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Limits of acceptable Dissent

(Via Jesse Walker @ Hit and Run 2008-06-05.)

Here’s a quick pull-quote from an interesting, if largely unremarkable — in the literal sense that I don’t find much of anything else to remark about in it — Leftist reappraisal of Hayek, in the Old Left warhorse Dissent:

Of course, a classical liberal would argue that single-payer health care funding would amount to controlling inputs and outputs by other means. But it is possible to imagine market forces at work under a social insurance plan, and the market distortions could not be greater than those produced by the health maintenance organizations we have now. In any case, no one argues that a government monopoly in a specific sector vital to the national interest—the military, say—must lead to totalitarianism.

— Jesse Larner, Dissent (Winter 2008): Who's Afraid of Friedrich Hayek? The Obvious Truths and Mystical Fallacies of a Hero of the Right

No one argues that? Really?

Hell, I’ll argue it. Why shouldn’t I?

If government-planned monopolies in vital commodities like oil, steel, corn, cotton, etc. tend naturally towards invasive politics and, ultimately, totalitarian command-and-control, then why not also a government-planned monopoly in such an essential function as self-defense? Just because it’s somehow vital to the national interest [sic]? If we’re working from facts and not just from wishcraft, there’s no reason to believe something’s being universally desirable, or necessary for the general run of the populace, or whatever else that phrase might mean, offers any firm guarantee that it won’t be politically dangerous to provide, that its provision could not be used as leverage for regimenting and coercing individual people. Which is Hayek’s point about the danger of government monopoly.

The idea that the essence of the State rests in its monopoly on the means of physical force, especially military and police force, and in the corresponding disarmament of the populace, and that therefore the State as such naturally and ineluctably tends towards an ideal of totalitarian control over terrorized subjects kept in a state of absolute dependence on it, unless, and until, and only to the extent that its ambitions and usurpations are checked by external constraints from civil society, from rival powers, or from economic and technological limitations–that idea, I say, is bread-and-butter anarchist analysis. Maybe that analysis is right, and maybe it is wrong, but it is there, and if wrong it will certainly have to be addressed by argument, not blinked out of existence with a self-assured No one argues….

At Dissent, Hayekian limited-governmentalism is apparently considered a position which can be acknowledged as real, and grappled with, and treated as if it has something to teach us. But apparently the basic anarchistic position on government military and government policing is so far beyond the pale that it need not even be considered; nobody seriously believes that. But why not? What justifies the self-assurance? What places anarchism so far beyond the limits of acceptable dissent at Dissent that it need not even be mentioned?

Law and Orders #7: Portland cops Erin Smith and Ron Hoesly find it “would be necessary” to pull Phil Sano down off his bike, beat him up, and taser him repeatedly, for biking without a headlight

(Story thanks to a private correspondent.)

Government cops are here to protect you by shouting orders at passing strangers on bicycles, For Their Own Good, and then, if the biker should fail to immediately obey arbitrary commands to stop, bellowed by complete strangers on the street at 9:30 pm, who don’t make any effort to identify or explain themselves, and who are dressed all in black so that you can hardly even see who the hell is hollering at you, they’ll make sure you’re biking safely by tackling you, slamming you against a nearby wall, wrestling you to the ground, and then, when you say No and ask to know what you did wrong, declaring that you’re combative and torturing you with repeated high-voltage electric shocks, before they finally, in a remarkable act of circular practical reasoning, arrest you for resisting arrest.

But first, let’s review.

Cops in America are heavily armed and trained to be bullies. They routinely shove their way into situations where they aren’t wanted, weren’t invited, and have no business being. They deliberately escalate confrontations in order to stay in control through superior belligerence. They commonly use force to end an argument and then blame it on their victim. They rewrite events using pliable terms like aggressive, combative, and belligerent to conflate unkind words, purely verbal confrontations, or weak attempts to escape a grip or ward off blow with actual threats or violence against the cops, to excuse the use of extreme violence as retaliation for mouthing off or not just laying down and taking it like an upstanding citizen. They invariably pass off even the most egregious abuses of power as self-defense or as the necessary means to accomplish a completely unnecessary goal.

Cops carry a small armory of weapons and restraints that they can freely use to hurt or immobilize harmless or helpless people, and have memorized a small library of incredibly vague laws (disorderly conduct, resisting a police officer) that they can use as excuses for hurting, restraining, and arresting their victims, with virtually no danger of ever being called to account for their actions as long as other cops, who already have a professional interest in minimizing or dismissing complaints about abusive pigs, can figure out some way to fit the use of these incredibly vague offenses into the police department’s incredibly vague Official Procedures for arrests and for the use of force.

