Nixon Ferguson Missouri Press Conference Out of Control; Where Is President Obama?

Governor Jay Nixon looked visibly angry throughout a late-afternoon press conference held in Ferguson Missouri today wherein the governor announced a 12 a.m. to 5 a.m. curfew. Those in attendance were firing off questions in rapid succession and not allowing the governor time to reply.

One questioner asked, "Why hasn't Darren Wilson been indicted . . .;" and

another yelled, "what about the media . . .  will the media be allowed in the streets;" and

yet another claimed that "police attacked women and children last night . . ;" while

someone else chimed, "why can't these officers be in front of all these businesses . . . instead of putting a curfew on these people?"

The atmosphere was as chaotic as the late-night riots that have been emblazoned across America's television sets the past several days. It seems that there is no one -- not a governor, a congressmen, a police captain, or an FBI agent that has any real idea how to deal with the massive racial under and overtones that permeate the collective Ferguson consciousness.

Is President Obama -- who was inarguably elected in part because of his perceived place in American History as a racial unifier -- the only person who has any hope of taking a terrible situation and turning it into something possibly positive as opposed to what currently has the very scary echoes of George Wallace at the school house in 1963?

It seems clear that only the current President of the United States who had a black father and white mother can come to this small town in Missouri and try to restore order within a city population that is nearly half black and half white. What better stage could our extremely symbolic president have to show that the United States truly is ready for cross-racial unity and acceptance of a more and more diverse population, THAN the the Ferguson Missouri backdrop that appears to be a microcosm reflecting America's often-ignored great racial divide?

This past week in Ferguson, America has seen primarily white police forces and white executive office holders try to deal with a primarily black population of protesters that are upset by the killing of a black Michael Brown by suspected-white police officer Darren Wilson. Even the white politicians noticed this and so they recently brought in a black highway patrolman who hails from the Ferguson area to try a new approach to crowd control. However, black Ferguson protesters have apparently seen this for what it is -- a ploy by white people in power to pacify a black population that clearly thinks that whites in power treat blacks as if blacks somehow have less rights than whites.

Clearly no one has discovered it, but amidst all of the Ferguson chaos there lurks an opportunity for SOMEONE to bring reasonable citizens of America together in a much needed way.

Red Light Camera Opponents Score Another Victory As Attempt To Gut St. Charles County Ballot Measure Fizzles

St. Charles County Councilman Cronin found himself without any support from his fellow Councilmen when he attempted to effectively derail the impact of a county-wide referendum on banning Red-Light Cameras.  Cronin had attempted to alter the ballot measure to say it would only cover the unincorporated areas of St. Charles County, rather than the cities which Red-Light Camera opponents had intended.

"The unincorporated areas of the county don't have any Red-Light Cameras, so this attempt at an end-run around the intent of the ballot measure would have been an insult to voters," said Red-Light camera opponent Attorney Michael Carter.  "County Councilman Joe Brazil who sponsored the original ballot measure, and his fellow County Councilmen are to be commended for standing firm in their commitment to let the voters decide."

Councilman Cronin contends that the measure will result in lengthy litigation between the County and the City of St. Peters, which has threatened to sue the County if the measure passes.  Carter says St. Peters may be less enthusiastic about going against the will of the people since city residents will be voting as well.  "This is not a fight between people who live in cities and those who don't.  City residents in St. Peters have never been given a chance to vote and express their popular will on the subject of Red-Light Cameras.  If they agree that this is nothing but a money grab by elected officials and, as St. Peters' own Police statistics showed, causes more accidents not less, St. Peters residents may send their own officials a message in November," Carter explained.

Carter has sent out updates to tens of thousands of St. Charles County residents on the issue and says he will be working hard to educate voters prior to the November 4th election.  "I'm hoping to organize a forum and issue a challenge to the Mayor of St. Peters to debate the issue before the press and public.  This is the first ballot test of Red-Light Cameras in Missouri.  If voters support the county-wide ban it will send a powerful message to our elected Representatives and Senators that a statewide ban is needed," explained Carter.

