Steve Sebelius

A quick note to readers, subscribers

Posted by Steve Sebelius
Friday, Mar. 12th, 2010 at 10:48 am

My apologies to those of you who only this morning received your e-mail alerts from blogs posted on Thursday. Technical problems caused a delay in those e-mails being sent to a rapidly growing list of subscribers. Also, if you subscribed but didn’t receive a confirming e-mail, you may have to try again. If you did receive that confirming e-mail, you need to click on the link to finish the subscription process.

My goal in setting up e-mail subscriptions was to make things as easy as possible, so my apologies for the confusion. I hope things will run smoothly from this point out.

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9th Circuit: It’s OK to ban brothel ads in NV newspapers

Posted by Steve Sebelius
Thursday, Mar. 11th, 2010 at 4:59 pm

The 9th U.S. Circuit Court of Appeals today upheld a ban on brothel advertising in Nevada counties where prostitution is illegal, overturning a lower court judge’s ruling. An appeal is expected.

(Full disclosure: Las Vegas CityLife, and me as its editor, are named plaintiffs in the case, Coyote Publishing Inc. et. al. v. Ross Miller, et. al.)

The case was filed in 2006, after the Shady Lady Ranch brothel in Nye County sought to advertise in CityLife and other newspapers, but ran up against a ban in state law. While brothels may advertise in the 11 Nevada counties where prostitution is currently legal, they aren’t allowed to run ads for their services in counties where prostitution is illegal, including Clark County. CityLife and the other plaintiffs, represented by the ACLU of Nevada, sued, alleging the ban was a violation of the First Amendment.

U.S. District Court Judge James Mahan in July 2007 struck down the anti-advertising statutes, calling them “overly broad” and thus unconstitutional restrictions of free speech under the First Amendment.

But in a 34-page ruling issued today, a three-judge panel of the Ninth Circuit led by Judge Marsha Berzon ruled that the state’s laws are constitutional, inasmuch as they are tailored to advance Nevada’s interest in prevention of the commodification of sexual activity. Quoting from the ruling:

Banning commodification of sex entirely is a substantial policy goal that all states but Nevada have chosen to adopt. Uniquely among the states, Nevada has not structured its laws to pursue this substantial state interest to the exclusion of all others. Rather, it has adopted a nuanced approach to the sale of sexual services, grounded in part in concern about the negative health and safety impacts of unregulated, illegal prostitution. By permitting some legal prostitution, Nevada has been able to subject a portion of the market for paid sex to extensive regulation, while continuing severely to limit the diffusion of sexual commodification through its banning of prostitution where by far most Nevadans live (and where most outsiders visit), Clark County. (emphasis in original)

Moreover, Berzon adds:

Increased advertising of commercial sex throughout the state of Nevada would increase the extent to which sex is presented to the public as a commodity for sale. The advertising restrictions advance the interest in limiting this commodification in two closely related ways. First, they eliminate the public’s exposure — in some areas entirely, and in others in large part — to advertisements that are in themselves an aspect of the commodification of sex. As the harm protected against occurs in part from the proposal of the transaction, banning or restricting the advertising directly reduces the harm.

Second, the advertising restrictions directly and materially advance Nevada’s interests in limiting commodification by reducing the market demand for, and thus the incidence of, the exchange of sex acts for money, which, by definition, is the commodifying of sex. Nevada might be able to reduce the buying and selling of sex acts to a greater degree by instituting a complete ban on prostitution…. But it has chosen to take an approach to reducing demand that will not short-circuit the health and safety gains that come with partial legalization.” (emphasis in original)

Attorney General Catherine Cortez Masto praised the ruling in a statement released by her office:

“I am glad to see common sense has prevailed,” said Attorney General Masto. “This state has had restrictions on brothel advertising for 40 years. Nevada should have the right to have reasonable limitations on this type of activity. I am pleased the 9th Circuit Court of Appeals corrected the decision by the lower federal court to overturn those long standing restrictions as violating the First Amendment.”

The laws had been challenged by the American Civil Liberties Union, together with the Shady Lady Ranch, a brothel in Nye County, and two newspapers, the High Desert Advocate and Las Vegas City Life. The federal district court in Reno had upheld the challenge and invalidated the laws that prohibit brothel advertising in counties where prostitution is illegal. The laws also prohibit brothel advertising in theaters and on streets and public highways.

