Vote TODAY! Marilyn Townsend’s Most Excellent Response for Circuit Court Judge

April 4th, 2017

Judge Townsend sent a very prompt reply to my questionnaire. Despite my generally obsessive email monitoring, I somehow missed it (I think it got hung up in the intertubes for a while, then appeared after a couple of days–it’s been known to happen!). My most sincere apologies to Judge Townsend and her campaign. Her response is below. I don’t know either candidate at all. (Still nothing that I can find from Ms. Karofsky.) But for whatever it is worth, in my years of doing candidate questionnaires (20+), I have never gotten such a forthright set of answers. Ever. Notable especially in a judicial race.

I’ll be voting for her.

-Mike

———- Forwarded message ———-
From: Judge Marilyn Townsend <campaign@judgetownsendforcircuitcourt.com>
Date: Thursday, March 30, 2017
Subject: Questions: The First Amendment, Equal Protection, The Criminalization of Bicycling
To: “Michael D. Barrett” 

Mike and Pam:

I had left a voicemail message this afternoon, but this is a follow up email. Before leaving my law office for a couple of events, I want to take a moment to respond in general to your questions.

    I want to be a Circuit Court Judge to continue the work I have done as a Union and Civil Rights Lawyer for 30 years, and as a sitting Municipal Court Judge for five years, and that is help ensure that individuals, including people of color, the underrepresented and the poor get a fair shake in the Court system. The disparity in incarceration rates for African Americans in particular is a disgrace and I am an advocate for alternatives to charging and alternative to incarceration when the situation allows for it.

    We are at a critical juncture in Dane County Circuit Court when rights and liberties are being rolled back by this administration and we have an Attorney General who is criminalizing conduct that used to be treated with civil penalties. Brad Schimel is increasing the conduct for which persons are criminally charged. For example, recently, an African American from Milwaukee was brought to Dane County Criminal Court where Schimel’s office charged him with a crime for allegedly receiving unemployment benefits fraudulently – even though he had already paid the benefits back, with penalties, and had expressed remorse.  Now that man has a criminal record – for the first time. In my opinion, this does not help the community but rather perpetuates the issue of racial disparity, and the challenges faced in being hired by those with criminal records.

    I applaud the efforts of Dane County Board of Supervisors Chair Sharon Corrigan and Paul Rusk, Chair of the Public Protection and Judiciary Committee under whose leadership resulted in studies of the criminal justtice system and detailed recommendations which emphasize alternatives to charging, alternatives to incarceration, and the importance of addressing mental illness and alcoholism which often times is the reason for an individual’s involvement in the Court.

    I am endorsed by both Sharon Corrigan and Paul Rusk who recognize my understanding and commitment to addressing the problems of racial injustice based on my thirty years of work in this area. I would say further that I am the only candidate in this race that has a record of standing up to the government and big agencies. My case pending in front of the Wisconsin Supreme Court deals with a Scott Walker law that  was intentionally written to deny workers unemployment benefits and was never meant to apply to my hard-working, conscientous client after she was discharged from Walgreens for making just 8 cash handling errors out of over 80,000 transactions. (See oral argument on Wisconsin Eye — Nov. 10, 2016, Operton v. LIRC and Walgreens).

    Attached is one of my Decisions as a Municipal Court Judge, in which I ruled that the Defendant’s 4th Amendment Rights were violated. The individual was stopped for a rolling stop at 3:30 in the morning and was held by the officer for 20 minutes while they called in the k-9 unit to sniff for drugs. I ruled that it was an unreasonable search and seizure and 4 months later the U.S. Supreme Court came to a similar conclusion with a much short time of hold.

    I am endorsed by many attorneys who have like me have fought for the rights of individuals under the constitution including Patricia Hammel and Jeff Scott Olson. (see endorsements on my website, judgetownsendforcircuitcourt.com.

    As a practicing lawyer and a municipal court judge I continue to attend seminars which inform me concerning new laws, and other matters of concern to me as a practicing lawyer and a Municipal Court Judge. For example, given your concern regarding bicyclists I would note that upon being elected Municipal Court Judge, I immediately attended a course put on by the City of Madison, and which is taught by Arthur Ross, Pedestrian-Bicycle Coordinator, on the rights and responsibilities of bicyclists. It was a three hour course and I found it to be one of the most informative seminars I have been a part of and I have relied on it many times while on the bench.

Thank you for your questions.  My law office number is [608-XXX-XXXX] if you wish to discuss further.  Marilyn

Dane County Circuit Court Judge Race: Karofsky v Townsend

March 30th, 2017

VOTE APRIL 4! 

Below is a questionnaire I recently sent to the judicial candidates on the ballot. 

***

Dear Candidates for Dane County Circuit Court Judge,
We are in the process of making decisions about the upcoming elections for Dane County Circuit Court Judge. In the past we have been quite generous with our work and resources on campaigns for erstwhile good candidates. We vote in every spring election, as do our numerous friends and acquaintances. Unfortunately, most of those we have supported have gone on to betray the very ideals they campaigned for in very fundamental ways, so we hope you might understand that we wish to have your positions stated clearly before you take office.

1. If you become a Dane County judge, do you intend to uphold, defend and interpret the Constitution of the United States of America *as it is written* or will you merely follow the interpretation handed down over recent decades by increasingly reactionary superior court judges?

2.a. In light of the above, what will the following sentence mean to you when peaceable protesters, and ‘petitioners of government for redress of grievance,’ are hauled into your court (as they routinely are in Dane County) for alleged “crimes” of, well, protesting and petitioning for redress of grievance?

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

2. b. Specifically, does “no” mean “no”?

3. Bicycling Outlawed: Through a number of legal perversions, Dane County prosecutors and judges have effectively outlawed bicycling in Dane County. Through routine abuse of the vaguely worded Disorderly Conduct statute, for over 25 years a succession of Dane County prosecutors–rising then to circuit court judgeships and now into the appellate level–have pursued cyclists in a most vindictive manner. Bicycling victims of murderous motorized road rage have been repeatedly prosecuted by current and past Dane County district attorneys for the crime of, well, bicycling. This is happening despite the fact that:

-the offending drivers involved in *all* of these cases have a long history of criminality, violence and reckless driving while the cyclist invariably is a professional (or in training) with no criminal–or even civil– record whatsoever (and are thus easily intimidated into bogus pleas).
-despite the fact that State, Dane County and City of Madison policy is to promote bicycling. See the City of Madison Platinum Bicycle Plan here (PDF): https://www.cityofmadison.com/trafficEngineering/documents/PlatinumAdopted040808sm.pdf).
and,
-despite the fact that the bicycle is defined as a legal vehicle by state statutes.
-For more on the Dane County prosecutor’s routine re-victimization of victims of automotive road violence, Google “Ozanne’s Crackdealer” or “Blanchard’s Beloit Crackdealer” Or just go to:
http://www.urbanthoreau.com/blog/?p=2095

*Will you end the vindictive prosecutions of bicyclists?*

4. Will you educate yourself about the rights and responsibilities of bicyclists in this state by attending a Wisconsin Department of Transportation “Enforcement for Bicycle Safety” seminar within the first six months of your swearing in?Information can be found here:
http://www.dot.wisconsin.gov/safety/vehicle/bicycle/education.htm#law-enforcement
(There is also a version of this course specifically for judges and prosecutors.) Will you properly instruct juries as to the legal standing of bicyclists and, furthermore, instruct that the societal bias–fully infecting local law enforcement and prosecutorial agencies–in favor of the driver/against the cyclist has no role in a court of law? And will you have the courage to throw out cases arising from the current atmosphere of prosecutorial vindictiveness toward cyclists?

