The thing about living in Michigan and having an emergency financial manager take over your school district or your town is that the emergency manager really does have dictatorial power. If that person says your school is closing, then it's closing, unless that person changes his or her mind.
In Benton Harbor, a mostly black and poor town with an emergency manager, folks are just waking up to an order the manager issued on May 4 that restricts access to the public waterfront park. Jean Klock Park was deeded to Benton Harbor in 1917 "in perpetuity." Part of it has been turned into a luxury golf resort, with the help of an economic development group that until recently included the sponsor of the emergency manager law on its board of directors.
Under the new order, first reported by the Michigan Messenger, people will only be able to use the park between 10 a.m. and 10 p.m. -- no more early morning walks along the lake. What's more, emergency manager Joseph Harris has decreed: "The annual season during which Jean Klock Park is open begins on each May 1 and ends on the following September 30, inclusive." That would appear to mean that "in perpetuity" could stop in the fall and pick up again in the spring.
Friends of Jean Klock Park say it had been open from 7 a.m. to 11 p.m. year-round. Park advocate Clellen Bury has posted a letter to Mr. Harris suggesting that the park has been closed off because of preparation for upcoming athletic events, including a Senior PGA tournament next year. The new order violates both the deeding of the park and the city's lease with the golf resort, the advocate writes. The message includes this: "As my tax dollars are being used to pay for your salary, I would appreciate a full and prompt response to the concerns and points I have raised in this letter."
But Mr. Harris need answer to no one in Benton Harbor. He has stripped the local elected officials of all but their most ceremonial powers. Benton Harbor is now run by one state-appointed person. Over on Eclectablog, you can find a critique of the emergency manager law from a Tea Party perspective -- I recommend reading it. UPDATE: We've got a call in to Mr. Harris, and he's hosting a town hall tonight. If we find out more, we'll post it.
(Image: The new lakefront golf course in Benton Harbor, and what's left of the town's park. Photo used by permission of Anne Savage Photography)
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I wonder what would happen if the entire town went on a "tax strike". I know I'd like to find out if it's legal to require me to pay taxes when I have zero say in how my town is run through the electoral process. Can't imagine a judge would see that as reasonable. Here is a real case of taxation without representation and yet you hear nothing from the Tea Party folks and their ilk. Maybe if it was a predominantly white community they might care a little more.
I kind of remember something about a revolution that was fought over taxation without representation.....and some kind of event in Boston Harbor to protest that very subject.....now where have I heard of those things before?
You probably heard it from Paul Revere, Uffda, when he was riding his horse through town, shooting his gun and ringing bells and warning the British.
Tax strike is OK, but what about a Morning Walk-In. Just citizens peaceably assembling and out for their morning constitutionals in the park before 10am.
Makes for better pictures than people not writing checks.
Excellent idea. An old-fashioned sit in would be impressive.
Absolutely. Benton Harbor needs a sit-in picnic.
Better hope he's a Dem judge. If he's a Repub your house goes to that park and that's where the parking will be.
good one damnskippy :)
The problem is not enough taxes paid already that is why the Governor made this happen. Even if taxes went up, and everyone paid, it wouldn't be enough to save this place from the wealthy corporate community currently taking over Wisconsin.
The republican agenda is to run the clock back to the 18th century, and have a completely open commercial society only with today's technology, an inflationary spiral that will strip the middle class of any savings, no health care, and limited education.
The plan is to create a country similar to Argentina, Columbia, Bolivia. There are no middle class to speak up, you either have money or you don't. And, if you have it and lose it, to bad. Dog eat dog, its political alliances that matter.
I agree with you for the most part, I just have a very hard time with just throwing in the towel. I am very worried about the future of many people, including my own. I cannot stand the thought of allowing the country to be gobbled up by corporations and bailing out wealthy and those CROOKS that sold us down the river with their risky deals (derivatives) and now Greece will get bailed out and our Treasury is worth less because of THEM, not working people, not the usual folks that get blamed.
World, it is more like Haiti....... or Louisiana..... Hmmm
One of the many reasons more attention needs to be paid to the recall effort of Governor Snyder. Believe it or not, surprise surprise, it's not getting a lot of media coverage here in Michigan.
