City in Orange County Will Vote to Defy California’s ‘Sanctuary State’ Law

Sanctuary StateThe city council of Los Alamitos, in Orange Country, will vote Monday on whether to defy SB 54, the State of California’s “sanctuary state” law, which passed last year and went into effect January 1.

SB 54, officially known as the “California Values Act,” restricts state and local cooperation with federal immigration enforcement authorities. It is one of three “sanctuary state” laws that is being challenged by the U.S. Department of Justice on constitutional grounds.

According to legal experts, it is the only one of the three laws that has a chance of surviving. However, Los Alamitos is not waiting for the courts to rule.

The Orange County Register notes:

The state law, which took effect Jan. 1, “may be in direct conflict with federal laws and the Constitution of the United States,” reads the proposed local law.

Stating that council members have taken an oath to defend the U.S. Constitution, the ordinance says the council “finds that it is impossible to honor our oath to support and defend the Constitution of the United States” and at the same time be in compliance with the new state law.

Supporters of the proposed city ordinance say that the city council members took an oath to defend the Constitution when they assumed their local offices, and that their duty supersedes the state legislature’s effort to resist federal immigration law.

However, critics say that the state law does not conflict with the Constitution.

Orange County has traditionally been a conservative stronghold, but the county was won by Hillary Clinton in 2016, and Democrats hope to build on that showing to unseat several Republicans in the U.S. House this year.

The Los Alamitos ordinance is one of several efforts by conservative regions of the state to chart a different path from the Democrat-dominated state government. The State of Jefferson and the New California movements are both efforts to withdraw from California as its “resistance” to the Trump administration intensifies.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He was named to Forward’s 50 “most influential” Jews in 2017. He is the co-author of How Trump Won: The Inside Story of a Revolution, which is available from Regnery. Follow him on Twitter at @joelpollak.

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Trump Steps Up Attacks On FBI

President Trump on Saturday celebrated the abrupt firing of Andrew McCabe from the FBI as a “great day for Democracy” and a victory in his battle with the special counsel leading the Russia investigation that has overshadowed the White House.

But Trump’s problems with McCabe may be just beginning.

Unleashed by his Friday night dismissal, the former FBI deputy director issued a furious rebuttal — and made clear he kept contemporaneous memos that support former FBI Director James B. Comey’s claims that Trump pressed him to call off at least part of the Russia probe — accounts Trump has denied.

Brusque firings and sudden resignations have become a blood sport in the Trump era, with the president stoking the chaos with scornful tweets. Trump unceremoniously fired Secretary of State Rex Tillerson with a Twitter post Tuesday, and White House officials last week warned that national security advisor H.R. McMaster is on his way out. …

Click here to read the full article from the L.A. Times

Prop. 57: Judicial Depravity in California

Police tapeIn November 2016, California voters passed Proposition 57, the Public Safety and Rehabilitation Act. Championed by Governor Jerry Brown, the measure expanded parole possibilities for nonviolent offenders and barred prosecutors from filing juvenile cases in adult court. Last month, California’s Supreme Court ruled that Proposition 57 could be applied retroactively. On those grounds, California’s Third Court of Appeals “conditionally reversed” the conviction of one of the most violent criminals in state history and expanded his prospects for early release.

Daniel Marsh was just 15 on April 14, 2013, when he broke into the Davis home of 87-year-old Oliver “Chip” Northup, an attorney and popular bluegrass musician, and his 76-year-old wife, Claudia Maupin, a pastoral associate at the Davis Unitarian Church, where the couple met. A police report said that the two were killed “in a way that manifested exceptional depravity,” which was no exaggeration. The autopsy report runs 16 pages and 6,658 words, noting that the murderer stabbed Maupin 67 times and Northup 61 times. Marsh disemboweled both victims; he placed a cell phone inside the corpse of Maupin and a drinking glass inside Northup.