5. Equal Protection:

The Dane County “Justice” system routinely charges, prosecutes, and imprisons black men at SIX times the rate of white men with similar prior records, for similar crimes. By allowing these disproportionate numbers of prosecutions to even appear in court, the Dane County judiciary has made Dane County an international embarrassment of injustice. What will you do to ensure that justice is administered in a fair and equitable manner consistent with the 14th Amendment (and by extension the 15th Amendment given the disproportionate disenfranchisement through disproportionate felony convictions) of the United States Constitution?

I have copied this query to several other Dane County residents who are interested in justice in Dane County. This will include a large group of cyclists. And they vote.

If you use the old cop-out of “I don’t address specific cases,” We will call you out on it. Because we are not asking about your opinion on specific cases. We are asking about your intentions to uphold and defend the Constitution of the United States of America, the Constitution of the State of Wisconsin and adherence to state statutes–*as they are written*–as cases come before you.

Thank you for your time and your work in your candidacy.

Sincerely,
Michael D. Barrett and Pamela S. Barrett
XXXX XXXX XX
Madison, WI XXXXX
(XXX)XXX-XXXX

Trump is Just Symptom of Clinton’s Disease

November 8th, 2016

Dunno how this one is going to turn out, but just wanted to get some thoughts down about how badly our “Betters,” the Very Serious People, the élites of the country, have so screwed us, and thus brought us to this pass. And they know it, too. They belatedly realize that “those people” Beyond The Hudson and Outside of the Beltway actually–gasp!–vote. Now our betters are in a panic. And at least paying lip service to the 99%. There have even been some mea culpas trotted out by the old bulls of foreign policy: Please, please, pretty please, ye unwashed, give us just one more chance!

Then there’s this Atlantic article, another in a long series of what I’m calling The Great Panic of Aught 16 (ie, the establishment in a tailspin over The Bern and The Donald):

It’s actually quite good. Basically explains the genesis of the Democratic Leadership Council Democrat (the sellout wing of the party funded by the Koch Bros.) whom I so vehemently abhor. HRC is the latest in a long line of these turncoats. Also helps explain the link between these bankster-friendly neo-liberals and the pro-war neo-cons, a link which I had always found bizarre but understand better now.

But, sorry neo-liberal élites, Hillary et al, you’ve had your chance, and you blew it. Win or lose, you have blown it. You should have read your What’s the Matter with Kansas back in Aught Four and paid attention to its prescience. You should have paid attention to the data which so clearly showed the crushing of the poor and the middle class. Instead of ensuring a more just and equitable America, you just doubled down on:

  • Economics of Cruelty–Your unfair “free” trade pacts and tax policies that crush the 99% while gilding the preciousness of the 0.1%
  • Torture–You let them off the hook, shaming this nation, enfeebling our moral standing.
  • Warmongering–You voted for those wars.
  • Stasiland–You turned the people’s government into a surveillance state, shredding our Constitution. It was a coup and you were part of it.
  • Banksterism–You rescinded Glass-Steagall and other reasonable regulations, allowing the banksters to drive our economy into a ditch, then let them steal people’s houses. And when that wasn’t enough, you let them loot the treasury. And now you cozy up to them. Yes, Hillary, brilliant idea you proposed at that Goldman Sachs dinner: let the banksters regulate the banksters.
  • Global Warmism–You send us into multiple wars for oil to keep cars well-fueled, then the economy goes into a tailspin from sky high fuel prices thanks to your pro-highway policies (remember your ‘drive til you qualify’ housing policies?), your solution is…to build more highways! Thanks to your pro-gluttony transportation policies we are cooking the climate.

You and your party had it all from 2009 to 2011–the presidency, congress, everything– and you did nothing to rectify the worst excesses of the Bush years. Indeed, you people just gave it your Democratic imprimatur.

And then you wonder why the people revolted.  From 2009 to 2011 you had it all. And you just doubled down on the cruelty.

We’ve had quite enough of you people. Even if you eke out a win we’ve had it with you.

Basically, we the people have but one very blunt instrument available, and that is the vote. We couldn’t get the likes of Hillary to hear us, so masses of us voted against her in the primaries. It shook her up and made her adopt a more, shall we say, 99%-friendly posture. But the emails prove that she is busy staying cozy with the banksters and the 0.1%. And I will never be able to forgive her for her Iraq War vote. So, I’m done with her. (Don’t worry, I won’t be voting Trump though.)

 

Appellate Judge Brian Blanchard’s Community Wrecking Ways

April 4th, 2016

Hello All,
Below you will find a letter I sent to every non-profit that asked us for $$$ last fall. I cc’d Judge Blanchard (Brian.Blanchard@wicourts.gov) on every one of them (and there were a lot).

To sum up: Please a) vote Tuesday, and b) consider leaving Appellate Judge Brian Blanchard’s ballot line blank. Yes, even though he is the lone candidate. Don’t vote for him. He took the side of the crack dealer who ran me off the road and nearly killed me. Feel free to forward/facecake/whatever. Maybe this will make it on Whaddya Know, too!

Just don’t vote Blanchard.

-Mike
***

Dear Ms/Mr. XXXX,

First, a big thank you to you all at [Hardworking Non-profit X] for all the great work over the years in advocating for [The Good X]. We are in receipt of your fundraising letter from last fall. Again, thank you. We are proud to have been able to contribute generously in the past (back to the 90s!), because we so very appreciate your work. But we feel that we owe you an explanation as to why the Barrett household’s giving has gone down precipitously.

Unfortunately, in 2010 I (Mike) was run off the road by–now get this!–a crack dealer from Beloit, while riding my bike. Though I survived (barely), it ended up having a terrible impact on our ability to financially contribute to the good causes you so perfectly represent. I was on a bike route, riding in a completely legal manner. I reported the assault to the van’s owner (the state), thinking it was the right thing to do. Instead, the state brought criminal disorderly conduct charges against *me*.

Brian Blanchard, then-DA, brought the charges. During the prosecution, he won an election to Appellate Judge. Now he is running for a second term and is on the ballot Tuesday.

Mr. Blanchard’s prosecution degenerated into a vindictive persecution. Details can be found here: http://www.urbanthoreau.com/blog/?p=2095

The highlights are this:
-The entirety of my alleged crime was caught on government-owned security cameras. Brian Blanchard and his successor suppressed the video despite our immediate demands for it–and his legal obligation to provide it under Wisconsin statutes.
-Through a series of Open Records requests–and witness interviews by a costly investigator we were forced to hire–we found that at least one of the witness statements was fabricated. Either the Capitol Police or Mr. Blanchard’s office just made up a statement. (We have yet to ascertain which because the Capitol Police department continues to deny my Open Records requests.)
-The crack dealer (no dog-whistling here; this person was as white as white gets) had multiple felony drug dealing convictions and a horrific driving record. Just a few months before almost killing me (and admitting to it), this person T-boned another vehicle with another state van totaling both vehicles, and sending a passenger to the emergency room.
-We fought the DA all the way to trial. This is something most people in my situation never do, often for lack of financial resources, not wanting to commit the available resources, or fear of erroneously getting convicted, or all of the above.
-After months of legal time and many, many thousands in legal and other costs, the District Attorney had to admit before a judge, in writing and in open court, that no crime was committed. But the financial carnage was done.
-The DA’s office had to admit that my “offense” was my constitutionally-protected speech: writing a letter. I petitioned my government for a redress of grievances. (You can see the letter at the end of the blog post linked above).
-It is likely the prosecution was vindictively motivated by my very public criticism of his malicious prosecutorial record toward other cyclists back in the 90s.

In sum, the Barrett family had to dig deep into retirement savings to defend against Mr. Blanchard and his crack dealer. We are still playing catch up to ensure a stable financial life in retirement. Moreover, we now realize that we must financially gird ourselves against further vindictive prosecutions. We have had to throttle back our charitable giving commensurately. And we are sorry for this state of affairs, because we so admire your work. Indeed, it is a pity that Mr. Blanchard and his successor see their role as tearing down community.

