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Viewpoints
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Viewpoint
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Published May 8, 2008 |
BCSO – integrity, honesty and professionalism?
Guest editorial
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Published March 27, 2008 |
Lawsuit against the Texas Attorney General
An editorial comment
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Published March 20, 2008 |
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Loss of credibility?
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Published Feb. 14, 2008 |
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Publisher refutes rumors–again!
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Published Feb. 7, 2008 |
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World away gets closer every day
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Published Jan. 3, 2008 |
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He who pays the piper
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Published Dec. 6, 2007 |
Havin' my say
Diving mules & ducks, oh, my!
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Published Aug. 23, 2007 |
Havin' my say
Memo to elected officials
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Published Sept. 13, 2007 |
Viewpoint
Published May 8, 2008
Last week’s Courier chronicled the plight of a paint mare, LaPinta, that had apparently been suffering from cancer for quite a while.
Bandera County authorities apparently ascribe to the theory that if you feed a stray and starving animal for three days, you become responsible for that animal. He now belongs to you.
However, it appears if you actually own a horse, you can fail to provide him with adequate food, water and veterinary care without any legal repercussions whatsoever. “He was doing the best he could,” clucked law enforcement officers.
If Victor Hernandez had neither the expertise nor the financial resources to care for an obviously suffering animal, why did he assume ownership of the horse? You cannot treat invasive cancer with ointment.
To ensure the horse received proper care, Brighter Days Horse Rescue would gladly have helped Hernandez with vet bills. They would have also offered him advice on how to care for the ailing animal. However, I don’t believe anyone at Brighter Days, which, incidentally, is located fairly close to Polly Peak, was ever consulted about the problem.
This sad situation only proves, “If you can’t afford to take care of an animal, you shouldn’t have that animal.”
Doing "the best you can isn't good enough.Any animal lover knows that.
Kay Trevino
Bandera
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BCSO – integrity, honesty and professionalism?
Guest Editorial
Published March 27, 2008
In his recent campaign, Bandera County Sheriff Weldon Tucker promised to serve with “integrity, honesty and professionalism.”
He stated in his ads “The citizens of Bandera County will continue to come first.” I’m not sure who else would come first, if not the citizens, but as for the integrity, honesty and professionalism, I haven’t seen it. In fact, I’ve seen just the opposite.
I am a local attorney. My client and I asked to speak to Investigator Christopher Wilson, who had written a report of an interview with my client after she filed an earlier complaint. According to my client, the report contained serious errors.
However, when we asked to have the report corrected, we were told that the matter was closed. I advised the officer that I was aware the department had closed the case, but that the decision had been based upon an erroneous report. During the exchange, Lt. Allen Tucker appeared in the foyer to oversee the discussion with the investigator.
The investigator asked my client which portion of the report was in error. After she replied, he said his report correctly reflected what was said, and that she was lying. He warned her if she made another statement “recanting” the first – and lie again to him – he would arrest her.
Chiming in, Lt. Tucker angrily said the matter was closed and that we were trying to make the department look incompetent. I said that the department was, in fact, incompetent and didn’t need any help from me. Both Tucker and Wilson exited into the inner door – so much for accessibility, integrity, honesty and professionalism.
Here’s the rest of the story.
The complaint was made originally in 2005 over a dog-goat incident. TE Carnes claimed that dogs belonging to my client, Marlene Heavner and the Cowboy Capital Pet Assistance League, killed one (or more) of his goats. When he found his dead goat(s), Carnes shot two dogs on Heavner’s adjacent land, claiming they had killed his goat – although he admitted that he had not see them in the act. Moreover, the dogs had just been let out of the house minutes before Carnes fired shots onto the Heavner property, so those dogs could not have done the deed. Carnes’ shots killed one dog outright and fatally wounded the other.
Deputies with the sheriff’s department took Carnes’ complaint about the goat, but refused to take a complaint from Heavner that Carnes had shot over the fence line, killing her dogs on her own property.
In addition, once the criminal matter was disposed of, Carnes filed a civil suit against CCPAL, the owner of the dogs, and Heavner. I was retained as defense counsel.
I encourage Marlene Heavner to file charges again against Carnes for killing her dogs and for shooting onto her property. Her home, those belonging to her mother and daughter-in-law are located on the property, as well as other animals, including dogs and horses; and the play area of my client’s grandchildren and their friends. Again, the sheriff rejected the complaint, but finally sent Investigator Wilson to investigate, who “substantiated” that my client’s complaint could not be proven.
Marlene Heavner gave a statement to Wilson. From where she saw Carnes standing at his fence line immediately after the shots were fired, he had fired into her property in the direction of her home and dog yards. Then Investigator Wilson took a statement from Carnes who stated that he fired down a fence line, not into the Heavner property.
If Carnes’ statement is accurate, the dogs would have had to have been shot, returned to Heavner’s property – not only through a cross-fence, but also across or under a fence along the side property line with no holes in or under it. Additionally, the dogs would have had to run another 30 feet or so before expiring – without leaving a trail of blood along the way. Frankly, Carnes would have had to be quite a shot.
He would also have had to have move from the fence line to where Marlene saw him – a distance of about 90 feet – and through another fence, in a split second.
Another person who saw Carnes standing after the shots were fired was Marlene’s husband, Matt Heavner, who spoke to Carnes to find out what happened. According to the “investigative reports,” however, neither Marlene Heavner nor her husband ever approached the fence to speak to Carnes. Likewise, Carnes likewise denied that anyone had spoken to him.
That misstatement in the report and its denial by Carnes is ludicrous because Carnes was yelling, and certainly wasn’t to be ignored. Also, if no one had spoken to him, they would not have known where to find the dead dog, which Carnes pointed out to Matt Heavner.
In depositions taken for the civil matter, it was uncontroverted that Matt Heavner not only spoke to Carnes, but also to Carnes’ son.
