Archive for the 'The Law' Category

To Protect and Swerve

Wednesday, May 7th, 2008 by Loki
Via NOLA.com:
A New Orleans police officer has been suspended from duty after being booked with DWI following a May 1 collision with a Causeway Police car on the Lake Pontchartrain Causeway. Officer Roy Caballero, 28, was driving his personal vehicle north on the bridge about five miles from the Metairie shoreline around 3 a.m. when his pickup swerved from the right lane into the left lane and into the Causeway cruiser’s path, said State Trooper Joseph Piglia. State Police Troop B is handling the accident investigation.
Do I really need to say anything?

Loki, HumidCity Founder

Crime, Fear, and Orwell

Wednesday, May 7th, 2008 by Loki

Violence. It surrounds us these days more than ever. From the vicious slayings of the city streets to the consistent array of rapes and hazings at Tulane University we are suffering a deluge of it. Both the city and the University desperately need enforcement. This is an issue with pre storm roots.

Along with the violence comes the pungent aroma of fear. I know I am subject to it.

City streets seem darker and more threatening than ever and small movements caught in the eye’s corner make you jump almost out of your skin. Everyone has those moments whether they admit it out loud or not. Its part of life in the city, especially these days.

So how far do we allow fear to propel us? Where do we find the line between making ourselves safe from extraordinary circumstances and sacrificing our liberty for perceived safety? Ben Franklin once said that those who abandon liberty for safety deserve neither. But how to stay firm in that resolve when you have a family?

Citizens for 1 Greater New Orleans and the Holy Cross Neighborhood Association want us to sign their petition to keep the National Guard in NOLA. With my office located in the Bywater and a lovely wife at home Uptown I find myself supporting that aim. At the same time I cringe at the thought of endorsing the concept of armed troops on American soil, especially ours.

In the French Quarter a new initiative has begun - cameras in every window. QuarterSafe is something I only just discovered when they sent me an email about an hour ago. Its a movement to have people hook up cameras to their computers watching the streets of the Vieux Carre. “Orwellian,” was my first thought. “Could it work?” was my second. After reading in the Times-Picayune that violent crime is up 20% and rape is up 85% I find I am not not as secure in my ideals as I would like to be. Perhaps the 20+ funerals I have been party to since the levee failure has something to do with it as well.

I am merely ruminating here. I have no magic solution, no wave of a Harry Potter wand to dispel the complexity of what faces us. I just know this:

I must not fear.
Fear is the mind-killer.
Fear is the little-death that brings total obliteration.
We must face our fears and determine our proper course. In the final analysis it is a dialectic between each individual and their own conscience.
So, how do YOU feel about the New Orleans Brand ™?
Loki, HumidCity Founder
[EDIT: And then Karen G. points me at this as a coda.]

Justice on Crack: The Janitor and the Second Line

Tuesday, May 6th, 2008 by Loki
Lets start with a recap:
A former janitor for the city of New Orleans was first arrested Oct. 9, 2006, just three days after a small fortune in cocaine, cash and ammunition — all evidence collected for criminal cases pending trial — was found missing from Orleans Parish Civil District Court.

The burglary victim was the Orleans Parish district attorney’s office, which houses its juvenile division at the Loyola Avenue courthouse.

Craig Alton “Poncho” Thompson, 43, confessed to everything: the burglary, the rifling through evidence packets and the theft of cash, weapons, drugs and critical documents related to pending cases.
Of course this was during the reign of that racist incompetent Eddie Jordan. That never bodes well in a story about crime. So here we are, 18 months later, and Jordan’s successor is finally doing something. A handoff.
Eighteen months after Thompson owned up to the burglary and led police to his FEMA trailer Uptown — where evidence, including drugs, was recovered — the DA’s office moved on the case by punting it to the attorney general on April 8. Within 16 days, assistant attorney general’s office secured an indictment from a grand jury and ensured that an arrest warrant was issued, once again, for Thompson, who had been at large since October 2006.
Oh goody! So he has been out wandering the streets along with all the 701 releases. At least he’s not a killer (I hope).

There are two major concerns that are tearing away at the fabric of our society right now: lack of enforcement and lack of justice. When the police are doing their jobs (instead of breaking up Second Lines) the DA’s office drops the ball. Who the hell are these people, The Saints? All too often the arrests and “enforcement” seem to be limited. Social Aid and Pleasure Clubs, Second Line Funerals, and Mardi Gras Indians on Super Sunday getting harassed while the janitor helps himself to some complimentary cocaine?

-Loki, Founder HumidCity

George Bush, Making Our Lives Easier Again

Sunday, April 20th, 2008 by Loki

I am firm in my opinion that George W. Bush is the worst President we have ever had. As a New Orleanian I remember too many events like his big speech on Jackson Square, lit by the only lights in the city, brought in just to illuminate his words. Lights that were taken down and shipped off immediately leaving only crocodile tears and empty promises, like Mardi Gras garbage in their wake.

I do not welcome him, I do not condone any of his actions, and his visits are always such a pain in the ass. Just ask our boys in Iraq.

Anyway, since he has decided to grace us with his prescence getting around town is going to suck. In order to help alleviate that here is a list of the downtown traffic headaches so you can try to avoid them, enjoy!

Loki, HumidCity Founder

Q:What does George W. Bush think of Rowe v. Wade?

A: He doesn’t care how people get out of New Orleans.

On Sunday, April 20, 2008, from 2:00 pm, until Tuesday, April 22, 2008, at 3:00pm, the following streets will be closed to both vehicular and pedestrian traffic. Additionally, no parking will be allowed during this time frame.

(more…)

Vitter and His Wandering Organ, Nothing Quite Like Family Values

Wednesday, April 2nd, 2008 by Loki
Once again Ernie The Attorney has brought us a real gem, especially if you follow the never ending sexual hijinx of the political class.
[…] a letter of support that David Vitter wrote along with 13 other Republican senators. The letter stressed the importance of a $50 million dollar grant for ‘abstinence education’ for adolescents. Vitter was the first person to sign the letter. Nineteen days later he admitted that he had hired hookers while he was a senator. What a guy!
Go take a look at the pompous, sanctimonious hypocrisy on display! One click away from a scan of the letter, go grab one and share it with your friends! At least Spitzer had the sense to resign. I will always be sorry his wife did not follow through on her Lorena Bobbit threat of a few months back, I think more politicians in this town should get up close and personal with New Orleans health care.

Morgus? Morgus!!

Saturday, March 1st, 2008 by Loki

DSC_0156

(Discosure: It may be due to the orbital mind control lasers, but I have recently taken on the duties of spearheading the COGs new effort to take over the Internet. Just like Filbert I am unpaid and do so simply to avoid the wrath of Pinkerton. -Loki)

A few days ago I promised to share the story of my fateful misadventures at the Consortium of Genius‘ Secret Lab. Well, it has taken that long for me to recover from the experiments of those mad scientists. So now I can tell you of the secret war going on behind the scenes here in New Orleans, the battle of super science that is about to come to a head. The two most dangerous mad scientist in our city’s history are about to go toe to toe! In one corner we have a man who has pushed the boundaries of science for 49 years from his lab in the Old Icehouse. . I am speaking of none other than Momus Alexander Morgus himself! Squaring off against him is none other than Dr. Milo Thaddeus Pinkerton III, founder and leader of the COG!


morgus
Anyway, I was minding my own business walking through the Tuoro Bouligny when a flying car set down next to me and two figures leaped out. The next thing I knew I was being dragged into the vehicle by one other than Dr. A. Rachind and Dr. Z. These two enemies of everything took me back to the Secret Lab and forced me to undergo experiments so gruesome that I cannot even now bring myself to describe it. So there I was surrounded by some of the most feared (mostly for their unpredictable malfunctions) items of super-science in the city limits when Pinkerton got distracted.

It was a video call from Morgus himself. I’ve been able to hack a video of it here. While Pinkerton stepped over a line few New Orleanians ever have, I slipped my bonds and escaped. I still cannot believe he had the audacity to shout at Morgus! Sneaking past the others was easy as Dr. A. Rachnid was concentrating on peering through the keyhole of a door that said “The Harem of Dr. Z.” on it.