We are aware that mine is but one tiny case among thousands. Mistakes happen, right? But it is of a pattern. Prior to my criticism when he first ran for DA (late-90s), Mr. Blanchard was #2 in a DA’s office that routinely went after law-abiding cyclists who came under attack from violent motorists (more in the link above).

More saliently, during his time as #1 at the DA’s office (late-90s through late 2000s), he racked up one of the worst race disparities in the prosecutorial history of the country–outpacing even Mississippi. Yes, worse than Mississippi. Mr. Blanchard *is* responsible for the giant run-up in charging and convicting minorities in Dane County, far beyond actual proportion of crime committed. From the Race to Equity Report (http://racetoequity.net/), we know that during his tenure as a prosecutor, a black person was six times more likely to be charged, convicted and imprisoned than a white person arrested for the same alleged crime and with the same previous record.

It is doubtful that he has changed his M.O. as a judge. Indeed, the numbers coming out of Dane County’s court system–all the way through the appellate process–attest to a continued persecution-through-vindictive-prosecution of minorities out of all proportion.

Mr. Blanchard is on tomorrow’s ballot unopposed. Of course, it is important to go to the polls. Nonetheless, for all of the reasons above, we strongly suggest that in tomorrow’s election, justice-minded people leave his ballot line blank. This could create an opening for a more fair-minded judge in the future. Why? Because potential challengers do vet incumbents based on how strong their previous showing was. Blank ballot lines do have power.

Anyway, again thank you so much for your work. I hope this helps explain why our civic financial involvement has–quite sadly–been dampened over the last several years.

And feel free to forward this on to anyone (board members, etc.) who might find this of interest.

Sincerely,

Mike & XXX Barrett
XXX XXX
Madison, WI 537XX

p.s. While we so appreciate your appeal letters, which are a gift in & of themselves, if you need to save money on postage, we won’t feel insulted if we are cut from the mailing list. It will be a good long while before we recover financially.

Madison Water Utility: Materially Incorrect

August 24th, 2015
From a close follower of all things MWU:
If you have 15 min.’s to devote, you really should read the Baker Tilly Audit 2014 Management Letter.pdf
It really is quite a remarkable and sweeping flat-out slam of the Water Utility for its financial incompetence:
“The Utility does not have internal controls in place that allow for the presentation of materially-correct year-end financial statements.”
“Management has not prepared financial statements that are in conformity with generally-accepted accounting principles.”
“Material misstatements in the general ledger were identified during the financial audit.”
….
Customer billing errors
Cyber attack risk: “Have a plan developed and practiced so that you are prepared in the event of a data breach.”
“Lack of preparedness”: Baker Tilly had “difficulties performing the audit”
I am a big proponent of public ownership of utilities. Madison Gas & Electric’s rampant, ideological pro-carbon agenda is an example of why public accountability is so important.
Unfortunately, our city-owned water utility, through sheer incompetence, combined with an arrogant dismissal of public oversight, is invalidating the goodness that public ownership should bring.

Isthmus: “Citizen: The Real Reason for Atwood Avenue’s Renaissance”

November 1st, 2014
Just published at Isthmus.com….
***
Citizen: The real reason for Atwood Avenue’s renaissance
Eliminating parking requirements for small storefronts buoyed business growth

Michael Barrett on Saturday 11/01/2014 10:23 am

“Destination: Atwood Avenue” was a nice little promo piece inIsthmus that should definitely be featured in the Greater Madison Convention and Visitor’s Bureau pamphlets. It lacked, however, a good investigative question: Why has Atwood seen such a revival?

Yes, yes, we are lucky to have so many creative entrepreneurs who have worked hard to make their businesses successful on this once run-down thoroughfare; good on them, and thanks. And yes, the the transition of the Barrymore Theatre from adult movie theater to hip venue was a signal event. But it is a tired old story, because there it sat for nearly 20 years, a lonely beacon, with neighbors of empty storefronts and no resurgence in sight.

The true linchpin of the revitalization of Atwood: city parking policy. Had it not been for the informed, critical activism of a few people in the neighborhood, not one of the hip enterprises that have grown up on Atwood in the last 14 years — the era of sustainable and rapid resurgence — could have ever happened on Atwood. Why? Because the city prohibited it through parking policy.

Until the early 2000s, suburban parking requirements were imposed on dense, parking-light urban business districts such as Atwood. It was a death warrant.

Creativity and entrepreneurship were throttled. Coffee shops were told to brew in strip malls. Boutique beers, ordered to industrial parks. Eclectic restaurants, stymied.

Here’s how it worked: The city required that there be an off-street parking space for every table for two, no exceptions. This meant no fun. No funky. No creative. No nothing.

This went on for decades. As older enterprises faded, the city parking bosses ensured that no new businesses could move in to keep the district vital. It wasn’t the mall that killed Atwood, it was public policy.

By 1999, a (very) small group of visionary citizens had had quite enough of this. These active alt-transportation agitators worked with verve and persistence, at times getting in the faces of hidebound alders and parking bureaucrats, to put a stop to the desertification of Atwood Avenue. Over the shrill warnings of planners and highwaymen, the citizens who crafted the Schenk-Atwood-Starkweather-Worthington Neighborhood Plan (PDF) of 2000 enshrined a provision that prioritized a walkable business district. To that end, it strongly recommended eliminating parking requirements.

Yes, eliminating parking requirements. Altogether. This was a radical notion up to the mid-aughties, believe it or not.

Once passed, these same citizens started showing up at zoning meetings, plan in hand, demanding that cool businesses be allowed to locate on Atwood sans parking.

Cafe Zoma was the first successful — but hard fought — “exemption” under the new neighborhood plan. It featured zero car parking stalls. That set the precedent for all the coolness that followed. Creative entrepreneurship blossomed, and just keeps blossoming.

Under new city leadership in 2003, Atwood Avenue’s successful elimination of parking requirements was recognized and even incorporated into the new zoning code. There are no longer minimum parking requirements for small storefronts anywhere in the city.
Michael D. Barrett is an energy efficiency and community plan analyst with UrbanThoreau LLC and publishes urbanthoreau.com/blog.

1937: Krugman’s Victory Dance

October 15th, 2014
How to NOT balance a budget

How to NOT balance a budget

As a Krugman fanboy, I’ve been getting a big kick out of his victory dances of late– rubbing it in the faces of the rightist ideologue economists, the austerians from the Austrian School of Economic Destruction. His latest end zone taunt is a blog post entitled, simply, 1937. (If it really were a football game, he’d have a yellow flag thrown in his face for excessive taunting. Yet the crowd roars for more! The dance goes on to be a huge hit known as The Macro-ena! Ok, sorry.)

As he has so patiently (and not-so-patiently) explained over lo these many years, 1937 was a particularly inauspicious year in applied macro-economics as the Roosevelt administration rapidly pulled back from its alphabet soup economic stimulus programs. It was a futile attempt to balance the budget. As everyone who took Econ 101 should have learned, it had the exact opposite effect, throwing the economy right back into a depressionary tailspin, making budget balancing just that much more difficult/impossible. FDR essentially snatched defeat from the jaws of victory. Obama repeated the mistake, rapidly drawing down his somewhat successful–if under-amped–Recovery Act, thereby muting the incipient recovery.

But at least it was something.

The Europeans got straight up austerity from the get-go resulting in all the unmerited, self-inflicted suffering of sky-high unemployment that continues to this day.

Indeed, the oh-so-much-smarter-than-Americans Germans are relearning that lesson–again, and again, and again– even as we speak.

The lessons of 1937 have been a long-running theme of Krugman’s. Every time he references it, I keep thinking back to a very prosaic, but telling remnant literally written in the landscape in an older neighborhood of Norman, Oklahoma…

…I present, my 2013 photos, “1937: The End of Road for the Works Progress Administration’s Work”:

How to NOT balance a budget

How to NOT balance a budget

 

Or, maybe “The Depression that Wasn’t Ended Now”:

IMG_20130506_154428_182

Where was Obama’s Recovery Act when our pedestrian infrastructure needed some help? This is looking pretty shovel-ready to me!

