Celebration Time—C’mon!

By Bob Priddy, Missourinet Contributing Editor

Some sports know how to celebrate a victory.  Others just have participants shake hands and go to the locker room.

Admittedly it’s hard to go crazy ninety or 100 times a year in a baseball season, or thirty times if you’re a top NCAA basketball program.  Winning the Super Bowl, the World Series, the Stanley Cup, the NBA Championship—all of those have major celebrations.

But 36 times a year, it’s confettiville—

—at a NASCAR Cup race.   The winning driver is in there someplace.

And it’s time to smoke ‘em because you’ve still got ‘em—–

There’s a car in there.  It just won the NASCAR Cup race at Worldwide Technology Raceway and it’s traditional for the winner to cut roaring donuts and burn off what’s left of the rubber on the rear tires.

And then, in Kyle Busch’s case, to get out of the car and bow to the crowd that often responds with a mix of cheers and boos.

Then the car goes to victory lane for the hurricane of confetti.

and then there’s  celebration with the crew.

Some folks don’t understand why your correspondent likes auto racing.  That’s okay.  I don’t have much good to say about the NBA (I went to a game in Washington, D.C. once and felt that I was at some kind of a carnival that was interrupted by some big guys playing some version of basketball.)  And soccer?  A lot of guys running around a big field for an undetermined amount of time and a team that scores a goal in all of that is a winner.  Horse racing?  One lap is all I get?

Auto racing also is more fan friendly than many sports.  Where else can fans chat with four players before a big game as this fan was doing in the garage area at WWTR? Full-field autograph sessions are often held before a race.  And there are lots of selfies—-

—in this case with Missouri’s most successful NASCAR driver, Rusty Wallace, who was at the track to drive some exhibition laps in his favorite car. It even has a name,  Midnight.

Or photos with prominent participants—in this case with Jamie Little, who is a pit reporter for the FOX television team.

Have you ever heard of the Chiefs inviting fans out of the stands for an autograph or selfie session at Arrowhead Stadium before a game?

So these guys went out and do what they do.  It took about six hours to finish the race because of a 105-minute delay while potential unsettled weather moved out of the area. A lightning strike several miles away triggered the precautionary step. The race included nine on-track caution periods.

One other social note about the race.  Among the spectators, actually a special guest of the Illinois political folks who sponsored the “Enjoy Illinois 300” was this fellow:

We don’t know if Governor Parson got any autographs or had his picture taken with any drivers (or vivacious TV reporters) but he seemed to be enjoying things.  We didn’t know he was a car-racing fan although as a former sheriff he probably had his share of high-speed adventures.  We hope he had a good time, probably more comfortable than we did on a 90-plus degree day walking from one end of the track to the other in our hot photographer’s vest that the track provided so my camera could go to certain places.

And I couldn’t help myself, but seeing him at a race track in sight of the Gateway Arch reawakened an irritation that has been in mind for more than twenty years.   On the other side of our state, some promoters were looking for some tax incentives to build a major NASCAR track near the Kansas City airport.  The legislature, showing the vision that it sometimes shows, refused any help. So, in 2001, within sight of the Kansas City skyline, the Kansas Speedway opened and has triggered a massive industrial development around it.

Maybe a lot of readers don’t understand this racing thing and why people enjoy it so much.  But it is huge economically.  And Missourians are going to a track in Madison, Illinois—as Governor Parson and I and a lot of other Missourians went last weekend—or to the Kansas Speedway, or to the high-banked Iowa Speedway (with design consultation from the aforementioned Rusty Wallace) but we could have had our own track and its economic development around it.

But we blew it. Or our legislature did.

Kyle Busch had plenty of chances to blow the race last weekend at WWTR.  He withstood challenges from Kyle Larson and Denny Hamlin on a series of late-race restarts after crashes to finish half a second ahead of Hamlin. Last year’s winner, Joe Logano, was third with Larson fourth and Martin Truex Jr., one of the drivers talking to a fan in the garage area we showed you earlier, fifth.

Late that night—the race ended about 9 p.m. after eleven caution periods and a stoppage for almost two hours because of lightning in the area—-two big trucks passed your correspondent on Interstate 70—haulers carrying some of the cars that will race next weekend on a road course at Sonoma, California.

(INDYCAR)—Much—but certainly not all—of the skepticism about the raciness of the Detroit street course seemed to have gone away by the end of Sunday’s race, won by Alex Palou.  The track’s roughness, ninety-degree corners and tight passing areas had raised concerns during practice.  Some drivers thought the long front straightaway remained too bumpy and left them unable to advance as they would have liked. One team owner, Chip Ganassi, thought the GP was “a really good race” despite earlier fears that chaos would take place.

Race organizers say they’ve been listening closely to the criticisms and will have a better circuit next year.

Palou started from pole and led 74 of the 100 laps. Runnerup Will Power led fourteen of the others and finished about 1.2 seconds back.

Felix Rosenqvist was third with Scott Dixon continuing his consistent runs this year with a fourth.  Palou led by as many as nine seconds but at the end was only 1.2 seconds up on Power. He was one of the skeptics earlier, calling the course “too tight for INDYCAR, too short for INDYCAR.”  He complained it was “too bumpy.”  At the end of the race, however, he conceded, “I was a really fun race. It was a lot better than I expected.”

