SCOTUS to put the administrative state under scrutiny

• October 26, 2023

The U.S. Supreme Court has agreed to hear two cases that call into question so-called “Chevron deference,” a judicial doctrine that has enabled government agencies to greatly expand their power beyond the authority granted by Congress.

The cases are Loper Bright Enterprises v. Raimondo and Relentless, Inc., v. Department of Commerce. Both nominally involve challenges to a rule promulgated by the National Marine Fisheries Service that required commercial fishermen to pay $710 per day for an at-sea monitoring program. The fishermen argued that a 1976 law, the Magnuson-Stevens Fishery Conservation and Management Act, did not authorize the service to create an industry-funded monitoring program.

But the issue the court has agreed to decide goes far beyond the fishing industry. The justices have chosen these cases to review whether it is now time to toss “Chevron deference” into the dustbin of history.

The Chevron doctrine dates to the Supreme Court’s 1984 decision in Chevron U.S.A., Inc., v. Natural Resources Defense Council, Inc. In that case, the justices created a legal test to determine when a court should defer to an administrative agency’s interpretation or decision. When an agency’s action was not unreasonable, and Congress had left the issue ambiguous, the justices said, a court should simply defer to the agency’s judgment.

What this has meant in practice was that administrative agencies themselves became legislatures, courts, judges and juries in cases of disputes over regulations and administrative interpretation and enforcement of them.

This has had an extremely wide-ranging impact and has given rise to what is sometimes called “the administrative state.” Where Congress did not legislate, administrative agencies felt empowered to jump in and create regulations that had the force of law, but without a vote by any elected official.

The Supreme Court already waded into this topic with its June 2022 decision in West Virginia v. Environmental Protection Agency, in which the justices said the EPA regulations that required the closure of coal-fired electricity plants went beyond what Congress had authorized. Citing the “major questions” doctrine, the court held that agencies may not adopt new rules or stretch existing rules in a way that’s transformational to the economy unless Congress has specifically authorized such a rule to address a specific problem.

Typically, if a business, state or local government or individual American wishes to challenge any rule of any federal agency, the challenge first goes through the agency’s own adjudication process. When all remedies are exhausted, the challenge may then be brought in court, but the courts have been required to defer to the agency’s judgment unless it is “unreasonable.” Challenging a rule or a ruling is a lengthy process, largely controlled by the agency itself, prohibitively expensive, and because of the Chevron deference doctrine, almost certainly destined to fail.

Administrative agencies have become a fourth branch of government, one that is largely run by civil servants who control policy but cannot be fired.

If Congress wishes to address climate change, pandemic prevention or any other issue, it can pass laws that authorize administrative agencies to adopt regulations for a specific purpose. But if Congress chooses not to do that, it is not appropriate for federal agencies to impose their own solutions to problems and force Americans to comply with their rules.

“Chevron deference” has enabled that practice, and it’s time for it to end.

​ Orange County Register 

Last Kiss: Saying farewell to band with a look back at its biggest moments

• October 26, 2023

Kiss is calling it quits.

Again.

Hey — some people don’t get it right the first time.

So, these masked men of rock ‘n’ roll mayhem have hit the road with their second farewell trek, dubbed the End of the Road World Tour.

It’s a mammoth road show that has already stretched more than four years (minus the COVID shutdown, of course) and looks to finish up in December.

Along the way, the band is set to play Acrisure Arena in Palm Desert on Nov. 1 and the Hollywood Bowl in Los Angeles on Nov. 3, which will be the final Kiss shows ever played in California.

Well, at least until the band adds more dates or announces a third farewell tour.

After all, pretty much nothing is off the table when it comes to Kiss and making money.

To commemorate these closing shows of this long goodbye, we decided to take a look back in Kisstory at some of the big moments in the band’s Rock and Roll Hall of Fame career.

Since the band is (allegedly) wrapping up its storied, groundbreaking career in 2023, here are 23 Kiss milestones, ranging from landmark album releases to a performance witnessed by billions.

