Mendocino County Today: Sunday, Aug. 19, 2018

• Complex Updates
• Fire Effects
• Krugman Correction
• Gang Ways
• Garbanzo
• Peachland Preschool
• Little Dog
• Ukiah General
• Barrilleaux Claim
• Moth
• Miskey Aftermath
• Yesterday's Catch
• External Costs
• Fake News
• Deficient Bridges
• Fat Drunks
• Healthcare Denied
• NFL Collusion
• Different Socialisms
• Mole Nemesis
• Fire Stories
• Marco Radio

RANCH FIRE (MENDOCINO COMPLEX) now at 335,000 acres, 76% containment.

Calfire: "Smoky conditions and light winds allowed for continued progress of containment line construction and mop up with less active fire behavior on the northern portions of the Ranch Fire. Aircraft continued their fire suppression mission as conditions permitted. Some fire activity was noted on the northeast side of the fire near Goat Mountain Road, however, it was within the fire perimeter. Firing operations will continue if weather allows. As the evening progressed, fire crews and dozers continued their efforts to build containment lines and mop up. The southern portion of the fire had no notable fire activity on Saturday and fire suppression repair efforts continue along with mop up."

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CALFIRE'S MENDOCINO COMPLEX UPDATE (Sunday 7am): 384,567 acres; 79% contained; 314 structures damaged or destroyed.

"Overnight on the Ranch Fire, firefighters continued preparing for firing operations, building containment lines and mop up. Firing operations will continue today as weather conditions allow. Today, smoky conditions and light winds are expected to continue. Firefighters have constructed 527 miles of containment line on the Ranch Fire. The southern portion of the fire has had no recent notable fire activity. The area remains in patrol status as crews continue with suppression repair efforts and mop up. The River Fire had no movement. Suppression repair along with patrol will continue on the River Fire."

(click to enlarge)

Ed Note: In the still active northern part of the Ranch Fire, today's map shows almost all of the Pine Mountain Project and half of the Snow Mountain Wilderness have burned.

BURNED AREA EMERGENCY RESPONSE BEGINS ON RANCH FIRE

The Burned Area Emergency Response (BAER) team is getting established in Upper Lake to start working on its assessment and recommendations to lessen immediate hazards to public resources from effects of the Ranch Fire. The BAER team is made up of specialists from various disciplines; including hydrologists, soil scientists, geologists, road engineers, ecologists, botanists, and archaeologists. Team members have already started assessing the fire area to address potential risks related to life and property, water quality and critical plant and wildlife habitat. Upper Lake District Ranger Frank Aebly says, "I'm glad to have some of the most talented resource specialists here to help us. Team members have a challenge ahead, they have our support and we're grateful they are here." The purpose of the BAER assessment is to analyze fire effects on soils and watersheds, determine the potential for negative effects, and consider possible treatment options. The threat to life and property is always the number one concern and is the first focus of the burned area assessment. Forest roads are also a major concern from flooding and rocks falling onto the road bed. Soil productivity, water quality, and cultural resources are at risk when wildland fires are followed by large storms, particularly during the first and second year after the fire. The loss of natural vegetative cover allows water to runoff across bare soils with increased velocity. Fire also induces water repellency of varying degrees, reducing water infiltration, and increasing runoff. The net result under extreme conditions is a loss of soil, a loss of water control, and significant risk of floods and debris flows downstream of the fire. The Ranch Fire started July 27 approximately eight miles northeast of Ukiah. It is estimated at 331,770 acres and 76 percent contained. The cause of the fire is being investigated.

Punky Moore, Public Affairs Officer, Forest Service

CORRECTION, A READER NOTES: "I don't know Jane Beiles, but the piece under her by-line in yesterday’s Mendocino County Today, 'Something Not Rotten in Denmark,' is actually Paul Krugman's opinion piece that was in the New York Times on August 16, 2018."

NORTENO GANGSTER VASQUEZ RETURNING TO STATE PRISON

Despite his defense counsel's pleas for leniency, defendant Marcos Abel Vasquez, age 25, of Ukiah, had his ticket punched Friday morning -- again -- for a 72-month return trip to state prison.

In March of this year, the defendant and four other Norteno gang members (ranging in age from 16 to 19) made a nighttime incursion into what they believed was the rival gang's turf in Ukiah. Under the cover of darkness, defendant Vasquez used a baseball bat to break out all the windows and do body damage to an automobile sitting in front of a Ukiah residence.

Fortunately, a neighbor witnessed the attack from the shadows and notified the police. The defendant, the 16-year old get-away car driver, and the other three gang members were soon located and identified. The bat -- with window glass still embedded in its barrel -- was recovered from the get-away car and seized as evidence.