The practical consequence of their training and the institutional culture of impunity within which they operate are squads of arrogant, unaccountable, irresponsible hired thugs with massive senses of entitlement, organized into a paramilitary chain of command, who contemptuously dismiss their neighbors as mere civilians, who treat anyone who dares to give them lip or who questions their bellowed commands as a presumptive criminal, who have no scruple against using an arrest or torturous physical pain to force you to comply with their arbitrary orders, and who excuse any sort of abuse by sanctimoniously informing you that it became necessary to stomp on you in order to protect you — whether or not you ever asked for the protection in the first place.

One increasingly popular means for out-of-control cops to force you to follow their bellowed orders is by using high-voltage electric shocks in order to inflict pain. Tasers were originally introduced for police use as an alternative to using lethal force; the hope was that, in many situations where cops might otherwise feel forced to go for their guns, they might be able to use the taser instead, to immobilize a person who posed a threat to the life and limb of the cops or of innocent third parties, without killing anybody in the process. But in practice, police culture being what it is, any notion of limiting tasers to those situations very quickly went out the window. Cops armed with tasers now freely use them to end arguments by intimidation or actual violence, to coerce people who pose no real threat to anyone into complying with their instructions, and to hurt uppity civilians who dare to give them lip. Among civilized people, deliberately inflicting severe pain in order to extort compliance from your victim is called torture; among cops it is called pain compliance and is considered business as usual. So shock-happy Peace Officers can now go around using their tasers as high-voltage human prods in just about any situation, with more or less complete impunity.

Thus, in the latest news from Occupied Cascadia, here’s how Portland cops Erin Smith and Ron Hoesly made sure that Phil Sano, who was suspected of the terrible crime of biking without a headlight, would get home safely:

The incident occurred around 9:30pm on SE 7th Street, just north of SE Morrison Ave. Phil Sano says he was riding along and felt cold, so he went to zip up his jacket. Then, in an email he sent me just hours after the incident, he wrote,

Across the street a man in all black shouted at me and started walking my way. I stopped pedaling, but didn't stop because my hands were not on my brakes. He then sprinted, lunged and tackled me. I then scuffled to separate him and stood apart from him in a defensive position.

Then, Sano says, he was tasered several times.

I felt a sharp sting in my back and heard a repetitive clicking. I turned around to see that I was being tasered!

At that point, Sano maintains he still did not know what was going on and he repeatedly asked the officers to explain what he had done wrong. At that point, Sano says two officers were holding him down and he could still feel the taser charge flowing into his back.

I was still freaked out and yelled again, why are you shooting me?

Sano says the cops yelled for him to get down, but that he still had no idea who was accosting him. He wrote, It was pretty dark and they were wearing all black without any sort of shiny badge.... They looked kinda' like cops, but generally cops do not tackle bikers unless it is Critical Mass.

According to Sano, he was tasered point blank in the chest and the lower back and that he began to spasm out of control as the surge of electricity involuntarily constricted his muscles.

...the cop took two steps after him, grabbed him by the shirt, yanked him off the bike, ran hum up the sidewalk and slammed him against the wall and then right away started tasing him.

–Diana Spartis (she witnessed the entire incident)

After pleading repeatedly for them to stop, Sano says they continued and that, without question, I could tell they enjoyed seeing me become so helpless, so weak. It was humiliating.

Once the tasering stopped, Sano said he laid in a small puddle of his own urine, breathing irregularly and seething with rage.

I can still feel their knee on my neck as I write this, but even then I knew they were in the wrong... really, really fucking wrong. He added, There was no cause for such violence; I was not harming anyone and I made sure that everyone within earshot knew it.

Sano says that all the while, a barb from the taser remained lodged in his chest. Luckily, he remembers, a passing ambulance heard him screaming, stopped on the scene, and removed the electrode from his chest. Sano says that the EMT, was very concerned that his speeding heart rate would not slow down.

Once everything calmed down, Sano says the cops told him that he was stopped because he didn't have a front light.

— Jonathan Maus, BikePortland.org (2008-06-11): Man on a bike is tackled, then tasered by Portland Police

According to Jonathan Maus at BikePortland.org (2008-06-11), the Gangsters in Blue arrested Sano and laid five charges on him, one of which was a civil citation for not having the headlight, and all the rest of which were charges for crimes that consisted in nothing other than failing to let himself be arrested for something that he couldn’t have been rightfully arrested for to begin with. They later decided that they’d rather not discuss the detention-beating-torture-arrest in open court.