1. First Kiss

Bassist Gene Simmons, vocalist-guitarist Paul Stanley, guitarist Ace Frehley and drummer Peter Criss perform the first-ever Kiss show on Jan. 30, 1973. A crowd of roughly 10 people witness the gig at a small club called Popcorn in Queens.

2. Debut album

The band’s eponymous debut hits shelves on Feb. 18, 1974, offering up such key cuts as “Strutter,” “Deuce” and “Black Diamond.” It didn’t make much of a mark out of the gate, initially selling only 75,000 copies, but was finally certified gold a little over three years later.

3. “All Nite” long

Kiss finds its signature song with the release of “Rock and Roll All Nite” from their third album, 1975’s “Dressed to Kill.” The hit is released as a single on April 2, 1975. Nearly a half century later, it’s still a tune that Kiss turns to for nearly every  encore.

OAKLAND, CA – MARCH 6: Kiss member Gene Simmons licks his bass during their concert at the Oakland Arena in Oakland, Calif., on Friday, March 6, 2020. (Doug Duran/Bay Area News Group)

4. Kiss comes “Alive!”

Although Kiss’ studio albums continue to struggle on the charts, the band’s fortunes change dramatically with the release of “Alive!” on Sept. 10, 1975. The live double album proves to be the breakthrough hit that sets the band up for everything to come.

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5. Slowing it down

It’s a bit ironic that a band that loves to “Rock and Roll All Nite” and “Shout It Loud” scores its biggest hit with the ballad “Beth,” released on the “Destroyer” album on March 15, 1976.

6. A different fantastic four

The band gets its own comic when A Marvel Comics Super Special!: Kiss is released on June 30, 1977. The four musicians do more than just star in the comic — they also add their own blood to the ink at the printing press.

7. “Alive,” too

The band returns to the well that has served them so nicely and releases arguably its most powerful album — “Alive II” — on Oct. 14, 1977, a two-LP offering recorded mainly during a run of shows earlier in the year at the Forum in Inglewood.

8. Going solo (kinda)

All four members release eponymous solo albums on Sept. 18, 1978. None of the four reach the top 20 on the album charts, yet all of them still go platinum.

9. “Phantom” menace

The feature-length TV film, “Kiss Meets the Phantom of the Park,” is aired by NBC on Oct. 28, 1978. The movie — filmed mainly at Six Flags Magic Mountain in Valencia — is widely panned, especially by the band. Simmons reportedly once compared it to Ed Wood’s cult classic, “Plan 9 from Outer Space.”

OAKLAND, CA – MARCH 6: Kiss members, Gene Simmons and Paul Stanley, perform during their concert at the Oakland Arena in Oakland, Calif., on Friday, March 6, 2020. (Doug Duran/Bay Area News Group)

10. Disco inferno

Hard-rocking Kiss fans cringe a bit when the disco-happy “I Was Made for Lovin’ You” is released on the “Dynasty” album on May 23, 1979. Everybody else just dances and sings along to what is surely one of the best Kiss songs of all time.

11. Criss to Carr

Original drummer Criss leaves the band not long after “Unmasked” is released on May 20, 1980. Eric Carr quickly takes over on the kit, making his concert debut with the band on July 25, 1980.

12. The big reveal

Known at least as much for their makeup as their music, the Kiss guys finally show their faces on MTV on Sept. 18, 1983. Once the novelty fades, basically everyone agrees that they like the band better in makeup.

13. Wait … who?

Released as a single on Jan. 5, 1990, the power ballad “Forever” becomes the band’s second top 10 hit (after “Beth”). Stanley co-wrote the song with — get ready for this — Michael Bolton.

14. R.I.P. Carr

The amazingly talented drummer dies from heart cancer at age 41 on Nov. 24, 1991.

15. The big four

The original members of Kiss embark on a reunion tour on June 28, 1996 in Detroit. (And, equally important, they are all back in makeup!) The trek — which marks the first tour with Frehley and Criss since 1979’s Dynasty Tour — is a massive success.

16. Goodbye (take 1)

The group launches its first farewell tour on March 11, 2000 in Phoenix, Arizona. By late 2002, however, Kiss announces that the retirement is, um, well, not really happening. (Sorry about that!)

