The Daily Parker

A while ago, I posted two constitutional amendments I'd like to see, to set term limits for the Supreme Court and for Congress. I also proposed an amendment to make the Justice Department independent of the other three branches of government.

Monica Lewinsky proposes six new amendments, including getting rid of the Electoral College and—well, an old amendment:

The most fundamental underpinning of a democracy is the fact that those who govern are chosen through free and fair elections. Especially heads of state. The Electoral College ain’t it. State electors are appointed by methods determined by each state’s legislature. That makes it an inherently political system that detracts from the very heart of democratic governance. Moreover, the Electoral College was derived from a mindset that sought to protect slavery, so it is high time for it to go.

And while we’re at it—because you might be a woman or have a daughter, or, ya know, be a decent human being—let’s wedge in amendments such as the long-languishing Equal Rights Amendment, along with one that would reassert a woman’s right to reproductive freedom.

All of this does make me wonder what our Constitution and Bill of Rights would have looked like had they been created by founding mothers instead of fathers.

They all seem pretty sound to me. But my proposal to make Justice independent would obviate hers to make the President unable to stop a prosecution against himself.

After a month-long boycott of Chicago's Berlin Nightclub organized by Unite Here Local 1, the venerable institution closed for good today:

The announcement came hours after Unite Here Local 1, which represents the Berlin Nightclub workers who unionized earlier this year, also posted on Instagram the club’s owners told them the bar was permanently closed as of Sunday.

Workers at Berlin Nightclub, 954 W. Belmont Ave., had been leading a boycott of the popular LGBTQ+ bar for more than a month, claiming Schuman and Webster had never met with the union in person to negotiate its first contract.

Prominent drag performers like Irregular Girl, co-host of Berlin’s popular lesbian night “Strapped,” joined in solidarity, canceling their shows for the remainder of the boycott.

“Berlin has always been a sanctuary for trans people in Chicago who do not feel safe in many other places. … All of that is due to the hard work of the workers, many of whom are transgender themselves, all of whom are queer and all of whom are being mistreated and underpaid by Jim Schuman and Jo Webster,” Irregular Girl said during a rally outside the bar in October.

Berlin owners addressed the union’s actions in an open letter posted that week, claiming that the union’s proposals for higher wages, health care and pension benefits would cost the nightclub over $500,000.

None of Berlin’s union employees work more than 27 hours a week, and the club’s part-time employees earn a base hourly wage plus tips, according to a statement from the owners. All workers make between $22.50-$57 per hour with tips, the statement said.

In August, Berlin workers went on a two-day strike after organizers said Schuman and Webster repeatedly skipped bargaining sessions, bringing negotiations to a halt. Performers canceled their shows in support during the walkout.

Welp. Berlin was a straight-friendly gay club on the edge of Boystown (now known as Northalsted) when I first went there in the 1990s. It wasn't really my scene, but it was fun and campy, and occasionally some cool acts would play there.

I'm sad to see it go down like this. But closing to spite your union? That's not just a dick move, it may be illegal. I don't think this story is over.

Via Bruce Schneier, your car does not respect your privacy anymore:

Mozilla recently reported that of the car brands it reviewed, all 25 failed its privacy tests. While all, in Mozilla's estimation, overreached in their policies around data collection and use, some even included caveats about obtaining highly invasive types of information, like your sexual history and genetic information. As it turns out, this isn’t just hypothetical: The technology in today’s cars has the ability to collect these kinds of personal information, and the fine print of user agreements describes how manufacturers get you to consent every time you put the keys in the ignition.

Companies claim ownership in advance, so that you can’t sue if they accidentally record you having sex in the backseat, for example. Nissan claimed in a statement that this is more or less why its privacy policy remains so broad. The company says it "does not knowingly collect or disclose customer information on sexual activity or sexual orientation," but its policy retains those clauses because "some U.S. state laws require us to account for inadvertent data we have or could infer but do not request or use." Some companies Engadget reached out to — like Ford, Stellantis and GM — affirmed their commitment, broadly, to consumer data privacy; Toyota, Kia and Tesla did not respond to a request for comment.

This gets even more complicated when you think about how cars are shared. Rental cars change drivers all the time, or a minor in your household might borrow your car to learn how to drive. Unlike a cell phone, which is typically a single user device, cars don’t work like and vehicle manufacturers struggle to address that in their policies. And cars have the ability to collect information not just on drivers but their passengers.