Defendant Vasquez was convicted by plea of felony vandalism. He also admitted having suffered a prior Strike conviction, having served a prior prison commitment, and having used a weapon in the course of the vandalism.

Because he admitted in the most recent case having suffered the prior Strike conviction in 2013, the credits the defendant may attempt to earn in state prison against his overall sentence will be limited to no more than 20% of the six year term.

Regarding that prior 2013 Strike conviction, the defendant was sent to state prison for 48 months for what was his first time for a violent gang-related fight. He was involved in the stabbing of a rival gang member and thereafter convicted of assault by force likely to create great bodily injury, a felony. He also admitted that he committed the felony assault for the benefit of a criminal street gang.

The attorney who prosecuted the 2018 matter on behalf of the People is District Attorney David Eyster. The investigating law enforcement agency was the Ukiah Police Department.

The judge who has been presiding over court proceedings involving this defendant and who imposed today's state prison sentence was Mendocino County Superior Court Judge John Behnke.

(District Attorney Press Release)

* * *

ON LINE COMMENT: 72 months for beating up a car is a little much.

* * *

DA DAVID EYSTER: You have to be kidding, right? The DA has zero tolerance for gang-related crime. What you characterize as just beating up a car is really much more -- such gang-related acts create an environment of fear in the community, is intended by the gang to intimidate others, and is a claim of turf ownership. Then what happens? The rival gang feels obligated to reclaim turf, they retaliate with more serious consequences, perhaps somebody gets hurt like happened in 2013, and the cycle of violence is perpetuated. Have you asked yourself what a 24 year old man is doing out late at night teaching a 16 year old (and other younger men) the gang ways and how to perpetuate this sort of criminal foolishness? If this defendant continues in the gang ways upon his release from prison 5+ years from now, you should expect that he will go back to prison on any felony -- even vandalizing another vehicle -- and he will go back next time for even longer than six years! The message to be learned is pretty doggone simple.

UKIAH SHELTER PET 'O THE WEEK

Garbanzo is a big old lugnut of a dog. The consensus at the shelter is Garbanzo is an all-around sweetheart. Garby has wonderful manners; when we took him back to his kennel after his photo session, he sat and waited at his gate, trotted inside, and then sat and looked at his volunteer--hoping for a goodbye treat. Garbanzo is playful and gentle. This dude has a wonderful temperament. There's lots more about Garbanzo here: http://www.mendoanimalshelter.com/dogblog/garbanzo

The Ukiah Animal Shelter is located at 298 Plant Road in Ukiah, and adoption hours are Tuesday, Thursday, Friday & Saturday from 10 am to 4:30 pm and Wednesday from 10 am to 6:30 pm. To see photos and bios of the shelter's adoptable animals, please visit us online at: www.mendoanimalshelter.com or visit the shelter. Join us the second Saturday of every month for our "Empty the Shelter" pack walk and help us get every dog out for socialization and exercise! For more information about adoptions please call 707-467-6453.

PRESCHOOL AND DAYCARE!

To local parents of preschool-aged children: you may not yet know, but Peachland preschool is attempting to revamp their program and are offering a flexible morning preschool program with daycare afterward until 5 p.m.!! This is huge for working parents or parents with smaller children who are concerned about a five-day-per-week schedule.

Unfortunately, because this program is so new and the notice for signing up was short, they need just a few more kids to make it pencil out. If you're interested, please just give Nicole McClain a call at the elementary school to discuss the options. The number is (707) 895-3010. And the cost is extremely reasonable.

And there's a school board meeting next Tuesday at 7 p.m. at the High School Cafeteria to discuss. Please attend!

LITTLE DOG SAYS, “The boss nixes oleanders because they remind him of CalTrans, so I suggest petunias. ‘Worse yet, Little Dog, you no-taste mutt. Petunias, unicorns, weeping clown paintings! What's wrong with you? Monet's Gardens is what we're after here!’ Monet's Gardens? This place? I didn't dare say that, but really, these guys are getting downright delusional.”

UKIAH GENERAL HOSPITAL OPENED IN AUGUST 1927. The hospital, at 564 S. Dora St., was built and equipped for about $22,000. (Photo courtesy Ron Parker)

Here's a 1927 article about the dedication of the hospital: http://www.ukiahdailyjournal.com/…/mendocino-county-history…

JESSICA BARRILLEAUX’S CLAIM

Of course if the judges didn't have ease of access, a golden escalator for them only would have been installed years ago.

Tuesday’s Board of Supervisors Closed Session agenda includes an item described as: “Conference with Legal Counsel – Existing Litigation – 1 case: Jessica Barrilleaux v. Mendocino County, et al., USDC Case No. C-14-1373 THE.”