I agree, this is also happening in Wisconsin, Texas, Florida, and every where there is a republican governor. The key is to vote these wealthy corporate politicians out of office, and turn the tables on them.
The voter revolution is here, if we don't make a move to make this happen we will lose the middle class, and the American dream will be a thing of the past.
We need to pay close attention, those that feel entitled to public office based on their money should not be rewarded with being elected. CA did not fall for the mega buck candidates. I hope we can see the voters see the money being spent on most ads, etc. Since the Supreme Court said, go ahead, corps, buy the government.
One of the many reasons the people of Michigan need to become more involved with the recall of Governor Rick Snyder. Some of the residents still don't know where to go to sign a petition, how to get involved. Locally, the newspapers and t.v. media are giving the recall very little coverage. Maybe Rachel, you could enlighten your viewers again. Oh by the way, a new anti-collective bargaining bill is being tossed around again here. Wake up Michigan!
Is it just me or is anyone else not able to see the photo?
It might be just you. I can see it without any issues.
Make sure your adobe is up to date? I have no problems getting the photo to work either...
Just updated adobe, but still can't see it. "shrug"
I can see it, perhaps some other "video" player? It is a video. When I "right click" on it, it says Flash Panorama Player, but I use Mac, so.... It does say Adobe Flash Player and Flash Panorama Player.
I couldn't agree with you more. It seems that every day our dictator/governor gets a little more control over the people. Not only are voters unsure of what to do regarding the recall, we have cities like Burton that are making difficult and daunting to even sign the petitions. It's like Democracy in reverse.
I couldn't agree with you more. It seems that every day our dictator/governor gets a little more control over the people. Not only are voters unsure of what to do regarding the recall, we have cities like Burton that are making difficult and daunting to even sign the petitions. It's like Democracy in reverse.
How can this be? Michele Bachmann was saying that the government was taking away our freedoms. (By government, I assumed she meant that awful Obama and his freedom hating Democrats.) Maybe someone should alert her to this situation, so she can fix things for "(We) the people".
I cannot see the picture either...
The only reason Republicans are against big federal government is because they have made themselves dictators at the local and state level of government and don't want the people to have any recourse against them.
Most real estate deeds are in perpetuity. When you purchase your home, the deed is in perpetuity which merely vests all legal rights to you including the ability to sell the real estate. The question is whether there is a covenant regarding what happens with the property if there is a condition to the gift. For example, Northwestern University in Illinois was deeded with the covenant that no liquor could be sold on campus. Some deeds provide that the gift is revoked when the covenant is broken. These type of covenants are perfectly legal. However, these conditions were used to prevent the sale of real estate to minorities and those covenants are illegal and unenforceable.
Are white golfers a minority?
A similar grant in Seattle that created Woodland Park Zoo & Park. It was tested leagally, the city lost, the park & zoo stayed.
This absolutely, positively CANNOT be constitutional... perhaps a league of pro-bono attorneys should ban together and invade the statehouse and courts much as the union supporters protested in Wisconsin. The Bar in the State of Michigan surely has the power - and responsibility - to formulate an appropriate response.
As for a peaceable walk-in in the city park between the previously normal hours - what a superb idea! And yes - that would DEFINITELY get press coverage. MLK, Jr. did so in Birmingham, and the result was filling the jails and public school cafeterias and athletic complexes with people who were "disturbing the peace" via the interpretation of the law by one man - the Chief of Police, "Bull" O'Connor. He set dogs and fire hoses on blacks and sympathetic white protestors, and it was the national coverage of that clash in particular that stimulated President Kennedy and his brother, Attorney General Bobby Kennedy into a federal response. Was it worth it? You be the judge of that.
Surely, there can be a petition to recall - but as you said, the word is not getting out. So odd for a state once known for its ability to place vehicles in any town, anywhere and communicate to everyone that reaching the masses with a message was the most imperative thing any successful person could do. Barack Obama - whether you like him or hate him - was the master of communicating to the people who mattered most in a tough election - he reached out to the under-thirty crowd in a way that reached the most people in the fastest and most efficient manner: the internet and phone banks. Can this tactic not be used here? Obama rarely paid people to do this - it was a grassroots campaign, through and through.