In his lengthy interview with police, Marsh said that Maupin told him to “please stop.” Marsh kept on stabbing because “she just wouldn’t die.” The stabbing “just felt right,” and the double murder and mutilations, Marsh said, “felt amazing,” gave him “pure happiness,” and “the most exhilarating enjoyable feeling I’ve ever felt.” He inserted the phone and glass to throw investigators off track, and when police accused him of the murders, his first response was “I’m a kid.” Marsh’s public defender sought to have the confession tossed, but Judge David Reed rejected that bid. Marsh then offered an insanity defense, bringing in expert witness James Merikangas, a psychologist and neurologist, who claimed that Marsh was in a “dissociative state” when he killed.

Prosecutors Michael Cabral and Amanda Zambor made the case that Marsh was sane at the time of the murders; a Yolo County jury agreed, and in December 2014, Judge David Reed sentenced Marsh to 52 years to life in state prison. The killer received an additional year for use of a knife, but got no extra time for lying in wait or committing torture. The double murderer, now 20, would be eligible for parole after 25 years, when he would be in his early forties.

On February 1, 2018, the California Supreme Court addressed the case of Pablo Lara, a juvenile charged with kidnapping and raping a seven-year-old girl. The court ruled that Proposition 57 “applies retroactively,” because “the possibility of being treated as a juvenile in juvenile court — where rehabilitation is the goal — rather than being tried and sentenced as an adult can result in dramatically different and more lenient treatment.” Proposition 57 “reduces the possible punishment for a class of persons, namely juveniles,” and therefore, the court ruled, Proposition 57 “applies to all juveniles charged directly in adult court whose judgment was not final at the time it was enacted.”

On February 22, the Third Court of Appeals ruled that the case of Daniel Marsh “was not fully briefed until July 2017.” Therefore, “this initiative applies retroactively to defendant’s pending appeal, and that we must conditionally reverse for proceeding in juvenile court.” So all that painstaking work by Cabral and Zambor has been set aside by a three-judge panel headed by Kathleen Butz, an appointee of Governor Gray Davis. Also on the panel was Jerry Brown appointee Cole Blease, former attorney for the California Teachers Association. The appeal ruling does not name Northup and Maupin, the victims of the savage and pointless murder.

A proceeding will determine if Marsh was indeed suitable for trial in adult court. If so, the court will restore Marsh’s conviction for the two murders. If not, he will be re-sentenced as a juvenile and face a maximum punishment of incarceration until age 25. Whatever one chooses to call it, the proceeding is clearly a new trial for a sadist who has never shown the slightest remorse for his savage actions. In 2014, when the court declined to toss Marsh’s detailed confession, Maupin’s daughter Victoria Hurd said that the decision “restores faith in humanity in the midst of this depravity.” In 2018, when Hurd got word of the reversal, she told the Sacramento Bee: “This is so wrong. It’s come barreling back into our presence.”

Marsh is not the only shut-and-open case in the Proposition 57 pipeline. According to California’s attorney general, there were 71,923 juvenile arrests in 2015, 29.7 percent of which were for felonies. Five hundred and sixty-six juveniles were tried in adult court, and 88 percent were convicted. YOUNG MAN CONVICTED IN 2014 MURDER WANTS NEW TRIAL AFTER PROP. 57 PASSES, read a headline in the San Diego Union-Tribune about Kurese Bell, convicted of murder at age 17. PROP. 57 COULD TURN BACK TIME FOR MINORS CHARGED WITH MURDER, the Lompoc Record announced.

As with the case of Daniel Marsh, these judicial reconsiderations will have nothing to do with potentially exculpatory evidence or errors in trial; they are politically and ideologically driven attempts to overturn legal and proper verdicts. Relatives of Claudia Maupin, Oliver Northup, or other victims have good reason to see these efforts as perverse, even depraved.

