an open field?   Its because most public firefighters unions have gotten local laws passed that require a fire engine to always accompany the paramedics.  Why?  No reason other than they are trying to make firefighters look busy so no one starts to question why we have so many sitting around doing nothing.

Union leaders and fire department chiefs have found new ways to justify their growing budgets and payrolls. In a February 2001 report, the Wall Street Journal noted that 90 percent of firehouse calls in Los Angeles, Chicago and certain other cities were to accompany ambulances to medical emergencies. “Elsewhere, to keep their employees busy, fire departments have expanded into neighborhood beautification, gang intervention, substitute-teaching and other downtime pursuits,” the newspaper added.

Denying Human Fallibility -- Holding Police Accountable (Or Not)

Steve Chapman's article in Reason on police accountability is good throughout, but these stats are amazing:

Consider Cleveland. The ClevelandPlain Dealer reported that the police department looked into 4,427 uses of force by cops over four years and gave its blessing to each one. In Houston, every shooting over six years was found by the internal affairs department to be absolutely necessary. ...

The feds also assume that law enforcement officers are less fallible than the pope. From January 2010 to October 2013, the Los Angeles Times reported, Border Patrol agents shot 67 people, killing 19. Three of the agents are still being investigated. Of the remaining 64, 62 were absolved. The other two got a stern lecture.

It's all part of a national pattern. Bowling Green State University criminologist Philip Stinson has done extensive research on killings by cops. His conclusion? "It's very rare that an officer gets charged with a homicide offense resulting from their on-duty conduct even though people are killed on a fairly regular basis," he told The Wall Street Journal.

I have already given my cynical take on why this problem exists and why it is likely to persist.  Specifically, Conservatives fetishize the police and refuse to believe any shooting was unjustified and Liberals are suspicious of the police but refuse to challenge the powerful public employees unions that protect police from accountability.

Apparently, Los Angeles Has Banned Oil Production in the City

Most folks who talk about oil production know very little about it.  One reality of oil production, particularly for older fields like those around Los Angeles, is that oil wells have to be frequently reworked to maintain such production  (fracking, by the way, is one of those rework techniques and has been used for over 50 years).  By  banning well rework and re-injection of water (most fluid flowing from older wells is water), the city council has effectively banned oil production.

The linked article is a good reminder of a technique used by many environmental activists.  Despite portraying themselves as being driven by science, they actually often make progress by taking words and both obscuring their meaning and adding emotional baggage to them.  Such is the case with "fracking"

Because with its pun-friendly name, the term fracking has become an effective nonspecific rallying point for extreme activist groups aiming to scare the public about environmental harms that have yet to be demonstrated. Amid the cheering after the vote, some of the national activists behind the effort acknowledged the true goal behind measure. The term fracking, it seems, is actually intended to be a catch-all phrase to describe all aspects of oil and gas production, conventional and unconventional alike, according to Washington-based Food and Water Watch, one of the activist groups behind the measure. In an interview with online publication Streetsblog Los Angeles after the vote, FWW organizer Brenna Norton boldly stated as much when she acknowledged, “It’s easier to engage and organize people around ‘fracking’ than a complicated list of practices.”

A Milestone to Celebrate: I Have Closed All My Businesses in Ventura County, California

Normally, the closure of a business operation or division is not grounds for a celebration, but in this case I am going to make an exception.  At midnight on December 31, I not only drank a toast to the new year, but also to finally getting all my business operations out of Ventura County, California.

Never have I operated in a more difficult environment.  Ventura County combines a difficult government environment with a difficult employee base with a difficult customer base.

  • It took years in Ventura County to make even the simplest modifications to the campground we ran.  For example, it took 7 separate permits from the County (each requiring a substantial payment) just to remove a wooden deck that the County inspector had condemned.  In order to allow us to temporarily park a small concession trailer in the parking lot, we had to (among other steps) take a soil sample of the dirt under the asphalt of the parking lot.   It took 3 years to permit a simple 500 gallon fuel tank with CARB and the County equivilent.   The entire campground desperately needed a major renovation but the smallest change would have triggered millions of dollars of new facility requirements from the County that we simply could not afford.
  • In most states we pay a percent or two of wages for unemployment insurance.  In California we pay almost 7%.  Our summer seasonal employees often take the winter off, working only in the summer, but claim unemployment insurance anyway.  They are supposed to be looking for work, but they seldom are and California refuses to police the matter.  Several couples spend the whole winter in Mexico, collecting unemployment all the while.  So I have to pay a fortune to support these folks' winter vacations.
  • California is raising minimum wages over the next 2 years by $2.  Many of our prices are frozen by our landlord based on past agreements they have entered into, so we had no way to offset these extra costs.  At some point, Obamacare will stop waiving its employer mandate and we will owe $2000-$3000 extra additional for each employee.  There was simply no way to support these costs without expanding to increase our size, which is impossible (see above) due to County regulations.
  • A local attorney held regular evening meetings with my employees to brainstorm new ways the could sue our company under arcane California law.  For example, we went through three iterations of rules and procedures trying to comply with California break law and changing "safe" harbors supposedly provided by California court decisions.  We only successfully stopped the suits by implementing a fingerprint timekeeping system and making it an automatic termination offense to work through lunch.  This operation has about 25 employees vs. 400 for the rest of the company.  100% of our lawsuits from employees over our entire 10-year history came from this one site.  At first we thought it was a manager issue, so we kept sending in our best managers from around the country to run the place, but the suits just continued.
  • Ask anyone in the recreation business where their most difficult customers are, and they likely will name the Los Angeles area.  It is impossible to generalize of course, because there are great customers from any location, but LA seems to have more than its fair share of difficult, unruly, entitled customers.   LA residents are, for example, by far the worst litterers in the country, at least from our experience.  Draw a map of California with concentric circles around LA and the further out one gets, the lower the litter clean-up costs we have.  But what really killed it for me in Ventura County was the crazy irresponsible drinking and behavior.  Ventura County is the only location out of nearly 200 in the country where we had to hire full-time law enforcement help to provide security.  At most locations, we would get 1 arrest every month or two (at most).  In Ventura we could get 5-10 arrests a day.  In the end, I found myself running a location where I would never take my own family.

