Coyote Blog

I have resisted Instagram for years because a) they only really allow photo uploads from your phone (not your pc) and b) none of my good photos are on my phone.  It is just really difficult to take a photography platform seriously that only really supports the crappiest end of the camera spectrum (i.e. phones).

However, a couple of things have changed.  One, Instagram is now a powerful social media platform and useful to my business given that I am trying to get young people to go to outdoors locations that are photogenic.  And two, I have gotten comfortable with a couple of hacks to be able to use instagram from my pc (more in a second).

So if you are into Instagram, you can follow me now.  My business instagram for our campgrounds and parks is @camprrm.   My personal instagram mainly to be filled with travel photography is @coyoteblog.   Actually the other reason I have come around on Instagram is that I wanted to follow my daughter Amelia who is a student artist, and instagram is THE way to advertise one's portfolio.  She is at @meliameyer (see what she did there, millenials are much more clever with integrating symbols into an extended alphabet).

The two hacks I use are:  1)  Convert the instagram account to a business account and then use the free version of hootsuite to post to it.  Even works with scheduled posts.  This works well for one account but is hard to make work for two.  2) Open and log into instagram via chrome.  Right click on the white space of the web page somewhere and choose inspect.  I think there is also a keyboard shortcut to do this, maybe cntl-shift-i.  Once the inspect window pops up, click on the little icon in the upper left that looks like a cell phone.  Poof, your browser is in cell phone sim mode and instagram should suddenly give you the + button (refresh page if it doesn't) that will allow you to post pictures right from your computer hard drive.

Brigham and Women's Hospital in Boston, the teaching hospital for Harvard Medical School, is going to remove pictures of medical luminaries from the walls of its auditorium because they are mostly all white guys.  Now, I don't really get freaked out about this the way some folks seem to.  I can totally understand why a University might not want to give the message to an incoming class that they somehow need to look like those pictures to be successful.  But I am exhausted with the notion that the way to handle uncomfortable things in society or in history is to hide them from students.  This seems the opposite of education.  I have had several great teachers in my life who would use uncomfortable facts as a springboard for learning.

I can't necessarily match the teaching greats, but here is how I might handle it.  Imagine a speech to an incoming group of Harvard Medical Students in this auditorium.

Welcome!  And congratulations!  All of you have followed very different paths to get here, but the one common denominator is that every one of you has the demonstrated intellectual and personal excellence required to meet the rigorous standards of this institution.  As I look around today, I see an incredible diversity of people -- a diversity of genders and ethnicities and home countries and family incomes but who all share in common the desire to help mankind through medicine.

If you look around the room you will see a bunch of paintings of medical luminaries who all made great contributions to medicine and this institution, and in the process helped save lives and make the world a better place.  But the odds are that you will also notice that the men -- and they are all men -- may not look like you.  There is a reason for that.

The issue is not that these 30 men should not be on this wall -- they all made important contributions to the study of medicine and everything you study over the next 4 years will build in part on their work.  The issue is not with these pictures, but the ones that are missing.  For every one of these pictures there should be at least one more of a woman or a person of color.  But those pictures are missing.  Even worse, the contributions of those people are missing.  They are missing because our world, our country, and even this institution made it difficult or impossible for brilliant people who were not white and male to reach the place where you are all sitting.  Medicine -- and our society -- are far poorer for this loss.

There are those who have suggested that we take down these pictures and hide this legacy from you.  These people have good intentions and want to avoid demotivating people who might look at these paintings and assume success will be impossible for them because they look different.  But I say that these pictures-- and all the ones that are missing -- should be your motivation.  All of you who might have been left out of this institution in the past are here now.  Look around the room, the world is truly changing!  This is your chance to make those advances in medicine that we lost in the past because we so short-sightedly excluded so many outstanding people.

Imagine you are back at this school 50 years from now with your grandchild.  You have spent the day dodging Harvard's frequent entreaties to donate money and you duck into this auditorium for shelter.  You point up to the walls and tell your grandchild, "do you see, about halfway along that wall where all the faces go from looking the same to being quite varied -- that was when your grandma was here at school."

A couple of weeks ago my wife and I were in Pasadena and we visited the Huntington.  I almost never see it on list of things to do in LA.  This list has 22 things including some odd choices but no mention of the Huntington.

The Huntington is the mansion and grounds of one of the heirs to railroad magnate Collis P Huntington.  Perhaps one of the reasons it is not well-known is that it is hard to exactly categorize what this place is.  First, it is an amazing garden (pictures below) that has a desert garden, a tropical garden, a temperate garden, a Japanese garden, the bonsai garden, a Chinese garden, a water garden, a rose garden and an herb garden.  I have been to a lot of gardens and arboretums around the world and this compares to the best.  More enjoyable, for example, than either major arboretum in Singapore which top tourist lists.  Then, there are the art museums, actually two.  We only made it to the European art museum, which was in the original mansion -- it contained a lot of large portraiture by Sargent and Gainsborough, among other works.  And then there is what is actually the centerpiece of the facility, the library.  Only a small part of the collection is on display, but what is there is amazing -- from fabulous illuminated manuscripts to a Gutenberg Bible to a number of signature historical documents.   As icing on the cake, there is the chance to walk through a couple of great mansions with a good part of the original furnishings intact.

The closest analog I can come up with is the Getty.  The Getty gets top billing in many LA must-do lists, and I can tell you that the Huntington blows the Getty away.  Sure, you should see the Getty, but I have never had a desire to go back.  I will be back to the Huntington as soon as I can.

I could fill this post with pictures, but I will simply provide a few teasers:

I know this is not my usual schtick here, but I have to confess I have a soft spot for baby hippo pictures.  This is Augustus, who was just born at Disney's Animal Kingdom in Florida.  More here.

I am mostly going to leave highways out of this post.  Most evidence I have seen is that the numbers do not actually show highway infrastructure to be getting worse.  To the extent highways are underfunded, in my mind it is because gasoline taxes paid by drivers and meant for highway repair and construction have been shifted to grand projects like light rail that get politicians excited but carry at least an order of magnitude fewer passengers per dollar spent than do highways.

But in worlds I am more familiar with - government transit agencies and parks agencies - there has been a real deterioration of infrastructure.   Systems like the Washington Metro clearly are falling apart and most public parks and recreation areas have huge deferred maintenance accounts that are growing every year.  California State Parks and the National Parks Service alone have deferred maintenance tallied well into the tens of billions of dollars.

Most of these agencies will argue the problem is -- wait for it -- that they are underfunded by their legislatures.  But this is not the case in my experience.  My company routinely takes over public parks that some government agency said were too expensive to remain open and profitably reopens them to the public -- not only keeping up with the maintenance but paying to catch up on all the maintenance the agency let slide when it was operating the park.

The problem is that most agencies, whatever their stated public purpose and mission, tend to be run for the benefit of their employees.  I understand some but not all the reasons for this, but it is simply an observable fact that this happens time and time again.  This means that the priority is to build up large staffs with good pay and large benefits and retirement packages.   Worse, the preference is usually to build up headquarters and administrative staff, rather than staff that actually does stuff like serve the public or fix things.  When cutbacks need to occur, the priority order always is: cut maintenance first; cut field staff actually doing useful things second; cut administrative staff only in case of the apocalypse; cut benefits packages never.