17. Gold medal performance

In a move that probably only Gene and Paul would have predicted, Kiss is chosen to perform during the closing ceremony of the Salt Lake City Winter Olympic Games on Feb. 24, 2002. The band’s high-octane take on “Rock and Roll All Nite” is seen by some three billion TV viewers.

18. Thayer on guitar

Guitarist Tommy Thayer fills in for Frehley and makes his live Kiss debut during a private concert in Jamaica on March 6, 2002. Not long after, he officially gets the gig as the band’s lead guitarist.

19. Super “Sonic”

After more than a decade without putting out a new studio album, Kiss finally releases No. 10 — “Sonic Boom” — on Oct. 6, 2009. The album reaches No. 2 on the Billboard 200, making it the highest charting effort of the band’s career.

OAKLAND, CA – MARCH 6: Kiss vocalist-guitarist Paul Stanley plays during their concert at the Oakland Arena in Oakland, Calif., on Friday, March 6, 2020. (Doug Duran/Bay Area News Group)

20. Rock Hall

After years of eligibility and countless cries from Kiss Army, the band’s original lineup — Simmons, Stanley, Criss and Frehley — is finally (and rightfully) inducted into the Rock and Roll Hall of Fame during a ceremony on April 10, 2014 at Barclays Center in Brooklyn, New York.

21. It’s a long Road

The band launches its mammoth End of the Road World Tour on Jan. 31, 2019 at Rogers Arena in Vancouver, Canada. More than four years later, it’s still going.

22. Going to California

Fans from around the Golden State and beyond will gather at the legendary Hollywood Bowl on Nov. 3 for what is increasingly looking like the final Kiss show in California.

23. If you can make it there

A little less than a month after the Hollywood date, Kiss is set to bring its End of the Road World Tour to a conclusion with two shows on Dec. 1-2 at Madison Square Garden in New York.

Kiss: The End of the Road World Tour

When: Wednesday, Nov. 1

Where: Acrisure Arena, 75702 Varner Road, Thousand Palms

Tickets: $78-$860 at Ticketmaster.com

Also: Thursday, Nov. 3 at Hollywood Bowl, 2301 N. Highland Ave., Los Angeles. $105-$1,744 at Ticketmaster.com.

​ Orange County Register 

18 killed and 13 injured in Maine shootings, says governor

• October 26, 2023

By DAVID SHARP

LEWISTON, Maine — Maine’s governor says at least 18 people were killed and 13 were injured in shootings in Maine, and state police have issued a murder warrant for the suspect, who is still at large. Gov. Janet Mills made the remarks at a press conference Thursday.

A man shot and killed the victims at a bowling alley and restaurant in Lewiston and then fled into the night, sparking a massive search by hundreds of officers while frightened residents stayed locked in their homes Thursday under a shelter-in-place advisory.

Mills said the shooting suspect, Robert Card, is considered armed and dangerous.

“This city did not deserve this terrible assault on its citizens, on its peace of mind, on its sense of security,” she said.

A police bulletin identified Card, 40, as a person of interest in the attack in Lewiston that sent panicked bowlers scrambling behind pins, into corners and a back room when shots rang out around 7 p.m. Wednesday. Card was described as a firearms instructor believed to be in the U.S. Army Reserve and assigned to a training facility in Saco, Maine.

Maine State Police Col. William Ross said police have issued a warrant for Card on eight counts of murder. He said those counts will increase when the other 10 victims are identified.

The document, circulated to law enforcement officials, said Card had been committed to a mental health facility for two weeks in the summer of 2023. It did not provide details about his treatment or condition but said Card had reported “hearing voices and threats to shoot up” the military base. A telephone number listed for Card in public records was not in service.

Maine State Police spokesperson Shannon Moss said the bowling alley shooting happened first.

Earlier, Lewiston Police said that they were dealing with an active shooter incident at Schemengees Bar and Grille and at Sparetime Recreation, a bowling alley about 4 miles (6.4 kilometers) away. A number of parents and children were at Sparetime as part of a children’s bowling league.

One bowler, who identified himself only as Brandon, said he heard about 10 shots, thinking the first was a balloon popping.

