Friday, September 26, 2008
Autorama, Cheese Days and more by Bob Keith
Saturday, September 13, 2008
The Powers of RLUIPA by Judith Detert-Moriarty
Yet, RLUIPA is just such legislation.
In essence, RLUIPA favors the interests of religious institutions over the interests of their secular counterparts rather than it's original intent to p rotect religious believers who may be vulnerable to discrimination. Even if an existing zoning law (signage, historic preservation, parking, at-risk population facilities, etc.) is void of any discrimination, Congress ruled strict new scrutiny needs to be applied to city zoning regulations thus putting the burden of proving a negative (i.e. no religious discrimination) upon the city. Realistically, what cities have the financial where-with-all or tax-payer approval to spend millions proving they are not being prejudicial or discriminating? RLUIPA thus gives religious institutions special rights which other citizens, organizations, and facilities do not enjoy.
Theoretically, RLUIPA can be trumped by "health and safety" concerns, but even that was proven an abstract, dubious recourse in Janesville when it was a very valid concern with the opening of a local facility some years ago - and which remains even today. The fact so few people are even aware of RLUIPA indicates why its danger is very real.
In the past few weeks, RLUIPA has impacted Janesville yet once again when It was the city attorney's opinion that RLUIPA preempts the city from regulating church signs. Any church can threaten to sue a city under RLUIPA (and usually win) when denied anything they want while any other citizen/organization/institution has to abide by existing federal, state, and city regulations and statutes. RLUIPA gives religious landowners a SPECIAL right to challenge land use laws which t heir secular neighbors do not have. Some churches do try to abide by the law and act responsibly for their own, and the community's best interests. Others see this as a new opportunity to make lots of profit and build tax-free empires (http://findarticles.com/p/articles/mi_m1365/is_2_32/ai_77482609 ). The local issue of too-bright light from a church sign may seem very minimal but the same law has led to far more severe problems and damage done since RLUIPA became law in 2000. http://writ.news.findlaw.com/hamilton/20060126.html
When the issue of a prairie planting on a local church property arose this past summer, it was odd that the city attorney didn't also advise the City Council this was a mute question - a waste of Council time and city research - given under RLUIPA the church could plant whatever it wanted on the land even regardless of environmental considerations. It's no wonder organized churches love RLUIPA but states, cities, secular charities, historic preservationists, homeowners, and even legal experts and the courts are seriously concerned.
As one writer confronted with the reality of RLUIPA noted: "Imagine that you live in a peaceful, quiet neighborhood and that the house next door to you has just been sold. But curiously, you hear rumors that the house has not been purchased by a family or individual, but by a church of all things. Being a conscientious yet perp lexed neighbor, you walk next door to meet your new neighbors and inquire into their intentions. The church’s pastor greets you in the front yard and excitedly explains, “Yes, this is just the perfect site. ..." Read more of this article at http://works.bepress.com/daniel_lennington/1/and then realize similar and worse situations have been happening in Janesville since 2000.
RLUIPAs objective was very well intentioned. Because of it's very vague language, the consequences have been very unintentional and disturbing. RLUIPA has been affecting neighborhoods in Janesville since the day it was signed. Throughout the nation there are numerous law suits on their way to the Supreme Court where it will eventually be reviewed. While these cases make their ways through the courts, the devastation being caused across the US continues unabated.
Ultimately what the people or a community think is acceptable, and what is legal to other people and institutions, simply doesn't matter under RLUIPA. What any given church wants to do on it's land, it will be able to do because of RLUIPA protections (http://74.125.95.104/search?q=cache:vw-PYghvrEQJ:www1.law.nyu.edu/journals/legislation/issues/vol6num2/Geller.pdf+religious+land+use+and+institutionalized+persons+act&hl=en&ct=clnk&cd=29&gl=us) Today churches literally hold cities, neighborhoods, and individual families hostage to their whims.
Whenever any single institution has that much power, the people need to be informed and beware.
Thursday, September 11, 2008
Labor Day Fest, Parade, retrospect by Bob Keith
The Janesville Labor Fest is held over Labor Day weekend on the United Auto Workers grounds. I popped over there a couple times over the weekend. There are a couple simple nuances I like about it and make an event like this work, at least in my fest play book. It is a casually affair. There is no charge to get in. Parking is abundant. The various labor groups that share volunteering at the event take an unassuming approach to manning the food tent etcetera - order your burger and brat and a team of folks make it happen rather quick.
You do not have to be a union member to attend - it is open to the public. Bands come and go on the main stage throughout the weekend. There is plenty of stuff for the smaller kids to snoop around in - petting zoo etcetera. The folks at the beer tent are friendly.
The Labor Fest is linked at the hip the Labor Day Parade in downtown Janesville. Some the parade participants head out to the fest after the parade. Something I found amusing on my own behalf was the Zor Shrine Temple Camels. They walked in the parade and then gave free camel rides over at the fest grounds. I have been in Iraq twice as a writer and never saw a camel there. I found myself snapping pictures of these local camels with the rest of the folks.
This year's Labor Day Parade is the first one I stayed for the duration. Being that it was a hot day I was relieved to see some of the bands marching in light clothing like T-shirts and cargo shorts. I remember back in my band days the status quo insisting on all uniforms all the time. But those were also the days when the football team was warned against drinking too much water while at practice. Thank goodness some things do not stay the same.
I see Ol' Stan Milam from WCLO 1230 AM radio in Janesville was manning the microphone down on Milwaukee Street as the parade went by. Prattling for three hours from the hip with no co-host, and doing it to a dynamic outdoor audience is not an easy thing to do.
The New Glarus Fire Department Ladder Company is near and dear to my heart because I was on the New Glarus Emergency Medical Service for 10 years. We worked closely with their fire department. The old guard I remember on the ladder crew have been replace by their sons and nephews - did not recognize any of the new players.
Final note - The current economy, business layoffs, and pending layoffs has taken its toll on all the workers in the Janesville area. I hope the future Labor Fest and its companion parade can weather the economic storm.
Wednesday, September 3, 2008
Rock Around the Block by Bob Keith
This year's event boasted a lineup of 29 bands at eight neighboring locations in the downtown area - five bars and three outdoor stages. I arrived just as it was turning dusk. The event had already been going on for several hours. The event basically used the same general area as the Farmers' Market.
Remember the event was held on a Sunday just a weekend before Labor Day Weekend. What impressed me was - as I held my breath - the conspicuous absence of shenanigans. Police presence seemed to be minimal, even sparse. There were several vendors set up on Main Street. People were allowed to bring beer onto the street up until 9:00 p.m.
I took in the after-party Pat McCurdy session at the Looking Glass that started around the time the party outside drew to a close. Most die hards know Pat McCurdy - a Milwaukee origin self-stiled "niche singer, comic, poet, and generally musical character."
- just a political snippet. I know at least a couple small businesses whose owners sited too many bars in downtown Janesville as the last straw that finally pushed them out to outer Janesville locations. Those businesses had females and children primarily as clients. It is a hard thing when two business cultures can not coexist. I am not sure one can reconcile an economy where taverns, clubs, bars, and banks are primarily the last businesses standing in a downtown. Apparently the event went off with minimal alcohol related capers. One bar owner told me the event was, "A resounding success." It is a bitter sweet success I suspect, to a less tavern-oriented sect of our culture here.
Until next year then...