 

I keep thinking Krugman could use these as a centerpiece/banner graphic for his blog….!

MGE’s Pump & Dump Rate Scheme

October 8th, 2014

Tomorrow is the big showdown at the Public Service Commission to shut down MGE’s outrageous, America-hating rate scheme.

Tomorrow there will be a rally at 9 am at the PSC offices in addition to testimony. Here’s the WhoWhatWhenWhereHow scoop by the RePower folks, followed by my comment:

Madison Gas & Electric proposes big changes to billing rates in 2015 that will increase electric bills for most customers, limit your ability to lower bills through energy efficiency, and penalize clean energy. The MGE billing scheme does not reflect community values and should be withdrawn by MGE or rejected by the Public Service Commission.

The Proposal

Every MGE customer will see a higher fixed charge each month coupled with a slightly lower energy rate. For example, the monthly charge for residential and small commercial customers would rise from $10.29 to $19 (85%), while the electricity rate would decline from 14.4 cents/kilowatt-hour (kWh) to 13.3 cents/kWh (-8%).

The Facts

  • The City of Madison, City of Monona, City of Middleton, Town of Blooming Grove, Wisconsin Community Action Program Association, WI AARP, NAACP and the Coalition of Wisconsin Aging Groups and nearly 50 local businesses have opposed the rate proposal.
  • 80% of MGE residential customers will see their electricity bill increase and will harm most seniors, apartment dwellers and those who conserve energy.
  • The proposal to increase the fixed rate and lower variable rate means that you will have less control over your own future energy bills. (Conservation does not cut the fixed rate)
  • Almost 88% of MG&E’s current energy comes from fossil fuels, most of which is coal.  A recent report, The Coal Truth, by RePower Madison details how MGE proposal is a ratepayer bailout disguised as a matter of circumstances beyond the control of the utility. In reality, MGE has “doubled down” on their dirty coal investments.
  • The rate changes will have a disproportional effect on low-income households. Bill Marcus, an expert witness hired by the City of Madison testified that “the MGE proposal will negatively impact equity in the City of Madison”.
Actions You Can TakeRePower Madison is a citizens group whose immediate goal is to persuade MGE to drop their rate proposal and support customer options for rapid expansion of renewable energy and energy savings.We recommend the following immediate actions:

  • Submit your concerns online at www.tinyurl.com/mgeratehike. Online public comments are due before October 8th and a public hearing is scheduled for October 9th at 9:30am at the Public Service Commission (610 N. Whitney Way Madison)
  • Visit and like our facebook page at www.FB.com/repowermadison.  While there, you can RSVP to testify orally and attend our picket at the public hearing on October 8.
  • Local businesses are encouraged to sign a letter opposing this rate case available at –www.wisconsinbusinessalliance.com/mge
  • Share this information with your members, and forward this email to your friends, for their information.

For more information www.repowermadison.org or email to Info@RepowerMadison.org

###

….And here’s the comment I submitted:

Dear Commissioners,

Please scrutinize closely the MGE rate case. It is, quite frankly, appalling. So appalling that I oppose it in the strongest terms.

I am a real estate investor in the Madison Gas & Electric service territory. I am also a decorated veteran, having served overseas as a commissioned officer for four years and discharged honorably, and having attained the rank of captain. As someone who volunteered service to do my part in forming a “more perfect union,” I am horrified that there are corporations such as MGE who are actually militating against the “general welfare” of the citizens I risked my life to defend. I also see a direct link between energy gluttony and the wars we keep fighting. For that reason, I have invested heavily in energy conservation ever since I was discharged.

Their rate proposal denies the dangers of climate change that even the Pentagon has warned is an imminent threat to national security. Indeed, by MGE’s own admission, this proposal actually militates against American citizens who strive to do the right thing by our environment.

Gregory Bollom, MGE’s assistant vice president of energy planning, conceded this point at a Madison city committee meeting in July:

“If you’re a low-energy user, you will probably have less ability to reduce your bill than someone who is a high-energy user,” Bollom told the Sustainable Madison Committee. “We are reducing the incentive for people to reduce their energy use. I’m not going to quibble with that.”

This is the stuff of morons. It does not belong in Madison, Wisconsin, the home of one of the world’s top-flight research institutions.

An enlightened corporate leadership would institute an actuarily sound, progressive rate structure that strongly encourages wasteful users to waste less and reward those who have invested wisely in efficiency and thereby use modestly. “Actuarily sound” means that fixed costs get covered by usage rates while protecting the steady rate of return required to raise capital for said fixed costs (capital infrastructure). This is important because we know that it is the wasteful users who are driving the “need” for more lines and other infrastructure. So those who demand more power should also be paying for the extra infrastructure required to supply it. Thus the need for progressivity in the rate structure. If the usage rates are properly structured–actuarily sound, progressively increased according to usage–that “need” would soon be obviated, as the wasteful would get wise tout de suite. Or they pay for their willful ignorance. The choice would be the customer’s and entirely the customer’s. Consumer free choice and free enterprise–yes, including investments in efficiency and renewables–is what built this country. Why is MGE undermining free enterprise?

MGE’s rate scheme, by eliminating any progressivity, actually *rewards* waste. It undermines all efforts to do the right thing and create a better, energy independent America. This is important to me, because I’m tired of seeing my friends, my former comrades-in-arms get sent off to fight in fossil fuel wars. Sick. And. Tired. Of. It.

Progressive, actuarily sound rates that cover all costs–fixed included–is the most climate-friendly, peaceable way of properly accounting for climate-damaging, war-causing resource usage.
Fixed charges–of any amount–only aid & abet profligate use.

Furthermore, the idea of fixed v. usage costs is fiction. Much of the fixed cost increases goes to ATC’s wasteful expansions of unnecessary power lines. Unnecessary because they were/are being built on assumptions of ever-increasing fossil burning. That hasn’t happened. Electric consumption has gone down. Why? People are making the connections between their personal energy use->fossil burning->climate destruction. They should be rewarded for making that connection and acting to remedy it, not punished.

It’s also an incredibly cruel thing to do to people who thought ahead for their retirement and invested mightily in energy efficiency in their homes. Now they are on modest fixed incomes and getting slammed by these rustbelt rednecks in charge of our ‘community’ utility. Retirees’ investments in conservation are now set to be vaporized on behalf of energy addicts and their dealers.

There isn’t really a middle ground on this. Either we make the decisions to protect the climate–now–or else. (Please read your McKibben! Heed your Hansen!)

Where does the PSC stand?

MGE is now desperately touting a series of “Town Hall-style” meetings to get them out of this pickle of their own making. Approximately 9 years ago MGE held a series of just such meetings all across Madison. There were over a hundred people in attendance at one meeting alone (even though it was inconveniently scheduled at midday on a weekday). People of all backgrounds showed up, ranging in age 8 months to 80+ years. They were all impassioned, knowledgeable and armed with better ideas for delivering clean energy in conjunction with conservation pricing and other strategies. No one testified for more CO2 emissions or more megalomaniacal power lines. Typical was one woman, with a baby in her arms, who gave a most enlightened & impassioned testimony about how we’ve got to start planning *now* [i.e., nine years ago] for reducing our impact on the climate. That the science was well settled. That we can no longer deny the science through our profligate energy policies. She was unbelievably eloquent and *nice* about it. The old gray MGE execs just sat there, stone faced. Clearly, they didn’t want to hear it. A town hall in the sense of an open minded democratic process, it was not.

I gave testimony as well. I was pointed and concise about the importance of a progressive rate structure to reduce demand while maintaining their bottom line through actuarial science.

The gray MGE execs scowled. Again, they didn’t want to hear it.

This was nine years ago.

They did nothing in the interim to change their CO2 spew as usual. Indeed, they doubled down on fossil thinking.

