"Stingray" devices: Are your rights being violated?

The Washington Post has a very informative article discussing new "stingray" devices used by law enforcement (http://www.washingtonpost.com/world/national-security/secrecy-around-police-surveillance-equipment-proves-a-cases-undoing/2015/02/22/ce72308a-b7ac-11e4-aa05-1ce812b3fdd2_story.html).

Basically a stingray mimics a cell phone tower. It tricks YOUR cell phone into thinking it's connecting to the tower. Instead, your phone actually connects to a device that can take whatever information from your phone they want. It can also be used to track your location. It all happens without your knowledge.

The picture is from the article,  and is a great illustration of how the stingray works.

To date, Im not aware of any reported rulings one way or the other regarding 4th amendment or other constitutional issues surrounding stingrays. For now, the issue appears to be undecided.

Eastern Kentucky: Modern Day Parable.

Over the past week, life in Kentucky, and most specifically Eastern Kentucky, has been especially difficult. Massive snow, impassable roads (some still impassable, even a week later), water outages, power outages, grocery shortages, floods, ice, etc. It made me recall an article published in June of 2014 by the New York Times which labeled Clay County, Kentucky as the toughest place to live in the US (http://www.nytimes.com/2014/06/26/upshot/where-are-the-hardest-places-to-live-in-the-us.html?_r=0&abt=0002&abg=0). I still disagree with the article, but it feels awfully accurate at the given moment.

Of course the weather is beyond anyone's control. Yet the secondary effects (ie the water, power, and roads) are within a reasonable amount of control by federal/state/local leaders. The amount of water outages that go on across the region are inexcusable. The 10 years I had my practice in Hazard, seemingly one in every ten days the city was under a "boil water advisory". Not long ago residents of Hindman, Kentucky went an extended period of time without water. Even worse? Parts of Eastern Kentucky still await public water/sewage. It's 2015. This just is not acceptable. 

What can be done? Who can help? Enter: SOAR (Shaping Our Appalachian Region). SOAR is a political creation that burst onto the scene just following the economic collapse of the coal industry in Eastern Kentucky; and was a welcome sign of hope. For reasons described above, one would naturally assume infrastructure would be the primary, and immediate goal. Wrong. Their first announced target was high speed internet, in an attempt to draw companies to the area.

This prompted memories of Sunday school class, and the parable of the wise and foolish builders. Essentially one built on a foundation of rock, so his structure was sturdy. The other built on a foundation of sand, so everything he built thereafter was weak. The gist: one must build on a solid foundation. While some readers may reject biblical concepts, surely this lesson is one we can all accept as logically sound.

Another application is Occam's Razor. A shortened explanation of Occam's Razor states "the simplest answer is often correct". It was conceived sometime between 1287-1347 AD. Both the parable and the Razor are as true today as they were 1000+ years ago.

Then why address internet before infrastructure? So residents of Eastern Kentucky can read online about places with dependable water and electricity?  How can one access the internet during the all too frequent power outages? Sure, companies may be interested in high speed internet. But companies won't relocate to an area lacking dependable water, sewage, and electricity. Furthermore, these infrastructure issues MUST be dealt with soon, especially some of the aging water lines, before they completely collapse. So why not now while grant money flows in? It defies logic.

No need to ignore concepts proven true over the course of 1000+ years. Take the simple answer - re-build the foundation of the region. It isn't as catchy as high speed internet; but its a much bigger need. Otherwise, everything else you build on the current shaky foundation will just come tumbling down.

US and the solution to the involvement in the Middle East...

Unless you've been living under a rock, you know the US began a bombing campaign against ISIS. History proves this isn't a valid solution. There's been fighting in the middle east since biblical times. This suggests there will always be war in that region.

The US has two options: active involvement or no involvement. Recent history proves active involvement does not work. In fact, it only strengthens radical Islamic factions.

In combating radical Islam, the US is battling an individual or a group of individuals. Its a battle against an ideal itself. That's why killing militant leaders do nothing to stop the movement. In fact, it strengthens the ideal by making the leaders martyrs and kindles more hatred for America. The only REAL way active involvement ends in victory is by completely eradicating every single combatant. We all know this is neither practical nor acceptable, as it amounts to practical genocide.

Withdrawing all involvement seems it would be ineffective. Yet its really the only solution. Firstly active involvement simply doesn't work, as discussed above. There will be fighting whether we're involved or not. Secondly by withdrawing, we stop turning their leaders into martyrs, we stop kindling hate for America, and we stop giving their leaders a platform from which to broadcast their ideals.

Finally, we remove the inevitable collateral damage that occurs in the form of innocent lives and property. This inevitable collateral damage makes it easier for radical leaders to recruit new members to their cause.

Saving Eastern Kentucky.....Part 4 "Buy Local"

After looking at some of the government intervention that can help; lets look at what WE can do.

