User-agent: * Allow: / Legal news, political opinion, Satire, and lawyer thinking by Tim Paynter, Attorney at Law: 2010-05-02

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Friday, May 7, 2010

Industry refuses to cowboy up to rational review, range workers at risk, so is your next lamb chop!

The Colorado Farm Bureau Says
Protection of range workers not needed

Any time an all mighty interest group opposes discussion of those they ride herd over under guise the discussion is not needed, you can be discussion is badly needed.  Did you get that?
The Colorado Immigrant’s Rights Coalition ( CIRC ) was a lead in advocating common sense discussion of the conditions of range workers. 

sheep

A range worker is a person, often of Central and South American origin, who perches himself high in the mountains tending sheep.  If you are a four wheel drive enthusiast or an alpine hiker you have likely seen some of our range workers in action.   They often live in these little wagons, cooking on an outdoor fire.  You can tell when they are home because there is usually a horse hobbled nearby, looking for the clover.

It seemed so romantic to me the first time I saw one of those wagons, I really wanted to try it.   Besides riding a horse once or twice with an old girlfriend, we called her “dirty Mary”, I know nothing about livestock or horses.  That would have been the first hurdle.  I do know about camping as it is a life-love.  Sleeping out under the stars, yes really, waking up in the wet dew of the morning, and smelling pungent sage, there is nothing like it!  There is nothing like getting a hot shower a few days later, too! 

That is when the balloon burst for me!  It is a romantic lifestyle for awhile.  After a “while” it becomes a tough life.  Shitting over a log, or in a hole, trying to get wet wood to burn, or putting up with the fumes of a hot stove in the wagon, carrying water, makeshift food and sheer isolation all turn an adventure trip into a grind.

That is not the half of it.  Many of our range workers are not fluent in English.  They don’t understand the legal system they have gotten themselves into.  They don’t understand how to ask for something as simple as a check.  When they can’t control the H2B visa documents which allow them to work in the U.S. they can’t seek jobs in kinder surroundings.  In addition to being isolated on a hill, they are isolated from society.  They are so high up in the mountains something as simple as calling home can be a major ordeal.

sheep herder wagon

Representatives from CIRC were disappointed.  They said, "The Colorado Immigrant Rights Coalition is disappointed by the defeat of HB 1407 today. We entered this process wanting to have a conversation with the herding industry that employs Colorado's range workers, to discuss potential issues and arrive at common solutions. Instead, the herding industry backed out on their commitment to an even-handed, balanced conversation.

All the bill proposed to do was create a commission.  The commission could review living and working conditions of the range workers and make suggestions.  The wording and provisions of the law were crafted by the herding industry.  It was better for the industry to police itsself than have intervention from outside entities.  Eventually, the plight of poor people will catch regulator attention and those who went along with the Farm Bureau today may wish this had been done in-house.

CIRC says, “the industry acted in bad faith, backing out of commitments and ultimately appearing to oppose this bill. We are left wondering: when an industry opposes an open, well-balanced conversation, what is really going on?

Thursday, May 6, 2010

Denver Teacher says Arizona HB 1070 is bad law! It is not fair to stereotype a person based upon his race!

Chris Sanchez
speaks about Arizona HB 1070
and racial profiling
“They (our children) are going to be
taking care of me and they are
going to be taking care of you”


Chris is part of one of the most pro-active immigrant’s rights groups in Denver, Colorado, Padres y Jovenes Unidos.  He and other adults monitored students who walked out of Denver area schools May 30th, 2010 in protest over Arizona HB 1070.  The ugly law, which was passed along party lines, Republicans for, Democrats against, requires law enforcement to detain those who they suspect may be undocumented workers.  It also makes it illegal to transport undocumented people to church and anywhere else gringos and Latinos congregate together.

 

This was an all student’s day.  The adults left it to our youth and future leaders to pull off the event.  However, Chris and many other adults were on scene to make sure our young people remained safe. 