Deferred maintenance is the way that agency's can borrow without transparency and without any outside authorization to do things like maintain staff in the face of cutbacks.  In effect, the agency is borrowing against the infrastructure the public has built to help fund staffing levels and benefits.  What is deferred maintenance?  It is all kind of things.  It is having one out of three toilets in a bathroom break and just roping it off rather than fixing it.  It is allowing potholes to multiply in the road without repair.  It is constantly chasing more and more leaks in an underground water line and not just replacing it.  It is an acknowledgement that all manmade things have a fixed life.   Take picnic tables.  Let's say a type of picnic table in a campground, of which there might be hundreds, lasts about 10 years.  That means a responsible person should budget to replace 10% every year.  But what if we skip a year?  No one will probably notice if some old tables slide from 10 to 11 years old, and we save some money.  But really we are only borrowing that money, because we will need to do twice as many next year.  But then we do it again the next year, to borrow more, and the bill just increases for the future.  Before you know it, the NPS has $12 billion in deferred maintenance, a $12 billion debt for which there is little transparency and no legislative approval -- and the interest on which all of us in the public pay when we have to live with these deteriorating public facilities.

I have written about this many times, but here is what I wrote about Arizona State Parks several years ago:

At every turn, [Former Arizona State Parks Director Ken] Travous made decisions that increased the agency's costs.  For example, park rangers were all given law enforcement certifications, substantially increasing their pay and putting them all into the much more expensive law enforcement pension fund.  There is little evidence this was necessary -- Arizona parks generally are not hotbeds of crime -- but it did infuriate many customers as some rangers focused more on citation-writing than customer service.  There is a reason McDonald's doesn't write citations in their own parking lot.

What Mr. Travous fails to mention is that the parks were falling apart on his watch - even with these huge budgets - because he tended to spend money on just about anything other than maintaining current infrastructure.  Infrastructure maintenance is not sexy, and sexy projects like the Kartchner Caverns development (it is a gorgeous park) always seem to win out in government budgeting.  You can see why in this editorial -- Kartcher is his legacy, whereas bathroom maintenance is next to invisible.  I know deferred maintenance was accumulating during his tenure because Arizona State Parks itself used to say so.  Way back in 2009 I saw a book Arizona State Parks used with legislators.  It showed pictures of deteriorating parks, with notes that many of these locations had not been properly maintained for a decade.  The current management inherited this problem from previous leaders like Travous, it did not create it.

So where were those huge budgets going, if not to maintenance?  Well, for one, Travous oversaw a crazy expansion of the state parks headquarters staff.    When he left, there were about 150 people (possibly more, it is hard to count) on the parks headquarters staff.  This is almost the same number of full-time employees that were actually in the field maintaining parks.  As a comparison, our company runs public parks and campgrounds very similar to those in Arizona State Parks and we serve about the same number of visitors -- but we have only 1.5 people in headquarters, allowing us to put our resources on the ground in parks serving customers and performing maintenance.  None of the 100+ parks we operate have the same deferred maintenance problems that Arizona State Parks have, despite operating with less than a third of the budget that Travous had in his heyday.

Arizona State Parks has a new Director, but its the same old story.  They have complained about deferred maintenance in the parks for years, but when times are good (and I can tell you all of us in public recreation are having visitation records the last few years) they use the extra money to add headquarters staff and pay headquarters staff more.

State Parks, which receives no state general-fund money, saw a record 2.78 million visitors come to its parks for the fiscal year that ended June 30. The agency generated nearly $17.9 million largely from park fees, another record.

The result: Black has been generous with pay for people she has brought on staff. Some salaries are up to 32 percent higher than what her predecessor paid for the same positions. And she has approved raises of up to 25 percent for some carry-over staff as more money rolls into the agency's coffers....

Meanwhlile, records show [former director Bryan] Martyn's top two deputies were paid $110,250, while Black pays her top assistant $142,000 — 29 percent more. Black brought in a new development chief at nearly $105,000, a 32 percent bump over what the position paid under Martyn.

Black also boosted the pay of the natural-resources chief, who also worked for Martyn, by 25 percent, to $84,000 a year.

State Parks payroll records show Martyn, around the time he left, had 41 staffers making more than $50,000 [incredibly this is apparently personal staff, not the total headquarters staff]. Black had 58 staff members in March making more than $50,000. Black also brought in staff at higher salaries than what Martyn paid, giving some holdovers significant raises.

An agency spokeswoman said Parks is increasingpay to recruit and retain talent, and staffers are dealing with more visitors.

Black said she also has increased the pay of those in the field.

So, as we see some really good years in public recreation, Arizona State Parks is using the extra money to pay staff rather than address fundamental infrastructure issues.   Anyone want to guess what will happen when the next downturn comes?  Will administrative pay be cut?  Will headquarters staff be cut?  Or will maintenance be cancelled and parks closed?  Place your bets.

When companies or other entities get into debt holes they cannot climb out of, their debt is restructured and perhaps partially forgiven or even bailed out, but rules are put in place to ensure more responsible financial behavior in the future.  The same needs to be true of infrastructure spending.  These agencies got themselves into the deferred maintenance holes they are in.  They cannot get out without a bailout, but we should understand that it is a bailout of these agencies and there need to be conditions attached to the funding tied responsible maintenance spending by the agency itself.

I know that many of my readers have more skepticism than I about open immigration.  We will leave that for another day.  But I am not sure how any American who prides themselves on American exceptionalism and our leading role in the world promoting freedom wouldn't cringe at seeing these pictures.  What a terrible image they will make running for thousands of unbroken miles.

I am not sure why we are going through all this engineering effort when we could just be borrowing from the experts:

Postscript:  Congrats to our local entrants from the Phoenix area firm that submitted by far t

he ugliest design.

Update:  Just to confirm, based on the comments:  Yes, I do not see an ethical difference between stopping people from coming in and stopping them from going out.    Others of you do see a difference, and we will have to disagree.  I don't think the Berlin Wall would have shifted from evil to OK had it been built by the West Germans instead to keep communists bottled up on their side.  I know folks love to use the home analogy, that it is OK to fence folks out of your home but a federal crime to fence them in.  But I have always thought equating a whole country to private property is a bad analogy.  Basically, such an assumption rests on socialist community property ownership assumptions.   A Mexican man wants to drive a car he owns, using gas he buys along the highway, along a road paid for with the gas taxes he just paid, to take a job at my company I freely offer him and rent an apartment I freely lease to him.  Voting, government benefits, holding office -- we don't necessarily have an obligation to offer any of those things, at least initially.  But I don't think it is ethical to erect this wall in his path to exercising free exchange.

One of the best innovations on the web has been customer review scores.  I use the reviews of products at Amazon.com, Tripadvisor, Yelp, and Opentable all the time to aid in my buying.  Sure they can be frustrating -- some reviewers will petulantly give 1 star reviews for absurd issues or failings.  And I know that as much as reviews on Tripadvisor, Google Places, and Facebook can drive me crazy, they help me improve my business.

But these systems only work when they are run with integrity. I once had to get a Tripadvisor review deleted because it was fraudulent (made up claims from a disgruntled employee rather than a customer).  It was a long, uphill battle to get that one review deleted, as it should be.

Unfortunately, VRBO and HomeAway (I think they are the same company now) have abandoned this integrity.  For those that do not know, these sites feature rental of vacation homes and apartments.  We love this travel option - often we can get a nice 2 bedroom condo with kitchen and living room for the same price as a hotel room.  On this site there are often hundreds or thousands of options for rentals, and so customer reviews can be an important source of information in choosing.  Does it really look like its pictures?  Was everything there that was promised?  Are there any location or noise issues?  Essentially, reviews make sure the landlord cannot try to hide issues from travelers.