And so I got out.  Hallelujah.

PS-  People frequently talk about taxes in California being what makes the state "anti-business."  That may be, but I guess I never made enough money to have the taxes really bite.  But taxes are only a small part of the equation.

Update:  Wow, reading this again, I left out so much!  An employee once sued us at this location for harassment and intimidation by her manager -- when the manager was her sister!  It cost me over $20,000 in legal expenses to get the case dismissed.  I had an older couple file a state complaint for age discrimination when they were terminated -- despite the fact that our entire business model is to hire retired people and the vast majority of our employees are 70 and older.  And how could I have forgotten the process of getting a liquor license?  I suppose I left it out because while tedious (my wife and I had to fly to California to get fingerprinted, for example), it is not really worse than in other places -- liquor license processes are universally bad, a feature and not a bug for the established businesses one is trying to compete with.   We gave the license up pretty quickly, when we saw how crazy and irresponsible much of the customer base was.  Trying to make the place safer and more family friendly, we banned alcohol from the lake area, and faced a series of lawsuit threats over that.

 

Where Did the Last Batch Go?

Obama and the Left want a big new infrastructure spending bill, based on twin theories that it would be a) stimulative and b) a bargain, as needed infrastructure could be built more cheaply with construction industry over-capacity.

Since this is exactly the same theory of the stimulus four years ago, it seems a reasonable question to ask:  What happened to the damn money we spent last time?  We were sold a 3/4 of a trillion dollar stimulus on it being mostly infrastructure.  So where is it?  Show us pictures, success stories.  Show us how the cost of construction of these projects were so much lower than expected because of construction industry over-capacity.  Show us the projects selected, to demonstrate how well thought-out the investment prioritization was.  If their arguments today have merit, all these things must be demonstrable from the last infrastructure bill.  So where is the evidence?

Of course, absolutely no one who wants to sell stimulus 2 (or 3?) wants to go down the path of investigating how well stimulus 1 was spent.  Instead, here is the argument presented:

Much of the Republican opposition to infrastructure spending has been rooted in a conviction that all government spending is a boondoggle, taxing hard-working Americans to give benefits to a favored few, and exceeding any reasonable cost estimate in the process. That's always a risk with new spending on infrastructure: that instead of the Hoover Dam and the interstate highway system, you end up with the Bridge to Nowhere and the Big Dig.

In that sense, this is a great test of whether divided democracy can work, and whether Republicans can come to the table to govern. One can easily imagine a deal: Democrats get their new infrastructure spending, and Republicans insist on a structure that requires private sector lenders to be co-investors in any projects, deploying money based on its potential return rather than where the political winds are tilting.

This is bizarre for a number of reasons.  First, he implies the problem is that Republicans are not "coming to the table to govern"  In essence  then, it is up to those who criticize government incremental infrastructure spending (with a lot of good evidence for believing so) as wasteful to come up with a solution.  Huh?

Second, he talks about requiring private lenders to be co-investors in the project.  This is a Trojan horse.   Absurd projects like California High Speed Rail are sold based on the myth that private investors will step in along side the government.  When they don't, because the project is stupid, the government claims to be in too deep already and that it must complete it with all public funds.

Third, to the extent that the government can sweeten the deal sufficiently to make private investors happy, the danger of Cronyism looms large.  You get the government pouring money into windmills, for example, that benefits private investors with a sliver of equity and large manufacturers like GE, who practically have a hotline to the folks who run programs like this.

Fourth, almost all of these projects are sure to be local in impact - ie a bridge that helps New Orleans or a street paving project that aids Los Angeles.  So why are the Feds doing this at all?  If the prices are so cheap out there, and the need for these improvements so pressing, then surely it makes more sense to do them locally.  After all, the need for them, the cost they impose, and the condition of the local construction market are all more obvious locally than back in DC.  Further, the accountability for money spent at the Federal level is terrible.  There are probably countless projects I should be pissed off about having my tax money fund, but since I don't see them every day, I don't scream.  The most accountability exists for local money spent on local projects.

