Motley Blog

"Salus Populi Suprema Lex"

2012-05-10T21:01:47Z

"Salus Populi Suprema Lex" (The Health of the People is the Supreme Law) -Marcus 'Tully' Cicero

This quote, cited frequently during the overthrow of European Monarchies in the 17th and 18th Centuries, says it all, yes? -

Dan Savage - The American Marquis De Sade?

2012-05-04T23:18:06Z

Rocky Mountain Roundtable, 2012

2012-04-30T23:51:10Z

Utah Governor Gary Herbert hosted a 'Rocky Mountain Roundtable' with Governor Otter of Idaho and Mead of Wyoming, all Republicans, last Friday April 27. Designed to loosely build political support for Utah challenges of Federal regulations and land ownership the event was more of an extended free form press conference than anything, and in that, it succeeded. Personally, I think there is a non-partisan balance point on Western Federal land issues, but it will be difficult to reach.

The Ten Commandments of Little Death Hollow

2012-04-03T01:37:46Z

(Little Death Hollow is a long side canyon of the Escalante River that builds slowly to superb narrows and a heavenly, nearly two mile long, slot section near its mouth. The Escalante region of southern Utah was the last to be mapped in the lower 48 States and this canyon is about as far as you can get from regular highways in a two wheel drive vehicle in the United States - in dry conditions!) 1.

I am a Jealous God and you shall put no other Canyon before Little Death Hollow, my home. You shall not say my name for any bad purpose or to any bad person. I am male, but my home is female. If you had needed climbing ropes to access me I would have given you the glands of a spider. I am here now, but I may leave at any time, especially after a flood.

]]> 2.

The road of the two wheel drive petroleum powered chariot to me is long and there is no place more isolated in my chosen nation, the United States of America. Though shall not approach me without ample fuel, food, and water in your chariot. Thou may bring the book ‘Harry Potter and the Deathly Hallows’ if thou has young ones, but thou shall leave this book, magic wands, and quidditch sticks in thy chariot. Thou may bring trekking poles and hiking sticks. Thou shall approach me at the end of your trip, not at the beginning.

The length of Little Death Hollow is 7-8 miles, each way, a total of 15-16 miles. Thou shall not approach me unless thou understands that this distance is not on a trail and can be rough and slow, as well as through burning rocks and without water. Thou may hike me in a loop, with or without tent, if thou already knows me, but thou shall only do so by descending Wolverine Canyon and ascending me. If thou are disabled you may approach me via Horse Canyon in a properly equipped chariot. Thou shall bring along with you unleavened bread, the dried fruits of the trees and vines, smoked meats and cheeses, and the cacao of the Maya to sustain thee during thy journey.

The best times to approach me are shortly after Lent or sometime after the leaves of the Cottonwood become golden at All Hallow's Eve. My way can be hellish during the summer and can require more strength than an average, fit, walker can bear. In Winter, I am filled with Ice.

Thou shall not attempt me if not prepared in body and mind. If thou does not understand these commandments above thou shall not attempt me. If thou are walking in my path there are other alternatives by which you may first prepare thyself. You may get to know me with great ease at my other home in the Antelope Canyon of the Navajo Nation. This is, technically, cheating, but the Navajo are a chosen people and they are forgiven. (From the trip description posted on Aaron Megquier's Blog.)

Thou shall sign the book of attempts posted by my Federal servants before starting, a proper and prudent thing. Thou are free to make any additional positive or negative comments as thou sees fit. Thou shall revere the signs of the ancestral puebloan hunters who have approached me in ages past. Thou shall not make any additional comments upon these signs. The way to my door is broad and easy. Though thou shall have no problem approaching me through this way be wary that it is within my power to strike you dead as thou depart me should you err in the sections below.

Thou shall enter my front gate and property at the Pillar and Fin of the Burning Rock. Here the way is still easy, but the trail at times will fade in the cobbled wash. Here, the lion of America may watch, but you shall not see. If you are not clear in body and mind at this point, do not proceed.

Thou shall enter my house at the arches – while passing a small window arch immediately next to the trail thou shall look up to the left following and note the grand sign of your entrance. (From the 'Bob's Arches' Website.) Beyond this point make note of my gallery of offerings and add to these with a finding of petrified wood or as you otherwise rightly see fit. My floods will purge the least worthy of these offerings, so place thine with thought. Here my way becomes narrow at times and is more often rough, but all whom you shall meet in my house will be blessed with your acquaintance. If you are not clear in body and mind at this point, do not proceed. (From the Prince-Ricker Family Website.)