The point is, they have heard all of this before. They have heard it from a variety of people, some paid by advocacy organizations, but mostly just citizen ratepayers doing their civic duty, expressing concern and better ways of doing things. MGE has had their opportunity–over many years–to do the right thing.

They have done nothing.

They chose to ignore reasonable solutions that quite openly acknowledged the necessity of getting a return to shareholders. Now the gray men in gray suits have gotten themselves in a pickle. A quite avoidable pickle. A pickle forewarned.

As for their shareholders, by & large, they don’t care how the dividend check arrives. Fixed charge, no fixed charge (but with a progressive, actuarily sound rate structure)–it doesn’t matter to them. They just want that check to arrive, on time and in a predictably steady amount. And it is perfectly doable with an actuarily sound, progressive rate structure. Indeed, how a shareholder’s dividend is generated is entirely not their concern in the amoral world of the limited liability joint stock company. Only the people’s representative, you, the regulator, the Public Service Commission can force the right, moral choice. Which is why they need to hear from you in the strongest terms possible that they, MGE, need to protect our climate and our ratepayers–not just their lazy, ignorant accountants who can’t calculate out a reasonable rate structure.

Being an energy geek since the 1973 Arab Oil Embargo, I have a bad habit of buttonholing the lower-downs at MGE when I get a chance, to find out why the stupidy of the higher-ups continues. One of them, an engineer, basically just shrugs his shoulders, rolls his eyes knowing that better solutions exist. Tiring of this, he gave me one of his utility trade magazines to shut me up for a while. That magazine issue of eight or so years ago was all about innovative demand-managing rate structures that could respond to a dynamic energy environment (dynamic in the sense of either more competition, more emissions regulation, opening the grid to non-utility participants, all of the above, etc.). So the knowledge of how to stay profitable while driving down carbon spew and better managing the grid (etc.) for all comers is out there. It is well documented even in their energy industry trade group! This isn’t just the stuff of crazy hippies, as Paul Fanlund and Gary Wolter would have us believe.

They’ve heard polite, well informed testimony. They’ve heard pointed, well informed testimony. For *many* years. The research and case studies of innovative, conservation-oriented rate structures in place over decades is well-documented by their own trade organization.

At what point do we the people stop giving them the benefit of the doubt?

You heard their own executive speak out against conservation and renewables in the quotes above. You are obviously quite aware of RENEW’s analysis which further confirms MGE’s militantly anti-climate, anti-ratepayer plot.

In the end, it is a bait & switch. For decades, MGE has been encouraging their customers to conserve and install renewables. (See, for example, any number of MGE bill inserts over the last twenty-plus years; see also their gleeful–and very public–celebration of conservation & renewables here.)

Now they want to crush those who followed their investment advice?

As a long time real estate investor who has invested tens of thousands of dollars in conservation measures on several properties, not only do I believe that you should reject their fixed rate plot against their ratepayers, you should also report them to the Securities Exchange Commission for their pump & dump scheme.

I would think that it’s pretty clear that their plans are not benevolent.

Please reject the entirety of MGE’s rate scheme.

Sincerely,
Michael D. Barrett

….

Madison, WI

How I Biked. And Walked.

August 5th, 2014

Under Penalty of Death, Bicycling is now a crime in District Attorney Ismael Ozanne’s Dane County. Now He Wants to Take It Statewide.

By Michael D. Barrett

JRA. Just Riding Along. That’s bike shop lingo for what you were doing just before getting creamed by a road rager wielding a car.

And I was all about JRA on a bright sunny summer day in June of 2010, just before being assaulted by a Beloit crack dealer wielding a van: I was just riding along. Down King Street to be exact. Moments before the assault, the routine occurred: I got caught by the light at East Wilson. No worries & no hurry, I was on my bike and it was a beautiful day in Madison, Wisconsin, USA, Planet Earth. But not for long.

The light changed to green. Then it began. Your standard-issue, road-rage-induced tailgating.* Mere inches from my rear wheel. Maybe closer. It was my close encounter with a notorious Beloit crackhead, it turned out, determined to drive me down.

By the time I realized what was happening, I was up to speed (the speed limit), heading down East Wilson Street, a designated bike route. Though there was plenty of passing room, with an entirely open left lane on this four-lane road specially designed for speeders, the crackhead bore down on me and left me with nowhere to go but a) into the rear bumpers of parked cars or b) under the wheels of 5,000 pounds of poorly controlled, maliciously guided, speeding steel. That I continued to survive apparently sent the driver into new heights of rage, gunning the engine, pulling alongside me (in the rightmost lane I traveled in), then simultaneously slowing and slamming into me. I barely escaped going under the van’s wheels. (Having that dorky bike mirror on my helmet allowed me to assess the situation quickly and gave me the milliseconds to brace for the impact and maneuver to the least bad position in this life threatening encounter.)

But the crackhead wasn’t done. This deranged individual then drove off to the giant intersection of Nolen/Wilson/Willy/Blair to wait for me to collect myself off of the ground (with traffic backing up behind the van…). The crack dealer-driver proceeded to hurl epithets, vulgarities and threats—and almost got out of the van to assault me but was held back by passengers. That gave me a chance to get the license plate number. It was a state van. I immediately reported the assault to the authorities. According to the subsequent police report, the actions I described here were by & large accurate and in accord with the crack dealer’s story. In other words, the Beloit crackhead’s very actions were intentional, pre-meditated and fully articulated by the driver in a written statement.

It was an assault.

The driver admitted to the whole thing.

The motorized assault, diagrammed.

The motorized assault, diagrammed.

“He wouldn’t get out of our way”

Open records requests subsequently revealed that the vanpool coordinator in the passenger seat was egging the crackhead on.

The motivation for running me off the road? In the words of the drug dealer behind the wheel, “He ran a red light,” and in the words of both the crack dealer-driver and the van coordinator, “He wouldn’t get out of our way.” If you ride a bike, or walk, or drive cautiously, think hard about that: He. Wouldn’t. Get. Out. Of. Our. Way.

For existing, as a cyclist, on a public roadway, you are marked for death.

King & Wilson streets are a designated bike route. I was traveling in a perfectly legal manner, in the far right hand lane of a road with plenty of passing space. An entire, wide open lane, in fact. That I rode in a manner entirely in accordance with state statutes was attested to by the state’s ped/bike coordinator as well as the city’s ped/bike coordinator.

Nonetheless, for not ‘getting out of the Beloit crackhead’s way,’ I was charged with a crime. A crime that I reported. An assault that the perpetrator attempted to cover up. The alleged crime? Disorderly Conduct. According to the crack dealer-driver I was disorderly as I was driven off the road. Indeed.

District Attorney Ismael Ozanne deputized the crack dealer to sanitize our streets of a bicyclist’s life. My life.

The not-so-bike-friendly bike route. The assault started here.

The not-so-bike-friendly bike route. The assault started here.

2010-08-16 12.12.03

Mr. Ozanne: Which parked car was I supposed to crash into for the Beloit drug dealer’s great big hurry?

 

The crackdealer slammed into me right in front of this sign. What part of "yield" does Ozanne not understand?

The crackdealer tried to finish me off right in front of this sign. What part of “yield” don’t you understand, Mr. Ozanne?

Ozanne Goes to Bat for the Crack Dealer

The crack dealer—Ozanne’s appointed judge, jury, and executioner—had spent a lifetime racking up multiple drug distribution felonies, OWI, license revocation, driving on a revoked license, T-boning another vehicle while driving a state van in a crash which resulted in two totaled vehicles and a passenger with critical injuries sent to the emergency room (just months before having a go at me)….. It was a horrifically violent record that goes on & on.** And this person is now in charge of our roadways.