You Can't Use Voluntary Action to Try to Stop Government Coersion

Or so says California's Gavin Newsom, in a great Reuters quote found by Zero Hedge:

California Lieutenant Governor Gavin Newsom says he wants the U.S. Department of Justice to investigate "threats" against local communities considering using eminent domain to seize and restructure poorly performing mortgages to benefit cash-strapped homeowners.

Newsom sent a letter on Monday to U.S. Attorney General Eric Holder asking federal prosecutors to investigate any attempts by Wall Street investors and government agencies to "boycott" California communities that are considering such moves.

"I am most disturbed by threats leveled by the mortgage industry and some in the federal government who have coercively urged local governments to reject consideration" of eminent domain," he wrote in a letter, a copy of which was provided to Reuters.

Newsom, a Democrat who was previously mayor of San Francisco, warned the influential Securities Industry and Financial Markets Association in July to "cease making threats to the local officials of San Bernardino County" over the proposed plan to seize underwater mortgages from private investors.

Some towns in San Bernardino County, which is located east of Los Angeles, have set up a joint authority that is looking into the idea of using eminent domain to forcibly purchase distressed mortgages. Rather than evict homeowners through foreclosure, the public-private entity would offer residents new mortgages with reduced debts.

Newsom said in the letter on Monday that while he is not endorsing the use of eminent domain at this time, he wants communities in California to be able to "explore every option" for solving their mortgage burdens "without fear of illegal reprisal by the mortgage industry or federal government agencies."

This quote is so rich with irony that it is just delicious.   Certainly ceasing to do business in a community that threatens to steal all your property strikes me as a perfectly reasonable, sane response.   Calling such a response an actionable threat requiring Federal investigation just demonstrates how little respect California officials, in particular, have for private activity and individual rights.

The third paragraph might be worth an essay all by itself, classifying a voluntary private boycott as illegally coercive while treating use of eminent domain, intended for things like road building, to seize private mortgages as so sensible that it should be sheltered from any public criticism.

My Abusive Spouse Just Offered Me Flowers

I got a call today from the National Conference of Mayors.  They wanted to send somebody by to talk to me about just how committed these great folks were to small business success.

The call began poorly, as their representative tried to use a tactic I mostly only get from penny-stock boiler rooms - pretending that she and I had talked some time in the past and that I had committed to meeting with her.  I suppose this tactic might have worked with a frazzled exec, but it is one sure fire way to immediately get me pissed off in a phone call.  After telling her that she and I had no such call and that I did not appreciate the cheap telemarketing tactic, I said that I had absolutely no desire to help the mayors put some fake pro-business patina on their activities that are generally hostile to commerce and free markets.   I told them that I did not want a subsidy, handout, any special access, training programs, etc., I just wanted to be left alone.  I was not going to participate in some program where I get my picture taken shaking some politicians right hand while he is whacking me with a stick with his left.  The representative, to her credit before she hung up, admitted she gets this reaction a lot.

One only has to look at their "plan" (pdf)  to see what their vision entails for "helping" small business.  Here is a summary of the planks:

  1. More Federal spending on local infrastructure
  2. More Federal unemployment spending and lower Federal payroll taxes
  3. Create new Federal subsidy and loan programs and job training programs for businesses in favored, sexy-sounding industries (e.g. "manufacturing" or "high-tech").  I presume someone starting a restaurant or hair salon or without any political clout need not apply.  To their credit they also advocate free trade agreements and visa reform, though they then lose that credit by also advocating failed ideas like "trade adjustment assistance" and "metropolitan export plans"
  4. More Federal spending in urban areas (police, job training, affordable housing, community development).

As will not be surprising, absolutely nothing in the Mayor's plans dealt with actual issues under their control, such as business, occupational, and occupancy licencing reform.   Also not surprisingly, the mayors call for hundreds of billions of dollars in new Federal spending narrowly aimed at urban areas without once explaining why these can't or shouldn't be funded locally.  If Los Angeles wants more money for its police, or trains, or schools, and if that spending has real demonstrable value to the city, then why can't they sell the new taxes and spending to their own citizens?  Why do they need the money from the Feds (ie from the rest of us)?

But you can just see the corporate state a work.  A few companies will cynically climb on board, knowing this is all BS, but also knowing that they will get a nice subsidy or sweetheart project in exchange for letting the majors check their "pro-business" box  (pro-business used here as distinct from pro-market).

 

Using the the Criminal Activity that Results from Prohibition to Justify Prohibition

Apparently, Los Angeles has tough anti-ticket scalping laws.  This means that one is able to resell virtually any item one owns but no longer has a use for except tickets.  In this case, government officials yet again don't like someone who places little value on an item selling it to someone who places more value on that item (a concept that is otherwise the basis for our entire economy).  We can see the effect of such laws in London, where stadiums full of empty seats are juxtaposed against thousands who want to attend but can't get tickets, all because for some reason we have decided we don't like the secondary market for tickets.