"Buy Local". Its not just a catchy phrase. Its a concept; and it works.

Why does buy local work? One reason it works is because the world is growing smaller; in its own way. In 1990's/2000's there was a socioeconomic-geographical movement called "Californization". Californization was a label given to the incredible amount of urban sprawl that started in California, and moved nationwide. Its where businesses, and consumers, moved from downtowns to the outskirts/suburbs. Big box stores like Walmart, Applebees, etc all exploded in growth. Small, local businesses wilted and died.

Today, the nation is contracting back to downtowns. In fact, in many developers are scrambling to construct urban residential properties. Higher gas prices combined with infuriating drive times play a large role. This movement back towards  is being called "manhattanization" and its clearly taking place all over the country.

What is buy local? The concept is simple: buying local. Stop spending money at "big box" stores, like Walmart and Applebees. Yes, I know Applebees is tricky because its a chain but has several units owned by Perry Countians (who are very successful business people).

Stop driving to Lexington, Huntington, or Johnson City for food, entertainment, and shopping. Remember, we're trying to pull revenue into Eastern Kentucky. This starts by spending money at home. Think of it as a financial circle. An investment in the region.

On the consumer end, its about spending a little more money in return for a MUCH better product. creating and shopping at local farmers markets or organic markets/butchers. Eating at restaurants who use a "farm to table" approach.  Purchasing craft beer from local brewers and moonshine from local distilleries (both these are a little ways out; but not as far as one might think). Buying from local artisans rather than big box stores.

In the end, its about showing entrepreneurs you're willing to spend your money with them; if they will use local vendors.  Many people are hesitant initially, because of the slightly higher costs. However once they experience the far superior quality and see the reinvestment into the community; the concept quickly catches fire.

On the Entrepreneur side, its a little different. Its a leap of faith. If an entrepreneur decides to open a restaurant, his research will show there's a much greater chance of success if they pay a large sum of money and purchase a franchise. In fact, who could blame a business owner for this decision? Especially without research showing the region will "buy local". In fact, I would guess Eastern Kentucky consumers spend very little money with local vendors.

However once opened, and "buy local" starts working FOR your business; make sure your business starts working for "buy local". Don't buy food services from gigantic companies like Sysco. Don't pay exorbitant franchise fees to corporations who's money will never make its way back to Eastern Kentucky. True, it'll cost a little more per unit, but the money will come back to you through the community.

Growth of downtown areas in cities like Louisville, Asheville, Chattanooga, and Cincinnati are all showing incredible growth in restaurant and hospitality; mostly based on buy local. All are cities within about 3 hours away from our region. All have elements of their revitalization that Eastern Kentucky could use to aid in our revitalization. All will be examined in a greater detail later.

Hospitality is just the start. Once buy local becomes a movement, it spreads to other things. Local designers start opening clothing boutiques. Local artists open art galleries. There are tons of talented designers, artists, and musicians in the region. Unfortunately right now, they all ply their trade elsewhere because there simply isn't a market in Eastern Kentucky.

All of this makes Eastern Kentucky a better place to live. An easier place to attract visitors. And ultimately an easier place to attract small/medium size employers. A more attractive place for small/medium sized businesses (which Ill cover later). All necessary for the survival, and resurgence of Eastern Kentucky.

Saving Eastern Kentucky.....Part 3B

I planned to discuss all legislative actions that could help save Eastern Kentucky in one post. Then I quickly realized the wet/dry issue would require so much detail and discussion, that anything else would get lost in the mix.

The innovation and creativity of the Appalachian people will be the catalyst behind revitalizing Eastern Kentucky. Government help isn't a requirement; but could definitely make the process MUCH easier.

To fully realize the roughly outlined tourism plan, Eastern Kentucky must attract new entrepreneurs and a work force skilled in hospitality (jobs dealing with recreation, food, tourism, etc).

How can Eastern Kentucky find new entrepreneurs? The best way is for federal, state, and local governments to give financial incentives to prospective entrepreneurs in return for opening hospitality/tourism based businesses in Eastern Kentucky. In other words, "money talks".

The federal government could provide incentives through the Small Business Administration (SBA). The SBA doesn't make loans themselves. Banks (hopefully local banks. Remember: "buy local") loan the money. The SBA simply guarantees should the business default, the federal government will cover the default; reducing the bank's risk.

As one might imagine, there are some fairly cumbersome guidelines to qualify. These guidelines should be relaxed and the amount of monies available increased for anyone planning to open a hospitality/tourism business in Eastern Kentucky. Banks could loan more, at a reduced risk. This in turn makes it easier for prospective business owners to bet on themselves and Eastern Kentucky.