Notice that the case number says “USDC,” which means it’s a federal case filed in US District Court which means at least some of the relevant documents are available on line. Which we looked up.

First item (August of 2016):

“ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. Plaintiff Jessica Barrilleaux alleges inadequate access for persons with mobility impairments at the Mendocino County Courthouse in Ukiah. Nearly two and a half years after filing her complaint [which puts that filing in the fall of 2013], she now seeks preliminary injunctive relief. After carefully reviewing the parties' written arguments, the Court finds the matter suitable for resolution without oral argument, see Civil L.R. 7-1(b), and now DENIES Barrilleaux's motion for a preliminary injunction for the reasons discussed below.”

SO IT’S SOME KIND OF disability claim dating back to 2013.

Looking further, we found the following (we have removed the distracting legal citations, but otherwise it’s quoted directly):

“Background: Before the incident in question, Plaintiff Jessica Barrilleaux ("Plaintiff") alleges that she walked with difficulty and occasionally used crutches due to a fractured and weakened knee. … On April 16, 2013, Plaintiff, assisted by the use of crutches, went to the Mendocino County Superior Courthouse (the "Courthouse") to address a traffic citation. The Clerk of Court calendared Plaintiff for an appearance on April 23, 2013, at Department G. Department G is located on the fourth floor of the Courthouse and there is no elevator access to that floor. Upon information and belief, the Clerk was aware that Plaintiff was on crutches, and knew there was no elevator access to the fourth floor, but did not warn or advise Plaintiff of that fact, nor was Plaintiff notified by any other means. On April 23, 2013, Plaintiff arrived at the Courthouse for her appearance without crutches or other aid. Once there, she realized there was no elevator access to the fourth floor where she needed to appear. Plaintiff could not ascend stairs due to her knee, but was able to descend stairs with difficulty, if necessary, so she took the elevator to the fifth floor and descended the stairs down to the fourth floor. After appearing in court, Plaintiff was told to pay a fine on the first floor. Again, as there was no elevator access, Plaintiff attempted to descend the stairs. While descending, she fell, and tumbled to the bottom of the stairs. Plaintiff was transported to the hospital by ambulance and treated for a left knee fracture. As a result of the incident, Plaintiff claims she has suffered physical, mental, and emotional injuries. Based on the above, Plaintiff filed suit on March 25, 2014 against Mendocino County; the Mendocino County Superior Court; the State of California¹; and the Judicial Council of California/Administrative Office of the Courts (the "Defendants"). She alleges six causes of action: (1) violation of the Americans with Disabilities Act ("ADA"), (2) violation of the Rehabilitation Act, (3) discrimination on the basis of disability in violation of California Civil Code; (4) discrimination on the basis of disability in programs or activities funded by the state, in violation of California Government Code; (5) maintaining public property in a dangerous condition; and (6) negligence. Plaintiff seeks monetary damages and injunctive relief in the form of requiring Defendants to make the Courthouse's facilities usable and accessible to persons with disabilities, to provide alternative accessible facilities, and to provide notice that the fourth floor is not accessible. The Mendocino County Superior Court and the Judicial Council of California/Administrative Office of the Courts (the "Court Defendants") move to dismiss for lack of subject matter jurisdiction, arguing that they are immune from suit on all of Plaintiff's six causes of action due to the Eleventh Amendment [sovereign immunity]. They also move to dismiss Plaintiff's state law claims against the Mendocino County Superior Court, because Plaintiff failed to timely comply with California's Tort Claims Act which requires that any claim seeking damages from a public entity must be presented to that entity within six months of claim accrual. Finally, Court Defendants also move to dismiss each of Plaintiff's six causes of action on the grounds that they fail to state a claim for relief.”

FEDERAL JUDGE THELTON HENDERSON in his initial “discussion” of the status of the case back in 2016 wrote:

