August 12, 2006 - Saturday

I was up early doing a final edit on another project, so didn't get around to today's entry until now (well after 8 a.m.). I'll just call it an unavoidable delay.

I received an email from the Ed Case campaign yesterday citing a mainland poll that has him close enough to Akaka to fall within the margin of statistical error, making the race appear a toss-up. I had to read the Advertiser this morning to find out that poll used a sample of all voters. The problem is that the election is the Democratic primary, where all voters don't count. And it was an automated poll, the kind of computer voice call that I immediately disconnect, knowing that it us usually an unwanted sales pitch.

Meanwhile, the Maui News reports that Ohio Congressman and former presidential candidate Dennis Kucinich is stumping the state for Dan Akaka.

And an email from Gary Hooser's campaign prompted me to check his web site, where I went to the calendar of events scheduled for Oahu. Unfortunately, those listings didn't link to any descriptions with additional information about the events, so I'm left pretty much in the dark.

One reader responded to my comments yesterday about records access at DCCA:

Hmm, you must buy to see? Not consistent with 92F-11(b) which allows the public to INSPECT and COPY.

I refreshed my memory by checking the statute. Paragraph (b) reads: "Except as provided in section 92F-13, each agency upon request by any person shall make government records available for inspection and copying during regular business hours." [Emphasis added]

9:25 a.m., after the next long interruption for whirlwind negotiations over a substantial terraced retaining wall to stop erosion on the small hillside next to our house. A contractor has been working on several large walls and stopped by to offer us a great deal because they've got leftover rock to use up or haul away. The deal got better as I balked another round of spending, but this has been at the top of my list as I've been watching the erosion.

Things are moving quickly, so I'm going to stop and post before it gets any later than it already is.

August 11, 2006 - Friday

I got an abrupt reminder yesterday about the fragile nature of routine access to information. Okay, I've been derelict in not spending any time at the Department of Commerce and Consumer Affairs checking business registration records since leaving the Star-Bulletin. For many purposes, their online system works well from a distance without having to go to the source.

But this work I'm working on something that uncovered a discrepancy and I decided to go back to basics. In this case, it meant heading for DCCA to look at the original copy of the annual registration submitted by a company, which lists officers and directors and, occasionally, offers a bit of unintended intelligence.

In addition to the "official" information submitted, for example, I've found yellow notes attached to the documents giving instructions for routing that made links between companies which appeared nowhere else, or notations indicating the law firm or accountant that prepared the report, again a potential clue.

So I cruised into the DCCA's second floor office in the old federal building downtown looking forward to a bit of hide and seek, and got the first shock--I was informed there are no more paper copies of corporate annual reports to inspect. They are scanned and then...I don't know what happens, whether they're destroyed or go off into an archive. I suspect the former.

Then came the second shock--the public can no longer directly view the scanned documents. At least that's what the person behind the glass-enclosed work space told me. I suppose they need the security bubble effect because people like me get a bit ticked off at finding public records not so public after all.

In their old location across the street, DCCA was making the transition to scanned documents and had several readers available for the public to use to browse the records. No more, or so I was told.

It's not that the information is totally off limits, because you can buy a copy of a scanned document for 25 cents a page. You just can't look at it first.

And the online version of their document system uses information transcribed from the originals and includes information compiled from different years, so is several steps removed from the original. In my work, those several steps can be very important.

I suppose that I'll have to follow-up and see if this is an accurate understanding of the current system. If it is, the public has lost some meaningful ground in the quest for openness.

How many lawyers really attended the American Bar Association meetings in Honolulu? A quick look back shows why I was getting confused.

Just before the meetings opened, Pacific Business News reported 11,000 registered participants. Other reports put the figure a bit lower at 10,700, the same figure used by an AP story on the meetings that got some play on the mainland. But both the Advertiser and the Star-Bulletin reported that there were only 5,000 lawyers registered for the meeting. So what was the real head count?

Oh, I was asked yesterday how Mr. Romeo is doing. In his last appearance here, he was looking pretty miserable following oral surgery that removed five teeth. I can report that within 24 hours he was back eating dry cat food (his choice). His mouth is fine, but in the last week he's gotten scratched up apparently defending the home turf from a wandering cat with a beautiful full fluffy tail. It could be jealously, since Romeo is one of those cats allergic to fleas and has chewed himself up pretty good chasing the stragglers that have not succumbed to chemical warfare. So Poor Romeo has several bald or nearly bald spots on parts of his body that are within chewing range. Hopefully we'll be past flea season soon and his coat can begin to grow back.

