Showing posts with label Arizona. Show all posts
Showing posts with label Arizona. Show all posts

Wednesday, August 26, 2009

Joel Garreau on the future of cities

Today I attended a lecture at ASU by Washington Post writer Joel Garreau, author of Edge Cities and Radical Evolution, about the future of cities. What follows is a rough sketch of his talk based on my notes.

He began by saying that he's interested in culture and values, and isn't a "gear-head" about the emerging technologies that he's written about ("GRIN" technologies--genetics, robotics, information systems, and nanotechnology).

He currently studies cities--how they are shaped by technology, and how cities shape us.

He started with a slide of an old Spanish map of the New World, which was mostly accurate, except for an oversized Florida and drawing California as an island. Why was California shown as an island? Because explorers in the Seattle area saw a body of water that went very far to the south, and explorers in the Baja California area saw a body of water that went very far to the north, and they just connected the dots. That error took 100 years to correct. Spanish explorers would land in Monterey Bay and carry boats inland, expecting to hit water, and they always commented that the Indians in the area seemed to be friendly. Garreau suggested that they were actually laughing at them for pointlessly carrying boats inland. When the explorers would fail to hit another body of water, they would report back that the map was wrong, only to be told that they must not have been where they thought they were. It finally took a decree from the King of Spain to change the map.

His next slide was of the Los Angeles area, pointing out what he called "edge cities," which he called "the biggest change in 150 years of how we build cities." "Edge cities" are major and new urban centers around old big cities. They have a large amount of office and retail space, lots of jobs, and didn't exist 30-40 years ago. They are popping up everywhere there is major growth. The area around John Wayne Airport in Orange County, California, is an edge city--it has 5 million square feet of office space (more than Memphis), 600,000 square feet of retail space. It's not a suburb, or sub-anything. It's not a bedroom community. It has the features of office parks and all traditional city functions. The edge cities in New Jersey in the greater New York area have more jobs than Manhattan.

Phoenix was one of the earliest places to recognize that it was going to have more than one city center--we have major centers downtown, uptown/Central Avenure, Camelback/Biltmore, South Mountain, and Tempe (among others), and these were recognized as centers that would exist by city planners a couple of decades ago.

Paris has La Defense as an edge city, as well as Marne-la-Vallee, where EuroDisney is. When superior locations for growth are first found, the rich people move in first, and tend to go uphill, upwind, and upriver, byt Marne-la-Vallee was a poor area that was planned to be an edge city by selecting it as the location for EuroDisney, and it succeeded.

Boston edge cities include the Burlington Mall area, MIT area, downtown, Quincy/Braintree, and Framingham area.

One major factor that has changed cities are the available modes of transportation. Chicago was formed as a rail town, based around inter- and intra-urban rail. Detroit was formed as an automobile town.

The last industrial age downtown built in North America was Calgary, Alberta, Canada in 1914. In 1915, the one millionth Model T Ford came off the assembly line, and ended the old downtowns. The old industrial downtowns were from the 1840s to 1914, and existed because of the necessity of collecting raw materials in one place and having thousands of people there to work on those materials.

Prior to those downtowns, cities were places like Jefferson's Charlottesville, Washington's Alexandria, and Lincoln's Philadelphia. Most people earned a living from the land, and lived outside of cities.

The automobile suddenly made places outside the old industrial cities far more valuable, like Long Island.

Until 1955, the southwestern-most Major League Baseball team was in St. Louis, because movement by train placed constraints on scheduling. The Cardinals were thus the team rooted for by everyone further south and west. Once airplanes came into the picture, baseball could spread, and other cities could become major cities--Los Angeles, Dallas, Phoenix, Seattle, Houston.

Garreau asked, if Chicago were leveled, what would you rebuild first--O'Hare, or downtown. O'Hare is more critical today.

But the changes caused by automobiles and airplanes is nothing compared to the networked computer, which is making changes more significant and more rapidly than the automobile.

He showed a photograph of a Kresge's in the Capitol Hill area of D.C., explaining that it was a discount 5 & dime store, the K in K-Mart. He said Kresge's is dead, and K-Mart is dying, but do you think the building is still there, and if so, what is it? The first guess--Starbuck's--was almost correct. It is a coffee shop. He argued that Kresge's and K-Mart has been killed by Wal-Mart, which is really an IT company that happens to sell sneakers. He claimed that when you buy a pair of sneakers at Wal-Mart, a process kicks off at check out that starts to make a replacement pair in Malaysia within 24 hours.

So why are coffee shops popular, and why do people pay $4 for coffee? Is it the free wireless? He argued that it is a social thing, only marginally about the coffee and the wifi. The main factor around the physical environment is that the rare stuff we can't digitize, like face-to-face contact, has much higher relative value than it did before.

Bill Mitchell of the MIT Media Lab, and former head of the architecture department, has catalogued 87 forms of real estate in cities, all being transformed by information technology. One form is super markets. Garreau asked, if you could get hamburger and toilet paper delivered to your home for free, why would you get in your car to go get groceries? To buy produce or meat, was the answer suggested by the audience. He then showed a photo of a Freshfields, a modern farmer's market, and showed a photo of booths with tables inside it--it's also a place to sit and socialize.

Another type of building is a prison. He suggested that we don't need as many prisons if we use GPS anklets or bracelets for nonviolent offenses.

He then argued that Moore's Law will continue to hold for the forseeable future, and we've already seen 32 doublings in processors since 1959. The only thing comparable is railroad capacity doubling, which saw 14.5 doublings before leveling out due to requirements of coal, steel, and land, and being superseded by the automobile. The IT limits are the laws of physics, the marketplace, human ingenuity, and our culture and values, and he argued that only our culture and values set real limits for the forseeable future. (In a class yesterday, one of my professors said that a physics professor speaking at ASU last year said that we've reached the physical limits for silicon chips, and won't see any more doublings, but a subsequent new development has already refuted him with a four-times improvement due to nanotechnology--presumably this.)

Sequencing the human genome was thought nuts, impossible, and/or would cost a fortune, but was done in 2000 at a fraction of the expected cost, far sooner than anyone expected, thanks to Moore's Law.

Garreau suggested that ten years from now, anything you can put in a lab for $1 million will be something you can put in your home for $1,000; anything you can get now for $1,000 will be "pocket lint." He used USB memory fobs as an example of today's "pocket lint."

He showed a photo of students at CMU in a computer lab, and asked, "Is there a future for physical university campuses?" He gave a yes, on the grounds that this is where you "meet your first spouse and friends for a lifetime"--the social aspects. Distance learning has been around for a very long time (Benjamin Franklin did learning-by-mail), but it's always a second choice.

Shopping malls, he said, are turning into entertainment spaces. He cited his friend Jaron Lanier (a virtual reality pioneer), who suggests that the first thing to disappear will be escalators, replaced by rides--so when you go up by ferris wheel and come down by water slide, think of Lanier. He observed that if you go to a mall at 10 a.m., you'll see the senior mall walkers, and if you go in the afternoon, you'll see "drug dealing rugrats." (He didn't note, but I thought of how Arizona Mills Mall in Tempe has turned one space into an indoor miniature golf course.)

Office space--is there any future to it? Again, he argued for the social aspect, and maintained that the accidental casual face-to-face contact is impossible to digitize, yet he finds the random conversation at the printer jam (the modern equivalent of the water cooler) to be his most productive time of day. To this, Prof. Brad Allenby objected that there is casual contact in World of Warcraft and Second Life, and we shouldn't assume that such things can't be digitizable.