“I had my back turned to the door. And as soon as I turned and saw it was not a balloon — he was holding a weapon — I just booked it,” he told The Associated Press.

Brandon said he scrambled down the length of the alley, sliding into the pin area and climbing up to hide in the machinery.

“I was putting on my bowling shoes when when it started. I’ve been barefoot for five hours,” he said.

The bowling alley is home to traditional tenpin bowling as well as candlepin, a variant of bowling found in New England. It’s located about 2 miles (3.2 kilometers) north of the Bates College campus, on the outskirts of downtown. The alley has a small bar and is popular for local bowling leagues and children’s parties.

Wednesday was “industry night” at Schemengees Bar and Grille, with 25% discounts offered to customers who work in the bar or restaurant industry.

“In a split second your world gets turn upside down for no good reason,” the business posted online, saying “great people in this community” were lost.

After the shooting, police, many armed with rifles, took up positions while the city descended into eerie quiet — punctuated by occasional sirens — as people hunkered down at home. Schools as far away as Kennebunk, more than 50 miles (80 kilometers) from Lewiston, closed out of caution on Thursday. And schools and public buildings were closed in Portland, the state’s largest city.

Bates and Bowdoin colleges canceled classes, as did the Gorham and Portland campuses of the University of Southern Maine.

Diana Florence said her son, a sophomore at Bates College, stayed in his dorm with his roommate with the blinds closed. Her daughter is a senior at the University of North Carolina at Chapel Hill, which was locked down twice last month, once when a professor was killed and again two weeks later when a man brandished a gun in the student union building.

“I could not believe it – that this is happening again. It’s happening to my son after it just happened to my daughter,” she said in a phone interview Thursday.

Ten-year-old Zoey Levesque, who was at the bowling alley with her mother, told WMTW-TV she was grazed by a bullet.

“It’s scary,” she said. “I had never thought I’d grow up and get a bullet in my leg. And it’s just like, why? Why do people do this?”

The Androscoggin County Sheriff’s Office released two photos of the suspect on its Facebook page that showed the shooter walking into an establishment with a weapon raised to his shoulder.

Two law enforcement officials told the AP that at least 16 people were killed and the toll was expected to rise. However, Michael Sauschuck, commissioner of the Maine Department of Public Safety, declined to provide a specific estimate at a news conference.

It’s the 36th mass killing in the United States this year, according to a database maintained by The Associated Press and USA Today in partnership with Northeastern University.

The two law enforcement officials said dozens of people also had been wounded. The officials were not authorized to publicly discuss details of the ongoing investigation and spoke to AP on condition of anonymity.

On its website, Central Maine Medical Center said staff were “reacting to a mass casualty, mass shooter event” and were coordinating with area hospitals to take in patients. The hospital was locked down and police, some armed with rifles, stood by the entrances.

Meanwhile, hospitals as far away as Portland, about 35 miles (56 kilometers) to the south, were on alert to potentially receive victims.

Lewiston, the second largest city in Maine with a population of 37,000, emerged as a major center for African immigration into Maine. The Somali population, which numbers in the thousands, has changed the demographics of the once overwhelmingly white mill city into one of the most diverse in northern New England.

A shelter-in-place advisory was issued Wednesday night for Androscoggin County. That included the community of Lisbon, about 8 miles (13 kilometers) away, after a “vehicle of interest” was found there, authorities said. It was extended Thursday to Bowdoin, which is in Sagadahoc County.

Mills earlier released a statement echoing instructions for people to shelter. President Joe Biden spoke by phone to Mills and the state’s Senate and House members, offering “full federal support in the wake of this horrific attack,” a White House statement said.

Wednesday’s death toll was staggering for a state that in 2022 had 29 homicides the entire year.

Author Stephen King responded to the shootings Thursday morning in a pair of posts on X, formerly known as Twitter.

“The shootings occurred less than 50 miles from where I live. I went to high school in Lisbon. It’s the rapid-fire killing machines, people. This is madness in the name of freedom. Stop electing apologists for murder,” he wrote.

