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"Premption" comes to Texas  law enforcement

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shockwaveriderz - 23 Mar 2006 02:14 GMT
http://www.msnbc.msn.com/id/11965237/

shockie B)
I - 23 Mar 2006 02:51 GMT
> http://www.msnbc.msn.com/id/11965237/

So I suppose next they'll be arresting all newborn females in
Texas for prostitution, and all the newborn males for bestiality?
the notorious t-e-d - 23 Mar 2006 02:51 GMT
> http://www.msnbc.msn.com/id/11965237/
>
> shockie B)

You can get drunk off 3.2 beer???

Ted Novak
TRA#5512
IEAS#75
Cranny Dane - 23 Mar 2006 03:01 GMT
This was done in our area 15 years ago in my town, for some reason only at
certain bars.

A law suit (by the bar owners) to the state level found it un-lawful.

times change however.

they go after the smokers, and people don't care they don't smoke.

next they go after the double big mac and fry eaters, they don't glutton.

next they go after .....

till they go after you..

> http://www.msnbc.msn.com/id/11965237/
>
> shockie B)
W. E. Fred Wallace - 23 Mar 2006 04:35 GMT
Texas, a whole nother country... (:-)

> http://www.msnbc.msn.com/id/11965237/
>
> shockie B)
Bob Kaplow - 23 Mar 2006 19:32 GMT
> http://www.msnbc.msn.com/id/11965237/

This from a state with drive through liquor stores???

I'm all for arresting every drunk that ever gets behind the wheel of a
vehicle. Death caused by DUI should be prosecuted as felony murder. But the
inside of a bar or restaurant is private property, not a public place.

Signature

 Bob Kaplow   NAR # 18L   >>> To reply, there's no internet on Mars (yet)! <<<
Kaplow Klips & Baffle:    http://nira-rocketry.org/Document/MayJun00.pdf
   www.encompasserve.org/~kaplow_r/    www.nira-rocketry.org    www.nar.org

Senator, when you took your oath of office, you placed your hand on the
Bible and swore to uphold the Constitution. You did not place your hand on
the Constitution and swear to uphold the Bible. -- Jamin Raskin

tdstr - 23 Mar 2006 19:41 GMT
>>http://www.msnbc.msn.com/id/11965237/
>
[quoted text clipped - 3 lines]
> vehicle. Death caused by DUI should be prosecuted as felony murder. But the
> inside of a bar or restaurant is private property, not a public place.

And Ron White agrees with you :)

Ted Novak
TRA#5512
IEAS#75
Alex Mericas - 24 Mar 2006 15:24 GMT
>> http://www.msnbc.msn.com/id/11965237/
>
[quoted text clipped - 3 lines]
> vehicle. Death caused by DUI should be prosecuted as felony murder. But the
> inside of a bar or restaurant is private property, not a public place.

Bob, I agree with your opinion but your wrong with your interpretation
of the law.  Under Texas law a bar is considered a public place.  At
least in "wet" counties... I'm not sure what the law says about counties
 where you have to be a member to purchase alcohol. BTW, we don't allow
firearms in bars either even though we are a right to carry and a
concealed carry state.

And although we do have drive through liquor stores, you can't have an
open container in the vehicle - front or back seat - while driving.

The best explanation I've heard is that TABC was up for "Sunset" review
during the last session of the Legislature (you know, they one where
they started off by declaring Education was the number one priority and
then ended by saying it was too hard to fix).  A sunset review means
their reason for existence was being questioned.  Apparently they were
given a two year pass to the next session.  They're trying to show that
they really are doing something about the DWI problem by catching people
before they stumble out on the street.  This might create an uproar from
the voters who would demand that TABC be abolished or scaled back during
the next session.  But considering that the spineless legislature has
not figured a way to fund education in a constitutionally legal way
(state or federal constitution) for well over 20 years (which includes
both Democrat and Republican Governors and Legislatures) I doubt they
would do anything about this.  Unless someone who was arrested sues for
a civil rights violation and wins....
Scott Schuckert - 25 Mar 2006 14:59 GMT
> Unless someone who was arrested sues for
> a civil rights violation and wins....

This could be the solution to all sorts of injustices. All it takes is
one person sufficiently pissed off, with vast sums of money to fight.