Dianne Feinstein Blocks Self-Driving Car Deregulation

Dianne FeinsteinSenator Dianne Feinstein (D-CA) smacked down her former Silicon Valley allies this week by blocking a federal deregulation that would have expedited the testing of self-driving cars.

Feinstein, as a 25-year California Democrat incumbent and the ranking minority member of the Senate Judiciary Committee used her prerogative to block the “AV START Act,” which would have set up a friendly federal transportation regulatory structure to circumvent local restrictions for testing autonomous (self-driving) cars on America’s public roads.

Proponents of the bill thought they had bipartisan Congressional and White House support to expedite passage, due to the all-out efforts from hundreds of lobbyists representing 64 Silicon Valley companies, including big venture capital back start-ups and tech giants such as Alphabet, Apple, Tesla, and Uber.

Intel and Strategy Analytics presented an economic white paper in support of the federal takeover that forecast autonomous vehicles would generate $4 trillion from ride-hailing and $3 trillion from delivery and business logistics by 2050.

An analysis of U.S. Patent and Trademark Office data presented by L.E.K. Consulting revealed that American companies since 2007 have filed over 2,118 autonomous vehicle technology patents. Many filings are for Lidar laser sensors, vehicle-to-vehicle communication, image processing, computer vision, and advanced driver-assistance.

With a similar bill unanimously passing the House of Representatives in September, the Senate version was introduced on September 28 and moved through the Senate Committee on Commerce, Science, and Transportation on November 28.

For her first 24 years in the U.S. Senate, Feinstein was viewed as a tireless advocate for Silicon Valley tech initiatives. But on November 1, Feinstein, threatened Silicon Valley executives that Congress would do something about foreign interference in elections through social media, if the tech industry failed to act.

Feinstein told general counsels from Facebook, Google, and Twitter at a Senate Hearing: “I must say, I don’t think you get it.” She argued that tech company platforms were responsible for foreign powers being able to use cyber-warfare during the 2016 presidential election to sow conflict and discontent all over the country.

Democrat Silicon Valley Congressman Ro Khanna told the San Jose Mercury News that the 85-year-old Feinstein, as the oldest member of the U.S. Senate, does not represent progressive values on key issues including privacy, encryption, “Medicare for All,” and the new innovation economy.

Feinstein was also humiliated at the California Democrat Party Convention in late February, when she only received endorsement support for a fifth term from 37 percent of delegates; while California State Senate majority leader Kevin de León won 54 percent.

It is unclear if Senator Feinstein deliberately retaliated against Silicon Valley and its social justice warrior fellow travelers for failing to support her re-election effort. But Feinstein did rally several senior Democratic Senators, who now claim self-driving car technology is too unproven for a national roll-out through a federal takeover.

Feinstein’s opposition to allowing national driverless car tests carries extra Congressional weight, since the State of California has allowed testing on public roads since September 2014.

What had seemed like at least an easy victory for Silicon Valley now is rated at just a 32 percent chance of enactment, according to Skopos Labs.

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New Bullet Train Woes Cause Fresh Headaches for Democrat Gubernatorial Candidates

High speed rail constructionThe March 9 release of the first updated business plan in two years for the state’s high-speed rail project could sharply intensify the pressure on Democratic gubernatorial candidates who back the project to explain their support.

The Republican candidates – Assemblyman Travis Allen of Huntington Beach and Rancho Santa Fe businessman John Cox – reflect the GOP consensus that the project is a boondoggle that’s unlikely to ever be completed. But the major Democratic hopefuls – Lt. Gov. Gavin Newsom, former Los Angeles Mayor Antonio Villaraigosa, state Treasurer John Chiang and former Superintendent of Public Instruction Delaine Eastin – have all indicated they would continue with rail project, albeit with little of the enthusiasm shown by present Gov. Jerry Brown.