In sum, I think this *can* be won - and won quickly. But the movement needs focus and intent, not an overwhelming sense of despair.
I wish the people of Michigan luck. You have a lovely state, and it's worth saving. I'm rooting for you, and have been from the start.
Sincerely,
Laura in Tennessee
Thanks for the wish of luck. I do want to let you know that there are many "grass roots" type campaigns all around Michigan. Most of them are younger citizens, and they are very enthusiastic. They may not be able to do it all, but they are doing a great job.
Remember also that we still have a horrid unemployment rate, our roads are "sub-par" (deliberately to ensure job security), and our schools are failing in all but the wealthier neighborhoods. Its rough out here. Beautiful country and lovely people, but a rough living.
Phd2..@ # 11, One would think that a bunch of unemployed or under employed lawyers could band together and volunteer to take on the case to challenge this guy's edit (eedit). It would help to keep their skills sharp if nothing else....LOL
Frankly, folks in the blue states need to keep on their toes too.... especially at the local level i.e. county and city/town.... because it is best not to trust anyone of these polititians.... there are some govs that can be dino's, as well, or even if they are not, they sometime favor the rich and the corporations in their states by giving them tax breaks too. Maybe not as humongous a tax break as the republicans have done but still yet.... Hmm
It time for people power..... Folks in the blue states should support their fellow folks in the red states that are trying to recall or stop the onslaught on their rights by these republican govs/polititians/judges etc....
Imagine, private for profit prisons are lobbying these folks to hand down longer sentences. One could imagine that this is not only being done in repub controlled states alone... Hmmm
Listening to some of these ex-govs who are supposedly dems gives one pause.... especially when they agree that programs like SS, medicare, medicaid and other safety nets should be on the table for consideration for cuts..... hmmm.
The masses had better start looking out for their own interest as these polititians are only looking out for themselves and their big donors.....
Some dems in congress are quetionable too.... they seem to want to sell the middleclass down the river to serfdom....quietly, by allowing the repubs to get their way without a push back or much of a push back. Hmmm
As the saying goes, trust but verify.....
I agree, the lawyers could be brought in and that we should all band together as working class people (only many are jobless).
They will draw out the court cases for months or years, but in the meantime, we voters have to become more aware of who is doing what to whom. Vote accordingly. The system is now straw man this and straw man that, blame them, no blame them... Who does anything for working people and who does things to harm working people (and non working). Who keeps fighting to cut taxes and cut Medicare and all those things, bust unions?
Hmmmm..... indeed.
I really appreciate following this story on TRMS. It is so sad to realize Benton Harbor has probably been strategically choked to death over the past decade by secretive politicians who actually work for corporations which have long targeted these public properties as their future corporate playgrounds. Had it not been for the "targeting", the economies of these small municipalities would probably not be in a bind, and, most likely, the bind has probably been falsely exaggerated to accelerate the transition to a dictatorship, quickening the transition to a corporate playground. Just as America has been choked by false GOP claims that taxes are too high and regulations too strict, countless States and municipalities across America are now being secretly pushed toward failure in the same fashion.
I don't understand the mind set of some Americans. How is what is happening in Benton anywhere near legal, and why can't the Feds just come in and say, "Sorry bud, this you definitely can not do in the United States. We do not allow such dictatorial powers in this country. Go back to your governor and tell him his powers are not all consuming and if he doesn't get rid of you, we will arrest you and him for crimes against the constitution."
The government are trying but the people are the ones that need to stop putting this kind of people in. The people need to stop listening to the lie and do some fact checking before they vote.
General Strike in Benton Harbor.
Force the rat-bastard governor to call out the national guard!!
I am disgusted that public places, perhaps the one place of enjoyment it ripped away from public and made into a golf course.
I am disgusted to think of people being tossed out of homes and just keep having jobs, ages and other things taken away from them, or priced just out of reach...