The state government could relax state income tax on limited liability organizations for businesses operating in Eastern Kentucky. The federal government, along with nearly all states, allow "flow through" limited liability entities to operate without taxation of the entity itself. This is done to avoid double taxation, because the payments from the entity to the owners are taxed too. Kentucky is one of the few states who have an oppressive and ridiculous state income tax on limited liability organizations. This could be forgiven for the first few years for any business opening/operating in Eastern Kentucky.

Finally several creative local tax strategies/incentives that could be in place to encourage the location/relocation of hospitality/tourism business in Eastern Kentucky versus other parts of the state/country. Property tax, local employment tax, etc. could all be forgiven, delayed, or otherwise reduced.

These would make Eastern Kentucky an attractive location for outside and local entrepreneurs to open new hospitality/tourism business.

In addition to talented business owners, the region needs skilled employees. What would talented businesses be without skilled employees? The best way to hone a workforce for the skills needed in hospitality/tourism is through training and education. Training and education could be obtained at local institutions with a track record of results. Several in state institutions offer associates, bachelors, and masters in business. There are recreation degrees. And there are culinary schools in Louisville turning out incredible chefs.

The problem? Education and training costs money. Sometimes a lot of money. The solution? Student loan or subsidized tuition incentives. Federal student loans could be forgiven or offered forbearance in return for being employed in the Eastern Kentucky region. Furthermore the federal and/or state government could subsidize tuition for any prospective student from Eastern Kentucky that commits to the region for a period of time.

These economic incentives make Eastern Kentucky an attractive location for prospective business owners. Furthermore they ensure these same business owners will have a talented and skilled workforce from which to staff their business.

Saving Eastern Kentucky......Part 2

If you read part 1 of my plan, you know I think Eastern Kentucky has a chance to successfully reboot using authentic Appalachian culture to develop a tasteful food/drink/nature based tourism destination. Part 1 was basically a big picture outline. Part 2 starts down the yellow brick road discussing the finer details and steps necessary to reach the end game.

The problem that needs immediate attention is infrastructure.

The road to revitalizing Eastern Kentucky begins with - roads. The roads aren't awful. This is probably to ease access to Lexington so Appalachians can spend hard earned money away from home. The need for the "buy local" concept is another issue Ill be addressing later.

Visitors/tourists MUST be able to easily access the area; especially from I64. To do this, roads need 4 lanes the entire way from Lexington to Eastern Kentucky. They're almost there now. Just not quite.

Secondly, cell/data service must improve. Cell service (which I also mean to include data service) in Eastern Kentucky is absolutely abysmal. I would call it garbage; but that would be offensive to garbage everywhere.

Its a struggle to consistently make calls, texts, or get data connection. This is true for either of the cell providers in the area. Even worse, cell service is most scarce along the Mountain Parkway. 

This is crucial, because its the route most tourists would use to access Eastern Kentucky. If there are federal subsidies, it certainly needs to be to improve cell service rather than to provide high(er) speed internet (a SOAR recommendation. As if internet doesn't exist in the area).

Next is the power/electricity reliability. Anyone who's ever lived in Eastern Kentucky knows the power goes out anytime there's even the slightest inclement weather. This is easily solved by burying the power lines. Burying the lines would ensure dependable service and reduce costs of paying linemen overtime to constantly make repairs.

The final point on infrastructure that needs attention is public sewer/water. This is an essential governmental service that must be in place in order to allow the smooth operation of restaurants and other tourism focused businesses. Thankfully this only needs intermediate attention because some cities do a good job. Even the cities that don't do a good job with water/sewer are getting better. One things certain: Eastern Kentucky has several lakes upon which to use as a water source. So this really shouldn't be an issue.

Next up.....legislative framework...

Vicco...a small town with BIG plans...

As many now know, Vicco, the small city of 334 people, recently enacted city ordinances that made it illegal to discriminate against ANYONE based on their sexual orientation. The ordinances protect BOTH heterosexual and homosexual individuals. The ordinances simply mean everyone will be treated equally, no matter how they choose to live their life.

What people may NOT know, is the passing of these ordinances is only one of many positive changes in Vicco in recent months. Previously, Vicco was a financially struggling small town in rural eastern Kentucky. The water and sewer infrastructure was old, and getting older. The service, which was the only form of income for the city had become a financial liability. Lay-offs were levied. Grant funding had dried up. The city was in danger of having to dissolve its incorporation.

Today the city is running on a profit; mainly due to the infrastructure improvements. The water loss is now only 1%; down from 47%. Grant funding is flowing. The city has acquired a parcel of land to build a park and community center. Now, the city can afford a police officer to aid in local law enforcement. There is now plans to revitalize and improve the cities sewage treatment plant. There was also a curfew enacted in an attempt to ensure public safety. All of these ordinances/plans were also part of the same meeting which passed the equality ordinances.

Although we believe the fairness ordinances are good; we believe they are only one good thing in a litany of good things going on in the city of Vicco.