Skip to content

Is proposed smoking ban an example of the tyranny of the majority?

generic_smoking_ban300By JIM BROOKS
Nelson County Gazette

Monday, Feb. 22, 2010 – I wasn’t surprised recently to read that my liberal friends on the editorial board of the local newspaper support a smoking ban now being considered by Bardstown City Council.  Editorial boards tend to rally for “causes” they believe as a group will be progressive, save lives and improve public health — admittedly, all admirable goals.

The editorial states the obvious and warns of the dangers of secondhand smoke to those who breathe it. But it also fails to point out the ban falls short of protecting public health to the degree its supporters (and the editorial board) would like to have others believe. Why? Because the vast majority of public places in Bardstown are already smoke-free.

Had such a ban been proposed 20 years ago, I would have probably been in favor of it. Cigarette smoking was the rule rather than the exception. My parents, both of whom were three-pack-a-day smokers, both died of smoking-related cancers. Living for 18 years in the same house, I know all too well the dangers of smoking and secondhand smoke.

Thanks to years of education about the dangers of smoking and changing public tastes, roughly 75 percent of public places in Bardstown are today smoke-free. The decision to go smoke-free has been left to property owners and business owners. The businesses who have gone smoke-free understand it was in their best interest to cater to their customers wants; that’s just good business.

The remaining businesses who allow smoking do so by their own choice. Why? If you look at the business owners who spoke at the recent public hearing, the reason is clear — their customers want a place to smoke. I think all of the businesses who had a representative speak were bars or restaurants with bars — both businesses that attract cigarette smokers.

At the hearing I heard the passionate supporters of the ban describe the hazards of smoking and secondhand smoke. Pediatricians, family doctors and the county schools superintendent all spoke about the impact of smoking on health — particularly its impact on our youth. Superintendent Dr. Jan Lantz implored the council to approve a smoking ban to protect the health of our future generations.

Hard arguments to refute. Or are they?

The truth that surfaced during the hearing was the true danger — and primary source of exposure — of secondhand smoke to youth does NOT come from the remaining businesses in Bardstown that allow customers to smoke. Youth exposure to secondhand smoke is primarily from parents and family members who smoke in the home and their cars. The ban would not affect smoking in those instances, nor protect our youth from secondhand smoke.

When you think of the businesses in town that permit smoking, I find it doubtful that the “epidemic of secondhand smoke” can be traced to our local youth crowding into bars and restaurants where they suffer its effects. But those businesses are the ones who will lose the right to allow their patrons to smoke if the council approves the ban.

So why the push for a ban? Because a special interest group decided to target the city of Bardstown after failing nearly two years ago to get a countywide smoking ban. Without the push by the members of this special interest group, there would be no ban discussed.

The council has much to consider: Do the members of the special interest group really speak for the majority of Bardstown citizens? With most businesses already smoke-free, is the ban just a “feel good” measure, a badge of honor so the city can promote its own progressiveness? What about the rights of those who smoke, as well as the right of the business owners to determine if they will allow smoking?

At the beginning of the public hearing about the smoking ban, a gentleman brought to the council’s table a large glass bowl and set it before Mayor Dick Heaton. The bowl was empty; however the sides of the bowl were coated with a milky translucent coating of some sort. When the man later spoke, the bowl helped him make his point: With all of the environmental issues facing the city, there are bigger fish to fry than wrestling with a smoking ban. The glass bowl was his Exhibit A; days earlier the bowl had been filled with water from the City of Bardstown water treatment plant. The water evaporated, leaving behind the very visible deposits on the side and bottom of the glass bowl. The man suggested the council take  on existing water, sewer and air quality issues rather than focus on an issue of limited benefit.

So moving forward, the supporters of the ban all say they have science on their side; they can quote studies and research ad nauseum about smoking and its dangers. No one is arguing those facts. But what will a smoking ban accomplish? Other than giving a group of activists a “win,” just who are the winners here? The restaurants who fear they’ll lose business if they can’t offer their patrons one of the few remaining places to smoke? The city council, who will have bragging rights about how progressive they are?

The more important question may be identifying who the losers are if the council approves the ban. These include the business owners, who lose the right to set their own standards for acceptable behavior (at least regarding smoking); the smokers, who are have the right to smoke in public stripped from them; and lastly, the citizens of Bardstown. A ban on any behavior that is legal, using a legal product lawfully — in the name of  “everyone’s health” — forces the smoking minority to submit to the tyranny of the majority.

As a non-smoker, I do not knowingly go to a restaurant that allows smoking. That’s my choice, and that’s the choice of everyone who wishes not to be around smokers. The proposed ban doesn’t improve the freedom we have as individuals to make our own choices; it only penalizes those whose lifestyle is not approved by a special interest group.

For the Bardstown City Council, the unmentioned elephant in the room is the fact they are considering this ban in an election year. The office of mayor and all six council seats will be on the November ballot. Will those on the council who support a ban find their political aspirations relegated to the ash can? Stay tuned ….