 

Some opposition was expected but because of careful planning and tight security the word had not filtered to radical elements in time to react to the march.  No events were reported on part of the students despite hundreds of students who left early from school.

 

The schools were careful not to endorse the event.  No announcement was made over public speaker systems.  It was up to the students to pass the word and organize the walk out. 

 

While there was a tacit agreement with school administrators students would not be penalized for exercising their free speech rights, there were no guarantees.  Students who left did so because of their commitment to their belief in freedom and of the injustice of racial profiling.  Some schools refused to allow their students to leave at all.

 

Denver Public Schools ( DPS ) recently denounced Arizona and Governor Jan Brewer for passing their hate law.  The schools prohibit teacher and staff visits to Arizona pending a change in the law.  The Boulder City Council has followed suit along with hundreds of private and municipal entities throughout the nation.

 

Meanwhile, Arizona claims their law prohibits racial profiling.  They hang their hat on a phrase in the law which says the law shall not be used for discriminatory purposes.  The law, however, is silent on how one tells the difference between an “illegal alien” and everyone else.  Since most of the undocumented workers in Arizona are Hispanic in descent, citizen Latinos will logically bear the brunt in the inquiry about who is “legal”.

 

HB 1070 and Republican Jan Brewer’s law is clearly designed to advocate racial profiling.  Even if the Republicans were willing to sacrifice voting Hispanics in order to “cleanse” the land of undocumented workers, one would have to be an idiot not to see how the law will be abused.  This is especially true with abusive law enforcement teams like Maricopa County’s “Little Joe” Arpaio who prides himself on ‘rounding up’ undocumented aliens by sending battalions of storm troopers into barrios where poor Hispanics live.

 

Even conservatives oppose the law.  A woman who said she was a staunch conservative pled with right-wing talk show host Sean Hannity to be reasonable about the potential for racial profiling.  Hannity made the woman out to be a fool.  The reality is, those who buy into the conservative line which eliminates probable cause for anyone who is not fair skinned is the fool. 

 

Finally, fair minded Americans are standing up for basic beliefs of personal liberty.  A just and free people don’t allow law enforcement sweeps of 900 officers to swarm through poor areas asking for documents. 

 

As far as we know, the officers don’t pull men’s pants and underwear down arresting any man or boy who is circumcised, as happened in Nazi Germany!  Since circumcision is a practice of the wealthy, they would, of course, be looking for those who are intact, not cut.  But then we already know who the pricks are.  They tend to vote along conservative party lines!



Chris is part of one of the most pro-active immigrant’s rights groups in Denver, Colorado, Padres y Jovenes Unidos.  He and other adults monitored students who walked out of Denver area schools May 30th, 2010 in protest over Arizona HB 1070.  The ugly law, which was passed along party lines, Republicans for, Democrats against, requires law enforcement to detain those who they suspect may be undocumented workers.  It also makes it illegal to transport undocumented people to church and anywhere else gringos and Latinos congregate together.

This was an all student’s day.  The adults left it to our youth and future leaders to pull off the event.  However, Chris and many other adults were on scene to make sure our young people remained safe. 

Some opposition was expected but because of careful planning and tight security the word had not filtered to radical elements in time to react to the march.  No events were reported on part of the students despite hundreds of students who left early from school.

The schools were careful not to endorse the event.  No announcement was made over public speaker systems.  It was up to the students to pass the word and organize the walk out. 

While there was a tacit agreement with school administrators students would not be penalized for exercising their free speech rights, there were no guarantees.  Students who left did so because of their commitment to their belief in freedom and of the injustice of racial profiling.  Some schools refused to allow their students to leave at all.

Denver Public Schools ( DPS ) recently denounced Arizona and Governor Jan Brewer for passing their hate law.  The schools prohibit official teacher and staff visits to Arizona pending a change in the law.  The Boulder City Council has followed suit along with hundreds of private and municipal entities throughout the nation.

