Coyote Blog

From Jon Gabriel:

Trader Joe’s wanted to build a new store in Portland, Oregon. Instead of heading to a tony neighborhood downtown or towards the suburbs, the popular West Coast grocer chose a struggling area of Northeast Portland.

The company selected two acres along Martin Luther King Blvd. that had been vacant for decades. It seemed like the perfect place to create jobs, improve customer options and beautify the neighborhood. City officials, the business community, and residents all seemed thrilled with the plan. Then some community organizers caught wind of it.

The fact that most members of the Portland African-American Leadership Forum didn’t live in the neighborhood was beside the point. “This is a people’s movement for African-Americans and other communities, for self-determination,” member Avel Gordly said in a press conference. Even the NAACP piled on, railing against the project as a “case study in gentrification.” (The area is about 25 percent African-American.)

After a few months of racially tinged accusations and angry demands, Trader Joe’s decided it wasn’t worth the hassle. “We run neighborhood stores and our approach is simple,” a corporate statement said. “If a neighborhood does not want a Trader Joe's, we understand, and we won't open the store in question.”

Hours after Trader Joe’s pulled out, PAALF leaders arrived at a previously scheduled press conference trying to process what just happened. The group re-issued demands that the now-cancelled development include affordable housing, mandated jobs based on race, and a small-business slush fund. Instead, the only demand being met is two fallow acres and a lot of anger from the people who actually live nearby.

As much fun as it is to mock the US Postal Service, their inability to restructure their costs is not all their fault. Every time they try to close a facility, they get met by opposition from about everywhere.  Here is an example where Berkely, CA is doing all it can to prevent the USPS from selling a post office building.

The Postal Service over the summer began moving ahead with a plan to sell its 1914 Beaux-Arts post office in the heart of Berkeley near the old city hall and a park named after Martin Luther King Jr. The move drew howls from residents worried that the building would turn into condominiums or office space, even drawing dissidents to camp out for days by the columned building entrance.

Now, opponents are gaining traction with an unorthodox zoning restriction: that the mustard-colored building must remain open to the public

The Berkeley Planning Commission last month approved a measure that would restrict the use of the post office and adjacent government buildings to government agencies or public uses like a theater. Residential use and many other private functions would be banned by the action, which requires City Council approval.

This is simply bizarre.  What, do residents have so many fond memories of their time spent in the line at the post office that they want these golden memories preserved?    The assumptions made by local opponents are just bizarre -- they seem OK if the building is used for offices of the Social Security Administration but not if it is used for private offices.  Why would anyone possibly care.   From my experience, private urban office buildings tend to be cleaner and better maintained than government offices.

On the day of Obama's inauguration,  I wr0te:

I will be suitably thrilled if the Obama administration renounces some of the creeping executive power grabs of the last 16 years, but he has been oddly silent about this.  It seems that creeping executive power is a lot more worrisome when someone else is in power.

I want to highlight two recent stories.  First, via Popehat:

The White House is considering endorsing a law that would allow the indefinite detention of some alleged terrorists without trial as part of efforts to break a logjam with Congress over President Barack Obama's plans to close the Guantanamo Bay prison, Sen. Lindsey Graham (R-S.C.) said Monday.

Last summer, White House officials said they had ruled out seeking a "preventive detention" statute as a way to deal with anti-terror detainees, saying the administration would hold any Guantanamo prisoners brought to the U.S. in criminal courts or under the general "law of war" principles permitting detention of enemy combatants.

However, speaking at a news conference in Greenville, S.C., Monday, Graham said the White House now seems open to a new law to lay out the standards for open-ended imprisonment of those alleged to be members of or fighters for Al Qaeda or the Taliban.

That is a really, really bad idea.  What would J Edgar Hoover had done with such a law?  Would Martin Luther King have been declared a terrorist.  And speaking of King, who the FBI kept under illegally deep surveillance for years, we have a second related story via Disloyal Opposition:

Last Friday, federal attorneys told the U.S. Third Circuit Court of Appeals that government officials should be able to track the location of Americans by following their cell phone transmissions -- without having to get a warrant. While the FBI and state and local officials have already obtained logs from mobile phone companies that reveal the locations of customers' telephones, the practice has never formally been endorsed by the courts. The latest federal arguments -- and rebuttals by civil liberties organizations -- give the courts the opportunity to either support or repudiate federal claims that Americans have no "reasonable expectation of privacy" so long as they carry cell phones.

