Posts tagged ‘running’

I Hate to Repeat Myself, But Trump Did Not Win: Clinton Lost

This article by Damon Linker totally mirrors my take on this election -- a competent Democratic candidate without Clinton's many flaws should have wiped the floor with Trump.  Biden would have won, I am absolutely convinced.  Anyway, I liked this bit from Linker:

Most of all, I don't want to hear about how unfairly Clinton was treated by the media. In comparison to whom? All the other candidates who've run for president while under criminal investigation by the FBI? (Maybe that substantial handicap should have overridden the party's presumption that she was owed the nomination because it was "her turn.") Or do you mean, instead, that she was treated badly in comparison to her opponent? Really? You mean the one whose 24/7 media coverage was overwhelmingly, relentlessly negative in tone and content? Either way, a halfway competent campaign should have been able to take advantage of the great good fortune of running against Donald J. Trump and left him bleeding in the ditch.

I am exhausted with folks talking about some fundamental political shift to a white male resurgence, or whatever.  There was no shift.  Trump got about the same number of votes as Romney and McCain.  He won no more white male votes than those guys and if anything performed better than them in traditional Democratic categories like single women and blacks.  The reason Trump won is because Clinton had 10 million fewer votes than Obama had in his first win.  Traditional Democratic supporters were unenthusiastic about Clinton and stayed home.

"How Do I Explain This Election to My Kids" Is Much Easier for a Constitutionalist

Last night, Van Jones (among likely many others on the Progressive Left) lamented, "How am I going to explain the election [Trump's victory] to my kids?"

Well, as someone who has always respected the Constitution, I would tell my kids that the folks who wrote the Constitution spent a lot of time thinking about how to make the system robust against tyrants.  Their solution was a system of checks and balances that prevented a single person in the Presidency acting against the general wishes of the country.  The President is bound both by Congress and the judiciary, but also by law (particularly restrictions in the Bill of Rights).

The last couple of Presidents, with the aid of a sometimes supine Congress and judiciary, have pushed the boundaries of these limitations, expanding Presidential power, and in certain spheres attempted to rule by decree.  Folks like Van Jones were way up in the forefront of folks cheering on this power grab, at least under President Obama, as long as it was their guy grabbing for power.  What should Jones tell his kids?  Perhaps he could say that for well-intentioned reasons, he helped increase the power of the President, but in doing so forgot that folks he disagrees with would likely someday inherit that power.

As I wrote years and years ago:

  • Technocratic idealists ALWAYS lose control of the game.  It may feel good at first when the trains start running on time, but the technocrats are soon swept away by the thugs, and the patina of idealism is swept away, and only fascism is left.  Interestingly, the technocrats always cry "our only mistake was letting those other guys take control".  No, the mistake was accepting the right to use force on another man.  Everything after that was inevitable.

Sarah Baker has some nice thoughts along these lines at the Liberty Papers, but I will leave you with her first one:

This is how libertarians feel after every election. We learn to live with it. So will you.

Asking the Wrong Question

Apparently a chunk of what looks like manufactured aluminum was dug up years ago in Romania and was dated at up to 250,000 years old.  By this dating -- given the technology required to make aluminum -- it would be unlikely to be man-made.

So of course everyone is focusing on the question of whether it is an alien artifact.  Which is the wrong question.  A rational person should be asking, "what is it about this particular metallurgy or the way in which it was buried that is fooling our tests into thinking that a relatively new object is actually hundreds of thousands of years old?"  I would need to see folks struggle unsuccessfully with this question for quite a while before I would ever use the word "alien."  I am particularly suspicious of tests that have an error bar running between 400 years and 250,000 years.  That kind of error range is really close to saying "we have no idea."

Postscript:  The article hypothesizes that it looks like an axe head.  Right.  Aliens find some way to fly across light-years, defying much of what we understand about physics, and then walk out of their unimaginably advanced spacecraft carrying an axe to chop some wood, when the head immediately goes flying off the handle and has to be left behind as trash.

Guide for Politicians: How to Lie in the 21st Century

Lying is an old, old skill among politicians.  What is new in the 21st century is that with the advent of the Internet and alternative media, it is much more likely for a politician to get caught publicly in a lie.  Based on my observations over the last year of the political-media process, here is my brief guide for politicians on how to lie, or more accurately, how to manage affairs when caught lying.

First, there must be a lie, as represented by this chart:

21st century lying

There is some underlying truth out there (shown with the blue dot), and given the squishiness of the English language at times, there are a variety of ways that truth could reasonably be restated, shown by the blue circle around it.  On the left we will assume someone has lied or made an incorrect statement about that truth, and again there is a reasonable range of meanings around that untrue statement, shown by the red circle around it.  Note that the reasonable range of meanings for the original statement do not encompass the truth.

So what happens next?  Well, one possibility is that no one calls you on the untruth.  Congratulations, you are done!  The other possibility, though, is that some crazy dude on the Internet found a cell phone video embedded in a World of Warcraft chat room that reveals you did not tell the truth.  So what now?

The thing to remember at this point is that you have two assets.  First, you presumably have supporters.  Your supporters want to believe you.  They are looking for some explanation or statement from you that is even minimally convincing, and they are ready to trumpet that explanation like it is the Word of God to the rest of the world.

Your second asset is the media.  Your original lie was maybe a week ago.  That is the Jurassic Period for the media.  They don't have the staff to track down what is happening today, much less go back over something from a week ago.

Taking these two assets in mind, you are going to restate your original untrue statement, as so in orange:

slide2

The key for this to work is to make sure the range of meanings from your original statement and the range of possible meanings from your new statement overlap.  By doing so, you haven't admitted to lying or changed your position -- you have clarified.  Cognitive dissonance in your supporters will cause their brains to immediately substitute all instances of your first statement in their memories with your new restatement.

OK, but what happens when that dude in his pajamas does it again, and claims you are still lying with your new restatement.  What do you do?  Same thing as last time: another restatement.  If necessary, you will keep restating until the range of meanings of your restatement overlaps with the truth:

slide3

Yay!  You are done.  If you really want to win the news cycle, take your final restatement to Politifact and get them to rate it as mostly true.   Sure, some crazies on the other side of the aisle are going to be screaming that the ultimate truth does not at all resemble your original statement, but just claim that they are dredging up old news and that it has already been settled.  For extra points, if you are a female and/or the member of an ethnic minority, claim discrimination, saying that the opposition is driven by racism, misogyny, etc.

I think this is all clearer with an example.  So let's take the case of Philander J. Donkeyphant, who is running for reelection.  Phil decides to lie about the vehicle he was driving yesterday.  Why does he lie?  Who knows, but Phil is a successful politician and senior government official and therefore one of our betters and let's not question his tactics.   So let's see how his lie plays out:

Lie:  I drove a red car yesterday

Soon, Philander has a problem.  Some crazy lady finds a traffic camera video and proves no red car drove by that could have been Philander's.  So Phil is forced into his first restatement:

First Restatement:  I was driving a deep-red pickup truck

A bit of a stretch but we can't really call it changing his story, since many folks might refer to the family car and actually be talking about a pickup truck.  And the "deep red" comment seems downright helpful, trying to provide more detail.  But wouldn't you know it, that lady can't find any deep red pickup trucks on camera.  So Phil moves to his second restatement:

Second Restatement:  I was driving a violet truck.