In our little town, we have an "occupational category tax", where you
pay a yearly tax based on your job title - any lawyer, so much, any
engineer, so much - regardless of your actual income. It was once
common around here, but it's been struck down in every town where it
was challenged.  Our politocos KNOW it's unfair and illegal, but it'll
stay on the books until someone sucessfully challenges it.
Greg Heilers - 25 Mar 2006 17:26 GMT
>> Unless someone who was arrested sues for
>> a civil rights violation and wins....
[quoted text clipped - 8 lines]
> was challenged.  Our politocos KNOW it's unfair and illegal, but it'll
> stay on the books until someone sucessfully challenges it.

How is such a thing, any more, or less, "unfair and illegal"
than *any* other tax law?  Is it any different than charging
some people a higher tax rate, simply because they earn more
income?  Or, since some occupations require the person
to pay "licensing fees" on an annual basis, while many
other ocupations do *not* require such a thing...is this
not also an "unfair and illegal" tax?

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Greg Heilers
Registered Linux user #328317 - SlackWare 10.2 (2.6.13)
AUS
   .....

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        -- Homer Simpson
          Treehouse of Horror II

Scott Schuckert - 26 Mar 2006 15:13 GMT
> How is such a thing, any more, or less, "unfair and illegal"
> than *any* other tax law?  Is it any different than charging
[quoted text clipped - 3 lines]
> other ocupations do *not* require such a thing...is this
> not also an "unfair and illegal" tax?

The reason it's been struck down in neighboring communities is that
it's not based on ability to pay - people with the same title may have
widely varying incomes. (And to avoid "abuse", they often don't take
your word for what you do - they ASK YOUR NEIGHBORS!)

For example, my business card once read Salesman. Then I changed
divisions in the same company, and it read Systems Engineer, and my tax
tripled, presumably on the basis that all "engineers"  have engineering
degrees and make a lot of money. I assure you this is NOT true in the
computer industry; in fact I made less than as Salesman.

It took me three years of bitching to get it changed to "technician",
which has about the same tax as Salesman. Did I get the refund of the
difference for the three years? Don't be silly.

------------------

There was also a recent crackdown on prostitution in a neighboring
state. One of the tools was to publish the name and picture of those
ARRESTED (not necessarily convicted) for patronizing a prostitute in
the news paper.

The sponsor of the bill freely admitted in a radio interview that the
law was probably illegal, but would stand until challenged - and who
was going to come out for "Johns Rights?"
Bob Kaplow - 26 Mar 2006 15:45 GMT
> There was also a recent crackdown on prostitution in a neighboring
> state. One of the tools was to publish the name and picture of those
[quoted text clipped - 4 lines]
> law was probably illegal, but would stand until challenged - and who
> was going to come out for "Johns Rights?"

Arrest the politician for prostitution.

Signature

 Bob Kaplow   NAR # 18L   >>> To reply, there's no internet on Mars (yet)! <<<
Kaplow Klips & Baffle:    http://nira-rocketry.org/Document/MayJun00.pdf
   www.encompasserve.org/~kaplow_r/    www.nira-rocketry.org    www.nar.org

    S&T is becoming this decades Steve Weaver!

W. E. Fred Wallace - 25 Mar 2006 20:39 GMT
> In our little town, we have an "occupational category tax", where you
> pay a yearly tax based on your job title - any lawyer, so much, any
> engineer, so much - regardless of your actual income. It was once
> common around here, but it's been struck down in every town where it
> was challenged.  Our politocos KNOW it's unfair and illegal, but it'll
> stay on the books until someone sucessfully challenges it.

How much is a politician charged?? (:-)
Bob Kaplow - 25 Mar 2006 21:35 GMT
> How much is a politician charged?? (:-)

Should be their total salary plus bribes. But since they write the laws, I'm
sure they exempt themselves. NO government should be exempt from ANY law
that they pass on the citizens, or those laws should not apply to either.

Signature

 Bob Kaplow   NAR # 18L   >>> To reply, there's no internet on Mars (yet)! <<<
Kaplow Klips & Baffle:    http://nira-rocketry.org/Document/MayJun00.pdf
   www.encompasserve.org/~kaplow_r/    www.nira-rocketry.org    www.nar.org

Klein bottle for sale -- inquire within.

Scott Schuckert - 26 Mar 2006 15:25 GMT
> NO government should be exempt from ANY law
> that they pass on the citizens, or those laws should not apply to either.

That's almost a benchmark for bad government. Every time I read some
government entitity is "protected" from civil suits, or exempt from
regulation, it reminds me we don't really have representative
government.