A great example is embedded in this line in today's LA Times about crackdowns on scalping:

Jose Eskenazi, an associate athletic director at USC, said the university distributed football and basketball tickets free to several children's community groups but that scalpers obtained those tickets and sold them "at enormous profits."

I like the coy use of "obtained" in this sentence.  Absent a more direct accusation, I have to assume that this means that scalpers bought the tickets from the community groups.  Which likely means that strapped for cash to maintain their operations, these groups valued cash from the tickets more that the ability to send kids to a USC football game  (in fact, taking them to a USC football game would involve extra costs to the community group of transportation, security, and feeding the kids at inflated stadium prices).  It was probably entirely rational for the community groups to sell the tickets -- this is in fact a positive story.  Selling the tickets likely got them out of an expensive obligation they could not afford and generated resources for the agency.  Sure, USC was deprived of the PR boost, but if they really want the kids to come to the game, they can do it a different way (e.g. by organizing the entire trip).  This is not a reason for curtailing my right to sell my tickets for a profit.

Anyway, I have ranted about this before.  Sports team owners and music promoters have out-sized political influence (particularly in LA) and have enlisted governments to clamp down on the secondary markets for their products.

What I thought was new and interesting in this LA Times story was the evolving justification for banning ticket scalpers.  Those who have followed the war on drugs or prostitution will recognize the argument immediately:

Lee Zeidman, general manager of Staples Center/Nokia Theatre and L.A. Live, said in a separate declaration that scalpers "frequently adopt aggressive and oftentimes intimidating tactics.... To the extent that ticket scalpers are allowed to create an environment that makes guests of ours feel uncomfortable, harassed or threatened, that jeopardizes our ability to attract those guests to our property."

In court papers, prosecutors accuse scalpers of endangering citizens, creating traffic hazards and diverting scarce police resources.

"Defendants personally act as magnets for theft, robbery, and crimes of violence," the filing states. "Areas with high levels of illegal ticket sales have disproportionately high levels of theft, robbery, crimes of violence and narcotics sales and use."

Wow, you mean that if we criminalize a routine type of transaction, then criminals will tend to dominate those who engage in this transaction?  Who would have thought?  If this were true, we might expect activities that normally are run by normal, honest participants -- say, for example, alcohol distribution -- to be replaced with gangs and violent criminals if the activity is prohibited.

It's amazing to me that people can still use the the criminal activity that results from prohibition to justify prohibition.

Update:  John Stossel has an article on the London ticket scalping ban

When the Media Loses Its Skepticism - High Speed Rail Edition

I have said for a long time that I don't really think there is a lot of outright media bias in the sense of conspiring to bury or promote certain memes.   But there are real issues with the leftish monoculture of the media losing its skepticism on certain topics.

For example, high speed rail is one of those things we are just supposed to do, from the Leftish view.  Harry Reid's justification for a high speed rail line is typical:  he wants to see  "America catch up with the rest of the world".  Everyone else has these things, so it must be some failing of ours that we don't.  For the left, the benefits of high speed rail are a given, they are part of the liturgy and not to be questioned.  Which means that it is up to outsiders to do the media's work of applying some degree of skepticism whenever a high speed rail project is proposed.

Thus we get to this article on high speed rail about a supposedly "private" rail line from LA to Las Vegas.  As is usual in the media, none of the assumptions are questioned.

Greg Pollowitz gets at some of the more obvious problems.  First, it is fairly heroic spin to call a line that currently is getting $4.9 billion in public subsidies "privately funded."  Second, he points out that, like the proposed California high speed rail line, this is a train to nowhere as well

And second of all, having grown up in Los Angeles — and having lied to my parents to drive to Vegas since the time I was 16 years old — I consider myself somewhat of an expert on the Los Angeles to Vegas drive. (CNN, Fox, MSDNC — call me!) I remember Victorville fondly as the place where we’d make our food-stop and pick up some In-N-Out burgers for the final half of the journey. And I can tell you this: There is no way anybody would ever drive through L.A.’s notorious traffic only to stop halfway and hop on a train on the other side of the El Cajon Pass and in doing so give up their personal transportation once they actually get to Vegas.

I want to reality-check their usage numbers.

DesertXpress estimates that it will carry around five million round trip passengers in the first full year of operation,with the company charging fares of around $50 for a one-way trip.

OK, right now there are about 3.7 annual air passengers between Las Vegas and the southern California airports, according to rail supporters.  It is hard to get at drivers, but the Las Vegas tourism folks believe that 25% of 36 million annual visitors to Vegas come from Southern California, so that would mean about 9 million total or about 5 million driving.

What this means is that to make this work, they are counting on more than half of all visitors from Southern California (and remember this includes San Diego) taking the train.  Is this reasonable?