“We are pleased that our State’s policies were acknowledged and our laws were upheld,” Masto said. “Free speech is perhaps our most cherished right. But prostitution is a difficult issue in every state. The Circuit’s decision proves there are different ways to deal with the issue without trampling on First Amendment rights.”

But Allen Lichtenstein, general counsel of the ACLU of Nevada, disagreed. He said the U.S. Supreme Court has clearly ruled if a product or service is legal, then advertising about that product or service is First Amendment-protected commercial speech. “Does somebody’s objection to the commodification of sex trump the First Amendment? We believe it does not,” he said. “The social harm of alcohol, cigarettes and gambling is well-documented; no documented social harm of legal brothels exists.”

Lichtenstein added: “The empirical evidence of making into law somebody’s moral judgment is unfortunate.” He said the case will be appealed, either to the full Ninth Circuit or directly to the U.S. Supreme Court.

Now, for my own legal analysis: The state’s legal position is fundamentally flawed. First, the issue of whether sex should be commodified is essentially a moral, not a legal, question. As such, it properly lies with the Legislature when it comes to sex policy. Now, as the court itself noted (see above), the legalization of prostitution is by definition the commodification of sex. Nevada has, therefore, made a policy decision t0 define sex as something that can be bought and sold. Yet, the state now argues there’s a harm that results from the commodification of sex, a harm that is exacerbated by the advertisement of a service that is perfectly legal, at least in those 11 rural counties? If so, the state has the option to simply outlaw prostitution, and thus cure the harm.

But because the state has failed to do so, despite numerous opportunities, it has implicitly and explicitly endorsed the commodification of sex, and should not now be heard to complain about it simply because brothel owners have decided to exercise their First Amendment rights to advertise a perfectly legal product.

Oh, and P.S.: If the commodification of sex is a harm to be prevented, the attorney general has a much larger problem to deal with than ads in the back of CityLife. It’s called “Las Vegas” and pretty much every ad ever run in the history of the town from 1931 to the present day. Good luck with that!

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Reid’s wife, daughter hurt in D.C. car accident

Posted by Steve Sebelius
Thursday, Mar. 11th, 2010 at 3:39 pm

U.S. Sen. Harry Reid’s wife, Landra, and daughter, Lana, were hurt in a car accident in Washington, D.C. today after their vehicle was rear-ended by a semi truck. Here’s the text of a statement put out by the senator’s office:

“Senator Reid’s wife, Landra, and daughter, Lana, were involved in an accident earlier today.  They are being treated at a Washington-area hospital. While driving on a Washington, D.C. highway, their vehicle was rear-ended by a semi-truck.  Mrs. Reid has a broken nose, broken back and broken neck.  Lana has a neck injury and facial lacerations.  Both Mrs. Reid and Lana are conscious, can feel their extremities, and according to doctors their injuries are non-life threatening.  Senator Reid has been to the hospital and appreciates the support he and his family are receiving from Nevadans and his colleagues in the Senate.”

Landra Reid was in Nevada Monday, accompanying her husband as he filed for a fifth term in the Senate. The Reids met and married when they were in high school, and have five children, including Clark County Commission Chairman Rory Reid, who is running for governor.

UPDATE: Partisan politics takes a holiday in the face of trauma. Republican U.S. Senate candidate Danny Tarkanian released this statement about the accident involving the Reid family: “This is terrible news.  The entire Tarkanian family extends our thoughts and prayers to Sen. Reid’s family for the rapid recovery of his wife and daughter.”

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Goodman: I’m serious about firing everybody

Posted by Steve Sebelius
Thursday, Mar. 11th, 2010 at 12:53 pm

Mayor Oscar Goodman said today he’s only waiting on a legal opinion before moving forward with his plan to fire most city workers, but offer to re-hire them at lower pay. That’s Goodman’s solution after unions representing city workers balked at taking a requested 8 percent pay cut in the current fiscal year and next year, as well as forgoing all merit, step and longevity pay increases.

Goodman’s insistence on the plan got him labeled a “bully” by union leaders at Wednesday’s council meeting, where elected officials voted to accept a preliminary budget that will see 146 people laid off if unions don’t agree to concessions. Goodman has repeatedly called on unions to do the “right thing” and accept pay cuts so nobody has to be laid off.

“Right now, I’m looking to see how they respond to my all-or-nothing approach,” Goodman said. “I want to resolve this. I’m not doing this for me.”