August 10, 2006 - Thursday

Yes, those are...chickens, lots of them, in a photo taken just after 6 a.m. yesterday. Folks behind the Kaaawa Fire Station feed the feral chickens every morning. I'm definitely a softy when it comes to animals, but--haven't they heard about the global threat of avian flu? If you don't feed the wild chickens, their rate of reproduction is balanced by neighborhood predators. With feeding, though, the population booms beyond the ability of neighorhood dogs and harvesting neighbors to control. What do we do?

In response to yesterday's comment about Hawaiian Telcom, a reader offered up this observation:

Apparently Hawaiian Telcom really doesn't care that much about its customer base. Its customer service reps are only available during regular business hours, Monday through Friday. They should at least expand their hours during the day and be available seven days a week until they get the mess they've created with delayed bills straightened out. 

"Regular" business hours? You've got to be kidding! Where's the PUC's protection of the public interest?

From animal activist Cindy Newburg:

The lawsuit and the dog story today (Wednesday) reminded me of the recent Honolulu Weekly article that incorrectly stated I am being " sued " by St Francis School for feeding feral cats on their property !

My trial - on a criminal trespassing charge -  was re-scheduled for September 12th as Sister Joan of Arc Souza ( the complaining witness ) didn't show up to court on July 11th.

Personally, I didn't understand why I was even included in the Honolulu Weekly story by Keala Francis about the feral cat problem at Kakaako park but it seems to me that any reporter doing a story on that situation should first take a look at the history of the area. The building of Kakaako Park in the 90's displaced hundreds and hundreds of feral cats that were already living there - some of them for generations.

Without understanding what the area looked like before the park was put in it's like people look around now and wonder where all the cats came from....   Then they blame the cat caretakers for feeding the ( now sterilized ) cats when really - not only did the caretakers not create the problem - they are the very ones doing the most to fix it !

Thanks, Cindy. And I'll put your trial on the calendar.

Another reader comments:

Interesting.

And, keep us posted on the case.

I guess, if Frisco has to appear in court, he can't go in his birthday suit that he's wearing.

He'll have to get appropriate court attire. Perhaps a judicial wig and the accoutrement of the British legal system?

Yesterday I received an email fromt the Ed Case campaign. I have to disclose that I've got friends who worked for Case when he was in the legislature and, as far as I know, continue to back his Senate candidacy.

But I've got to say, based on the text of his speech to the Hawaii Publishers Association, this guy's fallen off the edge of the known world. He jumps from a particular group's ranking of Senate votes to the notion that Akaka is an "extremist" from the 1% fringe on the "far left".

I was choking on my after dinner glass of wine while reading this, as anyone familiar with the political spectrum knows Case's characterisation of his opponent is, I'm sorry to say, basically dishonest or delusional. But, perhaps, all is fair in love and war, and this campaign is war.

But this is the same tactic used by the Bush and the far right of the GOP. Just call your opponents "extremists" and hope that the label will stick. Joe Lieberman's trying the same thing, although in his case polls are showing that opposition to continued military involvement in Iraq now is the mainstream.

And after yesterday's arrests in Britain, Bob Jones had a few thoughts on the beneficial impact on air travel.

This terror plot seems to be the best excuse we've ever had to ban carry-on luggage except for well-checked baby formulae and diapers.

We can do without medicines for one flight. Laptops and cellphones, too.

We all see that insane rush for overhead rack room to store all manner of stuff. Only Hong Kong seems to enforce those carry-on size-limits.

I take people from Hawaii overseas for Resch Tours and I'm shocked by the carry-on luggage of my passengers. I say "one small camera bag" and they show up with one full suitcase each to be stowed aboard as carry-on.

I'd like to see carry-on limited to a book and a sandwich (they'd have to leaf through the book and sniff the sandwich for explosive nitro-tufu disguised as mayonnaise and carried by some terrorist aiming at Charles Memminger of the Star-Bulletin.)

No more shoes. Scott rubber slippahs from Sears and Wal-Mart. No umbrellas. It seldom rains in a plane or an airport. And how happy I'd be not to share a co-seat with some dork watching old Lost episodes on his DVD.