Again, a bit of a stretch, but violet is not far from deep-red.  He has dropped the detail of it being a pickup truck, now it is just a truck, but still arguably consistent with his immediately previous statement.

Finally, our annoying blogger-lady finds Philander and his vehicle on a video.  It turns out:

Truth:  He was driving a purple 18-wheeler.

When shown the video, old Phil says, "Sure, that's what I said.  A violet truck.  Obviously my opposition has nothing better to do than make stupid issues like this out of nothing.  Politifact confirms that "violet truck" is a truthful way to describe a "purple 18-wheeler" so the issue is closed.

Phoenix Light Rail Update: Half Billion Dollars More Spent, Transit Ridership Continues to Fall

Valley Metro, the agency that operates light rail and most bus service in the Phoenix area, has published its 2016 annual ridership numbers, and they are awful (the agency is on a july-june fiscal year).  Over the past year, they have opened two extensions of the current light rail line, spending $o.5 Billion to extend the line 6.2 miles.  So what did we get for this?  Falling transit use.

Valley_Metro_Fiscal_Year_Ri

To begin with, we must again look past Valley Metro's downright bizarre chartsmanship, where differences in bar length bear absolutely no relationship to the values graphed (just try to figure out the bar lengths for the last three years of light rail data).

We see that light rail ridership is up 9%.  This appears low, given that the line and total investment were increased by about 33%, but the new extensions were not available for the whole year.  My guess correcting for opening dates is that on a full year basis this represents about a 20% increase.  For May, June, and July light rail ridership has been running 19%, 26%, and 20% above the same month last year (before either extension was opened).  This is well below the increase in line length (31%) and line total investment (36%)

I have always argued that the first 20 miles of the light rail line cut through the densest part of the city, including the downtown area (such that it is), the two highest visitation sports stadiums, and ASU  -- and as such any future expansions were going to have a much harder time justifying themselves (ie, as in this case, a 31% expansion in length would yield something less than 31% increase in ridership).  Light rail supporters have argued in return that I had things exactly backwards, that network effects would mean that ridership increased faster than route length.  My sense is that this argument will pretty clearly tip in my direction by the time we have 2017 data.

By the way, with total investment up to over $2 billion and average weekday round trip ridership at about 23,500 in fiscal 2016, then the total capital cost (not including annual operating subsidies) of the line sits at about $85,000 per round-trip rider.   Whenever Valley Metro supporters defend the line against my attacks, they will often quote various riders saying how much they love it.  Of course they do!  They damn well should love it -- we taxpayers spent $85,000 for each one of them to open the line AND subsidize every single one of their rides.

But if you really want to see the cost of these subsidies, look at the bus and total transit ridership in the chart above.   Total transit ridership in the area has fallen to the lowest point since before the light rail line was first opened, despite the fact the city it serves is still growing.  This is because bus ridership has fallen off the map.   Just last year, for every 1 rider gained to the light rail line expansions, 3.6 were lost on busses.   To see how far bus ridership has fallen, you have to go back further than the chart above shows.  Here is an older Valley Metro chart I annotated for a previous article:

click to enlarge

You can see from this that bus ridership in Phoenix fell to a level we have not seen since 2003!  This is despite the fact that the Phoenix MSA has added about a million people since that time.

As it does in every city, light rail costs are starving the rest of the transit system.   By shifting transit dollars into a mode that requires 10x  more money to move a single passenger, the numbers of passengers served has to fall.  You can see from the chart that Phoenix transit ridership was rising steadily from 1997 to 2009.  But once light rail was completed, transit ridership absolutely stopped growing, despite population increases and large increases to total transit budgets.  Without light rail, we might very well have seen transit ridership as high as 90 million today, if past ridership growth trends held.

 

The Lifestyle Charity Fraud

For decades I have observed an abuse of charities that I am not sure has a name.  I call it the "lifestyle" charity or non-profit.  These are charities more known for the glittering fundraisers than their actual charitable works, and are often typified by having only a tiny percentage of their total budget flowing to projects that actually help anyone except their administrators.  These charities seem to be run primarily for the financial maintenance and public image enhancement of their leaders and administrators.  Most of their funds flow to the salaries, first-class travel, and lifestyle maintenance of their principals.

I know people first hand who live quite nicely as leaders of such charities -- having gone to two different Ivy League schools, it is almost impossible not to encounter such folks among our alumni.  They live quite well, and appear from time to time in media puff pieces that help polish their egos and reinforce their self-righteous virtue-signaling.  I have frequently attended my university alumni events where these folks are held out as exemplars for folks working on a higher plane than grubby business people like myself.  They drive me crazy.  They are an insult to the millions of Americans who do volunteer work every day, and wealthy donors who work hard to make sure their money is really making a difference.  My dad, who used his substantial business success to do meaningful things in the world virtually anonymously (like helping save a historically black college from financial oblivion), had great disdain for these people running lifestyle charities.

So I suppose the one good thing about the Clinton Foundation is it is raising some awareness about this kind of fraud.   This article portrays the RFK Human Rights charity as yet another example of this lifestyle charity fraud.

How Different Is Trump From Other Politicians?

This was an interesting profile of Trump featuring his ghostwriter on Art of the Deal.  Frequent readers will know that even years before he came on the Presidential stage, I was never taken in by the Trump-is-a-great-businessman meme  (most recently here).

In the New Yorker article, Trump's ghost says that Trump is not nearly as smart as he is made out to be, he is petty and childish and vain and self-absorbed.  He apparently makes promises he never keeps and has made a mess of a number of his businesses.  He has a short attention span and a shallow understanding of most issues.

Which all leads me to ask -- how does this make him any different from most other politicians, including the one he is running against for President?  Is he unique in these qualities or merely unique in his inability or unwillingness to hide them?  Does he have more skeletons in his closet, or does he just engender less personal loyalty so that more of his insiders speak out?

Don Boudreaux quoted a great bit from H.L Mencken the other day:

The state – or, to make the matter more concrete, the government – consists of a gang of men exactly like you and me.  They have, taking one with another, no special talent for the business of government; they have only a talent for getting and holding office.  Their principal device to that end is to search out groups who pant and pine for something they can’t get, and to promise to give it to them.  Nine times out of ten that promise is worth nothing.  The tenth time it is made good by looting A to satisfy B.  In other words, government is a broker in pillage, and every election is a sort of advance auction sale of stolen goods.

Wrapped Around the Axle

This is home repair day, so I am working from home while a variety of repair people show up (none of whom has yet shown up in their promised arrival time window).

Anyway, the A/C guy was here first and was diagnosing why my condenser didn't seem to be running.  He found this on the cooling fan motor (dead):

DSC_0257 (1)

Life in Arizona.

