Not Tom Cruise Fans
by Jeremy 'Panda Man' Weidenhof · 05/01/2006 4:30 pmApparently the Los Angeles County Sheriff’s Department thinks Tom Cruise’s upcoming “Mission: Impossible III” movie is a real bomb.
(4/30/06 - SANTA CLARITA, CA) - A newspaper promotion for Tom Cruise’s upcoming "Mission: Impossible III" got off to an explosive start when a county arson squad blew up a news rack, thinking it contained a bomb.
The confusion: the Los Angeles Times rack was fitted with a digital musical device designed to play the "Mission: Impossible" theme song when the door was opened. But in some cases, the red plastic boxes with protruding wires were jarred loose and dropped onto the stack of newspapers inside, alarming customers.
Mr. Cruise will likely use the free publicity as an excuse to assault furniture.

Whoop! Whoop!

Mmmm…placenta!
Hitting Below the Belt
by Jeremy 'Panda Man' Weidenhof · 05/01/2006 2:38 pmIf you have been applying lawn care chemicals or pesticides recently, a Florida scientist is concerned about your manhood.
A renowned U.S. scientist who has documented fertility and sex changes — including decreasing penis size — due to environmental contamination says he wouldn’t apply pesticides on his own lawn.
Louis Guillette, a zoologist at the University of Florida, is detailing his concern for genitalia in lectures at the University of Western Ontario in Canada. The object of his studies has been the Florida alligator population.
He found abnormalities in sex organs, dramatic differences in egg-hatching rates and hormone levels. Penis size of the animals from the polluted lake was smaller than animals from the less-polluted lake. "This is important because it is not just an alligator story. It is not just a lake story. We know there has been a dramatic increase in penile and genital abnormalities in baby boys," Guillette said.
Naturally, young Floridians are at risk.
A followup study by another scientist involving healthy couples with 5,000 healthy babies also found reduced penis size with higher contamination levels. "Are (their penises) so small they are actually having problems? We don’t know. These are baby boys," he said. But rodent studies have indicated more difficulty with fertility and other aspects later on, he said.
Obviously more research will be required in the field of shrinking gator, rat, and child members, but the zoologist would be wise to pool resources with his Canadian flying-squirrel-sex-studying counterpart to maximize efficiency. After all, it’s for the children!
E-mail the author or leave a comment below.

Undocumented rodent.
Well, today’s the day. Today’s the day society will come crashing down because illegal immigrants aren’t washing dishes.
That’s crap.
Leave your May Day stories here, and send pics. Did you run across a mob of illegal protesters? Is your favorite taco truck parked in its usual location? Did you find a business that closed in support of illegal immigrants and therefore doesn’t deserve my patronage ever again?
Let us know in the comments!
Friday’s BrewHaHa™ was a rousing success. Here are a few pics. If you’ve got some of your own, send them my way.
The gang’s all here.
Shannon expresses his displeasure with the Republican Party.
Smacktle, in rare form.

Your humble correspondent. (Thanks, JimB!)
I drank the Kool-Aid. For real.
According to my sign-in sheet, which got less and less legible as the night went on, the following folks were in attendance: Neocon, Buddy (and daughter and friend), Caleb, Jeff, Shannon, Bill, SargeVining, Squawkbox and Mrs. Squawkbox, Don, Headshaker, An Observer & Mrs. An Observer, The Dude and Mrs. Dude, Jeff, Duhmoose, Mike, Jim B., Smacktle, Goodjobtim, RightWingSparkle and DanielJames.
Of course, it wouldn’t be an LST event without a lot of ridiculous props. Smacktle has his cowbell, the lovely Miller Girls passed out t-shirts, Sarge brought Kool-Aid and a tinfoil helmet, Shannon brought the elephant and noose, DanielJames had his "undocumented border patrol agent" t-shirts, The Dude sipped his trademark White Russian, and Jim B ended the evening by buying me a Kamikaze. Thanks Jim!