Volunteers in the HumidCity underground tell me that things will be coming to a head on March the seventh (next Saturday night) at One Eyed Jacks. If our operatives are correct we will see COG vs. not only Morgus the Magnificent, but also vs. Rock City Morgue!

[This is the first time in a long time Sid Noel has put on the Morgus persona, he is almost 80 years old now. I hope this is not his final appearance in character. If it does turn out to be, then it is a truly fitting one. Wait until you see the episode. It not only showcases two of my personal favorite local bands, but it also give a great tour of some classic NOLA locales in the process. 10 point to anyone who can identify which local band the guy in the comic book shop sequence plays for (the one on the stool who doesn’t look up)! Good stuff and highly worth it just to see the episode on the big screen. I also gather that it is an EP release for Rock City Morgue. How can you not attend?]

Loki, Founder, HumidCity

Photos courtesy of The Official Morgus the Magnificent Website and ddagradi on Flickr

Not A Criminal

Friday, February 29th, 2008 by Loki

Just an Artist

(Syndicated from the original posting on Flickr by “Rex” Dingler of NOLARising)

What’s all this hubbub there, mac? You say some graffiti non-artist has a beef with ReX, creator of NoLa Rising? Why would some guy have a problem with messages of hope. Let’s see what the verbiage is here…

Highlights from recent articles in New Orleans City Business:

“Fred Radtke is the Gray Ghost, the self-appointed scourge of the New Orleans graffiti scene.” -City Business {self-appointed scourge…ouch}

And he applies this theory to graffiti with a missionary zeal. To Radtke, graffiti is not just an eyesore, it is a personal offense to himself and the community. He accuses taggers of being anarchists, agitators and members of the church of Satan. {a zealot…wow, much like the people we are fighting in Iraq and Afghanistan who don’t know when to surrender…and WAIT, anarchists, agitators and members of the church of satan??? Are you kidding me? Just because I left the Republican party after fourteen years doesn’t mean I’m an anarchist. And I reckon that Christian fraternity I’m a part of it part of me being a phony (see below). Laughable and sad}

Radtke didn’t deny his war against Dingler is personal and said he will use all of his energy and resources to financially cripple him. He accuses Dingler of being in league with the graffiti artists, saying Dingler intentionally provoked him by hanging signs calling him the “Gray Gangster”. {Admitted to using the police in a personal vendetta…Wants to financially cripple an artist that is already broke (HA!)…Accuses me of violating my right to free association though he doesn’t know who I hang out with because he’s never met me}

“When I asked Officer Joia if he was going to file the same charges against Fred under the graffiti statutes, he said he was unaware of what I was talking about,” Dingler said. “Hereâs a guy who is destroying city property, who has become what he said he is fighting against. And yet I’m the one facing all these charges? It’s selective enforcement of the law.” {ABOVE THE LAW? Ask why?}

Radtke dismissed Dingler’s accusations, called him a “loser,” a “phony” and the “biggest pain in the ass I ever met.” {I’ll take loser, phony, and the biggest pain in the ass from this man(?)…but he’s never met me so how would he know}

He said Dingler’s so-called “messages of hope” are “vertical trash” that promote other forms of vandalism. {So very different than the business signs he paints over and leaves hanging}

“I had no idea who he was,” Dingler said. “I thought it was crazy. Who would paint over messages of hope?” {Ask yourself what type of person would do such a thing}

“You have to have a pretty cold heart to do something like that,” Dingler said. {I stand by that statement}

Dingler said he was charged with violations of the law after Radtke became obsessed with him and embarked on a personal vendetta. {Which has been admitted to}

And it doesn’t matter if the signs happen to be hand-painted, “pretty pictures” of rainbows with inspirational slogans. {MORE GREY is better?}

To Radtke it is all vandalism and he is going to “gray” it all out, whether anyone asks him to or not. {ABOVE THE LAW?}

Radtke said taggers he associates with Dingler have thrown acid at him, threatened him with knives and smashed his truck windows. {I associate with no such people}

Dingler points to an online photograph of a bloodied young graffiti artist he claims Radtke attacked. {They are all over the internet along with the story}

“He may think what he’s doing is a corrective measure but it’s unauthorized in many cases and doesn’t correct the graffiti but just camouflages it with another color of paint. That’s the same thing,” said Lary Hesdorffer, Vieux Carre Commission director. “It may be with better intent, but that doesnât make it right.” {So very plain and accurate}

“But I wouldn’t be surprised if there were some people who, if they knew of an easy path to do so, might take the steps to prosecute Mr. Radtke,” Hesdorffer said. {Start by calling the police and reporting the grey paint as a criminal act of property damage, by the City of New Orleans definitions, what he does is considered graffiti}

Robert Mendoza, New Orleans Public Works Department director, said street signs require a specific reflective surface for night viewing and by painting them gray Radtke is putting the public at risk. Mendoza said Radtke is making the graffiti problem worse by smearing gray paint over an entire sign to cover up a thin, spray-painted signature. But Radtke is unapologetic. He said if the city replaced the vandalized stop signs or coated them with a protective cover, he wouldnât paint over them. {So, it’s okay to put the public at risk if your a zealot? Or, perhaps you’d like to sell the city a very special paint coating? One that may not have worked in New Orleans East some time ago at a failed press conference that never aired?}

“But what’s the difference between someone who paints their name on a building and Radtke painting big gray boxes over the graffiti? Just because he ‘afford to get rid of it the right way that’s no excuse to do it the wrong way.” {I still stand by that statement}

Radtke said if property owners donât like what he is doing, they can pay to remove the graffiti themselves or be fined by as much as $500 under a 1998 law that punishes property owners for failure to remove graffiti 30 days after receiving a notice from the city. {His way of helping the business owners eradicate graffiti was to lobby City Hall to increase the penalties for owners who didn’t remove the graffiti…does that include grey graffiti?}

“If people did their jobs, I wouldn’t be involved,” he said. “Right now the only thing we can do to deter graffiti on signs is to cover it up with water-based gray paint.” {Nope, wrong again. Not a deterrent…more of an invitation of a fresh canvas}

But some property owners question what separates Radtke from the vandals he is fighting. {Indeed}

So, feeling harassed by a Loser and a Phony…and yet still all up in arms about someone you think so lowly of…enough to call out the police in a city where the police are already under-staffed and over-tasked? Enough to clog up the court system that has a ten percent conviction rate of murderers? Enough to drive around and collect my artwork as though you are indeed my number one fan?

I think this city has more important problems to be dealing with than the likes of what this one man has decided he can personally use in his vendetta against me because I was willing to put my name on the line to call him out from the shadows and help those in the press question his true motives.

Sure, I’m taking some hits on this one, but the greater hits come at your civil liberties. The battle is bigger than me. New Orleans is a town that has long since used posting flyers as a means of letting people know what is going on. If Fred RAdTke succeeds, every business that posts flyers will then also be opened up to the same kind of harassment that I am suffering from this one man vigilante.

So, keep the peace, fight the good fight and keep on helping NoLA RISE, for we’re in this rebuilding of the city together.

FOR MORE INFO ON THE ARTICLE WRITTEN BY RICH WEBSTER OF CITY BUSINESS:

www.neworleanscitybusiness.com/viewFeature.cfm?recID=967

&

www.neworleanscitybusiness.com/viewStory.cfm?recID=25644

-”Rex” Dingler (via Flickr)

How many ways can a city violate its own laws?

Thursday, January 31st, 2008 by Loki

The latest in the ongoing letters of Matt McBride, syndicated from the email.

Dear New Orleanians,

How many ways can a city violate its own laws? A small committee inside New Orleans’ city government appears to be trying to answer that question.

First some fundamentals. The Housing Conservation District Review Committee (HCDRC) is the body charged with reviewing demolition applications in historic neighborhoods outside the city’s local historic districts. That geographic area - called the Housing Conservation District - is roughly south of I-610 on the east bank and also includes a small area near Algiers Point on the west bank.