  • The train is supposedly $50 (I will believe that when I see it).  Currently JetBlue flies from Burbank to Las Vegas for $56 in a flight that takes 69 minutes (vs. 84 for the train and remember that is from Victorville).   The standard rate from LAX, Burbank, or Long Beach seems to be around $74-77.
  • Airplanes leave for Las Vegas from airports all around LA and in San Diego.  Let's take a couple of locations.  Say you live near downtown LA, not because that is likely but it is relatively central and does not feel like cherry picking.  Victorville is a 84 mile 90 minute drive AT BEST, with no traffic.  The Burbank airport is a 15 mile, 18 minute drive from LA.  LAX is just a bit further.  Victorville is 82 miles and 90 minutes from Irvine and 146 miles/144 minutes from San Diego.  Both of these Southern California towns are just a few minutes from an airport with $70-ish flights to Vegas

So are drivers going to stop half way to Vegas, once they have completed the hard part of the drive, to get on a train?  Are flyers going to drive 1-2 hours further to get to the rail terminal to say $20?  Some will.  But will more than half?  No way.

Postscript:  If you really want to promote the train, forget shoveling tax money at it and pass a law that the TSA may not set up screening operations at its terminus.  That might get a few customers, though the odds this would happen, or that it would stick over time, are minuscule.

Cloudy with 100% Chance of Corporate State

It does not appear that Rick Perry is the guy to dismantle our growing corporate state.

The LA Times investigates the big-money culture of Texas politics, which has gotten even bigger and money-er since Rick Perry became governor:

Perry has received a total of $37 million over the last decade from just 150 individuals and couples, who are likely to form the backbone of his new effort to win the Republican presidential nomination....Nearly half of those mega-donors received hefty business contracts, tax breaks or appointments under Perry, according to a Los Angeles Times analysis.

Perry, campaigning Monday at the Iowa State Fair in Des Moines, declined to comment when asked how he separated the interests of his donors from the needs of his state. His aides vigorously dispute that his contributors received any perks. "They get the same thing that all Texans get," said spokesman Mark Miner.

Nearly half! And this doesn't even include anything about David Nance and the largesse Perry distributes via his $200 million state-managed venture capital slush fund. Doling out political favors in industrial quantities is obviously something that isn't frowned upon by Texas political culture, and Perry has taken it to whole new levels.

Kudos to the LA Times and folks like Kevin Drum for digging this up, but everyone involved should be embarrassed by just how partisan outrage on this kind of thing can be.  The same folks who are rightly upset at Perry actively cheered on Obama as he took ownership of GM away from the secured creditors and handed it to his major campaign supporters in the UAW.  His stimulus program has been a trillion dollar slush fund to pay off nearly every liberal constituency, and while I find the idea of a state-run venture capital fund horrifying, I see no difference here with Obama's green job investments, many of which have gone triends, campaign supporters, and even spouses of prominent administration officials.

As I asked the other day, if the President is really supposed to be our VC in chief (an absurd thought) who in the hell would pick Obama for the job?  As one random example out of my feed reader:

Last year, Seattle Mayor Mike McGinn announced the city had won a coveted $20 million federal grant to invest in weatherization. The unglamorous work of insulating crawl spaces and attics had emerged as a silver bullet in a bleak economy – able to create jobs and shrink carbon footprint – and the announcement came with great fanfare.

McGinn had joined Vice President Joe Biden in the White House to make it. It came on the eve of Earth Day. It had heady goals: creating 2,000 living-wage jobs in Seattle and retrofitting 2,000 homes in poorer neighborhoods.

But more than a year later, Seattle's numbers are lackluster. As of last week, only three homes had been retrofitted and just 14 new jobs have emerged from the program. Many of the jobs are administrative, and not the entry-level pathways once dreamed of for low-income workers. Some people wonder if the original goals are now achievable.

"The jobs haven't surfaced yet," said Michael Woo, director of Got Green, a Seattle community organizing group focused on the environment and social justice.

"It's been a very slow and tedious process. It's almost painful, the number of meetings people have gone to. Those are the people who got jobs. There's been no real investment for the broader public."

At the same time, heavily subsidized Evergreen Solar is going bankrupt.

Bloomberg News reports that the firm Evergreen Solar will file for bankruptcy and close its operation in Midland, Mich. The maker of solar cells cites over-capacity in the industry, competition from China and fewer government subsidies as contributing factors. According to Bloomberg, the firm has 133 employees worldwide.

Given a Michigan location and participation in a politically faddish industry, readers won't be surprised that Evergreen was the beneficiary of special state subsidies and a local tax break. Specifically, three years ago Evergreen Solar was offered a $1.8 million "refundable" tax credit by the Michigan Economic Growth Authority. For firms with little or no tax liability, this amounts to an outright cash subsidy, contingent on attaining certain employment and investment milestones. Evergreen Solar's specific tax liability is not public information.

The deal was based on crystal-ball projections from the Michigan Economic Development Corporation using a software program known as REMI, which predicted that an Evergreen deal would create exactly 596 direct and "spin-off" jobs by 2018, producing $18.5 million in new state tax revenue.

The city of Midland also granted property tax abatements worth $3.9 million over 12 years, according to Mlive.com. It's not known how much, if any, of these subsidies and tax breaks were ever collected by the company.

This actually understates the total subsidies, as it ignores subsidies to its customers, incoluding above market geed-in tariffs, to buy the solar panels.