Today 11,000 St Charles County Voters Will Receive Pocket Constitutions

Dear Fellow Citizens:

 

On May 8th of this year, as a public service, I sent a letter to the citizens of St. Charles County asking them to support a county-wide red light camera ban.  The bill offers voters an opportunity to end red light cameras in the county once and for all.  I am writing again, this time to update you on the status of the red light camera bill, and to share with you information about other important measures which will appear on the August 5th election ballot.

 

For those who were able to attend the council meeting and offer their support of the ban I would like to offer my thanks.  The St. Charles County Council gave a nearly unanimous vote to place the red light camera ban amendment on the November 4, 2014 ballot. While I wish the ban had been placed on the August 5th ballot to vote on, I am still happy that we  prevailed and the citizens will have the opportunity to vote.

 

Included in this letter is a copy of the United States Constitution. I hope you enjoy yours as much as I do mine.The 6th Amendment of the Constitution guarantees your right to a speedy trial and the right to confront witnesses against you.  When a camera machine is the only witness to the alleged violation however, it makes a cross-examination rather difficult.  A Red Light Camera has a limited view of the incident (about 100 degree field of view), whereas a police officer can have a complete view of the incident (360 degrees) and use his or her discretion.  

 

Politicians who favor Red Light Cameras often do so under the guise of increased traffic safety.  But according to the St. Peters Police Department, the rate of accidents and injuries have increased over 30% at those intersections in St. Peters where Red Light Cameras are installed.  A study by the Federal Highway Administration also indicated that rear-end collisions increase as a result of Red Light Cameras -- ultimately offsetting any other potential collision reductions.  The primary reason for the cameras is as a money grab by local politicians.

 

While the Red Light Camera issue will not be on the ballot August 5th, there are eight county and statewide amendmentsincluding one to increase sales taxes by ¾ of a cent.  

 

I have enclosed a short summary of the eight issues which you can use to study, mark how you intend to vote, and take with you to the polls to keep the myriad of issues on the ballot straight.  If I can answer any questions about the Red Light Camera issue, or any other matter, please feel free to contact me.  Thank you.

 

Michael E. Carter

I-Phones Are Killing St. Louis Time and Temperature Service 321-2522

 

 St. Charles County, MO, July 24, 2014 

"It will be a really sad thing to shut down St. Louis' time and temperature; I've had people tell me they often called the number late at night in the 1980's and 90's and even 2000's as a teenager so their boyfriend or girlfriend could call while they listened to our service over and over on the other line AND THEN would click through to their boyfriend with call-waiting on the other line so the phone wouldn't ring and wake their parents. There is a lot of history here" 

The number of calls to St. Louis' free time and temperature service is falling. No, it's not the mild Summer weather in St. Louis this year, but rather the free and easily accessible weather information on the growing number of smart phones. 

Attorney Michael E. Carter, the operator of Time And Temperature, said that "we used to get over 500,000 calls per month, but that is steadily decreasing to where we are lucky if we get 250,000 calls in a month and many many of them are repeat calls. I watch it closely because our law firm advertising on the service is directly impacted." 

Here is a sample Time and Temperature Advertising Announcement http://tinyurl.com/TempTime  

 

The free time and temperature service has been around since the 1930's when people originally dialed FA1-2522. Since then, a line of several banks took over the service until August 2002 when Bank of America turned it off because it wasn't part of their marketing mix.  

Then, in 2005, then Senior Lecturer Michael E. Carter's UMSL marketing class looked into re-establishing the line and was able to procure the old phone numer which Southwestern Bell had said was a "retired number."  

"It had been three or so years since Bank of America turned it off, but when we plugged in three or four phones and the 321-2522 number went live; low and behold, it started ringing instantly and constantly. I guess people still dialed the number out of habit. It started at like 300 a day right away and then quickly climbed into the 1000's and around daylight savings time and during other weather-related events it would climb to 30,000 and even 40,000 calls a day," said Carter.  

In recent years Carter says the call count has continuously went down. Nearly every smart phone has the weather incorporated into the phone's services. He also noted that more and more vehicles have outside temperature indicators in the cabin. 