The investigation, such as it was, failed to include any contact with or statement from Matt Heavner, nor did Carnes mention that his son was also present.
In short, the “investigation” was erroneous, fraudulent and incomplete and, in reality, a sham designed just to squelch the matter and give the department a basis for closing the case. Sheriff Tucker told me that Marlene had waited too long, anyway, to file a complaint. She attempted to file the complaint at the time of the incident, but the sheriff’s department would not take it. However, the Statute of Limitations on this matter is three years, so regardless of Sheriff Tucker’s opinion, it was not too late.
Since the case was officially closed, I made an open records request for any and all information, reports, diagrams and photographs, among other documents, relating to the investigation. I received a copy of Investigator Wilson’s two reports and some obscure photos. I tried to arrange to meet with Wilson to inspect the original photos – to no avail. I also asked for the “diagram” that he and Marlene had drawn up showing the location of Carnes, fences and homes, etc. I was told that it was just his own notes, and, therefore, not available as an open record.
A reserve deputy sheriff, Carnes recently initiated Sheriff Tucker into the Masons. Carnes is also a close friend of Phil Becker, on whose ranch Sheriff Weldon Tucker and Deputy Allen Tucker and their families reside – rent-free. Could there be a little corruption going on here? I have never been anything but polite and professional when dealing – or trying to deal – with the sheriff’s department, but on two occasions I have been told to get out and that they – Sheriff Tucker and/or his deputies – would not speak to me. Is this what Sheriff Tucker calls accessibility, integrity, honesty and professionalism?
To threaten to have my client arrested because she wanted an erroneous investigative report corrected is the ultimate in intimidation tactics.
The upcoming civil trial in the matter was recently moved from Bandera County to another district because I explained to the court that the citizens of Bandera County have been oppressed and intimidated. If they buck the establishment, they would not have the freedom to give a jury verdict against that establishment should they believe that is called for. After reading the examples presented, the court apparently agreed.
What a sad state of affairs we have here when the sheriff’s department runs the county in such a Gestapo fashion that even a District Court Judge from out of county can recognize the problem.
Are the good citizens of Bandera County content to let this kind of conduct continue or am I fighting this fight for common civil liberties alone?
The one and only item, as far as I can see, that the establishment recognizes from the Bill of Rights is the Right to Bear Arms. And, in the hands of the establishment, that is a frightening thing.
Carole Boyd, Esq.
Bandera County
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Lawsuit against the Texas Attorney General
An editorial comment
By Roger Sullivan
Published March 20, 2008
According to Bandera County Judge Richard Evans, the county cannot afford the jail justice center approved in a recent bond election. However, he’s now determined to spend an estimated $10,000 on a lawsuit because the county does not want to release to the public details the Attorney General has described as “public information.”
Initiating litigation was totally Judge Evan’s decision. He never convened a commissioners’ court meeting prior to authorizing the law firm of attorney George Hyde to go forward with this suit. Judge Evans was quoted as saying, “Not all of the commissioners were aware of the lawsuit,” but when each commissioner was questioned about it, to a man, they all denied knowledge of the litigation.
During the Thursday, March 13, commissioners’ court meeting, the judge told me that no meeting was called to discuss allowing this suit to go forward in the name of Bandera County. The next logical question would be: What has the county – or individuals elected in or hired by Bandera County – done so wrong that they don’t want anyone to see what’s in this latest complaint, involving the sheriff’s department? It would seem that hiding this information is worth spending at least $10,000 of the taxpayers’ hard-earned dollars to keep public information from the public.
Last year, I requested – and received – information regarding another sexual harassment-EEOC case lodged against the county. Since Mr. Hyde also handled that request, it took months of letter writing to get the county and Hyde to release the requested information.
I encountered the same tactics over and over from Mr. Hyde. In fact, he made almost the exact argument against releasing information to my request as he does in the current case – and he expected the outcome to be different?
In this current lawsuit against the Attorney General, Hyde complains that he “only” redacted three sentences in the brief he sent to the requestor. In response, the Attorney General imposed the “death penalty,” meaning Hyde must now release all information in the litigation file.
Hyde’s assertion is simply not true. The Attorney General considered every aspect of Hyde’s brief, some points he won and some he lost. Well, Hyde is certainly improving over last year. At that time, he was forced to release additional information the county didn’t want released with regard to my request – also because he didn’t follow the exact same procedural requirements of the Open Records Act.
He redacted 11 pages in the brief he sent me, which was the complete brief less the front and back pages. This has happened numerous times in the briefs Hyde sends to me, so it should come as no surprise to Judge Evans or Mr. Hyde when they received the “death penalty,” as Hyde describes in his suit. To argue the same points is to lose again.
According to Benjamin Franklin, the definition of insanity is doing the same thing over and over and expecting different results.
Either Hyde doesn’t understand the law as it applies to the Texas Open Records Act or he could care less.
I would suggest since we have elected a new county attorney who seems interested in his job, we can hopefully fire Hyde and his law firm – along with any other dead weight – and get back to serving the people.
It bears remembering the only sure winner in these battles waged by Bandera County against the Office of the Attorney General and its own citizens is George Hyde and his law firm.
Win, lose or draw, we are forced to pay them. This might lead a hungry attorney to file litigation against anything that moves. Knowing the clock is running on Bandera County citizens’ pocket books, this gives him an incentive to draw out simple open records requests for months on end.
I also read in the paper that Judge Evans said, “We want to give you the information.”
Judge, if that statement is true, then for everyone’s sake, release the information now and drop this ridiculous lawsuit that a poor county like ours can’t afford in the first place.
In addition, Judge, you cite as a reason for seeking an Attorney General’s opinion as preventing the county from releasing information it shouldn’t. Well, now that you have that Attorney General’s decision. Why not simply do as you were told instead of instigating litigation because you don’t agree with the decision you asked for in the first place?
The Attorney General has plainly told you what needs to be redacted and what doesn’t and what information can be released.
