Tuesday, August 28, 2007

Jail for Fixing up His Property

Herewith a cautionary tale of letting Democrats rule unchecked. It comes from the Daily Breeze ("LAX to L.A. Harbor") in California.

Methinks, me friends, it's time for Conservatives to take up the cry: "Power to the People."

For Democrats, the cry is: "Power to the Government."

-Lunch

Man Gets Jail Time for Property Fixes

He built a fence, a retaining wall, a patio and a few concrete columns to decorate his driveway, and now Francisco Linares is going to jail for it.

By Megan Bagdonas
Staff Writer Daily Breeze August 28, 2007

Francisco Linares had been given six months to get final permits for the offending structures or remove them as part of a plea agreement reached in January, when he pleaded no contest to five misdemeanor counts of violating the Rolling Hills Estates building code.

On Monday, Torrance Superior Court Judge Sandra Thompson chastised the Farmers Insurance district manager for not completing what he agreed to do in January, then handed him the maximum sentence without possibility of house arrest or probation.

"I'm not scared," Linares said about spending time in jail. "It's just very unfair."

Richard Hamar, Linares' attorney, said he has never heard of anything like this.

"We're talking about fixing a fence that was on city property," he said. "He didn't build a Las Vegas casino. You put a guy in jail for six months because he repaired the city fence?"

The 51-year-old bought the nearly 1-acre property in 1998. After building a 3,000-square-foot French-style home, he began landscaping.

When Linares asked the city to repair the white three-railed fence behind his house, he was told it was on his property and his responsibility. So he replaced the termite-infested planks himself. Then the city reversed itself and said Linares had illegally built the fence on city property.

In October 2004, the city charged Linares with three misdemeanors: for not taking down the fence, having a retaining wall built higher than a 2-foot restriction and for erecting stone columns without a neighborhood compatibility analysis. Later inspections found eight other violations, including a lack of permits for plumbing and grading.

"He's had a couple of years to correct the problems," said Dean Pucci, a Fullerton attorney contracted as the city's prosecutor.

Linares lives in the house with his wife and three daughters. He contends that he didn't remove the structures because he believed the permits would be approved.

At the sentencing, Hamar said his client was a good Christian man who has never committed a crime and who worked diligently - 142 hours - to try to resolve the issues with the city.

And the only reason he was not able to complete the stipulations of the plea agreement, he said, was because of the city's confusing building codes and negligence in rendering a decision on his permit applications.

"We established that he did everything that was humanly possible to comply. And the un-rebutted evidence is that (the city) hasn't ruled on the permits," Hamar said. "To … do something as harsh as put a good man in jail for six months, you got to look at the impact on society. What will society gain if you put this man in jail?"

The prosecutor, however, said, "In virtually every city in every county a violation of the municipal code is a crime." [NB: In virtually every city in every county a violation of the municipal code is a civil matter, not "a crime." - Lunch]

Hamar said he plans to appeal.

"I'm praying that there will be an appeal and that my dad won't be sentenced to jail," said daughter Vanessa Linares, 18. "My dad is the backbone of our family. How would we be able to hold up if he's not here?"

http://www.blogger.com/megan.bagdonas@dailybreeze.com

Friday, August 24, 2007

I Just KNEW It Was Them Damn Meese All Along

GLOBAL WARMING FEARS
NB: The following news item is from Germany's Der Spiegel, so we mustn't quibble if it's dribble. Just eat your peas and shut up, bitte.
- Lord Lunch
Norway's Moose Population in Trouble for Belching

The poor old Scandinavian moose is now being blamed for climate change, with researchers in Norway claiming that a grown moose can produce 2,100 kilos of carbon dioxide a year -- equivalent to the CO2 output resulting from a 13,000 kilometer car journey.

Now poor moose are being blamed for global warming.

DPA - Now poor moose are being blamed for global warming.

Norway is concerned that its national animal, the moose, is harming the climate by emitting an estimated 2,100 kilos of carbon dioxide a year through its belching and farting.

Norwegian newspapers, citing research from Norway's technical university, said a motorist would have to drive 13,000 kilometers in a car to emit as much CO2 as a moose does in a year.

Bacteria in a moose's stomach create methane gas which is considered even more destructive to the environment than carbon dioxide gas. Cows pose the same problem (more...).

Norway has some 120,000 moose but an estimated 35,000 are expected to be killed in this year's moose hunting season, which starts on September 25, Norwegian newspaper VG reported.