While the new business plan was depicted by the California High-Speed Rail Authority’s new CEO, Brian Kelly, as a constructive step toward salvaging the project, the plan’s key details were daunting:

The estimated cost of the project, which has yo-yoed from $34 billion to $98 billion to $64 billion, changed once again. The business plan abandoned the previous $64 billion estimate for an estimate of $77 billion – accompanied by a warning that the cost could go as high as $98 billion.

Even at the lower price tag, the state didn’t have adequate funds to complete a first $20 billion-plus bullet-train segment linking populated areas. The present plan for a Central Valley route has an eastern terminus in a remote agricultural fieldnorth of Shafter. That’s because the $9.95 billion in bond seed money that state voters provided in 2008 has only been buttressed to a relatively slight degree by additional public dollars from cap-and-trade pollution permits.

The business plan cites the possibility of additional federal funds beyond the $3.3 billion allocated by Washington early in the Obama administration. It doesn’t note, however, that domestic discretionary spending has plunged in recent years amid congressional concern about the national debt blowing past $20 trillion.

The business plan also promotes the possibility of outside investors. It doesn’t mention that such investors have passed on the project for years because state law bars the California High-Speed Rail Authority from offering them a revenue or ridership guarantee.

From 5 years behind schedule to 10 years behind

The initial operation of a bullet-train link serving California residents went from five years behind schedule, in the estimate of the Los Angeles Times, to 10 years behind schedule. The business plan said the project would begin operations no sooner than 2029.

The potential immense cost overrun of the bullet train segment in the mountains north of Los Angeles was fully acknowledged for the first time. A 2015 Times story laid out the “monumental” challenge.

Democratic candidates to succeed Brown have chosen to focus on housing, single-payer health care, immigration and criticism of President Donald Trump in most early forums and campaign appearances. But front-runners Newsom and Villaraigosa in particular seem likely to be pressed on how they can square their claims to be experienced, tough-minded managers with support for a project which seems less likely to be completed with every passing year.

Proposition 70 on the June primary ballot also will keep the bullet train on the campaign’s front burner, to some extent. It was placed on the ballot as part of a 2017 deal cut by the governor to extend the state’s cap-and-trade program until 2030. If Proposition 70 passed, it would require a one-off vote in 2024 in which cap-and-trade proceeds could only be used for specific needs with two-thirds support of each house of the Legislature. Republicans may be able to use these votes to shut off the last ongoing source of new revenue for the high-speed rail project.

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California considers lower taxes on legal pot to compete with black market

Alarmed that California’s fledgling legal marijuana industry is being undercut by the black market, a group of lawmakers proposed Thursday to reduce state taxes for three years on growing and selling cannabis to allow licensed sellers to get on their feet.

With many California license holders claiming they can’t compete because of high state and local taxes, the new legislation would cut the state excise tax from 15% to 11% and suspend a cultivation tax that charges $148 per pound.

“Criminals do not pay business taxes, ensure consumers are 21 and over, obtain licenses or follow product safety regulations,” said Assemblyman Tom Lackey (R-Palmdale), one of five legislators pushing the bill. “We need to give legal businesses some temporary tax relief so they do not continue to be undercut by the black market.”

California voters approved the 15% tax when they passed Proposition 64 in 2016, allowing legal growing, distribution and sales of marijuana for recreational use and requiring state licenses for the continued sale of pot for medical purposes. License holders began growing and selling pot on Jan. 1. …

Click here to read the full article from the L.A. Times

Caltrain in Desperate Need of a State Audit

CalTrainThe State Legislature recently approved on a bipartisan basis, an Audit of the High Speed Rail Authority. The Legislature also needs to authorize an audit of Caltrain, the Bay Area commuter line.

Caltrain is exhibiting extreme incompetence and has wasted millions of dollars of public funds. If ever a public agency needs to face an audit, it is Caltrain.

Nobody wants Caltrain to fail. Caltrain provides a valuable commuting option to jobs, for workers on the peninsula. Recent events certainly would lead one to forecast that failure is where Caltrain is now headed.