-30-

  • Share/Bookmark

Once a colonel, always a colonel – except on the May primary ballot

By JIM BROOKS
Nelson County Gazette

(Monday, Feb. 8, 2010, 10 p.m.) — Colonel Michael Masters, a Bardstown entrepreneur, chef, author, bourbon connoisseur, Southern hospitality expert colonelmastersand now, candidate for the office of county clerk, has released a letter regarding the use of his title and its placement on the May primary ballot.

Masters — who has for years been the local personification of a gracious Kentucky Colonel and author of books and articles on Southern-style hospitality and dining — used his usual styling of his name on his candidate filing paperwork: Colonel Michael Masters.

While Masters is indeed well-known in Nelson County and Kentucky by this name, how his nickname is placed on the ballot is carefully spelled out by state law (see my earlier entry on this issue by clicking here). According to state law, nicknames must be placed in quotations and positioned immediately before the candidate’s last name.

In his  letter to Nelson County Clerk Phyllis Mattingly, Masters points out he has been known as “Colonel” since publishing his book on Southern entertaining and hospitality in 2001. Masters writes that he is aware the decision on nicknames and how the names should appear on the ballot rests with the county clerk.

“I understand the proper form by Kentucky statute is: Michael “Colonel” Masters. I would be pleased to use that form of my name should you declare that to be the proper way to place it on the ballot.

“If you decide that I should not use my nickname that every one knows me by then I would be pleased to have my name presented on the ballot as: Michael Masters.”

The Gazette received Master’s letter after the close of business at the Nelson County Clerk’s office, so Mattingly’s decision on how Masters’ title of “colonel” will appear — or if it will appear — is unknown.

The state law regarding titles and nicknames is designed to prevent their use by a candidate wishing to seek an advantage in how their name appears on the election ballot.

To view Masters’ letter to Nelson County Clerk Phyllis Mattingly regarding the use of his title on the May primary election ballot, click the link below.

Colonel Michael Masters – Nelson County Clerk

-30-

  • Share/Bookmark

Can the ‘Colonel’ keep his rank on the primary ballot?

By JIM BROOKS
Nelson County Gazette

colonelmastersAs the faxes have poured into the Nelson County Gazette newsroom, one candidate’s filing caught my eye in my large stack of faxes: That of Kentucky Colonel Michael E. Masters, who is one of 12 Democrats running for the office of Nelson County clerk.

For a number of years now, Masters has placed the title “Colonel” ahead of his name. Several years ago he successfully published a book about his take on Southern hospitality and entertaining Kentucky-style, and has also successfully played the part of the mythical Kentucky Colonel, formally adopting the honorary title that many of us Kentuckians have been given as part of the Honorable Order of Kentucky Colonels.

But can the Colonel keep his rank when his name appears on the May primary ballot?

In his filing for office, Masters states he wants his name to appear on the May ballot as “Colonel Michael Masters.” This falls under the 25-character limit for ballot names, but does it run afoul of Kentucky law? For guidance, let’s check KRS 118.129, which addresses how the name of a candidate for office may appear on a ballot.

KRS 118.129 section (2) states that:

A candidate’s nickname which is found to be, in the discretion of the Secretary of State or the county clerk, as appropriate, a title, rank, degree, job description, or spurious phrase shall be placed on the ballot only if it is the candidate’s bona fide nickname, generally used by acquaintances of the candidate in the county of residence to refer to the candidate, and if the nickname is acknowledged, by affidavit, under oath, by five (5) residents of the county in which the candidate resides, to be a bona fide nickname. The candidate shall also acknowledge, by affidavit under oath, that this is his bona fide nickname and is not being used to gain an advantage on the ballot.

For a nickname to appear on the ballot, it must both be in general use by the candidate’s acquaintances AND be acknowledged under oath by five residents of the county that the nickname is indeed the candidate’s nickname. The candidate is also required to acknowledge under oath that the nickname is a just a nickname and not a ploy to gain an advantage on the ballot.

The next section of KRS 118.129 deals with how a nickname should appear on the ballot:

(3) A nickname shall always appear set off in quotation marks and immediately before the last name. Periods shall follow all abbreviations or initials. Additional qualifiers following the last name, such as “Jr” or “III” shall not be separated from the last name by a comma and shall be followed by a period.

If Master’s title is deemed a nickname, state law says it should be indicated on the ballot in quotations immediately before his last name, i.e., Michael “Colonel” Masters.

If Masters has legally changed his name to “Colonel Michael Masters,” then the title no longer is a title but his legal name. And if he has changed his legal name, he did so in the name of promoting his business interests and not for a ballot advantage. But had he intended on trying to gain an advantage, Masters would not be the first candidate to pulls such a stunt.

That honor goes to Robert Mead, an accountant who ran for and won the office of state teasurer in 1987 and served during the administration of Gov. Wallace Wilkinson. Voters under the age of 40 may not remember this, but prior to running for office, Mead changed his legal name to “Robert Mead CPA” — a ploy that arguably gave him an advantage on the ballot: In a list of candidates, most voters would prefer a candidate who was qualified to serve as treasurer; and who would be more qualified than a certified public accountant? Was his tactic helpful? Mead won, and that’s all he needed to do.