Special thanks go out to Honorary LST Brewmaster Buddy, who was our guest of honor. Buddy will select the date and location of our next BrewHaHa™. Stay tuned!

There is an object lesson in this story somewhere, but I’ll be darned if I can figure one out.
(Chron.com) The Supreme Court ruled today that one-time stripper and Playboy Playmate Anna Nicole Smith could pursue part of her late husband’s oil fortune.
Justices gave new legal impetus to Smith’s bid to collect millions of dollars from the estate of J. Howard Marshall II. Her late husband’s estate has been estimated at as much as $1.6 billion.
Wait I found the object lesson. Dress to impress.
Dressed in all black, the former stripper wept in the courtroom in late February as justices discussed Marshall and whether he had intended to provide for her in death. When she arrived at the court, several photographers were knocked to the ground in a scuffle to photograph her.
I’m just an old softy for a great $1.6 billion love story.
Hat tip Eric Johnson
Senate vote on Perry/Sharp tax plan today
by David Benzion · 05/01/2006 9:49 amThe Texas Senate is due to vote today on the Perry/Sharp tax plan, and CLOUT has e-blasted to its members the following letter from Steven Hotze, Co-Chairman, Texans for No New Taxes:
Dear Senators,
During my testimony before the Senate Finance Committee Hearing on April 28, 2006, I exhorted the members of the panel to send the Schedule B Tax Form to every Texas business affected by the Perry/Dewhurst Business Tax in order to get feedback from individual business owners as to the effect that this tax would have on their businesses.
Brochure to Political DonorsThe attached brochure was printed, mailed to and received this past Friday by 10,000 political donors who had contributed $1000 or more to any Legislator, the Governor, Lt. Governor or Speaker. Why don’t you give them a call to ask them what they think about this onerous business tax before you vote to tax their income?
Wouldn’t this be this be the right, honorable and fair thing for you to do? This session has 17 more days. Why should you allow the Governor or Lt. Governor to ramrod this inequitable, ill-conceived margins tax through the Senate now? No other state has a margins business tax, and for good reasons, yet Governor Perry and Lt. Gov. Dewhurst are attempting to force this through the Texas Legislature within the first 2 weeks of this Special Session.
Slow the train down and seek voter counsel
The Texas Senate meets as a deliberative body, that judiciously measures the ramifications, and the potential unintended consequences, of its actions.
Wouldn’t it be prudent to slow down the process and take time to contact your supporters who have placed their confidence and hope in you before you take action on HB 3? Why don’t you send the Schedule B Tax Form to every person who has worked in or contributed to your campaign and ask for their feedback? Ask them if they want you to enact this new and permanent business tax in Texas.
No other state has a Margins Tax
House Bill 3, being pushed by Governor Perry and Lt. Governor Dewhurst, is a Margins Tax. Texas would be the only state in the nation with a Margins Tax on businesses. There is a reason for that. The Margin Tax is onerous because it is inherently inequitable. It does not treat businesses fairly or equally. There are innumerable types of businesses with different types of expenses affecting what constitutes their gross margin. The Margin Tax would apply to all businesses, whether or not they make a profit. The Federal Government does even tax a business if it loses money. Why should Texas?
HB 3 is an end run around the Texas Constitution
It is obvious to all unbiased observers that House Bill 3, the Perry/Dewhurst Business Tax, is a deceptive and dishonest end run around the State Constitution’s prohibition against a state income tax. This has been intentionally done by the Governor to prevent Texans from exercising their constitutional right to vote on this new tax. No matter what you say, the margins tax would be a tax on business income. It cannot be otherwise. The margins tax would be paid from a business’ gross income. The old adage still holds true, "Honesty is the best policy." This business tax would adversely affect all Texans because it is a hidden tax which would inevitably raise the cost of goods and services to the consumers. Texans should be given the right to vote in a statewide election as to whether or not they want this tax. This would the honest thing for you to do.
