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The endgame is set
posted by Steve Sebelius
Monday, Apr. 14, 2008 at 3:13 PM

We at Various Things & Stuff have just learned — after we read a Review-Journal news flash on the subject — that the state Supreme Court has agreed to hear the Nevada Resort Association’s appeal of a decision to allow a gambling tax increase to go on the ballot.

That hearing will be July 1.

That’s assuming, of course, that the Nevada State Education Association can gather the required 58,836 valid signatures by the deadline of May 20.

As you can see by those dates, if the high court rules the petition is invalid — or suggests the union needs to change the petition’s wording to make it valid — it’s very likely game over, since there will be no opportunity to go back and collect signatures again this year.

Sure, the union could still pivot and try a legislative referendum, which asks the state Legislature to consider passing a gambling tax increase, but we don’t see that being an effective strategy. First, it’s doubtful very many lawmakers would sign on to a gambling tax increase. Second, even though the measure would automatically end up on the 2010 ballot anyway, it would only be a statute, not a constitutional amendment. And after three years, that statute could be changed.

So, how will the high court rule? The initiative, as written, has already passed muster with Senior Judge Miriam Shearing, a former member of the high court, which tends to argue for its constitutionality.

But let’s not forget the politics involved: The court may want to side with the state’s No. 1 industry, given the fact that that industry can help unseat a justice who doesn’t see things the way casinos do. On the other hand, the court may be reluctant to interfere with a (by then) duly qualified ballot initiative, given what happened the last time a voter-approved measure was upended by judicial fiat. (Read — justices bounced from their seats by voters after trying to set aside the two-thirds requirement for the Legislature to raise taxes.)

Or, the high court could rule that the wording is insufficient, but edit it just enough to leave it on the ballot. And given that Shearing in an earlier ruling identified a bit of “logrolling,” when the union linked the gambling tax increase with a salary boost, it could very well end up that the court says:

a.) the petition is legal;

b.) proceeds of the increased tax can go to education; BUT

c.) the money doesn’t necessarily have to be spent on salaries.

In that way, nobody would be happy. Casinos would see taxes in the top tier of the gross gambling tax rise from 6.75 percent to 9.75 percent, and teachers would see money flow to schools but not necessarily to them. And the court would look like it’s splitting the Solomonic baby.

We can’t wait for the fallout on this one.

UPDATE: The Review-Journal, in an editorial that clearly shows somebody’s been reading too much Ann Coulter, comes out against term limits. Lawmakers are old and showing signs of Alzheimer’s? Ha. We get it. Funny.  What we don’t get is why the editorial didn’t make a cogent case for term limits beyond “government = bad.”

Oh, that’s right. This editorial was a signal to the state Supreme Court, that the R-J would look with disfavor on anybody who votes to strike down term limits (regardless of the legal merits involved in doing so). They’re prepared with the Guinn v. Legislature treatment for anybody who dares show anti-term limits thinking, so as to perpetuate not good government policy, but R-J power over government policy. It all makes sense now.

James “Buffalo Jim” Barrier dead at 55
posted by Andrew Kiraly
Monday, Apr. 7, 2008 at 10:56 AM

James ''Buffalo Jim'' Barrier. Photo courtesy of Steve Miller.

Father, big-hearted activist, wrestling impresario, auto shop owner and columnist James “Buffalo Jim” Barrier died yesterday. According to preliminary information from the coroner’s office, Barrier died from natural causes at the Motel 6 on 4125 Boulder Highway. But journalist and former City Councilman Steve Miller, a longtime friend of Barrier, suspects foul play and has contacted the FBI.

Another article in the Canadian Free Press elaborates here.

Translation: Can we start over, like, right this frickin’ minute?
posted by Andrew Kiraly
Tuesday, Mar. 18, 2008 at 3:09 PM

This just in: Judge Quackenbush has declared a mistrial in the Medical Mafia case.