At the Caltrain board meeting (3/1/2018), Caltrain authorized a new contract which they hope will salvage the Positive Train Control (CBOSS) disaster. It is truly amazing how Caltrain has managed to make so many bad decisions to implement this Federally mandated project.

For many years, Caltrain has been warned that CBOSS was headed in the wrong direction. A record documenting this history can be found in the blog of Clem Tillier.

Clem has for years been campaigning for a reset on CBOSS pointing out repeatedly its problems and forecasting its demise.

The signing by Caltrain of a new contract with a different vendor at this meeting to implement a new PTC project, finally after years of delay and incompetence, kills CBOSS as previously envisioned.

Clem predicts the cost in wasted dollars will be $150 million; I suspect the final bill will be much higher. Numerous delays have been involved; it is now quite possible that Caltrain may have to stop service at the end of this year, because Caltrain will not be able to meet the Federally mandated deadline that PTC be operational on its tracks by then.

The Staff report on the project and discussion took over 1 hour. How staff can deliver such a presentation and not really admit any fault of Caltrain in the CBOSS failure, but blame it on others, is amazing.

(It should be noted in comparison, that MetroLink down south, with over 500 miles of tracks, implemented PTC by 2016 at a final cost of around $200 million. Caltrain has failed thus far with implementation of PTC and will have spent at least $350 million. This is for only 50 miles of track)

Caltrain is now starting on an over $2 billion electrification project. The cost has doubled in the last 3 years and continues to balloon. It has just been announced another over $200 million escalation in cost to procure more EMUs)

With this past history, how can the public have any confidence that Electrification will succeed and provide the service they claim? Caltrain recently pushed the timeline for completion, out from 2020 to 2022.

Current CEO Jim Hartnett was a political appointment to lead Caltrain. Hartnett’s background, is he was an ex-Mayor of Redwood City. He possessed none of the required qualifications in experience or education involving rail operations that were deemed necessary during the search to replace the former CEO, Scanlon. Hartnett’s compensation of over $500,000 annually is grossly excessive when compared to other rail or transportation executive positions.

State Senator Jerry Hill is leading an effort for a sales tax ballot measure shortly to provide a subsidy of around $100 million annually, for Caltrain’s operations. The recent history of Caltrain’s operations should lead the voters to say NO to such a measure? Changes at Caltrain need to be made.

A State audit of Caltrain and its operation, by the non-partisan State Auditor, is sorely needed.

Founder of DERAIL, The original Grass Roots group opposing the High Speed Rail project.

This article was originally published by Fox and Hounds Daily

Appeals Court Upholds Texas Ban On Sanctuary Cities

A federal appeals court Tuesday upheld the bulk of Texas’ crackdown on “sanctuary cities” in a victory for the Trump administration as part of its aggressive fight against measures seen as protecting immigrants who are in the U.S. illegally.

The ruling by a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans allows Texas to enforce what critics call the toughest state-level immigration measure since Arizona passed what critics called a “Show Me Your Papers” law in 2010.

The law allows police officers to ask people during routine stops whether they’re in the U.S. legally and threatens sheriffs with jail time for not cooperating with federal immigration authorities.

The ruling comes a week after the U.S. Justice Department — which had joined Texas in defending the law known as Senate Bill 4 — sued California over state laws aimed at protecting immigrants.

“Dangerous criminals shouldn’t be allowed back into our communities to possibly commit more crimes,” Republican Texas Attorney General Ken Paxton said in response to the decision. …

Click here to read the full article from CBS

Oakland Unified Besieged by Skyrocketing Pension Costs, Declining Enrollment

OaklandIt’s been a tumultuous era in Oakland. The Police Department has been enmeshed in an ugly scandal surrounding officers’ involvement with an underage sex worker that led to an officer’s suicide, firings and turnover in the chief’s office. City Hall was unable to prevent the Oakland Raiders from agreeing to move to Las Vegas. And in the past month, Mayor Libby Schaaf has engaged in a high-profile war of words with President Donald Trump and Attorney General Jeff Sessions over her opposition to federal immigration control efforts in her city.