Hoesly and Smith initially charged Sano with Resisting Arrest, Attempted Escape III, and Disorderly Conduct. He was also cited for not having a front light (ORS 815.280) and Failure to Obey a Police Officer (ORS 811.535).

(UPDATED) At his arraignment at the Justice Center in downtown Portland a few hours ago, Sano says the clerk told him he had been given a no-charge. According to a source who is a lawyer that means (for whatever reason) the case is not going forward, but the charges can brought back to life at a later date. My source says this could be an indication that either the police or the DA's office didn't think they could prove, or didn't want to try to prove, the charges.

— Jonathan Maus, BikePortland.org (2008-06-11): Man on a bike is tackled, then tasered by Portland Police

Here is what spokespig Brian Schmautz, Public Information Officer for the Portland Police Bureau, had to say by way of after-the-fact justification for this vicious gang beat-down:

The officer, then reached out to stop Sano [sic!] and they began to struggle. Sano refused to comply with any of the officers orders and continued to resist until additional officers arrived. The officers attempted to Taser Sano, but it was ineffective because of Sano's clothing.

Sano was eventually arrested and taken to jail. Sano apparently admitted he had been drinking, but was not given field sobriety tests because the officers were not arresting him for DUI. FYI, the officers checked Sano's history and learned that the Police Bureau had given Sano a warning for a bike light and a free bike light in the past.

— Public Information Officer Brian Schmautz, quoted in Jonathan Maus, BikePortland.org (2008-06-11): Man on a bike is tackled, then tasered by Portland Police

Since not one clause in them is even remotely pertinent to the cops’ charges against Sano or to anything that happened, or anything the cops would have known, the night of the beating, I have no idea what the last two statements have to do with anything, except for a clumsy attempt to smear the victim as a drunk, an ingrate and a scofflaw.

Meanwhile, here is how Sergeant Erin Smith justified the gang beating / torture to Sano, at the time:

Sano admits he didn't have his front light on his bike, because someone had stolen the cradle it attaches to. He says the cops found his light in his fannypack a few minutes later.

According to Sano's recollection of the incident, he heard Officer Smith say, You should have stopped when I told you to. Then none of this would be necessary.

— Jonathan Maus, BikePortland.org (2008-06-11): Man on a bike is tackled, then tasered by Portland Police

Please note that Portland police Sergeant Erin Smith believes that it’s necessary to have a gang of cops beat the hell out of you and torture you on the side of the road if that’s what it takes to make you immediately follow their shouted orders about bike safety. Your ideas about what’s necessary may be different from hers. If you’d like to let Police Chief Rosanne Sizer know about your difference of opinion, you can contact her by e-mail at chiefsizer@portlandpolice.org, or by phone at 503-823-0000, or by fax at 503-823-0342.

If you are in the Portland area, Phil Sano’s attorney, Stu Sugarman, is looking for contact information for people who witnessed the beating. It went down Tuesday night, around 9:30 pm, in Southeast Portland near SE 7th and Morrison. If you saw it yourself, or know anyone who did, you can contact Stu Sugarman by e-mail at quixote516@yahoo.com, by phone at 503-228-6655, or at 838 SW 1st Ave., Ste. 500, Portland, OR 97204.

Remember that you cannot count on the cops to do a damn thing about this unless and until they are forced to by you and your friends and neighbors. The State will never police itself; the government will never make a serious effort to protect you from your supposed protectors.

Support your local CopWatch.

See also:

Inciting people to rise against the government and reporting falsehoods about people being killed

Here is the front page, above-the-fold story from the current issue of the Industrial Worker, on troubling news from Zimbabwe, a rich and fertile country immiserated and stripped by a century of kleptocratic armed factions — first the land-grabbing colonialists, and then an independent white apartheid government, and now a violent anti-colonial, revolutionary government, which has intoned populist slogans in order to justify government patronage to its political supporters, while assaulting all popular movements independent of the government — especially workers’ unions — on the grounds that any movement independent of, or opposed to, the anti-imperial government must therefore be a tool of white imperialism. The government that claims the right to rule Zimbabwe has, through this and other means, made itself into one of the most violently anti-worker governments in the world today.

Zimbabwe [sic] arrests unionists, opposition

Zimbabwe’s ruling party and paramilitaries are conducting a terror campaign of arrests and captive meetings of opposition supporters before the presidential run-off election on June 27.

Police arrested the union president Lovemore Motombo and general secretary Wellington Chibebe of the Zimbabwe Congress of Trade Unions (ZCTU) on May 8. Police charged them with inciting people to rise against the government and reporting falsehoods about people being killed during a May Day rally.