Maine doesn’t require permits to carry guns, and the state has a longstanding culture of gun ownership that is tied to its traditions of hunting and sport shooting.

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Florence, of New York, said she and her son at Bates College spoke and texted late into the night, and that he was shaken up but OK. Meanwhile, she was left angry.

“I think this is about our laws, frankly. That we cannot seem to pass any sort of sensible gun laws or attack mental health in the way we should,” she said. “And our kids are paying the price. And even if they’re not killed or injured, the trauma that is going to linger long past the semester is palpable.”

Some recent attempts by gun control advocates to tighten the state’s gun laws have failed. Proposals to require background checks for private gun sales and create a 72-hour waiting period for gun purchases failed earlier this year. Proposals that focused on school security and banning bump stocks failed in 2019.

State residents have also voted down some attempts to tighten gun laws in Maine. A proposal to require background checks for gun sales failed in a 2016 public vote.

Associated Press journalists Patrick Whittle in Portland, Maine, Michael Balsamo in New York, Darlene Superville in Washington, Michael Casey in Boston and Holly Ramer and Kathy McCormack in Concord, New Hampshire, contributed to this report.

​ Orange County Register 

Tom Segura, Bachman-Turner Overdrive and more are headed to Southern California casinos next week

• October 26, 2023

Next week’s entertainment at Southern California casinos includes a stand-up comic, a trio of pop stars from the ’50s and ’60s, a Canadian rock band and a banda from Sinaloa.

Be sure to check the official websites for the latest event information.

Tom Segura

Stand-up comedian, actor, podcaster and author Tom Segura is on tour supporting new material. His most recent stand-up special, “Sledgehammer,” premiered on Netflix in July. The podcast host of “Your Mom’s House” and “Two Bears, One Cave” released his first book last year titled “I’d Like To Play Alone, Please.” 8 p.m. Nov. 2, at Yaamava’ Resort & Casino, 777 San Manuel Blvd., Highland. Tickets start at $55; 21-and-older only. 909-864-5050. yaamava.com.

Dick Fox’s The Golden Boys

The trio consisting of Frankie Avalon, Fabian and Lou Christie have performed as The Golden Boys since 1985. Each of the singers emerged from the same South Philadelphia neighborhood and became popular teen idols in their own careers in the late ’50s and early ’60s. The show includes music from each singer and a dance contest that invites the audience to participate. 8 p.m. Nov. 3, 10 at Agua Caliente Resort Casino Spa, 32-250 Bob Hope Drive, Rancho Mirage. $30-$95. 800-514-3849. aguacalientecasinos.com.

El Coyote Y Su Banda

José Angel Ledezma Quintero, professionally known as “El Coyote,” is a Mexican banda singer who got his first big break out of Sinaloa. The singer known for songs such as “Te Soñe,” “Encerrado” and “Suspiros” visited Sinaloa in his teenage years in hopes of becoming a baseball star but quickly fell in love with the big-name Sinaloan bandas and followed suit. 8 p.m. Nov. 3 at Morongo Casino Resort & Spa, 49500 Seminole Drive, Cabazon. Tickets start at $49. 951-849 3080. morongocasinoresort.com.

Bachman-Turner Overdrive

Canadian rock band Bachman-Turner Overdrive was founded by three brothers, Randy, Robbie, Tim Bachman, and Fred Turner, in 1973. The band’s current lineup consists of Randy Bachman,Turner and Tal Bachman who continue to perform hits from the band’s catalog, such as “You Ain’t Seen Nothing Yet,” “Roll On Down The Highway” and “Taking Care of Business.” 8 p.m. Nov. 4, at Fantasy Springs Resort Casino, 84-245 Indio Springs Parkway, Indio. $59-$79. 800-827-2946. fantasyspringsresort.com.

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​ Orange County Register 

Public school advocates should embrace open enrollment

• October 26, 2023

Attending highly-ranked public schools is an educational holy grail for many families, but enrolling in these public schools can be near-impossible for many students since access to them is based on where students live. Less affluent students often can’t attend these public schools because their families can’t afford the costs required via the expensive mortgages or high rents charged within the schools’ boundaries. 