(FORMULA 1)—-Red Bull’s Max Verstappen makes it five wins  in seven races this year with a victory in the Spanish Grand Prix. His closest competitor was 25 seconds back.  The results have prompted INDYCAR star Will Power to pronounce Formula 1 racing incredibly boring and not nearly as exciting as INDYCAR racing.

(MIZ)—Finally, Missouri bas a big guy.  And we meet big.  REALLY big. How about 7-feet-5 inches?  Connor Vanover has played at the University of California then moved to Arkansas and was with Oral Roberts University last year.  Petty good stats: 34 games, shot 52% from the field and 32 percent from outside for an average of about 13 points a game. Better than 81 percent of his free throws found the net. 7.2 rebounds, 3.2 shots blocked.

This will be his only year at Missouri. His college eligibility will be finished.

But how’s this for a Tiger front line?  Jordan Butler at 6-11, Vanover at 7-5 and Mebor Majak at 7-2.

(THE BASEBALL)—-Why talk about our teams when we can talk about Albert?

He has a new job.  He’s a special assistant (in other words, a consultant) to Commissioner Rob Manfred, advising him on issues related to the Dominican Republic and other areas. Pujols also is in the broadcast booth as of tonight (Tuesday) as an analyst on an MLB Network. l

Okay, now the teams: The once lowly Pittsburgh Pirates sank the Cardinals back into last place in the division by sweeping the Redbirds during the weekend—after the Cardinals had had to days off to rest up after a poor road trip.  They’re 10 games under .500 but the good news is that they’re playing in a division so weak that the leader is only five games above .500.

The Royals?  They continue to be so bad that if they were in the same division as the Cardinals, they’ve be seven games behind the Cardinals going into this week’s games.

The only team in the major leagues with a worse record is 12-49, the Oakland Athletics.

 

“1776” in 2023

We still don’t have sports wagering in Missouri.  But we do have video lottery terminals—and that really aggravates the casino folks and the pro sports teams that have seen another year of huffing and puffing on their parts gone to waste.

Watching the annual efforts of the gaming industry to bully the legislature into giving it as sweet a sweetheart deal as possible on sports wagering while VLT advocates argue that they have a right to the gambling dollar, too, has become tiresome.  Casinos see VLTs as competition.  VLT people don’t disagree but say the idea that casinos should have a monopoly on emptying the pockets of gullible Missourians is, well, unfair.

There is, of course, nothing fair about commercial gambling regardless of whether it is conducted in noisy, gaudily decorated casinos or whether it’s conducted next to the pork rinds rack or the beer cooler at the convenience store.

Neither side is interested in compromise.  And the result has been for several years the same: a deadlock at the end of a legislative session that runs the session off the rails and kills a lot of legislation that has the possibility of a greater positive impact on the lives of Missourians.  Or maybe negative impact.  But those points haven’t gotten argued.

We are reminded of John Adams’ rant early in the musical “1776,” as he rails against Congress’s inability to decide whether to declare independence from Britain:

You see, we piddle, twiddle, and resolve
Not one damn thing do we solve
Piddle, twiddle, and resolve
Nothing’s ever solved in
Foul, fetid, fuming, foggy, filthy
Philadephia!

Now, to be honest, Jefferson City is none of those things. Well, mostly. It’s not foul or fetid or fuming and filthy, although at times in the spring and the fall when the water temperature of the Missouri River is several degrees different from the air temperature, there’s plenty of fog. One almost has to get out and lead their car across the bridge, the fog is so thick.

Casino gambling is legal. Sports wagering is not.  VLTs are legal as far as their advocates are concerned but there is no law allowing them or regulating them. One county has a court ruling that says VLTs are illegal in that county.

The future?  The people who can step in and solve the problem won’t do it.  There are no grownups in the room on this one.

One person is position to provide some leadership is Attorney General Andrew Bailey.  But the Post-Dispatch reported the other day that the issue is too “complex” for him to say whether VLTs are or are not legal or to take action to find out.

He apparently is not interested in determining what machines are legal and which ones are not—or to offer suggestions to legislators who might want to put the definition in the statute books.  The article quotes Bailey saying on St. Louis radio station KTRS, “It’s impossible to make a blanket determination that everything that looks like an illegal gaming machine must therefore by definition be an illegal gambling machine.”

Others, however, say a duck is a duck.

It’s a local issue, he says, not something for the state to determine.

So, does that mean that the legislature should just butt out of the VLT discussion?

Should the state butt out of the discussion of sports wagering, too?  Should that be a local issue?

Just imagine how much fun it would be to be able to place a sports bet while standing next to a gas hose attached to your car in Callaway County but not be able to try your luck at a VLT when you go inside to get some fake bacon to snack on while you drive to Boone County, where you can spend a few minutes risking the family fortune on a VLT but not be able to bet on a sporting event when you get a beer to wash down the fake bacon.

Then you go to Cooper County to empty your pockets at the blackjack table in a legal casino.

It wouldn’t hurt if the state’s top legal officer, instead of just brushing off the issue, offered to be a mediator.  It’s not one of his constitutional duties but our attorneys general of late have set a precedent, regrettable though it might be, of straying far beyond their constitutional duties—all the way to the southern border or into the elections held in selected states.

But that’s not going to happen.  The Post-Dispatch also reported that money is fueling the Piddling and the Twiddling.