The agenda for the HCDRC’s bi-weekly meetings is compiled by the city’s Safety & Permits department, which accepts demolition permit applications. Safety & Permits also chairs the committee, which is made up of mostly mid-level city bureaucrats and has no staff. The Committee meets in the offices of Safety & Permits. In effect, the committee is a wing of Safety & Permits, and has historically done that agency’s will, which is tilted toward approval of demolition permits.

One can find the laws governing HCDRC’s operation online at municode.com (http://www.municode.com/Resources/gateway.asp?pid=10040&sid=18). They are in sections 26-3 through 26-10. Those laws are not particularly long or complicated; they take up less than four pages. Yet the committee and Safety & Permits have somehow managed to display a stunning degree of ignorance of those rules (twice in the last two months it has been citizens informing city employees of the applicable laws), except where it was more advantageous to exploit them. In fact, it is difficult to find a law relating to HCDRC not ignored or exploited by Safety & Permits or the Committee over the past two years.

1) Review “all” properties

Let’s start with the most basic rule: all properties within the Conservation District are to be reviewed by the Committee. There are a few notable exceptions (more about them later), but generally “all” means “all.” Instead, as I have written before, over 900 HCDRC-eligible properties were just not included on HCDRC agendas since the storm. In the vast majority of cases, they were simply excluded for no other reason than to avoid review.

This pattern started with the third demolition application after Katrina and it continues to this day. Since I and other citizens first put the Committee and Safety & Permits on notice that we were aware of this avoidance in late November, 2007, over a dozen more properties have avoided review and have gotten demolition permits through this method.

2) The 70% loophole

One of the exceptions to review of all HCDRC-eligible properties was passed in April of 2006. It exempted properties with flood damage estimates greater than 70% from HCDRC consideration for demolition. Safety & Permits, the gatekeeper for both demolition applications and damage estimates, appears to have driven a truckload of demolitions through this loophole. Over 350 properties had their estimates revised above 70%, and then received demolition permits without HCDRC review.

But for a few scattered exceptions, nearly every property that had its estimate raised in this fashion was HCDRC-eligible. That is, this was not a citywide phenomenon of hundreds of property owners with derelict houses coming into City Hall independently of each other, looking to demolish. Instead, the pattern was confined almost entirely to the Housing Conservation District. I believe this was Safety & Permits operating under pressure from the Federal government to make maximum use of available demolition funds within tight time constraints, and finding any excuse to spend those funds, lest they appear foolish in front of Washington.

This problem, like the non-review of eligible properties, also continues. Since late November, over two dozen properties have avoided review by virtue of damage assessments getting increased above 70%.

3) But, some 70% properties should still get reviewed…

There was a codicil to that 70% exception passed in May of 2006. It stated that properties to be demolished within National Register Districts (which overlap the Housing Conservation District) were to be reviewed by the staff of the city’s Historic District Landmarks Commission (HDLC) if their estimate was greater than 70%. This particular provision is called “section 26-10″ in the city code.

As I wrote earlier, the staff at Safety & Permits admitted - in print - that they never read that provision of the law. On December 13, 2007, Ed Horan, a Safety & Permits staffer responsible for review of demolition permit applications, wrote in an email to one of my colleagues, Meg Lousteau:

“Meg,

“Yesterday was the first time I have ever read Section 26-10 of the City Code…I have already alerted both Mr Centineo [head of Safety & Permits] and Mr Perkins [head of the HDLC] of my ignorance of 26-10 and can assure you and them that all future demolition applications will follow the procedure outlined therein.

“This morning I will inform the permit analysts of the misunderstanding and of new process as required by law.

At least 130 demolitions were affected by this admitted ignorance (they were never passed along to HDLC for review) - a blatant due process violation which remains unaddressed.

4) Inadequate notice

The notice provisions of the HCDRC laws call for publication of the Committee’s agenda in the newspaper. There are no provisions for adding properties to the agenda after publication. Yet there have been many instances of properties getting added on the day of the meeting.

At the November 26, 2007 HCDRC meeting, members of the City Attorney’s staff insisted on adding 19 properties to the agenda at the end of the meeting (after most members of the public had left), with no notice whatsoever. The Committee, instead of viewing this as against procedure and regulation, proceeded to vote on acceptance of the demolition applications, allowing 14 to proceed. In fact, they approved demolition of a property they had denied just two months earlier. That was also illegal. The city code says that properties cannot be demolished for one year after denial by the HCDRC (pending a City Council appeal, which did not happen in this case).

This was not the first time un-noticed properties had been added to the HCDRC agenda and then voted upon. It happened on July 9, 2007, when 23 properties came before the committee without public notice. All were brought by the city, not individuals. All but three were either approved or withdrawn because they had already been demolished. Those other three were deferred for future consideration, but were never considered again. Yet all three still received active demolition permits later in the summer (oddly on August 28 and 29, right before FEMA was due to stop paying for the Corps of Engineers to demolish houses).

I have found at least four other meetings just in 2007 where this happened.

5) No redevelopment plans submitted

One would think the city would have a vested interest in avoiding the jack-o-lantern effect of empty lots pockmarking historic neighborhoods. Instead, they actively encourage it.

One of the criteria for the HCDRC to evaluate demolitions is “the proposed plan for redevelopment.” Another is the “proposed length of time the subject site is anticipated to remain undeveloped.” Yet property demolitions are routinely approved without either of these pieces of information.

The November 12, 2007 meeting is a typical example. 13 properties were on the agenda that day. A 14th was added at the meeting, without prior notice. 9 of those structures had no redevelopment plans. All but one of those nine had their demolitions approved, and the ninth wasn’t approved because the wrong address had been placed on the agenda (also a common occurrence).

Nearly the same thing happened at the October 8, 2007 meeting: 6 properties were on the agenda, none with redevelopment plans. All but one were approved, with the sixth application withdrawn by the applicant.

Here’s one more example: on July 23, 2007, there were 32 properties on the HCDRC agenda. Not one had a redevelopment plan. Many (including over a dozen in the neighborhood of Xavier University) were planned to become vacant lots. Not a single property was denied a demolition permit that day.

The default position for the HCDRC is to approve demolitions, no matter whether they meet the criteria for evaluation or not.

6) Violation of the “30 day” rule

Another rule in the city code stipulates that the HCDRC must accept or deny a demolition application within 30 days of its submittal to Safety & Permits. If a decision is not reached within 30 days, the application is denied. The applicant may then appeal the decision to the City Council for a final ruling. This rule has been in existence since 2000.

Over the years, however, the HCDRC has seen fit to grant deferrals for properties. Sometimes, properties are deferred for months at a time. In some cases, this is done to allow neighborhoods and developers time to meet and discuss plans for a site. In other cases, owners don’t show up, or the committee sent notice to the wrong address, or some other reason. No matter the reason, deferrals to a time greater than 30 days after permit acceptance are not legal under the current law.

Some properties have been deferred for over 100 days, spanning half a dozen HCDRC meetings. Such delays are not unusual. Since Katrina, the HCDRC has reached decisions on over 190 properties after 30 days had passed after their applications were submitted. Over 170 of those were approvals. Under the 30 day rule, all should have been denied, with appeals going to the City Council.

Until January 28, 2008, the 30 day rule had never been enforced. At the HCDRC meeting that day, it was pointed out to the Committee (by citizens in the audience) that continual deferrals of properties, sometimes for months at a time, are illegal.

At first, members of the Committee - even when confronted with the actual printed verbiage from the city code - denied its applicability. It took assent from a representative of the City Attorney’s office (the City Attorney has been attending HCDRC meetings recently, as the circus nature of the proceedings has been publicized in the newspaper) to persuade the bureaucrats on the Committee that they were indeed violating the law.

When they finally saw the light, the Committee members immediately denied permits for all properties which violated the 30 day rule, some of which did so because the committee had granted deferrals. Or at least, they tried to do so. There were at least two properties which violated the 30 day rule, but which still got their demolitions approved.

Conclusion: Total reform is needed.