Some students, desperate to attend better schools, lie about where they live–a practice called address sharing–to gain access to higher-performing public schools. Yet, address sharing is risky. In California, it’s a felony that can carry a four-year prison sentence. Some public school districts even hire private investigators to find students who they think are address-sharing. If the district finds evidence, students are expelled, and parents can go to jail.

To its credit, California requires all school districts to participate in within-district open enrollment, which means students can transfer to any public school in their assigned school district if the school has available seats. Unfortunately, California is one of just 13 states in the country that require all school districts to participate in this type of within-district open enrollment. 

Open enrollment lets students choose the public schools best for them. Kids may need to escape bullying, access advanced placement (AP) classes, or get better math or artistic offerings. A 2023 study published by the National Bureau of Economic Research on the Los Angeles Unified School District found that within-district open enrollment positively affects student achievement and college enrollment, especially when transfer students are compared with nonparticipants. Moreover, the researchers said the program benefited the school district because the open enrollment program encouraged LAUSD schools to improve, especially lower-performing ones.

These findings align with 2016 and 2021 studies by California’s Legislative Analyst’s Office (LAO) on the state’s District of Choice program, which lets students transfer to schools outside their assigned district. The LAO found students used the program to access AP courses, International Baccalaureate courses, specific instructional models, and specialty courses that weren’t available at their assigned schools. 

LAO also found that some school districts, including those with declining student populations, could use open enrollment to attract new students. Small and rural school districts used cross-district transfer students to “generate a notable share of their revenue,” LAO reported.

Unfortunately, only 47 school districts across California, or 5% overall, participated in the District of Choice program in the 2022-23 school year. Students who can’t use the program must navigate the state’s labyrinthine transfer systems that rely on specific school district agreements and things like the number of hours a student’s parent works inside the school district’s boundaries.

As a result, despite its good statewide within-district open enrollment program, California’s open enrollment policies fall short of Reason Foundation’s best practices in four out of five key categories, a new report finds.

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For comparison, Texas currently scores worse— zero out of five in best open enrollment practices in Reason Foundation’s new report, Public Schools Without Boundaries 2023. That’s partly because California and Texas allow public school districts to charge tuition to transfer students. One Dallas-area public school district, for example, charges public school transfer students $9,000 annually, effectively blocking low- and middle-income students from transferring to it. 

However, a cutting-edge open enrollment law has been proposed in the Texas legislature. It would let Texas students move to any public school with open seats without tuition and implement robust transparency provisions to help parents and students. If signed into law, Texas would go from among the worst open enrollment policies in the country to the best. Six other states have already expanded public school open enrollment this year, Public Schools Without Boundaries finds. 

California’s District of Choice and within-district open enrollment programs have been helpful, but the state is falling behind. Lawmakers and public school advocates should expand and streamline open enrollment policies so all of California’s students can access public schools with available seats. Rather than letting zip codes determine the quality of public schools available, open enrollment allows students and parents to find the public schools that are best for their educational and social needs.

Jude Schwalbach is an education policy at Reason Foundation and author of the open enrollment study, Public Schools Without Boundaries. 

​ Orange County Register 

When it’s always the beginning of history, it can never be the end of war

• October 26, 2023

“US officials,” Nahal Toosi, Lara Seligman, and Paul McLeary write at Politico, “are worried that violence in Israel’s neighbors will spiral into a larger regional war.” More specifically, they’re worried that such a war will result in US casualties among US troops across the region.

For some reason, though, the Biden administration is flooding the region with MORE troops — a second carrier strike group and (presumably US-operated) air defense systems — instead of withdrawing the thousands already there to the relative safety of the country they enlisted to, allegedly, defend.

Why are US troops even there? There is no “why.” They’ve ALWAYS been there, since the beginning of history … October 7, 2023. That’s when a group no one had ever heard of launched an inexplicable attack on a brand new country with no previous regional beefs that might explain any of the craziness.

The previous beginning of history, September 11, 2001, set the previous clock ticking when another group no one had ever heard of launched an inexplicable attack on the United States.