It used to be you could just log in and review the location, just like one does with a product on Amazon.  I think there was some testing to make sure you had actually rented it, but this is easy and Amazon has the same thing where it tags reviews with something like "confirmed buyer" or whatever.  But VRBO has now gone to a system where the landlord can essentially opt out of the review process.  If they don't send you a review link, you can't review.  In other words, you can't review without the owners permission.  And, as you may guess, owners with properties that have flaws that would readily be pointed out by reviewers do not allow one to review.

To compound the problem, VRBO hides all this.  For example, we rented this flawed beach home in San Diego.  It was wonderful in every way except for one -- the properties below and around it seem to be preferred destinations for loud groups of frat boys partying.  We pretty much got no sleep.   I wanted to warn future customers of this potential issue, but that is impossible because the landlord will not send me a VRBO review link, and that is the only way I can review it.  VRBO hides this because the listing says "This property doesn't have any reviews yet!"  That sounds far more innocent than the more accurate statement, which would be "This property does not choose to participate in the review process."

My company operates campgrounds on public lands under contract with various public agencies.  Over the past several years, there has been a lot of discussion about public accommodation (e.g. can a private photographer choose not to serve a gay wedding).  This has never really been a big issue for me in my business, both due to my personal tolerance of just about anyone and the fact that we operate on public lands, which gives us an extra responsibility for broad accommodation.

Yesterday a sheriff's deputy in Arizona comes by one of the campgrounds we operate and gave a flyer to our manager.  It says that so-and-so, we will call him Mr. Smith, is in the area and is registered as a level 3 high-risk sex offender ("level 3 is the highest level and considered the highest risk to reoffense").  The deputy lets my folks know that it would be better not to do business with this guy.

Now personally, I have a lot of skepticism for the sex offender registry.  These lists sweep up a lot of people whose crimes are trivial (e.g. teenagers who had sex together or texted pictures with their girlfriends).  They assume high risk of recidivism without evidence.  Their existence dates back to a variety of molestation panics that were grossly exaggerated, and play on what I think are irrational public fears.  They can act as a substantial extra punishment beyond what they might have been charged with in court.  And they can be harsh, making it nearly impossible for someone to try to live a normal life in any community.

So the dilemma arises because this gentleman was staying in our campground at the time we received the notice.  My female manager wanted him out, as did most of my employees.  My guess is that if I polled the guests, most of them would want this guy out.  Because many people in a campground are in tents without any door or lock, they can feel particularly vulnerable.  I had never really thought about this much until we added cabins with locking doors to a campground and the early customers were disproportionately single women and women on their own with their kids.  They liked the lock.

My most telling problem is one of liability.  The state of Arizona has officially notified me that in the state's opinion this person is high-risk (whatever I might suspect his true risk may be).  If some incident were to happen, this notification would be exhibit one in the trial suing me into bankruptcy, arguing that I callously and knowingly allowed this risk to remain when I had it in my power to remove it.  I suppose one could argue that I probably always have people on the sex offender list in one of our campgrounds almost every day since there is no reasonable way to check on such things.  But in this case I have been notified in writing by an agent of the state that this person is considered high risk -- this knowledge gives me added responsibility.

I made my decision already, because part of the joy of running a 24/7/365 service business with 2.5 million customers a year is that I have many decisions like this and I have to make a choice and move on.  But I am curious what your decision would be.  Discuss.

Update:  wow, the discussion here is just tremendously useful.   The commenter who observed that I could probably be sued either way successfully captured the flavor of my frustrations trying to run a business in the modern legal environment.

It struck me later that I might not even have a decision to make.   The Forest Service which owns the land may not even allow such folks to be excluded from public lands.  If this is the case, I can get that in writing and do what I prefer (ie not participate in the further punishment of this gentleman) but have some coverage against legal liability in the future.

Years ago I got tired of store-bought cards and cards with pictures of the family taken at Disneyland or skiing or whatever, so I created my own holiday card.  We got positive feedback, so I did another (past examples here, here, here).  I kept on with it, though over time it became a burden -- the weight of it would hit me about November 15:  What am I going to do next year for a card?

But this year my daughter, who is off to art college in Pasadena this January, picked up the mantle and drew our family portrait for our card.  Wow, what a relief.  I feel like a tired 16th century farmer whose son just grew old enough to do the plowing.

So Merry Christmas, or happy whatever holiday you celebrate this time of year.

PS -- OK, I don't want to nitpick, but I guess the 16th century farmer probably criticized the straightness of his son's furrows.   She made the drawing square, which necessitated a square envelope, which in turn cost us 20 cents extra in postage for each since square letters take special handling at the post office.  But it was a small price to pay.

Update:  To the comment that the choice of 16th century for my farmer analogy was sort of random, I happened at the time to be listening to yet another in the Great Courses series (love them) and it was just discussing agrigulture in the 16th century.

After months of paint frustration and poor design planning (I glued in the internal bracing before I installed the individual drivers, making what should have been a simple step a contortion act), my most recent speaker project is done.  This pair took longer than all the other speakers I have built, combined.  So they better sound good.  Here is one (from the back) just before I added the last bit of acoustic poly-fill stuffing and buttoned up the back.

Yes, all those drivers on the left had to be installed reaching through those small holes in the bracing.  Ugh.  Anyway, after I took this picture, I had one more -- appropriate for this project -- negative surprise when the fit on the port on the back was not quite right and a lot of filing and trimming was needed for the usually simple task of installing the back cover.  Right now the speakers are breaking in and then I need to do testing and gain adjustments (I am using an electronic crossover with parametric equalization I built from a miniDSP kit).

The original article on the theory of the design is here.  I will post final pictures soon -- they do look simply awesome, though I will say again that life is too short to put a gloss piano black finish on mdf, but I am glad I did it now that all the work is done.   Not sure what I will be doing with my weekends going forward.

As an aside, I am not moving -- on his way to his first apartment, my son claimed a couple of my old bookshelves, leaving me with packing boxes of my books on the floor.  There is a bit of a story on his whole job search:  For months of his senior year he kept telling us he turned down such and such job in Boston or New York.  He didn't want to work in the northeast and didn't want to be an investment banker, eliminating about 95% of the companies that come to the small Amherst College campus.  However, with some persistence, he landed a job with craft brewer Ballast Point in San Diego.  So after all my parental angst about his future, when I tried to lecture him on how to do a job search, he ended up working for a beer company in Southern California.  Compare that to my first job, working in an oil refinery in Baytown, Texas.  So I suppose he wins job search.

A lot of folks have been asking for my thoughts on this conflict, where Delaware North, the departing concessionaire at the Yosemite Lodge, is claiming they own trademarks associated with the old, beloved lodges that must be bought out for lots of money, either by the government or the new concessionaire.

There are lots of versions of National Park Service (NPS) concession contracts floating around out there, and as I have had a few of these contracts, I am generally familiar with the terms and problems that arise (though I want to caution I am not privy to any insider details of this dispute).  But here are a few thoughts:

One of the hardest problems with government concession contracts is how does the government provide incentives for the private company to invest capital in the concession without giving the concessionaire a long-term contract that reduces the government's control.  Since any improvements made to the government land can't be removed and become the property of the government, it probably takes a 30-year contract to cause private companies to want to make such investments (as they would then have time to get a return from the assets, and most improvements tend to have a 20-30 year life anyway).  But the government does not want to lock themselves into one concessionaire for 30 years - 10 is as far as the NPS generally wants to go.

So the NPS has a process by which private companies can make permanent investments in the facilities, and the amount of these investments are added to an account (it used to be called Leasehold Surrender Interest, or LSI, so I will call it that -- I am not sure what it is called in current contracts).  At the end of the contract, there are some formulas for valuing the LSI in the account, and if the concessionaire loses the contract, the next concessionaire has to buy out the LSI.  If there is no next concessionaire, the Feds have to buy it out.

