Paul Soglin: Waxing America

On Compromise

Two weeks ago, I had the opportunity to address attendees at a Downtown Madison Inc. breakfast meeting.  The issue of illegal signs and advertising was discussed. One member of the audience asked if I was willing to compromise.

I responded by saying, “I’m not interested in compromise. What I am interested in is coming to reasonable conclusions as to what will work when we value- when we look at all of these values…”

The media message that came from this was that I would not compromise. When the headlines focused on the first sentence of my statement, readers felt that I was intransigent in my position, unwilling to change or listen to others.

Compromising is not problem solving. Refusing to compromise is not refusing to consider alternative solutions.

Others have said it more eloquently than I could.

Stephen Covey, the author of Seven Habits of Highly Effective People who recently passed said, “Compromise is the result of not properly perceiving the possible synergy of the situation.”

Brad Feld, Managing Director of Foundry Group said it best:

Compromise is a negotiation strategy, not a problem solving strategy.

• Compromise doesn’t care whether or not you actually solve the root cause problem.
• Compromise is two polarized positions converging based on each giving something up rather than problem solving.

 “The downside to compromising is that it can be an easy way out and reduces new creative options.  If you constantly split the difference or ‘straddle the fence,’ game playing can result and the outcome could be less than ideal.” Fisher, Ury and Patton, Getting to Yes, 1991

And, by the way, the discussions on signs and advertising continue.

The Castle Doctrine and The Coming Gunfight

The tragedy in Florida where young Trayvon Martin was murdered was inevitable, This post is from six years ago.

The twisting and manipulation of the Castle Doctrine is quickly moving the United States in a dangerous direction. The radical right now distorts a principle which dates back to the English Common Law, with roots in Roman society.

The concept is simple. Confronted with violence, once is always expected to retreat. Retreat is the rule, not the exception. Then an exception was carved out allowing the use of deadly force if reasonably used in self-defense. But always, there was first an obligation to retreat.

A thousand years ago our ancestors realized that if civilization was to move forward, the obligation was on everyone to retreat.

From this another exception was carved.  Once within his home the Englishman, faced with nowhere else to flee, obligated to protect his family and property, was entitled to use deadly force, but only as necessary to stop the intrusion. During the reign of King Henry VIII:

Duty to Retreat

Historically, English common law justified deadly force only in circumstances where one was executing the law -- effecting a legal arrest or preventing violent felonies ( see Perkins, Self-Defense Re-Examined, 1 UCLA L Rev 133 [1953]). When deadly force was reasonably used in self-defense it only excused -- but did not justify -- the homicide ( see Wharton, Homicide § 3, at 211 [1855]). The difference was more than theoretical, as the excused killer was subject to property forfeiture and, at times, even a penal sentence ( see Dressler, Understanding Criminal Law, [3d ed], § 17.01, p 205). However, with the enactment of 24 Henry VIII, ch 5 (1532), the justification defense was enlarged to include deadly force reasonably used in self-defense. This broader reading of the justified use of deadly force was further refined by cases involving attacks in the dwelling of the defender. Such a defender -- even if the original aggressor -- did not have a duty to retreat when inside the home, or "castell" (Lambard, Eirenarcha, or Offices of the Justice of the Peace, 250 [1599]).

Our contemporary castle doctrine grew out of a turbulent era when retreat from one's home necessarily entailed increased peril and strife ( see Thompson, Homicide in Self- Defense, 14 Am L Rev 548, 554 [1888]). The rationale that evolved -- now widely accepted -- is that one should not be driven from the inviolate place of refuge that is the home. "It is not now, and has never been the law that a man assailed in his own dwelling, is bound to retreat. If assailed there, he may stand his ground, and resist the attack. He is under no duty to take to the fields and the highways, a fugitive from his own home" ( see People v Tomlins, 213 NY 240, 243 [1914] [Cardozo, J.]).

The home exception to the duty to retreat reflects two interrelated concepts -- defense of one's home, and defense of one's person and family. "The house has a peculiar immunity in that it is sacred for the protection of a person's family," and "[m]andating a duty to retreat for defense of dwelling claims will force people to leave their homes by the back door while their family members are exposed to danger and their houses are burgled" ( State v Carothers, 594 NW2d 897, 900-901 [1999] [Minn] [internal quotations and citations ommitted]). Yet somewhat at odds with this privileged status accorded the home is the state's general interest in protecting life. "The duty to retreat reflects the idea that a killing is justified only as a last resort, an act impermissible as long as other reasonable avenues remain open" ( People v Jones, 3 NY3d 491, 494 [2004]). Indeed, requiring a defender to retreat before using deadly force may in fact be "the more civilized view" (LaFave, Substantive Criminal Law § 10.4 [e], at 155 [2d Ed]). Inevitably, then, a balance must be struck between protecting life by requiring retreat and protecting the sanctity of the home by not requiring retreat.