The judge, commissioners, county attorney and George Hyde have apparently forgotten their function in our county government. Perhaps they should read – and reread – the following on public information in the State of Texas. Apparently they don’t understand the idea that open government belongs not to them, but to the people who insist on retaining control of their public servants:
§ 552.001. POLICY; CONSTRUCTION. (a) Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. The provisions of this chapter shall be liberally construed to implement this policy. (b) This chapter shall be liberally construed in favor of granting a request for information.
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Loss of credibility?
By Mary Butler
CCPAL volunteer
Published Feb. 14, 2008
It was recently suggested that the Cowboy Capital Pet Assistance League had “lost credibility” in Bandera County.
Anyone who believes that should consider this – without CCPAL and its volunteers lost, stray, abandoned or abused animals would last only three days in the county pound. All cats and kittens would be destroyed immediately – the three-day grace period for felines would be a thing of the past.
Additionally, there would be no inexpensive obedience classes offered in the county and few lost or strayed pets would be returned to their owners. Also, none of CCPAL’s other services would be available.
Consider this. Does anyone actually believe local veterinarians would agree to euthanize so many healthy adoptable pets? No? Then how do you think they would be disposed of?
Do you want the Cowboy Capital of the World to be known as the county that kills its animals as quickly as possible? Or worse, do you want Bandera County to become known as the “Jordantown of the Hill Country”?
Is this what the good people of Bandera truly want? If not, support CCPAL’s continued efforts to save as many animal lives as possible.
Why is CCPAL always asking for financial help?
Most of the pet rescue organization’s efforts are covered by donations from the general public. However, due to the ever-increasing number of animals, CCPAL volunteers frequently must pay for necessary items out of their own pockets.
For example, with a nursing mother, her six puppies and five other pups to feed, the center ran out of puppy food on Saturday, Jan. 26. Luckily just before CCPAL Director Marlene Heavner was preparing to dip into her pocket – again – to purchase food, a generous woman dropped off several bags of puppy food at the center.
In addition to purchasing kitty and puppy food, Marlene frequently pays for gasoline for the CCPAL truck and for kitty litter and other essentials. Everyone wants Marlene’s help. She’s the first person they call with animal concerns.
But this is just half of the equation. What people must realize and fully understand is the burgeoning financial cost that comes with Marlene’s and all CCPAL volunteers’ commitment to saving the county’s stray, abused and abandoned animals.
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Publisher refutes rumors–again!
Published Feb. 7, 2008
It is election year and, as politics would have it, the rumors are flying. In the last election, it was a county commissioner who accused the Courier of sponsoring a subversive, left-wing political website. This year it is the sheriff’s wife threatening the Courier with legal action for spreading a malicious rumor about her husband.
On the evening of Monday, Feb. 4, Nancy Tucker, wife of Sheriff Weldon Tucker, stormed into the Courier office and declared, in a deafening accusation, that several people had informed her “they (the Courier) had told them Weldon was going to be federally indicted next week.” Multiple witnesses in the office could not help but overhear the clamorous rantings of the incensed woman, who additionally threatened to instigate a lawsuit against the Courier as a result of the rumor.
For the record, the Courier has published nothing that can be construed as an allegation that Sheriff Tucker is to be the recipient of a federal indictment. I state unequivocally neither I, nor anyone associated with the Bandera County Courier, ever stated that Sheriff Tucker was about to be “federally indicted.”
I suggested to Mrs. Tucker her sources probably misquoted a statement I personally made to a Tucker supporter recently. When asked if I were planning to print information in the Courier prior to the election about a federal civil lawsuit against Sheriff Tucker, I answered, undeniably, yes. The supporter said that he had heard that rumor. I assured the supporter, as I did Mrs. Tucker, that this is not some devious, underhanded plot on the part of the Courier to try and manipulate the election outcome. It is simply the obligation of a newspaper to report the news.
During a federal investigation into marijuana production in Real County in September 1999, Tucker, serving as a deputy sheriff, apprehended Bradley R. Ham. After frisking the suspect and finding no concealed weapons, Ham escaped from custody and was shot by Tucker. Ham’s leg was subsequently amputated below the knee. A lawsuit, filed by Ham against Real County, the Real County Sheriff’s Department and Weldon Tucker followed.
The United States Fifth Appellate Court of Appeals in New Orleans overturned an earlier district court summary judgment in Tucker’s favor. Accordingly, the Fifth Court vacated the district court’s ruling and remanded the case against Tucker in his individual capacity to the district court for further proceedings. Tucker is now the sole defendant in the case. The Courier will provide in-depth coverage of the case against Sheriff Tucker scheduled to begin 9 am Tuesday, Feb. 19, in San Antonio’s United States District Court.
As final response to the above allegation, and any others that some vacillating buffoon may try to pin on us as a result of the facts stated above, the Courier did not shoot Bradley R. Ham. Nor did anyone associated with the Courier. We did not bring suit against Weldon Tucker in the case. We did not set the court date two weeks before the election. We did not spread rumors and have nothing to gain from doing so. We will, however, continue to report the facts of any and all allegations - for or against any of our local elected officials.
As a personal side note, this incident gives me great pause. I personally find it curious that the Sheriff of Bandera County, an elected official charged with confronting and apprehending known, and presumably dangerous, criminals, requires his spouse to identify and confront a suspect so perilous as an alleged rumormonger.
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World away gets closer every day
by Judith Pannebaker
BCC Editor
Published Jan. 3, 2008
Former Pakistan Prime Minister Benazir Bhutto was assassinated Thursday, Dec. 26, shortly after addressing a political rally near Islamabad.
After eight years in exile, she was poised to make another run for power in the country described as “the most dangerous in the world.” It has been speculated the Jan. 8 elections were designed to resolve divisive internal factions by pairing Bhutto as prime minister with Pervez Musharaf as a kinder, gentler president – and strongman.
