Paul Soglin: Waxing America

Juneteenth

Even though there was some dodging of raindrops, there was a great turnout for the Juneteenth festivities at Olin Turville Park this year!  As many of you know, Juneteenth is a day dedicated to reflection on, and appreciation for, the African American experience.

The celebration, which brought out some R&B, Jazz, Blues, and Gospel music to be enjoyed with barbecue ribs, chicken, brats, and burgers on the grill, did not disappoint!  Families and teens enjoyed a children's area, teen tents and educational opportunities as well as a visit from the Madison Fire Department and the Madison Police Department's mounted patrol, who came out to meet and engage with community members.

Juneteenth continues to be a very important celebration of African American culture and a strong symbol of appreciation and inclusion of all Madisonians, regardless of race or ethnicity.

My thanks to the many volunteers and sponsors who made this event possible!

Juneteenth Day in Madison

I encourage all Madison area residents to join in the upcoming Juneteenth Celebration this weekend.  Although the original Juneteenth was celebrated in Texas 150 years ago, the Madison tradition began here in the early 1990's. Annie Weatherby-Flowers, a dedicated City of Madison employee has been one of the organizers for many years.

The 150th anniversary will be observed on Friday, June 19 with a Prayer Celebration at Fountain of Life Church from 7:00-9:00 p.m. Saturday the 20th will mark a full day of fun and educational events.  There will be a parade that kicks off from the Alliant Energy Center's Willow Island at 11:00 a.m.  The parade will make its way to Olin-Turville Park where a full day of activities is planned.  There will be greetings from elders of the African American community as well as those from our African community.  There will be educational activities for adults and children on Black History as well as sessions on economic development, health and wellness, plenty of music, dance and of course delicious food.

For a full schedule of the day please check the Juneteenth website.  Juneteenth is the one event that is totally dedicated to the African American experience here in Madison and across the nation.  I encourage you to join the celebration.

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.

Madison, Jobs and the Economy: A Mayor Can Make a Difference

When I served as mayor from 1989-97, we began the period with one of the toughest recessions and it was accompanied by record reductions in state shared revenues, reductions unmatched to this day. Yet that entire period Madison's unemployment rate was either the lowest or second lowest in the nation. In a bad month we occasionally slipped to third. Usually it was Madison and Lincoln, Nebraska competing for top honors.

During that same period we stabalized the poverty rate  at 27% which it held for a dozen years.

Early in the campaign Dave Cieslewicz told Isthmus,   

I'm proud of what I've accomplished as mayor and I'm asking Madison voters for another four years because I see the enormous potential for where we can go in the future. Madison has always been a leader in all we do, and the next step is to be a worldwide leader in the new economy.

Then,from Mike Ivey we learn in The Capital Times two weeks ago,  Madison area among weakest in U.S. for job creation over past year:

The Madison MSA, which includes Iowa and Columbia counties, reported no change in the 337,000 number of non-farm jobs over the period. The total also includes government positions.That performance puts Madison 267th worst out of 372 metro areas based on job growth percentage over the past year. Yuma, Ariz. ranked No. 372 with a -3.16 percent decline in the number of jobs.

The report raises again the question of why Madison hasn't done better at creating new jobs despite its natural advantages.

Add to that the incredible increase in the poverty rate from 32% to 51% in less than four years accompanied by our dropping to 14th on the unemployment charts, and you can see why a Madison mother told me last week:

The festivals and the admiration for our city are great. I want just one thing. My son to successfully complete his education and be able to find a job and an affordable home in Madison.

This can be fixed. We did it before by focusing on education and job training,  healthcare, transportation, housing, and quality childcare.

WE CAN DO IT AGAIN.

 

Editor's Note: Campaign contributions can be made out to Soglin for Mayor and mailed to PO Box 1228, Madison WI 53701. Please include contact information and whether we can use your name as a supporter.  Let us know if you can volunteer or sponsor a fundraiser. State law requires you to supply employer information (name and address) if your contribution is over $100 in a calendar year. The campaign website at http://www.soglinformayor.com is able to take online contributions, but please feel free to go old school via the US Postal Service.

 

David Mollenhoff: Why I Have A Soglin Sign In My Front Yard

David Mollenhoff, the preeminent historian of Madison development, owns property on Mansion Hill and has been a vocal critic of the Edgewater process.  Yesterday, he published an opinion piece in The Daily Page that outlined a list of problems with the process and then used the Edgewater as a lens to focus his choice for mayor next week.

The Edgewater demonstrates that Madison is really open for business. Mayor Dave boasts that Madison can be pro-business and progressive at the same time. Now we know how: by lowering our standards and then bragging about the results. Gov. Walker will be thrilled to discover that Madison's leaders are marching in lockstep with his administration's top goal.

So what should one do at the polls on April 5? That Mayor Cieslewicz supports the Edgewater without reservations is a given. Challenger Paul Soglin says he won’t block it because "the project has already received key city approvals."