Maybe everyone can pint their michigan friends here
http://www.facebook.com/pages/Recall-Governor-Rick-Snyder/113418962065885?ref=ts&sk=app_7146470109
A petition drive is underway RIGHT NOW to gather signatures to force a referendum of the people on Public Act 4 of 2011 -- the Act under which Emergency Manager Harris, and the others around the state, have their new-found, and extreme, powers.
Go here: http://michiganforward.org/?page_id=678
to find out more.
Thank you TMB for still covering this! It matters.
Rebuttal to a Right-Wing Argument for Michigan's EFMs
Nothing in Mr. Van Lente's argument addresses the fundamental infirmities in the EFM system: decision-makers are sent from on high to make local decisions without being politically answerable to the constituencies they govern in any meaningful way. That does violence the basic concept of the social compact upon which our democratic political institutions are premised ...
Article:
Rebuttal to a Right-Wing Argument for Michigan's EFMs
A law professor rules on MI GOP!
If a dozen people go on a tax strike they'll go to jail. If the whole town does it, they might get somewhere. If a dozen people trespass in the park, they'll be arrested. If the whole town is there, they can't arrest them all. Organize first. There's strength in numbers.
If they take over your town/state/country and there's no legal recourse, then you have to find another remedy. The American Revolution wasn't "legal". Egyptians deposing Mubarak wasn't "legal". The US helping to try to overthrow Qaddafi isn't "legal" -- pretty sure he's got a law against it. Syrian dissidents: yep, illegal. Jailed Chinese democracy advocates: they're in jail for "legal" reasons. "Legal" isn't always synonymous with right.
I guess I'm stepping out on a ledge here to suggest that "civil disobedience" is OK. But it is not only OK, it's often the only available course of action.
Benton Harbor is not alone. The state-appointed receiver in Central Falls, RI, closed the library and the community center yesterday. But since the receiver was appointed by a Democratic governor, you won't see the story on Rachel Maddow.
Mig is your Governor is a blue dog and that is not a real Democratic or is he trying to fix things with no help did he get rid of collective bargaineding if the answer is no. I believe it was with healthcare.
Mig.... why don't you blame the mainstream/beltway media? If Ed had not made known what was happening in Wisconsin the rest of the country would not have known about the assault on the rights of the people, the unions etc.
I applaud Rachael, for the work she is doing.... as well as folks as ED, Cenk...
By the way from your postings you are just a shill for the republiconservateabaggerdinos...... so you are on the wrong message board.
If you were here to enlighten us about a problem happening in another state, you would not have worded your missive as an accusation of non action on Rachael's part.
But thanks for posting....now I will go check out what is happening in RI with regards to these library/community center closings and about the state appointed receiver.
Ta..... cheers
this will be upheld by the mich supreme court as they are all republicans. it will have to be decided in fed court
have you signed a recall for gov snyder. have you signed the petition to put em law on ballot?
sounds like the bugermeister meisterburger is alive and well in michigan
Does John Klock, who willed the property, have any surviving descendants?
If so, could they sue to reclaim the park due to breach of contract or whatever?
The Emergency Manager Order also violates the federal Land and Water Conservation Fund Act. The City of Benton Harbor was awarded a grant from that federal program, and the grant program imposes many restrictions on future "conversions" of parkland acquired or improved with funds from the L&WCF. Generally speaking, communities (or counties or states) only apply for L&WCF funds for parkland which is special and rare. That certainly is/was the case for Jean Klock Park. The federal act also requires reasonable public access at all times in keeping with the fundamental tenets of the Act. It’s all about preserving public access to public recreation space (including “passive” park uses) in perpetuity.
However, neither the state of Michigan nor the National Park Service, which administers the L&WCFA, will lift a finger to address this transgression because, well, Benton Harbor is being "transformed" and as such is untouchable.
Our federal lawsuit concerning Jean Klock Park filed in August, 2008, is still on appeal. It addresses the golf course conversion and the public’s right to retain high quality parkland. See: www.protectjkp.com
Further, counsel for the federal lawsuit concerning Jean Klock Park directed an administrative complaint letter to the head of the regional National Park Service office on May 10, 2011, concerning the possibility that E(F)M Harris will sell Jean Klock Park. See: http://www.scribd.com/doc/55122965/Lodge-to-NPS-05-10-2011