Mead’s last political race was for state auditor in 1991. He lost in the May primary to a young man named Ben Chandler, who served as state auditor and attorney general before losing a gubernatorial race on his way to winning a seat representing Kentucky’s Sixth Congressional District.

But will the Colonel keep his rank when the May primary rolls around? Without knowing if his title is his legal name, the answer is a probable “yes.” The only question may be how it appears on the ballot. If “Colonel” is not part of his legal name but is deemed to be a nickname, state law requires it to be placed before his last name in quotation marks. Either way, Masters will retain his “rank” and therefore, his name recognition in the community.

-30-

  • Share/Bookmark

Gov. Steve Beshear just ‘can’t say no’ to expanded gambling …

By JIM BROOKS
Nelson County Gazette

Kentucky Gov. Steve Beshear just can’t say no to expanded gaming. In his budget address to the Kentucky General Assembly, he included revenue from expanded gaming legislation that hasn’t been approved nor is likely to gain approval. Is this the governor’s political version of football’s “Hail Mary” pass? Or is there some part of “no” that he doesn’t understand?

Beshear’s proposed budget included $780 million in revenue derived from expanded gambling at Kentucky’s horse tracks.

It is no secret that Gov. Beshear has long since given up being governor of the people of Kentucky, and become the governor for the gambling lobby. Beshear’s budget plan sounds like the work of a desperate man, clinging to a nearly impossible — even irrational –  dream of getting his promise of expanded gambling through the General Assembly. Even those in his own party were left shaking their heads after his budget address Tuesday night.

House Speaker Greg Stumbo (D-Prestonsburg) is quoted in the Herald-Leader saying “He’s built his budget on legislation that I assume he has been working on passing.  And we wish him the best of luck in doing that.”

On Wednesday House Democrats met to gauge support for Beshear’s gambling proposal; Stumbo reported there was no sentiment in the House in favor of Beshear’s plan.

In Wednesday’s Herald-Leader, state Rep. Mary Lou Marzian, D-Louisville, called the plan “delusional.”

I couldn’t agree more.

And as if made-to-order, the Gazette’s newsroom received the following Gov. Beshear-related parody of the catchy “I Cain’t Say No” from the musical Oklahoma! To listen to the parody, called  I’m Just A Governor Who Can’t Say No, click the music player below (there’s a few seconds of a music prelude before the verses begin).

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

For those who don’t want to hear the song, the lyrics follow below.

I’m Just A Governor Who Can’t Say No

By A. Nonymous (with apologies to Rodgers & Hammerstein)

I’m just a Governor who can’t say no
Gambling is my favorite thing,
With or without the people’s votes
I’m gonna hear those slots ring!

For a while I tried to build sympathy,
By overstating our financial woes.
But I found that voters don’t believe
An honest politician — heaven knows!

I’m just a Governor who can’t say no
I’ll keep on hammering this cause
More gambling will cure our money blahs
We don’t need to change the stinkin’ laws
I can’t say no!

Whatcha gonna do when lobbyists get chummy,
Start talking campaign money,
Whatcha gonna do?
Supposin’ that he says your support is necessary,
We’ll trash your adversary,
Whatcha gonna do?
Supposin’ that he says that you’re needed on the team
Ignore what your constituents say,
Whatcha gonna do when he talks that way?
Turn him away? Hell NO!

I’m just a Governor who can’t say no
My budget’s in a terrible fix
The racetracks are saying “C’mon let’s go!”
Just when David Williams said “Nix!”

When reporters try to talk to me,
I always tell them gaming lobby crap,
Because their friends fund campaigns for me
And they promise to fill up my budget gap!

I’m just a Governor who can’t say no,
I can’t be subtle or quaint
I ain’t the type whose a saint
Don’t expect me to be what I ain’t!
I can’t say NO!

-30-

  • Share/Bookmark

With a week left to file for office, where are the candidates?

By JIM BROOKS
Nelson County Gazette

editor400The deadline to file for political office looms large; the deadline is 8 days off — 4 p.m. Tuesday, Jan. 26. And the question I have is simple: Where are the candidates?

According to the Gazette’s records, there are a number of offices that have not yet had a single candidate file; in other instances, candidates are so far unopposed.

As of today, no one has filed for Nelson county clerk, surveyor or constable (due to liability concerns, the county government has a large bond requirement in place to discourage anyone from running for constable).

In other races, incumbents face no opposition: County Attorney John Kelley, PVA Barbara Tichenor and three of the county’s five magistrates (Bernard Ice, Sam Hutchins and Jerry Hahn) face no opposition.

Former WBRT owner Kenny Fogle recently penned a column regarding the fact that no candidate should win simply because they have no one willing to run against them. During our three years together on the radio as “Brooks & Ken,” this was one of those issues where we agreed: No one running for public office should win by default.

It happens all too often, though we have seen recently how an opposing candidate can make a difference.