Yes, I blame Bush for getting the ball rolling on both these fronts, but wtf did we elect Obama for?  Many libertarians held their nose at his interventionist economics in order to try to thwart what they saw as a scary trajectory for executive power and civil liberties.  If we had wanted populist economic machinations combined with limitations on individual liberties, we could have voted for Pat Buchanon.

Conor Friedersdorf at Andrew Sullivan's blog has a number of comments from Arizona readers about why, despite all his nuttiness and outright hostility to civil rights, Joe Arpaio just keeps on getting elected here in Phoenix.

One sample:

...Arpaio is media-savvy, and picks his enemies well.  By this I don't mean his foes in county government or in the media, I mean the groups on whom he concentrates the resources of his office.  Last night, as every year about this time, all of the TV stations showed footage from this year's deadbeat dad roundup, along with the smirking Sheriff talking about how terrible it was that kids were going to have a lousy Xmas because these deadbeat dads hadn't been paying child support.  He also goes after animal cruelty cases with a vengeance.  I think he has a finely-tuned sense of which "others' are particularly viewed with scorn by his target supporters, and goes after them with a vengeance.  There is no doubt that many Maricopa county residents feel safer as a result of his policies, but also equally that his policies are never designed to impact negatively those supporters who see themselves as law-abiding (and hence won't ever be in jail), are white (and hence will never be racially profiled), and don't fit into any of the other classes that he has singled out for opprobrium.

On a side topic, one commenter does take this out of context:

But let's not forget we're in a state that effectively voted by referendum NOT to honor Martin Luther King Jr. Day in the 90's

The issue as I remember it was not of honoring Martin Luther King Jr. but of adding another paid holiday for state workers.  As I recall, Republicans readily agreed to a state holiday for MLK as long as government workers gave up one somewhere else on the calendar, so it wasn't about MLK per se but about whether government employees should be allowed an extra paid day off.

One of the problems I have making common cause with many of the civil rights critics of the Bush administration is that they tend to hurt legitimate civil rights by exaggerating their claims into the ridiculous. 

A good example is detentions at Gitmo.  I believe strongly that the Bush administration's invented concept of unlimited-length detentions without trial or judicial review is obscene and needed to be halted.  But critics of Bush quickly shifted the focus to "torture" at Gitmo, a charge that in light of the facts appears ridiculous to most rational people, including me.  As a result, the administration's desire to hold people indefinitely without due process has been aided by Bush's critics, who have shifted the focus to a subject that is much more easily defended on the facts.

Interestingly, as I watch the Beeb this morning, Britain is having a similar debate.  Its hard to figure the whole thing out from the TV coverage and sound bites, but apparently Britain has the ability to detain suspected terrorists for 90 days, and wants the power to extend this.

Many people have told me that I am an insanely naive Pollyanna for not accepting the need for indefinite detention without trial of suspected terrorists.   I have explained in the past that we don't have the right to do this with our own citizens, but we also don't have the right to do this with any other human being (the short explanation:  The individual rights we hold dear are our rights as human beings, NOT as citizens.  They flow from our very existence, not from our government and not from the fact of our citizenship.   In some ways, the government probably has less right to abuse non-citizens, not more).

Here is a test:  If the government had always had this power, ie to detain indefinitely people it thought somehow "dangerous" to "someone"  (with the government getting to define both these terms), how abused would it have been in the past.  My answer is "very much".  Who would J. Edgar Hoover have detained?  Would Martin Luther King have spent his life in jail, much like Nelson Mandela?

By the way, I have no idea what Hamdan vs. Rumsfeld means for all this, since I haven't read it and pundits seem to disagree on what it means  (unfortunately, this may be something we live with a while, a feature of the new muddled "Justice Kennedy compromise" we seem to have to live with on a number of decisions).  If anyone thinks they have seen a definitive analysis, please link it in the comments.