Thou shall enter my sacrificial altar for the sacred cow at the trapping house rocks. It is for this trap that the stockmen of yore gave me this name, but that does not mean I will not accept human sacrifice either. Some have speculated that the bones of Everett Ruess lie buried in my sands. Even to this day stock may become trapped. Mother and Calf shall dies the soonest, but the Bull, or Steer, may yet run in this hall. Let this altar serve as a warning as to what may happen to thou if thou venture farther than thou are prepared to return in the slot canyon below or I have chosen to leave this house. Here the way becomes more narrow and the burning rock shall occasional brush thy body. This is time not to rush forward, but to proceed slowly and let my eyes come to know you. If you are not clear in body and mind at this point, do not proceed.

10.

Thou shall enter my soul and slot at the first chokestone, beyond which no cow may proceed. Thy dog may accompany you, but do not let an unleashed, if loved, beast, tempt you into depths from which you cannot return, for it is here where the unprepared or the un-cautious are most likely to die. Here, my burning rock shall press upon all of your body and thus shall we know each other. Thou shall not descend any chokestone that thou cannot climb back up as the exit from my bottom is never assured. Thou may use the assistance of companions or the stacking of visible rocks, if in doubt. Thou shall not make any assumptions about the depths of pools of water below thee. Thou shall turn around at any point here where the way becomes to difficult or the body is ready to return for it is better to be alive with my holy light than dead with thy stupidity.

11.

If thou has prepared properly thou shall celebrate in my altar or gallery before one departs my home. Thou shall not drink alcohol but thou may imbibe my chosen flowers or the physical pleasures of the body with a respected and cherished companion in the spaces I have provided for these celebrations. All should eat and rest briefly in order to best bring my soul with them on their safe return.

A Song for the Time Railroad Earth - 'Potter's Field'

2012-01-23T21:54:52Z

Ron Paul on Civil Rights

2012-01-21T19:40:18Z

I've been having some very detailed discussions regarding Ron Paul over on Facebook, the most revealing and productive in response to a Ralph Nader endorsement of Mr. Paul on my own page. The details of Ron Paul's issues are important - even if you do disagree with 40% of what he stands for, and, perhaps tragically, above the head of most Americans these days. A sorry testament to the true effectiveness of our educational system. If you are in fact open minded, and care about the future of this country, read this.

Book Review 'Lunar Park' by Bret Easton Ellis (2005)

2011-12-29T21:22:03Z

I've had an obsession with Bret Easton Ellis for sometime, once minor, but slowly growing, perhaps now to dangerous levels with the meta-fictional work 'Lunar Park'. The movie version of 'American Psycho' (2000, based on a 1991 book), a genius critique of Reagan era Wall Street all the more relevant today, was what first garnered my serious attention. But it was his relatively minor 1987 work 'Rules of Attraction' released to the big screen in 2002 that began the obsession - based loosely on his time at the small radical college Bennington the story reminded me closely of my own experience at the very similar Hampshire College. The fact that I had been involved in a personally impactful triangle that included a Bennington student as a third in a fashion not unlike those of the book sunk that particular 'hook'. ]]> I hailed from Suburban L.A, though we left for the Pacific Northwest in the interim - likely, in part, to avoid a future for myself like that of his 1985 book, 'Less than Zero'. (Those of us heading East to be radicals during the Reagan era were a relatively small group, notably including Richard Rushfield.) 1985, the year of Mr. Ellis' young success was the year I got kicked out of Hampshire College - curiously being portrayed as a lesser Patrick Bateman, in my opinion in retaliation for my 'real' work criticizing Reagan era Wall Street via promoting S. African Divestiture nationally. Truth to be told there were drugs involved in this fall. That is one of my best stories, as yet untold. In 'Lunar Park' Mr. Easton Ellis brings these semi-autobiographical fictional characters to a story where the author himself stars in his own Stephen Kingesque horror story. Meta-Fiction indeed! Methinks it is time for some derivative non-fiction...