Says Nevada’s presumably frothy-mouthed U.S. Attorney in a release:

“A mistrial was declared today in U.S. v. Noel Gage following the jury’s inability to reach a unanimous verdict,” said Nevada U.S. Attorney Gregory A. Brower. “The Government is very confident in its case against this defendant and looks forward to a retrial.”

Shades of Jim Gibbons!
posted by Steve Sebelius
Wednesday, Mar. 5, 2008 at 1:50 PM

As if all the other initiatives out there weren’t enough, there’s a new one that’s really going to blow your mind. And by “blow your mind,” of course, we mean “induce a giant yawn.” But pay attention anyway, as this one has legs: Any initiative that calls for a tax increase would require a two-thirds supermajority vote of the public, the same way any vote in the Legislature to raise taxes needs two-thirds.

You know, because that two-thirds thing has worked out so well in Carson City. It’s the brainchild of then-Assemblyman Jim Gibbons. But we tend to think this one has the fingerprints of one Sheldon Adelson, chairman of Las Vegas Sands.

Here’s the release, sent out just moments ago from Steve Martin, a former Nevada state controller:

(Carson City, NV) – Today, former Nevada State Controller Steve Martin filed a ballot initiative with Secretary of State Ross Miller’s office hat will require a 2/3 supermajority vote of the public for passage on allot initiatives that seek to raise taxes. Currently, ballot easures that seek to raise taxes only require a simple majority vote
in order to pass. The Gibbons Tax Restraint Amendment to the Nevada constitution – which passed with overwhelming support in both the 1994 nd 1996 general elections – requires a supermajority vote of the Legislature in order for lawmakers to pass tax increases. This measure seeks to apply the same standard to the initiative process.

“Taxpayers have been protected for more than a decade by the Gibbons Tax Restraint Amendment. The 2/3rds requirement in the State Legislature forces those promoting tax increases to make a stronger case to our elected leaders that a tax increase is necessary. This initiative would give the voters the same level of security.” stated
former Nevada State Controller Steve Martin.

“Unfortunately, special interest groups are now trying to circumvent the legislature’s two-thirds requirement by placing massive tax increases on the ballot, where they only need a simple majority vote” continued Martin. “The Nevada Taxpayers’ Protection Act will apply the same supermajority requirements to all tax increase proposals, further
protecting Nevada taxpayers and the economic viability of our State.”

“Raising taxes in Nevada should never be the easy way out. Establishing criteria for the uses and needs of the additional revenue should always be important criteria before raising any tax,” Martin continued. “It simply is not right for special interest groups to come to Nevada, place tax increases on our ballot, run a slick campaign to
pass them, and stick our residents and businesses paying the bill. Requiring two-thirds of voters to approve any tax increase will help our state continue to grow, create new jobs and provide a better quality of life for today and tomorrow”.

Nice. We have become California, without the beautiful beaches, delicious wineries, cultural diversity, computer innovators or Hollywood.

“The mail’s here, honey! Let’s see … a thank-you note from your sister, some Val-Pak coupons … oh, and a letter saying you have AIDS.”
posted by Andrew Kiraly
Wednesday, Mar. 5, 2008 at 1:25 PM

We just received some troubling information from a source with connections to the post office — information that compounds even further the dangerously penny-pinching ways of the officials at the now-shuttered Endoscopy Center of Nevada.

According to the source, the 40,000 notification letters urging clients to get tested for HIV and hepatitis strains B and C were sent by the Southern Nevada Health District using standard mail — also known as bulk mail or standard mail. It’s cheaper to send than first-class mail.

According to the U.S. Postal Service website, a piece of bulk mail can be specially endorsed so it’s forwarded if the intended recipient has moved. It can also be endorsed to instruct the postal carrier to discard the mail if the intended recipient has moved.

According to the source, the letters have no special marks at all. A look at the one of the letters being sent out by the health district seems to confirm this:

Just your everyday, life-or-death junk mail.

