Jim Nintzel, Tucson Weekly Reports on Oro Valley "Dopey Bureucrats"

Thanks to Jim Nintzel's "The Skinny" in the Tucson Weekly who has a "unique way" of reporting our issue. He tells it as it is!
Thanks

Art
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PUBLISHED ON JANUARY 24, 2008:

The Skinny

By JIM NINTZEL

LOVE LETTER

The dopey bureaucrats in Oro Valley recently showed how dumb they are again when they demanded that a local blogger register with the state.

The Oro Valley town clerk has sent Art Segal, who writes a blog called LOVE, or Let Oro Valley Excel, a letter telling him he would be in violation of state campaign laws if he didn't register his blog as a political committee.

Segal has evidently gotten under the skin of some Oro Valley staffers and elected officials with his persistent criticism of the way the town is run.

It may be hard for government officials in Oro Valley to understand all this "citizen journalist" stuff. But here's the deal: We do still have freedom of expression in this country, even in Oro Valley.

That means we can express an opinion, whether it's in a newspaper, in a blog or just on a sheet of paper we stick on a windshield in the Wal-Mart parking lot.

Oro Valley officials have a long history of trying to squash dissenting voices--and a long history of losing, too. The chickenshit stunts over the years include citing citizens who were gathering referendum signatures in a park.

Hell, the town is probably the only place where perennial candidate Joe Sweeney has won a legal fight, over the right to put up his congressional campaign signs. When you can't legally outmaneuver Sweeney, it's time to get new lawyers.

The end result of trying silence someone like Art Segal: more traffic for his blog. Nice of you to help out, Oro Valley!

Reason Foundation Takes Up Our Cause

The following speaks for itself. We certainly appreciate the overwhelming support.
Art
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OUT OF CONTROL


AND INTO CHOICE AND COMPETITION. Reason Foundation's web log on competition and choice in public policy. The choices are out there, and the ideas are here.

January 24, 2008 Harassing the Bloggers The town of Oro Valley, Ariz., has backed off a demand that a 71-year-old resident register his blog as a political action committee after he used it to endorse two candidates who were running against incumbents. A number of attorneys in Arizona, including Clint Bolik with the Goldwater Institute, agreed the town was completely out of line and that Art Segal, whose blog, www.letorovalleyexcel.blogspot.com, is often critical of local government policies and activities, is well within his First Amendment rights to support of any local candidate. Bloggers such as Segal are not required to register with the government to express an opinion unless they cross the boundary into financial support, Bolick told the Arizona Daily Star. “His blog is not a political action committee,” the attorney said. “He is simply a citizen expressing his political views.” The clear intent of the town was to silence political opposition, Bolick said. Oro Valley changed its mind after awkwardly defending the move, claiming that, upon receiving a complaint about the site from an anonymous citizen, local election law required it to demand Segal register. Yet one check of the rules and officials would have learned that they don’t apply to bloggers. What’s good is that, in the end, it’s another case where Internet blogging is afforded First Amendment protections. Blogging is a legitimate form of journalism and commentary. There have been more organized attempts to silence bloggers by attempting to argue that they are not truly “media” of not “professional journalists.” Witness Apple’s lawsuit to close down Think Secret, which excelled at doing exactly what I and my one-time Electronic News colleagues were encouraged to do week after week—scoop insider company and product news. Apple “won” that suit by succeeding in closing the site. Or was it simply that Nicholas Ciarelli, who as a 13-year-old had Apple’s PR people tearing their out, grew up and had other things to do, like attend Harvard, reportedly with some cash from the Apple settlement? So, on some level, it’s gratifying to see a town’s attempt at blogger intimidation turn out to be acknowledged for the petty power play it was. The whole affair left Segal — who said he has given no money to the candidates he endorsed months before hearing from the town — with a bad taste in his mouth. The resources that town officials spent trying to strong-arm him into compliance would have been better used to address issues important to Oro Valley residents, he said. "It's just another example of the wastefulness that this town has shown a propensity to do on much too many occasions," Segal said. http://www.reason.org/

Kathy Pastryk Relates Her Saga Of Oro Valley Harassment

Sometimes history repeats itself in Oro Valley. The Az Star editorial re: Oro Valley blogster Art Segal (Friday, January 18, 2008) recalls a somewhat similar incident that occurred during the 2006 Oro Valley Council race. A website, “Advocate of Oro Valley” which both praised and criticized town decisions, was hounded out of existence by the very same person: Councilman Terry Parish.

Just like there was “no pressure” on blogger Art Segal to get his Political Committee papers, back in January 2006, when Parish found my website online and didn’t agree with everything, he contacted outside lawyers at the taxpayers’ expense to find out whether the “Advocate of Oro Valley” violated the law. Reason? The site lacked an “ownership line.”

As the website’s owner, I had declared myself a candidate for Council that prior month, and relinquished the website. There was no way I could campaign and spend hours editing at the same time.