The General Agriculture and Plantation Workers Union of Zimbabwe has said that 40,000 farm workers are affected by the current terror campaign that has led to violence and eviction from their workplaces.

Teachers in rural classrooms are among those being targetted as MDC supporters. Two have been killed to date, with a third abducted by Zanu-PF paramilitaries. The teachers’ union has received reports that the Zanu-PF are chasing teachers out of schools, beating them, and demanding repentance fines in the form of cash, goats, and cattle, according to IRIN, a United Nations news service report. The situation in the schools resembles war zones, and there is no way teachers can report for work to face those death squads, Raymond Majongwe, president of the Progressive Teachers Union of Zimbabwe, told IRIN.

Our fear is that more could be under torture, or have been killed, said Majongwe.

The MDC has placed the death toll since the March 29 election at 43 people, with hundreds beaten and more than 5,000 people fleeing to the mountains and elsewhere to escape Zanu-PF militias.

People who have tried to file complaints to the police are, in turn, detained and interrogated, said the MDC, which means few people are coming forward.

On April 25, armed police raided the opposition Movement for Democratic Change (MDC) headquarters in Harare and arrested more than 300 men, women and children who had taken refuge there from political violence.

National and international unions have condemned the Zanu-PF for the violence against union members and party activists.

Dockworkers affiliated with the Congress of South African Trade Unions in South Africa and dockworkers in Mozambique refused to unload a ship loaded with AK-47 machine gun bullets, mortars and rocket-propelled grenades sold by China to Zimbabwe. The ship returned to China without unloading its cargo.

In a speech to the Zanu-PF’s Central Committee on May 16, Zimbabwean President Robert Mugabe said Zimbabwean democracy was stronger than ever and blamed the opposition Movement for Democratic Change (MDC) for inciting rural violence to benefit Western political and corporate interests.

Such violence is needless and must stop forthwith. Our fist is against white imperialism; it is a fist for the people of Zimbabwe, never a fist against them.

The same day, MDC leader Morgan Tsvangirai delayed his return to Zimbabwe, saying that his party alleged that the military planned to kill him and at least 36 other opposition leaders.

Tsvangirai had been lobbying neighbouring countries and the United Nations to pressure Mugabe to release and accept the election results.

While the MDC refers to Tsvangirai as the President on its web site, it has agreed to contest the presidential run-off in a bid to avoid violence such as that seen in Kenya after its election.

Despite the violence, MDC activists are gearing up for the presidential election campaign. The MDC said that 20,000 activists attended a rally in Harare.

The people are very clear on what they want. They want change. The dictatorship is dead and on 27 June we must attend its burial, said MDC parliamentarian Nelson Chamisa.

— The Industrial Worker 105.04 (June 2008): Zimbabwe arrests unionists, opposition

It’s hard to know what to do in the face of this kind of violence, especially when it is so far away. There may not be much that American workers really can do other than bear witness and hope. But I do want to call special attention to the vital importance of actions like those of the dockworkers in South Africa and Mozambique — an inspiring example both of direct action on the shop floor, and also international labor solidarity. In the end, the actions of workers both in Zimbabwe and in international solidarity campaigns will matter far more than even the fairest, most transparent, most open elections ever will or ever could. What is needed is more — not just inspiring examples, but a coordinated campaign of industrial action against the entire coercive apparatus of Zanu-PF and the Zimbabwean state, to choke off their capacity to attack and terrorize workers.

What Mugabe and his apparatchiks are doing to workers in Zimbabwe is abominable, but we must never forget that the workers have more power standing with our hands in our pockets than all the combined wealth and weapons of the bosses — whether economic, social, or political.

Further reading:

Beating up your teenage daughter isn’t just a good idea. It’s the law.

If you happen to pass through Justice of the Peace Gustavo Gus Garza’s court room, anyway.

(Mike Gogulski @ nostate.com 2008-06-08: Texas: Court-mandated assault for skipping school.)

Lawsuit: Los Fresnos JP ordered spankings

5 June 2008

BROWNSVILLE, TEXAS (AP) — A Los Fresnos family is going to court to prevent a Cameron County justice of the peace from ordering spankings in his courtroom.

A lawsuit filed today alleges Justice of the Peace Gustavo Gus Garza told a 14-year-old girl's stepfather to strike her repeatedly on the buttocks in open court.

If he didn't, the judge said the girl would be found guilty and fined $500 for truancy.

The lawsuit by Mary Vasquez and her husband, Daniel Zurita, described the paddle provided by Garza as large and heavy and fashioned from a thick piece of lumber.