Meanwhile, Arizona claims their law prohibits racial profiling.  They hang their hat on a phrase in the law which says the law shall not be used for discriminatory purposes.  The law, however, is silent on how one tells the difference between an “illegal alien” and everyone else.  Since most of the undocumented workers in Arizona are Hispanic in descent, citizen Latinos will logically bear the brunt in the inquiry about who is “legal”.

HB 1070 and Republican Jan Brewer’s law is clearly designed to advocate racial profiling.  Even if the Republicans were willing to sacrifice voting Hispanics in order to “cleanse” the land of undocumented workers, one would have to be an idiot not to see how the law will be abused.  This is especially true with abusive law enforcement teams like Maricopa County’s “Little Joe” Arpaio who prides himself on ‘rounding up’ undocumented aliens by sending battalions of storm troopers into barrios where poor Hispanics live.

Even conservatives oppose the law.  A woman who said she was a staunch conservative pled with right-wing talk show host Sean Hannity to be reasonable about the potential for racial profiling.  Hannity made the woman out to be a fool.  The reality is, those who buy into the conservative line which eliminates probable cause for anyone who is not fair skinned is the fool. 

Finally, fair minded Americans are standing up for basic beliefs of personal liberty.  A just and free people don’t allow law enforcement sweeps of 900 officers to swarm through poor areas asking for documents. 

As far as we know, the officers don’t pull men’s pants and underwear down arresting any man or boy who is circumcised, as happened in Nazi Germany!  Since circumcision is a practice of the wealthy, they would, of course, be looking for those who are intact, not cut.  But then we already know who the pricks are.  They are the ones who voted for Arizona HB 1070 and tend to vote along conservative party lines!

Wednesday, May 5, 2010

Why the Dems are slow to act, support needed in Washington!

 

Republicans are convinced the Democratic base that allowed Obama to sway Congress on health care reform and other issues for the past term won’t show up in November when it is time to vote.  That makes Republican victory in key senate seats more likely. 

 

If the Republicans chop Democratic influence in the Senate, the chances of winning legislation backed by the Democrats will be substantially reduced.  At that point, hopes for passage of an immigration bill in the next decade could be dashed!

 

polling-station

The fringe base which put Obama into office and won critical senate seats includes single women, young people and minorities.  Republicans are betting the Democrats won’t be able to turn out the vote.  They are especially convinced the case is true if the Dems are unable to introduce and pass immigration reform.  Senate success with Democratic candidates, in Nevada with Harry Reid, in Colorado with Michael Bennet, in California with Barbara Boxer and in Florida Kendrick Meek, depend upon turning out the Hispanic vote.  Failing that, the Democratic party will likely lose some very important seats at election time.

 

Meanwhile, Republicans wish to quash efforts for financial regulatory reform and immigration reform so they can deny Democrats a victory.  The question for all of us is, will the Republicans succeed? 

 

It took nearly a year to pass health care reform.  Even if immigration reform legislation is introduced in the coming month, it is not likely to be passed before November.  If the balance of power shifts after the election, the legislation is likely to be changed so much as to not be in favor of immigrants at all.  As it is, the law has some vicious aspects to it for undocumented immigrants.

united methodist southwest conference

Pictures from Rifa Website

The object of immigration reform is not just to pass a law;  it is to pass a law that benefits immigrants.  If we cannot do that in 2010, then we must continue supporting our power base so it can be done in 2011.  We are far better off waiting a year than getting a law that provides little help at all.  Why have a watered down immigration bill that gives conservatives what they want and smashes the hopes of millions of undocumented worker in the U.S.?  Playing hard ball may get us hardly nothing.  Let’s get our Democratic power base motivated now and let’s get as many voters into the voting booths as we had show up on the May Day Rifa rally nation wide!