However, if Cieslewicz is elected, we can expect four more years of neighborhood-dismissing, preservation-destroying, law-scorning, take-no-prisoners, big-project crusades. If Soglin is elected, we can expect thoughtful neighborhood involvement, a priority on historic preservation, respect for ordinances, plans and policies, and time-tested skill in implementing big projects. That's why I have a Soglin sign in my front yard. (emphasis added)

- Barry Orton

Editor's Note: Campaign contributions can be made out to Soglin for Mayor and mailed to PO Box 1228, Madison WI 53701. Please include contact information and whether we can use your name as a supporter.  Let us know if you can volunteer or sponsor a fundraiser. State law requires you to supply employer information (name and address) if your contribution is over $100 in a calendar year. The campaign website at http://www.soglinformayor.com is able to take online contributions, but please feel free to go old school via the US Postal Service.

Rachael To Appear Monday in "The United States of Tara"

Rachael will make a guest appearance as a waitress in "The United States of Tara" starring Toni Collette Monday night at 9:30 PM, central time, on Showtime. Doug Moe writes in today's Wisconsin State Journal

Soglin Hits Her Stride in LA

The bug bit her early, in any case. In 1996, the State Journal reported on Soglin “stealing the end-of-the-year talent show at Randall Elementary School” with a rendition of “Diamonds Are a Girl’s Best Friend.”

Soon she was acting, too — embracing it all from the start. “I loved everything about it,” she said. “The singing, the dancing, the costumes.”

Nancy Thurow at CTM helped her with technique, and in February 2001, Soglin was cast as one of two leads in CTM’s production of “The Good Times Are Killing Me,” Lynda Barry’s intense tale of race relations in the 1960s. The reviews were ecstatic. “That was a really big show for me,” Soglin said.

Not every child who gets the opportunity to perform in school plays and community theater will go on to a professional career. but as West High teacher Rebecca Jallings said when she wrote Rachael's college recommendations, school drama programs provide every child with an appreciation of the arts. They may not always become professionals, but they will purchase tickets and support the arts.

The arts, all of them, help us mature and appreciate ourselves and our community. We learn to express ourselves and we find the arts stimulating, exciting, and awakening.

Governor Walker, tear down that wall and let our children reach their dreams.

Some Of The Things I Did As Mayor and Other Stuff

One of my daughters said, "You did all these things; even I do not know all that you have done." So I put together a list and one the campaign staffers wrote this up. If you can think of things to add, please comment. 

• It was Senator Gaylord Nelson who asked Paul Soglin to speak alongside him at the first Earth Day rally in Madison April 22, 1970.
• Introduced and signed Wisconsin’s first law ensuring that sexual orientation and sexual preference were protected classes under the equal opportunity ordinance (1976).
• Paul led the successful fight to stop the nuclear power plant at Lake Koshkonong, using the resources of city government.
• He led the fight to stop the application of herbicides to Madison lakes including 2-4 D and aquathol.
• Led the fight to establish Madison’s bus system that established national ridership records.
• Acquired land for many of Madison’s parks.
• Developed Madison's bicycle path system with the first major route - the loop around Lake Monona. "It cost $50,000, has no moving parts and brings joy to thousands of people every week."
• Created a modern diverse integrated city workforce; set the standard for the private sector.
• Pushed for comparable pay for comparable work for women at a time conservative male union leaders said "No."
• Led the city of Madison remediation to clean up old landfills and town dumps by excavating, sealing them and putting in natural gas extraction systems.
• Initiated and launched the city’s comprehensive recycling program taking glass, metals, and plastics as well as paper, building materials and hazardous substances out of the landfills. It set records in the 1990’s for household participation which is sustained today.
• Built the pedestrian-transit State Street Mall from Lake Street to the Capitol and the full pedestrian mall by the Memorial Library.
• Built the Capitol Concourse, home to the Farmers’ Market and the Art Fair on the Square and fewer automobiles.
• Built the Monona Terrace Visitor and Convention Center.
• Acquired the land and buildings, let the bids  for the Madison Civic Center, which is now the Overture Center for the Arts.
• Created the city’s Community Services program which now funds over $4 million annually to groups ranging from the Rape Crisis Center to Porchlight.
• Raised participation of women on city committees to over 48% and minorities to over 12% when previously they only had token representation.
• Recruited the first women for the Madison Fire Department; responsible for the hiring of the first woman fire chief.
• When he last left office, the city of Madison had six women department heads including the Fire Chief, City Attorney, and Human Resources Director.
• Developed and built Olbrich Botanical Gardens Conservatory, later expanded to become the Bolz Conservatory.
• Sponsored legislation and supported the devlopement of the Nine Springs E-Way.
• Hired the first affirmative action officer and began the contract compliance program which required city contractors to file good faith plans to hire women and minorities.
• Built thousands of units of affordable housing for seniors and working families.
• Active in the Civil Rights movement.
• Launched the South Madison Community Health Center (Harambee) which provides health care service to tens of thousands of people annually. This Park Street facility is recognized as contributing to the lowering of black infant mortality – Madison and Dane County had the lowest rate in the nation.
• Created the Neighborhood Resource Teams (NRTs) of police officers and nurses, firefighters and social workers, housing and employment specialists, which led to reducing neighborhood violence and increased economically sustainable households.
• Built the nation’s first housing designed for individuals with physical disabilities.
• Established Madison’s purchasing program to encourage the use of women and minority owned businesses for city purchases.
• During his tenure, Madison’s unemployment was often the lowest in the U.S.; often 1/3rd the national average. Now we are lower than the national average, but nowhere near the lowest.
• Adopted land use policies focusing on density, and created office and manufacturing space for tens of thousand of workers including the UW Research Park and the southeast side business park.
• Actively opposed the war in Vietnam beginning in 1963.