The terrorists have done us a great favor and will make airline travel more pleasant.

Passengers will check in everything and board with a book, a hamburger, no hat or sweater or computer. We'll quickly get into our seats.

Thank you terrorists.

In some ways I agree, but in the current system luggage can't be locked and there's no way to secure all those laptops, cameras, and other items people carry, as well as a question of liability for the inevitable thefts. And I'm not even sure there's space for all those carry-ons in the typical luggage compartments. It is going to be most interesting to see how this plays out.

August 9, 2006 - Wednesday

A few moments to reflect on Nagasaki and "Fat Man"...and then on with the day.

Perhaps I shouldn't mention this, but it seems an interesting aspect to an otherwise typical legal case. Here's it is in a nutshell: I'm being sued in federal court by a dog. A small, black, miniature Pinscher by the name of Frisco that is being likened to Dred Scott, to be precise. Frisco is not the only plaintiff, but nearly four months into the case he's still a named party. And to clarify, the suit is against the Association of Apartment Owners in the building at the edge of Waikiki where we own a small studio apartment and, as the current president of the board, my name keeps coming up in the case.

At a distance, the case is a typical fair housing case brought on his own behalf by Honolulu attorney Randolph Amen (current suspended from the practice of law), who believes the condominium management is treating him unfairly and not making the reasonable accomodations for his disability required by law. But the inclusion of the little dog adds a whole new and interesting dimension :

Co-Plaintiff "FRISCO" is Amen's service animal under the federal Fair Housing Act, assisting Amen in his disabled condition, who like Dred Scott, is currently considered imply chattel and hence has no rights except under Hawaii state humane law and under the federal Fair Housing Act if those acts of federal and state enactment are to be construed to give FRISCO any rights, as opposed to his owner having those rights solely. FRISCO resides with AMEN and hence, whether he is given standing as a Joint Plaintiff as in the case of Dred Scott, or not, this Court has in personam jurisdiction and venue over him.

As an animal lover, I'm glad to see Frisco assert his rights, although as an interested party in the case I believe he's going to lose. The case number is 06-cv-203 in U.S. District Court in Honolulu.

Hawaiian Telcom still seems to be having trouble coping. Yesterday I tried to find out what it would cost to make a small change to my phone service, but got a recorded message that first apologized for the company's screwed up billings and then estimated the wait time to reach a customer service person at 16 minutes. I hung up. Later in the day, I tried again, but after going several minutes past the then-estimated six minute wait I again gave up.

I would think it's hard to survive in this very competitive telephone business when people can't get in touch with you.

August 8, 2006 - Tuesday

The Center for Defense Information suggests some questions to ask of Senators Ted Stevens and Dan Inouye, primary authors of the 2007 Department of Defense Appropriations bill reported out of the Senate Appropriations Committee.

"From Los Angeles to Maryland," USA Today reports, "the hot trend in cold cases is special units of retired detectives who are coaxed off the golf course to comb old files for new leads."

Look for these kinds of reports to grow as our cohort of early boomers hits the big 6-0 next year.

An Associated Press story on Forbes.com examines this year's national campaign issues and includes a look at the Case-Akaka campaign, including this line:

"The counterpoint to change is certainly experience and wisdom," says Andy Winer, Akaka's campaign manager.

There's the theme we will probably be seeing. In turbulent times, look to leaders with experience and wisdom. Dan Akaka, his campaign will assert, offers both.

A reader asked my reaction to the recent arrests of two Hawaiians in another protest landing on Kahoolawe, this time putting them at odds with the Hawaiian caretakers of the island won back from Navy bombing by a previous generation of activists.

All I can say is that it reflects the disarray and fractures within the Hawaiian community and the deference of local media in reporting on groups claiming the cloak of sovereignty.

It also led me to discover the web site of the American Secession Project, which is compiling information on active movements across the U.S., and to this commentary on these same issues as they arose in Texas.

August 7, 2006 - Monday

A local attorney attending the American Bar Association meeting contributed this observation:

Yes, the attendance is way down. They said 17,000+ attendance, but I doubt that figure. I saw more people attend the dental convention last year. In relation, in 1987, the ABA was here with about 25,000, but I think it was close to 30,000. When I asked my friends from the mainland if they were coming, surprisingly, many said it was too expensive. Even those that I spoke with today from NY said attendance was way down. They canceled the Business Law Section Subcommittee on Federal Securities Regulation for the lack of attendees. The State Securities meeting had four Hawaii lawyers and less than a dozen mainland attendees. In 1987, the room was filled with over 30 mainland attorneys for the same meeting.

