Paranoid?

02/25/02 Or just sure the City Attorney is in league with the Sex Clubs?

If the City Attorney were a baseball team manager who continued to send in her "C" team players against the Yankees with the expected disastrous results, the team General Manager would be sending the manager packing.

It's time for Madeleine Johnson to go.

Randy Staff is not a mild mannered man who goes along to get along. He is a hard hitting, hard talking business man who has spent a ton of money trying to protect his bank from the effects of the sex clubs on Northwest Highway. Until recently, he thought the City Attorney's office was losing cases against the sex clubs because the Assistant City Attorneys were just outmatched and out-resourced for hearings related to sex clubs in the Bachman-Northwest Highway area. Now, Randy Staff is convinced there's a planned conspiracy at City Hall to keep Bachman-Northwest Hwy. as the city's red light district.

When I sued the city to try to stop the illegal tax abatement for the Hicks/Perot arena area, my lawyer and I showed up for the Motion to Dismiss hearing. City Atty. Johnson sent a team of 6 lawyers, including the Robber Barons' Concierge, Ray Hutchinson (the Senator's husband) and 2 other Vinson & Elkins lawyers. From Scared in Dallas:

The SIX LAWYERS who defended the city against this common citizen may have won today?s battle. They may not have won the war. They are accustomed to dealing with people for whom money is everything. There is some freedom in not being wealthy. Their threats to hit me with their bloated attorney fees concern me, but they don?t scare me.

Do you know what scares me? I'm scared because Dallas citizens have no place to go for peaceful, legal redress of their issues. We know we can?t go to City Hall -- they are the ones doing us wrong. We apparently can't go to our district courts for justice.

When there's a chance a citizen might prevail against clearly illegal action by the city council, CA Johnson send an army to defend the rights of robber barons to divert Dallas taxpayers' money. To defend the rights of legitimate Bachman-NW Hwy. businesses and residents against sex club owners, CA Johnson sends in an outmatched and out-resourced Asst. City Attorney who blew the case before the Permit and License Appeal Board (PLA).

We will get back to the PLA hearing, but Linda Neel sent the following notice regarding yet another Board of Adjustment hearing for Burch Management' Baby Dolls and Fare West to have 19 YEARS TO AMORTIZE THEIR INVESTMENT in their Bachman-NW Hwy location:

Feb 20, 2002 - Short version of long story . . .

As a result of the SOB Ordinance passed in May, 1997, the Fare West and Baby Dolls were given amortization hearings by the Board of Adjustment to determine how long they could continue to operate in order to recover their investment costs.

That period came and went. Burch Management filed suit in Federal Court, contesting the constitutionality of the City of Dallas Sexually Oriented Business (SOB) Ordinance. Judge Jerry Buchmeyer ruled the Ordinance is constitutional and gave them until November 2, 2000, to come into compliance (relocate), but they could request an extension if they could not recoup actual investment by that time. The Board of Adjustment determined Fare West and Baby Dolls already had their amortization hearings and did not give them additional time.

Burch Management appealed that decision. State Court Judge David Evans (a Republican) reinterpreted Judge Buchmeyer's ruling, stating that additional Board of Adjustment hearings were intended to be given. On 12/14/01, Judge Buchmeyer clarified his Final Judgment, ordering the Board of Adjustment to provide additional hearings for Baby Dolls and Fare West to determine whether they are entitled to further amortization beyond Nov 2, 2000.

So, a new Board of Adjustment hearing has been scheduled for Fare West on Feb 21, 2002, at 1:00 pm in Council Chambers. The Baby Dolls hearing is scheduled for April 15, 2002.

Fare West has requested an additional nineteen (19) years to recover investment costs. NINETEEN YEARS!!

We believe the City will show they have already more than recovered investment costs incurred prior to the zoning change. Any Investments after the zoning change should not be considered. The success of our Bachman Plan for redevelopment / revitalization lies in this decision. We cannot hope to attract new money or business to this area as long as these clubs are located here.

The public is invited to attend these hearings.

I scanned the DMN local stories for some report on this hearing, but could not find a single reference. The community's war on Bachman-NW Hwy sex clubs is so unimportant to Belo that they don't even mention it in their short-short list. But then, Belo does believe in promoting businesses that SERVICE THE TOURISTS -- what few we have left with the high-dollar tourist taxes we have in this town. If a tourist is seeking prostitution (fake or otherwise) and illegal drugs, any cab driver can drop him off at a Bachman-NW Hwy sex club and he's sure to score.

Something else happened on Friday, 2/21/02. There was a hearing before the city's Permit and License Appeal Board. An enraged Bachman warrior sent this report:

On Friday, 2/21/02, Baby Dolls Topless Saloon had a hearing before a 3-member panel of the Permit and License Appeal Board (PLAB) requesting they OVERTURN the Chief of Police?s denial of a Dance Hall license. Panel members were Roland Anderson (Rasansky appointee), Joe Davis, Jr. (Fantroy appointee) and Ralph Castro (Thornton-Reese appointee). Castro served as panel chair.

Asst. City Atty. Jason Schuette represented the City of Dallas and told the panel that Baby Dolls could not be granted a Dance Hall (DH) license without first obtaining a Specific Use Permit (SUP) because its location is zoned Community Retail (CR) and dance halls are not permitted in CR zoning without an SUP. Schuette also explained that on 2/7/02, Baby Dolls' SUP application as DENIED WITH PREJUDICE by the City Planning and Zoning Commission. Additionally, the Asst. City Atty. who advises the PLAB told the panel members the only issue to be addressed was if the Chief of Police had properly denied Baby Dolls? application for a Dance Hall license. Since CR zoning requires a SUP and Baby Dolls does not have a SUP, it was apparent the Chief of Police was required to deny their Dance Hall application. Since the Chief of Police had properly denied Baby Dolls? application for a Dance Hall license, the only legal and reasonable decision was for the panel to uphold the Chief of Police?s denial.