The city is facing a $70 million budget shortfall this year, and possibly $40 million next year, as tax revenues have fallen due to the recession. Goodman acknowledged today that while no one would be laid off under the salary cut/no raise plan, he could not guarantee workers would not face layoffs in the future if the economy doesn’t improve.

Goodman said “nothing’s off the table,” but not before saying city emergency and budget reserve funds cannot be used to balance the budget. He said an increase in property taxes of perhaps 5 cents “wouldn’t be felt” because home values have fallen, but added “I don’t want to place any additional burden on taxpayers.”

Legally, Goodman said, he could not lay off public safety employees such as firefighters or city marshals, who are police officers charged with patrolling city property, including parks. However, Goodman says he wants to study privatizing ambulance services in the city, thus reducing the ranks of city firefighters. The mayor insisted “I’m not threatening anybody,” but the move would clearly enable the city to lay off firefighters and achieve salary savings within the parameters of existing labor contracts.

“I said all or nothing, and I mean that,” Goodman said, adding that he didn’t want to tell his staff to accept 8 percent pay cuts without insisting that all city employees pitch in.

Later, Goodman explained his approach to dealing with unions: “It’s like a parent with a child. If the child keeps doing something bad…” Asked what “bad” thing the unions had done — thus far, they are insisting on sticking by the terms of agreements negotiated and signed by the city — Goodman replied, “Nothing. I’m asking them to do the right thing” and accept cuts.

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Tarkanian sticks by his guns

Posted by Steve Sebelius
Wednesday, Mar. 10th, 2010 at 1:22 pm

U.S. Senate candidate Danny Tarkanian didn’t back off the thrust of his comments published on CNN’s website today, in which he alleged Tea Party candidate Scott Ashjian is a fake candidate put into the race to help incumbent Harry Reid. Tarkanian told the news channel that “Harry Reid’s staff, campaign, whatever” got Ashjian to jump into the race, especially since he, like Tarkanian, is of Armenian descent.

While Tarkanian maintained Ashjian is a spoiler in the race, he did admit there are no direct ties to Reid or the senator’s re-election campaign. (Reid has denied he knows Ashjian, or that he induced him to file for office on the brand-new Tea Party ticket.) Ashjian in interviews has strongly denied he’s a Reid plant.

“I don’t know who’s behind it,” Tarkanian said. “Do I expect Harry Reid to be behind it? No. Do I expect his campaign to be behind it? No,.” But, he added, “they [Reid supporters] got this guy to run in my opinion.”

Why does he think that? Tarkanian cites circumtantial evidence:

“What evidence is there that he’s a legitimate candidate running because of his love of country?” asked Tarkanian. “Common sense, reasonable deduction … tells you the guy is in the race to help Reid.”

But even if polls show Adhjian helping Reid, what evidence is there that his ethnic background played a role in getting him on the ballot? Tarkanian said Armenians tend to be close and, if they see one of their own with a chance to win office, would rally and vote for that person. Ironically, Tarkanian said that on the same day that the Armenian Council of America PAC endorsed him for Senate.

In addition, Tarkanian said, Ashjian is a member of the Church of Jesus Christ of Latter-day Saints, as is Reid. But it’s widely known that Reid — one of the highest-ranking Mormons in political life, ever — has a contentious relationship with his fellow churchgoers, many of whom see his membership in the Democratic Party and voting record as running counter to church principles. Officially, the church says it stays out of its members personal political decisions.

UPDATE: An online poll of Tea Party activists apparently agree that Ashjian’s candidacy will help Reid.

UPDATE 2: Nevada Tea Party activists denounce the new Tea Party, say it’s not invited to future events, reports the Nevada News Bureau.

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All new Slash Politics feature: E-mail subscriptions!

Posted by Steve Sebelius
Tuesday, Mar. 9th, 2010 at 1:12 pm

When I switched over to the new blog in January, I got some nice compliments, but one big complaint: There was no way for people to subscribe to posts. And in this age of information overload, people were simply too busy to remember to keep checking back to see if new information had been posted.

So I’m pleased to announce we’ve fixed that little problem: Starting right now, you can subscribe to posts on Slash Politics by entering your e-mail address in the blue box on the right. You’ll get an email confirming your subscription, and once you click on that, you’ll get an e-mail notice whenever I post something new on the blog.