At its most fundamental level, the HCDRC should be following the criteria laid out in city law for demolitions. It should also be following the laws on proper notice, expediency of decision, and review of all properties. Instead, none of these things are happening.

The city has shown itself as a repeat offender in violation of its own laws. The best solution at this point is complete reform of HCDRC. Fortunately, there is pending legislation before the New Orleans city council to do just that. In addition, a recently signed consent decree provides punishment if the city does not shape up. Things are moving forward to bring accountability and sanity to a process that so far has been opaque and insane.

Matt

Officer Cotton

Tuesday, January 29th, 2008 by Loki

If you’re not from here Google “Officer Cotton New Orleans murder”

If you’re from New Orleans or live in New Orleans then this says it all.

Hand seems to be getting stiffer, doctor Thursday. I’ll know how long I have to go easy on it then. I now return you to the other members of the team

-Loki

NOPD Backs Fred Radtke in Vendetta on Local Artist

Tuesday, January 22nd, 2008 by Lord David

I’m sure that most, if not all of you, know the horror of Fred Radtke, the Grey Ghost. Many have tried to stop his vigilante tactics to no avail.

Now the NOPD has actually backed him in a vendetta against a local artist, who has been hanging removable messages of hope throughout the city, in hopes of inspiring those who choose to stay and rebuild. They flatly refuse to prosecute Radtke, even when he defaces private property.

Please read Richard A. Webster’s article on this.

CLICK HERE

These two short paragraphs are particularly disturbing;

“Robert Mendoza, director of the New Orleans Public Works Department, said Radtke is breaking the law every time he paints over graffiti on public street signs. But Mendoza will do nothing to prosecute the violations, he said, because his office lacks the resources and time to conduct an investigation.The New Orleans Police Department, however, condones Radtkeâs actions. NOPD often calls him directly to cover graffiti and spokesman Sgt. Joe Narcisse said they have no intention of charging Radtke with any crimes. “

Please repost this article, make a note of the names of Robert Mendoza at New Orleans Public Works, and Sgt. Joe Narcisse of the NOPD. Call these people repeatedly.

Call your congresman, your City Counsel Representative, and ask why a man City Hall says is a criminal is being supported by the NOPD. Ask why an artist, whose work is totally removable and loved by the locals is facing $50,000 worth of fines, and a man who defaces private property, sometimes violently, is above the law.

It’s a new year and a new broom. Pull together and stop this selective enforcement of rights and laws. We are not serfs on some distant Noble’s land. We are the citizens of the City of New Orleans, and these people are elected and paid by US.

If one man is above the law, the rest are beneath boot heels. Stand up for your rights, New Orleans. Haven’t we had enough?

Lord David

Skull Club

New Orleans

Infohazard: Terrorism, Housing, and Social Unrest in the Humid City

Tuesday, December 11th, 2007 by Loki

Burning Condos Close Up
The above flyer has been posted all around downtown, from the encampments of homeless across the street from City Hall to trashcans on Poydras Street.

Dangerblond thinks those responsible should be sent to Gitmo.

Laureen at NOLA Metroblogging fills us in with a well researched post giving tons of background on the situation. She also is the first I’ve found that has picked up on the fact that crime stats have not been significantly impacted by the closure of the projects.

Michael Homan’s position mirros my own. As he eloquently puts it:
I have no doubts that the powers that be are using Katrina to do away with the large public housing projects. Many of these units never flooded and they could have reopened in October of 2005. But how do I feel about large concentrations of poverty in the projects versus mixed-income neighborhoods with subsidized rents spread throughout? I don’t really know. I do know that poor people need a place to live in New Orleans, and the increased rents have kept many from returning.
Ray In New Orleans has posted his open letter to the powers that be.

Two pictures of the flyer on Flickr have developed extensive discussions in their comments here and here. (And at least one of the photos have been filtered so that you have to agree to view objectionable content before actually seeing it.)

But the real venom comes out when you read the comments on the NOLA.com article. This is where you can see the soul sickness that has gripped our city. This is where under the veil of anonymity, the racists and the classists on both sides of the ideological divide come out in force hurling epithets thick and fast.

Last comes one from the national arena. You see, while I will not commit to support of any candidate for the Oval Office as yet, I will give John Edwards some points. He is to be congratulated for being savvy enough to actually try to use the internet effectively as outreach. The upside of this has been steady communication with his blogmaster. She was kind enough to forward this my way just as I began typing this up. So here you have it, John Edwards take on the demolition situation, straight from Chapel Hill, NC:
EDWARDS STATEMENT ON HUD PLAN TO BEGIN DEMOLISHING PUBLIC HOUSING IN NEW ORLEANS THIS WEEK

Chapel Hill, North Carolina — Senator John Edwards today called on HUD to reverse its plan to begin demolishing public housing in New Orleans this week and urged the New Orleans City Council to stand strong in defending housing for city residents. Edwards said in a statement:”There is a housing crisis in New Orleans today — the result of government policies that have failed the people of the Gulf since Hurricanes Katrina, Rita and Wilma. Rents have doubled, families are being evicted from FEMA trailers and now the current administration is now trying to make a bad situation worse.

“I am calling on HUD to postpone its plans to destroy affordable public housing until replacement housing is ready. Knocking down historic and livable housing today that withstood the winds of Katrina with the bulldozers of Bush is counterproductive to the goal of giving residents a home to which to return.

Decentralizing poverty by encouraging new mixed-income income makes a lot of sense — I’ve proposed creating 1 million new housing vouchers to do exactly that. But eliminating housing where people could live in a city where a desperate shortage of shelter exists makes no sense at all.

“I urge the City Council to reject the demolition permits HUD needs for its plan to destroy hope for current and displaced New Orleans residents.”
Please take a moment and leave us a comment. Please let us know what your thoughts on this…..

Loki
Founder, HumidCity

Leading By Example!

Thursday, November 8th, 2007 by Loki
A veteran New Orleans Police captain was arrested late Tuesday night in Slidell and booked in a hit-and-run accident, police said.
Capt. Gary Gremillion, a member of the NOPD’s Public Integrity Bureau, was involved in the car collision around 7p.m. on Highway 11 at Edens Isle in St. Tammany Parish, said State Police Trooper Louis Calato.
Gremillion, driving a 1939 Ford four-door vehicle, rammed into the back of a 2002 Ford pickup truck driven by a 37-year-old man, police said. Gremillion had fled the scene before troopers arrived, police said.
(Emphasis mine) Way to go Capt. Gremillion! Nice to see that we are still holding those high standards! Full article here.

Eddie Jordan Resigns!

Tuesday, October 30th, 2007 by Loki
And There Was Much Rejoicing! (Yayy!!!) More to come once people get home from work and start typing. I will try to add some updates later but no promises.

Citizen Crime Watch * Pistolette * City Business

Dangerblonde * People Get Ready

Gentilly Girl * Ken Foster

Its a long fall from the lionized victor over Edwin Edwards to the most worthless DA in New Orleans history. Many of us hope he breaks something (or several somethings) at the end of it.

Now that we, the taxpayers, get to pay off the fiduciary penalties of this racist ass I have one question for our FORMER DA.

While you were depriving your department not only of its caucasians, but also of computers, voicemail, and the simple necessities of the job, how many of our children and neighbors die horribly?

Ask Pontius Pilate, blood on your hands never washes clean.

Good riddance to bad rubbish. (of course maybe it is all to get his lawsuit paid for…)

Did you attend College in La. Over the Last 15 Years? If So Read This!

Friday, October 19th, 2007 by Loki

This is horrible and should be passed on widely. Via LiveJournal New Orleans Community:

Compromise of FAFSA Data
A Boston-based company called Iron Mountain lost a significant number of Louisiana FAFSA records one month ago.