Greatest Video on Management Ever

Perhaps it is just because of the day I have had, but I am increasingly convinced that this video portrays the true experience of running a company better than any other video I have seen

Democratic Socialism

Not sure where this came from:

bernie sanders democratic socialism

Thomas Sowell writes:

What President Obama has been pushing for, and moving toward, is more insidious: government control of the economy, while leaving ownership in private hands. That way, politicians get to call the shots but, when their bright ideas lead to disaster, they can always blame those who own businesses in the private sector.

What President Obama has been pushing for, and moving toward, is more insidious: government control of the economy, while leaving ownership in private hands. That way, politicians get to call the shots but, when their bright ideas lead to disaster, they can always blame those who own businesses in the private sector.Politically, it is heads-I-win when things go right, and tails-you-lose when things go wrong. This is far preferable, from Obama's point of view, since it gives him a variety of scapegoats for all his failed policies, without having to use President Bush as a scapegoat all the time.

Back in the 1920s, however, when fascism was a new political development, it was widely -- and correctly -- regarded as being on the political left. ....Mussolini, the originator of fascism, was lionized by the left, both in Europe and in America, during the 1920s. Even Hitler, who adopted fascist ideas in the 1920s, was seen by some, including W.E.B. Du Bois, as a man of the left.

People get blinded (probably for good reason, given the heinousness) by Hitler's rounding people up in camps and can't really get beyond that in thinking about fascism.  Which is why I sometimes find it helpful to use the term "Mussolini-style fascism".   And the US Left, led by FDR, was very much in thrall with portions of Mussolini-style fascism, so much so that the National Industrial Recovery Act was a modelled on Mussolini's economic management of command and control by corporatist boards.   Here is one description:

The image of a strong leader taking direct charge of an economy during hard times fascinated observers abroad. Italy was one of the places that Franklin Roosevelt looked to for ideas in 1933. Roosevelt's National Recovery Act (NRA) attempted to cartelize the American economy just as Mussolini had cartelized Italy's. Under the NRA Roosevelt established industry-wide boards with the power to set and enforce prices, wages, and other terms of employment, production, and distribution for all companies in an industry. Through the Agricultural Adjustment Act the government exercised similar control over farmers. Interestingly, Mussolini viewed Roosevelt's New Deal as "boldly... interventionist in the field of economics." Hitler's nazism also shared many features with Italian fascism, including the syndicalist front. Nazism, too, featured complete government control of industry, agriculture, finance, and investment.

The NRA has to be in the top 10 best overturn decisions by the Supreme Court.  Thought experiment -- do you think you could buy a Honda, Toyota, Tesla, Nissan or Kia in the US today if GM and the UAW were running the automotive board?

Republicans & Democrats Applauded When Their Guy (Bush and Obama) Grabbed for More Presidential Power; Now, They Are Terrified to Give it to Trump

I had this argument the other day with my mother-in-law -- you can't allow a President more power just because he is "your guy" and you trust him.  No matter how well you think that person will use the power (and I trust no one), you are setting a precedent for the next guy whom you may very well not like.   I wrote this way back in 2005:

Technocratic idealists ALWAYS lose control of the game.  It may feel good at first when the trains start running on time, but the technocrats are soon swept away by the thugs, and the patina of idealism is swept away, and only fascism is left.  Interestingly, the technocrats always cry "our only mistake was letting those other guys take control".  No, the mistake was accepting the right to use force on another man.  Everything after that was inevitable.

For years I have asked liberals -- who have cheered President Obama's power grabs as righteous on the basis that "Congress won't don anything, so Obama has to" -- how comfortable they will we with a President Lindsey Graham using the same powers.

I was frequently dismissed, but not any more -- as folks on the Left begin to wake up and imagine President Trump using the same powers wielded by Obama.  To this end, the New York Times has a good article on Obama's drone war and the precedent set for the next President:

President Bush started the drone wars, but Mr. Obama vastly expanded them. Almost entirely on his watch, United States strikes have killed as many as 5,000 people, possibly 1,000 of them civilians. The president approved strikes in places far from combat zones. He authorized the C.I.A. to carry out “signature strikes” aimed at people whose identities the agency did not know but whose activities supposedly suggested militancy. He approved the deliberate killing of an American, Anwar al-Awlaki.

The president also oversaw an aggressive effort to control the public narrative about drone strikes. Even as senior officials selectively disclosed information to the news media, his administration resisted Freedom of Information Act lawsuits, arguing that national security would be harmed if the government confirmed drone strikes were taking place.

The administration also argued in court that federal judges lacked the authority to say whether drone strikes were lawful. It refused to release the evidence that it claimed made Mr. Awlaki a lawful target. In lieu of information, the administration offered assurances that the president and his aides were deeply moral people who agonized over authorizing lethal force.

That last line is perhaps the most dangerous single argument in all of democracy, that it is somehow OK to give an individual enormous extra-Constitutional powers because you trust that individual.  Only now, at the end, do they understand:

But as this election season has underscored, powers this far-reaching should not rest solely on the character of the president and his advisers. In a democracy, the ability to use lethal force must be subject to clear and narrow limits, and the public must be able to evaluate whether those limits are being respected.

When discussing Trump, I see a lot of writers referring to 20th century precedents of populist autocrats.  But if you want to be worried about American democracy, a better example is perhaps the Roman Republic.  The Republic was not killed by one man, even Julius Caesar.    The Republic fell through the slow accretion of autocratic precedents over nearly a hundred years, many of which were set by folks like Gracchus (who seems to have been a well-intentioned reformer) and Sula (who was a hero in Rome).

You Are Richer Than a 19th Century Billionaire

Don Boudreaux has a great post about why you are richer and better off than John D Rockefeller.  I would have thought this to be almost axiomatic, but apparently he is getting push back on this. Please go to the link and read it.

I posted a similar article in 2007, though in that case I was doing a comparison with California Big 4 magnate Mark Hopkins.  I will reprint the article in full since it has been so long:

One of the really bad ideas that drive some of the worst government actions is the notion that wealth is somehow fixed, and that by implication all wealth is acquired at someone else's expense.  I am working on my annual tax-day post on the zero sum fallacy, but in the mean time here is a brief quiz.

The quiz consists of matching a description to the owners of these two houses:

House1a House2b

One house has hot and cold running water, central air conditioning, electricity and flush toilets.  The other does not.  One owner has a a computer, a high speed connection to the Internet, a DVD player with a movie collection, and several television sets.  The other has none of these things.  One owner has a refrigerator, a vacuum cleaner, a toaster oven, an iPod, an alarm clock that plays music in the morning, a coffee maker, and a decent car.  The other has none of these.  One owner has ice cubes for his lemonade, while the other has to drink his warm in the summer time.  One owner can pick up the telephone and do business with anyone in the world, while the other had to travel by train and ship for days (or weeks) to conduct business in real time.