So sign up today and never worry about missing a thing in Nevada politics. And, as always, thanks for reading.

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Bible out as NRA president

Posted by Steve Sebelius
Tuesday, Mar. 9th, 2010 at 12:13 pm

Just two weeks ago, Nevada Resort Association President Bill Bible was up in Carson City, defending the state’s gambling industry against desperate lawmakers looking everywhere they could for money to balance what turned out to be an $805 million budget gap. In the end, he and the industry’s lobbyists were mostly successful; only a small gambling license fee was added to the casino tax burden.

Today, it was announced that Bible will be leaving the association he’s headed during a contentious decade that saw Sept. 11, 2001, attacks, resulting in the recession of 2002; the pitched tax battles of 2003; the fracturing of the gambling industry after that disastrous session; and the global recession that is still depressing tourist revenues to this day. His knowledge of the state’s finances, casino industry finances, and the politics of both are virtually unmatched in Nevada. It’s hard to see how the NRA could go forward without him.

Here’s the statement put out by the NRA early this morning about Bible’s departure:

BIBLE LEAVING NRA TO JOIN MGM BOARD

Guided NRA through “decade of dramatic change”

LAS VEGAS–Nevada Resort Association (NRA) Chairman Keith Smith announced today that William “Bill” Bible will be leaving as NRA President effective immediately but will be assisting in the transition to name his replacement.

Prior to joining the NRA in 1999, Bible served as the chairman of the Nevada State Gaming Control Board for 10 years and was appointed by President Clinton to the National Gambling Impact Study Commission. His broad tenure as a state official includes his experience as director of Nevada’s Administration Department under Gov. Richard Bryan (1983-1988); Nevada Assembly Fiscal Analyst and Director of the Division of Fiscal Analysis of the Legislative Counsel Bureau (1977-1983); Nevada Deputy Budget Administrator (1973-1977) and Nevada Chief Assistant Budget Administrator (1971-1973) under Gov. Mike O’Callaghan.

“As President of the NRA, I truly enjoyed being a part of an industry that saw a decade of dramatic change,” Bible said. “Getting to know and working with dedicated Nevadans who day in and day out strive to make Nevada the best place to work and live is something I value most of all.”

Smith added, “Bill’s service to the industry over the years has been remarkable. His sharp insight and leadership that guided the NRA through both robust and challenging times is respected and appreciated. We will miss him at the NRA but wish him the best of luck in his new endeavors.”

Bible graduated from Stanford University in 1967 with a Bachelor of Arts Degree in History and a minor Political Science, followed by a Masters Degree in Business Administration in 1971 from the University of Nevada, Reno. His Masters program emphasized capital budgeting, resource allocation, portfolio management and general financial management.

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Reid files for governor

Posted by Steve Sebelius
Tuesday, Mar. 9th, 2010 at 11:03 am

Clark County Commissioner Rory Reid this morning signed his name to the document officially launching his candidacy for governor, turned to his wife, Cindy, and said, “Here we go.”

“I’m honored to be running for governor in the state I love,” Reid said. ‘I think it’s an opportunity to fundamentally change Nevada.”

Even after I questioned his sanity — actively campaigning for a job that will entail balancing a budget that contains a multi-billion hole, dealing with what could be the most contentious Legislature in modern times in 2011, and generally sitting in the seat that many people blame for the state’s problems — Reid wouldn’t give an inch. “This is an exciting time because it provides a change to do things that we’ve never done before,” Reid said, referring to his economic plan to add revenue to the state’s budget without raising taxes.

But, Reid did admit that if he’d been in Gov. Jim Gibbons’s shoes during the recently concluded special session, he’d have signed the budget deal the Legislature passed. “My candidacy is about avoiding that situation again,” he said.

Also to be avoided: Any talk of taxes, which legislative leaders have said will be needed to balance the budget during the 2011 Legislature. Reid has steadfastly refused to discuss the possibility of increased taxes. He cited the work of a state-appointed Nevada Vision Stakeholder Group, charged with examining the state’s tax system and suggesting improvements, and said he didn’t want to influence the outcome. “I don’t think it’s appropriate for me to pre-judge this group of citizens,” he said. (And thus, the group has fulfilled Mission One of its charter: Give would-be elected officials a convenient way to avoid taking a position on a controversial issue.)