It seems that two VLT companies have taken the state to court charging it is harassing them by trying to remove their machines from convenience stores although there’s no proven law making them illegal.  Normally the Attorney General is the defense attorney for the state when it is sued. Not Bailey.  The newspaper reports he took a $25,000 campaign donation from a political action committee with ties to former House Speaker Steve Tilley, now a lobbyist for a gambling company. The story also says Bailey had taken “tens of thousands of dollars” from the two VLT companies involved in the lawsuit.

Boy oh boy.  These folks certainly know how to cultivate the public’s confidence in government, don’t they?

Will the issue of sports wagering versus video lottery terminals be resolved by the 2024 legislature?

We consulted the most reliable predictor of future events, the Magic 8 Ball.  “Don’t count on it,” the ball said.   “My sources say no,” was another response. But there were three versions of “yes” when I kept asking.

Will there be more piddling and twiddling? “Sources point to yes,” said the ball.

So—there’s your definitive answer to this matter where the issues are so clear-cut and the participants are so vitally interested in what’s in the best public interest.

 

Blood Right

Ten years ago, I threatened to break a new law within thirty seconds of when it went into effect.   I think of that circumstance from time to time and it has come to my mind more than once of late as the number of mass shootings piles up.  And as one shooting in particular has touched me.

I was still a reporter in the Senate in 2013 when Governor Nixon vetoed a bill that would have exempted Missouri from recognizing any federal gun laws  that “infringe on the people’s right to keep and bear arms.”  Any federal official who tried to enforce such a law could be arrested and charged with a misdemeanor.  AND if made it illegal to make public the names of gun owners.

That meant that I could not publish the names of the legislators who carried guns into the House and Senate Chambers and voted for the bill.  Yes, some did carry guns in the chambers. And to be truthful, there were times when debate got overheated that I did not feel entirely secure.

I don’t know if we have lawmakers packing today. I’m not down amongst them anymore. But a sign on the entrance door to the building indicates they’re allowed to have guns inside.

The Missouri legislature from time to time has tried to say it has the power to declare particular federal laws are not effective here, the United States Constitution notwithstanding. The legislature has at times protected the Second Amendment the way a Doberman would protect his raw steak.

That might be justifiable if all federal constitutional rights are absolute. The Second Amendment is to its most ardent defenders a Doberman Amendment. Touch it and I’ll bite off your arm.

As we’ve noted before, declared rights do not erase personal responsibility.  Free speech still allows lawsuits for libel and slander.  Freedom of Religion does not allow the state to insist that any of us must follow a particular faith to live and prosper.  The right to assemble does not grant a right to smash windows and doors at the United States Capitol and interfere with a mandated role of Congress.

So it is with the Second Amendment. It assumes those with guns will use them to protect the nation’s security (in some interpretations), and that those with guns will be responsible citizens.

As with any right, or any privilege, irresponsibility has its penalties.  The responsible citizen suffers because the irresponsible citizen is allowed free reign (as others might interpret the situation).  In today’s culture, the issue is whether responsible citizens are defending the irresponsible ones to the detriment of the citizenry as a whole.

The mass shooting last weekend in Allen, Texas again raises the question that passionate Second Amendment defenders brush off.  But once again we are told that the answer to mass shootings is the same solution Archie Bunker had in the days when airline hijackings were regular things—issue every passenger  a gun. So it is in these incidents that one answer is to have more people with guns.

Or—instead of limiting access to guns originally designed with one purpose—to kill an enemy on the battlefield using a large magazine of bullets—we are told the answer is better mental health treatment.

The problem seems to be that this corner of our political universe also is one that seems to vehemently oppose providing funding that will pay for those services—-or any of the services the “advocates” say need to be improved.

One of the cable networks covering the shooting in Allen took special note that the shooter might have worn body armor and asked program commentators if there should be limits placed on the sale of body armor, making it available only to law enforcement officers and other first responders.

As this is written, there has been no howl that such a proposal infringes on somebody’s right to shoot and not be shot back.  But it is a serious issue.  The idea that our children should go off to school every morning in their cleaned and pressed body armor, or that the dress code of teachers and administrator requires coat, tie, and bulletproof vest—and a Dirty Harry pistol in the holster that’s in plain view—is absurd.

It is said that money is the life-blood of politics. It has been said that a society is measured by how well it protects its most vulnerable.  One question asked during coverage of the Allen incident is, “Is there anyplace any more where we aren’t vulnerable?”

Political life-blood.  Innocents’ life-blood.  A decision about which is more valuable seems beyond expectation. Death awaits us all but in today’s America, we face uncertainty about whether we shall die in bed surrounded by our loved ones or die on the floor of a mall or a church or a school surrounded by a growing pool of blood.

Getting back to the veto override.   After Governor Nixon vetoed that particular Missouri Secession effort, the legislature had a chance to override it.   And the House did. 109-49, exactly the number needed. It was a stunning event to many, including the person sitting in my chair at the Senate press table.

The bill came over to the Senate and it was 22-10, needing one of the two remaining Senators to vote for the override for that bill to become law.  President Pro Tem Tom Dempsey and Majority Floor Leader Ron Richard had not voted. If one of them voted “yes,” the override would be complete.

