Category Archives: Law

Citizens can video on duty police —Supreme Court

The Supreme Court has declined to review a Seventh Circuit Court of Appeals decision that struck down an Illinois law prohibiting audio recordings without permission, echoing last year’s First Court decision that you can record police on the job. Let’s remember it’s not just police:

“Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting

‘the free discussion of governmental affairs.’
”

That means all elected or appointed or employed government officials, from County Commissioners and City Councils down through sheriff and police departments to the Animal Shelter. Police are employees, not elected or appointed, so these rulings would appear to apply to other governmental employees.

Radley Balko wrote for Huffpo 27 November 2012, Supreme Court Inaction Boosts Right To Record Police Officers,

The Illinois and Massachusetts laws have been used to arrest people who attempt to record on-duty police officers and other public officials. In one of the more notorious cases, Chicago resident Tiawanda Moore was arrested in 2010 when she attempted to use her cell phone to record officers in a Chicago police station.

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How to implement trash, health, and safety?

Disposal of solid waste (trash/garbage) is a matter of community public health and safety and providing such service is the responsibilty of the local governing bodies. How should trash health and safety responsibly be implemented?

We cannot be left in a situation where residents are either “forced to buy” service from a provider, or have no option but to burn their trash. The government can levy a tax, but they cannot say that residents are forbidden to buy a service from an independent provider.

Such a ruling is

  • unfriendly to those who currently own, or want to start a waste collection business in our county,
  • unfriendly to the residents who are counting on the government to follow the state-legislated goals to
    “protect the health safety, and well-being of its citizens and to protect and enhance the quality of its environment” ,
  • unfriendly to the environment as trash ends up on the side of the road or polluting the air by being burned and leaves us to face a new problem on a different day.

Residents in the unincorporated areas of the county who want curb side collection, for the most part, already purchase it. Those of us using the collection centers do so because it is our preference.

The county should (in my opinion) create a special tax district for waste disposal (it already makes special lighting districts) and tax the residents for the maintenance of the collection centers.

-gretchen

Who implements trash, health, and safety?

As we’ve seen, solid waste is a matter of public health, safety, well-being, and the environment, according to Georgia state law. Whose responsibility is it to protect the environment and the public health, safety, and well-being from solid waste?

Many health and safety issues are handled through the health department, Diagram of the waste hierarchy including the Georgia Department of Public Health, and the South Health District (Ben Hill, Berrien, Brooks, Cook, Echols, Irwin, Lanier, Lowndes, Tift and Turner Counties). Particularly, water quality (septic tanks, well water), food safety, cleanliness of hotels, motels, restaurants, swimming pools and so on are the responsibility of the local health department, such as the Lowndes County Health Department.

However, disposal of solid waste (trash/garbage) is handled by the local municipality or governmental body (county).

The EPA has a variety of documents available about solid waste.

So does the state EPD, as enabled through Georgia Legislation: Existing Rules and Corresponding Laws.

So, where does this leave us? See next post.

-gretchen

Trash, health, and safety

Solid waste is a health and safety issue, according to Georgia law.

According to the Georgia Department of Natural Resources copy of the GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT ACT OF 1990 AS AMENDED THROUGH 2004,

O.C.G.A. § 12-8-21. Declaration of policy; legislative intent

a) It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for solid waste management and to prevent and abate litter, so as to assure that solid waste does not adversely affect the health, safety, and well-being of the public and that solid waste facilities, whether publicly or privately owned, do not degrade the quality of the environment by reason of their location, design, method of operation, or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste.

Emphasis added on the parts about health, safety, well-being, and the environment. Those are the goals of this legislation, stated twice in the first paragraph. Georgia being a home rule state, the implementation of these goals is now left to the local governing bodies. More on that next.

-gretchen

U.S. has “moral responsibility to reduce the flow of [drug] money towards Mexico” —Felipe Calderón, President of Mexico

The Mexican president who put the Mexican Army onto the streets to stop the drug war, resulting in 40,000+ deaths, many collateral damage like the son of writer Carlos Fuentes, the Mexican president who a year ago started hinting that that didn’t work and something else should be done, is already following the path of his predecessors Ernesto Zedillo and Vicente Fox, in calling for the U.S. to end the war on drugs. Georgia can’t afford to continue spending a billion dollars a year to lock people up, especially while cutting education. If we listen to the Mexican presidents, we can save much of that billion and spend much of the savings on education.

T.W. wrote for the Economist 23 November 2012, “Impossible” to end drug trade, says Calderón,

In an interview recorded last month for this week’s special report Felipe Calderon, President of Mexico on Mexico, Mr Calderón said: “Are there still drugs in Juárez [a violent northern border city]? Well of course, but it has never been the objective…of the public-security strategy to end something that it is impossible to end, namely the consumption of drugs or their trafficking…

“[E]ither the United States and its society, its government and its congress decide to drastically reduce their consumption of drugs, or if they are not going to reduce it they at least have the moral responsibility to reduce the flow of money towards Mexico, which goes into the hands of criminals. They have to explore even market mechanisms to see if that can allow the flow of money to reduce.

“If they want to take all the drugs they want, as far as I’m concerned let them take them. I don’t agree with it but it’s their decision, as consumers and as a society. What I do not accept is that they continue passing their money to the hands of killers.”

The Economist article spelled out what Calderón still doesn’t quite say:

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TV station gets it: Territoriality Law prevents solar in Georgia

Local TV is getting it about solar in Georgia, and what’s holding it back!