Unfortunately for the Bachman Lake/Northwest Highway Neighborhood, Fantroy's appointee, Joe Davis, Jr., and Thornton-Reese's appointee, Chairman Castro disregarded the law and the facts and voted to OVERTURN the Chief of Police?s legally mandated denial of Baby Dolls? Dance Hall application. Panel member Anderson (appointed by Rasansky) pleaded with Davis and Castro to comply with the law and follow the City Attorney?s advise to uphold the Chief of Police?s denial but to no avail.

During the hearing Davis stated "They [Baby Dolls] are trying to get their SUP, so I want to give them a chance!"

Chairman Ralph Castro, an experienced PLAB member said, "This is about getting a Dance Hall license, not about an SUP. They [Baby Dolls] have been dancing for years so give ?em the license. This area is all [illegally operating] clubs anyway."

This is not the first time PLAB members have ignored the law and facts and approved a license for Baby Dolls to operate in the Bachman Lake Neighborhood. In May, 2000, Baby Dolls was granted a Sexually Oriented Business (SOB) license over the objections of the neighborhood, the City Attorney?s office and the Chief of Police. In that hearing, Chairman Denny Brown (appointed by Walne) and another panel member (appointed by Miller) ignored the law and the facts and OVERTURNED the Chief of Police?s denial of Baby Dolls? application for a SOB license. A public outcry ensued and both panel members quickly resigned.

City Atty asks Bachman-NW: Was it good for you?

If you have ever seen their shabby clubs from NW Hwy, you can just imagine how many hours it would take to amortize their investment -- hours, not days, not months, not years, but hours.

Another club on NW Hwy is operating a Dance Hall in the old Steak & Ale building, La Guira. It is also in Community Retail (CR) zoning and cannot qualify for a Dance Hall license or an SUP. According to one Bachman-NW Hwy warrior:

You may remember Nick Rizzo from Old Al Lipscomb's problems. And they say crime doesn't pay?

Tell that to Old Al while he sits in the new wing of his house, watching his BIG SCREEN TV and holding court for supplicating politico's to seek his support for their political efforts. Tell that to Nick Rizzo, a confessed briber of a city councilman, who now has another business on NW Hwy after confessing to bribing Old Al. Tell that to Chief of Police Terrell Bolton as he holds on to his job despite his involvement with Old Al and Caligula Rizzo, despite costing the city Millions over his demotions of several experienced Police Commanders and despite letting almost 60 Mexican nationals rot in jail while he UNSUCCESSFULLY covered his large hiney.

It's time for Chief Bolton and City MisManager Ted Benavides to go. It's way past time for City Attorney Johnson to go.

Just as importantly, it's time for Maxine Thornton-Reese to go. She is holding her council seat despite a Court ruling there was rampant fraud in her election. If she had any integrity, any shred of decency, she would have stepped down and requested another election. She would not dare do that because there would be too much scrutiny on how elections are done in District 4 -- Ground Zero for Mail-In Ballot Vote Fraud in Dallas. If she were not on the council, her appointee to the License & Permit Board, Ralph Castro, would not have been there to abuse the residents and legitimate businesses along Bachman-NW Hwy. Using his logic:

Apparently, Ralph Castro has the same mind set as people who find no problem with illegal voting activities in South Dallas. State Rep. Terri Hodges proudly said she has been running her mail-in ballot scam for 20 years. Time doesn't make wrong doing right or legal. People have been running drugs in areas for years, but we don't stop trying to end that illegal activity. From time to time prostitutes land on Harry Hines Blvd. or other streets to ply their trade, but we don't stop trying to end that illegal activity. We finally got legislation in Austin to put their rears in a jail cell for a third conviction.

It's a crying shame we continually have to turn to Austin for new laws to control local problems that are so blatantly illegal most people are amazed to find out they go on. The Mayor's husband is going to have a lot on his plate in the next Legislative Session.

If I seem to be taking all this stuff up on Bachman-NW Hwy. a little too personal, there's a reason. After 26 years of living on the same block between Oak Lawn and Turtle Creek, I am buying a house in a lovely neighborhood just South of Walnut Hill -- which makes it just North of the sex clubs. This will no longer be an issue where I sympathize with the Bachman-NW Hwy warriors. By necessity, I'm going to have to enlist in their army.

Are you ready, Burch Management?

Which sort of brings me back to the issue of who the City Attorney represents? Until Dictator Con Jerk took the throne at City Hall, the City Attorney seemed to represent Dallas citizens. There were many times I disagreed with Sam Lindsley, but Madeleine Johnson's sole purpose as City Attorney appears to be to enhance our memory of Sam's days as City Attorney. Johnson is just awful. She is the most political City Attorney that I can recall, and I have a long memory. Worse, she's not very good at being political.

Why would Johnson send 3 Asst. City Attorneys, plus Ray Hutchinson and 2 of his high dollar associates, to block my efforts to reverse the second tax abatement the city (and the DISD) gave Hicks and Perot, but she sends a low level, incompetent and unprepared Asst. City Attorney to oppose Baby Dolls' Dance Hall permit? The answer is obvious.

The City Attorney is in league with the Sex Clubs and she needs to go.

sb