Carter said "it is really a sad thing to shut down St. Louis' time and temperature; I've had people tell me they often called the number late at night in the 1980's and 90's and even 2000's as a teenager so their boyfriend or girlfriend could call while they listened to our service over and over on the other line AND THEN would click through to their boyfriend with call-waiting on the other line so the phone wouldn't ring and wake their parents. There is a lot of history here" 

Contact: Dixon 636-916-4040

felicia@carterlegal.com

St. Charles Attorney Mike Carter Curious About Possible MoDOT Use Of Public Resources To Promote Campaign For Amendment 7

Are These MoDOT Signs Promoting A Tax Increase? Pictures Taken Near Highways 44 & 55 

St. Charles, MO July 22, 2014

It is supposed to be against the Missouri Constitution to use taxpayer dollars or public resources to promote political campaigns. So, St. Charles Attorney Michael E. Carter is curious as to whether the Missouri Department of Transportation is doing just that by using electronic roadway information signs to convey the message, “Fix Our Roads & Bridges.” (See picture insert)

“Government bodies sometimes seem to skirt the law by conducting what they like to call public informational campaigns that don’t advocate voting one way or the other,” explained Carter. “But the MoDOT type construction signs we've been seeing in the metro area don’t have much in the way of public information. Instead they seem to admonish the public to fix our roads and bridges. MoDOT would certainly take a dim view of individuals taking it upon themselves to make highway repairs, and as they seemingly don’t have to remind themselves that they are the ones who fix highways, one can only conclude this is advocacy for Amendment 7.”

Amendment 7 is a ¾ cent sales tax which will appear on the August 5thballot. Carter said he believes the public should be free to make up its own mind on the issue without public resources being used to persuade them.

"If this construction-type signage is being done by MoDot, we must remember that those signs belong both to people who support this tax increase and also to those people who don’t support the issue. It is unfair to use the money and resources given collectively to support public improvements and services to be used for political advocacy,” stated Carter. He further added that if these are construction-company-owned signs, they should not be using universally accepted governmental traffic construction type signs to promote tax increases under the color of traffic control authority.

Carter also pointed out that MoDOT routinely has to take down the signs of politicians and individuals who put up signs on the public rights of way. “To turn around and then put up their own version of a campaign sign (or allow them) on the public right of way, using public equipment, and public employees would be cause for great concern."

Mike Carter is an independent minded citizen attorney who values freedom from governmental intrusion above nearly all else.

Contact: Dixon 636-916-4040 felicia@carterlegal.com

LawCarter.com 

Red-Light Ban Discussions Limited At Council Meeting; Ban Still Goes To St Charles County Voters

Sent via IPhone App - please excuse any typos

For Immediate Release

St Charles County, MO, May 13, 2014 --  Tonight the St Charles County Council expanded comment time limits for a local law firm that attempted to create a historical narrative of the genesis and intent of the county charter of St Charles County.

This is very uncommon and appeared to be prompted by St Peters Mayor Len Pagano. The city used that same local law firm to to draft St. Peters' red-light camera ordinance which was found to be in conflict with state law by Judge Ted House in St Charles County Circuit Court.

No other speaker used nearly as much time as the law firm representative. Also, only a limited amount of citizens were allowed to speak due to time constraints. Many in attendance would have rather had more individual speakers rather than a 25 minute session for a law firm during the "public comments" section of the council meeting. All subsequent speakers were restricted to three minutes a piece after the special protracted time grant by the council.

Both St Peters and the law firm likely aren't pleased that St Peters' red-light camera ordinance failed under the scrutiny of the courts just a few months ago. That ruling is on appeal with the help of the same local firm. The city having relied on the failed ordinance has now began assessing points to alleged red-light violators within St Peters.

Conventional wisdom is that red-light camera vendors and cities do not want points assessed for two reasons: 1) most citizens pay closer attention to violations that can suspend their licenses based on the accumulation of points on their driving record and so there is more resistance to just "paying the fine" as a nuisance value and you can't simply give citations to the "owner" of a car for matters that involve "points" (this brings revenue down too); AND 2) once several unaware drivers DO start receiving suspension notices from the DOR that their license is going to be suspended or revoked for allegedly running red-light camera intersections in St Peters there will then be a lot if kick back from what would have otherwise been just drivers "aggravated" by a fine yet unaffected by point accumulation.