In a story for The Brownsville Herald, Garza declined to comment on whether he has people spanked in his courtroom. He also said he had not seen the lawsuit.

Zurita says he didn't feel as if he had a choice but to follow the order.

In an affidavit, Zurita says that when he was through, the judge told him he had not struck the girl hard enough.

— KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

Because he coerced the stepfather into beating and humiliating his 14-year-old daughter in open court, in front of strangers, by threatening to inflict a several hundred dollar fine and a criminal record on the young woman if he didn’t do it, Justice of the Peace Gustavo Gus Garza believes that he didn’t order the beating; he just offered it as a punishment option. Much like a mugger offers you an option between your money and your life, I guess:

Justice of the Peace Judge, Gustavo Garza was in court this morning after getting sued for his spanking punishment option. The plaintiffs are Mary Vazquez and Daniel Zurita. They want a temporary restraining order against Judge Garza's spanking punishment. Instead, state district judge Abel Limas has reset the hearing for next Wednesday.

The parents of a 14-year-old teenager were in court, hoping to put a stop to Judge Garza's idea of punishment. Their complaint says that Garza told the teen and her step-father that the teen would be found guilty of a criminal offense and fined $500 for not attending school unless Zurita spanked his step-daughter in the JP courtroom on April 9th. The couple’s attorney Mark Sossi, argued that Judge Garza did not have the authority to order someone to spank their child. But after the hearing Judge Garza told us again that he did not order anyone. Parents had a choice to either spank or pay up.

I've never ordered anybody to use discipline on their children in court.

— Michelle Macias, KVEO 23 Rio Grande Valley (2008-06-06): Judge Gustavo Garza’s First Day in Court

Please note that when Garza says using discipline, he doesn’t mean what the words would naturally suggest, that is, for the parent to exercise restraint in spite of strong feelings of anger or frustration. By using discipline, Garza means parents lashing out rather than restraining themselves, beating their child or teenager with a wooden bat, and laying it on well, while they do so.

Of course, there’s more. Because there’s always more. Court-ordered teen-beating isn’t just a good way to deal with the victimless crime of choosing not to go to a government school. What with the criminalization of everything, especially everything that young people might do, it’s a good way to deal with all kinds of things. Like disabled teens who swear at school bus drivers:

A petition against Gustavo Gus Garza grew by two on the eve of a temporary restraining order hearing against the Cameron County Pct. 6 Justice of the Peace.

The parents of two minors came forth Tuesday, asking 404th state District Judge Abel C. Limas to prevent Garza from ordering, encouraging or allowing spankings in his courtroom as punishment.

I wouldn’t hit a child with a paddle, particularly one with physical problems, plaintiffs’ attorney Mark Sossi told The Brownsville Herald late Tuesday. Sossi was referring to one of the two children, who suffers from a muscular-development birth defect and allegedly was spanked in Garza’s court.

The child with the disability is a 14-year-old boy who used profanity toward a school bus driver. The second is a 14-year-old girl who skipped class, Sossi said, shortly after filing his amended petition in district court. The respective parents are Leroy Garcia and Rosa Valdez.

. . .

The parents also seek Garza’s removal from office [in addition to a restraining order].

After parents feel compelled to spank their children, they claim, Garza orders the children to bend over a chair placed directly in front of the bench. They are ordered to put their elbows on the arms of a chair with the buttocks facing Garza.

(Garza) has long engaged in this kind of corporal punishment under the authority of his office. Ten years ago when the defendant was a district attorney in Willacy County, he used the color and authority of his office to threaten criminal prosecution unless the parents struck their children with a wooden paddle he owned, Sossi states in the amended petition.

The initial petition alleges Garza directed Zurita to repeatedly strike his stepdaughter on the buttocks with a large, heavy wooden paddle fashioned from a thick piece of lumber in open court and in the presence of other adults and juveniles.

Zurita stated in an affidavit that, I did not feel that I had a choice but carry out the orders of the judge. When I was finished, Judge Garza told me that I had not struck (my stepdaughter) hard enough…

Zurita and Vasquez also claim that they were in Garza’s courtroom when he ordered the paddling of other minors.

Garza said Friday that he has not kept count on the number of children paddled in his court.

— Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

Justice of the Peace Gustavo Gus Garza believes that Texas state law is on his side:

Judge Garza says his disciplinary option does not break any Texas law.

I believe and as you will find the law will support me. The penal code addresses it for parents and educators to use it for discipline, the family code obligates it.