This provides good incentive for investment, because money you put in you basically get out at the end, plus any return in the middle.  Also, since there is a federal guarantee of repayment, this makes it possible to get a bank loan to finance the improvements (otherwise an investment in leasehold improvements on government land that the bank can't put a lien on is impossible to get bank financing for).  But this also creates problems.  Over the years, the LSI can grow so huge that it becomes impractical for anyone to buy out -- the LSI numbers at these large concessions can be in the hundreds of millions of dollars.  This is what happened at the Grand Canyon, when the US Government had to pay down the LSI by tens of millions of dollars to get companies to bid.  The other issue is that it creates a large, unfunded, off-the-books obligation for the government (because they ultimately back repayment of the LSI) in the billions of dollars.

Anyway, it is my understanding that it is not the LSI that is the problem here.  NPS contracts also for years had a provision that not only did one have to buy out the previous concessionaire's LSI (which represents investments in permanent facilities), but one also had to buy all the personal property he had associated with the concession (eg boats, trucks, inventory, shelves, coolers, etc).  While the LSI provision is generally sensible, though with some issues, this personal property buyout often led to disaster.  Because, unlike LSI, there is no agreed-upon value for the property (if the NPS is following its process, they can tell you at any point in time what the LSI is worth and everyone should be in agreement -- no similar process exists for valuing personal property of the concession).

So here is the situation.  The outgoing concessionaire has an asking price for his personal property, and the incoming concessionaire has an offer price likely well south of the seller's price.  In a normal transaction, there is some negotiation.   But a key part of the negotiation is that at some point the buyer can just walk away and refuse to buy.  This walk-away is not allowed in the NPS contract situation.  The incoming guy HAS to buy.  So outgoing concessionaires, particularly unscrupulous ones, will set a huge asking price and refuse to come off it.  Arbitration is possible, but mediators often split the baby in a way that sellers still get above-market rates for their stuff.  And all the while this takes time -- one is supposed to be opening the concession and we have not even secured rights to the assets we need to run it!  So the clock is ticking AND we can't walk away.  Incoming concessionaires often get hosed  (which is why I believe new contracts in the NPS do not include this personal property buy-out provision).

This happened to us at a NPS marina in Colorado.  The previous concessionaire ran a number of businesses in the area.  When they lost the concession, they stripped it of any good assets it had and then went around to all of its other businesses and gathered up all the junk and useless assets they could find and dumped them into the concession.   They then demanded a huge price for all this junk.   The NPS was absolutely no help -- they had no records of concession assets, and with turnover no one had even really visited the concession much.   We ended up taking a loss in the $200,000 range, buying a whole yard of stuff that we almost immediately had to pay to have carted to a junk yard.  Later we found that we were on the hook for almost a half million in facility repairs the previous company had never made -- the NPS had detailed notebooks of the failed inspections and required maintenance that was never performed, but never once disclosed any of this to us until we had signed the contract, and then demanded that we were on the hook for it all.  But that is another story, which goes to explain why I will never, ever work with the NPS again.

Anyway, my take is that Delaware North is doing the same thing that happened to me in Colorado, but on a larger scale -- writing up the price of a bunch of assets (in this case intellectual property) and using the terms of the bad NPS contract to extract above-market pricing for them from the next concessionaire.  All entirely legal, but at the cost of absolutely destroying their reputation with the NPS (I wonder if Delaware North is planning to exit the NPS concession business anyway such that they don't care).  Anyway, the new concessionaire, Aramark has certain advantages that I did not have as a small company.  In particular, they can simply refuse to buy the assets (which they have -- they have already renamed all the lodges and stores) and fight the issue in the courts later.

By the way, if you are wondering how the US Government can be so casual with trademarks and intellectual property, this tends to be, in my experience, a huge blind spot for them.  As an example, the US Forest Service uses a single national reservations company and all of us concessionaires in the Forest Service are required to use that company.  Years ago, the company who won the contract promised better information on the website about each campground.  So, for the hundred plus campgrounds we operate, at the request of the US Forest Service, we spent weeks measuring sites, taking pictures, and drawing campground maps for posting on the reservation system.  Several years later, when this reservation company lost the contract, it turns out the company had contract provisions from the government that the believed let them retain all the intellectual property.  The company then claimed all the maps, pictures, and site descriptions -- that we developed -- were theirs.  What a mess.  I can't totally remember how it came out but I think we got the rights to the pictures and descriptions back but all new maps had to be made.  The point is that the government has historically been myopic about the value of non-physical assets.

Actually, I am back, but here is me with two of my college roommates carrying .... something or other in a Thai wedding ceremony in Roi Et.

Some of you may be familiar with the groom, my friend Brink Lindsey of the Cato Institute.  The wedding was amazing and I will try to post some more pictures later.

Thailand was wonderful, and if there is a country that has friendlier people, I have never been to it.  I will post some thoughts on Thailand later, but a few top of head items:

• Business models can be really, really different in a country with lower-cost labor.  There were dudes in my hotel in Bangkok whose sole job seemed to be to time out my walk toward the elevator and hit the up button at the perfect moment.
• One sidebar to this is that in restaurants and bars, they have waiters who simply hover around constantly.   They keep the alcohol bottles on a nearby table and essentially every time you take a sip, they fill your beer or scotch back up to the top. It is like drinking from a glass with a transporter beam in the bottom keeping it full.  This makes it virtually impossible to regulate one's drinking.
• The whole country is like a gentrifying neighborhood in the US.  It is totally normal to see a teeth-achingly modern building right next to a total hovel.

Hey, Glenn Reynolds blogs about cameras, and he sets the standard, right?  I just looked at a few of the pictures I took at the Aerosmith concert last week and I thought they came out surprisingly well for a pocket camera.  I was using a Canon PowerShot SX260HS that I actually own to take pictures of campgrounds for my business web site.  These pictures were not from close up, they were zoomed all the way out to 20x (I was up in the seats on the side, not on the floor or right by the stage).  I shot with a no flash night mode the camera had that I had never played with.  Given the time it takes to process each shot, it must be some kind of HDR thing but I was impressed it caught fast action pretty clearly.

Loved that Joe Perry guitar, by the way.

It occurred to me that I have reached important insights into human behavior that it would be negligent of me to withhold from the world, so here they are:

The Cheerleader Effect:  The cheerleader effect describes a human perception issue where pictures of any woman in a group are often considered more attractive than a picture of that woman alone (this may apply to men as well, but I have always heard it referred to women).  Apparently women exploit this effect by posting pictures on dating sites that show them in groups of their friends rather than alone.  Anyway, I have developed two corollaries:

• Polo Shirt Effect:  Polo shirts in a store appear more desirable when grouped with other similar shirts in an array of colors than when presented alone.  This effect is strong enough to trump the paradox of choice, where offering consumers more choices can tend to flummox them and cause them to buy less.  I believe arrays of multi-hued polo shirts presented together increase purchases of these shirts.
• Christmas Tree Effect:  We almost never buy ornaments for our tree.  95% are individually ugly, but meaningful, constructions by our kids over the years.  The rest are what remain after breakage of some commercial ornaments we bought 20 years ago on deep discount in the after-Christmas sales.  But a tree constructed of these ornaments is beautiful.  So ornaments look far better when massed on a tree than they look individually.