I think most of you have guessed by now that the homeowner with all the wonderful products of wealth, from cars to stereo systems, lives on the right (the former home of a friend of mine in the Seattle area).  The home on the left was owned by Mark Hopkins, railroad millionaire and one of the most powerful men of his age in California.  Hopkins had a mansion with zillions of rooms and servants to cook and clean for him, but he never saw a movie, never listened to music except when it was live, never crossed the country in less than a week.  And while he could afford numerous servants around the house, Hopkins (like his business associates) tended to work 6 and 7 day weeks of 70 hours or more, in part due to the total lack of business productivity tools (telephone, computer, air travel, etc.) we take for granted.  Hopkins likely never read after dark by any light other than a flame.

If Mark Hopkins or any of his family contracted cancer, TB, polio, heart disease, or even appendicitis, they would probably die.  All the rage today is to moan about people's access to health care, but Hopkins had less access to health care than the poorest resident of East St. Louis.  Hopkins died at 64, an old man in an era where the average life span was in the early forties.  He saw at least one of his children die young, as most others of his age did.  In fact, Stanford University owes its founding to the early death (at 15) of the son of Leland Stanford, Hopkin's business partner and neighbor.  The richest men of his age had more than a ten times greater chance of seeing at least one of their kids die young than the poorest person in the US does today.

Hopkin's mansion pictured above was eventually consumed in the fires of 1906, in large part because San Francisco's infrastructure and emergency services were more backwards than those of many third world nations today.

Here is a man, Mark Hopkins, who was one of the richest and most envied men of his day.  He owned a mansion that would dwarf many hotels I have stayed in.  He had servants at his beck and call.  And I would not even consider trading lives or houses with him.  What we sometimes forget is that we are all infinitely more wealthy than even the richest of the "robber barons" of the 19th century.  We have longer lives, more leisure time, and more stuff to do in that time.   Not only is the sum of wealth not static, but it is expanding so fast that we can't even measure it.  Charts like those here measure the explosion of income, but still fall short in measuring things like leisure, life expectancy, and the explosion of possibilities we are all able to comprehend and grasp.

When Julia Tried to Start a Business

I was doing a radio interview and was reminded of this article I wrote in response to the famous Obama "Life of Julia" piece extolling the virtues of government in our lives.  Since I spend so much of my time in the last few years finding ways to comply with ever more onerous regulations (rather than actually improving my business or customer service) I thought I would offer a different view.  When I argue that free market proponents need to talk about taxes less and regulation more, this is what I am thinking about.

Since it has been several years since this went up at Forbes, I want to reprint it here in full:

Last week, the Obama Administration released a campaign piece about the life of Julia, showing how Julia benefited from taxpayer largess and oversight by the state at many points in her life. But the campaign piece was incomplete, and missed the part where Julia attempted to start her own business. Long before she started a web business out of her home, she tried to start a retail business.

Julia always liked the outdoors — remember that taxpayers helped her retire from productive work so she could work in a community garden. Well, as she was growing up, Julia loved to camp outdoors. For years she camped at a lovely lakefront public campground until it was forced to close — unfortunately, the government agency that ran the campground had operating costs that were so much higher than the fees charged to visitors that they couldn’t afford to keep it open any longer.

But Julia had an idea. After forming a corporation (a surprisingly easy task with lots of private companies competing to help one complete the proper legal steps), Julia approached the public parks agency about the possibility of her leasing the campground and reopening it under private management. She was surprised, though, at the tremendous opposition she encountered in the agency. Despite the fact that she was willing to adhere to operating standards and restrictions set by the public agency, she initially encountered tremendous resistance. She had assumed a parks and recreation agency would welcome the opportunity to reopen a park to the public, be she had underestimated the near universal opposition to private enterprise she found among the agency’s employees.

Eventually, though, with a lot of hard work and some help from a local TV station that rallied park users to her cause, the public agency agreed to a one-year pilot of her idea.

So the hard part was behind her, right? Probably not. In fact, Julia expected entrepreneurship to be tough. She was worried about the challenges of hiring good employees, getting financing for new equipment, and marketing her new campground. As it turned out, though, she would have little time for any of these concerns.

Before she could even think about hiring employees, she had to get a federal tax ID number, or FEIN, for her company. This identification number allows her to collect and pay her employee’s Social Security and Medicare taxes, as well as withhold and submit the Federal income tax obligations of her employees. In addition to these reports, she also learned that she had to file a separate report each quarter on her employee’s earnings in order to file and pay Federal unemployment taxes.

But her state has its own income tax, so she had to register for a separate ID number to report and pay employee state tax withholding, and then had to fill out yet another registration for another ID number to file another regular report to pay state unemployment taxes. Her state also has a public rather than private workers compensation system, so she registered for another number so she could fill out another monthly report to pay state workers compensation premiums.

And of course, since Julia intends to make retail sales, she needed to register with the state (yet another number and report) to collect and pay sales tax — though her state calls it a “privilege” tax rather than a sales tax because, as the state’s web site explains, conducting commerce is a privilege that can only be exercised with the state’s permission. She is momentarily encouraged when she finds out her state sales tax does not apply to camping, only to eventually find out this is because the state has a completely separate system (yes, another registration number and monthly report) for collecting and paying lodging taxes. So sales in her campground store will be at one tax rate on one report while campsite rentals in the same park will pay a different tax rate on a different report. Which seems overly complicated until she finds out her county also has a separate sales and lodging tax that are added to the state’s, and must be reported separately under a different registration number to the County. Thank goodness she is not in a city, or she could easily have had to file and pay three separate sales taxes and three separate lodging taxes (city, county, state). If she ever decides to rent boats on the lake, she will have to get another state registration to pay a special state boat rental tax, the percentage of which varies based on whether a boat is motorized or human-powered.

Whew. Julia thought she had finally tracked down all her tax registrations, but she was wrong. Her corporation is an S-corporation, so she files and pays her corporate income taxes on her individual return. But it turns out her state also has a franchise tax on corporations she must pay separately, based on her total revenues. In addition, it turns out that each year she must produce a complete list of all her businesses personal property, from lawn mowers to computers to radios to chairs, and submit this list to the County so she can pay property taxes on all these items. Unfortunately, in her state the property tax bill does not end there. When the public agency was running the campground, the county was not allowed to charge another government agency property taxes on the assets. The agency still owns the property — it is just leasing it to Julia so she can operate it — but the county has a mechanism called the Leasehold Excise Tax to make Julia pay the property taxes the agency doesn’t have to pay.

So twelve registration numbers and 12 monthly/quarterly/yearly reports later, surely Julia has fulfilled all her obligations to the government. Unfortunately, no, because she has not even begun to address licensing issues. To begin, the County will require that she get an occupancy permit for her campground, which must be renewed annually. This seemed surprisingly easy, until someone from the County noticed she had removed an old rotting wooden deck from the back of her store that had been a safety issue and an eyesore. It turns out she was in violation of County law because she did not get a removal permit first. She was required to get a permit retroactively, which eventually required payments to seven different County agencies and at one point required, for a reason she never understood, the collection and testing of a soil sample.

Because she will be selling packaged foods in her store (e.g. chips and pop-tarts), she also has to get a health department license and inspection. She had originally intended to keep some fresh-brewed coffee for customers in the store, but it turned out that required a higher-level health license and eight hours training in food handling. She might have been willing to pursue it, but the inspector told her that to make coffee, she would need to install a three-basin stainless steel wash-up sink plus a separate mop sink in her store, and she decided that coffee would have to wait.