Bhutto’s death, however, throws the election into doubt as another candidate, former Prime Minister Nawaz Sharif, has threatened to boycott the election. As of press time, however, the show has been postponed until February.
Television talking heads have conjectured Bhutto’s assassination will ultimately translate as a significant cog in the United States’ War on Terrorism. For this reason, the Courier has solicited the following opinion piece from a writer who has spent a considerable amount of time in South Asia.
The gaming table of Pakistan
By Andrew Manzardo
Special to the Courier
The tragic death of Benazir Bhutto deals the cards once again in the wild poker game that is the politics of Pakistan.
Bhutto played her cards and lost, but the game is far from over. To predict what might happen, one must be introduced to those sitting at the table.
Until recently, the country’s army was headed by Pakistani President Pervez Musharraf. The military could be one group of players, but is more likely fragmented, for there are many generals each with their own wealth and ambitions.
The Pakistani intelligence service, the ISI, often seems to be playing a stake of is own. These players use big chips, including control over a lot of the government and an unknown number of atomic bombs. Some in the ISI have shown a willingness to sell these bombs or pieces of technology to the highest bidder, along with an unwillingness to share the profits of their government control.
The stakes have been recently been made higher with great amounts of US and Saudi development and military aid added since Pakistan became the conduit for funding during “Charlie Wilson’s War” in the 1990s. The chips have recently been redoubled as the Americans attempt to have the Pakistanis gain better control over their Federally Administered Tribal Areas (FATA), areas reputed to be sanctuaries for Osama bin Laden and his remaining al Qaedi warriors.
The rest of those seated at the gambling table belong to a series of small fragmented parties. Some seek social change; others, religious or ethnic power; still others are content to grab at some piece of the normal political spoils. Only a quarter of these politically active groups fall into the fundamentalist Islamic groups that worry our politicians so.
These Pakistani parties rally behind one leader or another – the best known being Bhutto and Nawiz Sharif, each former prime ministers. But, with a population of 165 million, even a very small party in Pakistan can have a numerically large following and can easily trouble one another and the peace of the country as a whole.
Recently, there has been talk of an election and the winner of this political poker round could walk home far richer – though many of these players are already quite rich, as shown by the Islamabad homes of majors and colonels, let alone the generals, in the Pakistani Army. It should be remembered while claiming Bhutto as a democrat, her family owned a huge Texas-size parcel in the Sindh Province. Additionally, she was frequently accused of corruption by her many political enemies. There are no angels in Pakistani politics, only devils of differing sizes.
Pakistani political parties have become very dependant on strong single leaders, and this cultish quality makes Bhutto’s assassination even more tragic. It is not evident that another leader can take her place; her death effectively kills her party for the near term.
For this reason, it is likely that many of her relatives and followers will call for the coming elections to be postponed “out of respect for Ms. Bhutto’s memory.” In real terms, they realize it will take much time for her party to recover from this political disaster. This will likely suit Musharraf as well, for his pile of chips had recently diminished and his betting had gotten erratic. Now he has an excuse to overturn the table for a while and stop the game until he can improve his stake.
One wonders at the stakes when Bhutto – warned repeatedly that her days were numbered should she return to the game – chose to play her card anyway.
One can speculate at her motives and worry at the passions that are yet to be released. Andrew Manzardo is a freelance consultant who has worked in South Asia in water policy and politics for many years. While working throughout Pakistan, he comfortably avoided getting involved in politics there.
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He who pays the piper
by David Arny
BCC Staff Writer
Published Dec. 6, 2007
Taking umbrage at what they perceive as an erosion of tradition, if not an outright attack of their faith, many Christians have begun organizing boycotts against businesses which have replaced the word "Christmas" with generic terms such as "winter," "holiday" or "season."
Businesses recently boycotted by Christian groups for these policies such as Target, Kohl's and Sears have responded by saying their only intention is to make shoppers who observe Hanukkah and Kwanzaa, or observe no holiday at all, to not feel marginalized by a preponderance of Merry Christmas greetings at their retail outlets.
Some threatened boycotts have resulted in store policies being revised, such as Wal-Mart's decision to reinstate the word "Christmas" in its stores where the more politically correct "Holiday" had been substituted, according to Senior Public Relations Manager Dan Fogleman. (Greeters at the nation's number one retailer will still be instructed to say "Happy Holidays" rather than "Merry Christmas" to shoppers, however.)
Substituting "public school students" for "shoppers" and "school board administrators" for "retail store managers," the record of public sentiment changing official government policy regarding Christmas reflects no such reversals.
While the Bandera Independent School District's Events Calendar for 2008 lists both Christmas Eve and Christmas Day on Dec. 24 and 25, the online Educational Support Calendar designates Dec. 24 through 28 as "Winter Break" days. This has led some to fear BISD has fallen into lock step with the forces of secularism, or worse, atheistic activists who wish to erase all vestiges of Christianity from America public life.
Conservative author and attorney Joseph Kerry coined a term for the very real phenomena of school districts across the nation being forced to eliminate any reference of Christ from end-of-year holiday observances – "A-B-Cs," or, "Anything But Christmas."
In a thought-provoking essay posted on radio personality Glenn Beck's website (www.glennbeck.com), Kerry lists school districts across the country enacting policies seemingly designed to evoke the ire of traditionalists.
For example, according to Kerry, the Maplewood School District in New Jersey's decided that the Columbia High School band must substitute "Frosty the Snowman" and "Winter Wonderland" for "O Come All Ye Faithful" and "Silent Night," so as not to run afoul of the much-touted "wall of separation" between church and state. Other instances abound of schools in dozens of states prohibiting pre-football game prayers, banning references to God at graduation ceremonies and even declaring school campuses off-limits to after school Bible study groups – while rolling out a red carpet for gay and lesbian student groups to use school facilities, for example.