Towards A Theory of Pedestrian Behavior:  One of the things I enjoy is urban running -- ie running through the streets of cities.  When we travel, this is one of my favorite ways to see cities, and it also helps me run further because I do not get bored.  But trying to run through sometimes crowded pedestrian areas can be frustrating, since one is trying to move faster than the crowd and the crowd typically does not expect a runner coming up behind them on the sidewalk.  As a result of many such runs, I have developed two laws of pedestrian behavior:

1. Groups of pedestrians will expand to fill the width of the space allotted.  If the width changes, groups of pedestrians will respond very quickly and expand their group spacing to fill that width.  While this behavior is almost certainly natural, it is almost impossible to distinguish a group walking naturally from one purposefully trying to block passage by a faster pedestrian.  Corollary:  Groups too small to fill the width of a passage or sidewalk will weave.
2. Groups of pedestrians, everything else being equal, will choose to pause and congregate at the bottleneck in any sidewalk, thus constricting an already narrow passage.  DisneyWorld is a great location for spotting this behavior.  Corollary:  A disproportionate number of people will choose to stop right at the exit door from an jetway when exiting an aircraft.

I have become pretty immune to letting BS government pleas for more power get to me, but this almost made me barf.

The No. 2 official at the Justice Department delivered a blunt message last month to Apple Inc. executives: New encryption technology that renders locked iPhones impervious to law enforcement would lead to tragedy. A child would die, he said, because police wouldn’t be able to scour a suspect’s phone, according to people who attended the meeting.

Children will die, do you hear?  CHILDREN WILL DIE!!!!

It is far more likely, based on recent history, that police will want to access your phone out of a prurient desire to see your naughty pictures than it will be to save some dying child ala in Dirty Harry.  Jeez you can make the same argument that if police could just randomly charge into any house they wanted for any reason, at some point they would probably save someone.

Yesterday, when writing about the US Forest Service (USFS) restrictions on commercial photography in wilderness areas, I discussed the contradictions that make their policy problematic

The USFS has undermined their own argument by making exceptions based on the purpose of the filming.  Apparently only commercial filming hurts ecosystems, not amateur photography.  And apparently commercial filming that has positive messages about the USFS are OK too.  Its just commercial filming that goes into a beer company ad that hurts ecosystems.  You see the problem.  If it's the use itself that is the problem, then the USFS should be banning the use altogether.  By banning some photography but not all based on the content and use of that photography, that strikes me as a first amendment issue.

Despite working with the USFS on lands management every day, this policy was new to me.  I hypothesized

[There is a] large group in the USFS that is at best skeptical and at worst hostile to commercial activity.  They would explain these rules, at least in private, by saying that anything commercial is by definition antithetical to the very concept of wilderness that they hold in their heads, and that thus all commercial activity needs to be banned in the wilderness because it is inherently corrupting.

Reading Overlawyered, I saw this US Forest Service quote from the Oregonian to explain their position on commercial photography:

Liz Close, the Forest Service's acting wilderness director, says the restrictions have been in place on a temporary basis for four years and are meant to preserve the untamed character of the country's wilderness.

Close didn't cite any real-life examples of why the policy is needed or what problems it's addressing. She didn't know whether any media outlets had applied for permits in the last four years.

She said the agency was implementing the Wilderness Act of 1964, which aims to protect wilderness areas from being exploited for commercial gain.

"It's not a problem, it's a responsibility," she said. "We have to follow the statutory requirements."

So it appears that the purpose of the Wilderness Act is interpreted by the USFS as "protect wilderness areas from being exploited for commercial gain."

But the Wilderness Act makes just a brief mention of commercial activity (It was written back in the day when laws did not have to be 2000 pages long, so you can read the who thing here).  Its main purpose is to keep the lands wild and the ecology as free as possible from man's intervention

In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by the Congress as "wilderness areas," and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness...

A wilderness, in contrast with those areas where man and his works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this Act an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.

There is nothing in this that in any way shape or form should be affected by photography (unless the photography has some sort of heavy footprint, like making a Hollywood movie with hundreds of people and equipment and catering trucks, etc.).

The Wilderness Act is not primarily about protecting the Wilderness from commercial gain.  It is about protecting the natural operation of ecosystems from intervention of any sort by man.  Commercial activity is barely mentioned, and only as a minor aside deep into the legislation.  But many US Forest Service employees have an antipathy to commercial activity and have sort of reinterpreted it in their mind as being an anti-commercialism act.  Here are the only mentions of commercial activity in the law:

Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area. ...

Commercial services may be performed within the wilderness areas designated by this Act to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas.

In this usage (I am not an attorney so there is likely a long history of how the term "commercial enterprise" is understood in the law) my sense is this means that people are not to be conducting commerce -- trading goods and services for money-  within the boundaries of the wilderness area. Essentially, they don't want a gift shop or McDonald's there.   Grouped with the bit about roads, this is a paragraph about facilities and equipment and having a footprint.

So is a lone person taking pictures a commercial enterprise within the area? I doubt it. The actual commerce is conducted outside the park and there is nothing about photography that impairs the wilderness nature of the park.   My interpretation is that taking pictures is OK but setting up a photography store is forbidden.  But by the US Forest Service's definition, I suppose they should also ban people from collecting material for a book. If I walk through the wilderness area taking notes for a book I want to write, and then leave the area and write it and sell it, I am not sure how this is any different from commercial photography. And does this mean that I can't wear any clothes or bring any equipment into the wilderness area that I purchased commercially?

PS-  Beyond a skepticism about capitalism, there is an other reason public lands people might want to shortcut the Federal Wilderness Act as "preventing commercial activity" -- it lets them off the hook.  The Wilderness Act was about preventing meddling in the ecosystem (an impossible goal, but we will leave that for another day) and this applied to all groups -- commercial, government, educational.  By shortcutting the Act as being about commerce, it helps folks forget that the same strictures should apply to agency personnel as well.  I was up in Yellowstone listening to discussions of reintroduction of the wolf and the ongoing killing of thousands of non-native fish in Yellowstone Lake and various streams.  The goal of these interventions is to reverse past interventions, but even so they strike me as violations of the Federal Wilderness Act.

A follow-up to this article is here.

The news has been zooming around the Internet that the US Forest Service (USFS) is going to require permits to take pictures on public lands.   It was the first I had heard of this, which is odd in one sense because I actually operate tens of thousands of acres of US Forest Service lands, and in fact operate the ones with the most visitation (on the other hand, we are often the last to hear anything from the USFS).

So, knowing that the Internet can be a huge game of "telephone" where messages quickly get garbled, I went to the regulation itself.  As usual, that did not help much, because it is so freaking hard to parse.  Reading between the lines, here is what I think is going on:

• The regulations don't apply to all USFS lands, but to the federally-designated wilderness areas they manage.  Even this is confusing, since the permitting authority does not apply just to wilderness areas, but to anywhere in the USFS.   But even the wilderness areas constitute a lot of land, and often the most scenic.
• Apparently, the regulations have been in place for 4 years and this is just an extension and clarification
• Ostensibly, the regulations apply only to commercial filming, but how the USFS is going to distinguish between a commercial photographer and well-equipped amateur, I have no idea.  The distinction seems to lie in what the photography will be used for, and since this use happens long after the individuals have left the land, I am not sure how the USFS will figure this out.  Is the US Government going to start suing magazines for nature pictures, claiming a copyright on the scenery?  What happens if I take it for my own use, then discover I have an awesome picture and decide to sell it.  It is hard to write laws that depend on reading people's minds in determining if an act is legal.

The Federal Wilderness Act gives the government a lot of power to limit uses in a designated wilderness area.  Motorized vehicles and tools are banned, as were bicycles more recently.  My company operates in only one wilderness area, a canoe run at the Juniper Springs recreation area in Florida.  If a tree falls across the stream, we have to float down in canoes and take it out with hand axes.  We have to open and inspect coolers of those going down the run to make sure no banned items are in them.  In other words, wilderness areas definitely have a higher level of restrictions than the average public land.