Thursday, August 23, 2007

Perfect Transport Solution for Those 'That Care'

We know environmentalists often ride bicycles and I can see why bicycles suit them. The bicyclist is the exalte' of the road. The bicyclist is neither a pedestrian nor a driver. He cycles where he damn well wants to, on the sidewalk or on the street. He flashes by with his posterior in the air. Neither stop signs nor speed limits impede him -- and he is environmentally beneficent. Automobiles have to give him a wide berth and pedestrians leap aside as he pedals past. Environmentalists adore bicycles.

So the bicycle seems to be the ultimate green vehicle.

Yet I have yet another environmentally friendly vehicle to commend to our Democratic friends. Consider the Pogo Stick. It would certainly keep the candidates in the news. It is as independent of fossil fuel as the bicycle and frankly a hell of a lot of fun. Hillary would be a tremendous hit on a Pogo Stick and all the other candidates would dutifully follow. It would put bounce into their campaigns. The Secret Service might fear for the effectiveness of its officers, but what the hell. We are talking about preventing environmental nightmare. I pass on.

Excerpted from musings of R. Emmett Tyrrell, Jr.

Wednesday, August 22, 2007

Idiot Watch

I Declare . . . This Makes Me Upchuck!

Legal News from Scotsman.com News

AN INDEPENDENT THINKER

LORD (Angus) Glennie, 56, a Cambridge graduate, has shown a strong independence of mind since being elevated to the Bench in 2005.

He gave early indications of being his own man when faced with one of his first criminal cases. A man accused of serious assault had jumped bail and failed to turn up for trial. It took police more than three years to trace him. Lord Glennie agreed with defence lawyers the man's right to have the case heard within a reasonable time had been violated by the delay, and ended the prosecution.


-- August 22, 2007 The Scotsman.com News

Thursday, August 9, 2007

Bloody Hell!

Copyright collectives!


Ya' need 'em in this the 'biz of music. But their time in the sun has been too long. Most of them have turned more than a bit rum, if you get my drift, which you would if you snift. An unrefrigerated carcass is a devil-made thing to lure our guild's buzzards and vultures to hell.


Big Reform is the order of the day. And another day, when my man Bix is around to top my glass, I'll expound.


(Damme, I gave Bix the week to bask at Clacton-on-Sea -- a stretch of Essex sand set aside for calloused classes -- forgetting I gave him a week last March for a legover at the Union of British Gentlemen's Gentlemen do in Blackpool. Two weeks holiday in one year! I shall remember come Boxing Day. His old mum down Ealing way shall have to be content with a phone call this year.)


Where was I?


Yes, copyright collectives. I refer to MCPS / PRS / BMI / ASCAP/ SESAC / PPL / VPL / JLO (and so on through the alphabet ad infinitum) - the lot that levies royalties (e.g. taxes on the little people) o/b/o those of us touched by the creative muse.


Admittedly, I'm provincial. Oh, staunchly pro-Empire, don't get me wrong. But a Little Englander when it comes to fretting about fuss and feathers flying beyond my own bailiwick, Hamsammich Castle and environs. Hence, doings in lesser colonies, like Canada, sometime elude.


Parenthetically, I am awake to copyright matters in America. One must be awake to what happens there, for the self-styled USA is our noisiest colony.


(As my peers of long standing know and applaud, I DO NOT accept the legality of rebellion against the Crown, and therefore view America's claim to independence as a childish fantasy we must tolerate 'til they outgrow it.)


Where am I? Ah.


So, Bix-lessly I browse my reading matter today, turning pages myself, and stumble across dear Michael Geist's blog. (He's that bright young Canadian solicitor who dabbles in thinking, unlike most of his breed.)


In his most excellent post (in which I was horrified to learn the Canadian Copyright Board thinks to defy a contrary ruling from the Court of Appeal and levy a C$75 tax on the sale of every I-Pod to benefit so few to the detriment of so many), he says the following:



The copyright collective system was designed to pave the way for paying creators and facilitating access to copyrighted works. With 34 Canadian copyright collectives, a prohibitively expensive litigation process that excludes many interested parties, price-distorting fees such as the private copying levy, questions about the fairness of royalty distribution, and a Copyright Board that seemingly places its views above the courts, changes to the system appear to be long overdue


Source: Michael Geist - Ipod Levy May Yet Face The Music


Thirty-four copyright collectives? !!! !!! ??? !!!


Are they daft? Are there that many Creative Canadians?


What is this vast but barely populated hodge-podge of amusingly named provinces doing with 34 bloody copyright collectives?


Where is Mrs. Thatcher when we need her?


I'd go on, dear reader, but I'm drained. You know how tiresome it is when the servants are below (or at Clacton!) having their crust, those hallowed times when manners and custom dictate we daren't disturb them.


So, 'til next I stir, toodles.


Lord Lunch

Hamsammich Castle

Worcestershiresauce, England