The so-called "wall of separation" refers to a phrase written by founding father and third United States President Thomas Jefferson in a letter to a Baptist Minister in Danbury, Conn. At that time, the Baptist minority in that state were forced to regularly apply for special exemption from paying taxes to support the then-majority Christian denomination of Connecticut, the Congregationalist churches.
Jefferson supported the Baptists' contention that this requirement violated their rights under the establishment clause of the First Amendment of the US Constitution. He wrote, in part
"...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church and State."
–Thomas Jefferson (Jan. 1, 1802)
The establishment clause of the US Constitution is regularly touted as proof that religious symbols and observances are illegal if they appear under the auspices of government authority. Almost completely ignored by opponents of are the words which accompany the opening sentence of Article One of the Bill of Rights.
"Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof;" (emphasis added)
Since the 1940s, when the public school system began receiving an ever-growing infusion of federal funds – the court has ruled in dozens of cases, the majority of which involving disputes over tax money being spent to support church-owned schools.
In 1971, the Supreme Court heard the case of Lemon versus Kurtzman, creating the famous (or infamous, depending on one's perspective) Lemon Test for determining the constitutionality of laws as they pertain to the Separation Clause.
To pass constitutional muster, the government action must have a legitimate secular purpose; it must not have the primary effect of either advancing or inhibiting religion; and it must not result in an "excessive government entanglement" with religion.
Some conservatives, perhaps most notably right wing firebrand and bestselling author Ann Coulter, have recently attempted to put forth the argument that there is indeed an established state religion and that religion is Secular Humanism. Coulter points out that humanists have their own creation story (the so-called "big bang"), their own deity (Gaia, the Earth goddess), their own pantheon of martyred saints (John Kennedy, Robert Kennedy and Martin Luther King, among others) and even a concept of heaven on Earth (a socialist utopia where all people are equal and fossil fuels need never be used).
So far, that argument has yet to be tested in the courts, although conservative legal groups – counterparts on the right of the left wing American Civil Liberties Union – plan using it in upcoming legal battles.
For now, referring to the upcoming holidays as "Winter Break" may simply be a pragmatic decision by BISD officials in an attempt to avoid receiving a registered letter written on ACLU stationary demanding they cease and desist from using the word "Christmas." The store owner may choose his slogans by what the market forces dictate, but public school administrators risk huge litigation expenses by going against the powers that be. In both cases, he who pays the piper calls the tune.
Kerry concludes his essay by pointing out two options for those who oppose abandoning the "reason for the season."
"First," he writes," make sure your voice is raised and heard when public decisions are made to exclude or minimize that which you cherish. Second, and perhaps more importantly, develop and nurture the faith, tolerance and charity which characterize the spirit of Christmas. These attributes have sustained us as a country in the past and provide the foundation of hope for a promising future."
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Havin' my say
Memo to elected officials
by Judith Pannebaker
Published Sept. 13, 2007
Recently, the Bandera City Council and Planning and Zoning Commission held a joint workshop to “clear the air.” At that time, Mayor Denise Griffin also took an opportunity to “clear the air.”
In a fit of mayoral pique, she channeled the shade of the late Spiro Agnew. Agnew, by mouthing words written by an embryonic Pat Buchanan, blamed all the ills of his particular world on “nattering nabobs of negativism.”
Griffin equated her “nattering nabobs of negativism” to the local fourth estate.
A perennial scapegoat, the media lately has been blamed for everything from Senator Larry Craig’s existing embarrassing situation and the market’s present struggle with subprime lending rates to stalled international efforts to reach an agreement to fight climate change. Even a vast majority of Americans – 87 percent – blame the current “culture of celebrity” on the media, rather than themselves.
But, back to Bandera …
Griffin indicated an astonishment with a recent spate of “negativity in the press” – a charge echoed with Jerry Springer-esque shrillness by Griffin’s right-hand woman, Mayor Pro Tem Monica Halsey.
Referencing press reports and members of city council and the planning and zoning commission, Griffin opined, “Ya’ll make it seem like we don’t like each other. You make it sound like I hate Robert (Koimn) and I hate Jim (Hannah), and I don’t.” Well, that settled that. She continued, “It’s offensive when we read things that are so negative to the city.”
Perhaps Griffin took personal umbrage to recent revelations in newspapers about a controversial memo sent to members of the P&Z commission drafted at her direction by city attorney Monte Akers. Although addressed to them, commissioners were not allowed to retain copies of the memo, but were instead asked to sign the only copy and return to sender. Presumably, affixing their monikers to the missive indicated the memo had been read and acknowledged.
For the record, Griffin quickly laid the offensive “sign and return policy” at the feet of City Secretary Linda Boshek, who appeared discomfited, but amenable, to falling on her sword for the mayor.
During the workshop session, Koimn asked Griffin why she sent a memo via the city attorney rather than address the commission herself.
“Me coming to you would fall on deaf ears, so I decided to let Monte write (a memo),” she replied.
The Courier used information contained in the memo, as well as from the tape of the July 10 planning and zoning meeting and notes from the August 16 city council meeting for an article entitled “Memo to P&Z – ‘Back off!’” published in the Thursday, August 30, edition.
If this were one of the newspaper articles that Griffin found so objectionable, it probably wasn’t the last.
In an article published in the San Antonio Express-News about the August 5 combined workshop, Zeke McCormick offered the following observations: “… officials here traded snipes and conflicting views …”, “… friction between the two groups was apparent”, “Tensions rose …”, and “… saw the memo as a bid to muzzle the commission …”. So, again for the record, negativity does not appear to be confined to the local press.
Bandera residents should expect their elected officials to be accountable for their actions rather than blame others. In this case, Griffin managed to blame the city secretary, planning and zoning commissioners and the local media for the controversy she initiated.
Memo to all elected officials – if you speak in a public forum, workshop, meeting or assembly, you might be quoted in print. Like officials in an adjacent county were informed, “If you don’t want to see it in print, stop doing it.”