As to the First Amendment issues, well folks like Ken White at Popehat have taught me that it is very very dangerous for the uniformed (ie me) to pontificate on complex First Amendment issues.  I am sure the USFS would say that they are not interfering with free expression, just banning a use that could be dangerous in the wilderness.  There are a few problems with this:

• The USFS hasn't explained why taking pictures threatens the natural operation of ecosystems
• The USFS has undermined their own argument by making exceptions based on the purpose of the filming.  Apparently only commercial filming hurts ecosystems, not amateur photography.  And apparently commercial filming that has positive messages about the USFS are OK too.  Its just commercial filming that goes into a beer company ad that hurts ecosystems.  You see the problem.  If it's the use itself that is the problem, then the USFS should be banning the use altogether.  By banning some photography but not all based on the content and use of that photography, that strikes me as a first amendment issue.The best parallel I can think of is in Venezuela.  There, the government claimed a paper shortage required it to shut down certain printing to conserve paper, and then proceeded to shut down only the newspapers it did not like.  I suppose it could claim that it was not censoring anyone, just taking steps to deal with the newsprint shortage.  Similarly the USFS claims it is not limiting anyone's first amendment rights, it is just protecting the wilderness form a dangerous use.

A few years ago, the USFS tried to reverse an expensive mistake it had made.  The US government issues lifetime senior passes that allow free entry and half off camping for seniors.  This is an expensive giveaway, paid for by taxpayers.  But the USFS had gone further, requiring that concessionaires like our company also accept the pass and give half off to seniors.  While giving half off to seniors at government-run campgrounds had to be funded by taxpayers, concessionaires only have use fees to fund operations.  So to give half off to seniors, prices have to be raised to everyone else.  The senior discount requirement was raising prices (and still does) $4-$5 a night for every other camper.

Well, long story short (too late!) the US Forest Service folded under the organized pressure of senior groups.  And my guess is that they will do so again here.  Unlike with the National Park Service which has a clear mandate and strong public support, few people get misty-eyed about the USFS, which means they are always sensitive to bad news that might hurt them in the next budget fight.

PS -- Is someone going to go back and bill Ansel Adams' estate?  Isn't he exactly the sort of commercial nature photographer that this rule is aimed at?

Update:  I have talked to a number of people in the know on this.  Apparently what began as a desire merely to stop high impact filming in the wilderness -- full Hollywood movie sets with catering trucks, etc. -- has gotten taken over by a large group in the USFS that is at best skeptical and at worst hostile to commercial activity.  They would explain these rules, at least in private, by saying that anything commercial is by definition antithetical to the very concept of wilderness that they hold in their heads, and that thus all commercial activity needs to be banned in the wilderness because it is inherently corrupting.

Supposedly, there is this huge trend in Millennials graduating college, failing to find a satisfactory job, and ending up living at home.  Almost every media outlet known to man has written about it.  They have anecdotes and pictures of individuals to prove it.  But there does not seem to be an actual trend:

It turns out that the share of young people 18-24 not in college but living at home has actually fallen.  Any surge in young adults living at home is all from college kids, due to this odd definition the Census uses

It is important to note that the Current Population Survey counts students living in dormitories as living in their parents' home.

Campus housing, for some reason, counts in the census as living at home with your parents.  And since college attendance is growing, thus you get this trend that is not a trend.

"Trend that is not a trend" is an occasional feature on this blog.  I could probably write three stories a day on this topic if I wished.  The media is filled with stories of supposed trends based on single data points or anecdotes rather than, you know, actual trend data.  More stories of this type are here.  It is not unusual to find that the trend data often support a trend in the opposite direction as claimed by media articles.

The footprints are cool.   But what really had an effect on me is how vividly this picture portrays the power of geologic forces (combined with time).  This wall of rock was obviously once horizontal.

More pictures here.

Former Arizona State Parks director Ken Travous takes to the editorial page of our local paper to criticize current park management and the Arizona legislature for not sending enough money to parks"

Things were looking pretty good, and I guess that’s the problem. In some odd kind of way, employing some type of sideways logic, the Legislature deemed that if State Parks is getting along well, it must be out of our control. So, after 15 years of parks acting like a business, the Legislature decided to act like a government and take their money. A little bit here and there in the beginning, to test the public reaction, and then in breathtaking swaths.

Heritage Fund ... gone. Enhancement fund ... swiped. General fund? No way. A $250,000 bequest? Oops, they caught us; better put it back.

State Parks now has a mountainous backlog of maintenance projects all because the Legislature would rather wholly own a failure than share a success. We need to put people in the halls that care about those things that we want our children to enjoy, and a governor who will stand in the breach when the next onslaught appears.

I agree with Travous that our parks could use some more funds.  But what Mr. Travous ignores is that the seeds of this problem were very much sown on his watch.

Travous points out that revenues in the parks expanded to nearly $10 million when he was in charge.  But left unsaid is that at the same time agency expenses on his watch ballooned to a preposterous $33 million a year**.  At every turn, Travous made decisions that increased the agency's costs.  For example, park rangers were all given law enforcement certifications, substantially increasing their pay and putting them all into the much more expensive law enforcement pension fund.  There is little evidence this was necessary -- Arizona parks generally are not hotbeds of crime -- but it did infuriate many customers as some rangers focused more on citation-writing than customer service.  There is a reason McDonald's doesn't write citations in their own parking lot.

What Mr. Travous fails to mention is that the parks were falling apart on his watch - even with these huge budgets - because he tended to spend money on just about anything other than maintaining current infrastructure.  Infrastructure maintenance is not sexy, and sexy projects like the Kartchner Caverns development (it is a gorgeous park) always seem to win out in government budgeting.  You can see why in this editorial -- Kartcher is his legacy, whereas bathroom maintenance is next to invisible.  I know deferred maintenance was accumulating during his tenure because Arizona State Parks itself used to say so.  Way back in 2009 I saw a book Arizona State Parks used with legislators.  It showed pictures of deteriorating parks, with notes that many of these locations had not been properly maintained for a decade.  The current management inherited this problem from previous leaders like Travous, it did not create it.

So where were those huge budgets going, if not to maintenance?  Well, for one, Travous oversaw a crazy expansion of the state parks headquarters staff.    When he left, there were about 150 people (possibly more, it is hard to count) on the parks headquarters staff.  This is almost the same number of full-time employees that were actually in the field maintaining parks.  As a comparison, our company runs public parks and campgrounds very similar to those in Arizona State Parks and we serve about the same number of visitors -- but we have only 1.5 people in headquarters, allowing us to put our resources on the ground in parks serving customers and performing maintenance.  None of the 100+ parks we operate have the same deferred maintenance problems that Arizona State Parks have, despite operating with less than a third of the budget that Travous had in his heyday.

I am not much of a political analyst, but my reading is that the legislature cut park funds because it lost confidence in the ability of Arizona State Parks to manage itself.   Did they really need to cut, say, $250,000 from parks to close a billion dollar budget hole?  Arizona State Parks had its budgets cut because the legislature did not think it was acting fiscally prudent, like cutting off a child's allowance after he has shown bad judgement.

I have met with current Director Bryan Martyn and much of the Arizona State Park staff.  Ken Travous is not telling them anything they do not know.  Of course they would like more funds to fix up their parks.  But they understand that before they can expect any such largess, they need to prove that Arizona State Parks will use its funds in a fiscally sensible manner.  And I get the impression that they are succeeding, that the legislature is gaining confidence in this agency.  The irony is that  Arizona State Parks will be able to grow and get more funds only when it has overcome the problems Travous left for them.