.....The Legislature also incorporated the castle doctrine -- balancing the competing interests of protecting the home and protecting life -- directing that the duty to retreat does not apply when the defender "is in his dwelling and not the initial aggressor"... If the attack occurs in the dwelling, a defender need not retreat but may use reasonable force to repel it. (emphasis added)

Now the radical new Republican right wants to take the exception and make it the rule nationally, having succeeded in Florida.

Here is what the NRA POLITICAL REPORTsays:

The right to defend yourself against violent, criminal attack is a fundamental human right. NRA-ILA is in state capitals, fighting for laws like the Castle Doctrine, which guarantees your right to defend yourself against criminals anywhere you have a right to be. We're also fighting for Workers Protection laws, to prevent employers from discriminating against employees who choose to keep firearms in their locked vehicles while working.

The intent is straightforward though not honest.  First, the Castle Doctrine now becomes the rule, not the exception.  At the grocery, the ball game and the tavern, there is no longer a requirement to retreat.

laws like the Castle Doctrine, which guarantees your right to defend yourself against criminals anywhere you have a right to be

Bu the bigger lie is here:

guarantees your right to defend yourself against criminals anywhere you have a right to be.

A dispute with the next guy over the parking space? Bam! Bumping into the other shopper's cart? Boom! Didn't like the way he was looking at you? Blam!

All one of the parties has to do is perceive that the other is not backing down; from there we have the physical confrontation with no obligation to retreat, and permission to use deadly force if you believe your own life is in danger.

Employers in Florida and other states want firearms out of the parking lots and workplaces. The NRA is claiming that their Property Rights allow them to take their gun (property) wherever they go. Whatever happened to the the person who owns the property, the real property?

Edit note: this was originally posted Feburary 27, 2006.

Turn Off Those Lights!

I ask you to join me in recognizing Earth Hour later this month.

 On Saturday, March 31st at 8:30 p.m., hundreds of millions of people around the globe will turn off their non-essential lights for one hour during Earth Hour – an innovative campaign that raises awareness on sustainability and the environmental challenges we all face.  Earth Hour is about raising consciousness, capturing people’s imaginations and empowering them to make a difference.  The City of Sydney was the first to switch off in 2007.  In 2008, Earth Hour went global and 50 million people around the world took part.  Last year, Earth Hour reached 1.8 billion people from over 5,000 cities and towns in 135 countries and territories across every continent.  With businesses, governments and communities working together, this single act is uniting people across the world by provoking discussion and a commitment to long-term actions that will benefit the planet.  Let us include the City of Madison in that effort in 2012.

While it is understandable that the City will not be able to turn off streetlights on State Street on a Saturday evening, most of the outside lighting at Monona Terrace, the first LEED EB silver-certified  Convention Center in the country, will again be off for the hour.  I urge other residents to take the challenge as well.  As you do, please consider the extra effort we can all make to curb carbon pollution and lower our dependence on fossil fuels.

 

 

 

Thanks for Speaking Up!

 

There have been some troubling reports of abuse in Madison in the last couple of months. They have led to a number of questions regarding what could and should we have done differently.

If there is any positive outcome to these tragedies, it is that neighbors are reaching out to each other and perhaps working harder to be good neighbors. It is my belief that this is one of the most important things we can do as citizens and human beings; look out for each other. If you think there is something suspicious going on nearby, report it. If you do not think you are getting a response, report it again.

I want to share with you an incident in which someone, in fact a City employee, did stand up and speak out when she saw a wrong. She is a Madison Metro bus driver, and last November, she stepped out of her comfort zone and reported child abuse.

The incident happened as the bus passed a mother and her 3-year-old child on a North Pinckney Street sidewalk. The driver, who contacted police, reported that the woman reached into a stroller and struck the young child multiple times while yelling at her to shut up and go to sleep.

The woman was tentatively charged with physical abuse of a child.

I am pleased to say that the driver’s efforts have not gone unnoticed. She is being publically recognized this spring by the South Central Branch of the Wisconsin Chapter of the National Association of Social Workers. Members of the local chapter are honoring the driver for taking responsibility and taking the time to go out of her way to report the abuse rather than look the other way and go about her daily routine.