Another audience member suggested that because human beings need touch, we need real physical contact. (But that assumes the impossibility of tactile telepresence.) Yet another pointed out that movie theater attendance is up, even though you can watch online or at home cheaper.

Garreau said, supposed you decide face-to-face matters, but only need it two days a week--how would that affect where you live? If you only needed it 3 days a month, then where might you live?

He said some cities will live, if they are good for face-to-face contact. Others will die, if they aren't. We're headed to a profound shift of what is urban/urbane, and cities like Santa Fe are the future. It has 63,000 people, opera, restaurants, second-hand boot stores.

The top fastest-growing metro areas are smaller cities that are like villages with face-to-face spaces and are somewhat dispersed. The top ones are Wenatchee, WA, Provo-Orem, UT, Grand Junction, CO, Gulfport-Biloxi, MS, and Myrtle Beach, SC. The top states for real estate price appreciation are Utah, Idaho, Montana, and Wyoming. Other example cities in this model include the Adams-Morgan area of D.C., Tempe, AZ, and Marrakesh.

He then briefly turned to other technologies. He said that Craig Venter says that by the end of this year he will have an organism that "eats CO2 and poops gasoline." (And his company has just received $600 million in funding from ExxonMobil.) Nanotech may build membranes that purify water. These things will impact where cities become feasible. "Is Darfur the next garden spot?"

He then referred to a book by Leo Marx of MIT, titled The Machine in the Garden. He argued that in the industrial age, we suffered a split--we had to come into the cities and leave nature behind. Now we're trying to put what we like about cities into a garden.

In the final Q&A, he said he has a hidden assumption that we will continue moving forward and not go back to pre-industrial society; he said "no petroleum engineers think we're running out of oil, only cheap oil."

He said that we're seeing a new explosion of religious fervor, and included environmentalism in that, saying that it has its own saints and heretics. He thinks human beings are "hardwired to have faith--even Russia made Marxism into faith," but said that he's "a hardcore rationalist" even though "rationalism doesn't seem to be emotionally satisfying." He said, following Popper, that "science can't tell you what is true, only what is false, but it can changes minds without killing people." (I disagree with his statement that science can't tell you what is true--theories that keep passing tests do at least approximate truth.)

An audience member commented that virtual environments can convey mental and physical aspects, but not emotional and spiritual. Garreau agreed, but I think both (and a few other questioners) were making an unwarranted assumption that virtual environments will not be able to reach a point of being indistinguishable (or very nearly so) from real environments, and thus allowing effective conveyance of body language, subtle gestures, and so forth, perfectly adequate for transmitting emotional information. (As for spiritual properties, I think they're in need of demonstration before we worry about them--and given claims that have been made about them, it's surprising that the questioner thought physical proximity was a limitation.) In a conversation with Prof. Allenby afterward, he also pointed out that we may be better able to make judgments of trust in a virtual environment because we are more alert to the possibility of a partial presentation of a personality and to intentional distortions. There are also some types of cues that are more accurately picked up audibly, while visual information can overwhelm those cues.

Prof. Allenby also noted that major technological changes may turn what we now think of as fundamental truths into contingencies, and that may include some aspects of what we call human nature.

Garreau ended by observing that past predictions of what the future will be like have usually been wrong, becasue things are more complex and more expensive then we think--and then we get blindsided by innovations like the iPhone.

Sunday, August 23, 2009

Bob Larson is still around and performing exorcisms

Pierre Stromberg has an entertaining tale of his visit to a performance by former radio broadcaster, self-proclaimed cult expert, and exorcist Bob Larson at his new Paranormal Amerika blog. Larson suffered a significant blow to his career as a result of criticisms from his fellow Coloradoan Ken Smith's "Bob Larson Fan Club." Further damage came from exposure at the hands of Cornerstone magazine, which published carefully investigated exposures of deception, misuse of funds, fabricated biographical events, and so forth. Others exposed by Cornerstone included alleged former Satanist turned Christian comedian Mike Warnke and claimed Satanic ritual abuse victim "Lauren Stratford," author of Satan's Underground.

Larson is, unfortunately, now based here in the Phoenix area, with his "Spiritual Freedom Church of Phoenix" at 9096 E. Bahia Drive in Scottsdale, though for some reason it has a mailing address of a post office box in Denver.

Monday, August 17, 2009

Back to school

This blog is entering its fifth year today, and the content will be shifting a bit now that I am returning to school. Today was my first day of new graduate student orientation before classes begin next week; I'm a Ph.D. student in Arizona State University's Human and Social Dimensions of Science and Technology program, which is beginning its second year. This is an interdisciplinary program within the Graduate College and allied with the School of Life Sciences, so today's orientation was with new graduate students from other programs in SoLS. SoLS has 250 graduate students in 11 programs, of which 49 are entering this semester. (I chatted a bit with a couple of new graduate students in neuroscience.)

There seems to be a wealth of supporting organizations and structures to SoLS programs to assist in getting funding, doing research, participating in education and public outreach, and dealing with administrivia. I'll be delving into as much of it as I can, and periodically reporting on items of particular interest here.

From today's orientation, a few items that are part of SoLS education and public outreach are worthy of note. ASU has an "Ask-a-Biologist" program online, which you can also follow via Twitter. That program is intended for students in grades K-12, and is projected to hit a million visitors this year. There's also the Science Studio Podcasts for adult education. And the International Institute for Species Exploration website. There's also a program run by SoLS graduate students called Graduate Partners in Science Education, where graduate student volunteers work with underprivileged and at-risk junior high school students on field biology research projects.

My current aim in the HSDST program is to build upon my past graduate experience in philosophy and cognitive science, my career in Internet services and information security, my interest in skeptical inquiry and critical thinking, and my interest in law to explore the concepts of trust and reputation as they pertain to online and digital media. At the moment, I'm signed up for a seminar on "Law, Science, and Technology," a seminar on "Human and Social Dimensions of Climate Change," the HSDST Core Seminar and Colloquium, and a course with one of my favorite undergraduate philosophy professors on Advanced Logic (that's my "just for fun" class).

Tomorrow's a reception for all of the new graduate students at ASU's Tempe campus, and later in the week I have some training on fire and lab safety--and next week, it's back to class.

ApostAZ podcast #17

ApostAZ podcast number 17 is out:
Episode 017 Atheism and Voluntarily Free Thought in Phoenix! Go to meetup.com/phoenix-atheists for group events! Special Guest Representatives of AZ Coalition of Reason Matt Schoenley, Jim Lippard, and Apostaz hosts Shannon and Brad. AZCoR, Who What what not Why and why not? Tam 7 and Skepticamp. http://arizonacor.org http://discord.org http://meetup.com/phoenix-atheists Intro- Greydon Square 'Cubed' from the Compton Effect. Outro- Vocab Malone 'Track 12'.
This was my first time sitting in on the whole recording, rather than just contributing a short skepticism segment. While this was mainly about the Arizona Coalition of Reason, I did talk a little bit about TAM7 and SkeptiCamp Phoenix.

Wednesday, August 12, 2009

The Arizona Skeptic online: vol. 7, 1994

Concluding the postings of The Arizona Skeptic; you can find volume 1 (1987-1988) here, volume 2 (1988-1989) here, volume 3 (1989-1990) is here, volume 4 (1990-1991) is here, and volume 5 (1991-1992) is here, and volume 6 (1992-1993) here. Volume 7 was edited by Mike Stackpole.