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Sunday, May 2, 2010

Federal police, ICE violate freedom of speech during rifa march? Intimidation through videos? Are we really free?

I had the great honor of marching around the Federal Courthouse in Denver, Colorado with the Reform Immigration For America ( RIFA ) march on May 1, 2010.  In Spanish, they call it Reform Migratoria Pro America.


050 (2)

I didn’t realize it until later but something disturbing passed at the federal court house.  There were three federal officers in front dressed for battle.  One of them had what looked like a large camera bag on his side.  It was big enough to be a small gym bag.

When the officers saw my eyeing them they came running towards me.  They were at least 50 yards away and I decided they were getting close enough.  I diverted my eyes.


early arrivals

As we rounded the corner and marched along the side of the court house I saw the officer with the large bag making a bee line for the side fence.  He was fast.  He got over the fence and stood on the curb with a steely glare.  I tried to catch his eye just to say “no offense intended”.  He didn’t make a move!

He didn’t make a move!  Third time.  He didn’t make a move!  He was frozen just like I had been frozen in place a few moments before.  I wanted to get a good video shot of the crowd.  I think we were being video taped by federal law enforcement! For what reason?

It is one thing for us to take pictures of the court house and the officers.  This was an event to remember!  It is another thing for law enforcement to take pictures of us.  I doubt it is a moment to remember.  More likely, it is information to be analyzed by the government and maybe used against us.

Freedom of speech is recognized by the First Amendment to the U.S. Constitution!  Limitations on freedom of speech are associated with repressive governments like that of Cuba.  The United States has long held Cuba to be a closed society with limitations on what can be said.  Reports from Mexican friends who have visited the island nation 90 miles off our coast tell me it is indeed a repressive government.  That is especially true when it comes to freedom of speech and freedom of religion.  Most communist governments are not fans of religion.

Some question, if we are in a public place don’t we all have the right to take pictures and videos?  Legally, yes. 

If that is the case, why is it wrong for ICE or the Federal police to take picture?  Why is that a limitation to freedom of speech? 

Because, without a legitimate reason to take the videos, like a threat of harm, taking videos of a peaceful march is nothing short of intimidation.  Despite having over 15,000 at the march on Saturday, there were many who did not show up out of fear the U.S. government would take pictures.  They don't want to put family members, friends or even themselves are risk. 

When our government intimidates us and makes us afraid to speak out then we become a closed society like Cuba!  Marching and chanting are forms of speech.  When we are afraid to march because we are afraid of intimidation then the Government has limited our ability to speak.  The same thing has happened with sheriff "Little Joe" Arpaio in Maricopa County in Arizona.  He uses the power of his office to silence negative press.

That has been the problem with immigration reform from the start.  After 911, people have been afraid to speak out!  Those who bash immigrants have had the bully pulpit.  For years, the arguments for and against immigration reform were one sided, all against.  Immigrants have been demonized unfairly.  The average "main stream" American has idea no idea why immigration reform is needed or what the Comprehensive Immigration Reform ( CIR ASAP ) proposal entails. 

In addition to freedom of speech, we have a right to freedom of association under the Universal Declaration of Human Rights!  Under the theory of freedom of association, we have the right to associate with other people to further a cause.  The Declaration, an international agreement, was signed by the United States.  We are obligated to support it’s principals.  Freedom of association and the freedom of assembly is also contained in the First Amendment to the U.S. Constitution!  If I want to march with my Latino brothers in solidarity then I should not be intimidated by Federal police from doing so.

Turn off your cameras, ICE.  Why are you trying to intimidate us?  A free government will not silence us.  A totalitarian government will.  Of course, the government is not likely to admit it is taking videos of us.  That is why we have the Freedom of Information Act. ( FOIA ).  Presumably, in a free government, we should be entitled to information collected by our government.  Personally, I think a request for a copy of any video taken should be filed forthwith.  Maybe I am bitching for nothing.  Maybe I am not!