I am not taking credit for what happened next. I don’t know if they were aware of what I had told some of my colleagues at the press table. I already had written a piece for the Missourinet blog about that bill.  I had three photographs I was going to use. One was of me, standing in front of an American Flag proudly holding my Daisy BB gun.  Another showed Governor Nixon with Wayne LaPierre, the President of the NRA, and the owner of the Midway Exchange west of Columbia. They were cutting the ribbon on a new gun shop at that complex.

The third picture showed the daughter of Missourinet reporter Jessica Machetta posing with her grandfather. They were with the deer that Macy had shot with her grandfather’s gun. It was her first deer.

Dempsey and Richard both voted “no.”  The override failed by one vote.  I never got to publish that entry on that blog. I really wanted to publish it.  And then tell the legislature, “Come and get me.”

Jessica lives in the Denver area now.  A few days ago, Macy was murdered by her boyfriend, who then shot himself to death.

One dead. Two dead.  Twenty dead.

Say what you want. Make sure you sound sincere.  But don’t do anything to really look for a solution to gun violence.  Don’t mess with the Doberman.

And Down the Stretch They Come

It’s like the Kentucky Derby this past weekend.  The big group of horses rounds the last turn, accelerating, bumping, jostling, looking for an opening, straining for the finishing line.

And then, it’s over.  Suddenly.  Done.  In the record books. The exhausted competitors head back to their barns.

The last week of this year’s regular legislative session begins today.  All of the work, the hopes, the politicking, the lobbying, the deals and compromises, the conflicts and the consensus-building comes to a merciful end at 6 p.m. Friday.

The public has no concept of what their elected representatives go through on their behalf—or at the behest of those with power to force decisions—between early January and mid-May, especially in the weeks after Easter break when the clock begins to tick more loudly and the calendar pages fall more quickly.

The greatest responsibility the legislature has each year is passage of a state budget.  This year it is $51 billion, huge, the largest budget in state history.  The state is flush with money and sometimes there’s more fighting about state spending when there’s a lot than there is when there’s a little.  With the little, lawmakers have to cover the basic services. With a lot, there are more pet projects, more promises to be fulfilled, more conflicts about what constitutes responsible fiscal policy.

Time of plenty tend to breed unnecessary discussions of policies that ultimately will make times of little even worse.  It becomes harder to defend a system that allows consistent fiscal responsibility in good times as well as bad.

This is the week when bills become Christmas Trees, as they’re called in legislative circles—bills that begin as simple measures suddenly exploding in size as lawmakers who see their bills doomed for failure find bills with better prospects on which they can hang their issues.

Sometimes it works.  Sometimes the bills finish up violating a constitutional standard that a bill can contain only one subject. Sometimes an effort to piggyback a controversial issue onto a relatively non-controversial bill kills both.

Perhaps the biggest issue involving the above scenario involves sports wagering.  Hallway talk is that gambling interests will make one last push to finally get sports wagering by tacking the bill onto a Senate-passed tax bill during House debate and sending it back to the Senate for approval with no time for negotiations. The Senate must take sports wagering, which would face certain death on its own, if it wants to finally approve a more general bill that it has already passed.

If you have trouble following that description, you are not alone.  Bills can become sacrificial lambs as well as becoming Christmas trees.  Believe it or not, the process as a certain fascination the more you watch it.  We will not try to influence your judgment about how moral or ethical that process is.

Sports wagering has at least one strong opponent in the Senate who is prepared to filibuster if the issue returns in some form from the House—and filibustering means there won’t be time for several other bills to be considered as the clock winds down.

So will the sports wagering advocates, desperate to get the issue approved after five years of previous failures, cause the death of other issues because they cannot take “no” for an answer? Again?

This is a nervous time for majority leadership in both chambers because they know every deck contains 52 wild cards at this time of year.   To their credit, they’ve run the place pretty well in 2023, particularly compared the debacle of 2022. But they know their leadership legacy might rest on what happens by 6 p.m. Friday.

Everybody is excited to be coming to Jefferson City each January.  But speed limits will become  just roadside advisories for a lot of people after the gavel falls Friday evening.

The Fido Tax 

Every now and then somebody comes upon a law that is old, forgotten, and outdated.

Part of a bill in the Missouri legislature this year calls for discarding one such tax, approved more than eighty years ago. It was introduced in the Senate by Mike Moon.  It has two weeks to get passed.  But things are complicated by some possible political gamesmanship that might doom this and other tax reduction efforts. That’s for another day.

Most cities and counties require Fido, Spot, Lassie, etc., to have tags.  But the kind of enforcement envisioned when the law was new never has happened.

The first part of the law went into effect in the 1930s—or maybe in the 20s— and other provisions were added through several more legislative sessions.

The language is pretty clear:

273.050. Dog tax, when due. — No dog shall be permitted to be and remain within the limits of the state unless the owner thereof, or someone for said owner, shall have caused such dog to be listed and the tax imposed by sections 273.040 to 273.180 to be paid on or before the first day of February of each year hereafter.

 273.060.  Amount of tax. — The tax on each male dog and each spayed female dog, of which the certificate of a veterinarian or the affidavit of the owner is produced, in this state shall be one dollar per year, and the tax on all other dogs in this state shall be three dollars per year, payable to the county clerk of the county in which the owner resides; provided, that any person or persons operating a licensed kennel of more than ten dogs in which all dogs kept by him or them are confined and not allowed to roam, shall pay a tax of ten dollars, which amount shall be the full amount of tax on all dogs kept by said person or persons as described above.

