

October 23, 2008 Volume 4, Number 42
In This Issue McDonald’s Changes Policy Gambling Recap Election of Judges A Little Bit of Humor… Contact Me *Representative* *Cynthia Davis* 19^th District *Majority Floor Whip* Missouri State Capitol Room 112 201 W. Capitol Ave. Jefferson City, MO 65101 Phone: 573-751-9768 Website http://www.cynthiadavis.net/ E-Mail cynthia.davis@house.mo.gov Committees Interim Committee on Poverty *Chair* Health Care Policy *Vice Chair* Family Services *Vice Chair* Elections State Links State of Missouri *Official Homepage for Missouri State Government* Missouri General Assembly *Official Government Homepage for your Missouri Senator and Representative* House of Representatives *Look up Missouri House Bills – View Entire Text, Summary, and Last Action* Missouri State Senate *Look up Missouri Senate Bills* Attorney General's Office *Consumer Complaints & Fraudulent Activity, No-Call List* Local Links St. Charles County Government City of O'Fallon City of Dardenne Prairie City of St. Peters City of Wentzville City of St. Charles Federal Links Congressman Todd Akin Congressman Kenny Hulshof Senator Kit Bond Senator Claire McCaskill Other Links Missouri State Constitution Missouri State Jobs			Three Cheers for McDonald’s In September, when I sent out my Capitol Report that included photos of the McDonald’s ribbon cutting, some of my readers wrote me asking how I could support this organization because of its corporate support for homosexuality. I am happy to report that McDonald’s has now changed its position, and we should all celebrate by letting the corporate office know we appreciate its new commitment to stay neutral. Here is the final word from American Family Association (AFA): Great news! Because of AFA supporters like you, McDonald’s has told AFA it will remain neutral in the culture war regarding homosexual marriage. AFA is ending the boycott of McDonald’s. As you know, AFA called for the boycott in May after McDonald’s joined the National Gay and Lesbian Chamber of Commerce (NGLCC). McDonald’s said its Vice President, Richard Ellis, has resigned his position on the board of directors of NGLCC and his seat on the board will not be replaced. McDonald’s also said that the company has no plans to renew its membership in NGLCC when it expires in December. In an e-mail to McDonald’s franchised owners, the company said, “It is our policy to not be involved in political and social issues. McDonald’s remains neutral on same-sex marriage or any ‘homosexual agenda’ as defined by the American Family Association.” We appreciate the decision by McDonald’s to no longer support political activity by homosexual activist organizations. You might want to thank your local McDonald’s manager. Ballot Issue Recap Proposition A: Gambling Because so many of you wrote me last week asking about Proposition A, it warrants a recap. In short, Proposition A is based on bad economics. How can the casinos start with a finite amount of money, shuffle it around, prey on the poor and elderly, and then sell it to us as something good for our schools? Proposition A is bad for children, bad for the economy, and bad for crime prevention, and it is no bargain for our state. To the contrary, it is going to cause far more harm than benefit. Currently you can lose your entire paycheck in one night, but if Proposition A passes, you can lose your house, your retirement savings, and everything you have worked for all of your life. The taxpayers will have to pick up the tab when an individual goes broke gambling and becomes destitute. Excessive gambling opportunities encourage irresponsibility and dependence on government. The state will lose control over the “bad actors,” felons and mobsters who will be attracted to our state to launder their drug money. It is unlikely that any of the new money sent to the state will come back to the schools in our part of Missouri. In case you missed my complete analysis last week, you can click here: Gambling With Our Prosperity. A website that is committed to just the facts about Proposition A is: Casino Watch In addition, last Sunday, the St. Louis Post Dispatch wrote: There is nothing painless about the human cost of gambling. Several academic studies have found higher bankruptcy rates in areas with casinos. Other studies have linked gambling with suicide. A study of members of Gamblers Anonymous found that 13 percent had tried to kill themselves and as many as 50 percent said they had thought about it. A 2006 study commissioned by the state of California concluded that 3.7 percent of the population become problem or pathological gamblers at some point in their lives. This editorial page long has held that the social damage caused by gambling outweighs its contribution to state revenues — even in Missouri, which chronically underfunds its schools. The loss limit is a safety net protecting compulsive gamblers from their own folly. Voters should reject Proposition