With regard to the legality of the proposed countywide charter amendment to ban red-light cameras; the St Peters City lawyer on hand would commit to no words stronger than "could violate the spirit of the charter" and at one point said that it is actually completely legal to amend the county charter (under Executive Ehlmann's questioning -- a former legislator, judge, and historian) .

Mayor Pagano compared his city to a neighborhood association and how certain communities wish to protect their local interests similar to the county's relationship with his city.

However, District 3 County Council candidate Michael E Carter in attendance found Pagano's analogy odd and said, "first of all, neighborhood associations don't invite everyone throughout the county to come visit their neighborhood like St Peters does it's mall, businesses, schools and other services; by near necessity, non-St Peters residents are constantly in St Peters and do have a say about public roads in and out of all the municipalities like St Peters. And, you bet your bottom if a neighborhood association within St. Peters' city limits decided it would ignore St. Peters' housing codes because their community wanted to do so; well, let's just say the mayor wouldn't allow it."

In the end - after quite a few legislative gymnastics - Councilman Brazil was able to get a nearly unanimous YES vote from the council (only Councilman Cronin abstained) to place the red-light camera ban amendment on the November 4, 2014 ballot for consideration of voters throughout St Charles County.

Contact. Cronin/Dixon 636-916-4040 felicia@carterlegal.com

New Wentzvillian Watching What Goes On In Missouri State Capitol As Special Interest Bill To Help Red Light Camera Industry Considered

House Bill 1557 is being pushed by the Red Light Camera industry in an attempt to keep the money machine rolling for the out-of-state vendors and the money grab by some local municipalities going.  The New Wentzvillian is carefully watching this legislation and will let the public know which local legislators stood with the people and which stood with the special interests pushing this bill.

Following reversals in court, the lobbyists for Red Light Cameras went to work on a bill to try to satisfy the court's objections that the municipalities using Red Light Cameras weren't assessing points on a driver's record the same as when someone was stopped by a uniformed officer, effectively nullifying the ability of those cities to collect the fines.

This special interest piece of legislation would say that points would not be assessed on Red Light Camera violations.  This strips away any argument that Red Light Cameras are for safety and exposes that they are just a way for the communities where they are to make money at the expense of the driving public. State Representative Dave Hinson, the sponsor of this break for the Red Light Camera industry, which primarily affects urban areas, represents the 119th District, a mostly rural district centered on St. Clair in Franklin County.

On May 1st it was placed on the informal Senate calendar, meaning that the bill could be taken up at any time for a vote in that body, having already passed the House.  The President Pro Tem of the Senate, State Senator Tom Dempsey (R-Dist.23), is our only representation in the Missouri Senate following the resignation of State Senator Scott Rupp to accept an appointment from the Governor.

Senator Dempsey (R)

We met with a representative of Senator Dempsey's office recently who was cordial if somewhat noncommittal on what the Senator would do.  Previously Senator Dempsey has expressed his opposition to Red Light Cameras and we hope that he will use his considerable influence as President Pro Tem of the State Senate to oppose this special interest legislation.

The Red Light Camera vendor (Redflex) for St. Peters is under Federal Indictment for fraud, corruption, and bribery and is under investigation in 13 states.  The City of Wentzville, under the leadership of Mayor Nick Guccione, has rejected Red Light Cameras.  St. Peters is currently the only city operating them in the county.  County Councilman Joe Brazil is sponsoring a Charter Amendment that would ban Red Light Cameras throughout the county.  The measure will be heard at the County Council meeting on Monday May 12th at 7:00 at 100 North third Street in St. Charles.  The New Wentzvillian will be there to cover the meeting and let you know how our County Council members vote.

As an attorney and formal municipal judge, I have been fighting Red Light Cameras from the beginning as being an assault on civil liberties, privacy, dangerous, and a money grab by politicians.  Red Light Cameras have proven to be counter-productive to safety as the rate of accidents and injuries have increased over 30% in St. Peters at the intersections where they are installed according to the St. Peters Police Department's own statistics.