And the red light? Apparently now an offense punishable by instantaneous death. In Ozanne’s legal mind, that is. And the red light running? It only occurred in the fried brain of the Beloit crack dealer. I didn’t run the light. Had I run it, I would have been long gone and there would have been no opportunity for the drug dealer’s assault. (And now you know why so many cyclists do run reds: Conflict avoidance.) Indeed, in an emailed statement, the van coordinator in the passenger seat confirmed that I waited for the green. Furthermore, the entirety of the scene was captured on government-owned security video. The alleged red light running was just one of the many lies we caught the Beloit crack dealer in.

Indeed, the entirety of my alleged “crime”*** was captured on government owned security cameras. My lawyers demanded it as evidence as soon as I was charged. The Capitol Police (the agency which charged me) and Ismael Ozanne maliciously suppressed it. Why? Because the only crime was that committed by their crack dealer. Certainly not by me. And the suppressed video wouldn’t have looked good before a jury.

Furthermore, through a series of open record requests and a witness interview, we were even able to determine that one of the van passenger’s purported statements was fabricated. We haven’t yet been able to determine whether it was the Capitol Cops or Ozanne who concocted the emailed statement. But it was not written by the person it was purported to have been written by. But both Ozanne and the DOA continue to stonewall, refusing to provide source/header data, or the name of who concocted it, despite legal open records requests to do so. (Remember, these are the same people—Capitol Cops and Ismael Ozanne—who, just a few months later would, respectively, brutalize peaceable protesters—grad students to grannies—at the Capitol and then proudly prosecute & convict them for the “crime” of exercising their First Amendment rights.)

My case was so egregious that even the Capitol cop who originally charged me was too embarrassed to show up for trial. He begged off! Ozanne continued the prosecution anyway. The prosecution was starting to look more like a persecution.

At the opening of the trial, Ozanne’s administration had to admit, before a judge and in writing, that this case was about one & only one thing: words. Words that apparently defamed the tender sensibilities of his Beloit crack dealer. He simply had no crime to prove. So there was no crime to prosecute. (Well, no crime by me anyway. The Beloit crackhead got off scot-free, despite admitting to attacking me with the state-owned vehicle.)

Yes, that’s right. In order to resolve the case, Ozanne had to completely change the charge. I was convicted of Defamation, a civil offense (i.e., not criminal). No fine & no time. Who knew such a law even existed in the Land of the Free, Home of the First Amendment? “Congress shall make no law…abridging the freedom of speech….”? Apparently “no” does not mean “no” in Ozanne’s Wisconsin, USA. So there it was. Defamation. With no fine & no time, it’s something I’d plead to any and every day. It’s what I do. I routinely denounce people in power who abuse power. Between my blog, editorial & letter writing campaigns and activism on various neighborhood and alt-transportation listservs, I’ve kept the spotlight on abusers of power for many years. From presidents & governors to state-approved drug dealers homicidally wielding 5000 lbs of speeding steel….They all get denounced by my words.

And my words were the last shreds of evidence remaining for Ozanne to cling to as his criminal case crumbled.

According to Ozanne, the letter I wrote to the authorities detailing the assault offended the Beloit crackhead (no matter that I never sent that or any other communication to his dope dealer; no matter that the First Amendment of both the US and Wisconsin constitutions protect “…petition[ing] the Government for a redress of grievances.”). He also said I made a screwy face that upset the drug dealer’s refined social graces. It was an open & shut case.

Whistleblowing is now a prosecutable offense.

It was a vindictive prosecution in the extreme. The prosecution began as an effort to defend the state’s vanpool management from the embarrassment and the liability of their crack dealer-driver. (Conveniently, the DOA is over the vanpool fleet, the state risk managers and the Capitol Cops, all of whom dutifully did their worst; most notably, story coordination, evidence fabrication and suppression.) Eventually, management did come to recognize the continuing danger to the vanpool fleet itself; they removed the Beloit crack dealer as a driver in the lead up to trial. (This was my first major victory in the battle against Ozanne and his Capitol henchmen.) They also admitted that I inflicted no damage to the van, contrary to the Beloit crackhead’s claims.****

The face that defamed the tender sensibilities of the Beloit crack dealer.

The face that defamed the tender sensibilities of Ozanne’s Beloit crack dealer.

A Dumb on Dumber Prosecution: Institutionalized Vindictiveness

The case also played into the Office of the Dane County District Attorney’s long-standing ignorance-based vindictiveness toward Madison cyclists (details below). This antipathy stretches back to the early-90s, under the reign of DA William Foust (now chief judge of the Dane County Circuit Court). Brian Blanchard was Foust’s right-hand-man; now an appellate court judge. Ozanne was Blanchard’s protégé. Thus, the antipathy has been institutionalized through successive administrations, over the course of decades. Worse, with successive DAs routinely being elevated to judge at all levels of the court system, the nastiness toward cyclists is now hard-baked into the entirety of the Dane County justice system. Don’t expect any unjust decisions against cyclists to get reversed on appeal.

In open records requests to both Dane DA and Wisconsin Dept. of Transportation, I came to find out that not one Dane Co. DA or Assistant DA or judge has ever been trained in the state’s Enforcement for Bicycle Safety (or equivalent). EBS is a continuing education course that’s even been specially tailored for prosecutors and judges as well as cops. And yet, in this, one of the top biking cities in the country, ignorance about the rules of the road reigns supreme among our city’s, county’s and state’s law enforcers and judges. During the prosecution, Ozanne and his representatives’ ignorance of state statutes pertaining basic rules of the road was appalling. Not one Capitol Cop has ever been trained either.

It was a dumb on dumber prosecution.

Traffic law was against them; my lawyers obliterated them on that. So Ozanne’s people had to just make it up as they went along. The best law for legislating on the fly is Disorderly Conduct—a catch-all law, no legislature required. It’s an all-purpose work-around of the First Amendment. If you lose on one critical point, you make up another.

And Ozanne’s people worked around our basic legal guarantees quite creatively, if clumsily. Bicycling is clearly legal and well protected under state statutes in Chapter 346 (Rules of the Road). But when JRA offends a cop, a prosecutor, or their favorite drug dealer, bicycling can be made illegal on a whim just by hysterically shrieking ‘disorderly.’ And shriek they did.

Contesting a disorderly conduct charge is nigh on to impossible given its wording. Under the rubric of “otherwise disorderly conduct” contained in the statute [947.01 (1)], the crime of disorderly conduct can include anything—including riding a bike, a scream in the milliseconds before death (if you survive an attempted homicidal assault), even breathing (it’s in the case law!). Anything! Anything that offends anyone, including Beloit crack dealers.*****

Dane County’s DA’s office is notorious for taking up these cases on behalf of violent motorists. Long before the assault on me, several of us had written extensively about Dane County’s vindictiveness toward cyclists. Back in the 1990s the Bikies Listserv and the Spoke’n Word (Bike Transportation Alliance’s newsletter at the time) were hot with several cases on the topic. We even made traffic justice for bicyclists and pedestrians a campaign issue. In 1997 when Brian Blanchard first ran for DA we excoriated him for his office’s vindictiveness toward cyclists (he had been a long time, senior Assistant DA). We even got him to acknowledge the problem. But once in office, despite promising to get his prosecutors trained up in Enforcement for Bicycle Safety, he did nothing. Not one person in the DA’s office has ever been trained in bicycle safety law. In one of his last acts in office as DA (before going on to become an appellate judge) he got his revenge by bringing the case against me. And his legacy continues as one of his protégés, Ismael Ozanne, carried out the spectacularly failed criminal prosecution against me.

Clearly, there won’t be justice for cyclists at any level of court in Dane County.

Manufacturing Criminals Out of Law-Abiding Bicyclists

My case followed the standard progression for these State v. Bicyclist cases which goes something like this: The suburban motorist/perp gets a sympathetic hearing from a cop who lives in the suburbs and who empathizes with the motorist’s plight; the plight of having to share the road with others. (This is the problem with having cops from outside of our community policing our streets: they often do not share our ideals, values or ethics.)