A. Here is a link to the full article: Vote No on Proposition A. Here is a link to a letter published in the St. Louis Post-Dispatch: Gambling Industry Offers Only a Poisoned Apple. If you are interested in the history of gambling in Missouri, here is some very thorough background: Missouri Gaming Commission In last week’s Capitol Report, I published information on the Amendment 1, Amendment 2, and Propositions B and C. Here is a link to that edition: Upcoming Ballot Issues. "Here Com es da Judge" Last week, some of my readers requested information about judges that will be on the November ballot. Finding information on judges is always difficult because they do not campaign, have web sites, or take positions on issues. All we can do is to look at cases they have judged to catch a glimpse of what to expect. Below is some information that I was able to locate that may offer some insights into each candidate’s judicial philosophy. Patricia Breckenridge Ruling on Missouri’s Midwifery Law: In 2007, HB818 was passed into law by the Missouri Legislature. It contained provisions legalizing the practice of “tocology” (midwifery) and was challenged by physician’s associations regarding the constitutional validity of the provision legalizing midwifery. In a 5-2 decision written by Judge Stephen N. Limbaugh, Jr., the Supreme Court of Missouri held that these associations do not have standing to bring such a challenge and, therefore, the Court cannot reach the constitutional issues they raise. Judge William Ray Price, Jr. dissents. He would hold that the physician associations have standing, that the inclusion of the midwifery provision in the bill violates the clear title and single subject requirements of the state constitution and, therefore, that the unconstitutional midwifery provision should be severed from the rest of the bill. Judge Breckenridge concurs in opinion of Judge Price. (Front Line, fall, 2008.) Here are links to additional newspaper articles: Blunt Selects Breckenridge Conservative’s Viewpoint Robert G. Dowd, Jr. I could find very little on Judge Dowd. He was appointed to the Court of Appeals in 1994 by Governor Mel Carnahan, retained in 1996, and was a Chief judge in 1998-1999 (Front Line, fall, 2008). Kurt Odenwald Smoking Ban Proposal: While Judge Odenwald was on the St. Louis County Council, he proposed a bill that would outlaw indoor smoking for the entire county. However, after substantial resistance, he offered a new proposal that would include exemptions for small bars, bowling alleys, Harrah’s Casino and Lambert Field. (Taken from the St. Louis Post-Dispatch, May 19, 2005, and printed in Front Line, fall, 2008.) Roy L. Richter Eminent Domain Case: The Missouri Court of Appeals said a St. Louis circuit judge was right when she condemned a piece of property, located at the intersection of Sarah Street and Duncan Avenue, for the life sciences business park planned by a group named Cortex. This now allows the group to take the property by eminent domain. The city property meets the statutory definition of a blighted area because it has become a social liability, the court said. Judge Clifford H. Ahrens, writing for the unanimous panel, listed the “significant evidence” of blight in the area: “retaining walls in disrepair, cracked and deteriorating sidewalks and streets, ponding water in deteriorating parking lots, razor wire, and rusty and broken windows and frames.” Judge Roy Richter concurred with Ahrens’ opinion. (Taken from the St. Louis Daily Record, June 25, 2008, and printed in Front Line, fall, 2008.) On a side note, voters almost always vote to retain incumbent judges. Do not let that discourage you from voting your conscience. The retention question is a very important part of our ability to have some say about who we keep. It also provides some level of accountability as well as humility for incumbent judges. *Your thoughts are important to me, so please let me know what you think about the election of judges. You can send me your opinion by clicking here: Cynthia Davis. A Little Bit of Humor… A family law attorney telephoned the governor just after midnight, insisting that he talk to him regarding a matter of utmost urgency. An aide eventually agreed to wake up the governor. "So, what is it?" grumbled the governor. "Judge Garber has just died" said the attorney, "and I want to take his place." Replied the governor "Well, it’s OK with me if it’s OK with the undertaker." This Capitol Report is a weekly newsletter by Representative Cynthia Davis*, from the 19^th District, covering events in the Missouri Legislature and district-wide issues. J If you know of anyone else who would like to receive my Capitol Report, please send an e-mail to Cynthia.Davis@house.mo.gov with the person’s name and e-mail address. We’ll add them to the list. L If you would like to stop receiving the Capitol Report, email us at Cynthia.Davis@house.mo.gov with “unsubscribe” in the subject line.