Consumers are effectively hamstrung by the state of legal contract interpretation, and manufacturers are incentivized to mitigate risk by continuing to bloat these (often unread) agreements with increasingly invasive classes of data. Many researchers will tell you the only real solution here is federal regulation. There have been some cases of state privacy law being leveraged for consumers' benefit, as in California and Massachusetts, but on the main it's something drivers aren't even aware they should be outraged about, and even if they are, they have no choice but to own a car anyway.

Note to self: no more don't start having sex in my Prius.

We have unusual wind and sunshine for mid-November today, with a bog-standard 10C temperature. It doesn't feel cold, though. Good weather for flying kites, if you have strong arms.

Elsewhere in the world:

• The right wing of the US Supreme Court has finally found a firearms restriction that they can't wave away with their nonsense "originalism" doctrine.
• Speaking of the loony right-wing asses on the bench, the Post has a handy guide to all of the people and organizations Justice Clarence Thomas (R) and his wife claim have no influence on them, despite millions in gifts and perks.
• NBC summarizes the dumpster fire that was the XPOTUS and his family lying testifying in the former's fraud sentencing hearings.
• Alexandra Petri jokes that "having rights is still bewilderingly popular:" "Tuesday’s election results suggest that the Republican legislative strategy of 'taking people’s rights away for no clear reason' was not an overwhelming success at the ballot box."
• Earth had the warmest October on record, setting us up for the warmest year in about 120,000 years.
• Could the waste heat from parking garages actually heat homes?
• John Scalzi has a new film review column for Uncanny Magazine, with his first entry praising the storytelling of the Wachowski's 2008 Speed Racer adaptation.

Finally, Citylab lays out the history of San Francisco's Ferry Terminal Building, which opened 125 years ago. I always try to stop there when I visit the city, as I plan to do early next month.

We've switched around our RTO/WFH schedule recently, so I'm now in the office Tuesday through Thursday. That's exactly the opposite of my preferred schedule, it turns out. So now Tuesdays feel like Mondays. And I still can't get the hang of Thursdays.

We did get our bi-weekly build out today, which was boring, as it should be. Alas, the rest of the world wasn't:

• The XPOTUS has vowed revenge on everyone who has wronged him, pledging to use the US government to smite his enemies, as if we needed any more confirmation that he should never get elected to any public office ever again.
• Meanwhile, the XPOTUS looked positively deranged in his fraud trial yesterday, as the judge continued to question him about things that cut right to his fraudulent self-image.
• Walter Shapiro thinks comparing President Biden to Jimmy Carter miss the mark; Harry Truman might be a better analogy.
• Lawyers for former Chicago Alderperson Ed Burke have asked that a display in the Dirksen Federal Building celebrating the US Attorney's successes securing public-corruption convictions be covered during Burke's public-corruption trial.
• Adams County, Illinois, judge Robert Adrian faces discipline from the state Judicial Inquiry Board after reversing the conviction of a man who sexually assaulted his girlfriend because the teenaged assailant's 148 days in jail was "plenty of punishment."
• In a move that surprised no one, WeWork filed for Chapter 11 bankruptcy protection yesterday, after failing to "elevate the world's consciousness" through "the energy of We."
• Josh Marshall relays some of his thoughts about the Gaza War, with one in particular I want to call out: "Nothing that has happened in the last month constitutes genocide, either in actual actions or the intent behind those actions. Not a single thing." Worth repeating. But also: "there is a media and propaganda war about this conflict on TikTok and it is one Israel is losing."
• Kevin Dugan relishes the exposure of Sam Bankman-Fried as a common criminal, and not a very original one at that.
• Via Schneier, eminence gris Gene Spafford reflects on the Morris Worm, which chewed its way through most of the 100,000 machines connected to the Internet 35 years ago last week.

Finally, let's all tip our hats to George Hollywood, a parakeet who lived off the land in my part of Chicago for the better part of summer. He didn't exactly blend in with the pigeons, but as the photos in the news story show, he sure tried.

Tomorrow, Ohio citizens will vote on Issue 1, which would amend the state constitution to protect reproductive rights. But if you read the state Board of Elections explainer—the language that will actually appear on the ballot—you might not know WTF the amendment does. That is by design; Republican-ruled state legislatures have learned the hard way that an issue with 65% support will probably pass if people know what they're voting for.

Here's the actual proposed amendment, which would become Section 22 of Article 1 (the Ohio Bill of Rights):

A. Every individual has a right to make and carry out one’s own reproductive decisions, including but not limited to decisions on:

1. contraception;
2. fertility treatment;
3. continuing one’s own pregnancy;
4. miscarriage care; and
5. abortion.

B. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either:

1. An individual's voluntary exercise of this right or
2. A person or entity that assists an individual exercising this right,
   unless the State demonstrates that it is using the least restrictive means to advance the individual's health in accordance with widely accepted and evidence-based standards of care.

However, abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient’s treating physician it is necessary to protect the pregnant patient’s life or health.

C. As used in this Section:

1. “Fetal viability” means “the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures. This is determined on a case-by-case basis.”
2. “State” includes any governmental entity and any political subdivision.

D. This Section is self-executing.

That's about 200 words of plain English. Here's what the Board of Elections decided to put on the ballot:

Issue 1
A Self-Executing Amendment Relating to Abortion and Other Reproductive Decisions

Proposed Constitutional Amendment

Proposed by Initiative Petition

To enact Section 22 of Article I of the Constitution of the State of Ohio

A majority yes vote is necessary for the amendment to pass.

The proposed amendment would:

• Establish in the Constitution of the State of Ohio an individual right to one's own reproductive medical treatment, including but not limited to abortion;
• Create legal protections for any person or entity that assists a person with receiving reproductive medical treatment, including but not limited to abortion;
• Prohibit the State from directly or indirectly burdening, penalizing, or prohibiting abortion before an unborn child is determined to be viable, unless the State demonstrates that it is using the least restrictive means;
• Grant a pregnant woman's treating physician the authority to determine, on a case-by-case basis, whether an unborn child is viable;
• Only allow the State to prohibit an abortion after an unborn child is determined by a pregnant woman's treating physician to be viable and only if the physician does not consider the abortion necessary to protect the pregnant woman's life or health; and
• Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician's determination, the abortion is necessary to protect the pregnant woman's life or health.

If passed, the amendment will become effective 30 days after the election.

Shall the amendment be approved?

So what was wrong with the actual text of the amendment? And why did the Republicans in the Board of Elections want this text instead? One of the authors of the amendment, Dr David N Hackney, explains:

The clear lesson from 2022, when six states cast votes for reproductive rights, as well as the results of the recent Wisconsin Supreme Court race, is that voters vote in favor of abortion rights. Every straight up or down vote on reproductive freedom since Dobbs v. Jackson Women’s Health Organization has gone in favor of defending or expanding access to abortion. So the strategy of anti-abortion activists has become to pull any available political, messaging or legal levers to prevent that.

[S]tate law allows our ballot board to substitute a summary, as long the initiative is reflected fairly — or at least that’s how it’s supposed to work. This is sensible for amendments excessively long or thick with legalese, making an unadulterated replication on paper ballots impractical. Issue 1, by contrast, consists of only 205 words (including numeration), in plain English. The 193-word summary written by the ballot board rescues voters from reading a total of 12 words.

Perhaps the most egregious change between the Issue 1 language and the summary written by the ballot board is the substitution of “unborn child” for “fetus.” “Fetus” is the unequivocally accepted medical term used in textbooks, lectures and research publications.

Ohio’s leaders have formally argued that “unborn child” is valid because it’s written into our existing anti-abortion statutes. This reasoning is circular, as “unborn child” is inappropriate in those contexts as well. Our attorney general’s office stated in a merit brief that “ballot language including the term ‘fetus’ has the potential to confuse voters, who may not know or understand the term’s varying definitions.”

This is, of course, just one of the tactics the Christianist Right uses all the time. They know they can't win on the merits, so they obfuscate, hoping to confuse or demoralize the people who would vote against their positions. Let's hope it once again fails tomorrow.

Just a couple to mention:

• A jury convicted Sam Bankman-Fried of committing the largest fraud in US history. He faces up to 110 years in prison.
• House Republicans passed a bill that would provide $14 billion in funding for Israel's war with Hamas by taking it from IRS tax evasion enforcement, a move so cynical that Paul Krugman likens it to "the Big Lie." ("Starving the I.R.S. has long been a Republican priority; what’s new is the party’s willingness to serve that priority by endangering national security.")
• Calumet City, a mostly-Black suburb about 35 km south of Chicago, issued a citation to Daily Southtown reporter Hank Sanders for calling city employees and asking for comment (i.e., "reporting") about major flooding in the area.
• Chicago Alderperson (yes, that's what they're called now [shudder]) Ray Lopez (D-15th Ward) pulled a Vrdolyak at yesterday's City Council meeting before describing it to reporters as a "shitshow."

Finally, David Brooks offers some advice on "how to stay sane in brutalizing times."