Huge business tax increase
The Perry/Dewhurst Business Tax would be the largest tax increase in the history of Texas. The property tax reduction proposal, which only applies to school property taxes, is so minimal that most businesses would invariably pay hefty new taxes. Even those businesses that pay Franchise taxes would have their taxes raised 400%. This is not a reduction in the tax rate for corporations as claimed by the Governor. A 1% tax on margins is significantly more than the 4 1/2% tax on income. In order for any business to benefit, it would have to have enormous property holdings and low gross receipts. This is not the case for any but a few large corporations. So HB 3 would benefit the huge corporations while decimating the small businesses that fuel the economic engine of our Texas economy.
Minimal Property Tax Reduction
Paul Bettencourt, a Republican and the Harris County Tax-Assessor Collector, has stated that the average home owner in Harris County would receive only a $15 savings in property tax in the first year when the 7% increase in appraised property value is taken into account. This is so minimal that no homeowner would ever notice the difference. But the small businesses would be crushed by the Perry Business Tax.
Solution
HB 1 solves the immediate problem with the State Supreme Court. The property tax reduction under HB 1 would not change in the first year whether or not the HB 3 is adopted. HB 3 would not kick in until year two. So why not just pass HB1 and allow the 80th Texas Legislature to deliberate on the proposed Perry/Dewhurst Business Tax and its ramifications? This seems to be the prudent option. HB 3 creates an enormous problem for the Texas economy in the future. If HB 3 were to pass, then Texas business owners will be shocked when they find out what their business tax will be, and those who voted for this tax will invariably be taken to task in upcoming elections. It will be my goal to organize the small business owners across the state to make sure that this happens.
HB 3 would be a disaster for Texas businesses, the Texas economy, Texas families and individuals.
The Perry/Dewhurst Business Tax would be the largest tax increase in the history of Texas and it would be permanent.
The property tax reduction would be temporary. Without appraisal caps the promise of meaningful property tax reduction is worthless.
The Texas Senate and Legislature should pass HB 1 and leave town.
Thanking you in advance for your consideration of my ideas, I remain, as always,
Sincerely yours,
Steven F. Hotze, M.D.
Texans for No New Taxes
20214 Braidwood, Suite 215
Katy, Texas 77450
281.698.8679
www.texansfornonewtaxes.org
Feel free to use the names, phone numbers and emails provided below to make your voice heard in Austin.
Lt. Gov. David Dewhurst | 512-463-7596 | bruce.gibson@ltgov.state.tx.us
SD 1 Sen. Kevin Eltife | 512-463-0101 | kevin.eltife@senate.state.tx.us
SD 2 Sen. Robert Deuell, M.D.| 512-463-0102 | bob.deuell@senate.state.tx.us
SD 3 Sen. Todd Staples | 512-463-0103 | todd.staples@senate.state.tx.us
SD 4 Sen. Tommy Williams | 512-463-0104 | tommy.williams@senate.state.tx.us
SD 5 Sen. Steve Ogden | 512-463-0105 | steve.ogden@senate.state.tx.us
SD 6 Sen. Mario Gallegos, Jr. | 512-463-0106 | mario.gallegos@senate.state.tx.us
SD 7 Sen. Jon Lindsay | 512-463-0107 | jon.lindsay@senate.state.tx.us
SD 8 Sen. Florence Shapiro | 512-463-0108 | florence.shapiro@senate.state.tx.us
SD 9 Sen. Chris Harris | 512-463-0109 | chris.harris@senate.state.tx.us
SD 10 Sen. Kim Brimer | 512-463-0110 | kim.brimer@senate.state.tx.us
SD 11 Sen. Mike Jackson | 512-463-0111 | mike.jackson@senate.state.tx.us
SD 12 Sen. Jane Nelson | 512-463-0112 | jane.nelson@senate.state.tx.us
