• Your property? Yeah, right, pal. I got friends who want it

    The headline: “Chicago Alderman Who Told Businessman to ‘Come Back To Me On Your Knees’ Sued for Abuse of Power (Reason’s Hit and Run blog)

    Chicago Alderman Proco Joe Moreno wanted to help a business [Double Door Music Hall] that had contributed to his campaign coffers. So he told Brian Strauss, a firefighter and property owner, to rent his building to the business or suffer the consequences. When Strauss refused to comply, Moreno made good on his threats, downzoning Strauss’s building and scuttling multiple attempts to sell the property.

    Strauss is now suing, arguing that Moreno’s abuses of his aldermanic powers violate Strauss’ rights under the Fifth and Fourteenth Amendments. –Reason blog

    The story Reason reports is grotesque.

    The key for outsiders to understand: Chicago alderman hold tremendous power to zone buildings within their ward. That power to zone translates, naturally, into campaign donations from people with zoning needs.

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    Strauss’ family has owned the building housing Double Door since the 1960s. It’s in a now-popular area. According to Strauss, Double Door had violated their lease and he wanted to evict them.

    That’s when Alderman Moreno, the recipient of campaign donations from Double Door, stepped in–with rage and power:

    “I’m tired of hearing about the sympathy of you and your family,” the alderman reportedly told Strauss and his attorney at one meeting. “Double Door is going to be in that building, there will never be another tenant in there, there will never be another sign on that building.”

    Over the coming months, Moreno—in meetings brokered and attended by staffers for Chicago Mayor Rahm Emanuel—tried to get Strauss to sell his building to Double Door for $7 million, despite its market value of nearly $10 million.

    When that failed, the alderman started introducing downzoning proposals for Strauss’s property that would have made it off limits for most business uses. In June 2017, Moreno even tried to reclassify the building as a residential unit, which would prohibit practically all commercial uses.

    That failed, but in September the city council did pass a downzoning ordinance, which prevents Strauss from converting his property to a general restaurant, a bar, or even, ironically, its previous use as concert venue.

    In a very public, and very disturbing, encounter with Strauss, Moreno made clear his zoning changes were all about extracting concessions.

    “You can come back to me on your knees, which is going to happen,” he raged. “It’s gonna be an empty building with no income for you or your family.” –Reason blog

    In fact, Strauss has tried to sell but he says three sales have fallen through because of the zoning changes.

    Now, he’s suing, saying that Moreno’s “extreme and outrageous” conduct amounts to a taking of his property without due process.

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    CBS2 Chicago investigated. Their findings confirm Moreno’s bullying behavior, some of it caught on cell phone video.

    Their headline: [CBS] 2 Investigators: Alderman Threatens To Ruin Landlord’s Business

    In the video, Moreno says he’s upset over the “tragedy” of the club’s closing.

    “It’s a part of life,” Strauss says.

    “Right,” Moreno says. “And part of life is also that you’re not going to have a tenant in here for three years.”

    The fight reportedly stems from Moreno wanting to keep the Double Door, a campaign donor, in the building. –CBS2 Chicago

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    Another news investigation, this one by a former Inspector General for the city, has reached the same basic conclusions (Project Six investigations)

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    Comment: If the story reported by Reason and CBS2 is true, then the alderman’s conduct was “extreme and outrageous”–and utterly true to form for Chicago city government.

    Alderman have extensive control over zoning in their wards. Fellow aldermen defer to each other, enjoying the benefits of reciprocity and fearing anything that would undermine it.

    Their power to zone translates into the power to raise donations from anybody with real estate interests.

    It’s the circle of life in politics.

    My question: Why is this only a civil case? The actions alleged ought to be investigated as possible felonies by federal attorneys. (Expecting state attorneys to do such investigations of fellow pols is crazy talk.)

    Thanks to Tom Elia for this story.

  • ZipDialog Roundup for Saturday, September 23

    Articles chosen with care. Your comments welcomed.
    Linked articles in bold purple

    ◆ John McCain puts a dagger in the heart of “repeal and replace.” Won’t support bill of his close friend, Lindsey Graham (New York Times)

    Comment: There is still a thin path, but it is only a sliver since several Republicans are likely “no” votes.

    Even if the Senate passes something, it might not make it through the House.

    If this bill fails, as expected, then Congress will move onto tax reform and tax cuts.

    Trump in his element: Gives a rousing speech to enthusiastic crowd in Alabama, offers strong support to underdog Senate candidate, Luther Strange (Al.com)

    Comment: Strange is running behind former Alabama state judge, Roy Moore, who redefines the word “controversial.”

    Besides the usual kind words for “Big Luther,” Trump underscored two points.

    1. Strange had given him crucial support on legislation without making demands (Trump emphasized the Senator’s loyalty to him, Trump, and not to Mitch McConnell).
    2. Strange is sure to win in the General Election; Moore is far less certain to win, though Trump said he would back him in the general.

    Handling Sexual Assault Investigations on Campus: Sec. of Ed. Betsy DeVos Reverses Obama-Era Policy (New York Times)

    The nub of the matter: Under Obama, standards of proof were lowered significantly. DeVos is allowing colleges to raise the standard, once again, to “clear and convincing evidence.”

    DeVos on Friday scrapped a key part of government policy on campus sexual assault, saying she was giving colleges more freedom to balance the rights of accused students with the need to crack down on serious misconduct.

    The move, which involved rescinding two sets of guidelines several years old, was part of one of the fiercest battles in higher education today…

    The most controversial portion of the Obama-era guidelines had demanded colleges use the lowest standard of proof, “preponderance of the evidence,” in deciding whether a student is responsible for sexual assault, a verdict that can lead to discipline and even expulsion. On Friday, the Education Department said colleges were free to abandon that standard and raise it to a higher standard known as “clear and convincing evidence.” –New York Times

    The Obama Administration lowered the standard unilaterally, without the normal discussion associated with regulatory changes. They simply sent colleges a “dear colleagues” letter of advice that effectively told them what they had to do to keep their federal funds.

    FIRE, the Foundation for Individual Rights in Education, hailed DeVos’ decision: “Dear Colleague: It’s over! Education Department rescinds controversial 2011 letter”

    Comment: It is fitting that the Obama Administration skirted all procedural restrictions to impose its policy. That’s exactly what Campus Kangaroo Courts do.

    Second, since colleges can now set their own standards of proof, expect the battle to shift there. Administrators are in total control of these campus investigations, so the wrongly-accused students’ main hope will be federal courts.

    Responding to the Opioid Crisis: CVS will limit prescriptions to 7-day supply (CNN)

    Comment: The scale of the emergency is staggering.

    Every three weeks, the number of Americans who die from drug overdoses equals the deaths in the Twin Towers.

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