Closer to home, a Tucson solar panel manufacturer that was opened to great fanfare with the help of Janet Napolitano and Gabby Giffords just closed after being open barely 2 years.  They scored some subsidies, got some large government and utility contracts on the promise of local employment, and then packed up shop for China.  Apparently they were attempting to compete in the commodity solar panel market on a strategy of having a higher fit and finish on their product, a product that sits on the roof and no one ever looks at.  Good plan.

PS-  Yes, private investments fail all the time, but they are 1) not using my money, unless I voluntarily offer it and 2) there are real consequences for those who make bad investments

Licensing to Restrict Competition

The WSJ has yet more examples of crazy job licensing, example:  (ht Alex Tabarrok)

But economists—and workers shut out of fields by educational requirements or difficult exams—say licensing mostly serves as a form of protectionism, allowing veterans of the trade to box out competitors who might undercut them on price or offer new services.

"Occupations prefer to be licensed because they can restrict competition and obtain higher wages," said Morris Kleiner, a labor professor at the University of Minnesota. "If you go to any statehouse, you'll see a line of occupations out the door wanting to be licensed."...

Texas, for instance, requires hair-salon "shampoo specialists" to take 150 hours of classes, 100 of them on the "theory and practice" of shampooing, before they can sit for a licensing exam. That consists of a written test and a 45-minute demonstration of skills such as draping the client with a clean cape and evenly distributing conditioner. Glass installers, or glaziers, in Connecticut—the only state that requires such workers to be licensed—take two exams, at $52 apiece, pay $300 in initial fees and $150 annually thereafter.

California requires barbers to study full-time for nearly a year, a curriculum that costs $12,000 at Arthur Borner's Barber College in Los Angeles. Mr. Borner says his graduates earn more than enough to recoup their tuition, though he questions the need for such a lengthy program. "Barbering is not rocket science," he said. "I don't think it takes 1,500 hours to learn. But that's what the state says."

Many, many other examples -- it takes 750 hours of training to be a manicurist in Alabama.  Somehow my daughter learned to paint her own nails during the course of a single sleepover.

The Health Care Trojan Horse: Property Rights Edition

For years I have warned that government-funded health care will be used as a Trojan horse for a nearly infinite body of legislation under the pretext that X [where X = nearly every activity or individual choice] has implications for health care costs.  Here is the latest chapter of this ongoing saga:

New stand-alone fast food restaurants have been banned from setting up shop in South Los Angeles, due to rising health concerns by the city council.

This story also mixes in a good portion of corporate statism as well, as it represents pretty transparent protectionism of current competitors against new entrants:

Perry's new plan bans new so-called "stand alone" fast food restaurants opening within half a mile of existing restaurants.

So McDonald's, who is likely firmly entrenched in the area, is unaffected, but potential new entrants challenging McDonald's are out.

For even further points, one can see another powerful constituency at work.  I suppose commercial real estate developers complained about potential loss of tenants, so this was added:

Such stand-alone establishments are on their own property, but those same restaurants are OK if they're a part of a strip mall, according to the new rules.

Obviously the same food is much more nutritious if served in a leased building rather than on a piece of land the restaurant owns itself.

Read the whole thing, its a great example with a lot of fact-free pronouncements by politicians about market failures.  via Matt Welch

How You Gonna Keep them Down on the Farm?

A reader sent me this interesting story about immigration within Cuba:

"I was caught because I was an illegal," explained a bicycle taxi driver as he gripped the rusted blue handle-bars of his vehicle in Havana's Central Park. "And because I'd been here several times before, I was deported back."

But the driver working his trade in the capital city did not arrive in Cuba from another country. Instead he is among the thousands who have come from rural provinces in search of work and a place to live - but who have been deported back because of "Decree 217."

The 1997 law restricts rural migration to Havana, making this taxi driver an illegal resident in his own capital city.

"If you're illegal you can't be here in Havana," said the driver, originally from Cuba's eastern Holguin province. "You don't have an address here in Havana."...

Economic conditions were generally worse at the eastern end of the island, according to Cuba analyst Edward Gonzalez, a professor emeritus at the University of California Los Angeles.

"[The eastern region] has always been the less affluent, impoverished part of the island," he said, "heavily dependent upon agriculture, less on tourism, and also happens to be more black and mulatto."

The effort to keep migrants out and prevent overcrowding in Havana may have resulted in police discrimination against darker-skinned Cubans presumed more likely to be illegal, Gonzalez said.

It's Just Going to Get Worse

California high-speed rail advocates are already backpedalling on the numbers, and from experience with other such projects, it will only get worse.

In the face of the state's perpetual budget crisis, some Californians are beginning to regret their votes in favor of the $9.9 billion high-speed rail bond last year. Even though proponents of the train have now admitted the bond was only a down payment on the actual cost to build the system, the numbers that were projected are changing"”and all in the wrong direction.