So, if you went to college in Louisiana anytime in the past 15 years, your personal data (name, SSN, etc.) may have been compromised. Mine has and I didn’t even go to college in Louisiana. You should check too, especially if you fall into any of the following groups:
  • Anyone who has a Louisiana College Savings account (START Saving Program).
  • Any resident of the state of Louisiana who has completed a Free Application for Federal Student Aid (FAFSA).
  • Anyone who has completed a FAFSA and included a Louisiana postsecondary institution as an institution to which FAFSA data should be sent.
  • Anyone who has applied for or received a Tuition Opportunity Program for Students (TOPS) Scholarship.
  • Anyone who has applied for or who has received student financial aid in the State of Louisiana.
The state has provided a tool to help you determine if your information was part of the compromise:
https://osfantweb.osfa.state.la.us/Notice.nsf/ In addition to following the instructions on the LOSFA site, everyone (even if your data wasn’t compromised) should consider signing up for a credit reporting service if you haven’t done so already. Also, make sure to sign up for one that will send you an alert within 24 hours; if we wait for a written monthly report, you won’t get the notice about the fraudulent attempt in your name until it’s too late. Here are the major offerings from each of the three credit reporting agencies:
The original post and attendent comments can be found here.

FEMA Relocation Assistance

Monday, October 15th, 2007 by Loki

Time for our resident engineer to share some news with us again. Ladies and gentlemen, humidcity is proud to once more present the epistles of Matt McBride:

Dear New Orleanians,

This afternoon, FEMA posted the press release announcing the changes in the Relocation Assistance program. You can find it here:

http://www.fema.gov/news/newsrelease.fema?id=41323

This is the program that pays up to $4000 for moves and other relocation expenses for Katrina and Rita victims who have been displaced.

When the program was first announced on August 27th, FEMA only paid for moves between February 1, 2006 and Feb. 29, 2008. The reason for this was purely bureaucratic.

After a nearly instant outcry from many individuals that FEMA was penalizing early returners, the process for revising the program guidance began. Now, the opening dates have been moved back to the dates of the storms (8/29/05 for Katrina and 9/24/05 for Rita). This means that anyone who moved back after the storms may now be eligible.

The new press release does not make mention of the fact that this is a revision of the program, probably to prevent bringing up their error. That’s okay. What’s important is they made the program fair to all.

Also not mentioned in the release are the following points:

1) Acceptance of the relocation assistance means the ending of rental assistance. I suppose this could be controversial.
2) On the hotel room reimbursements (they pay for hotel rooms during a move), if the household has more than four persons or the hotel has occupancy restrictions, they will pay for additional rooms. Also, for each additional 400 miles travelled, they will pay for another night of hotel stays.
3) It’s not clear exactly what they are referring to when they say they will reimburse for “mileage,” in addition to gas & taxes.
4) They mention the cap on Individual & Households Program assistance, but do not provide the amount. It is $26,200.

As of today, the (800) 621-FEMA hotline now has a recorded message about this program. The recording mostly covers the stuff in the press release. As always, you should call the 800 number to register for the program and to get all the official information. Ask to be transferred to a Relocation Assistance specialist. FEMA has specifically trained personnel to process this paperwork and answer aid recipients’ questions.

Matt

ADDENDUM (2 hours later):

FEMA just placed another webpage about the Relocation Assistance program up:

http://www.fema.gov/news/newsrelease.fema?id=41326

They refer to this one as a Fact Sheet. It rejiggers the information in the earlier press release to make it more readable.

Matt

Jena Six

Saturday, September 22nd, 2007 by Loki

Interesting development: David Bowie just donated 10K to the jena Six defence fund:

Bowie said Jena’s judicial process was “unequal”.
“A donation to the Jena 6 Legal Defence Fund is my small gesture indicating my belief that a wrongful charge and sentence should be prevented,” said the 60-year-old in a statement published on his website.
-Loki, who is now leaving on a much deserved vacation from NOLA, soon to return with more vim and vigor. In the meantime I leave you at the mercy of our other contributors.

FEMA: Reprise

Saturday, September 1st, 2007 by Loki

Dear New Orleanians:

This past Monday, FEMA announced a new program for those displaced by hurricanes Katrina & Rita. It is meant to provide reimbursement for relocation expenses incurred by any disaster victims. But there is a serious problem.

First, here’s the press release on the program.

and here’s the Times-Picayune’s article about it.

What the new program does is provide up to $4000 for expenses incurred in moving back to your home or somewhere else after the storms. According to the press release, here’s what’s covered:

“Relocation Assistance will be limited to travel costs including airfare, train, bus and/or a rental vehicle. Furniture transportation expenses also are eligible, including commercially rented equipment for hauling and commercially purchased moving materials or moving services. Mileage, gas and other travel-related expenses such as food, incurred while using a privately owned vehicle are not eligible costs. Moving costs for recreational or large luxury items such as boats or recreational vehicles are not eligible expenses under this program either.”

But here’s the rub: you must have incurred the costs after February 1, 2006. So if you moved back to the city before then (like I did, on January 27, 2006), or perhaps you settled somewhere else before then, you are out of luck.

This ignores the reality of what was going on then. We were being strongly encouraged to come back as soon as possible and help rebuild. Others had already made the decision to stay somewhere, and incurred expenses doing so. The folks that came back (or permanently settled elsewhere) before February 1st are being unfairly penalized for making a decision that is not in line with FEMA’s arbitrary timing.

So, you may ask, why was the arbitrary date of February 1, 2006 chosen? For purely bureacratic reasons.

Right after Katrina, FEMA had a program called the Facilitated Relocation Program. From what little I can find about it now, it’s the program that paid for one-way airplane, bus, and train tickets for evacuees to come back to the disaster zone. It didn’t pay for moving expenses or rental cars, so it’s not an exact analogue. In fact, it’s very different. But (and this is the important part) it apparently officially ended on January 31, 2006. Here’s a FEMA press release on it.

Yes the press release says it was to end December 31st, but I’ve confirmed with FEMA that it actually ended a month later.)

Despite the significant differences in the two programs, FEMA views the new one as simply a continuation of the old one. It is NOT.

You cannot compare paying for a one way bus ticket to the costs incurred in renting a moving van in Houston or Atlanta (where U-Haul and Penske were charging triple and quadruple their normal rates after the storm) and hiring movers to bring back what you salvaged from your flooded home, along with what you had acquired in the first few months after the storm (some of which, such as furniture, was funded by FEMA!).

While this January 7, 2007 article in the Times-Picayune says that even 16 months after the storm, truck rental companies were charging through the nose, I can tell you that from personal experience, it was already expensive just five months after the storm. That article also talks about what finally led to the new policy. There is no discussion of the earlier bus-ticket program, because that program had nothing to do with people renting a moving truck. How FEMA can conflate the two is beyond me.

So this policy has to be changed to move the start date back to something more common sense.

I’ve already alerted the Times-Picayune to this, and they will probably be writing something about it next week. I’ve also spoken to the bureaucrats at FEMA in Washington. At first, they claimed they couldn’t tell me why February 1, 2006 had been chosen (in fact, I had to pry even to get the name of the person to whom I was talking). They claimed it was a matter of internal policy deliberation, and that I had to submit any questions in writing to a generic email box (fema-correspondence-unit@dhs.gov).

When I asked if it was because the Facilitated Relocation Program had ended on January 31, 2006, they said that was indeed the reason. I’m pretty sure I was speaking with - if not the person who crafted the policy - at least someone who knows its history.

So please let anyone you know about this, and how ridiculously unfair it is. Every individual is entitled by law to $26,200 in individual disaster assistance from FEMA. If this latest allowed allotment does not cause you to exceed that amount, I don’t see why FEMA should arbitrarily limit it with a silly date on a calendar. Hopefully we can get this policy changed to something that recognizes the enormous struggles Katrina and Rita victims went through in the immediate aftermath of the storms.

Matt Mc Bride (via email)

Rising Tide II: Guest Post by Dangerblonde

Monday, August 13th, 2007 by Loki

The second annual Rising Tide conference will be held August 24-26, 2007, at the New Orleans Yacht Club. This is a NOLA blogger-organized and supported conference featuring speakers, panels, breakout sessions, and other dialogs on the future of the city of New Orleans.

This year’s emphasis is on ground-level, grass-roots efforts. It has become clear to those of us in south Louisiana that we will have to watch the watchmen, as well as take the upper hand is setting the city back on track. To that end, there will be presentations on local politics and how to influence them, making civics sexy, sustainability, levee engineering, and media outreach.