However, district spokesperson Stephanie Bethel says the letters have been coded to be returned to the health district if the addressees have since moved. She also says the district to used the postal service’s National Change of Address database to better ensure letters reached the right people. “The letters are not being discarded, which is the important thing,” she says.

But that assertion is contradicted by at least three mail carriers, who have said the plain-looking letters are considered “unendorsed bulk mail.” If the intended recipient isn’t at the listed address, the mail carriers have no choice but to discard the mail in a recycle bin. They say the only way they could return such mail to the health district is to hand-deliver it back. The source also said mail carriers who handled the letters expressed surprise that the mailings didn’t have forwarding instructions or even a mark of “urgent” or “important.”

Either way, surely Southern Nevada’s transient population is only going to complicate the information campaign.

Everything is totally under control now
posted by Steve Sebelius
Wednesday, Mar. 5, 2008 at 1:20 PM

Democrats had a news conference today to announce the appointment of the well-respected state Sen. Terry Care as Clark County’s very own Official Jimmy Carter Election Monitor. So, you know, that should fix all the problems of a do-over county Democratic convention slated for April 12.

Still, we thought it was amusing that somebody had hoisted the Nevada flag upside down in front the Thomas & Mack Center, where the news conference was held. That is generally regarded as a sign of distress. (Maybe some college types angry at Gov. Jim Gibbons for those budget cuts?)

But it was all smiles and cooperation as anxious Democrats tried to smooth over Feb. 23’s Clusterfuck Convention and prepare everybody for April 12, the date selected for Clark County Democratic Party Convention II: Revenge of the Clusterfuck.

Somehow, we think the current (as of this writing) chairman of the county party has been humbled by the metric tons of criticism heaped upon him by pretty much everybody except the Republicans since Feb. 23 went horribly awry. He apologized again, and this time didn’t try to weasel out of it by once again angrily blaming the Hillary Clinton or Barack Obama campaigns or pretending that “it’s all good.”

“I want to apologize to all Democrats who were inconvenienced or frustrated,” said He Who Shall Not Be Named. (We call him that ever since a source told us he loves seeing his name in print or hearing it uttered on TV. We’re not enablers!)

At least, that’s what we think he said. The news conference was constantly interrupted by aircraft taking off from McCarran’s Runway One-Niner Right, so it was hard to hear sometimes.

As a result of the negotiations between the campaigns, the county party and the state party (which has been tasked by the Democratic National Committee to “fix it”), an executive committee has been appointed. Members are: He Who Shall Not Be Named; state party Chairman Sam Lieberman; state Sen. Steven Horsford, representing the Obama campaign; Clark County Commission Chairman Rory Reid, representing the Clinton campaign, and Care, introduced as the “third party administrator.” He will have the job of arbitrating disputes between the parties.

The fact that the convention has to essentially be turned over to a third-party administrator is a statement in itself that the existing leadership totally screwed the political pooch Feb. 23, and could not be trusted to run things smoothly April 12. But it seems like the best way to restore confidence in the process, and avoid a potential riot.

Currently, volunteers from the state party, the county party, and the two conventions are sorting through records to identify duly elected delegates, who will receive their credentials and instructions on April 1. (Oh, my God! April 1! As if this thing hasn’t been enough of a joke!) The April 12 gathering will be held at the Thomas & Mack, and voting will take place starting at 8 a.m. and continuing until 7 p.m., allowing shift workers and the totally lazy to cast their votes.

All we can say is this: We really hope the county party goes the extra mile and has the beer concessions open that day. Because it took three Scotches for us to wash off the residue of the last convention. We prefer the fine taste of Gordon Biersch, if you’re listening, county party.

Speaking of that, He Who Shall Not Be Named says the county party will bear the majority of the costs of the second convention, but may ask the state party or the campaigns to pitch in. Nobody will be asked to pay a registration fee at the second convention. And he’s negotiating to get the Thomas & Mack at cost.