The fact that the tax is only a dollar, or three, is an indication that this is a really old law.

The law is still on the books.

The other sections of statute referred to in that paragraph give counties the right to vote on whether to require the licenses.

The fees would go into a fund to reimburse owners of livestock or poultry for losses incurred because of dogs—although it the dogs were theirs, they would get no money.

The town marshall was responsible for catching the delinquent pooches and holding them for a week. After that, the law required him to kill them. Humanely.  Owners could get their pets back

The assessor had to make a “diligient inquiry” of property owners about the number of dogs they had and if, upon checking the courthouse records and finding no licenses issued to that address, would have to tell owners they needed to get right with the law.

Voters had to approve the tax at the local level. If they reconsidered later, a petition signed by 100 people could order a re-vote.

The Missouri Fox Hunters Association and the Missouri Field Trial Association objected strongly.

The law did not go over well in other places either.  The Jefferson City Daily Capital News observed in its February 2, 1939 edition that “Eighteen counties north of the river voted the dog tax. Not a county south of the river voted for it. The north Missouri counties are strong for sheep. South of the river counties are partial to canines.”  Twelve days later the newspaper reported, “Monroe County has between two and three thousand dogs but only 150 of them have an owner who thnks enough of them to pay the dog tax to save their scalps.”

The Moberly Monitor Index reported on February 3 that ten Monroe County farmers had filed claims for damages to their sheep. But since only four dog owners had paid the tax, it was unlikely the tax would produce enough money to pay the damages.

The Sikeston Daily Standard on March 10 called the tax “a joke” because the city had collected only seventeen dollars from the dog tax.

The Brookfield Argus noted on March 16, “There’s gloomy days ahead for ‘poor old Rover’” because the voter-approve tax had gone into effect. But only two of the probable 3,000 dogs in the county had been licensed  and they belonged to Marceline Police Chief Rich Freeman and County Extension Agent Robert J. Hall. The tax, said the newspaper, “applies to all dogs, whether they are of the county variety or the sophisticated city type. Old Shep, Fidol Fluff, or Trixie all must wear the 1939 style of necllace or join that somber parade to the burial ground for dogs.” It does not appear much of such a parade was ever assembled.

Eventually, all of this resentment simmered down.  We are expected to get new dog tags for our versions of Jim the Wonder Dog or Old Drum each year.  We’ve never heard of a farmer getting dog tag money for replacement of dog-induced poultry or livestock death.

But we’re still supposed to get a tag and a collar for our best friend.  Senator Mike Moon doesn’t think it’s a state issue.  Or sholdn’t be.

Just thought you might find it interesting to learn how all of that started.  Our dogs went without tags and dog owners went without pooch taxes for the better part of 120 years before state government decided our dogs couldn’t live in Missouri without tags and collars.

But then, big government stuck its nose into our dog houses.

 

 

The Fido Tax

Every now and then somebody comes upon a law that is old, forgotten, and outdated.

Part of a bill in the Missouri legislature this year calls for discarding one such tax, approved more than eighty years ago. It was introduced in the Senate by Mike Moon.  It has two weeks to get passed.  But things are complicated by some possible political gamesmanship that might doom this and other tax reduction efforts. That’s for another day.

Most cities and counties require Fido, Spot, Lassie, etc., to have tags.  But the kind of enforcement envisioned when the law was new never has happened.

The first part of the law went into effect in the 1930s—or maybe in the 20s— and other provisions were added through several more legislative sessions.

The language is pretty clear:

273.050. Dog tax, when due. — No dog shall be permitted to be and remain within the limits of the state unless the owner thereof, or someone for said owner, shall have caused such dog to be listed and the tax imposed by sections 273.040 to 273.180 to be paid on or before the first day of February of each year hereafter.

 273.060.  Amount of tax. — The tax on each male dog and each spayed female dog, of which the certificate of a veterinarian or the affidavit of the owner is produced, in this state shall be one dollar per year, and the tax on all other dogs in this state shall be three dollars per year, payable to the county clerk of the county in which the owner resides; provided, that any person or persons operating a licensed kennel of more than ten dogs in which all dogs kept by him or them are confined and not allowed to roam, shall pay a tax of ten dollars, which amount shall be the full amount of tax on all dogs kept by said person or persons as described above.

The fact that the tax is only a dollar, or three, is an indication that this is a really old law.

The law is still on the books.

The other sections of statute referred to in that paragraph give counties the right to vote on whether to require the licenses.

The fees would go into a fund to reimburse owners of livestock or poultry for losses incurred because of dogs—although it the dogs were theirs, they would get no money.

The town marshall was responsible for catching the delinquent pooches and holding them for a week. After that, the law required him to kill them. Humanely.  Owners could get their pets back

The assessor had to make a “diligient inquiry” of property owners about the number of dogs they had and if, upon checking the courthouse records and finding no licenses issued to that address, would have to tell owners they needed to get right with the law.

Voters had to approve the tax at the local level. If they reconsidered later, a petition signed by 100 people could order a re-vote.

The Missouri Fox Hunters Association and the Missouri Field Trial Association objected strongly.