Meanwhile, the Courier will continue to report on what actually happens at meetings, not someone’s spin on what should or might have happened.
Given the reasoning the mayor exhibited at August 5 workshop, we fully expect her to blame the weatherman for all past and future flooding.
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Diving mules & ducks, oh, my!
by Judith Pannebaker
Published Aug. 23, 2007
Last week on its front page, the Courier queried: "Aqua Mules – animal cruelty or just good clean fun?"
Apparently the question has now been answered.
Bandera County Sheriff’s Office Deputy Shane Merritt videotaped the Saturday, August 11, performance of the “All American High Diving Aqua Mules” currently on exhibition at the BR Lightning Ranch on FM 1283 in Pipe Creek. As reported, during the course of his "investigation," he was unable to substantiate charges of animal cruelty.
According to his report, Dipsey Doodle, Ingrid and Smokey needed "no prodding" to climb a ramp and hurl themselves off a platform into a six-foot deep tank of water. That bit about "no prodding" must have clinched it for Merritt.
After determining "no evidence of animal cruelty" existed, Merritt, nevertheless, dutifully forwarded the tape of the diving mules to the office of County Attorney Kerry Schneider "for review."
A note, accompanying the tape, might have read something like this:
"Here’s a copy of the non-offense report and tape of the diving mules for your consideration, Ms. Schneider. I am also including a list of all the license plates of motorists who weren’t speeding in the county today.”
In Merritt’s defense, the Penal Code defines animal cruelty as torturing, neglecting, abandoning or overworking an animal. A review of Merritt’s videotape would probably show no torture or abuse.
As for the issue of overwork, it would appear that the mules were given 15-minute breaks each hour, and a review of the mules’ employment contracts could possibly reveal a generous hourly wage, retirement benefits, health insurance and ample overtime pay, as well as paid holidays. Apparently, the mules have quite effective union representation.
If only Merritt and his fellow deputies had it so good.
Next week, the Courier will address the cruel exploitation of ducks on Bandera’s Main Street for corporate gain.
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Robert L. Koimn, AIA Architect
Architect
Town Planner
830-796-8168p
830-688-1082c
PO Box 1000
Bandera, TX 78003
Email: koimn@sbcglobal.net
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Printing & Advertising
Promotional Products
Mugs & Cups
Pens & Pencils
Caps & Shirts
Business Gifts
Calendars
Portfolios
Custom Printing
Business Cards
Brochures
Postcards, etc.
Located 1311 at Cypress Street, Suite 1
(next to Bandera Ice House)
(830)796-9590
830-688-7734
Email: karen@
karenmangold.com
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Live & Online Auctions
Professional Licensed Auctioneer since 1989 and a leader in the auction profession.
www.texasbid.com
Phone (830)230-5362
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Bobby Reagan Electrical Services
h 830-796-8522
c 830-688-6699
New Construction
Remodel • Repair
Meter Loop
Lighting Design
License #22934
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Chiropractor
Non-Surgical
treatment
of herniated disc
Carpal Tunnel Treatment
Sciatica
830-796-7200
650 Hwy. 16 South
P.O. Box 898
Bandera, Texas
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Video Outlet
Video Rentals
& Sales
Games • Accessories & Memory Cards
1134 Main, Ste C • Bandera • 830-796-3087
1000s of Previously Viewed DVD, VHS & Games for sale!
We also buy silver/coins!
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Inspired Painting & Repairs
Interior & Exterior
Painting & Wallcoverings
For the colors in your life!
Residential ¥ Business ¥ Multi Family ¥ Handy Man Services
Free Estimates
Reasonable Rates
100% Satisfaction Guaranteed.
210-777-4451
210-274-3005
Ask for Gregg
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Go Concrete Construction
Sidewalks
Foundations
Driveways
Retaining Walls
Free Estimates
Locally Owned & Operated
630-510-2776
210-722-2702
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Cleaner Carpets by Wayne
"Where professionalism and service matter."
Carpet
Upholstery
Drapes • Area Rugs
Carpet Repair
24-hour water damage restoration
830-510-6513
800-595-6513
E-mail: ccw@texas.net
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Bandera Gun Club Inc.
Get-Er-Done!
banderagunclub@
sbcglobal.net
809 Ranch Road 1077
Bandera
870-796-4610
Skeet • Rifle • Pistol • Trap
Sporting Goods &
Hunting Supplies
Guns • Ammo
Reloading Supplies
Texas Concealed Handgun Instructor #00006399
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Durango Pest Control
We do our best work with Bugs!
210-332-3433
Complete Termite and Pest Management
Family owned and operated
Pest management for Homes,
Rentals, Commercial kitchens and Bldgs.
210-332-3433
Residential/Commercial
Professional Reliable Service
TPCL 13280
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ADOBE Productions
Conversions and Productions
Movies, tapes, records to CD/DVD
Customer Video Productions
CD/DVD duplications
830-796-4769
611 Main Street
Bandera
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CS Enterprises
Site Work, Roads, Land Clearing, Tanks, Dams, Hauling, Trenching
Eco Friendly
No job too large
or too small
830-486-8230
Bandera, Texas
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C.G. BlueOak Consulting, LLC.
Specializing in Wildlife Management, Rain Water Collectors, Prescribed Burning, Turkey Feeders, Mapping, and Conversion from 1-D-1 Ag to Wildlife Valuation.
Paul Garrison III
830-589-7473
E-mail: ter@hctc.net
www.BlueOak
Consulting.com
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FS Visions
We Make Your Name Shine!
Specializing in Foil Graphics
Business Cards
Brochures
Flyers
Gift Certificates
Posters
Invitations
210-422-7180
209 PR 1501
PO Box 404
Bandera
Faye & Gary Scott
E-mail: s316gf@aol.com
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Circle H Pest Control
We kill what's bugging you!
Jay Harmon Owner/Operator
(Formerly w/Team Pest Control)
Now servicing old and new customers.