WSBTV.com posted 20 November 2012, Georgia law keeps power customers from saving with solar energy

Supporters say it could save some people big on their electric bills, but leasing solar panels in Georgia isn’t worth it because of a current state law.

Critics believe it gives Georgia Power a solar monopoly and prevents consumers from saving money.

Jeff Sain installed solar panels on his Dunwoody house because his electric bill was nearly $600 a month in the summer. With solar his Georgia Power bill plummeted.

“The first month’s power bill, I saved 91 percent on my power bill,” Sain said.

Purchasing solar panels required a big outlay of cash. Sain spent $32,000.

But companies in 14 states now offer systems that can be leased with no upfront costs. However, you get less in savings because you have split it with the leasing company providing the equipment.

“Typical savings if you lease panels as people do in other states will be 30 to 50 percent of your power bill,” Consumer advocate Clark Howard said.

The main law that prevents us getting financing for solar like in Continue reading →

GaSU wins at GA PSC, but will GaSU help all of us win in the legislature?

GA PSC Stan Wise’s 2009 nuclear CWIP lobbying points eerily matched Southern Company’s, but suddenly he’s got separation-of-powers religion about Georgia Solar Utilities (GaSU). The PSC recommended GaSU’s utility bid anyway. When the legislature takes that up in a month or so, will GaSU CEO Robert Green, unlike SO or Georgia Power or Stan Wise, help the rest of us little people fix the 1973 Territoriality law so we can sell our solar electricity on a free market?

Dave Williams wrote for the Atlanta Business Chronicle yesterday, Georgia Public Service Commission moves ahead on solar energy,

Georgia Power logo The Georgia Public Service Commission approved a plan by Georgia Power Co. Tuesday to acquire an additional 210 megawatts of solar generating capacity, more than tripling its investment in solar energy.

GA PSC PR about 20 November 2012 decisions But a sharply divided PSC also gave a potential competitor to Georgia Power its blessing to appeal to the General Assembly to amend a 39-year-old law that gives the Atlanta-based utility the exclusive right to continue serving existing customers.

Under Georgia Power’s Advanced Solar Initiative, the company will buy solar power produced by both large “utility-scale” solar farms and from smaller projects operated by residential and commercial property owners.

Right, that’s actually only 10 Megawatts from “smaller projects”, maintaining Georgia Power’s monopoly while throwing throwing a bone to the rest of us.

While the PSC supported Georgia Power’s plan unanimously, a subsequent motion by McDonald encouraging other solar utilities interested in serving Georgia to pursue their plans with the legislature passed by the narrow margin of 3-2.

Georgia Solar Utilities Inc., a company launched in Macon, Ga., earlier this year, filed an application with the PSC in September for authority to generate solar energy in Georgia on a utility scale.

The two Nay votes were from the two recently-reelected PSC members, apparently now thoroughly in the pocket of the incumbent utilities. Here’s one of them now:

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Car wash, parking, alcohol, and night flights: Videos @ GLPC 2012-10-29

The Greater Lowndes Planning Commission made recommendations on cases involving buffering a car wash, sizing parking spaces, alcohol at a corner store, and a development inside the Moody exclusion zone, all at its 29 October 2012 Regular Session.

Here’s the agenda, and here’s a video playlist, followed by a summary of the cases.

Regular Session, Greater Lowndes Planning Commission (GLPC),
Video by Gretchen Quarterman for Lowndes Area Knowledge Exchange (LAKE),
Valdosta, Lowndes County, Georgia, 29 October 2012.

Valdosta, Final action Thursday 8 Nov 2012

2. CU-2012-07 Stafford Properties

1609 Norman Drive, Valdosta
Request for a Conditional Use Permit (CUP for a Car Wash in a Community Commercial C-C zoning district.

Developer from Columbus spoke for.

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Alcohol at the corner store? @ GLPC 2012-10-29

The old store at the corner of GA 122 and Cat Creek Road was the subject of debate over alcohol at the Planning Commission’s 29 October 2012 Regular Session. Here’s a playlist.

This was the rezoning item:

4. REZ-2012-16 Cook County Land Ventures
SW corner of Georgia Highway 122 East and Cat Creek Road, Hahira
Request to rezone ~2 acres from E-A (Estate Agriculture) to C-C (Crossroads Commercial)

County Planner Jason Davenport said the owner wants commercial zoning for a store, since previous conditional use had expired, and there was concern about prohibiting alcohol, especially if Continue reading →

Video playlist @ LCC 2012-11-13

The County Commission continues to do the peoples’ business in secret. The solid waste exclusive franchise agreement was tabled for a month, due to some mysterious new information, and two citizens pleaded with the Commission to reconsider the whole thing. The developer who got to speak at Monday’s Work Session asked for his development to be tabled for a month, and the Commission did so. After the meeting, three people from Moody AFB trooped into a side room with the Chairman.

Also, if it’s a privilege to serve and an honor to be appointed, why does the Lowndes County Commission not tell us who they are appointing? In the Work Session they muttered some proposed names unintelligbly, and in the Regular Session they didn’t say anything about who some of the new appointees are, and none of the appointees spoke. As near as I could tell, only one bothered to show up: VLCIA reappointee Mary Gooding.

Update 2012-11-20: Jody Hall reminds me he was there as an appointee. He says he was ready to speak, but nobody asked him to.

Here’s a video playlist:

Video playlist
Regular Session, Lowndes County Commission (LCC),
Videos by Gretchen Quarterman for Lowndes Area Knowledge Exchange (LAKE),
Valdosta, Lowndes County, Georgia, 13 November 2012.

Here’s the agenda again, this time with links to the videos plus a few notes.

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