Four years ago, longtime county coroner Sonny Greenwell announced he would not run for another term. Greenwell’s deputy coroner Field Houghlin filed for the office. But Danielle Chladek challenged Houghlin, and her entry into the race made it a true campaign. Rather than a default win for the sole candidate in what has typically been an uneventful race, the race for coroner required both candidates to address issues related to how the county coroner does business. Houghlin did not win by default, but actually had to appear on debates and on the radio to discuss issues brought up by his challenger.

I expect — and hope — to see a flurry of activity at the county clerk’s office when it reopens tomorrow for the final week of candidate filings. If you have a desire to serve, to make a difference in your community, I urge you to give filing for office serious consideration. Holding our elected official accountable also means challenging their right to keep their office.

One of the lessons I learned this past year as a member of Leadership Nelson County is that leadership is not a quality we are born with; leadership is a decision we make as individuals to get involved. Leadership comes from identifying a need and acting on the person conviction that you can make a difference.

Don’t wait for someone to ask or for anyone’s approval; you’ll never know the difference you can make until you take that first step.

-30-

  • Share/Bookmark

For small town newspapers, the Barbarians are already at the gate

By JIM BROOKS
Nelson County Gazette

Thursday, Dec. 31st, 6 p.m. — Like print journalist across the country, I am saddened to read that the publication known as “the bible of the newspaper industry” for more than 100 years is officially dead. Today, the staffers of Editor & Publisher cleaned out their desks, its operation shut down for the foreseeable future.

For parent company Nielsen Business Media, this was a business decision. For journalists like myself it was a sign of a much larger issue.

There’s no doubt in my mind that this was a true business decision on the part of Nielsen. The newspaper industry — particularly large metro dailies – continues to face hard economic times and declining advertising revenues. Even smalltown newspapers have frozen wages and hiring as well as instituted mandated days off without pay.

As readers, we’ve seen newspapers physically shrink in size as publishers seek to cut costs by reducing the amount of paper they use. Advertising-to-editorial copy ratios have permanently shifted to more ads than copy in an effort to have leaner, more profitable papers.

Newspapers’ classified ad sections — once a huge profit center for newspapers — have been gutted in some markets by online sources like eBay and Craig’s List.

It’s easy to repeat the mantra that has crossed my lips repeatedly for more than 15 years: “Newspapers just don’t get the Internet.”

In the early days, this was largely true.

Back in 1995, when the corporate parent of my newspaper was setting up some of its holdings as dial-up Internet Service Providers (ISPs), I was ecstatic. I had been a not-so-quiet lobbyist for entering the age of electronic media, and this ISP venture would be the county’s first local dial-up Internet access. It was admittedly a very progressive move for a newspaper company.

But the newspapers’ managers didn’t see it that way.

The business plan was for each newspaper to create a “brand” for its Internet business – a brand that would be tied directly to the newspaper. This would give it instant credibility that comes with being tied to a trusted name in the community — and what entity is more trusted than the local newspaper?

But at my newspaper managers were suspicious. Weren’t the majority of the news stories about that “Internet thing” always bad? Wasn’t it risky to tie the newspaper’s reputation to something so … unknown (and possibly sinister) as the Internet? The die was cast, and the decision made: Instead of branding the ISP business and making it its own (as did the other sites), the newspaper avoided mention of any relationship between it and the Internet business. Even the first newspaper ads for the service purposely failed to mention a connection with the newspaper. While corporate suits later squawked about it  –  and a disclaimer noting the relationship later added — it was indicative of things to come.

Management’s support for the ISP venture was tepid at best. An April 1996 WIRED magazine article that parodied a future issue of Time Magazine citing the death of the Internet (click here to read “The Great Web Wipeout”) didn’t help matters. The article caused a lot of worried murmuring among managers, who never understood it was satire or noticed the month of publication.

Like all new technologies, there’s a learning curve and a period where you wonder “what the heck can I do with this now?” Fifteen years later, newspaper managers and corporate suits certainly “get it,” and they understand the Unversal Truth: What has worked for decades to make money in the printed newspaper industry doesn’t translate directly to the Internet.

To be sure, advertising is still advertising and revenue is created from the sale of it, both in print and on a web site. And news is still news, and still in demand. With readership coming from outside the printed pages, the hunger for news has increased exponentially in the digital age. It’s easy to see that it isn’t journalism that’s been in decline the past few years, it’s the paper medium on which it is printed.

Newspapers still haven’t found a way to translate the newspaper business model into the digital age. The reason is simple – it isn’t possible. This may explain why so many newspapers treat their web site as an item to add value to the printed product.

Newspapers have been trying to determine how a web-based business can support the same management structure and business model that has worked for years in the printed newspaper industry, yet the answer remains elusive. Why? Because the long-established management structure isn’t needed in the age of digital newsgathering. Instead of trying to change the Web to fit their profit and organizational structure, the question newspapers should ask is: “How do we change our business structure to succeed in the digital age?”

Rather than adapt its business model, Nielsen simply discontinued Editor & Publisher. And while the printed magazine may no longer be worth continuing, there’s no question in its readers’ minds that news about the print journalism business will always be in demand. It is worth covering, and for the right group willing to drop the old print business paradigm, it may even be profitable.