The type behind the wheel is always the same: long record of impaired driving, long lists of moving violations, reckless driving, drug dealing, assaults, etc. Violence—motorized and otherwise—is their norm. And the cops are happy to use them to maximum effect against us evil cityfolk on two wheels.

The cyclist, on the other hand, invariably has a clean record, a professional career (or attending university-level schooling toward that end) and otherwise just a good citizen. The DA then sees an easy mark; a middle class citizen with a good job and a clean record. That is to say, someone who cannot afford a criminal conviction on their record. It’s a formula for an easy disorderly conduct conviction. Scalps as it were. Manufacturing new convictions from the raw material of upstanding citizenry. In the end, the law abiding cyclist ends up thankful for the chance to plead guilty to civil disorderly conduct, knowing that a criminal conviction would be career ending.

The DA and his minions know this weakness; they use it to maximum advantage. Many of our county supervisors have long been critical of the DA’s habitual over-charging (charging as a crime what should be no more than a ticket, or that shouldn’t be charged at all). It is unsurprising that Ozanne couldn’t even get half of the Dane County supervisors–the people who sign his paycheck–on his campaign endorsement list.

Among the cases I have tracked:

  • Circa 1996 a beloved Stoughton teacher (no record whatsoever) went down for the crime of getting run off the road and then blocking punches with his face (yes, as is the usual MO, the motorist is never happy with just having run the cyclist off the road; if the cyclist is still alive, the motorist has got to finish the cyclist off with bare hands.) The peaceable teacher eventually pleaded to civil disorderly. Following the formula, the violent motorist got off scot-free. DA Foust gloated.
  • An MD (no adverse legal record whatsoever) was threatened by an Assistant DA (again, back in the Foust days) with a felony for, yup, having been run off the road, then assaulted (following formula) by the motorist, bodily (formula). The good doctor’s alleged crime? While lying in a ditch after getting run off the road, he took off his bike shoe to ward off the attacking motorist who had gotten out of the car to attack him further (formula). The bike shoe was adjudged to have been a deadly weapon—a felony. The case was ultimately never brought; just threatened. But the message was clear: another green light to motorists that cyclists are fair game and it’s always open season. The motorist, of course, was never charged.
  • Then there was the case of the young professional, a racing cyclist who was run off the road while on a peaceable training ride, and charged with…you guessed it…criminal disorderly conduct. He pleaded to civil disorderly. Motorist got off scot-free. All following formula.
  • Another formulaic attack involved a legislative aide riding down the same roadway I was attacked on (East Wilson). First came the same homicidal tailgating. When the cyclist escaped the rage by taking the bike path, the raging driver sped down parallel neighborhood streets to cut off the cyclist. It happened quickly enough that the cyclist, thinking he had escaped by traveling in the safety of the bike path, became trapped at a cross street. The driver got out of the car and attacked the cyclist. The motorist punched the cyclist several times, causing facial contusions. The cyclist got the license plate number, reported the attack. The cops tracked down the driver who, as per formula, admitted everything. The cops–of the Madison Police Department–then begged the cyclist to not press charges (the motorist was able to elicit sympathy out of the cop by claiming to be sorry for having thrown punches). Needless to say, the homicidal rager got away with it.
  • And on & on.

(I’ll leave aside for the moment the many cyclists three successive DAs have left to rot on the side of the road after getting slaughtered while riding lawfully.)

My case departed from the formula in that I was willing to fight Ozanne and his minions’ ongoing quest to crush cyclists. No other cyclist (that I know of) charged with criminal disorderly conduct has ever taken the case to trial. It was supposed to be a quick & easy case for them. They didn’t expect that I would be willing to commit the resources (apologies to my favorite local non-profits; Ismael Ozanne’s vindictive prosecution sapped the Barrett family’s charitable funds for the next several years), and I have the will to fight vindictive types like Ozanne and his ilk in a court of law. I’ve also got my own business so I don’t have to worry about the threat of The CCAP Reputation Destruction Machine hanging over my head & my career. I was willing to risk going to jail for the three months and whatever else they threw at me. In any case, I wasn’t about to plead to any admission of violence after the drug dealer’s attack on me. Indeed, Ozanne eventually had to admit, in writing and before a judge, that there was no violence (on my part).

Cyclist-Corpse-As-Campaign Prop

Now on to the cyclists Ozanne has left rotting by the side of the road.

Remember the too-tired & too-texting motorist who ran down and killed the woman biking peaceably and lawfully in the bike lane north of Lake Mendota in October of 2012? The driver was going to get away with it, too. And Ozanne was going to just leave the victim dead, by the side of the road. Abandoned by the laws of Wisconsin.

A year & a half passed and no charges were filed.

Then, as an entirely separate matter, and with no mention of that case, I submitted an Open Records Request regarding my old closed case. I also made it clear to Ozanne that my case would be a campaign issue. Very soon thereafter, charges were filed against the texting/tired motorist (my second major victory in the battle against Ozanne). Yay to the charges, but the motivation behind the timing of the prosecution?

Feckless. Venal. Craven. Political ass covering.

Making a dead woman a campaign prop. Disgusting.

A prosecutor truly interested in justice would have filed charges immediately. Immediacy would have sent a crystal clear message to all motorists: that cyclists’ lives will be protected by the law in this county.

And the results of the Open Records Request? In a memo from 2010, Ozanne’s administration admitted that the Beloit crackhead did indeed run me off the road. But no matter, I had to be prosecuted for being—get this!—“King of the Road.”******

Yes. King of the Road. Guilty as charged.

Ozanne, on the other hand? Vindictive. Craven. Venal. Feckless. Next Wisconsin Attorney General?

Smashing Community

On so many fronts Ozanne is militating against our ideals. The entrenched, institutionalized race-disparities carried out by the Dane County District Attorney’s office over the decades have only worsened under Ozanne’s regime. His prosecutorial decisions have made this liberal-minded community an international embarrassment.

He can’t even keep his meager campaign finances in order.

His vindictiveness toward cyclists is yet another affront to a community renowned for its dedication to peaceful, planet-saving ways of getting around.

Do we want Ozanne’s community-crushing mentality to go state-wide?

Think about it next time you are JRA, say, to the polls on August 12.

###

Further explanatory notes:

*Nationally known bike lawyer Bob Mionske has a great article in Bicycling Magazine about the routine-ness of these types of vigilante assaults he calls The BuzzKill. All too often they end up in death. He hypothesizes that many cyclists who get creamed from behind are victims of poorly executed attempts at ‘buzzing’ the cyclist. A game of intimidation gone wrong.

**Before this, my record was unblemished; not so much as a traffic ticket to my name. It is important to note that while the drug dealer pissed away an adulthood frying the brain, partying down in Beloit, I spent the entirety of my college years through my late-twenties getting piss tested routinely, while serving this country, honorably and with distinction, first as a cadet, then in the US Army as a commissioned officer. Afterward, I spent my late-twenties & early-thirties improving my brain in graduate school. Contrast my long-time community involvement with the blackhole that is the crackhead’s repeat offenses against our community. There is a significant amount of research regarding the cocaine brain and its ravaging effects on the pre-frontal cortex, the area of the brain which controls judgment, planning ahead, impulse control, morality and violence inihibition. Once it is gone, it is gone forever.

***Though I was charged with one alleged crime, the list of my alleged criminal actions went on for pages and, by some accounts lasted over 5 days; by another account, over several weeks. They just couldn’t keep their stories straight. One accuser wasn’t even present (on furlough!). Again, the scenes of all of my alleged crimes were under government owned surveillance cameras. Ozanne suppressed all of that video.

****When it became clear that my letter was wending its way through officialdom and the drug dealer’s coverup for the assault would no longer suffice, the Beloit crackhead and van coordinator first denied that there was any damage to the van. When the cops made it clear that the police report would go the drug dealer’s way, the crackhead driver and friends changed their story. Suddenly, there was damage all over the van, allegedly caused by me. Their problem was five-fold: 1) one van rider/witness would not go along with the drug dealer’s story (indeed, left the vanpool shortly thereafter) 2) the drug dealer had been in sole possession of the van for at least one night 3) the entire scene in which I allegedly damaged the van was under government-owned video surveillance, 4) they suppressed the video; and….