The law did not go over well in other places either.  The Jefferson City Daily Capital News observed in its February 2, 1939 edition that “Eighteen counties north of the river voted the dog tax. Not a county south of the river voted for it. The north Missouri counties are strong for sheep. South of the river counties are partial to canines.”  Twelve days later the newspaper reported, “Monroe County has between two and three thousand dogs but only 150 of them have an owner who thnks enough of them to pay the dog tax to save their scalps.”

The Moberly Monitor Index reported on February 3 that ten Monroe County farmers had filed claims for damages to their sheep. But since only four dog owners had paid the tax, it was unlikely the tax would produce enough money to pay the damages.

The Sikeston Daily Standard on March 10 called the tax “a joke” because the city had collected only seventeen dollars from the dog tax.

The Brookfield Argus noted on March 16, “There’s gloomy days ahead for ‘poor old Rover’” because the voter-approve tax had gone into effect. But only two of the probable 3,000 dogs in the county had been licensed  and they belonged to Marceline Police Chief Rich Freeman and County Extension Agent Robert J. Hall. The tax, said the newspaper, “applies to all dogs, whether they are of the county variety or the sophisticated city type. Old Shep, Fidol Fluff, or Trixie all must wear the 1939 style of necllace or join that somber parade to the burial ground for dogs.” It does not appear much of such a parade was ever assembled.

Eventually, all of this resentment simmered down.  We are expected to get new dog tags for our versions of Jim the Wonder Dog or Old Drum each year.  We’ve never heard of a farmer getting dog tag money for replacement of dog-induced poultry or livestock death.

But we’re still supposed to get a tag and a collar for our best friend.  Senator Mike Moon doesn’t think it’s a state issue.  Or sholdn’t be.

Just thought you might find it interesting to learn how all of that started.  Our dogs went without tags and dog owners went without pooch taxes for the better part of 120 years before state government decided our dogs couldn’t live in Missouri without tags and collars.

But then, big government stuck its nose into our dog houses.

Who Are We?   

The Missouri Senate left early for spring break, hung up on the latest proposal that is part of the constant process of trying to determine who we are.

Senators had been locked in a two-day filibuster on a bill banning gender-affirming care for transgender minors.

It’s never easy to classify people and people’s rights as we learn that human beings are more varied and more complicated than we think. The issue has been summed up by Catholics for Choice:

The Catholic hierarchy teaches that God created a binary system of male and female bodies that are supposed to complement each other. They believe that women and men are equal in worth and dignity, yet their physical and anatomical differences are evidence that God intends different roles and purposes for them in church, society and the family. This system not only reinforces women’s suffering but oversimplifies the complexity of gender identity, erasing whole communities of people made in God’s image.

Men are always awarded power, authority and dominance, women are relegated to the roles of service, nurturing and adoration, and non-binary or gender non-conforming people are not even recognized.

Catholics for Choice believes that God’s creation is far more complex. We do not accept that an individual’s purpose is bound by biology or anatomy, and the notion that sex is a binary of male and female is scientifically inaccurate. We work towards a world that treats all people equally regardless of sex, gender identity, or gender expression.

 It’s not just the Catholic Church that is divided by this issue philosophically. Several Protestant fath organizations divided on the issue of slavery. Another split on the issue of instrumental music in worship. Today’s divisions, philosophically as well as structurally, seem to be on issues of gay marriage or other gay rights.

This is not new to our nation. What’s happening is that we again are at a point where we are re-defining human beings. We have never been able to see each other—as Catholics for Choice put it—as a whole community of people made in God’s image.

African Americans got the 14th Amendment in 1868 saying they were equal citizens under law.  The Nineteenth Amendment, ratified in 1920, gave women the right to vote. Native Americans were declared American citizens in 1924. In 1954, the Supreme Court ruled black and white children could go to school together. The Civil Rights Act of 1964 banned discrimination in hiring because of religion. Inter-racial marriage became legal in 1967. The Fair Housing Act of 1968 eliminated race-based real estate covenants. Gay marriage became legal in 2015.

Now we are wrestling with how to recognize a different kind of identity, the non-binary individual.  Once again, some of the arguments are based on religion and doctrine versus science, society, and self-identity.

We are more complicated as a species than we sometimes want to admit.  Always have been.  As a society we’ve always had problems dealing with those who are different and reconciling ourselves that even different people have unalienable rights, too.

A generation from now, maybe two, some of our descendants will look at our times and ask, “What were they thinking?” in the same way we look at our previous generations and wonder about the race and gender issues that bedeviled them.

Will they still be fighting about what rights people have who are in some way different from the majority of them?

Utopia will always be far away as long as we find ways to define ourselves by our differences

The Quote Behind the Quote

A few days ago, Kansas City District Federal Judge Brian Rimes threw out the so-called Second Amendment Preservation Act, passed by the General Assembly in 2021. The act allowed gun owners to sue local police and sheriff’s officers for as much as $50,000 if those officers enforced federal gun laws perceived as conflicting with Second Amendment Rights.

The Justice Department had filed suit a year ago saying the law violates the supremacy clause of the U. S. Constitution. That’s the one that says states cannot override federal statutes. The SAPA is only the latest incident in which the Missouri legislature has said it can pick and choose what parts of the Constitution are valid in this state.

A special agent in the Alcohol, Tobacco, Firearms and Explosives field office in Kansas City reported soon after the law went into effect that 12 of 53 local officers that had worked jointly with ATF had withdrawn their cooperation. He also reported that restrictions on federal access to state investigative resources had been put in place.