Locally, the news media is in no real danger of going away. There will always be a demand for news. What really is at stake here isn’t the demand, but the provider. And unfortunately for the print newspaper industry, the Barbarians are at the gate.

One of the biggest threats to smalltown newspapers is a web site called Topix. Topix is a news aggregator that automatically collects news stories and displays the content on web sites targeting a specific community — like Bardstown. But the real power – and threat — of Topix isn’t just the newsgathering, it’s the community it is creating.

Topix reminds me of a biker bar I used to frequent in Jasper, Ind. It was a fairly wild and wooly place at times; you heard the damnedest rumors, most of which were rooted in fact. The forums on Topix are much the same, complete with the digital-age equivalent of barroom brawls, hair-pulling and shouting matches.

Topix is creating a name as a place to go online to find out what’s going on in the community. In Topix forums they don’t just discuss the recently published news, but also the news that’s just happened. With real-time online reporting and discussion of news by those who see it, the real threat to the print newspaper is the usurping of its entire news franchise.

As we enter the second decade of the 21st Century, it might be time for some bold thinking: It’s time to change the relationship between newspapers and their web sites. Instead of the web adding value to the print edition, it is time to put the web first, using the newspaper as a vehicle to add value to the online product.

It may sound like a far-fetched idea, but it would achieve two important goals: The first is to meet the needs of a growing community who find a printed newspaper no longer relevant to their lifestyle; the second is to restore the newspaper’s role as the news authority within the community.

-30-

  • Share/Bookmark

Opinion: Editorial judgment vs. the duty to inform the public

By JIM BROOKS
The Nelson County Gazette

Monday, 12:30 p.m. — After returning from an early appointment this morning, I fired up my web browser and started one of my daily news reading sessions. My first stop was to follow-up on an issue that the Gazette has been following for some time — the controversy surrounding 5th District Nelson County Magistrate Jerry Hahn and the care of the horses he had on his Wilkerson Road farm starting about two weeks ago.

The Internet has been buzzing about the story for more than a week. I started getting e-mails soon afterward, asking me to look into the story. Neither the newspaper or the local cable TV station were touching the story, and neither seemed willing to do so.

The photos and videos posted by local, reliable sources were compelling. The Gazette’s first story was posted Tuesday, Dec. 15th.

WBRT covered the story later in the week, featuring Hahn on the 11-noon program for an hour-long discussion with station manager Roth Stratton, and comments from animal control officer Jon Ryan.

The Kentucky Standard’s story was published in the Sunday, Dec. 20th edition, with a headline that (in my view) seemed to trivialize the controversy: “Hahn tries to rein in controversy”

One of the individuals concerned with the welfare of the horses provided photos to The Standard. The photo that inadvertently ran in the Sunday print edition was the wrong one; it was not a photo of one of the horses involved in the controversy. The individual left a comment on the Standard’s web site calling them out on the error, detailing how she had given permission for the paper to use four photos, not the one that was published.

Earlier today, the newspaper changed the photo accompanying the story on its web site — the photo was the same one published last week by The Nelson County Gazette showing horses in a barn lot and an aborted fetus laying dead in the mud. The photo is graphic, but it showed the reality of the conditions in the barn lot.

Here’s a side-by-side comparison of the photos. Below left, the newspaper web site photo; below right, the photo as published by The Nelson County Gazette.

standardhorse gazettehorse

While I don’t know this for certain, I believe I can reasonably conclude the photo was heavily cropped due to its graphic nature. Most newspapers have a standing though usually unwritten rule that they show no dead bodies in their paper (especially on the front page). The image of the dead horse fetus with its parent watching it as she dies is certainly graphic, but poignant. ( Dec. 21st, 11 p.m., NOTE: A sharp-eyed Gazette reader alerted me to the fact the newspaper *does* in fact run photos of dead animals — in the sports section. Every fall, the newspaper runs photos of youths and adults posed with a deer they have shot and killed. Point taken.)

This story has attracted a huge amount of interest, both locally and around the region. At last count, one of several  message threads on a popular internet discussion site had nearly 500 comments on the issue.

The newspaper swapped out the wrong photo with one cropped so heavily it lost its meaning — that the horses were in bad shape physically and overcrowded in that barn lot.

I understand the newspaper’s editorial decision; unfortunately few of those who notice the different photo on its web site — particularly those who are passionate about these animals — will probably understand why the newspaper cropped the photo so tightly. Taking in consideration the deliberate play on words in the headline, the paper’s apparent hesitancy to cover this story (which would give legitimacy to a story that started out on that darn Internet thing) and the intentional cropping job on the corrected photo, readers will likely assume the newspaper took the attitude that this whole thing was much ado about nothing. Cropping the photo alone makes it appear the paper is exhibiting bias in Hahn’s favor.

But is it bias? Probably not. The newspaper has its standards, and graphic photos are one of those areas where editors make the call based on their judgment. Agree or not, it is their call.