The keynote speaker is Dave Zirin, author of Welcome to the Terrordome, published by Haymarket Press, a columnist for SLAM Magazine, a regular contributor to the Nation Magazine, and a regular op-ed writer for the Los Angeles Times. Timothy Ruppert, president of the Louisiana Section of the American Society of Civil Engineers, will give a comprehensive report on the status of our levee protection two years after the failure of the federal levees brought catastrophe to New Orleans. Matt McBride of Fix the Pumps will present via video conference. Panelists will include community activists Karen Gadbois of Squandered Heritage, Bart Everson of b.rox, and Peter Athas of Adrastos, muckraking blogger Mark Moseley of Your Right Hand Thief, New Orleans political sage Michael Duplantier and author Joshua Clark Heart Like Water

On Friday, August 24, there will be a party at Buffa’s Lounge featuring the work of New Orleans videographers, and Sunday is reserved for a hands-on service project in aid of the NOLA school system. At the Buffa’s party, we are serving cocktail party-type food, but there will be a cash bar.The weekend’s events costs $20 per person. This includes admission to the Friday night party at Buffa’s, Saturday’s events at the New Orleans Yacht Club (including morning coffee and croissants and lunch from Dunbar’s), and participation in the Sunday service project. Please register to attend using the PayPal link on the website. If you don’t use PayPal, feel free to call or e-mail me to reserve your space at the conference and, more importantly, your lunch from Dunbar’s. We have no problem with people paying at the door, we just need to know that you are coming.

There will, f  course, be liveblogging of the event, and materials available online. If you can’t come, there is also a paypal link if you'd care to donate (this is a non-profit endeavor). Feel free to contact us through the website, or ask questions by replying to this e-mail. Rising Tide’s toll-free phone number is: 866-910-2055.

Although I am sending this e-mail to over 200 people, I’m sure I’m missing some. Please forward this to anyone you think might be interested. Unless they have a blog or have expressed interest in the past, they are probably not on my e-mail list. Also, bloggers, please spread the word on your blogs!

Shut Up, Nagin, Just Shut Up

Friday, August 10th, 2007 by Loki
Mayor Nagin on the murder rate:
âDo I worry about it? Somewhat, itâs not good for us, but it also keeps the New Orleans brand out there, and it keeps people thinking about our needs and what we need to bring this community back. So, it is kind of a two-edged swordâ
Branding??? Two-edged sword??? THESE ARE PEOPLE’S FUCKING LIVES YOU IDIOT!

Ambrose Bierce is constantly proven right by the modern world. God, please make it stop!

Midura Requests Jordan’s Resignation, Hell Yeah!

Thursday, July 12th, 2007 by Loki

I got this from mominem, not sure of the sourcing as yet, but it made me stand up and cheer!


Dear Mr. Jordan:

I am writing to you today to respectfully request that you resign from the office of Orleans Parish District Attorney.

I have no doubts about your intentions or your dedication or your character.  By all accounts you are a fine man.  But the job of District Attorney is an admittedly difficult one with heavy responsibility and requires more than most fine men are capable of.  After the events of the last 48 hours, which have eroded the publicâs confidence in your ability to carry out the responsibilities of the District Attorney, I am asking that you resign from office.  An elected officialâs legitimacy and moral authority to govern is derived from the consent of the governed.  I no longer believe you have the consent and support from the public required to perform your duties adequately.

I do not know that there is any excuse for dropping charges against a quintuple murderer without a thorough exhaustion of all possibilities to prevent such a thing from happening.  Months ago you and Superintendent Riley pledged to the City Council several reforms and improvements in your lines of communication to ensure that lack of coordination between your offices would no longer lead to dropped cases against those who pose serious threats to our public safety.  It has become all too clear that you have been unable to hold up your end of this bargain.  Mr. Jordan, you must know as well as any of your fellow New Orleanians the great urgency our city feels in combating the violent crime problem.  We have lost the room for these kinds of error.  I thank you for your service and your efforts as District Attorney, yet I maintain my request on behalf of my constituents that you resign your office as soon as possible.

Sincerely,
Shelley Midura

cc:        Mayor C. Ray Nagin

New Orleans City Council

ICF: The Lawsuit

Tuesday, June 12th, 2007 by Loki

ICF, International, the company which won the contract from the state to implement the Road Home program is being sued in the 19th Judicial District Court in Baton Rouge. The petitioners are requesting a class action. The lawsuit, which is being handled by members of the Couhig Partners lawfirm and Rob Couhig (a former member of the firm and candidate for Mayor of New Orleans in the last Mayoral election) names Don Massey as lead plaintiff. It alleges mismanagement, negligence and misrepresentation and requests injunctive relief and damages.

According to LA NewsLink:
The petition alleges that Massey has been subjected to negligence by ICF that includes lost records, repetitive assessments, delays, and obfuscations. It further alleges that ICF has engaged in a pattern of delay, bad faith, and conduct designed to impede, delay, and deny the delivery of grants to applicants.
We can only hope. This will be one of those cases which demonstrate whether there is justice in the system or if it is just us in the system.

EDIT: I had listed Adams and Reese as the representing lawfirm in the original version of this post. That was incorrect. Communication with Don Massey has revealed that the Couhig Partners firm is his actual legal representation, and I have amended the text to reflect this. I apologize for the prior error.

Enemy Combatant Ruling

Tuesday, June 12th, 2007 by Loki
“The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.” JUDGE DIANA GRIBBON MOTZ, writing for the majority in a ruling by the federal appeals court in Richmond, Va.
Now that is a refreshing breath of air. Now the question is whether it will get struck down or not.

Fascist Trends in the USA

Thursday, April 26th, 2007 by Loki

You know, as I have railed on against the blatantly unAmerican way in which the people of New Orleans have been treated since the Federal Flood many have called me a radical. My well known distaste and criticism of Bush has also been consistently dismissed by many. Every once in awhile someone will approach me and say, “you know, you were right about ____” but not enough to really make a difference.

Well, ladies and gentlemen (and everybody else), this Special Report by Naomi Wolf in the UK Guardian spells out succinctly why I have been trepidatious about the the direction our society is taking. I would like to invite your comments and hope that at least some of the people who disagree with me read it as well. One of our biggest issues today is that no one listens anymore, at least not to those who disagree with them. I submit that if you do not have regular dialogue with those who differ you doom yourself to self congratulatory mental stagnation. (You know, the dialectic: Thesis, Antithesis, Synthesis)

So, without further ado I will break one of my own rules and post this report in its entirety. Why? Because this is IMPORTANT! (hat tip to GentillyGirl) Here you go:
Last autumn, there was a military coup in Thailand. The leaders of the coup took a number of steps, rather systematically, as if they had a shopping list. In a sense, they did. Within a matter of days, democracy had been closed down: the coup leaders declared martial law, sent armed soldiers into residential areas, took over radio and TV stations, issued restrictions on the press, tightened some limits on travel, and took certain activists into custody.

They were not figuring these things out as they went along. If you look at history, you can see that there is essentially a blueprint for turning an open society into a dictatorship. That blueprint has been used again and again in more and less bloody, more and less terrifying ways. But it is always effective. It is very difficult and arduous to create and sustain a democracy - but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.

As difficult as this is to contemplate, it is clear, if you are willing to look, that each of these 10 steps has already been initiated today in the United States by the Bush administration.

Because Americans like me were born in freedom, we have a hard time even considering that it is possible for us to become as unfree - domestically - as many other nations. Because we no longer learn much about our rights or our system of government - the task of being aware of the constitution has been outsourced from citizensâ ownership to being the domain of professionals such as lawyers and professors - we scarcely recognise the checks and balances that the founders put in place, even as they are being systematically dismantled. Because we donât learn much about European history, the setting up of a department of âhomelandâ security - remember who else was keen on the word âhomelandâ - didnât raise the alarm bells it might have.