Occupy Eric Holder, #3

2011-12-29T20:39:13Z

Occupy Portland is establishing itself as one of the smartest, and effective, mass 'occupy' movements - take note of their protest strategy, as many others have done, including with over 15,000 shares on FaceBook. The basic idea here is not one of resistance, but of a fluid response - appropriate for this rain soaked pinnacle of Pacific Northwest ecological urbanism. And this fluid 'Occupy' response is now going exactly where it should, to the Courts. After all, we are constitutionally guaranteed recourse against our government, no?

Is Ron Paul anti-gay?

2011-12-29T19:53:35Z

Now leading the Republican pack in Iowa Ron Paul has become the focus of media scrutiny, most of which is focused on whether his anti-government approach equates to racism. Alex Jones summarizes these efforts nicely, and I, personally, am reminded of the Gingrich attacks against Bill Clinton in the 1990's. As always attempting to stay one step ahead of the media machine Motley Tools asks, is Ron Paul anti-gay? For the full story on this Sacha Baron Cohen (Borat) moment in the movie Bruno, see the full story here. Seriously, I do believe this is an important subject for debate - and personally, I do believe that we need government involved in establishing basic protections such as in 'civil unions' - for everyone. Marriage should go further than these basic protections, but that is up to the couple themselves, and any church they choose, or choose not, to associate with...

A Small Political Observation

2011-12-20T21:11:49Z

How is Ron Paul doing in Iowa, whose caucuses are scheduled for January 3rd, immediately after the upcoming holiday season? It looks like Paul may well be nudging out both Newt Gingrich and Mitt Romney by a whisker. Russia Today, an increasingly relevant source of global news claims Paul is winning, citing a study from Public Policy Polling, an organization I know nothing about. I am aware that Glenn Beck has been pumping Newt Gingrich as of late, and this would explain Newt's recent surprise bump in the polls, a bump that now may be deflating.

Is Comprehensive Land Use Planning Worthwhile?

2011-12-20T20:31:19Z

just dropped the planning product of a two year process with over 150 public meetings. ]]> I'm not an expert per se, save for my own anecdotal experience. The blog entry immediately preceding (below) this one does address these questions, and, in context, addresses my own personal story. One of the biggest benefits of comprehensive planning should be the financial control of the costs associated with growth, as well as bringing the decision making processes which decides which properties benefit out of the metaphorical cigar filled back room. But the sad fact is that in practice, at least in Washington State, it is a FAILURE. The current Governor, Christine Gregoire, the former State Attorney General and head of the State Department of Ecology during the implementation of environmental land use regulations has created a political machine where only her political patrons and legal colleagues are able to engage in very profitable development activities. Tragically one of the strongest weapons in her toolbox are previously abused minorities that are more than happy to turn the cycle of abuse where ever Governor Gregoire and her career cohorts point their defamatory, and corrupt, finger. In my opinion, this FAILURE, is symptomatic of much of the current crisis we see in America today. La Plata County here in Colorado might well have been right to suspend their planning activities. Getting it right is essential, and this County does have the potential to create a model of success for the rest of the Nation.