Judge Wimes agreed with some critics in 2021 who argued the law was an open effort to circumvent the federal government’s right to enforce federal laws. His 24-page ruling has ordered local and state law enforcement officers to “lawfully participate in joint federal task forces” and to share information with federal agents without being afraid of being sued.

Our new Attorney General, Andrew Bailey, says the state expects better luck on appeal.

And then he trotted out the old bromide, “The Second Amendment is what makes the rest of the amendments possible.”

One would think that someone who is an Attorney General would have a greater appreciation of the law and the courts and a better understanding of the fallacy of the bumper-sticker shorthand that he has cited.  He might think it sounds good to the Right Wing, but it actually sounds horribly Leftist.

Making a bumper stick out of this issue and ignoring its origin is misleading and potentially dangerous even if it is effective in cultivating a needed political base in the year before an election campaign.

Let’s look at the origin of the philosophy that guns, not courts, are the greatest defenses of all of our rights. A popular military leader many years ago put it clearly and then added important contextual details:

All things grow out of the barrel of a gun. According to the Marxist theory, the army is the chief component of state power. Whoever wants to seize and retain state power must have a strong army. Some people ridicule us as advocates of the “omnipotence of war”. Yes, we are advocates of the omnipotence of revolutionary war; that is good, not bad, it is Marxist. The guns of the Russian Communist Party created socialism. We shall create a democratic republic… Experience in the class struggle in the era of imperialism teaches us that it is only by the power of the gun that the working class and the laboring masses can defeat the armed bourgeoisie and landlords; in this sense we may say that only with guns can the whole world be transformed. We are advocates of the abolition of war, we do not want war; but war can only be abolished through war, and in order to get rid of the gun it is necessary to take up the gun.

Chairman Mao, in his Selected Works, V2, pp 224-225, suggesting that all other rights are achieved by those who have the unchallenged right to have guns.

An Army is needed to protect the nation’s rights from external attack.  But the courts are the preferred process for maintaining civil order internally.  The day that a domestic Army is in charge of protecting our rights is not something we should ever wish for.

Whether in the Declaration of Independence, the Gettysburg Address, or hundreds of documents before, during, and since those times, it has been repeated that government in this country derives from the people not from the barrel of the gun.

It is long past time to leave the simplistic bumper sticker politics on the back bumper where they belong and instead to have an intelligent discussion on the law rather than a brief and erroneous reiteration of a despot’s musing on a democracy that he never delivered to his nation.

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The VLT Problem

One of the biggest hurdles that casino gambling has not been able to clear in Missouri as it tries to legitimize sports wagering is the VLT.

That’s not a sandwich. It’s one of those gambling machines that are proliferating throughout the convenience stores of Missouri.  Video Lottery Terminals. Are they slot machines or something else. Are they legal or illegal? Is there an age limit for using them?  Should they be hidden from general public view or should they be right next to the door, on the aisles next to the snacks.

Is Missouri starting to look like Las Vegas, at least in our convenience stores?

Your correspondent likes to say that he has been to Las Vegas about twenty times, which is about 19½ times more than he ever wanted to go.  If the gambling industry could figure out how to put slot machines on those accordion-like jetways between the terminal and the front hatch of the plane, they would.  But you can hear the slot machines in the gate areas almost as soon as ou get off the plane.

Several people have opined they will not buy gas at a convenience store that has these infernal machines.

The casino industry trying to get sports wagering approved by the legislature has found itself in the clutches of the video lottery terminal people. And vice-versa. A sports wagering bill hits the floor for debate and somebody tries to amend a VLT-licensing bill onto it.  It’s especially frustrating to the sports wagering folks in the Senate where an attempt to attach a VLT bill to a sports wagering bill can generate a filibuster at the drop of a chip—by a VLT Senator who wants it to be added or a sports wagering Senator who doesn’t want it be adopted.

Now there’s another question fogging the discussion.  Should the legislature be discussing legalizing VLTs while a class action lawsuit accuses the company that supplies many of those machines with violations of state consumer protection and federal racketeering laws (the federal Racketeer Influenced and Corrupt Organizations, or RICO, Act).

Our former colleague in the press corps, Rudi Keller of Missouri Independent, reports the federal court lawsuit accuses Torch Electronics of putting hundreds of machines—the lawsuit says they’re illegal gambling devices—in locations all over the state. Critics of VLTs also say there are no protections that will keep children from using the machines, and to rid Missouri of machines that the suit says entice people who already have gambling problems to play them.

Torch, in previous criminal and civil cases has claimed the machines don’t violate state gambling laws.  And it claims they’re not gambling machines because players are offered a chance to know the outcome before they put in their money.

If you want to know the difference between slot machines and VLTs (the casino people say they’re the same animal but dressed differently. The VLT people say they’re  more like lottery machines), you might to go to VLTs vs Slots (The Different between VLT and Slot Machine 2023) (slotsguy.com)

The casino industry sees them as competition for their slot machines, particularly because these machines are anywhere in the state and the casinos are restricted to just 13 locations on our two great rivers.

The casinos are under the Missouri Gaming Commission. The VLTs would be regulated by these state lottery.

We’ve already seen an early dustup on this issue in the Senate where Senator Denny Hoskins of Warrensburg, a longtime supporter of VLTs, saw his bill combining both issues killed in committee while a stand-alone sports wagering bill was voted out for debate. He locked down the senate for a couple of hours a week before spring break and he had friends helping him.