But agree or not, it is the reader’s call on why they believe the newspaper seemingly avoided this story as long as it did, and when it did cover it, created the impression of soft-peddling a story that involves an elected county official.

Perception is reality.  endblock

  • Share/Bookmark

Shootin’ from the hip: Why deep pockets and Jodie Haydon lost

By JIM BROOKS
The Nelson County Gazette

Sunday, Dec. 13, 2009, 6 p.m. – - With nearly a week to take in all the post-election watercooler talk and speculation from my fellow political pundits, your editor has decided to draft my observations on why Jodie Haydon lost his bid for the 14th state Senate seat last Tuesday.editor400

The simple answer is that state Rep. Jimmy Higdon outpaced Jodie in all but Nelson County, losing to Haydon by a mere 858 votes on his home turf. On last Friday night’s broadcast of “Comment on Kentucky,” C-J political writer Joe Gerth had it right — the reasons Haydon lost are complicated. How could the candidate who outspent his opponent nearly 3-to-1 lose? Below, in no particularly order, are my observations. For more discussion, don’t miss “Brooks & Company” Tuesday, Dec. 15th from 11 to Noon on WBRT AM 1320.

MISSED OPPORTUNITY/INCONSISTENT MESSAGE. Jodie Haydon hit the ground running with an excellent TV spot early in the 35-day campaign. In the ad he spoke about in tough times as a businessman you tighten your belt, and that state legislators should do so too. But in the balance of his campaign and media appearances, Haydon failed to really hammer this point across. In fact, he could have taken this issue away from his opponent had he really gone after it. But Haydon could not have done so without eroding support for expanded gambling. If he lobbied to cut state spending, how could he justify raising more revenue with gambling? As a strategy, he chose to forgo being a strong advocate of cutting the state budget, focusing instead on the need to raise more revenue. His campaign coffers show that he had thousands of dollars in support from the gambling lobby, and they were depending on him to support their issue. His statements were sometimes inconsistent; on my radio show he called himself a fiscal conservative, yet he did not support cuts to balance the budget.

WHERE’S THE GAMING? I think voters noticed that (at least in our TV/radio/media market) Haydon’s campaign ads were noticably devoid of any direct mention of expanded gaming. The truth is that in many ways, this special election was both a referendum on gaming and Gov. Steve Beshear’s not-so-secret moves to use his political power to try to change the balance of power in the state Senate.

HIS OWN WORST ENEMY. I can’t say that I was unbiased in this election, but even some of Haydon’s supporters had to wince at some of the things that came out of his mouth during the campaign.

TOP DOWN GOVERNMENT? During the first televised debate, Haydon told viewers that we need to govern “from the top down.” It didn’t matter to me which man said it, it was a statement that came across packed with arrogance, ignoring that in a democratic republic such as ours the power of those we elect comes from the consent of the governed. This quote surfaced in an ad against Haydon, which was exactly where I expected to hear it the second (and subsequent) times.

PRO-LIFE BLOW BACK. Haydon’s campaign blew it, plain and simple. There’s nothing in politics more devastating than having facts thrown in your face right before the election — facts that dispute the candidate’s statements on TV and in print.

Haydon’s debate accusation that Kentucky Right To Life withheld their endorsement of him solely because he’s a Democrat didn’t pass the smell test the night he said. An ad explaining why the group did not endorse him was subsequently published, and Haydon refused to comment to the newspaper on the specific legislation that Right To Life mentioned in their ad. Note to future candidates: You can’t vote with Pro-Choice Democrats and expect to be endorsed as a Pro Life candidate. When I saw Haydon’s campaign consultant being quoted, I knew they were already in major damage control mode. You can wave away questions from the media, but you can’t escape the truth. Haydon’s attempt to sway voters with his granddaughter’s preemie diaper in the second debate failed to sound convincing, especially in the light of the ads and media reports that followed the debate.

FAILURE TO GIVE OPPONENT DUE CREDIT. Jimmy Higdon’s campaign correctly stayed on message and targeted the main concerns the campaign’s polling indicated: jobs, affordable healthcare and education.

In a televised debate, Haydon challenged Higdon’s assertion that residents of the 14th District wanted to vote on expanded gambling. Haydon’s claim that people had lost faith in their government and wanted gambling rammed through without a vote of the people sounded like “we know what’s best” arrogance. Higdon stuck by his message and didn’t let Haydon’s challenge rattle him. The vote totals shows Higdon’s polling was indeed correct.

THIRD WORLD COUNTRY & CHICKENS. In one of the most bizarre moments in the first televised debate, Haydon gave an ominous warning about the potential impact the loss of the thoroughbred industry would have on Kentucky. As the camera zoomed in, Haydon warned that Kentucky would become “a Third World country.” Topping that remark, he continued by asking “Do you know what our No. 1 cash crop will be if that happens?” With emphatic gestures he answered his quesiton, “Chickens! Chickens!” Surely there was a better way to explain to voters the economic impact than to use the terms “Third World country” and “chickens.” In these tough economic times, does it make sense for any candidate to cry to voters that we need to save an industry – the self-described “Sport of Kings” — when it mostly caters to the elite and wealthy?

