April 20, 2011

Freedom of speech stops at the border, inbound

There’s the case of Bryan Gonzales, a border guard with the U.S. Customs and Border Protection. Correction, former border guard. Mr. Gonzales was fired for expressing an opinion.


In April 2009, the 26-year-old Gonzales told another agent that he thought legalizing drugs would end the prohibition-caused violence inMexico, where an estimated 35,000 people have been killed since 2006 when that country’s military was enlisted to enforceU.S. drug prohibition.


While the other agent, Shawn Montoya and Mr. Gonzales strongly disagreed, that lone conversation was the end of it until Gonzales was called to the regional office inEl Paso,Texas. It seems a third officer learned of the conversation and reported it to theBorder Patrol’s Office of Internal Affairs.


According to a suit filed by Gonzales, he was asked if he was either a socialist or someone who wanted to take over the country. In September of that year, he was fired. The termination letter said his views conflicted with the border service’s values of “patriotism, dedication, and esprit de corps.”


Perhaps Border Patrol supervisors should be reminded that patriotism does not mean blind obedience to laws that one thinks are unjust, ill-conceived, dangerous or unconstitutional. Indeed, dissent is the highest form of patriotism. They should also be reminded that they took an oath to uphold the Constitution and that freedom of speech is guaranteed.


The conversation that led to the arrest was private. Agent Gonzales did not attend an anti-prohibition rally and give a speech while in uniform. All he did was express his opinion to a colleague.


There was nothing wrong in what he did. Indeed, many people, including current and former colleagues, drug agents, law enforcement officers, prosecutors and judges who formed a group called LEAP, Law Enforcement Against Prohibition, share his opinion.


One former Border Patrol agent and now a member of LEAP is Terry Nelson who said agents should be encouraged to speak their minds. Disagreeing with draconian drug laws does not mean an agent can’t patrol the border looking for people entering the country illegally.


Drug prohibition has led to this country having the highest per capita rate of incarceration of any nation in the “civilized” world. It has eroded a variety of civil liberties including Fourth and Fifth Amendment guarantees. Now apparently, First Amendment guarantees are under assault as well.


Prohibition of alcohol caused more problems in the 1920s than alcohol itself did. It led to disrespect for the law and thugs, such as Al Capone, accruing more power than they could ever have had if there had been no laws interfering with what an adult consumes.


Agent Gonzales is correct. Ending the war on drugs will save lives. It just won’t bring back the tens of thousands who have already died.


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Police Log April 21



• Pennsylvania State Police from the Avondale barracks recovered a stolen vehicle on Cossart Road in Pennsbury Township on April 15. No further information is being released because of an ongoing investigation.


• A 17-year-old from Wilmington was charged following an April 12 accident on Fairville Road in Pennsbury Township. Police said the youth was driving too fast when he failed to negotiate a curve, slid into the oncoming lane and sideswiped another vehicle. No injuries were reported.

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Rep. Chris Ross: No Budging on State Budget Cuts



State Rep. Chris Ross, R-158, of East Marlborough, said there was no negotiation about the state budget total expenditures, but that this was a good time to relax regulations so that schools could get the best use of reduced funding this year.



The Liaison and Communication Committee, chaired by Douglas B. Stirling, invited Ross to talk with Kennett Consolidated School District board members about the impact of state reductions on local districts. Unionville Chadds Ford Board members were invited to the meeting, but none were in attendance.



Gov. Tom Corbett’s pledge for no new taxes remains constant as the state struggles to produce a balanced budget. Ross said the cuts everywhere particularly in higher education were dramatic, but the only way to reduce the cuts is to find other programs to cut. House legislators are looking at ways to save money in the welfare system.



One regulation being considered in Harrisburg is changing the formula for state funding to school districts. The “hold harmless” formulation used now does not reduce funding when student populations decrease. A formula that more directly reflects the number of students in a district is being considered, Ross said.



Ross said he believes that the right to strike should not be at the negotiating table. He would like to “fix arbitration” moving toward a more effective “assisted mediation.”



Another problematic regulation is the Right-to-know which costs the district $50,000. Ross believes that administrative costs should be fully recoverable with fees to the person making the request.



To the question of economic furlough, Ross said that “Permanent tenure is wrong.” What is needed is a way to have staffing be flexible and fair. Ross said the need for performance evaluation and continuing relevant education. Many present expressed difficulty in moving forward with those initiatives with declining funds.



Kennett School Superintendent Barry Thomasetti said that the diversity in KCSD, such as English as a second lanquage, costs money. Ross noted that the impact of budget cuts on the school districts varies in his legislative district, and that those costs such as ESL are considered in apportioning funding. UCFSD is affected by cuts less than KCSD. The Coatesville Area School District is affected more than KCSD.



Ross is concerned that charter schools don’t have accountability. He thinks that Cyber Charter Schools might be best be regulated at the state level.



Stirling asked about the Senate Bill 1 and vouchers for student in failed schools. Ross is against vouchers and said that the effort should be in fixing the failed schools. Again, accountability is an issue of tax dollars going out in vouchers, he said.



When asked about getting money from Marcellus Shale, Ross said that new taxes are off the table for the moment. He added that if there were some kind of fee levied, the funds would probably go to support infrastructure and remediation in the areas with the shale.



Director of Business Administration, Mark Tracy, asked that the budget cycles from the state be moved earlier so that the district has time to make adjustments in its own budget.



Assessing the prospects for future years, Ross said “Revenues have stabilized and are starting to come back.” Once this year’s budget is finalized, more work must be done on the pension fund.


About Emily Myers

Emily Myers has lived and worked in Chadds Ford for over thirty five years.  She founded the parent company of Chadds Ford Live, Decision Design Research, Inc., in 1982.  ChaddsFordLive.com represents the confluence of Myers' long time, deep involvement in technology and community. Myers was a founding member of the Chadds Ford Business Association and currently serves on its board of directors.  Her hobbies include bridge, golf, photography and Tai Chi. She lives with her husband, Jim Lebedda, in Chadds Ford Township.

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Susan Penny Brown of Avondale

Susan Penny Brown, 49, of Avondale, died on Palm Sunday, April 17, 2011 at Select Specialty Hospital in Wilmington. A lifelong resident of Avondale, she was the wife of Mike Brown with whom she shared 25 years of marriage.


In addition to her husband, she is survived by one son, Michael Brown; one daughter, Ashley Nicole Brown; one grandson, Alex Guzman; father, William L. Wilson, step-mother, Janice Wilson; brother, Billy Wilson; sister, Judy Wilson Casenta; also her extended family Nancy Anderson, Allen Miles, Jerry Price, Linda Pastorius, Edward Price, and Christine Rickabaugh.


You are invited to visit with the family from 6-7 p.m. on Thursday, April 21, at Kennett Square Missionary Baptist Church, 408 Bayard Road, Kennett Square, where her memorial service will follow 7 p.m.


Arrangements are being handled by Cleveland & Grieco Funeral Home, Avondale, 610-268-2166.

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