It is my argument that, beneath our very noses, George Bush and his administration are using time-tested tactics to close down an open society. It is time for us to be willing to think the unthinkable - as the author and political journalist Joe Conason, has put it, that it can happen here. And that we are further along than we realise.

Conason eloquently warned of the danger of American authoritarianism. I am arguing that we need also to look at the lessons of European and other kinds of fascism to understand the potential seriousness of the events we see unfolding in the US.

1. Invoke a terrifying internal and external enemy

After we were hit on September 11 2001, we were in a state of national shock. Less than six weeks later, on October 26 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a âwar footingâ; we were in a âglobal warâ against a âglobal caliphateâ intending to âwipe out civilisationâ. There have been other times of crisis in which the US accepted limits on civil liberties, such as during the civil war, when Lincoln declared martial law, and the second world war, when thousands of Japanese-American citizens were interned. But this situation, as Bruce Fein of the American Freedom Agenda notes, is unprecedented: all our other wars had an endpoint, so the pendulum was able to swing back toward freedom; this war is defined as open-ended in time and without national boundaries in space - the globe itself is the battlefield. âThis time,â Fein says, âthere will be no defined end.â

Creating a terrifying threat - hydra-like, secretive, evil - is an old trick. It can, like Hitlerâs invocation of a communist threat to the nationâs security, be based on actual events (one Wisconsin academic has faced calls for his dismissal because he noted, among other things, that the alleged communist arson, the Reichstag fire of February 1933, was swiftly followed in Nazi Germany by passage of the Enabling Act, which replaced constitutional law with an open-ended state of emergency). Or the terrifying threat can be based, like the National Socialist evocation of the âglobal conspiracy of world Jewryâ, on myth.

It is not that global Islamist terrorism is not a severe danger; of course it is. I am arguing rather that the language used to convey the nature of the threat is different in a country such as Spain - which has also suffered violent terrorist attacks - than it is in America. Spanish citizens know that they face a grave security threat; what we as American citizens believe is that we are potentially threatened with the end of civilisation as we know it. Of course, this makes us more willing to accept restrictions on our freedoms.

2. Create a gulag

Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal âouter spaceâ) - where torture takes place.

At first, the people who are sent there are seen by citizens as outsiders: troublemakers, spies, âenemies of the peopleâ or âcriminalsâ. Initially, citizens tend to support the secret prison system; it makes them feel safer and they do not identify with the prisoners. But soon enough, civil society leaders - opposition members, labour activists, clergy and journalists - are arrested and sent there as well.

This process took place in fascist shifts or anti-democracy crackdowns ranging from Italy and Germany in the 1920s and 1930s to the Latin American coups of the 1970s and beyond. It is standard practice for closing down an open society or crushing a pro-democracy uprising.

With its jails in Iraq and Afghanistan, and, of course, Guantánamo in Cuba, where detainees are abused, and kept indefinitely without trial and without access to the due process of the law, America certainly has its gulag now. Bush and his allies in Congress recently announced they would issue no information about the secret CIA âblack siteâ prisons throughout the world, which are used to incarcerate people who have been seized off the street.

Gulags in history tend to metastasise, becoming ever larger and more secretive, ever more deadly and formalised. We know from first-hand accounts, photographs, videos and government documents that people, innocent and guilty, have been tortured in the US-run prisons we are aware of and those we canât investigate adequately.

But Americans still assume this system and detainee abuses involve only scary brown people with whom they donât generally identify. It was brave of the conservative pundit William Safire to quote the anti-Nazi pastor Martin Niemöller, who had been seized as a political prisoner: âFirst they came for the Jews.â Most Americans donât understand yet that the destruction of the rule of law at Guantánamo set a dangerous precedent for them, too.

By the way, the establishment of military tribunals that deny prisoners due process tends to come early on in a fascist shift. Mussolini and Stalin set up such tribunals. On April 24 1934, the Nazis, too, set up the Peopleâs Court, which also bypassed the judicial system: prisoners were held indefinitely, often in isolation, and tortured, without being charged with offences, and were subjected to show trials. Eventually, the Special Courts became a parallel system that put pressure on the regular courts to abandon the rule of law in favour of Nazi ideology when making decisions.

3. Develop a thug caste

When leaders who seek what I call a âfascist shiftâ want to close down an open society, they send paramilitary groups of scary young men out to terrorise citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: you need citizens to fear thug violence and so you need thugs who are free from prosecution.

The years following 9/11 have proved a bonanza for Americaâs security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the US military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad. In Iraq, some of these contract operatives have been accused of involvement in torturing prisoners, harassing journalists and firing on Iraqi civilians. Under Order 17, issued to regulate contractors in Iraq by the one-time US administrator in Baghdad, Paul Bremer, these contractors are immune from prosecution

Yes, but that is in Iraq, you could argue; however, after Hurricane Katrina, the Department of Homeland Security hired and deployed hundreds of armed private security guards in New Orleans. The investigative journalist Jeremy Scahill interviewed one unnamed guard who reported having fired on unarmed civilians in the city. It was a natural disaster that underlay that episode - but the administrationâs endless war on terror means ongoing scope for what are in effect privately contracted armies to take on crisis and emergency management at home in US cities.

Thugs in America? Groups of angry young Republican men, dressed in identical shirts and trousers, menaced poll workers counting the votes in Florida in 2000. If you are reading history, you can imagine that there can be a need for âpublic orderâ on the next election day. Say there are protests, or a threat, on the day of an election; history would not rule out the presence of a private security firm at a polling station âto restore public orderâ.

4. Set up an internal surveillance system

In Mussoliniâs Italy, in Nazi Germany, in communist East Germany, in communist China - in every closed society - secret police spy on ordinary people and encourage neighbours to spy on neighbours. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.

In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state programme to wiretap citizensâ phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.

In closed societies, this surveillance is cast as being about ânational securityâ; the true function is to keep citizens docile and inhibit their activism and dissent.

5. Harass citizensâ groups

The fifth thing you do is related to step four - you infiltrate and harass citizensâ groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favour of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under US tax law, have been left alone.

Other harassment is more serious: the American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents: a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 âsuspicious incidentsâ. The equally secret Counterintelligence Field Activity (Cifa) agency of the Department of Defense has been gathering information about domestic organisations engaged in peaceful political activities: Cifa is supposed to track âpotential terrorist threatsâ as it watches ordinary US citizen activists. A little-noticed new law has redefined activism such as animal rights protests as âterrorismâ. So the definition of âterroristâ slowly expands to include the opposition.

6. Engage in arbitrary detention and release

This scares people. It is a kind of cat-and-mouse game. Nicholas D Kristof and Sheryl WuDunn, the investigative reporters who wrote China Wakes: the Struggle for the Soul of a Rising Power, describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a âlistâ of dissidents and opposition leaders: you are targeted in this way once you are on the list, and it is hard to get off the list.

In 2004, Americaâs Transportation Security Administration confirmed that it had a list of passengers who were targeted for security searches or worse if they tried to fly. People who have found themselves on the list? Two middle-aged women peace activists in San Francisco; liberal Senator Edward Kennedy; a member of Venezuelaâs government - after Venezuelaâs president had criticised Bush; and thousands of ordinary US citizens.

Professor Walter F Murphy is emeritus of Princeton University; he is one of the foremost constitutional scholars in the nation and author of the classic Constitutional Democracy. Murphy is also a decorated former marine, and he is not even especially politically liberal. But on March 1 this year, he was denied a boarding pass at Newark, âbecause I was on the Terrorist Watch listâ.

âHave you been in any peace marches? We ban a lot of people from flying because of that,â asked the airline employee.

âI explained,â said Murphy, âthat I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the web, highly critical of George Bush for his many violations of the constitution.â

âThatâll do it,â the man said.

Anti-war marcher? Potential terrorist. Support the constitution? Potential terrorist. History shows that the categories of âenemy of the peopleâ tend to expand ever deeper into civil life.

James Yee, a US citizen, was the Muslim chaplain at Guantánamo who was accused of mishandling classified documents. He was harassed by the US military before the charges against him were dropped. Yee has been detained and released several times. He is still of interest.