The business plan released by the train's advocates last month show the dramatic differences in what the voters were told and what reality is. For example, the price of a ticket from San Francisco to Los Angeles is now projected at $105, up from the previous $55 estimate.  That new number changed the ridership predictions: now 41 million annual riders by 2035, down from last year's prediction of 55 million passengers by 2030. The cost for building the train system has also grown.  The proponents had been thinking $33.6 billion (2008 dollars) but have revised upward to $42.6 billion.  Recently, the Obama administration announced $2.25 billion in funding for the project. Proponents said federal money would be used to close the gap between the voter-approved bond and the ultimate cost, but
this is a drop in the bucket and still will not work.

Do not expect a true LA to SF high speed rail line for less than $75 billion and the ridership numbers are still absurd, as discussed here.  By the way, Southwest's advanced fair from LAX to SFO is $114 right now.  If you are willing to go Burbank to Oakland, the fair is $90.

Great Article on Transit Decision-Making

Via a reader, the article is about Madison, Wisconsin, but it could be about anywhere.  The author highlights at least three issues with the plans:

  • Unelected tax authority

Dane County, for instance, plans to fund its transit authority with a half-percent sales tax. Members of the RTA board were told by the officials who appointed them to put the tax to voters in a referendum, likely next fall.And if the voters say no? In theory, said County Board member Al Matano, a key RTA backer, it means no funding. But "it's not on our list of things to worry about," he told me.

Why should it be? The legal fact is the tax needs no referendum. Gov. Jim Doyle vetoed that part of the transit authority law. Struck it right out. The decision is solely up to an unelected RTA board.

"Quite honestly, they don't need (a referendum), legally," said Dave Ripp, a County Board member who doesn't favor the RTA. "And if it fails, they don't have to follow it."

  • Obsession with trains over more affordable solutions

Quite a few wonder why Madison, with 480,000 people and short distances, needs the expense of trains. Buses are much cheaper. They can go more places, and you can afford to run them more frequently. "We actually support buses," said Richardson. "They're very flexible."

"The main thing that worries me, and I'm not the only one," said Susan De Vos, head of the Madison Area Bus Advocates, a riders' group, "is that people put in rail at the expense of the existing transit system, and that's the bus." That's how things worked elsewhere, such as in Los Angeles, said De Vos. When train plans inevitably outstrip revenue, the money comes from cutting back the unsexy part of the system. She favors a series of limited-stop express "bus rapid transit" lines for a fraction of rail's cost.

  • The real focus is on rigid government control of development (ie the Portland model)

"Their agenda really isn't about transportation," as Dane County Towns Association President Jerry Derr put it to a reporter. "It's about land use. They want to build a rail system so they have a reason to force all new development to within a half-mile of the rail corridor." Surely he exaggerates? No. The commuter rail plan's founding document lays out the rationale thus: "Goal 1: Promote Efficient Land Use/Develo

Sounds like a another great town (Madison is really a great place from my experience) is about to be screwed up, just like Portland has.

Totalitarians Catching Up to the Internet

Via the WSJ:

His first impulse was to dismiss the ominous email as a prank, says a young Iranian-American named Koosha. It warned the 29-year-old engineering student that his relatives in Tehran would be harmed if he didn't stop criticizing Iran on Facebook.

Two days later, his mom called. Security agents had arrested his father in his home in Tehran and threatened him by saying his son could no longer safely return to Iran.

"When they arrested my father, I realized the email was no joke," said Koosha, who asked that his full name not be used....

In recent months, Iran has been conducting a campaign of harassing and intimidating members of its diaspora world-wide -- not just prominent dissidents -- who criticize the regime, according to former Iranian lawmakers and former members of Iran's elite security force, the Revolutionary Guard, with knowledge of the program.

Part of the effort involves tracking the Facebook, Twitter and YouTube activity of Iranians around the world, and identifying them at opposition protests abroad, these people say.

Interviews with roughly 90 ordinary Iranians abroad -- college students, housewives, doctors, lawyers, businesspeople -- in New York, London, Dubai, Sweden, Los Angeles and other places indicate that people who criticize Iran's regime online or in public demonstrations are facing threats intended to silence them.

Although it wasn't possible to independently verify their claims, interviewees provided consistently similar descriptions of harassment techniques world-wide. Most asked that their full names not be published.

Is That A Gun, Or Are Your Just Happy To See Me?

I say a sign the other day at the airport that full-body millimeter-wave imaging was coming soon to the Phoenix airport.  I guess this was pretty inevitable, and has certainly been predicted in many movies, including Total Recall:
Totalrecallxrayscene

I can't really decide if this is any more invasive and humiliating than what we already do, ie get undressed, put our medications and creams in clear plastic bags for all to inspect, and subject ourselves to full-body pat downs.  For my part, based on this and numerous other humiliations, I am working as hard as I can to minimize how often I fly.  JD Tuccille has more, and observes that body cavity searches aren't just for airplanes any more:

If you think that air travel is starting to resemble a very-expensive
East Germany-nostalgia tour and you'd prefer a less-intrusive
alternative, you might consider traveling by train. Well, except, not
on Amtrak, which implemented random bag searches, armed guards and bomb-sniffing dogs earlier this year.