Once through the general health licensing process, she then needed to obtain licenses for individual products. She wanted to sell aspirin, so she had to get a state over-the counter drug sale license. She knew that customers would want cigarettes, so she had to obtain a tobacco sales license. One day as she was setting up, a state inspector noticed she had a carton of eggs in her cooler, and notified her she needed a state license to sell eggs (as Dave Barry would say, I am not making this up). And then there was the problem of beer.

She knew that selling beer would require an alcohol license. In addition to requiring a long, tedious application, getting such a license required that she be finger-printed at the local Sheriff’s office, that she measure the distance in feet to the nearest three stores that sold alcohol and the nearest school and church, and that she attend eight hours of special alcohol sales training. The whole application process took many months — at one point her application was kicked back to her because she included a computer CAD drawing of the store when the instructions require the drawing be made by hand (I repeat, I am not making this up). She finally thought she was home-free, when she found her state requires a public hearing as a final step to determine if the market really needs another liquor retailer. At that hearing, several large, powerful local liquor businesses testified that the market was already saturated and that they already had plenty of competition, thank you very much, and her application was denied.

By the time Julia called it quits, she still had multiple applications pending. She hadn’t yet figured out how to create the stormwater runnoff management plan needed for her stormwater permit. She hadn’t been able to satisfy the state air resources board in permitting her small above-ground fuel tank. And she was still going back and forth with the state department of water resources for her drinking water sampling and testing plan.

Julia gave up her dream of working outdoors, and spent the rest of her life closeted in a room staring at a computer screen. It wasn’t what she really wanted to do, but web design does not require a license (yet) and she could avoid the hassles involved with having employees. The public never got its park back, and the campground still sits closed, the facilities falling apart from neglect. But a few months after Julia gave up, a park agency employee wrote a scathing editorial in the local paper, citing Julia’s failure as a great example of how private enterprise has failed and the need for public agencies to do more.

Julia’s experience is a composite, but is based entirely on my personal, real experiences. Every tax, registration, report, inspection, and license mentioned is a real one my company has had to obtain at some point in our expansion to new states. The only difference is in the story of the liquor license, where after my local competitors initially blocked the license I had the wherewithal to fight and eventually get it issued.

Is The Media Actually Waking Up to How Rail is Sinking Public Transit?

Readers will know that this is one of my favorite topics on this blog, how huge investments in showy rail projects that amp up the prestige of government officials tend to cannibalize lower cost bus service and, at the end of the day, actually reduce total transit ridership.  The LA Times almost sortof recognizes this, and Randal O'Toole is on the case:

“Billions spent, but fewer people are using public transportation,” declares the Los Angeles Times. The headline might have been more accurate if it read, “Billions spent, so thereforefewer are using public transit,” as the billions were spent on the wrong things.

The L.A. Times article focuses on Los Angeles’ Metropolitan Transportation Authority (Metro), though the same story could be written for many other cities. In Los Angeles, ridership peaked in 1985, fell to 1995, then grew again, and now is falling again. Unmentioned in the story, 1985 is just before Los Angeles transit shifted emphasis from providing low-cost bus service to building expensive rail lines, while 1995 is just before an NAACP lawsuit led to a court order to restore bus service lost since 1985 for ten years.

...

Transit ridership is very sensitive to transit vehicle revenue miles. Metro’s predecessor, the Southern California Rapid Transit District, ran buses for 92.6 million revenue miles in 1985. By 1995, to help pay for rail cost overruns, this had fallen to 78.9 million. Thanks to the court order in the NAACP case, this climbed back up to 92.9 million in 2006. But after the court order lapsed, it declined to 75.7 million in 2014. The riders gained on the multi-billion-dollar rail lines don’t come close to making up for this loss in bus service.

...

Los Angeles ridership trends are not unusual: transit agencies building expensive rail infrastructure often can’t afford to keep running the buses that carry the bulk of their riders, so ridership declines.

  • Ridership in Houston peaked at 102.5 million trips in 2006, falling to 85.9 million in 2014 thanks to cuts in bus service necessitated by the high cost of light rail;
  • Despite huge job growth, Washington ridership peaked at 494.2 million in 2009 and has since fallen to 470.4 million due at least in part to Metro’s inability to maintain the rail lines;
  • Atlanta ridership peaked at 170.0 million trips in 2000 and has since fallen nearly 20 percent to 137.5 million and per capita ridership has fallen by two thirds since 1985;
  • San Francisco Bay Area ridership reached 490.9 million in 1982, but was only 457.0 million in 2014 as BART expansions forced cutbacks in bus service, a one-third decline in per capita ridership;
  • Pittsburgh transit regularly carried more than 85 million riders per year in the 1980s but is now down to some 65 million;
  • Austin transit carried 38 million riders in 2000, but after opening a rail line in 2010, ridership is now down to 34 million.

I will add that total transit ridership has been totally flat in Phoenix after construction of a major light rail project.  The project's total cost is approaching $2 billion as they slowly add on short extensions, but this amount did nothing but cannibalize bus ridership.  In fact, the situation is worse than this, since before light rail was built, Phoenix transit ridership was growing rapidly every single year, so in fact light rail actually likely reduced ridership by about 14 million.  The whole story is here.  (I will have an update in a moment but they have updated the chart from that article and ridership fell yet again in 2015).

Great Moments in US Energy Policy: In the 1970's, The US Government Mandated Coal Use For New Power Plants

What does government energy policy have in common with government food advice?  Every 30-40 years the Federal government reverses itself 180 degrees and declares all the stuff that they said was bad before is now good today.

Case in point:  Coal-fired electrical generation.  Coal is pretty much the bette noir of environmentalists today, so much so that Obama actually pledged to kill the coal industry when he was running for office.   The combination of new regulation combined with the rapid expansion of cheap natural gas supplies has done much to kill coal use (as illustrated by this bankruptcy today).

But many people may not realize that the rise of coal burning in power plants in the US was not just driven by economics -- it was mandated by government policy

Federal policies moved in coal's favor in the 1970s. With the Middle East oil crisis, policymakers began to adopt policies to try and shift the nation toward greater coal consumption, which was a domestic energy resource. The Energy Supply and Environmental Coordination Act of 1974 directed the Federal Energy Administration to prohibit the use of oil or natural gas by electric utilities that could use coal, and it authorized the FEA to require that new electric power plants be able to use coal. The Energy Policy and Conservation Act of 1975 extended those powers for two years and authorized $750 million in loan guarantees for new underground low-sulfur mines. Further pro-coal mandates were passed in the late-1970s.

I was aware of the regulations at the time as I was working in an oil refinery in the early 80's and it affected us a couple of ways.  First, it killed demand for low-sulphur heavy fuel oil.  And second, it sidelined several co-generation projects that made a ton of sense (generating electricity and steam from wasted or low-value portions of the oil barrel) but ran afoul of these coal mandates.