Of course our bus driver did not know her actions would win her recognition or be reported in the newspaper. She reported the abuse because it was the right thing to do. I know many people have done the same thing without recognition. I applaud anyone who has taken those actions and I applaud our bus driver. It’s people like her who make Madison a wonderful city in which to live.

Enjoy the spring weather!

 

The Importance of Being Prudent

In the 1970s, Madison played a vital role in the creation of Wisconsin’s Tax Increment Financing (TIF) law. Our city applied for a grant from the Department of Development to study the model used in other states and construct a bill to bring the tool to Wisconsin.

 Our original idea was simple: we sought to encourage the redevelopment of blighted urban sites by leveling the playing field between the cost of urban development and greenfield sites.

 TIF is a creative financing tool that allows municipalities to borrow against potential future tax revenue gains in order to make investments and ensure those gains are actually realized. Used properly, it’s a critical economic development tool. Too often, however, TIF is misused, creating economic problems in both the community that abuses TIF and those that compete with the abusive TIFers.

 Warrens, Wisconsin, with a population of 360, took on more than $18 million of debt assisting the Three Bears water park-hotel-condo development. That’s $50,000 for every person in Warrens. When the hotel and water park closed and property values plummeted, Warrens found itself unable to retire its debt without a change in the TIF law.  Repeatedly, communities fail to use TIF prudently and then run to the legislature to ask for special treatment.

The legislature should encourage, not discourage, prudent municipal TIF policy. Forcing municipalities to take a cautious approach ensures that taxpayers won’t have to bail out troubled Tax Increment Districts. In Madison, we conservatively estimate the increased tax base we expect a project to generate. We discount future revenues at a rate much steeper than our cost of borrowing, and we typically provide only a portion of the increased tax base that a project generates.

When communities fail to employ good practices like these, two things happen. First, they risk overextending themselves and requiring a bailout either from their own taxpayers or from the state. Second, and perhaps more perniciously, they create bad incentives. When a municipality competes with an overly aggressive player, the prudent municipality is pressured to go farther in providing TIF than they find justifiable. This arms race mentality serves neither municipality.

Bidding up the price of landing a company or a development transfers public resources to private interests with no commensurate increase in the public good. Worse, it encourages other companies to seek ever greater incentives, regardless of whether they actually need them. After all, it’s not one-time funding, but the quality of life, skilled workforce, great schools, and urban vitality that makes companies successful and prosperous in the long run. Madison is blessed with these enduring factors. And when we compete to offer better schools, a cleaner environment, vibrant neighborhoods, well-trained workers, and low crime, and a great quality of life, everybody wins.

Madison's Pitch for the WIAA Basketball Tournaments

There have been multiple news stories regarding the wooing of the WIAA Tournaments and frankly I have seen a lot of misinformation.  I thought I would share some information.  Let's call it Myth vs. Reality.

MYTH                                                                 

#1. The tournaments can't be held in the Kohl Center.

REALITY

 The University has resolved this issue. The Kohl Center will not be a Big Ten  Hockey Tournament location. UW Athletic Department officials lead the charge to make sure that happened. In the event of other scheduling conflicts with UW, on-campus and area venues have been secured

 MYTH

#2. Madison hotels require a two night minimum.

REALITY 

 Madison hotels are abundant and affordable.  The vast majority of hotels have not, and do not require a minimum stay. There are 25 hotels that are participating in a Fan Package that begins in 2012, offering great rates and no minimum stays. The Greater Madison Convention and Visitors Bureau has offered to assist in developing fan hotel packages in the past and is delighted that WIAA agreed to pursue that option. 

 MYTH

#3 Parking costs in Madison are high. 

REALITY                        

 Event parking rates at City of Madison and UW-Madison campus parking ramps will be in effect.  Parking in city ramps near the Kohl Center will be only $4. The University is guaranteeing their rates until 2020.  There will be free shuttles from other locations to help offset parking costs

MYTH 

#4 Moving the event will revitalize the games.                

REALITY

That was a lesson learned from moving Badger State Summer Games to a new location in an effort to revitalize attendance.  The result was the demise of the events, as well as the organization that managed them. Madison has a proven fan base that looks forward to, and annually attends the WIAA Basketball tournaments

 MYTH

#5 Madison doesn’t care about the WIAA                 

REALITY

 Financial assistance and support from the University, City of Madison, Dane County, Greater Madison Convention & Visitors Bureau as well as the hotel and restaurant community are included in current proposal.  There has been an incredible collaborative effort to put together the proposal.  Madison has a long history, and continues to host many other WIAA state tournaments throughout the year.  We welcome our high school athletes and their families and fans from around the state year-round.