The board of directors of Akaku: Maui Community Television has voted dissolve itself so that a new board can be appointed, according to a Maui News story by Ilima Loomis. Board members cited “irreconcilable differences” which have been reflected in a long battle between board factions spilled into the legislature and into state court, and led to the firing of long-time executive director Sean McLaughlin and at least one physical confrontation between board members.

A new local election-oriented web site has been launched, Hawaii Election Watch. According to an email release:

The site developer noted that, "Real news and comments about Decision 2006 in Hawaii is woefully lacking. Hawaii Election Watch is for anyone interested in the 2006 Election in Hawaii. We provide candidate interviews available 24/7, a public forum on our message board, commentaries, analyses, prognostications, campaign news and more. This site will appeal to teachers, students, active political participants, and voters who want to read and hear what is really going on."

The website has a fully interactive forum, candidate interviews, and will soon provide a wide variety of analyses. The developers expect the site to be hard-hitting, but caution candidates against using the site as a gossip pool. "State your positions, even state why your opponents aren't qualified, but be prepared to factually defend your assertions in a truly open, democratic forum. It is time that the town hall is opened for all the people."

"We encourage all candidates for public office to contact us to schedule an interview. Let your voice be heard. Literally!"

The first available interviews are with Board of Ed candidate Karen Knudsen, 2nd District Congressional candidate Brian Schatz, gubernatorial hopeful Randy Iwase, and Kauai Democratic Party chair Martin Rice.

Since I mentioned the Tamiflu contract here last Thursday, the story of the state's flu vaccine purchase has been "news", including a front page headline story in the Advertiser on Saturday.

In case anyone else is interested, here are a few more photos from Saturday's baby luau down the street. It's always amazing to see the process unfold, although this time around I missed a few key parts.

August 6, 2006 - Sunday

Please observe a moment of silence in memory of the atomic bombing of Hiroshima. And, lest we think that issues of nuclear weapons policy are of historical interest only, here are a couple of descriptions of the current U.S. nuclear arsenal, one from the Center for Defense Information and another from the Carnegie Endowment for International Peace.

The annual meeting of the American Bar Association at the convention center has been getting a modest amount of publicity, but one participant told us attendance is 30 % to 50 % below expectations and at least some ABA sections are worried about having quorums present for their formal sessions.

Now, I haven't yet read the full story about Scottish Socialist pol Tommy Sheridan's successful defamation suit, but this shorthand cast of characters from the Sunday Times is quite a read on its own!

It's been interesting to watch the Case for Senate campaign this week. Their advertising is largely devoid of information about Case himself, his policies or politics, perhaps wary of the strong anti-Bush backlash that has been battering Senator Joe Lieberma. Instead, Case ads suggest a need for "generational transition" and bypass the question of why voters interested in such a change would turn to him, especially in light of the growing public concerns about his ongoing support for Bush's Iraq policy.

Vote for Ed because, well, he's the only other guy who showed up this year. I'm not sure that's a winning posture.

Neither is all the whining and moaning about Akaka failing to accept the Case choice of venue, a debate. This is nothing at all new. Incumbants traditionally shun debates unless they perceive the race as too close, while lesser known challengers always want the exposure and prestige that comes from being seen going head-to-head with the incumbant.

Perhaps Dan's folks need to take this head on and explain the situation to the public in political terms. Debates aren't really for the public, they are opportunities for a challenger to perform to a larger audience. Challenges know this but lard their demands up with self-serving appeals to the public interest. Why expect a popular incumbant to give up their advantage--their familarity to voters-- in order to provide their opponent a ride on their coat tails to wider exposure?

In any case, it does make for a most interesting campaign.

This is the All City softball team from Manteca, California, which is currently playing in the Western Regional tournament for a spot in the Little League World Series for Junior Softball. My nephew, Kimo, is coaching and Brianna, one of his daughters, is on the team. Just click for a larger photo.

And this is the other end of the imu shown here yesterday. It was opened just after 4 p.m., about 10 hours after everything went in. This photo was taken just after the layers of burlap bags and banana leaves were removed to reveal the roasted pork. As usual, just click for a larger photo.