 ** Footnote:  Getting an actual budget number for ASP is an arduous task.  I once talked to a very smart local consultant named Grady Gammage who worked with parks and finally despaired of accurately laying out the budget and allocating it to tasks.  What this achieves is that it allows insiders to criticize anyone they want as being "misinformed" because almost any number one picks is wrong.   The $33 million figure comes from outside consulting reports.  The headcount numbers come from numbers the ASP information officer gave me several years ago.  Headcount numbers are different today but the ones above are relevant to the agency as it existed when Travous left.

This weekend our family dog, the world's largest Maltese at over 12 pounds but still a small dog, was attacked by a coyote.  They redid the golf course nearby into a links course and ever since we have had an enormous pack of coyotes out there -- the other night I saw a dozen hanging out together.

Yesterday the coyote got into a fenced area and grabbed Snuggles (please no name jokes today) in its jaws and was carrying her off when my daughter saw it and screamed and yelled until it dropped our dog and went away.   If my daughter had had a gun, that coyote would have been blown away -- my daughter was in total mama bear mode.

We took the dog to the emergency animal hospital, and eventually to their surgery center.  Snuggles was put on oxygen and an IV and within a few hours had a surgeon operate on her chest, stitching closed holes in her chest wall on both sides of her body.   So that is how we spent our weekend.

Today she is doing OK, but is still sluggish and won't eat.  We are hoping for the best, and that she will beat the odds (most dogs this size are DOA from coyote attacks).  Here she is with her pink bandages, still in the oxygen tent.

Postscript:  It was interesting to go through the process of getting emergency care in the veterinary world.   At each step of the process we got a detailed cost estimate in advance of the charges we could expect.  We were able to request her medical records at any time, and they were both detailed and impressive.  Every step was documented.  We saw her x-rays and got pictures and video from the surgery to show us exactly what damage had to be repaired and how they did it.  The two locations we have been to (the local hospital and the surgery center) both are part of VCA,  It has not been cheap, but the care has been impressive.

One odd conclusion to this is that there is something to be said for the old-style communal hospital ward vs. the private rooms of today. One of the reasons I feel good that they are keeping an eye on Snuggs (as the men of the household call her to avoid embarassment) is that all the critical animals are essentially in cages and enclosures in the same room, where someone always is there to see immediately if they are in distress.

Update:  Got the bill today for the surgery.  Pretty much exactly what they promised in advance.   Not cheap -- I think I am going to rename this dog Steve Austin

Update #2:  I don't really blame the coyote - nature red in tooth and claw and all that.  Anger at the coyote is just cover for my personal guilt that we did not make things safer for her.  We are making changes right now to give her a safer area to run around and do her business.

When people ask me about my business, one of the things that is hard to explain is just how deep and visceral the skepticism of private enterprise can be.  I constantly have people take single words I might have uttered in the immediacy of a live TV interview and try to craft straw man positions for me out of them**.  Sometimes it is not even something I said, but something where some lazy journalist has poorly paraphrased my position.

Here is a great example, where a Flagstaff writer (who by the way knows me and my phone number quite well but did not bother to interview me) tries to take my opposition to the government shutdown to paint me with some sort of entitlement.  She lectures me that I don't actually own the land on which I operate, as if that is somehow news to me.  You can read my comments if you are interested, but the issue with the shutdown was the lawlessness of Administration officials, not any sense that I am entitled to the land any more than my lease contract allows me to be.  (As an aside, she seems to be expressing a strong theory of landlord rights, that my landlord (the US Forest Service) should have the absolute right to shut me down whenever they want.  Why is it that I don't think she has the same position vis a vis other tenants and landlords?)

By the way, compare her straw man to my actual position on public land, which is likely to the Left of many of my readers:

In my history of public discussions on private operation of public parks, it is no surprise that I run into a lot of skepticism about having any private role at all.  But I also run into the opposite -- folks who ask (or demand) that the government sell all the parks to private buyers.  So why shouldn't privatization of parks just consist of a massive land sale?

The answer has to do with profit potential.  Over time, if in private hands, a piece of land will naturally migrate towards the use which can generate the highest returns.  And often, for a unique piece of land, this most profitable use might not be a picnic area with a $6 entrance fee -- it might instead be something very exclusive which only a few can enjoy, like an expensive resort or a luxury home development (think: Aspen or Jackson Hole).  The public has asked its government to own certain unique lands in order to control their development and the public access to them.

Public ownership of unique lands, then, tends to have the goal of allowing access to and enjoyment of a particular piece of land for all of the public, not just a few.  Typically this entails a public agency owning the land and controlling the types of uses allowed on the land and the nature and style of facility development.  I call these state activities controlling the "character" of the land and its use.  (One could legitimately argue that private land trusts could fulfill the same role, and in fact I have personally been a supporter of and donor to private land trusts.  However, I am not an expert in this field and will leave this discussion to others).

Having established a role for the government in setting the character of the lands we call "parks," we can then legitimately ask, "does this goal require that government employees actually staff the parks and clean the bathrooms?"

** Postscript:  A couple of years ago I was asked to do an interview with Glen Beck on my proposal to keep open, via private operation, a number of Arizona parks slated for closure.  It was the first time I ever did live TV, and a national show to boot.  I had never seen his show but he had the reputation of being freaky and unpredictable, which just made me more nervous.   Anyway, during the interview I said that typically an agency would contract with us for a group of parks, instead of just one, so the stars could help cover the cost of the dogs.  This terminology is from a framework many business school students learn early, often called a BCG matrix (named after the Boston Consulting Group).  It is a two by two matrix with market share or profitability on one axis and market growth on the other.  Anyway, the profitable high revenue units within a company are stars and the unprofitable stagnant ones are called dogs (the profitable stagnant ones were cash cows and I can't actually remember what was in the fourth box).  You can see this nomenclature is so established they actually put little pictures of stars and dogs in the boxes.

Anyway, it was a poor choice of wording, but the nomenclature is wired do deep in my now it just came out.  The context of the entire interview was that I cared deeply about the parks and that I was offended that the legislature was going to let them close when there was an easy solution at hand.  No matter.  The #2 guy at Arizona State Parks took the video and make the rounds of the state park staff, highlighting my use of the word "dog" and inflaming their rank and file that I thought their parks were bad places and I was bent on destroying them, or something.  Anyway, none of the Arizona Park Staff I have ever talked to has ever seen an operations manual for their parks but they have all seen the video of me saying "dogs."

Postscript #2:  Don't ever think that consulting is different from any other business.  When I was an McKinsey, we had piles of frameworks we used (the 7S organization framework being perhaps the most common and actually fairly useful, as its intent was to take focus away from structure alone in organizational work).  Anyway, McKinsey had to have a growth-share matrix, but to try to differentiate this product a bit they had a 3x3 matrix rather than a 2x2.

Since I am somehow oddly onto a consulting tangent here, the single most useful thing I garnered from McKinsey was the pyramid principle in persuasive and analytical writing.  I have talked to a lot of other ex-McKinsey folks, and almost all of them wonder why the pyramid principle is not taught in high school.  I am not a believer in business books -- I am looking around my office and I don't think I see even one here.  But if I had to offer one book for someone who wanted a business book, this is it.

I can understand the man bites dog appeal of a story about the press turning on Obama.  But seriously, their biggest problem with this President's transparency is that he does not allow enough pictures of himself?