An index to all issues by title, author, and subject may be found here.

The Arizona Skeptic, vol. 7, no. 1, Summer 1994:
  • "Oh No--Spooks in a Skeptic's Home" by Hans Sebald
  • "Skeptics Predictions for 1994"
  • "Meeting Schedule for 1994"
  • "Where Have We Been?"
  • "What Harm Superstition?" by Michael A. Stackpole
  • "Skeptically Entertaining" by Michael A. Stackpole
While that was the last issue of The Arizona Skeptic published, there have been at least two published lists of skeptical predictions by the Phoenix Skeptics, for 1996, 2006, and 2007, and the group continues to meet on a monthly basis--at 12 p.m. (noon) on the first Saturday of each month at Jim's Coney Island Cafe in Tempe, 1750 N. Scottsdale Road, on the southeast corner of Scottsdale Road and McKellips.

There is also now an active Phoenix Skeptics in the Pub meetup group, which meets at 7 p.m. on the first Wednesday of each month at D'Arcy McGee's Pub at the Tempe Marketplace, 2000 E. Rio Salado Parkway.

UPDATE (March 18, 2010): Phoenix Skeptics in the Pub now meets at Four Peaks Brewery--see the meetup group link.

UPDATE (September 17, 2014): The Phoenix Area Skeptics Society has been active since 2012.

The Arizona Skeptic online: vol. 6, 1992-1993

Continuing the postings of The Arizona Skeptic; you can find volume 1 (1987-1988) here, volume 2 (1988-1989) here, volume 3 (1989-1990) is here, volume 4 (1990-1991) is here, and volume 5 (1991-1992) is here. Volume 6 was edited by Jim Lippard and has been available online since original publication as ASCII text. An index to all issues by title, author, and subject may be found here. The Arizona Skeptic, vol. 6, no. 1, July/August 1992 (text version):
  • "Science and Dianetics" by Jeff Jacobsen
  • "A Healthy Dose of Sarsaparilla" by Jerome L. Cosyn
  • "Book Review: Combatting Cult Mind Control by Steven Hassan" reviewed by Chaz Bufe
  • "Michael Persinger and Tectonic Strain Theory" by Jim Lippard
  • "Rutkowski's Work" and "Other Critical Works" (bibliography of papers critical of TST assembled by Chris Rutkowski)
  • "Book Review: Logic and Contemporary Rhetoric by Howard Kahane" reviewed by Jim Lippard
  • "Book Review: Sai Baba's Miracles by Dale Beyerstein" reviewed by Jim Lippard
  • Media Update
  • Newsletter Production Volunteers Needed
  • Electronic Version of the Newsletter
  • Upcoming Meetings: September speaker Chaz Bufe on Alcoholics Anonymous
  • Articles of Note
The Arizona Skeptic, vol. 6, no. 2, September/October 1992 (text version):
  • "How Much of Your Brain Do You Use?" by Mickey Rowe
  • "Phoenix Skeptics and the Sedona Harmonic Diversion" by Mike Johnson
  • "Jehovah's Witnesses and Earthquake Frequency" by John Rand (pseudonym for Alan Feuerbacher)
  • "The Institute for Creation Research and Earthquake Frequency" by Jim Lippard
  • "QUAKE DAY - Minus 7" by Mike Jittlov
  • "New Skeptical Group/Magazine" (Skeptics Society/Skeptic magazine)
  • Upcoming Meetings: October speaker Peter Lima on the search for the historical Jesus
  • Articles of Note
The Arizona Skeptic, vol. 6, no. 3, November/December 1992 (text version):
  • "Report on the 1992 CSICOP Conference: Part One" by Jim Lippard
  • "A Visit to Dinosaur Valley State Park" by Richard A. Crowe
  • "The End of Crop Circles?" by Chris Rutkowski
  • Next Issue
  • Upcoming Meetings
  • Articles of Note
The Arizona Skeptic, vol. 6, no. 4, January/February 1993 (text version):
  • "Predictions for 1993"
  • "Jeane Dixon Predicts Bush Victory"
  • "Report on the 1992 CSICOP Conference: Part Two" by Jim Lippard
  • "Book Review: Impure Science: Fraud, Compromise and Political Influence in Scientific Research by Robert Bell" reviewed by Jim Lippard
  • "Book Review: Taking Time for Me: How Caregivers Can Effectively Deal with Stress by Katherine L. Karr" reviewed by Michael A. Stackpole
  • Upcoming Meetings
  • Reader Survey
  • Articles of Note
  • Magazine/Journal Subscription Information
The Arizona Skeptic, vol. 6, no. 5, March/April 1993 (text version):
  • "CSICOP Questions Truth of Movie Based on Travis Walton UFO Abduction"
  • "MIS-Fire in the Sky" by Chris Rutkowski
  • "Linda Napolitano UFO Abduction Case Criticized" by Jim Lippard
  • "Book Review: The Retreat to Commitment by William Warren Bartley III" reviewed by David A. Snodgrass
  • "Camille Paglia: Astrologer"
  • Skeptical News
  • Upcoming Meetings
  • Books of Note
  • Articles of Note
Volume 6 concluded my editorship, and volume 7 returned for one more issue edited by Mike Stackpole.

The Arizona Skeptic online: vol. 5, 1991-1992

Continuing the postings of The Arizona Skeptic; you can find volume 1 (1987-1988) here, volume 2 (1988-1989) here, volume 3 (1989-1990) is here, and volume 4 (1990-1991) is here. Volume 5 was edited by Jim Lippard and has been available online since original publication as ASCII text. An index to all issues by title, author, and subject may be found here. The Arizona Skeptic, vol. 5, no. 1, July/August 1991 (text version):
  • "Rosenthal Lecture" by Jim Lippard
  • "Book Review: Philosophical Essays in Pragmatic Naturalism by Paul Kurtz" reviewed by Bill Green
  • "Book Review: Pitfalls in Human Research: Ten Pivotal Points by Theodore X. Barber" reviewed by Jim Lippard
  • "Book Review: They Call It Hypnosis by Robert A. Baker" reviewed by Jim Lippard
  • Editor's Column
  • CORRECTION: To "Dissension in the Ranks of the Institute for Creation Research"
  • Upcoming Meetings
The Arizona Skeptic, vol. 5, no. 2, September/October 1991 (text version):
  • "Dianetics: From Out of the Blue?" by Jeff Jacobsen
  • "Book Review: Bryant's Law and Other Broadsides by John Bryant" reviewed by Jim Lippard
  • "Hypnosis and Free Will" by Jim Lippard
  • Next Issue
  • Upcoming Meetings: October speaker Don Lacheman of Sun Magic, November speaker Louis Rhodes of the Arizona Civil Liberties Union
  • Articles of Note
The Arizona Skeptic, vol. 5, no. 3, November/December 1991 (text version):
  • "Postscript to 'Some Failures of Organized Skepticism'" by Jim Lippard
  • "Book Review: The Satanic Verses by Salman Rushdie" reviewed by Hans Sebald, Ph.D.
  • "Book Review: The Unfathomed Mind by William R. Corliss" reviewed by Jim Lippard
  • "Book Review: Labyrinths of Reason by William Poundstone" reviewed by Mark Adkins
  • Letters (from Mark Adkins, Beth Fischi)
  • "Why Did the Chicken Cross the Road? An Episode of Human Folly" by Mark Adkins
  • Articles of Note
  • "October Meeting: 'Magical Moments'" by Ron Harvey: speaker Don Lacheman
  • Next Issue
  • Upcoming Meetings: December: 1992 predictions, January: Rene Pfalzgraf on neuro-linguistic programming
The Arizona Skeptic, vol. 5, no. 4, January/February 1992 (text version):
  • "Predictions for 1992!" compiled by Mike Stackpole
  • "Comments on Lippard's Review of They Call It Hypnosis" by Robert A. Baker
  • "Book Review: Alcoholics Anonymous: Cult or Cure? by Chaz Bufe" reviewed by Terry Sandbek, Ph.D.
  • Next Issue
  • Upcoming Meetings
The Arizona Skeptic, vol. 5, no. 5, March/April 1992 (text version):
  • "About 'The Vitality of Mythical Numbers' and 'Truth Almost Extinct in Tales of Imperiled Species'" by Jim Lippard
  • "The Vitality of Mythical Numbers" by Max Singer
  • "Truth Almost Extinct in Tales of Imperiled Species" by Julian Simon
  • "Book Review: Space-Time Transients and Unusual Events by Michael A. Persinger and Gyslaine F. Lafrenière" reviewed by Jim Lippard
  • Next Issue
  • Upcoming Meetings
  • Request for Submissions
  • Articles of Note
The Arizona Skeptic, vol. 5, no. 6, May/June 1992 (text version):
  • "An Observation of the Famous Marfa Lights" by James Long
  • "The Marfa Lights" by Hal Finney
  • Letters (from John Bryant)
  • Editorial Note Regarding the "Mars Effect"
  • "Book Review: The Mind Game by Norman Spinrad" reviewed by Jim Lippard
  • Upcoming Meetings
  • Articles of Note
Volume 6 continued for just short of another year under my editorship, with five issues published for 1992-1993.