The US regime hadn’t bankrolled and launched that group in the 1980s to give the Soviet Union “its own Vietnam.” It’s leader hadn’t issued a 1996 declaration of war demanding the withdrawal of US troops from the Middle East. The group hadn’t attacked US embassies in Kenya and Tanzania in 1998 to drive the point home, or the USS Cole in 2000 for emphasis.

None of that ever happened. A Big Bang occurred at 8:46 Eastern Time on 9/11, erasing everything that had gone before and making anything that came after totally, completely, and obviously justified.

Another Big Bang occurred on October 7, so here we go again.

Such Big Bangs occur frequently throughout history. Think June 28, 1914, or September 1, 1939, or December 7, 1941, or February 22, 2022.

These Big Bangs are always described as “everything changed” moments, after which we’re expected to forget anything — incidents, grievances, and especially moral codes — associated with a time before, so that those demanding such amnesia from us can get away with doing whatever they please until the next Big Bang resets the clock again.

In reality, these “everything changed” claims are “nothing must be allowed to change” demands. They’re an attempt to erase our memories so we won’t notice our rulers doing the same things over and over while promising us different results.

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Perpetual war is our lot until  we defy our rulers’ magic resets by allowing ourselves to remember, confront, and learn from history.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

​ Orange County Register 

Anaheim council close to adopting new lobbying laws despite some division

• October 26, 2023

The City Council, on Tuesday, Oct. 24, debated at length on how encompassing an updated lobbying law should be in Anaheim, but divisions emerged over how far some of the most substantial reforms proposed so far should go, which were ultimately hammered out in compromise.

A council majority agreed to keep most of the lobbying law changes, but they did ask city staff to take away language concerning government affairs employees registering as lobbyists. Some councilmembers, however, decried the efforts as going too far.

The proposed update to the city’s lobbying laws would empower the city auditor to audit a random 20% of registered lobbyists in the city annually and to ask elected officials and members of the city’s executive team for information about past meetings where they have been lobbied. It also has definitions for what influencing city officials means and would expand record-keeping requirements for lobbyists.

Craig Steele, an attorney who is helping Anaheim navigate its series of reforms, said at Tuesday’s meeting that under-reporting lobbying activity is likely happening now in Anaheim.

The council last updated its lobbying law in 2022, making it a criminal penalty to run afoul of the lobbying rules.

The City Council is now making another attempt to enhance the laws in Anaheim after independent investigators recently alleged a pattern of potential lobbying violations when they were commissioned to look at concerns of corruption and influence peddling in City Hall. The council will likely vote on a final version of updates in a few weeks.

City Clerk Theresa Bass said there are currently 18 lobbyists registered with the city, and that number typically hovers around 20.

Mayor Ashleigh Aitken said the proposed ordinance has teeth, and will ensure people who are attempting to influence city officials register as lobbyists.

“The point of this lobbying ordinance is that Anaheim citizens deserve to know who has the ear of their elected officials,” Aitken said. “And it shouldn’t matter what side of the argument you are, it should apply equally across the board.”

The updated lobbying ordinance from city staff contained language that would require people employed in “government affairs” or “government relations” types of roles to be considered a lobbyist, but the council voted to ask staff to remove that part. They also asked to exclude labor unions advocating for labor contracts with the city from having to register as lobbyists. Other California cities include the exemption.

Councilmembers Jose Diaz and Natalie Meeks were the most critical of the updated lobbying ordinance.

“I don’t see why we need to change this,” Diaz said. “It’s too intrusive, too complicated.”

Meeks said the whole direction of the ordinance bothered her. She said it was fraught with loopholes and complexity, and her preference was for requiring councilmembers to release calendars of who they are meeting with.

Following the meeting, Aitken said she’s pleased that her colleagues have supported reform measures and said Anaheim is “on the cutting edge of having the most transparent form of government in Orange County, if not California.”

“I think we came to a strong compromise that still addresses the root issue, which is making sure that everyone that interacts with elected officials is registering as lobbyists,” she said.

Anaheim leaders aren’t done yet looking at new reform topics. There will be a future meeting about campaign finance reform, as well as a vote on prohibiting lobbyists from serving as advisers to any city official.