“Again, I want to assure Democrats this will be an entirely different experience than the one of Feb. 23,” He said, apologizing again for failing to foresee the easily foreseeable problems of that day. Aw, gee, with everybody so happy and coming together Obama-style, we almost feel sorry for the guy. Almost sorry enough to use his name, maybe just once.

Almost.

How could it have come to this?
posted by Steve Sebelius
Friday, Feb. 29, 2008 at 3:50 PM

The news has been buried under piles of twice-used syringes, castor beans in a cheap motel room, NASCAR preparation and Divorceapalooza 2008 coverage, but my colleague Jon Ralston has the shocking, sad story.

Las Vegas Sands, the company headed by billionaire Sheldon Adelsonfiled a pair of initiatives today, one to divert room tax money used by the Las Vegas Convention and Visitors Authority and use it on schools, the other to divert room tax money and use it on schools, roads and cops.

How could it have come to this? How could things have gotten this bad? Where did the world go so topsy turvy that a man Forbes ranks as the sixth-richest in the world, a man who owns a governor outright, would be forced to … we can barely type the words … circulate an initiative like some ordinary slob?

This isn’t the Las Vegas we know.

Now, instead of dictating policy from the executive suites at The Venetian, Adelson (well, Adelson’s people) are going to have to search for support among the regular folk. And that means arguing that their ideas are better, rather than just calling Gov. Jim Gibbons and having him regurgitate whatever he’s told. God, if we’re not careful, this could degenerate into democracy.

Anyway, poor Adelson will be subjected to something he probably never hears: Counter-arguments! People will say that it’s a stupid idea to take room tax money and use it on schools, since the convention authority needs it to promote Las Vegas. Or that the money is already committed to bonds, and to the multi-million- dollar upgrades at the convention center. Or that more than half of the money already goes for schools and roads.

The really cynical among the population might even suggest that Adelson was circulating these initiatives to kill the LVCVA because it competes with his private convention center at the Venetian.

How, how, how could it have come to this, a time in Las Vegas when the wealthy and powerful have to stoop down to use the tools of democracy like they were crazy potheads trying to legalize marijuana or misanthropic failed congresswomen trying to assault nurses and cops? This is an outrage, people!

IRS agents visit Pure Management offices
posted by Mike Prevatt
Wednesday, Feb. 20, 2008 at 7:05 PM

(Photo of federal agent outside of Pure Management office by Bill Hughes)

It’s amazing to think Las Vegas nightlife has so far largely avoided the radar of the Internal Revenue Service, given how raid-happy agents have been in bigger cities such as New York. But today, that distinction was obliterated when federal agents swooped down on the offices at 2121 Industrial Road, Suite #107 - the address listed for Pure Management Group, which owns 13 casino entertainment entities including Pure and LAX nightclubs.

Dianna Nielsen, local public information officer for the IRS criminal investigation division, was on site to talk to media, though not much could be revealed about the apparent operation at press time, other than the fact agents were currently present - for “official business” - and PMG employees were not, and that an investigation could be neither confirmed nor denied. She also could not confirm whether agents had also visited any of the PMG properties, though reports elsewhere alleged their presence at Pure, the company’s flagship venue at Caesars Palace.

Pure Management Group ascended the Vegas nightlife ranks after the immediate success of megaclub Pure, which opened in January 2005 and followed the openings of Coyote Ugly bar at New York-New York and Tangerine nightclub at Treasure Island. Since then, it has become arguably the fastest-growing nightlife/dining company in the city. A Vegas outpost for Lucky Strike Lanes in the Rio hotel-casino, as well as a handful of see-or-be-seen spots including LAX, opened within the past year.

PMG officials declined comment, but did send a statement that said the nightclub management company “is fully cooperating with this IRS investigation and looks forward to a quick and satisfactory resolution. Until that time, we will have no further comment on this matter.”

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