UPDATE: Alaskan Way Viaduct Growth Management Act Challenge

2011-12-20T00:52:08Z

RCW 36.70a.120 concerns internal financial requirements. Perhaps even more important for the future of Growth Management is the regional coordination requirements, including fair financial dealings, as in RCW 36.70.100. As you will recall, the State Legislature required the City of Seattle to cover any cost overruns. Numerous legal authorities have said this is unenforceable, including Rob McKenna and former King County Prosecutor Sally Bagshaw who infamously stated that "virtually every Attorney in Seattle" concurred. I argue, Pro Se, the contrary, extending the Growth Management Act to the full (and appropriate) limits of its authority. Here's the original petition: There were some interim pleadings, refining issues and the like that I believe are safe to omit. The Central Puget Sound GMHB's final response was in a PDF: Download PDF File Follow the jump to see my response, a 'MOTION FOR RECONSIDERATION'. ]]> BEFORE THE CENTRAL GROWTH MANAGEMENT HEARINGS BOARD STATE OF WASHINGTON (PAGELER, PAOLELLA, MULIKEN) Douglas L. Tooley, Petitioner, Case No. 11-3-0008 (Tooley II) v. MOTION FOR RECONSIDERATION Christine Gregoire, Governor of Washington State Richard Conlin, Seattle Council President Mike McGinn, Seattle Mayor, Respondents. This motion only addresses the arguments dismissing the case for lack of jurisdiction. Petitioner does admit that the Central Puget Sound Growth Management Hearings Board (CPSGMHB) does not have the authority to halt the project at this time and any relief would be limited to those specifically outlined in the Growth Management Act AND any findings that would be relevant to future local and State government actions addressing regional financial equity, a subject specifically under the authority of the GMHB. It is noted, again, that no case law exists to guide the board toward that end or in the construction of its findings. The analysis of the CPSGMHB as it addresses these issues suffers first from attempting to apply case law where it **is not** appropriate and secondly from negating the extension and application of case law where it **is** appropriate. By GMHB case law, including the nearly identical case, Tooley 1, the finalization of the project, for GMHB purposes, can include the adoption of the FEIS. Petitioner has never espoused the “popular belief” that an EIS demands any specific substantive result, rather that the completion of the EIS is necessary for a government to make an informed decision, to do otherwise is merely to put the law above science, a disturbing trend of legal practice in this new century advocated by activist judiciaries of both partisan persuasions. Additionally citing the CPSGMHB’s case Open Frame LLC v. City of Tukwila that preliminary decision making is not subject to jurisdiction, it is exactly the FEIS that documents the FINAL analysis and presentation of those previously discussed facts. The question as to whether the Viaduct Replacement Project constitutes a de facto amendment to any Comprehensive Plan is not addressed by the Board, though the subject has been discussed. It is not clear what the effective date of the project is from documents on the record, this is not a fault of the petitioner, but rather of the State and City. Allowing such unprofessional behavior to preclude accountability would be a substantial abuse of the power of the practice of Law. Further, the inappropriate public statements made attributing previous project delays to the citizenry, not public and private proponents would suggest such practices are malicious and conspiratorial in nature. The State, and City, had only one option where a modified EIS process for a project of this size and Comprehensive Plan modifying scope, that would’ve been a direct replacement of the existing Viaduct. The matter of jurisdiction on the project financing issue is not fully addressed by the CPSGMHB. RCW 47.01.402, where cost overrun responsibility is required, is, in fact a (unchallenged) de facto amendment of applicable internal Comprehensive Plan financial elements as in 36.70a.120. The argument concerning jurisdiction via GMA regional coordination requirements including external financial elements suffers from same flaw regarding identification of a specific project action for the purposes of GMHB jurisdiction, the FEIS, pursuant to GMHB case law, is sufficient for consideration. These above problems do indicate a fruitful area for the development of Legislative intent and codified procedure, including in the areas of GMHB financial authority and as de facto amendments of comprehensive plans via project action and the APA and would hope that the Board bring any concerns or lessons to that bodies attention. The pleadings in this case though are within the confines of the Growth Management Act, even if at the very limit of those powers. PETITIONER Signed Electronically_________________ Douglas L. Tooley P.O. Box 3135 Durango, CO 81302

A Song for the Time Burl Ives - 'Ghost Riders in the Sky'

2011-12-16T22:11:54Z

I'm spending my first Christmas in the desert SW, and getting at least a bit more exercise, though even with the sun it is quite cold. This isn't a Christmas song, per se - but it works for me.

Public Land and a Full Employment Plan for the 99%

2011-12-05T20:37:29Z

The Durango (Colorado) Herald reports on a call for action from Headwaters Economics signed by 100 Economists and Academics regarding the use of Public Lands to stimulate employment. The subject of selling public lands to pay off the deficit is also raised, but not given a high priority. I've got a friendly amendment to that, how about transferring Federal Lands to local municipalities to fill the FAILINGS of the Federal Government, however they so choose....

Utah and the Feds

2011-11-28T22:58:40Z

Never mind Mitt Romney's strong bid for the Republican party's nomination to be the next U.S. President, but do consider these three court cases between Utah and the Federal Government. Perhaps symbolically most important is a case regarding public access to Federal Lands - of which there is an awful lot in Utah. I've touched on this issue in another area of the State, but not far away. With greater business implications, but also symbolically revealing of corporate business practices in America today, consider the Utah based anti-trust lawsuit against Microsoft, for the benefit of the Utah based Novell, once the leader in word processing (Word Perfect) and computer networking. Lastly, there is a Federal action against Utah for its current immigration law. As you might recall, I'm having my own battle with the Federal Government over the abusive handling of a camping ticket in SW Colorado, less than an hours drive from that State, and perhaps the heart of the Four Corners region. Occupy Access to America's Public Resources and PROSECUTE THOSE THAT TRASH OR PREVENT THEIR USE!