JJ Abrams is World's Greatest Producer of Fan Fic

[no spoilers]  I don't mean the title negatively -- I liked the reboots of both Star Trek and Star Wars that he wrote and directed.  Given the long absence of each franchise, there is no problem in my mind restarting the series with an homage to the old series and characters.  In particular, Abrams is great at peppering the movie with little shout-outs and inside jokes for the fan base.  And both are reasonably good adventure movies with beautiful action scenes.

The problems comes with the second movie, and moving the series into new territory.  The second Star Trek movie (Into the Darkness) couldn't seem to extricate itself from fan fic mode, retelling the Kahn story for the third time, with cute little reverses like Kirk dying and Spock screaming "Kahn.....", the opposite from The Wrath of Khan.

I understand the pressure.  The fan base of both franchises was ready to strangle Abrams at the first hint of heresy to the original material.  But for God sakes the Star Wars loyalists, of which I consider myself one, endured Jar Jar.  The new Star Wars movie has some flaws, but it is a perfectly serviceable and enjoyable reboot.  Now it's time to take some risks with it.

Postscript:  Is there a handbook of Star Wars Imperial architecture?  Is it driven entirely by creating movie aesthetics or have directors started to work a running gag here?  In the new movie -- I promise this is not really a spoiler -- there is a scene with one of those classic Imperial rooms with the infinitely deep hole in it, featuring tiny narrow walkways without handrails  (I consider this not a spoiler since at least one such room has probably been featured in every Star Wars movie).  Anyway, one of the characters finds themselves clinging to the walls of said infinite drop some 12 or 15 fee below the nearest walkway.  And what do you know, there is some sort of switch lever there.  There are wall switches in my house that I think are located inconveniently, but wtf?  Who designs these places?

By the way, the movie Galaxy Quest, which I still love, had a great parody of this sort of sci fi architecture.  John Scalzi's Redshirts also touches on this territory as well.

Chip Card Transition, And Life as A Small Business Owner

Well, per the new rules, we replaced all of our old credit card readers (dozens) with new ones that can take chip cards (EMV).  Here is the bone pile of all the old technology, many of which were bought less than 2 years ago:

CameraZOOM-20151104114553578

This illustrates both the best and worst of running one's own company.

The bad:  As CEO, I am actually futzing with distributing credit card terminals to the field and collecting the used ones to be recycled.

The good:  I have total control.  I was just in Washington DC, and in one meeting the National Park Service was there talking about some multi-year, multi-million dollar study to figure out their electronic payments "strategy" at their parks.  My payments strategy discussion went literally something like this:

Merchant guy:  Do you want to pay an extra $100 for the terminals to accept NFC payments (e.g. Apply pay, Android pay).

Me: Um, sure seems like the future.  Does it cost more to clear a transaction that way?

Merchant guy: no

Me:  They yes, I'll take it.

Now, we can take smart phone payments at dozens of public parks my company operates, all decided and implemented in about 30 days.

By the way, I am amazed at how many large companies like CVS appear to have the chip card readers but the store clerk tells me that they are not turned on yet whenever I try to stick my card in that slot (for those of you who don't know, the chip side goes head into a slot like an ATM slot on the front).  October 1 was the date that there was a liability shift, where merchants bear more liability for fraud if they don't take the chipcards.  Not sure how I was able to get this done in my little company but they can't manage it.

I was told by one person at CVS, a store manager but they may be off base, that they don't take the chip cards yet because they take longer than swiping.  This seems dumb.  First, many retailers for swipe cards waste time asking for the last four digits of your card, which is not necessary with the chip cards.  Further, CVS wastes a TON of time at the register with their stupid loyalty program.  Yes, I know it is a pet peeve of mine I rant on from time to time, but I have spent a lot of time waiting for people in front of me to try different phone numbers to see which one their account is under, or to waste time signing up for a loyalty card with 6 people in line behind them.  Makes me crazy.  If they can waste 30 seconds each transaction on stupid loyalty cards they can wait three extra seconds for a more secure credit card transaction.

Postscript:  It really should have been chip and pin rather than chip and signature

PS2:  Never, ever lease a credit card machine.  You pay about 4x its retail price, even present value.  I got roped into doing this for a few machines on the logic that this equipment transition was coming, and they would switch out my equipment.  But then they sold their leasing portfolio and the new owner wouldn't honor this promise, so I ended up overpaying for the old terminal (and having to pay $1000 each just to get out of the lease) and then buying the new terminals.  Live and learn.

Flattery is Death for an Organization

The WSJ wrote the other day about Hillary Clinton's emails:

A common thread running through the tens of thousands of emails that landed in Hillary Clinton’s in-box in her time as secretary of state is that aides and assorted advisers believe she is, well, awesome.

With a few exclamation points tacked on.

In notes sent to the private email account Mrs. Clinton used, various advisers routinely heap praise on the person who gave them their jobs or elevated them to her inner circle. Email flattery of this sort is a common tactic in the everyday workplace, but the Clinton emails show how it comes into play at the highest levels of government.

Employees tell Mrs. Clinton she is doing a “spectacular job,” that she has many admirers and that her remarks were “pitch perfect.” They assure her she looks “gorgeous” in photos and commend her clothing choices.

Look, I guess everyone has their own leadership style but from my experience it is a terrible idea to promote this kind of thing in one's organization.

Why?  Well, my organization has 350 people in it.  We can either think with just one person (me), working to improve our operations, or we can think with 350.  Those 349 other people know many of the ways in which we are screwing up and can improve -- the problem is getting them to come forward with those ideas.  And getting them to do so is far less likely if we are maintaining some sort of North Korean style personality cult of the CEO.

I have written about this before, but it's why I consider my Ivy League degrees to be a negative in running the company.  Many of my employees have only a high school education (at best) and are intimidated in bringing up an idea or telling me I am screwing up because they assume since I have these Ivy League degrees I must be smarter than they are and know what I am doing.   But in their particular job, in terms of my knowledge of what they see every day from customers and operationally, I am dumb as a post and completely ignorant.

Anyone who has worked for me for more than a few months can likely quote my favorite line which I use in most of my employee talks -- "If you see something that seems screwed up, don't assume Warren is smarter than you and wants it that way, assume that Warren is screwing up and needs to be told."

Postscript:  This sort of flattery also makes me deeply uncomfortable on a personal level, so much so I have a hard time understanding people who revel in it.  I once had an employee that could not stop with this sort of personal flattery, and eventually we ended up terminating them.  We terminated them for other good reasons, but I must admit to being relieved when they left.

The Utter Economic Ignorance of Tech Web Sites

Despite my advancing years, I still like to stay on the bleeding edge of tech, at least tech gadgets (in fact I would argue that I am of an age I have a hard time taking anyone seriously who calls themselves a hard-core programmer that hasn't had to write in assembly language, as I did back in college).