FOCUS ON GOVERNOR’S AGENDA. One of the biggest differences between the candidates during both televised debates was that Higdon’s focus stayed on constituents’ concerns, while Haydon’s focus was clearly on an agenda with expanded gambling as its primary goal. That agenda also included Haydon’s attacks on the Senate president; accusing the state GOP of a conspiracy to back standalone casinos and deny expanded gaming to the tracks; Haydon’s refusal to acknowledge the 14th District residents wanted to vote on expanded gambling; and Haydon’s overstatement of the need for expanded gambling at the state’s horse tracks. In the end, he began sounding like a lackey for Gov. Steve Beshear’s agenda.

Senator-elect Jimmy Higdon will defend his seat in less than a year, and all eyes will be watching to see if a challenger from the Democratic party comes out to give Higdon a run for his money.

While not in our district, the next race that will be worth watching will be the special election to fill Higdon’s 24th District state House seat. The Democrats may focus on that race in order to replace the Democratic seat the party lost last week in the 96th House District special election. Once Higdon is sworn-in on Dec. 16th, Gov. Steve Beshear will determine the date of the special election to fill Higdon’s seat.

With the next session of the General Assembly set to start in about a month, there will be no shortage of politics inside and outside of Frankfort.

-30-

  • Share/Bookmark

Higdon, Haydon talk slots, policy and taxes

With less than a week to go before the Dec. 8 special election to fill the 14th District state Senate seat, candidates Jodie Haydon and state Rep. Jimmy Higdon met on an unnamed television network to answer questions and trade barbs.

Expanded gaming surfaced as a topic, as well as the ads that have been filling mailboxes, newspapers and airwaves across Nelson County.

State Rep. Jimmy Higdon said this election was larger that the two candidates because this is part of an effort by Gov. Steve Beshear to change control of the state Senate. Higdon said if the Senate control goes to the Democratic party, one-party rule would be the result.

Higdon said that current law allows legislators to take their retirement with them if they move to another job that offers state-funded retirement. It’s a perk that is a big incentive for legislators to take state jobs, he said.

As state representative, Jodie Haydon voted for HB 225 in 2001, which Higdon pointed out helped create the conditions now that allow for legislators to enjoy this perk.

Haydon told Higdon “I have no idea what you are talking about.”

Haydon attacked Senate President David Williams, calling him the one-party rule who controls state government. If elected he would work to balance Williams’ power. Haydon refuted statements that the governor was trying to influence control of the Senate by offering Republicans choice appointments. “No one is twisting their arms to take these jobs,” he said. “They don’t have to take it.”

Both candidates restated their opinions on expanded gaming, with Haydon in support of giving slots to the race tracks, and Higdon preferring to give Kentuckians the chance to vote on it.

When asked about some of the negative advertising surfacing in this campaign, Haydon disavowed knowledge of the “527″ groups who have been attacking Higdon with great fervor.

“The 527 groups, they’ve nailed me to a wall,” Higdon said. “They’ve taken an ounce of truth and created a 600-pound gorilla out of it.”

Haydon said his name was not on those ads; Higdon pointed out that the 527 group, Keep Our Jobs In Kentucky, was formed by racing interests to support candidates who favor expanded gaming at the tracks. These groups can accept unlimited donations to spend on issues ads that attack candidates that do not support their special interest. Additionally, Haydon’s campaign finance reports show he has received thousands of dollars in donations from the racing industry and track owners both inside and outside Kentucky. Additinally, Keep Our Jobs in Kentucky has purchased ads praising Haydon as a candidate.

Haydon denied the claim in one ad that he raised taxes while serving as state representative, and attacked Higdon for going negative in an ad published today. “You threw the first stone,” Haydon said.

In rebuttal to an ad that attacked Higdon for missing votes as state representative, an ad now highlights that Haydon missed more votes in two years than Higdon has in his seven years as a legislator.

When asked about the state budget, Higdon said the state – like businesses and families across the state – must tighten their belts and reduce spending. Higdon vowed that he would not vote for cuts in education, human services and public protection.

Haydon warned that he believes if expanded gaming fails the next budget cuts will come directly from education.

“If you think education is expensive, try ignorance,” he told viewers.

The two candidates had several lively exchanges, challenging each other’s statements.

Higdon said his polling showed that residents of the 14th District want to vote on expanded gaming.

“They don’t want to vote on it,” Haydon injected. “The people have given up on the state government.”

In his closing comments, Haydon pulled a tiny diaper from his pocket and told the story of his premature granddaughter who was so small the tiny diaper was too large. He told viewers that he’s pro-life, and said the reason the Kentucky Right To Life association did not give him an endorsement was simply because he is a Democrat.

Haydon said he filled out the same questionaire Higdon did. This writer has learned the endorsement was not offered based at least partly on his record while state representative.

Though Higdon mentioned the gambling lobby’s money pouring in to Haydon’s campaign, Haydon never responded. Higdon said he was going to Frankfort to represent the people and not the special interests groups that are supporting Haydon.