And, almost forgot: It was 25 years ago today that Minnesota elected Jesse Ventura governor, sending my team running the election data at CBS News into a brief panic before we confirmed the result.

I'm still thinking about propaganda in the Gaza war, but I'm not done thinking yet. Or, at least, not at a stopping point where a Daily Parker post would make sense. That said, Julia Ioffe sent this in the introduction to her semi-weekly column; unfortunately I can't link to it:

The absolutely poisonous discourse around this war, though, has taken all of that to a whole other level. The rage, the screaming, and the disinformation, ahistoricity, the anti-Semitism and Islamophobia, the propaganda—all of it has felt overwhelming at times. The way that reasonable people I otherwise respect have shown themselves to be hard-hearted zealots—clinging to what they want to believe, starting not with the facts but rather their ideology and working backwards from there—has led me to stop talking to people on both sides of the divide. The facts of what’s happening in Israel and Gaza are hard enough to absorb as it is.

As usual, Ioffe wrote what I was thinking. Again, I'll have more, but that's a very good take.

• The column Ioffe introduced in that email, an interview with international lawyer David Scheffer, is a must-read.
• A jury found the National Association of Realtors liable for restraint of trade and anti-competitive practices, awarding the plaintiffs $1.87 billion in damages. (Where's my refund from my last house purchase?)
• Strong Towns points out that contrary to the wishes of many on the left, rent control works as an anti-displacement policy, but not as an affordability policy.
• Chicago Tribune sports writer Paul Sullivan laments that this year's World Series, between the 5th and 6th seeds, for which three 100-win teams lost in the playoffs, has the smallest audience of any World Series in television history. Can't think why.
• It turns out, AI image generation can only be as good as the images it learns on, which means AIs have even more bias than humans do.
• Somehow I wrote a 20-page paper for 11th grade on Mark Twain and never read the account of him meeting Winston Churchill in 1900.

Finally, Michelin just announced its Bib Gourmand list for Chicago, with its US stars all coming out next Tuesday. The Bib list has five new restaurants that I must now visit. We'll see who gets new stars in a few days.

I spent way too much time chasing down an errant mock in my real job's unit test suite, but otherwise I've gotten a lot done today. Too much to read all these articles:

• Julia Ioffe interviews Ambassador Dennis Ross on the disappearing hopes for a two-state solution in Israel.
• Ruth Marcus wonders whether Associate Justice Clarence Thomas (R) committed tax fraud when he accepted a $267,000 motor home.
• Josh Marshall wonders WTF with House Speaker Mike Johnson's (R-LA) black "son?"
• Paul Krugman bemoans the Republican Party for going "full-on extremist."
• National Geographic takes a trip down US-50 in Nevada, the "loneliest highway in America."
• Pilot Jim Fallows explains the trio of scary aviation stories that hit the press this week.
• Pilot Patrick Smith remembers the Boeing 707.
• Ezra Klein ponders Marc Andreesen's odd blend of futurism and reactionary politics.

OK, assuming this build works, I'll have closed 4 story points today—with 4 very small 1-point stories. The harder ones start Monday morning.

It's 22°C and sunny right now, making me wonder what's wrong with me that I'm putting together a software release. I probably should fire off the release, but I'm doing so under protest. I also probably won't get to read all of these things I've queued up:

• Peter Hamby expresses concern about the rise of the illiberal left in the younger generation.
• Despite the ravings of Fox News and other right-leaning propagandists, the US economy is actually doing better right now than at any point since Obama was in office, says Paul Krugman.
• Greg Sargent slow-claps "the quiet vindication of Hakeem Jeffries."
• Writing in Lawfare, Susan Landau rolls her eyes that law enforcement has turned to scaring people about child sexual abuse in their latest gambit to break end-to-end encryption.
• Archaeologist and sculptor Oscar Nilsson has reconstructed the face of a 14-year-old Inca girl ritually sacrificed in the Andes about 500 years ago.
• An off-duty pilot riding in the jumpseat of an Alaska Airlines E175 attempted to trigger the fire suppressors on the plane's engines Sunday. No one knows why.
• A literature review study has shown convincing evidence my generation really did have a lot more autonomy growing up.
• Google has changed its maps colors for some users—they're still rolling out the changes.
• Today is the 20th anniversary of the Concorde's last revenue flight. Maybe Virgin Galactic will get its SST off the ground someday?

Finally, Stan's Donuts will open a new store just three blocks from the apartment I moved out of one year ago today. I might have to stop in soon. I will not, however, wash them down with CH Distillery's latest abomination, Pumpkin-Spice Malört.