Monday, August 10, 2009

The Arizona Skeptic online: vol. 4, 1990-1991

Continuing the postings of The Arizona Skeptic; you can find volume 1 (1987-1988) here, volume 2 (1988-1989) here, volume 3 (1989-1990) is here. Volume 4 was edited by Mike Stackpole. An index to all issues by title, author, and subject may be found here. The Arizona Skeptic, vol. 4, no. 1, July 1990:
  • "Self-Deception and the Paranormal" by Michael A. Stackpole
  • "The Curious Case of the Cross of Chaos" by Michael A. Stackpole
  • "Book Review: But Is It Science? edited by Michael Ruse" reviewed by Jim Lippard (duplicate)
  • Editorial Prattle
  • "July Meeting" by Ron Harvey: speaker James McGaha on astronomy
  • "The Return of Scapegoats" by Michael A. Stackpole
The Arizona Skeptic, vol. 4, no. 2, December 1990/January 1991:
  • 1991 Predictions of the Phoenix Skeptics
  • "Note of Importance" by Michael A. Stackpole (re the Plimer/Price controversy)
  • "Ralph Epperson: Clueless Creationist" by Jim Lippard
  • Meeting Announcements: January: G. Harry Stine on the neurophone
  • Editorial Prattle
  • "December Meeting" by Ron Harvey: speaker Jim Speiser on UFOs
That was it for volume 4--publication got back on a regular schedule again with volume 5, when I took over as editor.

Wednesday, August 05, 2009

The Arizona Skeptic online: vol. 3, 1990

Continuing the postings of The Arizona Skeptic; you can find volume 1 (1987-1988) here and volume 2 (1988-1989) here. Volume 3 was edited by Mike Stackpole. An index to all issues by title, author, and subject may be found here. The Arizona Skeptic, vol. 3, no. 1, January 1990: The Arizona Skeptic, vol. 3, no. 2, February/March 1990:
  • "The Secret of the Challenger Secret Mission" by Mike Stackpole
  • Meeting Announcement: Dr. Robert Dietz on "The Sacred and Profane History of the World"
  • "Dissension in the Ranks of the Institute for Creation Research" by Jim Lippard
  • "HGH 3X and The New England Journal of Medicine" by Mark Adkins
  • "Book Review: But Is It Science? edited by Michael Ruse" reviewed by Jim Lippard
  • "What is Occam's Razor" by Michael A. Stackpole
  • Editorial Blathering
  • "Who Are We?" by Michael A. Stackpole
The Arizona Skeptic, vol. 3, no. 3, April 1990:
  • "Ethical Skepticism" by Michael A. Stackpole (a visit to Peter Popoff)
  • Editorial Blathering
  • Meeting Announcement: speaker Michael A. Stackpole on Satanism
And that was it for volume 3--volume 4 picked up in July 1990 for another two issues edited by Mike Stackpole.

The Arizona Skeptic online: vol. 2, 1988-1989

Continuing the postings of The Arizona Skeptic; you can find volume 1 (1987-1988) here.

An index to all issues by title, author, and subject may be found here.

The Arizona Skeptic vol. 2, no. 1, July/August 1988:
  • "Lippard Disgraced!" by Ron Harvey
  • "A Visit to the 'Psychic Showcase'" by Jim Lippard
  • "Color it Absurd" by Ken Morse
  • "Handwriting Analysis" by Jim Lippard
  • "Recognizing Destructive and Manipulative Groups" by Al Seckel
  • Upcoming Meetings
  • "Ghost Busters or Lease Breakers" by Ken Morse
  • "June PS Meeting" by Judy Sawyer: speakers Craig Nichols and Lee Earle of Manifestations
  • "July PS Meeting" by Judy Sawyer: speaker Anita O'Riordan of the Arizona Attorney General's Elderly Abuse Project
  • Correction (of omission to "Psychic Detectives" article in previous issue)
  • Editor's Ramblings
The Arizona Skeptic vol. 2, no. 2, September/October 1988:
  • "Hype-nosis" by Jim Lippard (title typoed in published copy)
  • "Recipe for Successful Local Group" by Kent Harker
  • "Book Review: Nostradamus and His Prophecies by Edgar Leoni" reviewed by Jim Lippard
  • Upcoming Meetings
  • August PS Meeting: speaker Michael Preston on hypnosis
  • "September meeting" by Mike Stackpole: speaker Gary Mechler on astrology
  • "October meeting" by Judy Sawyer: speaker Janet Lee Mitchell on out-of-body experiences
  • Editor's Ramblings
The Arizona Skeptic vol. 2, no. 3, November/December 1988:
  • Predictions for 1989 and Beyond
  • "Psychological Factors Conducive to Paranormal Belief" by Jim Lippard
  • "Book Review: The Art of Deception by Nicholas Capaldi" reviewed by Ted Karren
  • "Book Review: Hypnosis, Imagination, and Human Potentialities by Theodore X. Barber, Nicholas P. Spanos, and John F. Chaves" reviewed by Jim Lippard
  • Upcoming Meetings
  • November PS Meeting: skeptics' predictions
  • "December PS Meeting" by Judy Sawyer: speaker David Alexander on faith healers
  • "TUSKS Lecture" by Ken Morse: speaker Conrad Goeringer on "Bimbos for Satan"
  • Editor's Ramblings
The Arizona Skeptic vol. 2, no. 4, January/February 1989:
  • "Let's Be Serious: Defensive Skepticism" by Mike Stackpole
  • "Behaviorism and Consciousness" by Jim Lippard (on January speaker, Erv Theobold)
  • "In Response" by Erv Theobold, Ph.D.
  • "Book Review: Mindspell by Kay Nolte Smith" reviewed by Judy Sawyer
  • "Book Review: Science and Earth History by A. N. Strahler" reviewed by Roger Mann
  • "Book Review: Eyewitness Testimony by Elizabeth Loftus" reviewed by Jim Lippard
  • "Book Review: ESP and Psychokinesis: A Philosophical Examination by Stephen E. Braude" reviewed by Jim Lippard
  • Upcoming Meetings
  • January PS Meeting
  • Editor's Ramblings
This volume had only four issues, and marks the end of Ron Harvey's editorship. The next volume picks up in January 1990 with Mike Stackpole as editor.

