Falk Sees Mandate for Police Roadblocks

The race between Democrat Kathleen Falk and Republican Nancy Mistele for Dane County Executive was in many ways business as usual.

The Madison second and sixth aldermanic districts (comprising proud and traditionally progressive populations) went overwhelmingly for Falk, giving her 83 percent and 91 percent of the vote respectively.

Madison Alder District 2 - Votes for Mistele - Falk

0111 C MADISON WD 37 ----------------94-------- 492
0112 C MADISON WD 38 ---------------54--------- 454
0113 C MADISON WD 39 ---------------114 --------431
0114 C MADISON WD 40 ---------------40--------- 183


*Total Votes-------------------------- 302-------- 1,560

Madison Alder District 6 - Votes for Mistele - Falk

0107 C MADISON WD 33---------------108 --------1,084
0108 C MADISON WD 34 ---------------97 --------1,110
0109 C MADISON WD 35 ---------------42--------- 578
0110 C MADISON WD 36 ---------------27--------- 124

*Total Votes -------------------------274--------- 2,896

* Unofficial results

As Matthew DeFour notes in the State Journal, rural Dane County went for Mistele who "won in Sun Prairie, Waunakee and the vast majority of the rural towns and villages, but not by as much as she needed to keep the race close" when the Madison isthmus wards began reporting.

What is not traditional here is Falk's acclaiming a mandate from a pro-civil liberties electorate for installing police roadblocks to catch drunk drivers [see Michigan Department of State Police v. Sitz (1988); Rehnquist says police roadblocks are fine; Brennan, Marshall and Stevens dissent].

Citizens calling for police roadblocks? Not the Dane County I know.

Yet Falk spent a lot of television time on election night talking about how the victory means no more "alcohol misuse" in the name of "public safety." And this means it's time to install police roadblocks, says Falk, without mentioning police roadblocks by name in her victory interviews. One has to read the fine print in her "alcohol initiative" in which she refers to "checkpoints".

Makes search and seizure seem so much more palatable, though, again, where is the outcry for eviscerating the Fourth Amendment from Madison and rural Dane County?

Does Falk really believe police roadblocks are what Madison and Dane County want?

I'm betting that Falk might actually get around to reading the late authoritarian jurist William Rehnquist's opinion on roadblocks and back off. But who knows?

Let's hope that the necessary state legislation, already floated by Gov. Jim Doyle, dies fast.

Mistele Sounds Like Green GOPer of Old

Nancy Mistele, candidate for Dane County executive, is sounding a lot like the Republicans of the 1970s.

Independent and innovative GOP thinkers such as the late former Governor Lee Sherman Dreyfus (1926–2008), Bill Kraus and others animated the Wisconsin political scene in the 1970s looking for practical solutions integrating the environment and business climate.

I had more or less given up hope that non-doctrinaire conservatives were still around. But Mistele is turning some heads.

Mistele put out her Protecting Our Environment, Protecting Our Jobs position paper today echoing her statement in an e-mail interview last month on the environment:

Like most others in Dane County, I am concerned about preservation, open spaces, clean air and clean water. We’ve got a proud tradition in Wisconsin, and particularly in Dane County, of respecting our Natural Resources, and I intend to respect and continue this tradition.

I think there are legitimate discussions we can have about how you balance the need for environmental preservation with the need for communities to grow and develop. If elected, I would not make an effort to immediately 'clean house' at our regulatory bodies, such as CARPC [Capital Area Regional Planning Commission], because I think we need to respect the experience and expertise many of these employees carry. Instead, I would ensure that members of my Administration support appropriate regulations for reasonable growth.

The Falk Campaign folks are already trying to caricature me as an anti-environment extremist. Not true. I’m an avid road biker and think there’s no better way to relax than to spend some time hiking in the woods or kayaking on one of our beautiful lakes. I can assure everyone concerned about the environment that as County Executive, my decision-making would be guided by my deep respect for the environment.

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Mistele's press release is below:

(Middleton) – Dane County must protect our environment and our job climate. County Executive Candidate Nancy Mistele is unveiling her environmental agenda which will protect the environment and jobs at the same time. Mistele says for too long, Dane County has been closed for business.

'I believe that we can, that we must protect the environment and protect the rights of property owners,' Mistele said, 'Being an environmentalist doesn’t have to mean putting up roadblocks to better paying jobs, safer roads and public safety.'

Mistele’s Environmental Agenda Includes:

· Save on cars that save at the pump - Eliminate County Sales tax on Hybrid/Electric Cars

· Green Business Czar - Create a business advocate that will help employers with permits so that they follow the rules, but don’t get overwhelmed or scared off with paperwork.

· Green Stamp of Approval - Follow the lead of local communities and streamline permitting and review process for businesses who follow green LEEDS standards which promote environmentally responsible construction and lower energy costs for builder.

· Put the brakes on Falk’s commuter rail - a $250 million amusement ride will pollute the environment with increased congestion, reduce public safety and sink them county in future debt. Instead, comprehensively evaluate extended county bus routes to all surrounding communities. Also explore expanding passenger rail routes from Madison to Chicago , Milwaukee and Minneapolis

· Respect our land and taxpayers - Applaud municipalities that protect land within their jurisdiction. Respect taxpayers by not purchasing land that is already protected. Taxpayers don’t need to own land to keep it green.

· Fair Market Value for Land - In today’s economy, taxpayers shouldn’t be expected to pay more for land than the market value. We must use proper comparables and independent appraisals when establishing purchase prices for land we do want to buy.