While that fight will continue at the capitol, another fight is shaping up in the courts.

Rudi recalls that Torch put its first machines in Missouri five years ago. Complaints led the Highway Patrol to investigate them and recommend to prosecutors about 200 cases complaining the VLTs violate state gaming laws.

But only one prosecutor has gone after VLTs.  Machines in a convenience store in Platte County were destroyed after a judge found they violated the law. Other prosecutors seem to think they have bigger fish to fry than prosecuting people who run convenience stores with these machines in them.

One interesting issue in the class action lawsuit claims that Torch and a co-defendant, Warrenton Oil have combined to make more than $955 thousand in political donations in the last five years.  We haven’t checked to see how much the casinos have made in political donations but they do stand to make hundreds of millions of dollars in sports wagering and they have invested a lot of time and manpower in the effort for about six years.

But so far all of the various pressure campaigns and campaign finance issues, neither sports wagering nor legal VLTs has passed the legislature.

The legislature returns from its spring break in a few days. The sports wagering legislation is waiting for debate in both the House and the Senate.  The discussions are likely to be lengthy, even in the House where there are rules against interminable talking by members.  But in the Senate there are no debate limits.

Another factor enters in.  Last year, the six major sports teams in Missouri started making noises about a petition campaign to put sports wagering on a 2024 ballot if the legislature did not enact it.  That has raised the stakes on the issue in the legislature this year.

Officials with the sports teams have testified this year that they are “agnostic” about VLTs, an indication the devices won’t be part of a ballot issue as far as they’re concerned.

The last time we ran some traps at the capitol, the sentiment was that sports wagering might not make it to the governor for his signature this year, again. But nothing is dead until the gavel drops at 6 p.m. May 12.

Wanna bet how this mess turns out?

 

Just About When You Think You’ve Heard It All—

You know for sure you never will.

The St. Louis County Council got into a recent snit because some members wanted to go behind closed doors to discuss, brace yourself:

Missouri’s open meetings law.

The agenda also included rules for public comment at council meetings and learning more about the Sunshine Law itself.

Things bogged down when Council Chairwoman Shalonda Webb began to read from a handbook on the Sunshine Law published by the Attorney General’s office.  One council member accused her of filibustering.  Eventually enough council members walked out that there was no longer a quorum and the meeting could not continue.

The meeting represents the eternal conflict between a government of the people and a government in spite of the people.

Government, even in this great land of so many kinds of freedom, thinks it can operate best away from public view or later public scrutiny.  That’s speaking generally, of course.  But since Missouri’s Sunshine law was engaged fifty years ago, various individuals and groups have tried to carve out secrecy gaps for themselves.

Our campaign finance laws, for example, let us learn far less than an informed citizenry would find helpful in understanding who is buying what, or trying to buy what in our statutes and our bureaucracy.

Five years ago, voters changed the Missouri Constitution to require greater obedience of our sunshine law by the legislature.  But now the people you and I elected to represent our interest are pushing a bill that closes more records that reveal how our laws are shaped.

Bureau Chief Jason Hancock of Missouri Independent, a respected colleague in our active reporting days, whose agency is an important addition to a capitol press corps that has been greatly diminished in recent years, summed up Senator Andrew Koenig’s bill a few days ago: “Any record of a state lawmaker or their staff pertaining to ‘legislation or the legislative process’ would be closed off to public scrutiny, except for those offered during a public meeting or involving a lobbyist…The bill also closes records held by the government pertaining to a constituent, though lobbyists wouldn’t be covered under this provision. Koenig deended the proposal at a legislative hearing…arguing that sometimes lawmakers “need to be able to think out loud with your staff and before you get a finished product.” But to government transparency advocates, the push represents lawmakers trying to carve themselves out of a constitutional mandate imposed on them by the voters of Missouri.”

The concept of having secret time so candid policy discussions can be held is a constant excuse for closing doors. The idea is understandable on matters of national security.  But it is garbage most of the time.

Jason also quoted Litigation Director David Roland of the Freedom Center of Missouri, who said, ““The legislature really doesn’t like the fact that the people amended the Constitution to say that they had to provide a greater level of transparency than a lot of these legislators are comfortable with. But that’s what the people decided. And now legislators are trying to insulate themselves from oversight by the public.”

Some in government argue that extensive demands for records or copies of records that are supposed to be public constitute “abuse.”

Does anybody else think it is absurd that a citizen has a right to get supposedly public records without being hassled or without having to get a second mortgage to pay for cophing or—as has been proposed—the time spent REDACTING INFORMATION THE CITIZEN CAN’T KNOW?

Who’s the abuser here?

It is a mistake to think that the only people who care about this issue are members of the press. Yes, open meetings and open records laws are important for those who believe they work as trusees for the public. But “the public” needs to understand that there are all kinds of records about it and the public has a right to see those records.

That right is enshrined in one of the sacred documents of our nation—“Governments are instituted among Men, deriving their just powers from the consent of the governed.”

“The governed” should be wary of lawmakers who decide the people do not need to know or are incapable of understanding how their government is run or who really runs some of it.

Too many of those we entrust to govern us do not trust us to know what they do.

By, for, and of the people?

Let’s not kid ourselves to often.