My daughter and I did the whole college visit thing last week -- 8 colleges in five days.  In doing so, I was struck by the fact that all these great schools we visited, with one exception, were founded by rich people no more recently than the 19th century.  Seriously, can you name a college top students are trying to get into that was founded since 1900?  I think Rice University in Houston was founded in the 20th century but it is still over 100 years old.

The one exception, by the way, was SCAD, an art school in Savannah, Georgia.  SCAD is new enough that it is still being run by its founder.  I am not sure I am totally comfortable in the value proposition of an expensive art school, but I will say that this was -- by far -- the most dynamic school we visited.

So here is what I would do:  Create a new not-for-profit university aimed at competing at the top levels, e.g. with the Ivy League.  I would find a nice bit of land for it in a good climate, avoiding big cities.  The Big Island of Hawaii would be a nice spot, though that may be too remote.   Scottsdale would not be a bad choice since its bad weather is during the summer out of the normal school year and land is relatively cheap.

Then, I would take the top academic kids, period.  No special breaks for athletes or tuba players.  It would have some reasonable school non-academic programs just to remain competitive for students - maybe some intramurals or club sports, but certainly no focus on powerhouse athletics.  We could set a pool of money aside to help fund clubs and let students drive and run most of the extra-curriculars, from singing groups to debate clubs.  If students are passionate enough to form and lead these activities, they would happen.

And now I need a reader promise here - if you are going to read the next sentence, you have to read the whole rest of the article before flying into any tizzies.

And for the most part we would scrap affirmative action and diversity goals.  We are going to take the best students.  This does not mean its pure SAT's - one can certainly look at a transcript and SAT in the context of the school kids went to, so that smart kids are not punished for going to a crap public high school.

Realize I say this with the expectation that the largest group of students who will be getting affirmative action over the next 20 years are... white males.

What?  How can this be?  Well it is already nearly true.  Sure, historically everyone has focused on reverse discrimination against white males when colleges were dealing with having twice as many men than women and they had few qualified black or hispanic candidates.  But my sense is that few white males any more lose their spot in college due to competition from under-qualified minority candidates.

That is because there is an enormous demographic shift going on in college.  In fact there are three:

1. Girls rule high school and higher education.  Yes, I know that women steeped in "Failing at Fairness" will find this hard to believe, but undergraduates are something like 56% women nowadays.  As we toured Ivy League schools, we were on tours with about 6 prospective female students for every one guy.  Back when my son played high school basketball, on the walls of various high schools he played at were pictures of their honor societies.  Time and again I saw pictures of 20 girls and one or two forlorn boys.  If top schools want to keep their gender numbers even, then they are going to have to start affirmative action for boys, if they have not done so already (I suspect they have).
2. Asians are being actively discriminated against.  Schools will never ever admit it, because they are getting sued by Asian prospective students (I know Princeton has been sued) but reverse discrimination against Asian students is becoming more and more intense.  The bar for Asia females already is way higher than the bar for white males in top schools, and it likely will only get worse
3. Foreign students bring in the cash.  Ivy League schools have a ton of international students, which makes sense as they strive to be international institutions.  But one thing they will not tell you is that there is another reason for bringing in foreign students:  For most schools, their need-blind admissions policies and increasingly generous financial aid packages do not apply to foreign students, or apply on a much more limited basis.  The average tuition paid by international students is thus much higher.  I suspect, but cannot prove, that under the cover of diversity these schools are lowering their standards to bring in students who bring the cash.

So we scrap all this.  If the school ends up 80% Asian women, fine.  Every forum in one's life does not have to have perfect diversity (whatever the hell that is), and besides there are plenty of other market choices for students who are seeking different racial and ethnic mixes in their college experience.   We just want the best.  And whatever money we can raise, we make sure  a lot of it goes to financial aid rather than prettier buildings (have you seen what they are building at colleges these days?) so we can make sure the best can afford to attend.  Getting good faculty might be the challenge at first, but tenure tracks have dried up so many places that my gut feel is that there are plenty of great folks out there who can't get tenure where they are and would jump at a chance to move.  You won't have Paul Krugman or Bill McKibben type names at first, but is that so bad?

We know the business community hires from Ivy League schools in part because they can essentially outsource their applicant screening to the University admissions office.  So we will go them one better and really sell this.   Hire any of our graduates and you know you are getting someone hard-working and focused and very smart.

I don't know if it would work, but hell, I am a billionaire, what's the risk in trying?

By now, readers will know that our company operates public parks and campgrounds in the National Forest without taking one dime of Federal money.  We pay for the cleaning, maintenance, utilities, and staffing of the facilities entirely from the user fees paid by visitors at the gate.  Because we take no government money(we actually make lease payments to the government) we have never been closed in past shutdowns, but we were closed last week as the White House overruled an early Forest Service decision and ordered us closed.

Well, here is a photo from yesterday of the parking lot of one of the recreation areas we operate and were forced to closed.  Doesn't look very closed, does it?

As it turns out, yesterday the local Sheriff was concerned with traffic jams on the highway near here as people tried to park and walk in.  It is a danger I warned the US Forest Service about way back on October 2 in a letter to Cal Joyner, the Regional Forester for Arizona and New Mexico (and was promptly ignored).  The Sheriff forced the gate open and let everyone in.

The amazing thing I found out today, and confirmed through pictures and news reports, is that the Sheriff was accompanied by US Forest Service personnel who apparently accepted this action.  This means in effect that the US Forest Service believes this site is safe to occupy by visitors without our company present to clean the bathrooms, take out the trash, monitor security, watch for fires, stop vandalism, etc.  but is not safe, somehow, with us present and actively staffing the site.  This obviously makes no sense and just points out how arbitrary the decision-making has been.

Starting yesterday morning I begged the US Forest Service to let us return to staffing the site (which should be an easy decision since, unlike opening National Parks, this would require zero dollars from the government) but I got no response.

We have also found numerous other sites operated by third parties like ourselves on US Forest Service land in Arizona still open.  For example, the Oak Flats campground in the Tonto National Forest is still open for business.  In addition, we know of at least three Arizona State Parks, including Slide Rock SP, that operate on US Forest Service land just as we do but who have not been ordered to close.  I know that Fool Hollow SP operates with a special use permit very similar to ours, but unlike us, its permit has not been temporarily suspended and it is open for business.

In fact, I cannot find a single third party who operates on the National Forests in Arizona who have had their operations suspended except for the private campground concessionaires.   The powerful ski associations got their operations on Forest Service lands exempted from the get-go, probably because they have a full-time lobbying staff in DC and I do not.  The same goes true for BLM lands, where the BLM has not closed its campgrounds or parks to the public.  And the same goes true now for the Grand Canyon NP, which has been reopened by the state of Arizona.  In fact, we may be the only recreation operations on Federal land in this state that are still required to close.

Update:  The Forest Service made us cease operations at the Locket Meadow campground near Flagstaff.  After kicking us out, they have reopened the campground to the public (without any staff or services on site).  It is absolutely outrageous that the US Forest Service believes that the campground is fine for public visitation but that our company must be banned from operating it.  Clearly, the resource and the visitors are safer and better protected and better served with us there, so this can only mean that the Forest Service is for some reason arbitrarily targeting our business, rather than use of the land, for shutdown.  I cannot think of any possible justification for this action.  If the campground is safe for public visitation during the shutdown, it is safer for us to operate and keep clean and protected.

PS-  I should say targeting private SMALL companies.  Large companies with political pull seem to be getting the National Parks open where they have operations.  Just like with Obamacare and nearly everything else in modern government, restrictions are passed on private enterprises but exceptions are granted to those large enough to have staff lawyers, full-time lobbyists, and who can bundle a lot of donations.