— Michelle Macias, KVEO 23 Rio Grande Valley (2008-06-06): Judge Gustavo Garza’s First Day in Court

I don’t know whether or not Garza really meant to claim that the Texas state family code obliges parents to beat up self-willed children and teenagers in the name of discipline. That seems odd. But I don’t know much about Texas state law, and he is Da Judge, so, for all I know, he may very well be right about the contents of the Texas penal code and the contents of the family code. The legal condition of children and teenagers throughout the United States is generally pretty appalling. But if he is right, then that’s a good reason to say to hell with the penal code and the family code.

To prove, that these Sort of policed Societies are a Violation offered to Nature, and a Constraint upon the human Mind, it needs only to look upon the sanguinary Measures, and Instruments of Violence which are every where used to support them. Let us take a Review of the Dungeons, Whips, Chains, Racks, Gibbets, with which every Society is abundantly stored, by which hundreds of Victims are annually offered up to support a dozen or two in Pride and Madness, and Millions in an abject Servitude, and Dependence. There was a Time, when I looked with a reverential Awe on these Mysteries of Policy; but Age, Experience, and Philosophy have rent the Veil; and I view this Sanctum Sanctorum, at least, without any enthusiastick Admiration. I acknowledge indeed, the Necessity of such a Proceeding in such Institutions; but I must have a very mean Opinion of Institutions where such Proceedings are necessary. [...] In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!

— Edmund Burke (1757): A Vindication of Natural Society

Meanwhile, the comments thread, here’s how to maintain high moral standards and exonerate sadist judges in ten easy steps:

  1. Conflate force with reason:

    I myself have spanked my kids in the butt area. Only once in a long while to teach my kids right from wrong. . . . Teach your daughter the consequences of not been in school. Don’t wimp out and try to be her friend.

    — Sy A, Edinburg, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

    How are they going to learn if there is no discipline?

    — lachancla, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

  2. Blame the victim:

    WHY IS THE BOTTOM LINE NOT SEEN HERE? These kids are not in court because they are honor students! They are discipline problems!!

    — chula71, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

    Children with disabilities? That kid certainly was very able to run his mouth off to the bus driver. All this is drama for your mama.

    — donkique, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

  3. Blame the victim’s parents:

    The article never mentioned the mothers role or lack there of??? I wonder if the child has been late for school since the step-father opted to save her future by not paying the fine and allow a criminal history?

    — Patrick R. Murray, comments (2008-06-05) on Nikki W., Digital Journal (2008-06-05): Judge Sentences Children To Spankings By Parents And One Family Is Fed Up

    Man, these parents are something else. . . . Obviously the judge is doing the job the parents have failed to do. I wonder if these parents read these blogs and feel just a little dumb for trying to milk the county for their child’s inability to stay in school or behave?

    — chula71, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

    The kid's step father couldn't control the kid (Is he a wimp?). Far too many judges refuse to enforce the law. Judge garza should be recognized for enforcing the law. The parent had three choices: Make thge kid go to school, pay a fine, or paddle the kid–and he is now crying about his choice. Again, I ask if he is a wimp?

    — retired principal Terry Olbeg, McAllen, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

  4. Blame the lawyers:

    What these people don’t understand is that the only one that will come out winning is the lawyer(s). The more petitioners, the more the lawyer gets and the less they get.

    — peepaw, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

    These people are being led by the nose by sharks, aka lawyers.

    — donkique, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

  5. Blame the victim’s socioeconomic class:

    I bet you she will be pregnant and on public assistance before she is 18 years old. Thats all we need another dumb teenaged parent with an attitude. Sorry if it seems harsh but thats what it is. Just a thought!

    — L Deleon, Harlingen, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

    I guess everyone forgets about the drop out kids from school who because of lack of education leads to no job and deperation for money which might lead to theft,burglary (your neighboorhood)robbery. More drain on the goverment assistance.

    — D Morales, Harlingen, Texas, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

  6. Blame other youths, unrelated to this case, because you presume that the youths in this case are kind of like those other youths:

    I feel compelled to spank my child as well too but I don’t. I would if she acted like some of these punks though.

    — lachancla, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

    Some kids do need a good spanking. Especially if this punishment averts any other form of criminal activity.

    — harmony, comments (2008-06-05): on Nikki W., Digital Journal (2008-06-05): Judge Sentences Children To Spankings By Parents And One Family Is Fed Up

    I wonder how many people would make the same comment if they worked in a public school you have no idea what type of behavior kids have in school. Texas Law allows the parent to discipline their child but when the parent wants to do so their child threatens to call police and file assault charges against them.