Really - the supposition is that the politicians enact the laws WE want
to have. Given the choice, would even one private citizen vote for a
proviso like that?
Bob Kaplow - 25 Mar 2006 21:33 GMT
> In our little town, we have an "occupational category tax", where you
> pay a yearly tax based on your job title - any lawyer, so much, any
> engineer, so much - regardless of your actual income. It was once
> common around here, but it's been struck down in every town where it
> was challenged.  Our politocos KNOW it's unfair and illegal, but it'll
> stay on the books until someone sucessfully challenges it.

Many places have all sorts of laws that they know are illegal. Challenge
them, and they drop it, so that it doesn't go to court and get overturned.
That way they can continue screwing those who don't know any better.

BTW, according to my tax form, my occupation is "taxpayer"...

Signature

 Bob Kaplow   NAR # 18L   >>> To reply, there's no internet on Mars (yet)! <<<
Kaplow Klips & Baffle:    http://nira-rocketry.org/Document/MayJun00.pdf
   www.encompasserve.org/~kaplow_r/    www.nira-rocketry.org    www.nar.org

Klein bottle for sale -- inquire within.

Dave Grayvis - 25 Mar 2006 22:40 GMT
> BTW, according to my tax form, my occupation is "taxpayer"...

That' gonna' cost You!
Cranny Dane - 26 Mar 2006 03:31 GMT
> In our little town, we have an "occupational category tax", where you
> pay a yearly tax based on your job title - any lawyer, so much, any
> engineer, so much - regardless of your actual income. It was once
> common around here, but it's been struck down in every town where it
> was challenged.  Our politocos KNOW it's unfair and illegal, but it'll
> stay on the books until someone sucessfully challenges it.

Looks like Polk county FL has one.

three tiers, and fortune tellers are in tier 3

http://www.polktaxes.com/occupationaltax/otrinitial.asp
Scott Schuckert - 26 Mar 2006 15:19 GMT
> Looks like Polk county FL has one.
>
> three tiers, and fortune tellers are in tier 3

Yeah, we've got that one, too, and at about the same rates. It's called
an "Occupational Privilege Fee", which I assume means you're paying a
fee to be allowed to learn a living.

That's in addition to the Occupational Category Tax I previously
mentioned; and we have a city and state income tax as well. This is in
Bucks County, Pennsylvania.
Glen Overby - 26 Mar 2006 23:11 GMT
>In our little town, we have an "occupational category tax", where you
>pay a yearly tax based on your job title - any lawyer, so much, any
>engineer, so much - regardless of your actual income. It was once

I'm curious, what is the tax for the job titles:

    "politician"
    "mayor"
    "citty commissioner"
    "sherrif"
    "bum"

Glen
Scott Schuckert - 27 Mar 2006 12:52 GMT
> I'm curious, what is the tax for the job titles:
>
[quoted text clipped - 3 lines]
>  "sherrif"
>  "bum"

It's a secret. (I'm not making this up) The schedule is not available
to the general public, on the theory that people would lie and claim to
be whatever category was lowest. When I at length got re-classed as a
"technician" all I was told was that it would be lower than my current
category. I found out by how much wehn the tax bill came in.

Not related to the "unfair/illegal law discussion" but an illustration
of local Pennsylvania government: There's a "water emergency number" to
call if you have a problem with city water (not for your plumbing, but
the water supply) It's UNLISTED. The theory is, if people knew it,
they'd bother them with inappropriate calls. What you do is call the
police, and they call the water people FOR you.
Bill Richardson - 24 Mar 2006 00:04 GMT
> http://www.msnbc.msn.com/id/11965237/
>
> shockie B)

In the 70's I was stationed at NAS Chase field near the little town of
Beeville, TX.  Back then if you were drinking in a bar and the sheriff or
Texas DPS (Highway Patrol) came into the establishment and asked you to step
outside you had two choices.  Say no and get arrested for resisting or go
with them and be arrested for public intoxication.  The fines were about two
dollars different. AH those were the days.

Signature

William Richardson ENC USNR Ret.
TRA 8703 L2
Do not laugh at the difficulties of others
as you may soon have difficulties of your
own.

David Erbas-White - 24 Mar 2006 01:59 GMT
>  
>
[quoted text clipped - 11 lines]
>
>  

These days the sheriff would be up for 'conspiracy to commit public
intoxication'

David Erbas-White
 
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