Tuesday, August 04, 2009

The Arizona Skeptic online: vol. 1, 1987-1988

I've begun putting old issues of The Arizona Skeptic online as PDFs, starting with the old Phoenix Skeptics News, edited by Ron Harvey. Volume 2, 1988-1989, is here. An index to all issues by title, author, and subject may be found here. Phoenix Skeptics News vol. 1, no. 1, July/August 1987:
  • Welcome!
  • July Meeting
  • Resource Library
  • "Cold Reading" by Jim Lippard
  • Local Radio Talk Show Features Psychics
  • Modem Users Take Note
  • "Foes Turn Up Heat: Fire walking is not so hot, skeptics of seminars say" by Simon Fisher, Tribune
  • Postscript by Jim Lippard
  • Book Reviews
  • Local Conference on Health Fraud
  • Upcoming Phoenix Skeptics Meetings
Phoenix Skeptics News vol. 1, no. 2, September/October 1987:
  • August Meeting: Hans Sebald on witchcraft
  • September Meeting: Charles Cazeau on prophecies of Nostradamus
  • Surveyor Needed
  • Randi on Faith Healers (interviewed by Jim Lippard and Mike Norton)
  • "Health Fraud isn't 'snake oil' anymore" by Phyllis Gillespie, Arizona Republic
  • "Charlatans can be spotted if you know common clues" (Arizona Republic)
  • "Proper Criticism" by Ray Hyman
  • Upcoming Meetings
Phoenix Skeptics News vol. 1, no. 3, November/December 1987:
  • October Meeting: Halloween party at Hans Sebald's
  • November Meeting: James Randi psychic surgery video, Randy Jones on psychic surgery
  • Papers ignore disclaimer request on astrology columns
  • Flyers needed
  • Psychic fair
  • "Focus on You" by Jim Lippard
  • "Channeling: Believe It or Not" by Hans Sebald, Ph.D.
  • "Book Review: The Faith Healers by James Randi" reviewed by Jim Lippard
  • "On the distinction between nonbelief and disbelief" by Hans Sebald, Ph.D.
  • "Book Review: The Psychology of Transcendence by Andrew Neher" reviewed by Jim Lippard
  • Editor's Ramblings
  • Upcoming Meetings
Phoenix Skeptics News vol. 1, no. 4, January/February 1988:
  • December Meeting: Jim Speiser and Marge Christenson of MUFON
  • January Meeting: Robert Dietz of ASU on creationism
  • Philip Klass Lecture
  • Skeptics Reorganized
  • Skeptics subcommittees formed
  • "Peter Popoff Came to Town" by Jim Lippard
  • "Towards a more effective organization" by Bob Guzley
  • "Update on the Radiocarbon Dating of the Shroud of Turin" by Jim Lippard
  • New Phone Number
  • Editor's Ramblings
  • Upcoming Meetings
Phoenix Skeptics News vol. 1, no. 5, March/April 1988:
  • Important Announcement!
  • February Meeting: Jeff Jacobsen on Scientology
  • Philip Klass Lecture
  • March Meeting: Mike Stackpole on claimed dangers of D&D
  • The Organization Explained!
  • "Frank Baranowski: Promoter of the Paranormal" by Jim Lippard
  • "Book Review: The New Inquisition by Robert Anton Wilson" reviewed by Jim Lippard
  • "Robert Anton Wilson and the H.E.A.D. Revolution" by Zak Woodruff
  • Editor's Ramblings
  • Upcoming Meetings
Phoenix Skeptics News, vol. 1, no. 6, May/June 1988:
  • April Meeting: James Lowell on Mexican cancer clinics
  • May Meeting: Jim Lippard on psychic detectives
  • Press coverage
  • "Turin Shroud Update" by Jim Lippard
  • "Dr. Stranges Lives Up to His Name" by Mike Stackpole
  • "Near-Death Experiences and TV" by Jim Lippard
  • "An Artistic 'Phenom'" by Ted Karren
  • "Psychic Detectives" by Jim Lippard
  • Editor's Ramblings
  • "TUSKS Tips" by Ken Morse
  • Upcoming Meetings
The last issue of this volume was the first one also distributed to the Tucson Skeptical Society (TUSKS), and prompted a change of name to The Arizona Skeptic beginning with volume 2. This was also about the time I moved to Tucson to attend graduate school at the University of Arizona (August 1988).

Monday, August 03, 2009

ArizonaCOR video: A Life, a World, a Future

The Arizona Coalition of Reason's video, "A Life, a World, a Future," has been released on the ArizonaCOR website. This was a project done by and with the participation of members of several of ArizonaCOR's member organizations.

Tuesday, July 21, 2009

Arizona's homeopathic medical board

Dr. Kimball Atwood's presentation at the Science-based Medicine conference included some observations about the overwhelming evidence against homeopathy being a valid or even remotely plausible treatment for anything. During one of the Q&A sessions at that conference, someone made an observation that Arizona is a terrible state for all kinds of quackery, and even has a State Board of Homeopathic Medical Examiners.

The homeopathy board was created in 1982 by a law written and lobbied for by Dr. Harvey Bigelson, a homeopath who was indicted in 1992 by a federal grand jury on 63 counts of Medicare fraud, 44 counts of mail fraud, and eight counts of obstruction of justice. He plea-bargained his way down to three counts and five years of probation, and lost both his medical and homeopathic licenses, making him one of only two homeopaths to lose their licenses by action of the board. He subsequently opened a cancer clinic in Mexico to continue his quackery.

There was an opportunity for Arizona to dispose of its Homeopathy Board in 2006, when the law that created it would have expired under its sunset provisions, but our legislature foolishly renewed it despite overwhelming evidence that it not only gives an unmerited credence to nonsense, but doesn't even do anything to keep criminals from practicing homeopathy. An October 9, 2005 story in the Arizona Republic pointed out several cases of convicted felons from other states permitted to obtain homeopathic licenses and practice in Arizona. It also pointed out that complaints brought against homeopathy board members for malpractice and sexual harassment were simply dismissed:
The homeopathic board has dismissed at least five complaints against its own members over the past five years, including one in which a patient suffered kidney failure after treatment, as well as an alleged incidence of sexual harassment.

The complaint involving kidney failure was lodged against board member Dr. Annemarie Welch in March 2003. The woman who lodged the complaint fell ill after seeking treatment from Welch for an infected blister on her toe. Welch treated the infection with "vitamin C therapy," according to board meeting minutes.

After the woman suffered "acute renal failure," she filed a complaint against Welch with the Arizona Medical Board, which also licenses Welch.