    — D Morales, Harlingen, Texas, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

  7. Impugn the parents’ motives without evidence:

    Man, these parents are something else. Jumping on the band (more like BANK) wagon to gain notoriety. WHY IS THE BOTTOM LINE NOT SEEN HERE?

    — chula71, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

    If the parents thought this was embarrassing then they should have paid the fine. A choice was given so why are they crying about it now. The lawyer and the parents are probably doing this for the money.

    — I. Flores, Mid Valley, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

    [The story says only that the parents are seeking a restraining order against Garza and, if possible, his removal from the bench. As far as I can tell there is no mention of their seeking monetary damages. Not that there would be anything wrong with it if they are. –R.G.]

  8. Compete to see who can go most over-the-top in their praise of beating and terrorizing children:

    Go Judge Garza! It’s about time someone taught kids now a days about discipline. This lawsuit is a joke. If we as parents don’t want to be at this point where we are at court having to spank our kids in front of a group of people, we need to start doing it at home.

    — N R, Los Fresnos, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

    I think their is always two sides to the story. Many of the kids today need corporal punishment. I am thankful that my principal and school community still allow my principal to spank kids. As a school administrator it is very simple to know what school still uses paddling and which one doesn’t. Most of the ones with the most discipline problems do not spank. I would like to hear more about why this J.P. ordered the spanking. A firm supporter of spanking. Get’m Judge.

    — Anonymous school counselor, Edinburg, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

    As we were growing up we got spanked, not beat, and we grew up just fine. I believe in spanking on the buttom. It is even in the bible. . . . Save you children now while you still can, don’t be too soft on them. I had my children spanked in school if and when they did wrong. There is nothing wrong with a spanking here and then when done right. I am all for you Judge Garza, God Bless You.

    — I. Flores, Mid Valley, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

    When I went to school, we were threatened with the slap. the school had two different types. They had a red leather slap and a black one. I forgot which one was thicker. The strap was used as a form of discipline and it worked. Kids were too afraid of getting the strap therefore they were obedient. Most kids were never given the strap because they knew better. Today kids are threatening and abusing their teachers. I’m beginning to think that the schools should implement the strap again.

    — harmony, comments (2008-06-05): on Nikki W., Digital Journal (2008-06-05): Judge Sentences Children To Spankings By Parents And One Family Is Fed Up

    Spank Her Good

    The judge should have had a police officer spank that brat. Getting a strong, muscle-head cop to do the spanking would have been ideal. Then I would have paddled the hell out of the parents too. They know when their child is not attending school.

    — L Deleon, Harlingen, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

    I feel compelled to spank my child as well too but I don’t. I would if she acted like some of these punks though. How are they going to learn if there is no discipline? time out? I would take a time out from the spanking. There is your time out.

    — lachancla, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

  9. Quibble over semantics:

    What do you mean by ordering a forced beating? If it falls under the category of abuse causing bodily harm, then I don’t think it’s legal.

    — harmony, comments (2008-06-05): on Nikki W., Digital Journal (2008-06-05): Judge Sentences Children To Spankings By Parents And One Family Is Fed Up

    As we were growing up we got spanked, not beat, and we grew up just fine.

    — I. Flores, Mid Valley, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

    Spanking is without the use of an aide. A beating uses such, although corporal punishment is different than parental discipline.

    Parents do not spank with a belt, flyswatter, switch – they bust ass or administer a whoopin!

    They spank with a hand. And if the mark remains, it is child abuse.

    — Nikki W., comments (2008-06-05): on Nikki W., Digital Journal (2008-06-05): Judge Sentences Children To Spankings By Parents And One Family Is Fed Up

    @ Connie M (Catana) I don’t consider being hit with a board a spanking. It’s a beating, plan and simple.

    If there are no marks, bruises or broken bones, it’s a spanking, plan and simple. If there are no marks, bruises or broken bones, it’s a spanking, plan and simple.

    — harmony, comments (2008-06-05): on Nikki W., Digital Journal (2008-06-05): Judge Sentences Children To Spankings By Parents And One Family Is Fed Up

    [Alberto Gonzales and Donald Rumsfeld would be proud. –R.G.]

  10. Ramble aimlessly about the good old days and the decline of patriarchal traditions:

    Hoping Good Old Times Come Back

    As we were growing up we got spanked, not beat, and we grew up just fine. I believe in spanking on the buttom. It is even in the bible. Back in the days teenagers were allowed to work too if this was brought back up we would not have as much trouble today. We would go to school, work after school and we would respect our elders. There was not as much trouble as we have now. There was no time for trouble because we were occupied. I did all this and I grew up to be a responsible, repectable adult.