But now Oakland is also wrestling with a painfully familiar story: financial turmoil in local schools. The state took some of Oakland Unified’s autonomy in 2003 after the Legislature approved an emergency $100 million loan to the then-reeling district. With $40 million of the loan still unpaid, the state continues to oversee district spending, though with a smaller role. Now there are new indications that even Oakland Unified’s limited autonomy could disappear for another long stretch as school officials struggle to make ends meet yet again.

In recent months, district officials had to approve what were described as “emergency” $9 million cuts in the district’s $521 million general fund 2017-18 budget and to authorize potentially greater reductions in 2018-19 as well. The cuts were widely denounced in public meetings as unnecessary and indicative of poor management.

This criticism has been buttressed by the Fiscal Crisis Management Action Team (FCMAT), the state agency that works with struggling school districts. In an August report, FCMAT warned that a “fiscal emergency” loomed if Oakland Unified officials didn’t quit spending reserve funds to cover budget shortfalls. FCMAT depicted the Oakland school board as irresponsible for approving cumulative raises for teachers of 14.5 percent in the 2014-15, 2015-16 and 2016-17 school years in a three-year span in which the cost of living went up by less than 2 percent. These pay hikes were the biggest drain on district reserves.

Oakland board members brought more criticism on themselves in January when they approved 5 percent pay raises for themselves. While the total amounts were small – $39 per board member per month – San Francisco Chronicle columnist Otis Taylor Jr. wrote that district students and parents were appropriately “livid” about the salary boost at a time when schools often lacked funds for basics like toilet paper.

A recent East Bay Times analysis suggested there was plenty of blame to go around for Oakland Unified’s fiscal headaches. It largely absolved district Superintendent Kyla Johnson-Trammel, who took over in January 2017, noting her predecessor had failed to follow through on plans to lay off 42 employees because declining enrollment had left the district with less than 37,000 students. Since enrollment directly determines how much state aid comes to districts, well-run districts usually reduce employees when enrollment drops. With enrollment down 33 percent from its 1999 peak of 55,000, Oakland Unified has thus faced constant pressure to downsize.

Pension costs grow 132% per teacher by 2020

But information distributed by the district before Oakland Unified trustees approved the recent $9 million in cuts pointed to another budget culprit – one that is hammering districts statewide. That is the bailout of the California State Teachers’ Retirement System approved by the Legislature and Gov. Jerry Brown in 2014. It phases in an 80 percent increase in annual contributions to CalSTRS from fiscal 2014-15 to fiscal 2020-21 – going from $5.9 billion a year to $10.9 billion.

More than two-thirds of this additional cost must be borne by local school districts. In 2014-15, they were required to pay 8.25 percent of teacher payroll to CalSTRS. Beginning in fall 2020, that amount will be 19.1 percent – a 132 percent increase in per-teacher pension funding obligations. Even in districts with high numbers of English-language learners – which receive additional funding under the Local Control Funding Formula, a 2013 state law – pension obligations have created major headaches.

School Services of California – a consultant which advises a large majority of the state’s 1,000 school districts – estimated last July that at least 280 districts would struggle to pay bills in the 2017-18 school year. A San Jose Mercury-Newsanalysis at the time suggested that the just-ended 2016-17 school year might be looked back on in 10 years “as the last good year in recent times for public education.”

The August 2017 FCMAT report on Oakland Unified raised additional concerns about why the district would struggle with its finances in coming years beyond inadequate funding. FCMAT faulted the district for inadequate internal budget controls, for allowing significant expenditures without board approval and for inadequate training of officials with budget responsibilities.

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When do We Finally Say ‘No’ to Tolerating the Damage and Chaos of Homelessness?

What’s the best way for a free country to make decisions about how to spend tax money?