Haydon said that slots at the racetracks would provide $500 million in new revenue for the state, a figure Higdon disputed. The latest figures Higdon had seen placed the revenue figure at around $200 million, with the tracks getting approximately three times that amount.

Haydon said the state must address the issue of tax reform too. “This election is about progress,” he said.

“And I’ll bring that.” Higdon replied.

  • Share/Bookmark

Who won the first 14th District Senate candidate debate?

The candidates for the special election to fill the vacant 14th District state Senate seat met last night at the PLG-TV studio in Bardstown for the first of two scheduled debates.

Rep. Jimmy Higdon (R)

Rep. Jimmy Higdon (R)

Democrat Jodie Haydon and Republican state Rep. Jimmy Higdon of Lebanon squared off, responding to questions asked by a panel of Landmark Community Newspaper journalists. Other media were not invited to participate (its their sandbox, they make the rules).

A fellow student of politics and I have been discussing the debate since it ended Wednesday evening. His identity will remain anonymous, but this writer believes his observations are noteworthy, and I’ve incorporated much of his comments in mine.

Early in the 90-minute debate, Haydon implied that his opponent has been and will continue to be a “lapdog” for Senate President David Williams.

GAMING. If there was any doubt about this election serving as a referendum on expanded gaming, those doubts were quickily laid to rest. Haydon expressed his strong support for expanded gaming and other effortrs to increase revenue for the state budget.

Rep. Higdon explained his vote against Gov. Steve Beshear’s slots bill was because he believes the people of Kentucky should  have a voice in the decision, and they should be allowed to vote on this issue.

HAYDON FOR GAMING. Haydon repeatedly attacked Senate President Williams for refusing to allow legislation to move forward that would allow expanded gambling. “No doubt in my mind, we are about to make another (budget) cut. And that cut will come in education,” he said. The state has lost opportunity for needed revenues, he added.

Jodie Haydon (D)

Jodie Haydon (D)

He also suggested that the Senate Republicans were blocking slots at tracks as a favor to casino lobbying groups who wanted to keep gambling away from horse tracks. Haydon said Penn National Gaming, a casino and horse track owner/operator and investor, had spent $40 million in Ohio to keep gambling away from the horse tracks. Penn National owns at least one Ohio horse track, and is currently lobbying Ohio’s governor to approve slots at the state’s tracks.

SLOTS  UNCONSTITUTIONAL. Hidgon pointed out the slots at the tracks – referred to as VLTs, or Video Lottery Terminals – were unconstitutional. Higdon was critical of the proposed split on the revenue gaming would generate. “The original bill gave too much money to the race tracks and not enough money to the state.”

SLOTS vs. EDUCATION FUNDING. In a discussion on education funding, Hidgon said he had supported a measure that would have given $50 million to schools; however, after he voted against the gaming bill, the funding was cut from the bill.

Haydon noted he would not have let that happen. “I would have voted for the bill — just for my schools.”

Higdon highlighted his work in economic development efforts in his home county of Marion. With the sluggish economy and projected budget shortfall,  it will be  necessary to cut spending and eliminate waste.

STATE EMPLOYEE BENEFITS. When asked about increasing state employees’ contributions to their own health insurance, Haydon said he would not support that as a cost-cutting move. The state should move ahead on expanded gaming instead, he said, citing opinions by two Attorneys General. Higdon disagreed that expanded gaming was the answer, and that the AG opinions were just that, opinions.

Haydon scored points in the debate at the end of the exchange, saying he was all for cutting spending, but added,“You might ask some of those folks that have been cut (from state jobs) and are looking for jobs.

“I don’t think anything is going to change in Frankfort until we change some of those faces in Frankfort,” he said.

CHICKENS? Near the end of the debate, Hawydon warned viewers of the consequences of the state not allowing tracks to have slots.

If Kentucky loses what Haydon called its “No. 1 signature industry,” the state could wind up a third-world country.

“Do you know what would replace the thoroughbred horse industry as our No. 1 cash crop?” Haydon asked. “Chickens!” he said “Chickens! The Third World is where we are balancing today if we don’t find a way to take our state by the ears and pull it into the next century.”

Hidgon noted he had worked on another of Kentucky’s signature industries: Bourbon. He helped lead an effort against legislation to place additional taxes on bourbon. That effort was unsuccessful.

In his closing statement, Higdon warned that giving the Democratic Party control of both the Kentucky House and Senate was not in the state’s best interest.

“Right now we have a two-party system in Frankfort,” he said. “The single worst thing we could do is have one part in charge of the Governor’s Mansion, the House of Representatives and the Senate. We’ve seen that happen on the national scene, and I think Kentucky deserves a strong two-party system.”

Higdon promised open and honest government. “People don’t want to see us raise taxes, they want us to cut wasteful spending,” he said. “I ask that people look at my record of serving the people of my district these past seven years.”

Haydon told viewers that he wanted to improve the state and asked for their support in his bid for the Senate seat.

“The issues are tough today,” he said. “It’s all about the money, or the lack of money. I ask for your support to take back our government.”

-30-

  • Share/Bookmark