SD 13 Sen. Rodney Ellis | 512-463-0113 | rodney.ellis@senate.state.tx.us
SD 14 Sen. Gonzalo Barrientos | 512-463-0114 | gonzalo.barrientos@senate.state.tx.us
SD 15 Sen. John Whitmire | 512-463-0115 | john.whitmire@senate.state.tx.us
SD 16 Sen. John Carona | 512-463-0116 | john.carona@senate.state.tx.us
SD 17 Sen. Kyle Janek | 512-463-0117 | kyle.janek@senate.state.tx.us
SD 18 Sen. Kenneth Armbrister | 512-463-0118 | kenneth.armbrister@senate.state.tx.us
SD 19 Sen. Frank Madla | 512-463-0119 | frank.madla@senate.state.tx.us
SD 20 Sen. Juan "Chuy" Hinojosa | 512-463-0120 | juan.hinojosa@senate.state.tx.us
SD 21 Sen. Judith Zaffirini | 512-463-0121 | judith.zaffirini@senate.state.tx.us
SD 22 Sen. Kip Averitt | 512-463-0122 | kip.averitt@senate.state.tx.us
SD 23 Sen. Royce West | 512-463-0123 | royce.west@senate.state.tx.us
SD 24 Sen. Troy Fraser | 512-463-0124 | bill.scott@senate.state.tx.us
SD 25 Sen. Jeff Wentworth | 512-463-0125 | jeff.wentworth@senate.state.tx.us
SD 26 Sen. Leticia Van De Putte | 512-463-0126 | leticia.vandeputte@senate.state.tx.us
SD 27 Sen. Eddie Lucio, Jr. | 512-463-0127 | leann.gallegos@senate.state.tx.us
SD 28 Sen. Robert Duncan | 512-463-0128 | robert.duncan@senate.state.tx.us
SD 29 Sen. Eliot Shapleigh | 512-463-0129 | eliot.shapleigh@senate.state.tx.us
SD 30 Sen. Craig Estes | 512-463-0130 | craig.estes@senate.state.tx.us
Actually, it’s the poll itself that had me laughing. The Anchoress reports on a new poll released by CNN/USA Today:
You need a subscription to read the whole thing, but here is the gist of it:
Hillary Rodham Clinton is more popular among voters than plain Hillary Clinton, a CNN/USA Today poll has discovered.
The addition of the senator’s maiden name, which has been the subject of much discussion among voters both married and single, seems to distance her somewhat from her husband President Clinton, the poll finds.
Yeah, CNN/USA Today just felt like spending money on this question, because it’s vital.
Especially when the candidate involved is married to someone who once polled where they should go on vacation. Polling on the name…that’s beautiful. That’s what we want in charge, someone who won’t even tell you a name until it’s been focus-grouped and submitted for popular approval. In a serious and troubling age, we should elect that president. Al Qaeda will love that president.
Ain’t politics grand?
The Attorney for Andrea Clark, Jerri Lynn Ward, has sent the following letter to St. Lukes Hospital:
Dear Sirs and Madam,
As you know, I represent Andrea Clark and her family. On behalf of the family and Andrea, I have been authorized to convey treatment decisions made by the family with regard to her care. Because Andrea is heavily sedated and is limited in her ability to communicate treatment decisions to her physicians and the hospital, the family is empowered under law to make such decisions on her behalf. The family is united in its decision that life-sustaining treatments should NOT be withdrawn or withheld from Andrea Clark pending transfer to another physician or facility.
On behalf of Andrea, the family, acting as a unit, has made the following treatment decisions:
1. Life-sustaining treatment should continue pending transfer as referenced above.
2. Dr. Ron Giveon should, in the exercise of reasonable care, prepare an interim summary of his findings and diagnoses to enable other physicians to have sufficient information in order to make a decision as to whether or not to take on the care of Andrea. It is unconscionable to this family that Andrea’s primary attending physician has made himself unavailable to the patient during this trying time-even though he has delegated care to Dr. Tran.