5) The prosecution refused to render the van for inspection upon our demand. They also refused to render repair logs. So we tracked down the van ourselves. The “damaged” van was completely undamaged. We took photos of every square inch of it. Ozanne’s people had to admit that there was, in fact, no damage to the van. The vanpool fleet manager (who had helped suppress evidence) even admitted that there was no damage in an email we obtained in a separate open records request. There were no repair logs because there were no repairs to make. The Beloit crackhead lied yet again. Nevertheless, the persecutorial prosecution continued.

*****Remember, Dane County juries are notorious for letting violent motorists off the hook for slaughtering cyclists. Imagine what they would do to a cyclist who survived and stood charged with the crime of bicycling.

******”King of the Road?” Being a man of means by no means, I’ll cop to that any day!

But seriously, after my lawyers crushed Ozanne on the facts (starting with this fact: an 8’6” wide van and a cyclist cannot fit in a 9’6” lane at the same time in the same place), then obliterated his arguments in the law (his representative had no idea bikes were legal users of the road). This prosecutor (a California native, perhaps from Hollywood?) launched into conjecture. Ozanne’s representative told my lawyer that I must be prosecuted because, “He is a likely offender because he is so highly educated.” (That’s some mighty enlightened social science they teach in law school these days! UW professors nota bene: If my measly MS strikes such fear & suspicion into Dane County prosecutors’ hearts, think of what your tenured Ph.D. will do!). Then Ozanne’s representative went deep into Law & Order-esque pop psychology: “Because he knows so much about bicycle safety he is more likely to explode.” Yeah, Ozanne’s rep said that. Why? Because I’m a League of American Bicyclists certified Bike Ed instructor. Learning now forms the nexus of a criminal modus operandi. When my lawyer pointed up how bassackward they have the social science of crime, the representative went all Minority Report on us stating: “We have to prosecute him now because, since he doesn’t have a license plate on his bike, he will get away with it in the future.” Dane County, Wisconsin, where you get prosecuted today for a crime you might commit tomorrow!

Ozanne and his representative could never quite grasp the timeline of the events (that the drug dealer assaulted me, not vice versa), and that I had voluntarily reported the assault. That the crack dealer and van coordinator tried to cover up the entire incident. That they didn’t come forward with the accusations against me until the cops made it clear whose side they would be on. Etc. Was it willful ignorance? Or sheer ignorance?

Below is the original message sent by me…

…immediately after getting run off the road by the Beloit drug dealer; sent June 2, 2010 to Brian Luther (van pool manager) and Sherry Rowin (DOA risk manager):

To Whom It May Concern,

Incident 1. Today at around 4:30 PM I was attacked by one of your state
vanpool drivers driving one of your vans (license plate #1138).

I was bicycling down King St. (eastbound), then stopped at the
Wilson/King/Butler stop light in the far right lane. A state vanpool van
aggressively changed lanes and pulled directly behind me in the far
right hand lane (there was only one car in the left lane), then
proceeded to try to intimidate me by pulling to within inches of my rear
tire. When the light turned green, the
vanpool driver’s aggression intensified as the driver gunned the gas,
and passed within inches of me *in my lane* (the far right hand lane)
and then forced me into the curb. It was only through my quick witted
response that I am alive today. If she had had her way, I would be dead
in the gutter right now.

This behavior is not acceptable; especially since it was so obviously
pre-meditated and–given her reaction afterward–unrepentant.

Here’s what happened next: The driver, a middle aged, short, obese woman got to the stop sign at
the bottom of the hill and proceeded to berate me. So we now know that
murderous behavior is fully justified in her mind.

And she is driving a state van.

Incident #2. On Thursday, 28 May, 2010, at approximately 4:30 PM, a
state vanpool van drives westbound on the 100 block of E. Main,
approaching the King St. intersection. (The driver was a woman, of
similar description as above (but am not certain it was the same
person). State van; didn’t get license.)

The situation I witnessed: Light is red. Another car is already waiting at the light
ahead of vanpool van. The light turns green, the car driver, obviously a
confused, older tourist from Illinois
(IL plates), pulls forward and hesitates a bit. The vanpool van driver
behind her lays on the horn causing yet more confusion all around. This
goes on for 15 or 20 seconds, the horn blaring & blaring… Pedestrian
witnesses yell at the van driver to lay off. Thus, for what had been just a
simple and understandable state of confusion by the Illinois driver (it is
a confusing intersection for first-time visitors), the vanpool driver
lashes out in an act of extreme rage and aggression.

Again, I’m not absolutely sure & couldn’t swear to it, but I think it
was the same woman as in incident #1. In any case, the woman who drove
the van in incident #1 should not be driving the state van.

A human life and peaceable city surroundings are worth infinitely more
than her great big hurry and redneck attitude.

I demand to know the identification of the driver and the result of this
complaint.

Please keep in mind that this sort of anti-bicyclist/pedestrian behavior
used to be routine among bus drivers in Madison.  Things got so bad in
the late 90s that we
cyclists and pedestrians created a huge stink and generated enough
political pressure to entirely revamp Madison Metro’s hiring & training
policies.
The anti-Madison attitude exhibited by the drivers (most from out of town) at the time had led
to extremely dangerous behavior. But stricter hiring and training
procedures has since resulted in much more courteous and safety minded
drivers. Problems have ebbed considerably.

I demand that you to take responsibility for your fleet and insist that
your drivers drop the attitude and behave in a civilized, safe manner.

If you are not the person in charge of training drivers and ensuring
safe driving of state vans, please send me the email of the person who
is in charge.

And for whatever it is worth, I am a Certified League of American
Bicyclists Cycling Instructor
(http://www.bikeleague.org/cogs/programs/education/instructor_detail/18), so I know safe traffic operating procedures and always follow them.

Sincerely,

Michael D. Barrett
[…]
Madison WI […]
[…]

***

Sherry Rowin, Rollie Boeding (Wisconsin Department of Administration risk managers), Brian Luther (Wisconsin State Vanpool Manager) Capitol Police Officers Dave Calhoun, Mitch Steingraeber, Lary Corcoran, Brad Solda and Det. Ed Bardon, then set about concocting & coordinating the crack dealer’s story. Dane County District Attorney Ozanne bought it.

Like Water for Oil

September 13th, 2013

Though it is about energy, this article is highly relevant to managing our water resources as well:

Just substitute the word water for “energy”/”natural gas”/”electricity” wherever they appear in the article. The following tract gets at the conundrum the Madison Water Utility seems particularly stymied by:

“In addition, state regulators should reward utilities for helping residential, business and industrial customers use energy more efficiently, and stop the widespread practice of penalizing utilities when their sales level off or decline because customers are using less energy. When regulators set rates, they establish targets for utilities’ allowable revenues, and this unintentionally links the companies’ financial health to robust sales of electricity and natural gas. The problem can be solved if regulators allow modest annual rate adjustments that correct for any unexpected changes in utility sales.

“Half the states have instituted such “decoupling” systems for at least some of their investor-owned natural gas and electric utilities, but the process is taking too long and only one publicly owned utility, the Los Angeles Department of Water and Power, has adopted these reforms. The rest should step up.”

Indeed. And this a model for conservation that has been promoted by citizens in the past. Unfortunately, this is an economic model (Econ 101-level) that seems to be alien to MWU management. Instead, they perform their incantation rituals for more drought to fill the utility’s coffers:

It will be more than three years since water rates have gone up for Madison Water Utility customers. The Water Utility had planned to file for a 12% increase in 2013, but officials say it was not needed because of high water use during last summer’s drought.

A forward-looking lot over at Olin Ave…..