One way to do it is to hold elections to choose public officials who will make decisions on behalf of the people who elected them, then hold a fully public process to create budgets and appropriate the money that taxpayers are required to hand over.

Another way to do it is to find the people in society who are totally unable to manage their own lives and put them in charge of public spending.

That’s how we do it in California.

Our government at all levels has accepted the argument that the moment people self-identify as having “nowhere else to go,” they acquire a civil right to pitch a tent and live on public property ansanfranciscohomelessywhere, including streets, sidewalks, plazas, parks, stormwater channels and freeway embankments.

Then it’s your responsibility as a taxpayer to pay whatever it costs to mitigate the damage and clean up the chaos.

The cost is rapidly becoming incalculable, from the $17 million needed by the L.A. Bureau of Sanitation for homeless encampment cleanups, to the staggering damage from wildfires caused by cooking in the midst of dry brush, to the catastrophic toll of a hepatitis A epidemic that took 20 lives in San Diego and put hundreds of people in the hospital.

Taxpayers in Orange County are paying for month-long motel vouchers for hundreds of people as the price of reclaiming the intended public use of the Santa Ana River trail. It’s not clear what will be different in a month, but that was the deal reached in the courtroom of U.S. District Judge David O. Carter. He was involved because attorneys for seven homeless people filed a federal lawsuit alleging that their civil rights were violated by the eviction from the huge encampment.

Judge Carter personally walked the river trail with county and city officials to see the problem first-hand, and he acknowledged that the offer of shelter would be rejected by many. “Some who want to wander will wander,” he said.

Justice William O. Douglas said something similar in 1972, when the U.S. Supreme Court threw out a vagrancy law in Jacksonville, Florida. This was the text of Jacksonville’s ordinance:

“Rogues and vagabonds, or dissolute persons who go about begging, common gamblers, persons who use juggling or unlawful games or plays, common drunkards, common night walkers, thieves, pilferers or pickpockets, traders in stolen property, lewd, wanton and lascivious persons, keepers of gambling places, common railers and brawlers, persons wandering or strolling around from place to place without any lawful purpose or object, habitual loafers, disorderly persons, persons neglecting all lawful business and habitually spending their time by frequenting houses of ill fame, gaming houses, or places where alcoholic beverages are sold or served, persons able to work but habitually living upon the earnings of their wives or minor children shall be deemed vagrants and, upon conviction in the Municipal Court shall be punished as provided for Class D offenses [90 days imprisonment, a $500 fine, or both].”

The law was “unconstitutionally vague,” Douglas wrote for the court in Papachristou v. City Of Jacksonville, criminalizing activities that “by modern standards are normally innocent.”

The justice defended night walking. He wrote that in his personal experience, “sleepless people often walk at night, perhaps hopeful that sleep-inducing relaxation will result.”

Douglas also cited poets as authority to throw out Jacksonville’s ordinance. “Persons ‘wandering or strolling’ from place to place have been extolled by Walt Whitman and Vachel Lindsay,” Douglas wrote, “They are embedded in Walt Whitman’s writings, especially in his ‘Song of the Open Road.’ They are reflected, too, in the spirit of Vachel Lindsay’s ‘I Want to Go Wandering.’”

And that’s federal law now, if you’re wondering how we got where we are today.

No matter how much money we choose to spend on services or housing — and the tax increases are stacking up — the public has no right to demand that people get off the streets. We’ll pay for the services and housing and still have to pay for the damage and the chaos.

Eventually some city or county official will have the courage to reject a settlement in one of these lawsuits, and he or she will fight all the way to the Supreme Court in defense of the public’s right to preserve public spaces for their intended use.

By then, five of the justices may recognize that Walt Whitman didn’t write “Song of the Open Sewer.”

This article was originally published by Fox and Hounds Daily

olumnist and member of the editorial board of the Southern California News Group, and the author of the book, “How Trump Won.”