3. It is the family’s position that Andrea is not a "futile case". Under the provisions and privacy regulations of HIPAA, the family is entitled to have erroneous information in Andrea’s medical chart corrected. Because, it is at least one physician’s opinion that a diagnosis of futility and decision that life-sustaining treatments are inappropriate, the family requests, pursuant to HIPAA, that the medical chart be corrected and that the discontinuation of life-sustaining treatments on the basis of inappropriateness not be entered into her chart. The decision that Andrea’s case is "futile" has placed seemingly insurmountable obstacles to transferring Andrea’s care to other providers. It is repugnant to notions of justice and fairness that Andrea’s life be threatened because you have unilaterally determined a disputable outcome that impedes her chances of finding another health provider.
4. The family has decided that the regimen of pain medication be reassessed and the dosage appropriately decreased so that a proper assessment of Andrea’s condition can be made by physicians other than the ones to whom this letter is directed.
5. The family withdraws consent and authorization from the attending physicians and the hospital to discuss with, disclose to or elicit opinions from Dr. Robert Carpenter regarding protected health information concerning Andrea Clark. It is the family’s opinion that Dr. Carpenter’s actions and opinions in this matter are informed solely by his personal philosophies regarding "futile care theories" and that he has not taken an objective approach in this matter. Furthermore, it is the family understands that Dr. Carpenter is an ob-gyn, and not a cardiologist. Thus, the family questions Dr. Carpenter’s seemingly active role in affirming treatment decisions of Andrea’s treating physicians.
Moreover, it is the family’s opinion that Lanore Dixon and Charles Clark were treated with rudeness, insensitivity and disdain during an ethics committee meeting which focused on pain management for Andrea. The family felt that its positions were ignored and ridiculed by Dr. Carpenter. Moreover, the report Dr. Carpenter wrote as a result of that particular ethics committee meeting was rife with misstatements of the facts. For instance, Dr. Carpenter wrote: "…The specific question asked concerning that belief is when, if ever, her sister told her that she wanted to exist in a state of pain and suffering to achieve that goal. That question was never answered." Lanore Dixon strongly disputes this and asserts that she did; indeed, state "that Andrea did tell me that she wanted all measures to be taken to save her life unless she was brain dead."
It is the family’s decision and desire that Dr. Carpenter recuse himself from consideration of this case and any decision regarding Andrea’s care. The family will be exploring its recourse under the law and under the enforcement mechanisms of HIPAA to this end.
6. The family requests that the ethics committee be convened on a day and time convenient for the family, their attorney and their medical experts to discuss Andrea’s care.
7. The family insists that Dr. Carpenter, or any other hospital staff member desist from any attempts to unduly or unreasonably persuade, intimidate or bully any potential treating physician into accepting Dr. Carpenter’s opinion that life-sustaining treatments should be withdrawn. The family, again, withdraws any consent or authorization from the parties in this matter for Dr. Carpenter to receive or discuss protected health information regarding Andrea Clark
8. The family insists that it be made privy to any conversations between representatives or case managers and attending physicians or hospital staff and Andrea Clark’s insurer regarding matters of coverage. The family is entitled to know if the insurer is placing pressure on the hospital based on its assessments regarding length of stay or any other measure impacting the insurer’s willingness to pay.
Furthermore, Andrea Clark has apparently developed a pressure-ulcer while under your care. The family has been informed that the pain that Andrea is experiencing, and which in part is being used to justify withdrawing life-sustaining treatment, is resulting from the pressure ulcer. The family is entitled to evaluate whether or not proper and timely interventions were implemented to prevent Andrea from developing the pressure ulcer. Further, it is the expectation of the family that all necessary and proper treatment be continued to promote healing of the ulcer. It is the position of the family that the attending physicians and hospital have developed a conflict of interest as a result of Andrea’s development of a pressure ulcer that should preclude you from making a treatment decision that will inevitably result in her death. Therefore, any action or decision that you make to withdraw life-sustaining treatment is ethically tainted by questions of fact regarding the level of care received by Andrea Clark.