Even local travel is iffy, since New York City has been subjecting subway passengers to annoying searches for the past three years. Los Angeles's MetroLink implemented a similar policy this week, apparently just so officials there wouldn't feel left out. Metrolink spokeswoman Denise Tyrrell told the Los Angeles Times

As a postscript, I had a meeting the other day with the National Park Service in Denver.  To get inside - remember this is the park service, no other agency shares this building - I had to give up my driver's license, have all my bags searched, and go through an X-ray machine.  Does anyone think that maybe we have lost some perspective when I have to go through full-on invasive security to discuss merchandising at a gift shop?

The Newest Threat to the Republic

There are two America's:  The one that is trying to steal my freedom from the top down (wiretaps, proscutorial abuse, expanding executive power) and the one that is trying to steel freedom from the bottom up.  Reason, as quote by TJIC, has a nice piece on one of the bottom-up fascists:

Amid the hustle and bustle of downtown Los Angeles, there exists
another world, an underground world of illicit trade in - not drugs or
sex - but bacon-wrapped hot dogs. Street vendors may sell you an
illegal bacon dog, but hardly anyone will talk about it, for fear of
being hassled, shut down or worse. Our camera caught it on tape. One
minute bacon dogs are sold in plain view, the next minute cops have
confiscated carts, and ordered the dogs dumped into the trash.

Elizabeth Palacios is one of the few vendors willing to speak
publicly. "Doing bacon is illegal," she explains. Problem is customers
love bacon, and Palacios says she loses business if she doesn't give
them the bacon they demand. "Bacon is a potentially hazardous food,"
says Terrence Powell of the LA County Health Department. Continue
selling bacon dogs without county-approved equipment and you risk fines
and jail time.

Palacios knows all about that. She spent 45 days in the slammer for selling bacon dogs,
and with the lost time from work, fines, and attorney's fees, she fears
she might lose the house that bacon dogs helped buy. She must provide
for her family, but remains trapped between government regulations and
consumer demand. Customers don't care about safety codes, says
Palacios. "They just want the bacon."

TJIC, as he often does, captures a number of the best comments.  The full reason video is below:

Licensed to Parent

I guess it was inevitable, but a court in California has determined that the most basic function of parenting, ie educating your children, requires a license from the state.  If you don't have such a license, you have to turn your kids over to the state to educate them for you (via Overlawyered)

Parents who lack teaching credentials cannot educate their children at
home, according to a state appellate court ruling that is sending waves
of fear through California's home schooling families....

"Parents do not have a constitutional right to home school their
children," wrote Justice H. Walter Croskey in a Feb. 28 opinion signed
by the two other members of the district court. "Parents who fail to
[comply with school enrollment laws] may be subject to a criminal
complaint against them, found guilty of an infraction, and subject to
imposition of fines or an order to complete a parent education and
counseling program."

Whoa!  No Constitutional right to educate our kids how we see fit?  With an imminent government takeover of our kids' eating habits as well, that will leave exactly what parental duties to parents? 

Of course we are just concerned about the well-being of the children.  Of course it has nothing to do with unionized teachers protecting their turf.  Or not:

Teachers union officials will also be closely monitoring the appeal.
A.J. Duffy, president of United Teachers Los Angeles, said he agrees
with the ruling.

"What's best for a child is to be taught by a credentialed teacher," he said.

Update:  It is being argued that this is actually more narrow than it first appears.  The current debate seems to come down to whether the judge is an idiot and the decision is overly broad or whether the judge is an idiot and the decision is narrow.

Useful Advice from John Scalzi

Another fake memoir has been revealed:

In "Love and Consequences," a critically acclaimed memoir published
last week, Margaret B. Jones wrote about her life as a half-white,
half-Native American girl growing up in South-Central Los Angeles as a
foster child among gang-bangers, running drugs for the Bloods.

The problem is that none of it is true.

Margaret B. Jones is a
pseudonym for Margaret Seltzer, who is all white and grew up in the
well-to-do Sherman Oaks section of Los Angeles, in the San Fernando
Valley, with her biological family. She graduated from the Campbell
Hall School, a private Episcopal day school in the North Hollywood
neighborhood. She has never lived with a foster family, nor did she run
drugs for any gang members.

John Scalzi offers advice:

You know, the rules of a memoir are pretty simple. If an event actually happened to you, you can use it in a memoir. If it didn't actually happen to you, you can't. Because then it's fiction, you see. Which is different from a memoir. No, really; you can look it up. I'm not sure why this has suddenly become so difficult for everyone to process.

I must say that this actually sounds like a good book -- he should go for it:

On the other hand, I'm looking forward to selling my memoir of my
life as a teenage transvestite in the Bogota slums, who later joined
the Navy SEALs and adopted the twin daughters of the ruthless Afghan
opium warlord whom I battled to the death using only a spoon
and 14 bars of the 1812 Overture, and then, having beaten back a
terrible addiction to khat, went on to become one of the most famous
celebrity chefs on The Cooking Channel. Because apparently this would
be at least as true as most of the other memoirs on the market today.
And, I'd wager, a great deal more entertaining. I'm waiting for my
check, I am.