The homeopathic board argued for primary jurisdiction of the Arizona Medical Board complaint against Welch, arguing that she had primarily used homeopathic procedures. Once the homeopathic board had control of the case, it dismissed the complaint.

According to meeting minutes, board members did not believe there was a correlation between the vitamin C therapy and the patient's kidney failure. They also noted that the patient didn't comply with Welch's treatment recommendations. Welch pointed out the Medical Board also found no wrongdoing in its investigation.
That's crazy--the judgment shouldn't have been whether the vitamin C therapy caused the problem, but whether the LACK of a real treatment of the infection caused by the quack treating her with vitamin C caused the kidney failure. The story goes on:
A Phoenix woman lodged a sexual harassment complaint against board member [Dr. Gary] Gordon in May 2001. The woman said he had spontaneously kissed her on the mouth after she stopped to speak with him at his booth at a medical trade show.

The homeopathic board dismissed the woman's complaint because she did not show up to the May 2001 meeting at which her complaint was scheduled to be heard. She apparently had a family emergency and wrote to the board that she could not make it. Board members questioned Gordon about the allegation, which he denied. The woman did show up at the next board meeting and asked to refile her complaint, but board members voted 2-2 against it.
Nice way to uphold ethical standards, there, homeopathy board. And their permissive behavior with regard to conduct appears to extend beyond members of the board to the licensed homeopaths they're supposed to be regulating:
Troubled physicians licensed by the board include Dr. Charles Crosby, who obtained his Arizona homeopathic license in May 2004 despite revealing to the board that he had been ordered to have counseling for a "perceived loss of social inhibition" in his home state of Florida. It later became known that Crosby had been accused of fondling patients and of having a breast fetish. A report on the case in Florida said Crosby had developed "a special technique of manipulating women's breasts to treat pain in other areas of their body."

The suspension of Crosby's license in Florida triggered a inquiry before the Arizona homeopathic board in July. At the meeting, Schwengel, the board president, said he did not find any specific examples that showed Crosby had acted unprofessionally, according to meeting minutes.

Other members expressed concern about Crosby's behavior, but they did not suspend his license, instead giving him until November to undergo an independent mental evaluation to determine if he is competent to practice here.
Board member Gordon defended this action on the grounds that in the U.S. we assume that doctors in trouble who have "paid their debt to society" have been rehabilitated, and that taking away a license is a severe punishment:
"What we look at is, do we want to try and resurrect a troubled physician and keep them under control, or do we want to throw them away and let them dig ditches?" Gordon said. "Once you take a doctor's license away, they don't really have a particular skill that they're qualified to do."
And what are homeopaths qualified to do in Arizona, besides dispense bottles of overpriced water falsely claimed to be medicine? The board's website gives the answer:

The scope of the license includes the practice of acupuncture, chelation, homeopathy, minor surgery, neuromuscular integration, nutrition, orthomolecular therapy and pharmaceutical medicine (see A.R.S. § 32-2901(22)).
The one that jumps out at me the most is "minor surgery." Yikes!

Here's a list of approved continuing education courses for homeopaths in Arizona:

Learn Oxidative Therapy AHIMA/Westbrook 1/22/09 7 hours
Ethics & Boundaries Dr. Jodi Decker Flexible 3 hours
Professional Ethics Dr. Jodi Decker Flexible 4 hours
Lyme-Autism Connection LIA Foundation/CHOICE 6/25/ - 6/28/09 12 hours

The middle two courses on ethics would seem to me, if taught honestly and accurately, to completely undermine the enterprise. Homeopathy is a bogus practice, and I'd think using bogus practices as medical treatment should be near the top of the list of unethical things that health practitioners should avoid. The other two courses sound like the promotion of quackery; oxidative therapy has been a quack treatment for cancer, and the latter is about a link between two conditions, each of which is already surrounded by rampant nonsense, that is being promoted by the "Lyme-Induced Autism Foundation" in advance of supporting research or data. There was some research being done at Columbia University's Lyme and Tick-Borne Diseases Research Center a few years ago by Dr. Brian Fallon about a possible misdiagnosis of some cases of Lyme disease as autism, but that apparently has not demonstrated any connection and there is nothing about autism currently on their website. About.com compares Fallon's description of his research to a press release from the L.I.A. Foundation:

Fallon:
In our work with children who have developed Lyme disease, we have encountered a few children who had developed autistic-like disorders which were eventually also diagnosed as having Lyme Disease due to other concomitant symptoms; when the child received intensive antibiotic therapy, the autistic syndromes dramatically improved and, in some cases, resolved. We hypothesize: a) that a small subpopulation of children with autism in Lyme endemic areas may have an antibiotic responsive disorder due to a spirochete-induced autistic syndrome...
L.I.A. Foundation press release:
New reports indicate up to 90% of children with autism are infected with Lyme disease. With autism at a staggering 1 out of 166 children, parents are questioning this new finding.
Can you tell which organization is using scientific methodology? The L.I.A. Foundation's list of its own activities puts "awareness" and "education" ahead of "research," which is putting the cart before the horse. (Of course, if they did research as a priority, that could cause problems for their chosen acronym--the L.I.A.R. Foundation probably wouldn't get as many donations.)

It should be noted that Welch and Gordon are not on the state homeopathy board today. But next time we have the opportunity, I suggest we Arizonans get rid of this board completely.

UPDATE (February 9, 2011): I recently came across this April 10, 2008 New Times story that shows how Arizona's homeopathic board certification has effectively been an invitation to doctors who've lost their licenses in other states to come to Arizona and become M.D.h.'s.

Monday, July 20, 2009

Bowl-a-Rama Fundraiser this Thursday



There are just 11 days left to raise money for Bowl-a-Rama. We have one more fundraising event this Thursday, July 23rd at Rosita’s in Tempe or Mesa. Please come out, enjoy a great meal and support RESCUE. 15% of your purchase is donated back to RESCUE!!! Pictured is the flyer for the event (you’ll need it in order for us to receive the proceeds). I can email the flyer to you if you are interested, just ask me in the comments. All are welcome for lunch, dinner, dine in or take out. Jim & I will be at the Tempe location around 6:00pm, please stop by.

Thursday, July 09, 2009

Prestons win in court

The judge has ruled in Preston v. Hallman, and again it goes in favor of the Prestons. As expected, he ruled that the city's decision to revoke their permit was "arbitrary and capricious" since it did not meet any existing standard for denial.

The judge ruled that Tempe must re-issue their permit and allow their business to open. The city has 30 days to file an appeal.

I haven't heard how the judge ruled on the other issue, which I predicted might go the city's way, but it doesn't matter for the overall outcome--it was enough for the Prestons to prevail on either of the two issues, and they won on the one that they had a very strong case for.

The Goldwater Institute has issued a press release about the victory, and the Arizona Republic has run a story on it.

(Previously.)

Monday, July 06, 2009

Arizona state senator Sylvia Allen thinks the earth is 6000 years old

Arizona State Senator Sylvia Allen (R-Snowflake), arguing in favor of a bill to allow uranium mining north of the Grand Canyon, casually says that the earth is 6,000 years old, and therefore a little uranium mining isn't going to hurt anything.

Snowflake, the home of the logging team that included claimed UFO abductee Travis Walton, also has a large Mormon population, and Mormons have power in the Arizona legislature far beyond their numbers.