Barrilleaux has failed to meet the heightened standard for granting a mandatory injunction. First, the facts and the law do not "clearly favor" her. Although it is not disputed that the courtrooms on the fourth floor of the Ukiah courthouse are not accessible to individuals with mobility impairments, Title II of the Americans with Disabilities Act ("ADA") requires that public entities "operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities." Defendant County of Mendocino has presented evidence that four courtrooms in the Ukiah courthouse are "accessible by elevator." Judicial Defendants have also presented evidence that the court "regularly grants requests to accommodate individuals with disabilities, including but not limited to relocating Superior Court hearings at the Courthouse in courtrooms on floors that are not accessible by elevator to courtrooms on floors that are accessible by elevators. This includes requests by parties, attorneys, witnesses, jurors, family members, and observers." The court's Assistant Court Operations Manager and Co-ADA Coordinator "conservatively estimate[s] that, since January 1, 2012, on average, the Superior Court has received a request to relocate a hearing from a courtroom on a floor without elevator access to a floor with elevator access at least once a month. These requests are routinely granted, and I am unaware of any such request in that time period which was denied." Barrilleaux speculates that these courtrooms, "though on a ‘floor’ served by an elevator," might not "be fully and equally accessible,” but such speculation is insufficient to support granting a mandatory injunction. In the absence of any contrary evidence, this Court does not find the alternative courtrooms identified by Defendants to be inaccessible. Barrilleaux contends that each and every courtroom within a courthouse must be accessible, but the case law she cites does not stand for that proposition. First, the accessibility of the courtroom itself was not an issue in Shotz v. Cates, in which the plaintiffs "allege[d] that the wheelchair ramps and bathrooms at the courthouse impede[d] their ability to attend trials." In Tennessee v. Lane, the plaintiff was "compelled to appear to answer a set of criminal charges on the second floor of a county courthouse that had no elevator" and, when he refused to crawl or be carried up the stairs on his second appearance, "was arrested and jailed for failure to appear.” No accessible courtroom appears to have been available, or at least one was never offered as an alternative. Likewise, in Layton v. Elder, "the presiding judge conducted court in the first floor hallway to accommodate appellant," and in Matthews v. Jefferson, "there [was] really no place on the first floor," the only wheelchair-accessible floor, "to hold court." In this case, by contrast, the Ukiah courthouse has the ability to move proceedings to accessible courtrooms and has, in fact, done so.

This precisely follows the guidance provided by the Department of Justice's Technical Assistance Manual ("TAM") interpreting the ADA: D, a defendant in a civil suit, has a respiratory condition that prevents her from climbing steps. Civil suits are routinely heard in a courtroom on the second floor of the courthouse. The courthouse has no elevator or other means of access to the second floor. The public entity must relocate the proceedings to an accessible ground floor courtroom or take alternative steps, including moving the proceedings to another building, in order to allow D to participate in the civil suit.

This guidance "is entitled to controlling weight unless it is plainly erroneous or inconsistent with the regulation," which Barrilleaux has not argued. In light of all of the above, this Court cannot conclude that "the facts and law clearly favor" Barrilleaux.

Moreover, Barrilleaux has not demonstrated that she will suffer "extreme or very serious damage" in the absence of a mandatory injunction. She contends that she might be a litigant in further proceedings at the courthouse if her case in San Francisco County Superior Court is transferred to Mendocino County, and that she "intend[s] to return to Department G as a member of the public to observe proceedings.” However, the County argued, without any rebuttal from Barrilleaux, that these speculative, vague assertions of future harm are insufficient because "such ‘some day’ intentions — without any description of concrete plans, or indeed even any specification of when the some day will be — do not support a finding of the ‘actual or imminent’ injury" required to establish standing to sue for injunctive relief.

In addition, as discussed above, it is far from clear that Barrilleaux would even suffer any injury were she to return to the Ukiah courthouse, which the record suggests would accommodate her physical disability by moving to an accessible courtroom any proceedings in which she was a participant or which she wished to observe.

Barrilleaux's assertion of irreparable injury is also undermined by the fact that she did not request preliminary injunctive relief until more than two years after filing her complaint. Although she correctly observes that, in compliance with General Order 56, the parties initially engaged in settlement discussions, that process ended on November 2, 2015. Barrilleaux did not file this motion until eight months later. Had she believed any harm to be irreparable, the Court would have expected a more promptly filed motion.

Finally, the Court notes that Barrilleaux makes a new request for injunctive relief in her reply papers: that Defendants be ordered to make the so-called "accessible" restroom on the fifth floor of the courthouse fully accessible. This Court "need not consider arguments raised for the first time in a reply brief." However, Barrilleaux correctly observes that Judicial Defendants' own expert has identified multiple non-compliant issues with the fifth-floor restroom. While the Court will not grant relief based on an issue raised only on reply, it again encourages the parties to keep costs down by avoiding unnecessary litigation and attempting to reach a settlement in good faith.

For all of the above reasons, Barrilleaux's motion for a preliminary injunction is DENIED.

* * *

NOW here we are in in August of 2018 and it appears that settlement talks are continuing and the County of Mendocino may continue to be on the hook for something. We know of no physical changes in the courthouse or its bathrooms since this case was filed. We have been unable to find out what, if any, monetary claims or settlement offers have been made. But if it was up to us, we’d certainly order the Courts (not the County) to pay all medical and income related damages to Ms. Barrilleaux stemming from the accident and leave it at that.

A quick on-line check indicates that Ms. Barrilleaux lives in Sebastopol, is 63 years old, and was the proprietor of the Bambu Tea House Asian restaurant in Graton until they lost their lease and closed in November of 2015. According to an on-line photo of the now-closed Bambu Tea House it was fully compliant with the Americans with Disabilities Act.