Brandon Mayfield, a US citizen and lawyer in Oregon, was mistakenly identified as a possible terrorist. His house was secretly broken into and his computer seized. Though he is innocent of the accusation against him, he is still on the list.

It is a standard practice of fascist societies that once you are on the list, you canât get off.

7. Target key individuals

Threaten civil servants, artists and academics with job loss if they donât toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chileâs Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.

Academe is a tinderbox of activism, so those seeking a fascist shift punish academics and students with professional loss if they do not âcoordinateâ, in Goebbelsâ term, ideologically. Since civil servants are the sector of society most vulnerable to being fired by a given regime, they are also a group that fascists typically âcoordinateâ early on: the Reich Law for the Re-establishment of a Professional Civil Service was passed on April 7 1933.

Bush supporters in state legislatures in several states put pressure on regents at state universities to penalise or fire academics who have been critical of the administration. As for civil servants, the Bush administration has derailed the career of one military lawyer who spoke up for fair trials for detainees, while an administration official publicly intimidated the law firms that represent detainees pro bono by threatening to call for their major corporate clients to boycott them.

Elsewhere, a CIA contract worker who said in a closed blog that âwaterboarding is tortureâ was stripped of the security clearance she needed in order to do her job.

Most recently, the administration purged eight US attorneys for what looks like insufficient political loyalty. When Goebbels purged the civil service in April 1933, attorneys were âcoordinatedâ too, a step that eased the way of the increasingly brutal laws to follow.

8. Control the press

Italy in the 1920s, Germany in the 30s, East Germany in the 50s, Czechoslovakia in the 60s, the Latin American dictatorships in the 70s, China in the 80s and 90s - all dictatorships and would-be dictators target newspapers and journalists. They threaten and harass them in more open societies that they are seeking to close, and they arrest them and worse in societies that have been closed already.

The Committee to Protect Journalists says arrests of US journalists are at an all-time high: Josh Wolf (no relation), a blogger in San Francisco, has been put in jail for a year for refusing to turn over video of an anti-war demonstration; Homeland Security brought a criminal complaint against reporter Greg Palast, claiming he threatened âcritical infrastructureâ when he and a TV producer were filming victims of Hurricane Katrina in Louisiana. Palast had written a bestseller critical of the Bush administration.

Other reporters and writers have been punished in other ways. Joseph C Wilson accused Bush, in a New York Times op-ed, of leading the country to war on the basis of a false charge that Saddam Hussein had acquired yellowcake uranium in Niger. His wife, Valerie Plame, was outed as a CIA spy - a form of retaliation that ended her career.

Prosecution and job loss are nothing, though, compared with how the US is treating journalists seeking to cover the conflict in Iraq in an unbiased way. The Committee to Protect Journalists has documented multiple accounts of the US military in Iraq firing upon or threatening to fire upon unembedded (meaning independent) reporters and camera operators from organisations ranging from al-Jazeera to the BBC. While westerners may question the accounts by al-Jazeera, they should pay attention to the accounts of reporters such as the BBCâs Kate Adie. In some cases reporters have been wounded or killed, including ITNâs Terry Lloyd in 2003. Both CBS and the Associated Press in Iraq had staff members seized by the US military and taken to violent prisons; the news organisations were unable to see the evidence against their staffers.

Over time in closing societies, real news is supplanted by fake news and false documents. Pinochet showed Chilean citizens falsified documents to back up his claim that terrorists had been about to attack the nation. The yellowcake charge, too, was based on forged papers.

You wonât have a shutdown of news in modern America - it is not possible. But you can have, as Frank Rich and Sidney Blumenthal have pointed out, a steady stream of lies polluting the news well. What you already have is a White House directing a stream of false information that is so relentless that it is increasingly hard to sort out truth from untruth. In a fascist system, itâs not the lies that count but the muddying. When citizens canât tell real news from fake, they give up their demands for accountability bit by bit.

9. Dissent equals treason

Cast dissent as âtreasonâ and criticism as âespionageâ. Every closing society does this, just as it elaborates laws that increasingly criminalise certain kinds of speech and expand the definition of âspyâ and âtraitorâ. When Bill Keller, the publisher of the New York Times, ran the Lichtblau/Risen stories, Bush called the Timesâ leaking of classified information âdisgracefulâ, while Republicans in Congress called for Keller to be charged with treason, and rightwing commentators and news outlets kept up the âtreasonâ drumbeat. Some commentators, as Conason noted, reminded readers smugly that one penalty for violating the Espionage Act is execution.

Conason is right to note how serious a threat that attack represented. It is also important to recall that the 1938 Moscow show trial accused the editor of Izvestia, Nikolai Bukharin, of treason; Bukharin was, in fact, executed. And it is important to remind Americans that when the 1917 Espionage Act was last widely invoked, during the infamous 1919 Palmer Raids, leftist activists were arrested without warrants in sweeping roundups, kept in jail for up to five months, and âbeaten, starved, suffocated, tortured and threatened with deathâ, according to the historian Myra MacPherson. After that, dissent was muted in America for a decade.

In Stalinâs Soviet Union, dissidents were âenemies of the peopleâ. National Socialists called those who supported Weimar democracy âNovember traitorsâ.

And here is where the circle closes: most Americans do not realise that since September of last year - when Congress wrongly, foolishly, passed the Military Commissions Act of 2006 - the president has the power to call any US citizen an âenemy combatantâ. He has the power to define what âenemy combatantâ means. The president can also delegate to anyone he chooses in the executive branch the right to define âenemy combatantâ any way he or she wants and then seize Americans accordingly.

Even if you or I are American citizens, even if we turn out to be completely innocent of what he has accused us of doing, he has the power to have us seized as we are changing planes at Newark tomorrow, or have us taken with a knock on the door; ship you or me to a navy brig; and keep you or me in isolation, possibly for months, while awaiting trial. (Prolonged isolation, as psychiatrists know, triggers psychosis in otherwise mentally healthy prisoners. That is why Stalinâs gulag had an isolation cell, like Guantánamoâs, in every satellite prison. Camp 6, the newest, most brutal facility at Guantánamo, is all isolation cells.)

We US citizens will get a trial eventually - for now. But legal rights activists at the Center for Constitutional Rights say that the Bush administration is trying increasingly aggressively to find ways to get around giving even US citizens fair trials. âEnemy combatantâ is a status offence - it is not even something you have to have done. âWe have absolutely moved over into a preventive detention model - you look like you could do something bad, you might do something bad, so weâre going to hold you,â says a spokeswoman of the CCR.

Most Americans surely do not get this yet. No wonder: it is hard to believe, even though it is true. In every closing society, at a certain point there are some high-profile arrests - usually of opposition leaders, clergy and journalists. Then everything goes quiet. After those arrests, there are still newspapers, courts, TV and radio, and the facades of a civil society. There just isnât real dissent. There just isnât freedom. If you look at history, just before those arrests is where we are now.

10. Suspend the rule of law

The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency - which the president now has enhanced powers to declare - he can send Michiganâs militia to enforce a state of emergency that he has declared in Oregon, over the objections of the stateâs governor and its citizens.

Even as Americans were focused on Britney Spearsâs meltdown and the question of who fathered Anna Nicoleâs baby, the New York Times editorialised about this shift: âA disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night ⦠Beyond actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or any âother conditionâ.â

Critics see this as a clear violation of the Posse Comitatus Act - which was meant to restrain the federal government from using the military for domestic law enforcement. The Democratic senator Patrick Leahy says the bill encourages a president to declare federal martial law. It also violates the very reason the founders set up our system of government as they did: having seen citizens bullied by a monarchâs soldiers, the founders were terrified of exactly this kind of concentration of militiasâ power over American people in the hands of an oppressive executive or faction.

Of course, the United States is not vulnerable to the violent, total closing-down of the system that followed Mussoliniâs march on Rome or Hitlerâs roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.

Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.

It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as WH Auden put it, the horror is always elsewhere - while someone is being tortured, children are skating, ships are sailing: âdogs go on with their doggy life ⦠How everything turns away/ Quite leisurely from the disaster.â

As Americans turn awa