The council also hasn’t received an update after the city attorney asked Visit Anaheim in August to give back $1.5 million it may have surreptitiously diverted to a nonprofit of the Anaheim Chamber of Commerce. The city gave Visit Anaheim that money to promote tourism recovery during the pandemic, and Visit Anaheim likely violated its agreement by diverting the funds, officials have said.

Aitken said the state’s audit looking into the $1.5 million, which is expected to be released in the winter, could bring forward additional reforms.

“I’m looking forward to the results,” Aitken said, “to see if there’s anything else that we need to look at and address that would put us in a stronger position to be more accountable to the voters.”

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​ Orange County Register 

‘Assault weapons’ bans are indeed unconstitutional (and bad policy)

• October 26, 2023

California remains committed to pursuing stringent gun control measures as one of the most anti-gun and anti-freedom states in the nation. That’s unlikely to change anytime soon, as the state legislature passes bill after bill to further restrict the right of law-abiding Californians to protect themselves.

Gov. Gavin Newsom has even made gutting the Second Amendment the theme of his politically-motivated, national campaign for a “28th Amendment” to the U.S. Constitution. Unless Governor Newsom succeeds in doing something that’s never happened in our 250-year history, California’s gun control laws must still comply with the principles outlined in our nation’s founding charter.

This month, United States District Court Judge Roger Benitez ruled that California’s law banning so-called “assault weapons” violates the constitutional right to keep and bear arms.  Citing a recent U.S. Supreme Court ruling, Judge Benitez said “[California] has identified no national tradition of firearm regulation so broad in its coverage or so far reaching in its effect as its extreme ‘assault weapon’ statutes.”  He is absolutely right.

As you’ll recall, last year the Supreme Court ruled 6-3 in NYSRPA v. Bruen, which held that states seeking to implement gun control laws must demonstrate that they are “consistent with the Nation’s historical tradition of firearm regulation” in order to be lawful.  Bruen therefore created an important constitutional test, which California’s “assault weapons” ban just failed.  The ban’s scope is overly broad in banning entire classifications of widely owned firearms, and California could not demonstrate its alignment with historical precedents.

Not only are bans on so-called “assault weapons” unconstitutional, they’re also bad policy. Let’s first set the record straight on defining the category of firearm.  “Assault weapon” is an arbitrary term generally used by anti-gun activists and politicians to refer to semi-automatic rifles like the AR-15.  Not only are they among the most commonly owned guns in the country for home protection, including among women who find them easy to shoot safely and accurately, they’re used in a small fraction of firearm related deaths.

According to a Pew Research Center analysis, “rifles – the category that includes guns sometimes referred to as ‘assault weapons’ – were involved in just 3% of firearm murders” in 2020.  Despite attempts by gun control supporters to portray semi-automatic rifles as a boogeyman responsible for a vast amount of deaths nationwide, the data simply does not support this claim.  There’s also scant evidence that “assault weapons” bans would reduce violent crime.  Even generous assessments of the 1994 crime bill, which banned certain types of semi-automatic rifles for a decade, show it had little to no impact on reducing crime or gun-related deaths.

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Every year it becomes more evident that sweeping bans on entire classifications of firearms not only can’t pass constitutional muster, but they’re also not the answer to our nation’s growing violent crime problem.  It’s more important than ever for law-abiding citizens to grasp this reality and stand up for their rights – that’s why the U.S. Concealed Carry Association for Saving Lives Action Fund is working to educate and empower responsible gun owners to become citizen lobbyist, equipped with the information and platform they need to push back against bad policies like “assault weapons” bans.

In California, the ability to protect yourself and your loved ones will continue to hang in the balance as the state seeks to appeal this recent ruling.  Ask yourself if you think they truly have your best interests – your freedom and your fundamental right to self-defense – in mind.  It’s becoming increasingly clear that they don’t.  Fortunately, the Constitution will have the final say.

Katie Pointer Baney is the managing director of government affairs for the U.S. Concealed Carry Association and executive director of theUSCCA for Saving Lives Action Fund.

​ Orange County Register