· Fair Notice - Establish a policy that requires county notification to property owners (business or residential) of potential zoning changes that may affect their property value or use.

· Cost Analysis - Require a fiscal impact study prior to any land use decisions.

· Public Access for Public Lands – If taxpayers are expected to pay for protecting land, they should have the right to enjoy those properties. Protected public lands must have public access.

· Green Awards - Reward and honor County Employees and citizens who come up with recommendations to streamline permitting process and maintain our high standard for environmental protection.

'We have a proud tradition in Dane County of respecting and preserving our environment—my agenda extends and builds on that tradition,' Mistele says.

'Personally, I have a deep respect for our environment, and my agenda balances this respect with the need for a county to grow, expand and create more high paying jobs.'

# # #

Second Dane Co Exec Debate: Impressive

Update: See also Falk, Mistele highlight differences on economy (DeFour, WSJ)

Some quick impressions from the Dane County Executive candidates’ debate held this early morning at American Family Insurance suggest that the race may prove to be an eye opener.



Kathleen Falk and Nancy Mistele both presented erudite performances matched by an intense level of disagreement between the two on major policy issues before an audience of some 80 people. No policy lightweights here.

The debate questions prepared beforehand by the Greater Madison Chamber of Commerce included questions on public safety, the 911 emergency center [correction - candidates' statements addressed the 911 center], the regional transit authority, the proposed commuter railroad/trolley and shore land zoning.

Mistele ridiculed the notion that a large number of commuters would avail themselves of the proposed trolley-rail system calling herself the “last line of defense” against the multi-million dollar proposed project. Mistele said that she would, however, support the construction of a labor-intensive, fast-rail system to Chicago and Milwaukee that is seen across the political spectrum as a big job creator.

The three-term incumbent Falk defended the rail-trolley project, pointing out that some 80 percent of Dane County residents are sited to use the system and told the audience that Falk advocated a binding referendum.

The race may hinge on whether Dane County policy is perceived to represent a collaborative effort vis a vis a heavy-handed weight on municipalities and property owners.

Falk currently holds a large fundraising advantage and is considered the odds-on favorite, but look for a fast closing up of the race up to the election held April 7.

Both campaigns are going negative early and often in a sign that the campaigns see their respective opponents as formidable.

Damn, They're Dumb

Speaking Truth to Power, or Toeing the Line?

Ever wonder if those encrusted with the mantle of "progressive" are more open-minded and rational than political rightwingers?

Here's some evidence that many calling themselves progressive are just as bone-headed as the neocons. See the commentary responding to a piece in Uppity Wisconsin on the Dane County Executive's race at http://www.uppitywis.org/cap-times-civil-liberties-yes

The arguments made against presenting facts on Kathleen Falk's (and former Supreme Court Justice Louis Butler's) joining the War on Drugs and the Fourth Amendment boils down to this: Pointing out the facts on policy, judicial campaigns catering to self-proclaimed impartiality and bad government administration is bad for Democrats and progressives, hence not to be spoken or written.

Vis:

- ... Perhaps you can disclose whether you are paid by the Mistele campaign or the Republican party for the service you are doing for them in attacking Falk. ... It's shocking you can call yourself a progreessive after attacking Butler and now Falk.

- You slammed Louis Butler last year ...

Unconvincing.

Cap Times: Civil Liberties, Yes

It's about time someone spoke up against Kathleen Falk's bone-headed approach to addressing the issue of operating a vehicle while intoxicated (OWI) and the non-issue of Wisconsin's alleged drinking "culture" problem.

Falk's criminalization and anti-civil liberties OWI agenda drew reproach from her opponent, Nancy Mistele, at the first debate (January) between the two likely candidates for Dane County Executive in the general election in April.

Mistele hit the statist, heavy-handed Falk program by pointing out that personal responsibility and private action were critical vis a vis government's involvement of changing the "culture," to a round of groans from Falk supporters.

Today's Captial Times hits Falk's approach, though not naming Falk as a leading advocate; [wish they had].

... But the drinking culture of Wisconsin -- rooted as it is in the state's broader culture -- is not the problem. There is nothing wrong, per se, with a drinking culture -- especially if it is rooted in good fellowship and good times. ...

But no moves should be made to implement or fund wrongheaded proposals to permit law enforcement authorities to establish checkpoints on Wisconsin roadways.

No matter how they are operated, checkpoints where motorists are forced to pull over even where there is no indication of impaired driving are a form of unreasonable search and seizure that cannot be sanctioned in Wisconsin. Other states, with less regard for basic liberties, may allow checkpoints. But there is insufficient legal or scientific justification to warrant such an intrusion by state and local authorities in a state that has always set a higher standard when it comes to protecting the right to privacy. ...

Checkpoints draw the attention of law enforcement authorities away from the offenders they say they are out to catch and turn it toward citizens who would not be under suspicion.

Wisconsin can crack down on drunken driving without cracking down on the Constitution.

Myself, I'm waiting for Falk to advocate mandatory arrests for being German, Irish or being in college at UW-Madison.

That ought to fix this alleged drinking "culture" problem.

Kathleen Falk's screw-ups on the 911 Center and UW-Madison student Brittany Zimmermann murder alone disqualify her from this voter's choice for Dane County Executive. The fact that Falk chooses to advocate chopping away at what little is left of the Fourth Amendment just closes the deal to give Falk the boot. Proust!