On behalf of the family, I am putting you on notice that the family intends to file pleadings with the appropriate court in order to restrain you from withdrawing life-sustaining treatments. There are numerous questions of fact that should not be solely determined by you with regard to Andrea’s treatment. There are fact issues with regard to whether or not the physicians and the hospital have acted with reasonable care in deciding that life-sustaining treatment should be withdrawn. Should you act to withdraw life-sustaining treatment prior to review by an appropriate Court, the family intends file complaints with the appropriate regulatory and licensure entities and to take any available legal action permitted under the law and in equity.
It is the family’s opinion that the attending physician and ethics committee have overreached in this case. It should not be your decision as to whether or not Andrea’s life is worth living. The family demands that life-sustaining treatments be continued in light of the fact that the family intends to take this matter up with the Court.
Should you have any questions, please contact me. Thank you for your immediate attention to this matter.
Very truly yours,
Jerri Lynn Ward
So apparently we have an OB/GYN deciding whether a Cardiology Patient has a chance at survival. Doesn’t that sound a tad like Malpractice to anyone? And we also have a patient that has developed a pressure sore during her stay at St. Lukes and the pain from that sore is the basis for her "Intractible pain". From speaking to my sister who is an RN in Mississippi, she contends that bedsores should not occur if proper nursing care is provided. This would appear to be prima faciae evidence that the nursing care was substandard.
BTW, UPI and the Washington Times has now picked up the story.
Tat tip: Right Wing News
Fred Hill’s Bull (Part VI)
by David Benzion · 05/01/2006 5:59 amJust when you thought you can’t be any more disgusted…
Professional sports teams in Texas, which were attempting to get tax exemptions for their TV and radio broadcasts, fell short of the goal line [last] Monday night.
But the game continues for the next three weeks of a special session.
The sports teams tried to amend an overhaul of the state franchise tax so that their broadcast revenues would be excluded from taxation. A formal fiscal analysis by the state comptroller’s office showed that the amendment would have reduced taxes paid to the state by about $2.1 million.
Rep. Fred Hill, R-Richardson, said he filed the amendment on behalf of the Dallas Cowboys and other pro teams in the area on the condition there would not be an adverse financial impact on the state.
When the fiscal note was finalized Monday, he said that he would no longer sponsor the amendment, and it was withdrawn from consideration.
[Courtesy the Dallas Morning News; emphasis added by LST]
Get that?
Hill was willing to give a special-interest tax break to Jerry Jones and other millionaire sports team owners… but only if the overall burden for the ever-expanding growth of government could be put on someone else’s back.
Forced to choose between Big Government and doing favors for his contributor/buddies, Hill stood his ground and withdrew his support.
Good to know there’s at least some red line he won’t cross.
Blech.
[Previous]
No more nap over tax cap flap
by David Benzion · 05/01/2006 5:51 amRemember the legal showdown between Mayor White and tax-limitation activists over Props’ 1 and 2?
Reality seems about to intrude:
To the surprise of city officials, Houston’s tax revenue and other income is approaching the voter-approved Proposition 2 revenue cap that the city still is fighting in court.
The city had expected to stay under the cap in its current fiscal year, which ends June 30. Mayor Bill White acknowledged over the weekend, however, that unanticipated spikes in sales and property tax collections could bring the total close to the cap.
If revenues exceed the cap by more than $10 million, the measure approved by voters in 2004 calls for a rebate to taxpayers. [snip]
The city contends that it only has to enforce Proposition 1 because it passed with more votes than Proposition 2, and the two measures are contradictory.
Proposition 2 supporters challenged that position in court, and state District Court Judge Tad Halbach issued a summary judgment in January saying the city must enforce both measures. The city is appealing the ruling.
Because the decision is on appeal, it’s unclear whether the city is legally obligated to enforce the Proposition 2 tax cap this year, White said. But the measure’s supporters say they expect the city to comply.
"If they fail to, I can promise you we’ll bring proceedings," said Andy Taylor, lawyer for Proposition 2 sponsors.
[Courtesy Mr. Feldstein of the Houston Chronicle]
(Pssst– Trust me, he will.)
Monday Open Comments Thread
by David Benzion · 05/01/2006 5:30 am
Rabbi Shlomo says "Hugs, not Drugs!"
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