Asked about polls showing him trailing Republican front-runner Brian Sandoval, Reid said survey numbers this far from Election Day don’t matter. “Pundits and polls aren’t going to decide this election. People will,” Reid said. So that means he doesn’t consider pundits people? I’m hurt and offended. But somehow, I think Reid can live with that.

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Reid files for re-election

Posted by Steve Sebelius
Monday, Mar. 8th, 2010 at 11:45 am

I asked U.S. Sen. Harry Reid today if he had anything to say to those critics who predicted he may not even file for re-election. With a characteristic, wan smile, he held up a folder of election documents containing the receipt for his official filing papers and said simply, “Copies of everything are right here.”

Translation: Reid is most definitely not going to call it a day and look for a soft landing elsewhere.

After handing over a cashier’s check for $500 and his Nevada driver’s license for copying, Reid signed the official papers shortly after 10 a.m. and became a candidate for re-election to a fifth term in the Senate. He offered some brief remarks to assembled journalists in a conference room at the secretary of state’s offices, and even started with a joke. “I had everything written down on my hand, but I washed my hand,” he said. Take that, less sanitary Sarah Palin!

After a brief biography — born in Searchlight, married to high-school sweetheart, 20 years in private law practice, service in the state Assembly, as lieutenant governor, on the Gaming Commission, in the House and finally in the Senate — Reid spoke for a short time on jobs. The comments were obviously a reaction to criticism he received last week when he said that “only” 36,000 jobs were lost last month, something he pronounced “a good thing.” Reid’s meaning — repeated today — was that it could have been a lot worse.

“My No. 1 job is to keep working to create jobs,” Reid said. He cited a couple of upcoming bills that he said will do just that, including a bill to re-authorize funding for the Federal Aviation Administration. “So, there are a lot of good things going on,” he said, adding, “We just have to look at the glass being half full rather than half empty.”

As for his chances, Reid cited a recent poll that shows him winning in a general election matchup that includes third party candidates and a “Tea Party” representative. And, asked if he could win the race, Reid had yet another, simple reply: “I wouldn’t be running if I didn’t.”

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Sunday column: A tale of two comments

Posted by Steve Sebelius
Saturday, Mar. 6th, 2010 at 10:23 pm

For Harry Reid, the comment was fairly clear: The U.S. economy lost 36,000 jobs in a single month, but it could have been much, much worse.

Of course, Reid didn’t exactly say it that way. Here’s a portion of what he actually said:

[The bill includes] unemployment compensation. Today is a big day in America, only 36,000 people lost their jobs today, which is really good. Unemployment rate around America has not changed. Prognosticators thought it would go up. It has not. So we need to extend — there are about 15 million people in America out of work. These extended unemployment benefits will help millions of those people. We were fortunate enough for earlier this week to get the 30-day extension, which saved ‘em so that when we finish this legislation we should finish it, hopefully on Tuesday, we can go to conference with the House and quickly work out our differences.

It was an instant Internet sensation. The “really good” comment — and only that comment — made it to YouTube almost instantly. Republicans slammed Reid for seemingly saying that job loss was a good thing. His political opponents here in Nevada attacked him over it.

And they knew — or should have known — they were taking Reid’s comment completely out of context. That’s politics, but it certainly doesn’t make them right and Reid wrong. Any reasonable person knew instantly what Reid was saying, and that includes most of the Reid-haters who later bashed him with his own words so forcefully that he was later forced to clarify what he was saying.

Now consider another comment about unemployment benefits. This time, the speaker was Nevada’s other senator, John Ensign:

“The more generous the benefit, the easier you make it to stay on unemployment insurance, and the less incentive there is for people to actually go out and do what it takes to get a job,” Ensign said during a pivotal debate in 2003.

And lest you think Ensign has changed his mind since then, he voted this week against the bill to extend benefits.

So, you’d expect some criticism of Ensign’s remarks, right? He’s essentially come out and said that people laid off (through no fault of their own) shouldn’t get the benefits for which their employer has paid taxes. It’s not surprising Ensign isn’t aware (just yet, that is) that unemployment benefits hardly make up for a person’s salary, and that most people on unemployment would gladly trade those checks for a chance at a job. It’s not the money that’s keeping them from work, it’s the economy.

But no. Ensign’s words and vote — despite Nevada’s 12.8 percent unemployment rate — got scant attention. Yet Reid’s remark — easily understood by anybody who’s honest, and far less offensive — drew reams of criticism.

It hardly seems fair, does it?

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