(Mark Scaramella)

'DUKES OF HAZZARD' DEPUTY GETS HIS CRUISER STUCK!
North Hwy 1, Fort Bragg, Aug 5, 2018

Hi, here's a link to the 'Dukes of Hazzard' <https://youtu.be/pvwE5KvY3IU> video.

Robert Somerton, Fort Bragg

* * *

THE ACCIDENT in the video happened back on August 5 in the aftermath of a high-speed chase on Highway 1 at speeds up to 90 miles per hour. The Deputy was chasing Eric Miskey originally identified by State Parks rangers who reported that they had noticed a vehicle with a driver with an outstanding felony warrant. The driver took off and the deputy chased him and somehow the deputy and a bystander pickup ended up off the road in a ditch with a large collection of police and fire vehicles near where Mr. Somerton works. The white pickup in the field was apparently forced off the road by the pursuing deputy toward the end of a high-speed chase.

SOMERTON thought it might be a good time for the Sheriff to review his high-speed chase policy — if he has one, saying, “Looked to me like the deputy was passing over the double yellow line, forced a vehicle coming the other direction off the road (white truck in the field). Then slid his cruiser off the road sideways. Didn't look like they actually collided. I see cops talking, texting, passing and driving dangerously almost everyday. They've officially become the most dangerous road hazard out there!”

* * *

Background:

On 08/05/2018 at approximately 5:33 PM, Mendocino County Sheriff’s Deputies were detailed to MacKerricher State Park to assist State Park Rangers after they had located a vehicle that was registered to a missing person. The 4-door gray 2015 Nissan Altima bearing California License Plate 7NHR870, was registered to Eric Ronald Miskey of Chico, who also had a felony warrant for his arrest for evading law enforcement.

Deputies arrived and made contact with State Park Rangers. Deputies learned that just prior to their arrival, the State Park Ranger had made contact with Miskey and attempted to arrest him on his warrant when he entered his vehicle and fled into the campground. As deputies were obtaining this information, Miskey drove past their location.

Deputies pulled behind Miskey and initiated a traffic stop but Miskey again fled into the campground. Miskey circled the campground until he drove his vehicle through a wooden fence, nearly missing the parked State Park Ranger.

Deputies pursued Miskey out of MacKerricher State Park and southbound onto Highway 1 at speeds in excess of 90 MPH. Miskey swerved in and out of the opposing lane of traffic, passing vehicles as he continued southbound on Highway 1. Miskey attempted to evade law enforcement by abruptly turning into the driveway of an industrial complex and then continuing into a nearby vacant field, where Miskey was found attempting to conceal his vehicle.

Upon seeing the deputies, Miskey accelerated across the field, jumping his vehicle over a drainage ditch running along the highway and then continued southbound on Highway 1 towards the city of Fort Bragg. A Sheriff’s Deputy attempted to navigate the drainage ditch at a safe speed and the patrol vehicle became high-centered, which started a small vegetation fire under the vehicle which was quickly extinguished. Miskey was last seen driving southbound on Highway 1 from Airport Road.

If anyone has information related to this case or if anyone knows the whereabouts of Miskey, they are encouraged to call the Sheriff’s Office Communication Center at (707) 961-2421 or the Sheriff’s Office Tip Line at (707) 234-2100.

CATCH OF THE DAY, August 18, 2018

JESUS ALVAREZ JR., Ukiah. Infliction of corporal injury on child, probation revocation.

ANDRU CAMPBELL, Ukiah. Domestic abuse, false imprisonment, resisting, probation revocation.

MELESIO GAONA-BRAN, Fort Bragg. DUI, failure to appear, probation revocation.

DUSTIN GOLYER, Ukiah. Failure to appear, probation revocation.

RICKIE HARLAN, Fort Bragg. Disorderly conduct-alcohol.

COLE ICKES, Fort Bragg. Protective order violation, probation revocation.

RANDAL JENNINGS, Westport. Maintaining a drug house, narcotics possession for sale, paraphernalia, willful cruelty to child with possible injury or death.

RUSSELL KEANE, Fort Bragg. Disorderly conduct-alcohol.

JOSEPH LINDSAY, Fort Bragg. Transient registration.

JAVIER MENDOZA, Redwood Valley. DUI.

JENNIFER SHIELDS, San Mateo/Ukiah. DUI.

TYLOR ULUGALU, Comptche. Parole violation.

MARCOS VASQUEZ, Ukiah. Vandalism.

IS CAPITALISM KILLING US?