    — I. Flores, Mid Valley, comments on KGBT 4 (2008-06-05): Lawsuit: Los Fresnos JP ordered spankings

    What is with all these women not taking their husbands name? Do they jump around so much that it is too much to keep up with their last names, so they keep their’s?

    — peepaw, reader comments (2008-06-11) on Emma Perez-Trevi?@c3;b1;o, The Brownsville Herald (2008-06-10): More families file against spanking judge

When people engage in violence against children for victimless crimes like ditching school or mouthing off to adults; when they claim that the violence is to teach its victim a lesson; when you spend the first two decades of your life being indoctrinated and ridiculed and beaten and extorted into believing in, or at least acquiescing to, this kind of violent, legally-backed authoritarianism, and when this is dignified as raising a child the right way, when howling mobs of sado-fascist blowhard bullies can be expected to ridicule and blame any parent who doesn’t toe that line and enthusiastically beat their own children, when that same bellowing blowhard bully brigade looks looks for absolutely any and every excuse they could possibly find to justify beating a child or a teenager and compete to see who can get the most down and dirty in their efforts to smear the victim and cheer on the violence; what sort of lessons do you think that violence and that rhetoric teaches? What sort of a life, and what sort of a society, do you think that this kind of physical and verbal environment prepares these children for?

Further reading:

In fifteen words or fewer: Massachusetts state Representative Paul K. Frost and Auburn Dog Officer Kathleen Sabina on renting pets

(Via Kerry Howley, in the July 2008 issue of [Reason](http://reason.com/).)

From the Worcester Telegram and Gazette News (2008-03-05): Fangs bared over rent-a-dog: Fido-for-hire service facing legislative ban

Marlena Cervantes, 30, of Big Sky, Mont., is the owner of FlexPetz, which she described as a unique concept for dog lovers who are unable to own a pet, but miss spending time with a dog.

. . .

Most interest was from professionals living in metropolitan areas.

They had the money but not the time to own a pet full time, Ms. Cervantes said.

There are no brick-and-mortar FlexPetz offices; instead, the operation is run out of existing dog day-care centers.

Clients pay a $299 startup fee, including the first month's rental in advance, and $49.95 per month, plus an additional fee each time they take out a dog. The clients must make a minimum one-year commitment.

. . .

We'll probably be in Boston by midsummer, she said.

Maybe not.

State Rep. Paul K. Frost, R-Auburn, and state Sen. Edward M. Augustus Jr., D-Worcester, filed legislation Feb. 21 to ban pet rentals in Massachusetts. Also signing were Sen. Robert A. Antonioni, D-Leominster; Rep. Bradford Hill, R-Ipswich; and Reps. John P. Fresolo, D-Worcester, Stephen R. Canessa, D-New Bedford; Cheryl A. Coakley-Rivera, D-Springfield; Thomas P. Kennedy, D-Brockton; Denis E. Guyer, D-Dalton; Kay S. Khan, D-Newton; Denise Provost, D-Somerville; Jennifer M. Callahan, D-Sutton; and William N. Brownsberger, D-Belmont.

The legislation is in the House Committee on Rules. It prohibits the business of renting dogs and cats. I have not heard of a legitimate business like this. The MSPCA and dog officers in other towns oppose this business, Mr. Frost said. Guide dogs and working dogs are exempted. Mr. Frost said he is a dog lover and owner of a chocolate Labrador retriever named Reeses and a golden retriever named Snickers.

I know what kind of bond there is with a dog. You don't rent out members of your family, he said.

I normally side with the free market, which dictates what is successful, but this is breaking new ground. Concerns are valid. The legislation deserves a public hearing. Let's give the company a chance to show the benefits of this business, and let's give a voice to those who have concerns. Are we fostering disposable pets? I'm not sure that fosters responsibility.

Mr. Frost said he was first contacted on this issue by Auburn Dog Officer Kathleen M. Sabina, who yesterday said she is appalled by the FlexPetz concept.

I can't think of a dog that would flourish in that situation. These people want an animal but no responsibility. I'm furious about this. There's a lot of money to be made exploiting animals, she said.

She suggested that potential renters instead help an elderly neighbor with their dog, walk a friend's dog or volunteer at a shelter. Animals need consistency. Each person expresses love differently. In my mind, this is like rent-a-kid. If you wouldn't rent your child, don't rent a dog.

— Worcester Telegram and Gazette News (2008-03-05): Fangs bared over rent-a-dog: Fido-for-hire service facing legislative ban

Apparently, you shouldn’t rent family members. You must buy them, like a responsible family-owner.

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