The ignorant Senator Allen should step on over to the Talk.Origins Archive and read the Age of the Earth FAQ. (UPDATE: For a more readable introduction, how about Chris Turney's Bones, Rocks and Stars: The Science of When Things Happened, or G. Brent Dalrymple's The Age of the Earth.)



(Via the Bad Astronomy blog.)

Tempe tattoo parlor case


In late June 2007, Tom and Elizabeth Preston obtained a use permit from the City of Tempe to open a tattoo studio. The Prestons signed a five-year lease and invested $30,000 in the property, but then a local neighborhood group appealed to the city, arguing that this would have a negative impact on the neighborhood, lowering property values and increasing crime. (Other businesses in the same area include a liquor store, bail bondsman, lingerie shop, check cashing store, and an adult video store.)

Tempe Mayor Hallman and the City Council voted unanimously to override the zoning officials who had approved the permit on the basis that there was a "perception" that the business would contribute to neighborhood deterioriation.

The Goldwater Institute's Scharf-Norton Center for Constitutional Litigation has taken the case on behalf of the Prestons, with former Institute for Justice litigator Clint Bolick as the primary attorney for the plaintiffs.

In a previous hearing in May, the court ruled in favor of the Prestons and remanded the case back to the City Council for reconsideration. The city then asked for a new hearing on the grounds that it had found some new relevant case law, and that hearing occurred at 11 a.m. today before Maricopa County Superior Court Judge Robert Oberbillig.

The judge first stated, that the city's motion for reconsideration in today's hearing was appropriate and that the hearing would take place, setting aside the plaintiff's objections to that. He then focused most of the hearing on two issues. First, what was the appropriate level of burden of proof for the appeal to the city which revoked the permit? And second, did the city provide "credible evidence" that the Prestons' business would lead to neighborhood deterioration?

Burden of Proof
The burden of proof argument centered around two parts of the City of Tempe's Zoning and Development Code. These were Section 1-305 (D), which says:
Hearing Officer – Appeals. Any person aggrieved by a decision of the Hearing Officer under this Code may file an appeal to the Board of Adjustment, or the Redevelopment Review Commission as applicable, within fourteen (14) calendar days after the Hearing Officer has rendered its decision, in accordance with Part 6, Chapter 8, Appeals. Appeals of the decisions of the Hearing Officer shall be heard de novo by the Board of Adjustment, or the Redevelopment Review Commission as applicable.
and Section 6-802(C), which says:
In the event that a decision made under this Code is appealed, the appeal does not invalidate the approval. The holder of the approval may proceed with a use or development at their own risk.
The plaintiffs argued that this second section means that the permit was granted and created a vested right for the Prestons to use the property, and that in the event of an appeal the burden of proof was on the city to demonstrate a reason to revoke, rather than a completely new ("de novo") process that was as though they were applying for the permit for the first time. The city, by contrast, put emphasis on the first passage, arguing that the appeal hearing was "de novo" and had no burden of proof on the city. The city argued that the "at their own risk" phrase in the second section indicated that the permit was, in fact, conditional and did not give the Prestons any vested rights.

The plaintiffs were previously victorious on this issue on the grounds that the second section did entail a vested right for the plaintiffs. This time around, however, the city argued that case law from outside of Arizona demonstrated that there was no vested right. They agreed that the city made a botch of this case from a customer service perspective, in that the Prestons were not told that their permit was conditional and could be appealed, and they were in fact sent a letter by the city telling them to go ahead and start doing work on the property to meet other requirements of the city, such as the addition of windows.

The judge seemed amenable to the city's argument, and questioned Clint Bolick over this thoroughly. He noted that the Arizona cases presented by the plaintiffs on this issue were not in the context of a pending appeal, though Bolick disagreed with the judge, pointing to a 1939 case from Iowa City, Iowa, Crow vs. Board of Adjustment. The city responded by noting that a 1981 Iowa Supreme Court case, Grandview Baptist Church v. Davenport, argued the opposite--that a church couldn't apply a vested right during a pending appeal to keep a storage shed it had built.

The judge then pointed out that there were two arguments of equitable estoppel here--one is whether the city's actions in granting the permit shifted the burden of proof to the city and in favor of the plaintiffs for the subsequent appeal, and second regarding the potential for damages to be awarded to the plaintiff. He set the second issue aside, and then asked to continue the hearing to the question of the city's evidence of negative impact by the Prestons' business, which would become relevant if he ruled in favor of the city on this first issue.

The Credible Evidence Issue
On this issue, the city got a thorough grilling by the judge. The relevant context here was the city's use permit test criteria, part (c) of which supplies a ground for denying a use permit if a proposed use will cause:
Contribution to the deterioration of the neighborhood or to the downgrading of property values which is in conflict with the goals, objectives or policies for rehabilitation, redevelopment or conservation as set forth in the City's adopted plans, or General plan.
The hearing officer for the initial permit application ruled that this was not the case, but the City Council and Mayor overturned the permit on these grounds based on complaints from neighbors.

The judge made it clear that the city had the burden of providing not just evidence, but credible evidence that this would be the case. He noted that in the city's filings, it expressed concern that the tattoo studio is a "de facto adult business" which would contribute to a clustering of adult businesses (even though there is no clustering provision in statute) and thereby would cause a deleterious effect on the neighborhood.

The city's attorneys then noted that Tempe does now have an anti-clustering ordinance, which the judge seemed to suggest was not good for the city's case, but rather evidence that they didn't have the necessary ordinances in place at the time of their decision. He asked, "why even discuss a clustering effect" at this hearing?

The city responded that it was an issue raised by the neighbors, to which the judge responded that the city should have responded as the hearing officer already did on that issue--sorry, we don't have an ordinance on that, but we need another reason, such as contravention of the city's general plan or some other plan. But the hearing officer approved the use permit, and noted that it was in furtherance of, not in detriment to, the city's general plan.

The city's attorneys noted that the city didn't object to the business in general, and that Mayor Hallman had said that he hoped the Prestons would keep their business in Tempe.

At this point, the judge noted that the Prestons have had a successful tattoo business in Mesa for 15 years with no complaints, and asked, "So on what basis was this rejected?"

The city attorneys noted that nobody from the city has objected to tattoos, but it was complaints by third parties, neighbors of the business who "want some other type of business--a Starbuck's, or a drugstore," to stop the clustering. They made reference to a study from New York City (perhaps referenced by the complaining neighbors?) arguing that clusters of adult businesses contribute to neighborhood deterioriation and crime. They admitted that a tattoo parlor is not an adult business under city code, and again, that there was no anti-clustering ordinance at the time. (I find it interesting that both of the city's examples of preferred types of businesses are in the business of drug distribution. The space, in fact, remains vacant to this day, demonstrating that the real choice is between the Preston's business or no business at all.)

The judge then asked, "Where's the credible evidence? A New York study that's apples and oranges? A real estate person who steps up to the microphone [and offers objections]? If there's no credible evidence, [then] this [decision] could be arbitrary and capricious. If we have an anti-clustering statute, the permit process should incorporate that." He offered a few specific objections to the NYC study and its applicability here, and noted that in order to have substantive due process in the permitting procedure, the applicant needs to know up front that there are rules objecting to clustering. He stated that the city seemed, in effect, to have a secret unadopted city plan that requires third party intervention to enforce requirements that are not in the city's plans or ordinances. And he noted that the city had already overruled the arguments of the third parties in its initial granting of the permit.