 

No General Strike in Wisconsin

The chanting of 'general strike' filled the Capitol last night and evoked romantic notions of the Paris Commune, Egypt or nineteenth century United States.

That is not what Wisconsin needs. We need to expand the arena of conflict with Governor Walker and his Senate Republicans. We need to send a more subtle, contained message to his key supporters, the ones that are concerned about Wisconsin and their own businesses. 

Selective informational picketing of a few Wisconsin companies that do business with the working people of our great state is what is required. It is a simple message, an eloquent message:

"You elected Scott Walker, you put him in office, you are responsible for the union busting. It is incumbent upon you to tell Walker to cease this destructive behavior and not to continue in your name."

They can claim that their support of Walker was on other issues. That is not important. They must take responsibly for the great power Walker has and they must firmly and publicly tell him:

"Not now, not ever. We support collective bargaining; we support hard working public employees. Do not destroy the high quality schools. public services, and local governments in our state."

Soglin Speaks To Madison Labor Rally at the Capitol

Paul's theme yesterday: "We are held together by two shared values: fairness and trust."

"We will win."

 

 Editor's Note: Campaign contributions can be made out to Soglin for Mayor and mailed to PO Box 1228, Madison WI 53701. Please include contact information and whether we can use your name as a supporter.  Let us know if you can volunteer or sponsor a fundraiser. State law requires you to supply employer information (name and address) if your contribution is over $100 in a calendar year. The campaign website at http://www.soglinformayor.com is able to take online contributions, but please feel free to go old school via the US Postal Service.

 

 

Walker Somehow Manages To Unite Law Enforcement And Protesters At Wisconsin Capitol

Tonight Bill Lueders in the DailyPage put his finger on the really remarkable thing about the occupation of Wisconsin's Capitol. Never mind the 100,000+ today in the snow and cold. Never mind the incredible solidarity that has developed over the last couple of weeks between public and private sector unions. Or the sense of small-town living that has developed with the sleepovers in the Capitol building, albeit in smaller and smaller areas, as the Capitol Police and their thousands of uniformed law enforcement reinforcements on temporary assignment closed off larger and larger wings of the building. Or the abundant, high-end and free pizza.

It's the friendly relationship that those uniformed (mostly) union members of law enforcement have developed with the protesters. Both sides are more than polite to one another; they are downright Midwestern friendly.  I've never seen anything like it anywhere. Eye contact, smiles, thank-you's and offers of pizza or a bagel. I thought for years that the Madison Police were the best at keeping events cool, but this reaches new levels. Over 100,000 people in and around the building today; no arrests (again).

(Last night was the law enforcement unions' sleepover - I saw a Madison cop walking from the City-County Building to the Capitol at about 8:30, carrying a police solidarity sign and a pillow.)

Lueders:

All this week I've been talking to the law enforcement officers converged in and around the Capitol. ...Today I spoke at some length with a state conservation warden, one of the quasi-law enforcement employees who will not be spared the loss of collective bargaining under Walker's divisive plan.

He praised the protesters for how kind and well-behaved they've been, as have the officers I've spoken to over the last week and a half. Something remarkable has happened here: The protesters and the law enforcement officers who have been sent here from every corner of the state have come to like each other, to see each other as being on the same side. (emphasis added)

I think that means -- I hope that means -- that the building will be sealed off peacefully tonight and will vacate peacefully tomorrow. And then Monday morning, when the building is clean, everybody can come back.

Let's all hope Lueders is right about a peaceful exit of all protesters tomorrow. If Walker has indeed somehow managed to unite protester and cop, perhaps only a handful will force the issue and have to be carried out.  That might allow the building, its many legislative staffers, and the uniformed law enforcement folks from Sheboygan to Platteville to take a needed short break.

This no-arrest streak is a badge of honor for both sides.

If that isn't enough, bonding by sharing bagels and pizza in adjacent sleeping bags may have helped.

 

- Barry Orton