"The disappearance of species, the appearance of toxins in food, beverages, water, mothers’ breast milk, air, land, desperate attempts to secure energy from fracking which destroys groundwater and causes earthquakes, and so forth are signs of a hard-pressed planet. When we get right down to it, all of the profits that capitalism has generated over the centuries are probably due to capitalists not having to cover the full cost of their production. They passed the cost on to the environment and to third parties and pocketed the savings as profit."

unz.com/proberts/is-capitalism-killing-us/

ON LINE COMMENT OF THE DAY

“Remember The Maine!”

“Belgian Babies!”

“Gulf of Tonkin!”

“Kuwaiti Babies Tossed from Incubators!”

“Yellowcake!”

(Leaving out the more controversial examples….)

Need we say more? Why not?

In every instance a complicit “free press” promulgated fake news at the behest of ____________________. Fill in the blank as you choose. I don’t think there was much of a fact check effort.

Nothing has changed. If anything, the press is more united with ___________ than ever.

WHICH BRIDGE WILL FALL DOWN NEXT?

The American Road and Transportation Builders Association (ARTBA) listed 54,259 bridges that were deemed "structurally deficient" in 2017 and it would take an estimated 37 years to repair all of them. In total, American drivers cross structurally deficient bridges 174 million times every day.

zerohedge.com/news/2018-08-17/could-genoa-disaster-happen-us

THIS INTERACTIVE MAP shows the obesity and alcohol drinking rates of every county in America, with men topping both categories in overwhelming amounts.

komonews.com/news/local/interactive-map-shows-obesity-alcohol-rates-in-every-county-in-america

TWO YEARS IN THE LIFE OF COLIN KAEPERNICK

by Bill Berkowitz

On August 14, 2016, San Francisco 49er quarterback Colin Kaepernick began protesting police brutality and social inequality by sitting, and later taking a knee, during the playing of the National Anthem. His action started a national conversation, one that has often gotten sidetracked.

As of this writing, despite an impressive, albeit short career, Kaepernick has not been invited to a training camp of any NFL team. In October of last year, he filed a collusion suit against NFL owners, maintaining they are working together to keep him out of football.

As nbcsports.com's Mike Florio recently reported, "The NFL has filed a motion for summary judgment …, with the goal of getting the claim thrown out in lieu of a full-blown trial. A hearing on the motion occurred last Thursday, and NFLPA executive director DeMaurice Smith has confirmed that the arbitrator, Stephen Burbank, has taken the matter under advisement."

Smith told Jason Reid of TheUndefeated.com that both Kaepernick and former 49er safety, Eric Reid, who early-on joined the protest, "should be in the National Football League."

Do I believe that they are being unfairly targeted by the league? Yes. And that's not only what we believe. That's why we support them and why we've been working closely with their lawyers. They should be playing football. Without a doubt."

Mike Pesca, the host of The Gist podcast, began his recent interview with Howard Bryant, author of The Heritage: Black Athletes, a Divided America, and the Politics of Patriotism, with this: "According to a Football Outsiders study a few years back, 1,444 quarterbacks have thrown at least 200 passes in a season when they were 29 years old. Of those 1,444, guess how many were invited to play once they turned 30? The answer is every single one of them, with the exception of Colin Kaepernick."

By October of 2016, after several players joined the protest and most teams were grappling with how to deal with protests, Kaepernick was featured on the cover of TIME magazine, with the headlined "The Perilous Fight." Later, he would be named a runner up on TIME's Person of the Year 2017 shortlist.

When the season ended, Kaepernick's contract with the 49ers was not renewed, and he became a free agent. Kaepernick was not signed and didn't play during the 2017 season. Although he didn't appear on a field, his presence was felt in the culture: He donated more than $1 million to an assortment of local social justice organizations, and he initiated Know Your Rights camps. The camps aim "to raise awareness on higher education, self-empowerment, and instruction to properly interact with law enforcement in various scenarios," according to www.kaepernick7.com.

Kaepernick received numerous honors: He received the Sports Illustrated Muhammad Ali Legacy Award at the Sports Illustrated Sportsperson of the Year show in New York; He was named GQ's Citizen of the Year; the ACLU of Southern California honored Kaepernick at its Bill of Rights Dinner in Beverly Hills; and, in April of this year, Amnesty International awarded its Ambassador of Conscience Award in Amsterdam to Kaepernick.

Kaepernick's courageous stand sparked dozens of NFL athletes, college, high school and little league football players, as well as athletes from other sports to take a stand against racial inequities.

As is his wont, the president of the United States, who in his typically ill-tempered and politically opportunistic manner, chimed in by calling NFL players "sons of bitches." Trump has called for NFL players to be fined, suspended and fired if they protest during the anthem. HE even suggested that they "shouldn't be in country."