At this point, the judge asked Bolick if he had anything to add, and he asked permission to give another argument on the previous point, arguing that it was the city's actions that caused the defendants to engage in detrimental reliance upon their representations. The judge told Bolick that "you're still missing the first step in the analysis--that it's a person who knows the law. It must be reasonable detrimental reliance." This exchange suggests to me that the judge will rule in favor of the city on the prior point. Bolick responded that there is a factual aspect to the meaning of the statute, and that the Prestons would never have made the investment if not specifically told to go ahead and do so by the city and by a hearing officer.

Bolick then made a few remarks on the credible evidence issue. He pointed out that the City Council and the City Attorney said in deposition that the city's standard must be satisfied, but the city also admitted that the business is in furtherance of the general plan. The judge said that the city is now focusing on a prior point, that the business is "detrimental to the public." Bolick said this is a post hoc change of the city's legal position and asked how a permit applicant would know. He stated that "there's not only no credible evidence for the city's position, there's no evidence." And he also noted that "there are constitutional dimensions to 'arbitrary and capricious'--there has to be a standard."

Immunity for Damages
At this point, the judge said there were a couple other issues to discuss. If the city didn't meet its standard and so has to issue the use permit, there's an immunity for damages issue. The city has argued for immunity to damages on two grounds. First, absolute immunity on the grounds that its action was a legislative action, as per an opinion from the city attorney. Second, immunity on the grounds that the "at your own risk" clause was sufficient warning to the plaintiffs. The city added a third argument, noting that while they want the case to be decided based on the current record, they have other documents that are relevant to a decision about damages. Specifically, they argued that there are emails between Preston and his contractors which appear to make the contracts conditional upon the granting of a permit and so neither Preston nor the city should be liable for that. Bolick agreed that there should be a separate factual review on damages, but that plaintiffs should win damages if they either win on the burden of proof issue or if they win on the "arbitrary and capricious" issue and it's an administrative act.

The judge observed that the City Council has a legislative function, a judicial function, and an administrative function, and that if this was an administrative function, this was not a matter of determining fundamental government policy. Bolick cited the Reynolds case (?) and another to the effect that issuing a building permit is an administrative act. The city attorneys objected that Reynolds didn't involve a de novo appeal process, and that the city was going forward on the assumption that it was a legislative process, as argued in a position from the city attorney on which the City Council relied. The judge asked, "is it clearly not judicial?" The city said that perhaps it might be, if the judge ruled that there couldn't be a de novo review in this case (i.e., if they lost on the burden of proof claim) and were thereby acting in an appellate capacity.

After a few more exchanges, the judge indicated that he would deliberate and be back shortly to issue a ruling from the bench. A few of us gathered outside the courtroom to talk, including Bolick, the plaintiffs, a few other supporters of the plaintiffs, and a reporter from the Arizona Republic. At around 1 p.m., the bailiff summoned us back into the courtroom, to inform us that we were all dismissed and the judge would be issuing a written ruling, which is apparently what he did at the May hearing as well.

My understanding is that the plaintiffs win the case if they win on either of the above two grounds, the burden of proof issue or the credible evidence/"arbitrary and capricious" issue, and the case will not go back to the City Council this time. Of course, it may be appealed by the losing side. My best guess is that the city will prevail on the first issue and the plaintiffs on the second.

CBS Channel 5 was also filming the hearing, but you heard the details here first.

I'll update this post with information about the decision after it happens.

The Goldwater Institute's website has more on the Preston case.

(The photo of the Maricopa County Court House in downtown Phoenix, above, is a Creative Commons licensed photo (attribution, noncommercial, no derivative works) from the flickr photostream of Steve Minor, user lumierefl. Click on the photo to get to that photo in his photostream.)

UPDATE (July 9, 2009): The Prestons won their case, again, on the grounds that the city's decision to revoke their permit was "arbitrary and capricious." I haven't heard how the judge ruled on the other issue. The city has 30 days to appeal the decision; otherwise they must issue the permit and allow the business to open.

Thursday, July 02, 2009

Fundraising for Bowl-A-Rama


I have only one month to try to reach my fundraising goal for this year's Bowl-A-Rama. I know times are tight, but if you can spare a few dollars please visit my page and make a donation.

(Photo is of the Lippard household's latest adoptee from RESCUE, Buster.)

Monday, June 22, 2009

CMI makes Darwin docu-drama

Via John Lynch's blog, I see that Creation Ministries International has made a docu-drama about Darwin titled "The Voyage That Shook the World," featuring professional historians who are well-known experts on Darwin. And why did these historians participate in a creationist project?

It seems that CMI took a page from the producers of "Expelled" and set up a separate production company, and failed to disclose the nature of their production to the historians in question. That suggests to me unethical deception--lying by omission--though I'd like to know what exactly the historians were told and what releases they signed before they participated.

Updates to come if I find out.

UPDATE (June 27, 2009): CMI describes its process for the documentary, including the document sent to interviewees, on its website. No mention is made of CMI or a creationist slant to the film. The director says that "if anything, CMI’s influence was one of moderation, ensuring that all sides were fairly represented," but if he is himself a creationist and set out to make the film from a creationist viewpoint, this isn't much of a defense. Note that at least one participant questioned who was providing the funding, and was told only "private investors." And one participant tried to return his fee in order to not appear in the film.

The proof will be in the pudding--it will be interesting to see what the film's narration says and how they fit the interviews into it. There's clearly no defense if it says things that are false or misleading.

Implicit in the CMI position is that creationism is a valid, reasonable, and evidence-supported viewpoint that deserves equal representation, but that's not the case.

One thing that's clear is that anyone being interviewed for a documentary in the age of Borat and Expelled should do some due diligence before signing a release.

UPDATE: John Lynch has responded further, as well, and I agree with everything he says. Their statement about atheists having "no compunction to be truthful at all" is false and offensive, and their analogy to an investigation of the Communist party is a bad analogy.

UPDATE: P.Z. Myers has weighed in. This may be the sort of online media coverage they're hoping for--the film is showing at so few places that the biggest place in Arizona to see it is a church in Miami, AZ (population < 2,000).

UPDATE (June 29, 2009): The CMI web page contains this statement under the movie poster image: "The Voyage that Shook the World, CMI’s documentary, has atheists ranting and raging. Rather than critique the film, they falsely accuse CMI of deception." This statement itself is dishonest--the accusations of deception are accurate, and the current complaints are not necessarily in lieu of critiquing the film, if it becomes feasible to view it.

UPDATE: John Lynch responds further to CMI, and notes that he has been incorrectly identified as an atheist (he's an agnostic).

Monday, June 08, 2009

ApostAZ podcast #16

The latest ApostAZ podcast is now out:
Episode 016 Atheism and Bleep-Free Thought in Phoenix! Go to meetup.com/phoenix-atheists for group events! Special Guest August Berkshire. August Berkshire is vice-president of Atheist Alliance International (AAI), and past president of Minnesota Atheists.

He is also in the midst of a three-week tour through the midwest and southwest visiting various atheist groups along the way including our own Phoenix Atheist group. Intro: Roll with an Atheist by Charlie Checkm. Outro: Fallen on the Front Lines by Galt Aureus.

August is the owner of the “ATHEIST” license plate for Minnesota and is proud to be listed in the reference book Who’s Who in Hell.
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Origin of the "Seven Deadly Sins": http://en.wikipedia.org/wiki/7_deadly_sins