Regardless of the decision by the WIAA, I am proud to have been involved in developing Madison's proposal to keep the tournaments here. It has been a great effort and I thank the GMCVB for its leadership.

 

More Discussion on TIF

The issue of TIF or Tax Incremental Financing is a complicated one, but it's important and it's a vital tool that municipalities utilize for development in a particular area, or TIF District.

TIF is a financing tool where the distribution of taxes from property in a defined geographic area is frozen for a period of 27 years.  While the value of property in that area increases, the amount of money distributed to the city, county and school district remains the same.  Any increased property taxes are then used to fund capitol improvements and assist developers. 

 At Tuesday’s meeting of the Madison Common Council I spoke about the challenges facing our City’s economic development.  Among the factors I listed was the use of TIF by other communities.  I expressed concern that other municipalities are looking beyond the traditional factors in an effort to lure a specific business.  On Wednesday morning, I discovered that Assembly Bill 536 which would allow the City of Middleton to extend its TIF district another 10 years was introduced.  This is precisely the problem to which I was referring.

Changing the rules of TIF financing to allow a company to move from one community to another provides no net benefit.  The property tax base in one community is decreased by an amount that it is increased in another.  The jobs that are being “created” in one community are not new jobs.  They are simply being moved to a new community.  This is a zero-sum game, and the state should not change the rules to facilitate it.

Supporters point out that these types of changes have been done before.  Whether this has been done before is irrelevant.  Changing the playing field where the law must be uniform statewide is neither healthy for the economy, nor fair to the communities involved.  Instead of passing piecemeal legislation to help the one community at the expense of another, the Legislature should conduct a comprehensive examination of the TIF law.

 

 

WIAA Tournament in Madison in Jeopardy?

I read with interest Tom Oates' recent column in the Wisconsin State Journal, Alvarez shoots an air ball with lame offer to WIAA.  

The future of Madison hosting the WIAA High School boys and girls state tournaments is in jeopardy. The formation of the Big Ten Conference in men's hockey resulted in possible hockey tournaments at the Kohl Center which would directly conflict with the high school tournaments.  These are events that bring thousands of families from throughout the state to Madison in March at a time when hotels and restaurants welcome them with open arms.

This issue is frustrating on a number of levels and as Mayor I am concerned.

 My staff and I have been involved in this issue for weeks, reaching out and meeting with University officials, city business leaders and Madison civic organizations that are deeply concerned.

 The city of Madison and the University of Wisconsin are in a continuing partnership. UW Athletic Director  Barry Alvarez needs to balance the University's interests and its need to generate revenue with the Wisconsin Idea - reaching to the boundaries of the state.

The UW serves the entire state of Wisconsin and these high school basketball players work for years to be able to earn the chance to play at the Kohl Center.  State high school basketball tournaments were meant to be played on the hardwood floor of the major state university basketball team.

It is noteworthy to point out as well, that the Kohl Center will only be needed for hockey if the Badgers do well enough to host the tournament.  If not, as Oates points out, the Kohl Center will sit empty for two weeks.

This is an instance where the City and the University partnership to serve the state must take precedence.

The issue is generating more interest and a number of suggestions for compromise.  Andy Baggot's column in the Wisconsin State Journal proposed one solution, Shifting Big Ten hockey to neutral site would eliminate WIAA conflict.  He proposes the Big Ten hockey games be played at  the Xcel Energy Center in St. Paul, Minnesota and suggests it's a change that would address a lot of concerns, including a big one in our backyard.  Another option is to hold the hockey tournament, when necessary, at the first great home of the Wisconsin Badger hockey team, the Memorial Coliseum at the Alliant Energy Center.

I encourage the Athletic Department to consider Baggot's suggestion and others.  Join in the community dialogue so we can work together on this issue.

 

Shop Local

A well known on-line store is apparently asking customers going into brick and mortar stores to use the company's smart phone price-check app to receive a discount on a product that could have been purchased in the local store.  It's a great reminder that although we all want to save money when we can during the holidays and beyond, we need to support our local businesses.

There are a number of promotions in Madison to do just that and I encourage you to participate.  Remember this past summer when so many people worked together to shop and eat at establishments on Willy Street to support business during the construction?  We can, and should do it again and expand our efforts to other neighborhoods as well.