Earlier this summer, the NFL, still grappling with its national anthem policy, came up with a behind-closed-doors highly controversial policy, which called for fining kneeling players while offering them the option of staying in the locker room while the anthem was being played. The policy was criticized so heavily that the league temporarily suspended its enforcement.

During the first series of this year's NFL exhibition games, a handful of players protested during the playing of the anthem.

The Miami Dolphins wide receiver Kenny Stills was among them. When Stills, asked by reporters what it would take for him to stop kneeling, said: "It would take a lot. But I think a good first step for us as a league would be acknowledging what they're doing to Colin Kaepernick and Eric Reid. You can't say as a league that you support the players and the protest and then blackball the players that initially started the protest."

With the NFL regular season some three weeks away, it seems guaranteed that whichever way the arbitrator rules, the issues that Kaepernick raised will not disappear anytime soon.

(For Buzzflash at Truthout. If you believe in a free press not controlled by government or corporate interests, please make a tax-deductible donation to BuzzFlash and Truthout today!)

SOCIALISTS NEED TO FIGHT FOR ECONOMIC CHANGE – NOT JUST ANOTHER VERSION OF CAPITALISM

There’s a problem with this resurgence of interest in socialism, however. People cannot agree on what the term actually means.

huffingtonpost.com/entry/socialism-capitalism-change-economic-system_us_5b752833e4b0df9b093c2db3

SOCIALISM & MOLES

Editor,

Does anybody really know what socialism is? It's when the government takes over everything, it runs your lives. That's what the liberal, anti-American, pig sucking left-wingers want. They're all about converting our country to socialism. Unbelievable. People take our freedom for granted. They need to support the law and get behind Sheriff Allman and his good deputies. We need them now more than anything else because Jerry Moonbeam Brown’s sanctuary cities have allowed criminals to be deployed throughout our country. Leave Trump alone. Let him do his job. He will provide peace and prosperity. Liberals just want trouble, mismanagement, and other crazy stuff. Don't blame Russia. Russia will be on our side if war breaks out, count on that. Get your stuff together and let President Trump straighten this country out, the world will be better off, trust me. I've been right about everything since Trump started running for office and I'm not done yet.

God bless Donald Trump

Jerry Philbrick

Comptche

PS. Anybody out there having problems with moles? Those dirty little bastards push mounds of dirt up in your lawn or yard. They are incredibly smart. I have been fighting them in Comptche now for 50 years. I was up in Laytonville awhile back gathering some cattle. We were driving the cattle down a canyon and I was up on the ridge with my horse making sure no drifters got away. All of a sudden I looked down at the ground and there was a mole pushing up. I pulled my .357 Magnum out of my back pocket and shot at him. All hell broke loose! The horse bumped me off. The cattle stampeded and went into a fence. Some of them got into the highway and blocked traffic for hours. I was laying on the ground not far from where the mole pushed up gathering my senses and I heard a little voice coming out of the dirt saying, “Kiss my ass, kiss my ass!” And that just about did it. When I came home I was on a real tear, trying everything in the book to get those sneaks: gas, water, bombs. I've got one out here I cannot catch. He’s smart. But I will get him! When I do I will have him mounted!

OUT OF THE ASHES: Writing Stories & Poems from the Fires

Writing Workshops with Linda Loel, Michael Riedell, & Theresa Whitehill

If you were affected by the 2017 Mendocino County wildfires, we invite you to tell your story or express your experience in poetry with us in a series of writing workshops presented by three Ukiah Poets Laureate.

Introductory Writing Workshop Informational Meeting & Sign-Up: Sunday, August 19, 2018 at 1:30pm

Writing Workshop Schedule (attend one or more, there is no requirement to attend all three)

- Sunday, August 26, 2018 1:30-3:30pm with Linda Noel

- Sunday, September 9, 2018 1:30-3:30pm with Theresa Whitehill

- Sunday, September 16, 2018 1:30-3:30pm with Michael Riedell

Participants will have the opportunity to share their writings developed at these workshops at events planned for October in participation with Out of the Ashes, a community project organized by local artists, fire survivors, and other individuals who have come together to respond to the wildfires with community arts projects. They will also be invited to contribute their works to the Mendo Fire Storybook if they so choose.

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The Art & Craft Of Writing For Young Readers

The Ukiah Public Library and the Society of Children’s Book Writers and Illustrators are delighted to offer a series of presentations on the art and craft of writing for young readers by Mendocino County authors. The series features Rena Rockford, David Weitzman, Natasha Yim, and Jody Gehrman. Each presentation in the series will be held on the last Thursday of the month from July through October from 5:30-7:30 in the Ukiah Public Library.