Got Bugs?
Call 830-688-9901
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Reynolds Diversified
Home Improvements
Remodeling, Room Additions, Repairs, Siding, Int. Ext., Paint, Roofing, Concrete
Office 830-510-4924
Cell 210-887-0190
Owner: Mark Reynolds
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Wayne Wharton & Son
Construction Co.
Back Hoe Service
Septic Tank
Installation
(Lic. Inst. #1611)
Water Lines
Driveways
Dump Truck Hauling
Brush Clearing
Serving Bandera & the Surrounding Counties
Over 30 Years Experience
(830)796-3677-Wayne
(830)377-4506-Ian
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McMullan
Insurance
Agency, Inc.
We're happy to insure
General Liability
Property
Life & Health
Bonds • Home
Trucks & Cars
Umbrella Coverage
(830)796-3725
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A&A Gonzales Fencing
Farm & Ranch
Bobcat Services
Post Holes
Metal Buildings
Pole Barns
Johnny Gonzales
Free Estimates
830-370-5817
830-796-3140
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Hubble Tech, LLC
Gate Operators
Commercial & Residential
Custom Gate Entrances
We service all gate operators
Rocky Hubble
210-688-3827
800-725-3827
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Adamietz Plumbing
Johnny Adamietz
Roto-Rooter Service
Remodeling
New Construction
Service & Repair
(Call Eva at Hair Unlimited)
830-796-4368
830-634-7517 (Home)
Serving Bandera County & the Hill Country
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For God and Country
A Christian and Veteran Gift Shop
Rosaries and First Communion Sets, Bibles and Covers, Children's Bibles, Shield of Strength.
Armed Forces pin, caps, car ribbon magnets, items for the military enthusiast.
Variety of residential and commercial flags and poles.
(830)796-9880
10 am to 6 pm Tue-Sat
1310 Mulberry, Bandera
Side Street Behind Post Office
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Mike Newman
A Ranch Service Company
Fencing - All Types
Ranch Entries
Automatic Gate Openers
Horse Pens ¥ Barns ¥ Cabins
Ranch Consultant
Certified Agricultural Teacher
Dedicated to serving Hill County Ranchers
830-796-4771
Cell 830-460-1912
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Pipe Creek Trading Company
Antiques
Hwy. 16 just west of Pipe Creek
(830)535-6884
Cell: (210)884-1533
P.O. Box 63566
Pipe Creek, TX 78063
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Lloyd Mays Auction
Auctions Estates Liquidations Consignments
(830)460-1043
(830)612-2251
PO Box 63831
Pipe Creek
lloyds@swbell.net
TX#11842
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Pipe Creek Animal Clinic
11113 St. Hwy 16 S
Pipe Creek
830-535-4406
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Home & Ranch Repairs
Pasture Mowing
Decks • Painting
More
Call Joe Sides
830-589-7110
Lifetime resident of Bandera County
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4 Seasons
Air Conditioning
& Heating
Residential & Commercial
Service all models
changeout
830-796-4647
4110 Hwy 16 S
Bandera
www.4seasonsaircon.com
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Omega Tile Co.
Craig Honaker Jr.
Specializing in bathrooms, floors, showers, countertops and patios.
529 Green Oak Drive
Pipe Creek
830-510-6258
830-688-6505
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Beer & Martinez, LLP
Law Offices
(830)796-8611
158 Hwy 16 South
30 years trial experience
Law school adjunct professors
Auto, Truck Accidents
Injury, Wrongful Death Cases
Wills • Probate • Divorces
Business Cases
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Ranchers and Landowners Association of Texas
offers
CASH REWARD
For information leading to the arrest and conviction of any person or persons committing crimes against its members/property or wildlife.
(830)589-STOP(7867) or
1-800-792-GAME (4263)
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Propane Energy
Call our Office for Prompt, Friendly Service
Ask us about metered tank service!
830-612-2900
800-292-5656
Bandera Ð Pipe Creek
Medina Ð Tarpley
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Victor Strickland Tractor Works
Have tractor will work!
Shredding
Post Hole Digging
Front-end Loader
210-355-0345 Mobile
830-796-3358 Home
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All County Plumbing
"Know before you owe."
Priced by the job, not the hour.
830-796-9021
Lic. # M-13956
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Propane Depot
Propane delivery for your home or business
Tank Sales ¥ Service
RV Fuels ¥ Cylinder Filling
2 Miles north of Pipe Creek on SH 16
830-510-4777
Bandera County's only locally owned and locally operated propane dealer
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Cow Creek
414 Main Street
Bandera
830-796-3323
Trophies & Plaques
Signs & Banners
Photography
T-shirts & caps
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D'Spain Sales & Service, Inc.
Residential & Commerical
Air Conditioning & Heating
Sales & Installation
Repair & Maintenance
Electrical
Contracting & Repair
Water Well Service
Pumps
Residential & Commercial
804 Eleventh St.
Bandera
830-796-3697
800-371-9977
MASTER CARD & VISA ACCEPTED
FINANCING AVAILABLE
www.dspaininc.com
LIC#TACLB001925C TECL19156 PUMP#4449PKL
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Smith Computer Services
Computer repair available locally
Business & Residential Services provided
Repairs, Upgrades, Networking
Antivirus/Spyware detection & removal
On site Service
Mike Smith
Over 30 years Experience in the Computer Industry
830-589-7249
www.smith
computerservice.com
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Bandera Barber Shop
1547 Hwy 16 N
Bandera
830-377-2097
Coy Merrit
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D'Spain Sales & Service, Inc.