So I enjoy having 20-something's regale me on new tech goodies at sites like Gizmodo and Engadget.  But a running theme through all these sites is their shocking economic ignorance.  A good example was yesterday at Engadget with Sean Buckley writing on a decision in California to declare Uber drivers as employees of Uber rather than independent contractors.  Months ago I described a similar decision as signalling the death of Uber.  Buckley writes: (my emphasis added)

If you ask Uber, none of their drivers are employees -- just independent contractors who happen to use their network to get fares. If you've been watching the news though, you know some drivers disagree: filing lawsuits both in California and the UK for the right to be recognized as employees. Those drivers just got some vindication, by way of the California unemployment office. According to the Employment Development Department, at least one former Uber driver qualifies for unemployment benefits.

According to Reuters, the EDD decided that a former Uber driver in southern California was an employee; the decision was held up twice by a administrative law judge when Uber appealed. Apparently, Uber's control over the driver was a deciding factor -- the company gets to define fares, bar drivers from picking non-Uber passengers and can even charge drivers a cancellation fee for choosing not to pick up a fare. That's "in fact an employer / employee relationship," according to the decision.

Uber says this ruling doesn't have any impact on pending litigation, but it's certainly a feather in the hat of drivers who want a more traditional relationship with the company. We'll have to wait and see how that turns out as the class-action lawsuit moves forward.

I won't repeat what I wrote here, but suffice it to say that I think Uber is a dead duck in the long run if forced to treat drivers as employees.

The amazing line to me is the highlighted one.  What gives the author confidence that most Uber drivers "want a more traditional relationship with the company."  Is that what you want, more timeclock-punching and 100-page employee manuals?  My experience is that most Uber drivers value the fact that it is not a traditional job environment, and gives them a ton of flexibility on work hours, productivity rates, etc.    And why, by the way, is it assumed that every job must offer the same kind of employment relationship?  If someone doesn't like Uber, there are plenty of companies that will happily treat them like a mindless drone if that is what they like rather than being treated as an independent actor.

By the way, beyond the economic and liberty issues involved, I also think the California decision is just plain wrong in terms of the control Uber exercises.  Sure Uber sets standards for its drivers, but everyone does that for their contractors.  They key thing it does not do is set work hours and productivity rates.  They don't care when you work and they don't care how many passengers you carry in an hour, because you just get paid when you drive a customer.  Can you imagine a company that doesn't care when its employees show up for work or how hard they work when they do show up?  Neither can I, which tells me that this is NOT an employer-employee relationship.

Remember the conversation a few weeks ago over the NY Times article that tried to make Amazon out to be some kind of employer ogre because it sets tough productivity standards for employees?  That is what companies do when they have to pay by the hour (which is essentially how all employees, especially after Obama's most recent changes, must be paid).  So if you don't like companies that set tough productivity standards for workers, then why are you trying to kill labor models that don't require those kinds of standards?

The Problem with Elon Musk

When first presented with the idea of the Hyperloop (a train running in vaccuum in an underground tube), I was extremely skeptical it made any sense.   Sure it might work (after all the London tube started out as a pneumatic system much like those that older ones of us remember sending receipts around department stores).   But did it make any economic sense.  Was it really likely that, if we can't afford rail lines above ground easily, we could afford to build thousands of miles of air-tight large-diameter tubes?  Honestly, it looked to me like any other silly idea on the cover of Popular Mechanics, right next to the titanium zeppelin the size of Connecticut that would someday be doing construction work.

So enter Elon Musk, who is very passionate about the idea, claims to be convinced it will work, and appears to be putting some money behind it.   With his support, the idea must immediately be treated as more credible, and it does indeed get a lot of press.  But here is the problem for me with Musk:  With him, the idea must also be treated as very probably another attempt by him to drain money out of the taxpayers' pockets into his.  Because that is what he does in so many of his enterprises.

Claire McCaskill Casts Herself as the Modern Donald Segretti

The people behind all of this were frightened of Muskie and that's what got him destroyed. They wanted to run against McGovern. Look who they're running against.

-- Deep Throat, in the movie "All the President's Men"

This is not the most amazing story I have ever heard told about political machinations, but it is perhaps the most amazing told by a sitting politician about her own actions.  How Democratic Senator Claire McCaskill (proudly) manipulated the GOP primary to get the incredibly weak opponent she wanted.  As told by ... Claire McCaskill.

It was August 7, 2012, and I was standing in my hotel room in Kansas City about to shotgun a beer for the first time in my life. I had just made the biggest gamble of my political career—a $1.7 million gamble—and it had paid off. Running for reelection to the U.S. Senate as a Democrat from Missouri, I had successfully manipulated the Republican primary so that in the general election I would face the candidate I was most likely to beat. And this is how I had promised my daughters we would celebrate.

 

Short Apple?

Verizon's decision to stop subsidizing smartphone purchases in exchange for 2-year contract lock-ins is going to be a big change in the industry.  It will be interesting to see what happens to handset prices.  A while back someone I know had a Verizon iphone that they lost.  They were talking about going out and buying a new one to replace it.   I said, "uggh, an $800 hit."  They looked at me like I was crazy.  They said they had paid something like $300 for it.  I pointed out that that was likely with a 2-year contract lock-in, and that a replacement would go full price which can run over $800 depending on which version they had.

They did not believe me.  In fact they were almost indignant that I would suggest such a thing.  And went running off the the Verizon store with every confidence an iPhone 6 plus could be purchased for $200-$300.

This situation has obtained for a decade.  It will be interesting to see what happens to iPhone sales when customers are exposed to something closer to the true price.  Since most iPhones without contract go for more (substantially more in fact) than the laptops I am buying my employees, I can't help but think that iPhone revenues will suffer.  (Of course, the result could be everyone who wants a new iPhone switching to AT&T from Verizon  -- it is not at all clear Verizon's new no-subsidy rates are low enough to be a better net deal than the old rates+subsidy).

I use Verizon because my business operates in the boondocks and Verizon is almost always the last carrier standing when I drive out to our locations.  I wonder if Verizon will now be allowing unlocked phones?  I presume this will be the case -- T-Mobile is the other company that ended phone subsidies and I moved my unlocked Nexus to them.

By the way, the current T-Mobile $50 a month plan allows unlimited data and text when roaming in 120 countries, and $0.20 a minute international calls from any of these countries.  This is even better than you can do with the old method of buying an international sim card and switching when you land.   No other US carrier is even in the ballpark.  You have to pay Verizon $20 a month or so to get them to reduce international roaming text costs to 50 cents each with some paltry amount of data.  For international travelers, there is no other choice even close to T-Mobile among US carriers.

The Uphill Battle to Reduce the Size of Government

Last year, when Congress did a 1-year renewal of legislation governing public recreation and fee policies (FLREA) they left out a tiny provision that discouraged government agencies from taking back tasks they had privatized.  With that gone, parts of the USFS immediately began to move to bring certain operations back in house, even when doing so required that they both spend more tax money AND reduce services levels to the public.  Such is the strength of incentives in any government bureaucracy to expand their scope, staffing, and budget, even when it makes no sense for the public.

This week in an article at PERC, I tell one such story in depth. Here is an excerpt:

Consider one example: The Tahoe National Forest in California recently took the operation of some of their parks out of private hands, ending a nearly 30-year partnership with one of our competitor companies.