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Thursday, June 28 Rena Rockford: HOW TO CREATE IDEAS OUT OF THIN AIR

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Thursday July 26 David Weitzman: STORYBOARDING & OTHER VISUAL WAYS TO PLOT YOUR STORY

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Thursday, August 30 Natasha Yim: REINVENTING FOLK AND FAIRY TALES: WRITING INSPIRATION FROM STORIES YOU ALREADY KNOW

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Thursday, September 27 Jody Gehrman: TEN TIPS TO MAKE YOUR DIALOGUE SING

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Thursday, October 25 WRITING FOR YOUNG READERS: A PANEL DISCUSSION

Rena Rockford, David Weitzman, Natasha Yim and Jody Gehrman.

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If you are interested in the program or want to find out more, please contact Melissa at the Ukiah Library: 467-6434 or carrm@mendocinocounty.org

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Mendo Fire Storybook Project

Have you been waiting to share your experience with the Mendocino Lake Complex fire, but weren't sure how you would tell it? Maybe you can't put it into words, because you express yourself through art. Or you can speak to others about it, but would have trouble putting it down in writing. If you feel ready to share, the Ukiah Library is ready to listen.

The Mendocino County Library, Ukiah Branch and Ukiah Valley Friends of the Library are accepting submissions for the Mendo Fire Storybook project. Please help us in telling the story of our communities - the sorrows, love, and resiliency. Our little corner of the world deserves to be remembered.

We are looking for:

- Written and visual works, including essays, prose, & narratives, poetry, 2-dimensional art and photographs. Topics may include (but are by no means limited to) what life was like before, what the fire experience was like for you, how life has been in the aftermath, what you have learned, or what others should know.

- If you are willing to verbally tell your story, we have writers interested in meeting with you to compose your story together. Please contact the Ukiah Library at (707) 463-4490 to schedule an interview.

We realize that asking you to bare your soul and then placing restrictions on it might be difficult. If possible, though, please limit word count to 2500 words or less (about 5 8.5”x11” pages, single-spaced)

Images should be in .JPG or .GIF format, and 300dpi at 100% resolution is best. We would be honored to assist you with scanning images if needed.

Submissions are due no later than September 29th, 2018.

Editors will then assemble submissions and undergo a selection process, and finally publish a compilation of the written and visual works into a book. The book will be available for sale, people whose submissions were selected will receive a copy at no cost, and proceeds will go to the Disaster Fund for Mendocino County.

Please email submissions to MendoFireStorybook@gmail.com. For questions or comments or to receive a submission form, email MendoFireStorybook@gmail.com, call (707) 234-2865, or visit the Mendocino County Library, Ukiah Branch.

MEMO OF THE AIR: BARDO

"Yes, that man has missed something who has never awakened in an anonymous bed beside a face he will never see again, and who has never left a brothel at sunrise feeling like throwing himself into the river out of pure disgust for life." — Gustave Flaubert

The recording of last night's (2018-08-17) KNYO Fort Bragg and KMEC Ukiah Memo of the Air: Good Night Radio show is available by one or two clicks, depending on whether you want to listen to it now or download it and keep it for later and, speaking of which, it's right here: https://tinyurl.com/KNYO-MOTA-0294

An odd show this time. Long conversations with callers Bill Olkowski, Scott Peterson and Alex Bosworth, and then with Lucky Otis, who arrived and promptly fell asleep entangled with Michelle 99 on the couch out front and came in later with some musical instruments to mess with. We talked about a hundred things, though radio mostly; Lucky grew up in radio stations all over, living with his grandfather. I should apologize to Scott; I didn't get to his story until so late that I decided to read it next week, early in the show, when more people are likely to be listening. He puts so much care and work into his stories and I want to be fair. So.

I always play something just before my airtime, to make sure everything's working; this time I used these:

1. Mary Lou Piland's story at a Moth event, about following your heart: https://tinyurl.com/MaryLouPiland
2. An Australian aboriginal artist's story, in English, though you need the captions, of the first time she saw a white man: https://tinyurl.com/StumpysFirstWhiteMan

In Other News: Also at http://MemoOfTheAir.wordpress.com you'll find a fresh batch of dozens of links to not necessarily radio-useful but nonetheless worthwhile items I set aside for you while gathering the show together, things where just hearing it wouldn't be enough. Such as:

Jimi Hendrix, 1969, Sweden.

https://laughingsquid.com/jimi-hendrix-stockholm-sweden-1969/

A happy little Muslim girl playing an electric guitar.

https://www.fark.com/vidplayer/10131706

Slow lightning.

https://tywkiwdbi.blogspot.com/2018/08/awesome-lightning-video.html

And photos of Lichtenberg figures occurring in skin. There's an episode of /Elementary/ involving this.

https://tinyurl.com/LichtenbergLinesInSkin

–Marco McClean