One phone call might have settled the matter, but with great hoopla Parish publicly announced that I had violated the law. Headlines subsequently appeared in both in the Star (January 26, 2006) and in the Explorer (January 18 and 26, 2006.)

Parish, who also works for the Sheriff’s Department, said he was merely “upholding the law.”

It was harassment then and it’s harassment now.

Kathy Pastryk

An Important Message To Oro Valley Residents Not Yet Annexed Into Golder Ranch Fire District

Many of our neighbors, especially in the northern part of Oro Valley are in the GRFD. Others, within the last year have been annexed into the GRFD. However, there are still many neighbors in a number of sub-divisions that have NOT been annexed, but are getting Rural-Metro Fire Department bills at GRFD rates.

If you are in the latter group, that has NOT been annexed, there may be some relief.

If you feel your Fire Service bill is more than what may be considered reasonable, I suggest you call Rural Metro customer service @ 297-3600 and ask for a discount.

I can't guarantee you anything, but the chances are good, you may save some money----but only if you ask.
You can be sure RM will not call you asking if you want a lower rate.

Let us know how you made out.

Art

Az Star Reports On Citizen's Concerns On Arroyo Grande

We previously did posting on the potential future annexation into Oro Valley of the State Lands to our immediate north.

The Az Star has an article addressing the issue that was discussed last week at the OV Council meeting, in front of a capacity crowd.

Christina McVie, a member of the Coalition for Sonoran Desert Protection said it all in her in her one sentence quote:

"We're hopeful that this can lead to good planning," but the residents, they made it real clear, they have a little issue with trust."


Read the Az Star article here.
http://www.azstarnet.com/sn/85737/221869

Barry Gillaspie Supports Our Right of Free Speech

I'm not sure if Barry Gillaspie had any reasons other than doing the right thing, but I give him credit for taking a position as it concerns my rights as a blogger.

Certainly, we're all aware an election is on the horizon for Oro Valley Council, and Barry is one of the three incumbents seeking re-election. While I believe Barry stands "head & shoulders" above the other two incumbents; Helen Dankwerth & Terry Parish, I will continue to support ONLY BILL GARNER & SALETTE LATAS.

However, it is refreshing to have Barry take a definitive position on an issue, and state his point of view quite emphatically. I'm afraid that has been sorely lacking in the past.

Here is Barry's letter as printed in the Jan 24 Az Star.
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Activism alive in OV

Re: the Jan. 18 editorial "Oro Valley picks a losing battle in blogosphere."

I support Art Segal's right to free speech — always have and always will. As an elected official, public scrutiny assists me in better evaluating my course of action and in making decisions.

I don't always agree with Segal's portrayal of issues related to the town's government, but I would not support restricting anyone's right to free speech, whether in a blog or in a public meeting or other forum.

This series of events was disappointing to me. We have a long tradition of activism in Oro Valley — activism that has made our community strong and very vibrant. I hope it will continue.

Barry Gillaspie

Oro Valley councilman

Editor's note: Gillaspie is seeking re-election and is not among the candidates supported on the blog.

Clint Bolick,Goldwater Institute:Writes--Oro Valley Threatened My First Ammendment Rights

The Goldwater Institute Daily January 24, 2008 Oro Valley Scores another Dubious First Town threatened blogger's First Amendment rights by Clint Bolick The town of Oro Valley, whose local government does not mirror its idyllic surroundings, was Arizona's retail development subsidy capital until its town council declared a moratorium on the practice last year. Now it is distinguishing itself in another way: as the state's leading suppressor of political expression. The town's policies have inspired a remarkable degree of civic activism, including a blog called Let Oro Valley Excel, operated by retired executive Art Segal. Segal is an irritant in the body of the beast, regularly subjecting local policies to scrutiny and criticism. The final straw for the powers that be was the endorsement on his blog of two candidates seeking seats on the town council. Town officials demanded that Segal either register his blog as a political action committee, or link other candidates' websites on his blog. Either requirement would paralyze the blogosphere, which is the most revolutionary means of political expression since the invention of the soapbox. The town mischaracterized Arizona law regarding political action committees, which encompass not mere endorsements but organized efforts and expenditures to promote candidacies. Indeed, were the laws broader than that, newspapers that endorsed candidates would have to register as well. More important, political speech is at the core of the free speech guarantees of both the Arizona and U.S. Constitutions. Registration constitutes an unconstitutional prior restraint-and even a warning like the one served on Art Segal has an impermissible chilling effect. Segal refused to comply with the town's edict, and the Goldwater Institute stood ready to represent him in court. After having outside legal counsel review their policy, the town seems to have backed off for now. But its clumsy attempt to suppress political opposition provides a clarion call for the need to be eternally vigilant in defense of our freedoms. Clint Bolick is the director of the Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute. Learn More Arizona Daily Star: Town tells blogger he needs to register Arizona Daily Star: Oro Valley picks a losing battle in blogosphere Art Segal: Let Oro Valley Excel Contact Clint Bolick Goldwater Institute info@goldwaterinstitute.org