Consider the stores on State Street, Willy Street, Monroe, Atwood and others.  They are destinations for thousands all year round.  You can find unique items and get to know the shop owner and employees who may very well be your neighbors.  Those neighborhoods and store fronts have been redeveloped at great expense and are a source of pride for Madison.  We need those stores, boutiques and restaurants to provide the unique character and charm of which we are proud.

Part of the distinctive character of State Street and others is a result of the restrictions on the size of the businesses.  The stores are more narrow and chain stores generally don't consider them, as they are too small. It's a character of the street that I support and appreciate.  It is part of what makes Madison special. If we don't support those stores though, now and year around, they won't be here to appreciate. 

Join me in taking some time away from the computer and heading out to businesses that are uniquely Madison.  You won't be disappointed!

 

 

White House Highlights Barbara A. Bitters and Angela Byars-Winston as “Champions of Change” for Girls and Women in STEM

I want to add my congratulations to Barbara A. Bitters and Angela Byars-Winston for their recognition as 'Champions of Change"  These outstanding women will also be featured in the White House website at http://whitehouse.gov/champions.

WASHINGTON, DC – On Friday, December 9^th, twelve local leaders in the effort to recruit and retain girls and women in science, technology, engineering, and math (STEM) fields will be honored at the White House as Champions of Change. These men and women, who include teachers, industry leaders, students, and non-profit leaders, have each taken great strides to reduce the barriers that drive many girls and women to turn away from high-paying, highly rewarding careers as the Nation’s top innovators.  

 “These ‘Champions of Change’ are community heroes, helping to build the ranks of women in the Nation’s STEM workforce and ensuring that America’s science and engineering enterprise is fueled by the diverse talents of all of its citizens,” said Dr. John Holdren, Assistant to the President for Science and Technology and Director of the White House Office of Science and Technology Policy. “The bold work of these Champions epitomizes the President’s vision of an ‘all hands on deck’ effort by government, academia, non-profits, and industry to maintain America’s leadership in STEM fields for decades to come.”

 The Champions of Change program was created as a part of President Obama’s Winning the Future initiative. Each week, a different issue is highlighted and groups of Champions, ranging from educators to entrepreneurs to community activists, are recognized for the work they are doing to better their communities.

 To watch this event live, visit www.whitehouse.gov/live at 3:30 pm ET December 9th.

 Barbara A. Bitters is the Assistant Director for the Career and Technical Education Team at the Wisconsin Department of Public Instruction (www.dpi.wi.gov). Barbara is both the state leader of the Wisconsin Girl's Collaborative Project (www.ngcproject.org) and the co-leader of the Wisconsin STEM Equity Pipeline Project under the auspices of the National Alliance for Partnerships in Equity Education Foundation (NAPE) (www.stemequitypipeline.org).  As the leader for these two projects her focus has been to develop and refine strategies and activities that attract, serve, and support the success of girls/women and other under-represented groups to build STEM skills and to explore STEM Careers. She was the state Sex Equity Coordinator under federal vocational education requirements U.S for over 12 years. In 1980, Barbara, under an intergovernmental exchange program, served in the Department of Education as a Special Advisor on Women’s Issues and Vocational Equity to the Assistant Secretary for Vocational and Adult Education. She was co-director of the National Leadership Development Conference for Vocational Sex Equity Coordinators from 1979-1987.Barbara is a Past Chair of the Association for Gender Equity Leadership in Education (AGELE) (www.agele.org) and is on the Executive Committee of the National Alliance for Partnerships in Equity (NAPE) (www.napequity.org).

 Angela Byars-Winston, Ph.D. is a counseling psychologist and Associate Professor (tenure track) in the University of Wisconsin Department of Medicine, section of General Internal Medicine and the UW Center for Women’s Health Research. Her research examines cultural influences on academic and career development, especially for racial and ethnic minorities and women in the sciences, engineering, and medicine with the aim of broadening their participation in STEM.  Dr. Byars-Winston has translated her research into evidence-based, culturally-relevant interventions to increase the persistence of underrepresented groups in STEM, working with middle school students to early career professionals.  She is currently Principal Investigator for an R01 grant from the National Institutes of Health (NIH) to measure the impact of mentored research experiences on career outcomes for diverse undergraduates in biology and biomedical science and co-Investigator of another NIH grant to promote retention of racial and ethnic minority doctoral students in the biological and behavioral sciences.  In addition, Dr. Byars-Winston is a member of the STEM Equity Pipeline National Advisory Board, the Wisconsin Career Development Association Executive Committee, and the National Career Development Association Diversity Committee.  She is a graduate of San Diego State University (bachelor’s and master’s degrees) and Arizona State University (doctoral degree).