Did the Forest Service do it to save money? The private concessionaire operated entirely with the user fees paid by visitors, using no taxpayer money, and even paid rent back to the government. The agency’s in-house operating plan for running these campgrounds requires at least $2 million in taxpayer money over the next five years to supplement user fees.

Did they do it to improve service? The private concessionaire employed more than 60 paid workers living on site, with managers who worked weekends and holidays. The Forest Service plan calls for half this number of paid employees, and none will live on site or work weekends—the busiest time for recreation.

Did they do it to address some egregious for-profit abuse? The agency is actually planning to replace dozens of paid private workers with volunteers. At the same time that the federal government is mandating higher minimum wages for campground concessionaires, the Forest Service is replacing paid workers with unpaid labor.

Did the Forest Service do it to keep user fees low? The original stated reason for kicking out the private operator was the concessionaire’s request to increase user fees in response to recent increases in California’s minimum wage. In the end, however, the Forest Service raised fees even higher than those proposed by the concessionaire.

Phoenix Light Rail: We Spent $1.4 Billion (and Growing) To Subsidize ASU Students

The AZ Republic has some of the first information I have ever seen on the nature of Phoenix light rail ridership.  The first part confirms what I have always said, that light rail's primary appeal is to middle and upper class whites who don't want to ride on the bus with the plebes

Light rail has changed the demographics of overall transit users since the system opened in 2008, according to Valley Metro.

Passengers report higher incomes than bus riders, with more than a quarter living in households making more than $50,000 a year. Many riders have cars they could use.

The 20-mile system running through Phoenix, Tempe and Mesa recorded more than than 14 million boardings last year. Still, census data estimate less than one-third of 1 percent of Phoenix commuters — or about 2,000 people — use rail as their main transportation to work.

.0033% huh?  If we built similar facilities to serve everyone, it would only cost us about $420 billion at the rate of $1.4 billion per third of a percent.

But I thought this next bit was the most startling.  I always had a sneaking suspicion this was true but never have seen it in print before:

While the much larger bus system reaches most corners of the Valley, light rail connects specific destinations along a single line. Nearly half of light-rail riders are enrolled in college.

I must have missed this in the original sales pitch for the light rail line: "Let's pay $1.4 billion so ASU students can get to more distant bars."   Note that by these numbers, students likely outnumber commuters 10:1.  Doesn't bode well for light rail extensions that don't plow right through the middle of the most populous college campus in the country.

Postscript:  They don't break out people riding to get to sporting events downtown, but sporting events make up most of the largest traffic days on the system.  From my personal acquaintances, many people use light rail as a substitute for expensive downtown parking at sporting events, parking (often semi-illegally) near light rail stops and taking the train the rest of the way in.  On the whole, its not very compelling as a taxpayer to be helping to subsidize someone else's parking.  And from a municipal fiscal standpoint, it means that light rail fares may be cannibalizing (on a much greater ratio than 1:1 given the price differential) parking fees at municipal parking lots.

So How Can Anyone Be Opposed to Non-Discrimination Laws

First, let me establish a few background facts.  Several years ago I headed an attempt to put a Constitutional amendment legalizing gay marriage on the ballot here in Arizona.  As far back as 2004 I had a gay couple running a campground, and faced a customer petition demanding we remove them because they promoted moral degeneracy by being gay (it's for the children!).  I told those customers to camp somewhere else, as we were not changing our staffing.  Since then I have probably hired more gay couples to run campgrounds than anyone else in the business.

So how could I possibly be opposed to this:

After a period of foreshadowing and rumor, the Equal Employment Opportunity Commission has now gone ahead and ruled that employment discrimination on the basis of sexual orientation is forbidden under existing federal civil rights law, specifically the current ban on sex discrimination. Congress may have declined to pass the long-pending Employment Non-Discrimination Act (ENDA), but no matter; the commission can reach the same result on its own just by reinterpreting current law.

There are multiple problems with non-discrimination law as currently implemented and enforced in the US.  Larger companies, for example, struggle with disparate impact lawsuits from the EEOC, where statistical metrics that may have nothing to do with past discrimination are never-the-less used to justify discrimination penalties.

Smaller companies like mine tend to have a different problem.  It is an unfortunate fact of life that the employees who do the worst job and/or break the rules the most frequently tend to be the same ones with the least self-awareness.  As a result, no one wants to believe their termination is "fair", no matter how well documented or justified (I wrote yesterday that I have personally struggled with the same thing in my past employment).

Most folks grumble and walk away.  But what if one is in a "protected group" under discrimination law?  Now, not only is this person personally convinced that their firing was unfair, but there is a whole body of law geared to the assumption that their group may be treated unfairly.  There are also many lawyers and activists who will tell them that they were almost certainly treated unfairly.

So a fair percentage of people in protected groups whom we fire for cause will file complaints with the government or outright sue us for discrimination.  I will begin by saying that we have never lost a single one of these cases.   In one or two we paid someone a nominal amount just to save legal costs of pursuing the case to the bitter end, but none of these cases were even close.

This easy ability to sue, enabled by our current implementation of discrimination law, imposes a couple of costs on us.  First, each of these suits cost us about $20,000 to win (insurance companies are smart, they know exactly how this game works, and will not sell one an employment practices defense policy without at least a $25,000 deductible, particularly in California).  It takes a lot of effort for the government, even if neutral and not biased against employers as they are in California, to determine if the employee who was fired happened to be Eskimo or if the employee was fired because he was an Eskimo.  Unfortunately, the costs of this discovery are not symmetric.  It costs employees and their attorneys virtually nothing to take a shot at us with such discrimination cases, but costs us$20,000 each to defend and win (talk about Pyrrhic victories).  Which is why we sometimes will hand someone a few bucks even if their claim is absurd, just to avoid what turns out to be essentially legal blackmail.

Second, the threat of such suits and legal costs sometimes changes our behavior in ways that might be detrimental to our customers.  A natural response to this kind of threat is to be double careful in documenting issues with employees in protected groups, meaning their termination for cause is often delayed.  In a service business, almost anyone fired for cause has demonstrated characteristics that seriously hinder customer service, so drawing out the termination process also extends the negative impact on customers.

To make all this worse, many employees have discovered a legal dodge to enhance their post-employment lawsuits (I know that several advocacy groups in California recommend this tactic).  If the employee suspects he or she is about to be fired, they will, before getting fired, claim all sorts of past discrimination.  Now, when terminated, they can claim they where a whistle blower that that their termination was not for cause but really was retaliation against them for being a whistle-blower.

I remember one employee in California taking just this tactic, claiming discrimination just ahead of his termination, though he never presented any evidence beyond the vague claim.  We wasted weeks with an outside investigator checking into his claims, all while customer complaints about the employee continued to come in.  Eventually, we found nothing and fired him.  And got sued.  The case was so weak it was eventually dropped but it cost us -- you guessed it -- about $20,000 to defend.  Given that this was more than the entire amount this operation had made over five years, it was the straw that broke the camel's back and led to us walking about from that particular operation and over half of our other California business.