Residential & Commerical
Air Conditioning & Heating
Sales & Installation
Repair & Maintenance
Electrical
Contracting & Repair
Water Well Service
Pumps
Residential & Commercial
804 Eleventh St.
Bandera
830-796-3697
800-371-9977
MASTER CARD & VISA ACCEPTED
FINANCING AVAILABLE
www.dspaininc.com
LIC#TACLB001925C TECL19156 PUMP#4449PKL
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Hair Unlimited
Sculptured Nails
Mon-Fri 8-6
Saturday 8-4
796-4368
806 Main
Bandera
If you hair is not becoming to you
...You should be coming to us.
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Ranchers and Landowners Association of Texas
protects the property rights of all land owners.
If you own property, you should be a member.
Call 830-796-4750.
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House Doctor
Tom Fousek
Honey Do's
Decks • Ramps
Gutters • Siding
No Job Too Small!
Servicing Bandera, Medina, Vanderpool, Utopia & Leakey areas
830-796-5599
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BANDERA
Paint & Body
2692 HWY 16 S
Bandera
830-796-4004
• FREE ESTIMATES
• INSURANCE CLAIMS & PRIVATE PAY WELCOME
• AUTO GLASS REPLACEMENT
• ALL MAKES & MODELS, FOREIGN & DOMESTIC
• I-CAR CERTIFIED
• GM CERTIFIED
• FRAME & COLLISION REPAIR
• CUSTOM PAINT
OPEN M-F • 8-5
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NH Electric, Inc.
Residential & Commerical
Transfer Switches
Lighting & Surge Protectors
Code & Safety Electrical Inspection
New Construction
Service & Repairs
Free Estimates
Ask about our Senior Discount
142 Industrial Drive
Boerne
830-249-3927
SA Metro 830-816-2433
Cell 210-213-9056
MASTER CARD & VISA ACCEPTED
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Air Conditioning & Electric, LLC
Since 1980
830-796-4647
800-891-6278
Cell: 210-831-4361
New Construction
Sales & Service
Electrical Service & Installation
4110 St. Hwy 16 S
Bandera
Major Credit Cards
LIC#TACLB009099E TECL#18817
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Michael Glick
Insurance
Farmers
Registered Representative
Farmers Financial Solutions, LLC
116 N Plant Ave.
Boerne
(830)796-4442
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A Touch of Class Catering
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Wedding Receptions
Intimate Dinners
Private Parties
Corporate Meetings
Over 30 years experience
Cakes by Dan
830-796-9223
Specializing in custom cakes and full service catering
www.cakesbydan.com
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Stein's of Bandera
Pick up location for
Lemon Tree Cleaners
Next Day Service
Professional dry cleaning
laundry • leather
alterations
M-F 8 am-5 pm
Sat till noon
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KM Auto Sales
Bandera's #1 Used Car Source
830-460-7660
866-858-7660
2018 HWY 16 N
(1 mile N of Bandera)
In-House Financing & Warranties available up to 4 years.
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Cow Creek
Gifts, Engraving, Photo Processing
Film Developing ¥ Digital Processing • Laser Engraving ¥ Plaques & Trophies • Bling-Bling Shirts ¥ Banners • Vinyl Window Decals • Case Knives & Engraving
414 Main Street ¥ Bandera Texas
Email: allen1013@sbcglobal.net
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CS Enterprises
Site Work, Roads, Land Clearing, Tanks, Dams, Hauling, Trenching
Eco Friendly
No Job Too Large or Too Small
830-486-8230
Bandera
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DKL Enterprises
Bandera Outdoor Power Equipment, LLC
Parts • Sales
Service
Briggs & Stratton • Tecumseh • Kohler • Poulan • MTD • Shindaiwa • Redmax • ATV • Mules
272 Old Medina Hwy
Bandera
830-796-7456
800-796-7127
www.dougsmower.com
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Dan's Window Rangers
We specialize in Window Washing
Pressure Washing
Screen Cleaning
Dan's Window Rangers
Free Estimates
830-796-9222
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Country Puppy
Dog Grooming Saloon
2046 Hwy. 16 N
Bandera
Tues-Sat
Appointments
830-796-8004
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Denise's Critter Care & More
Bonded & Insured
Professional Services in your home
Less stress for your pet!
Denise McPartland
Member of Pet Sitters International
E-mail: dcrittercare@aol.com
830-370-7772
830-796-3852
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Bandera County has a serious stray animal problem.
Do your part to help those who are helping the situation!
Cowboy Capital Pet Assistance League
830-510-6879
Animal Welfare Society of Bandera County
830-751-2886 (dogs)
830-751-2595 (cats)
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Dominick's Painting
and Paper Hanging
Mildew Removal
Water Blasting
Interior/Exterior
Service & Repairs
988 Cypress Park Lane
Pipe Creeek
830-510-4910
Cell 830-688-1477
Email: dompaint@wildblue.net
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For God and Country
A Christian and Veteran Gift Shop
(830)796-9880
Shields of Strength
Military styled ID tags (Dog Tags)
Available in sports, military, police, firefighter, medic alert and veteran styles.
Authorized for wear with military uniform.
Available to be customized for your church or unit.
Ask for free brochure on history of Shields of Strength.
10AM to 6PM TUE-SAT
1310 Mulberry, Bandera
Side Street Behind Post Office
God Bless America and God Bless Texas
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Hill Country
Animal League
Spay/Neuter Assistance is now available at our new office at 924 N. Main in Boerne. Hours are Tuesday through Friday from 9-5 and Saturday from 10-3. Call us at 830-249-2341 for more information.
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Jet Concrete
Commercial
Residential
Insured for your protection
Slabs • Driveways • Retaining Walls • Dams • Bridges • Low Water Crossings
Jason Laskowski
PO Box 3099 Bandera
(830)688-1174
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Cowboy CAD
Drafting & Design Service
TW (Tim) Churchman
(830)796-8350
Over 20 years experience in the drafting field
From Sketch to Construction
3997 Hiwy 16 South
Scott Asher Design Center
Bandera
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Tree Trimming
Bandera, Flying L Ranch, Tarpley & Medina Areas
Call Larry
830-796-5515
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