INSIDE THIS ISSUE: DEPARTMENTS Officials: 2 Local Government 9 Long lines CAROLINA From Page 1 12 Education 14 not fault of Books & the Arts 18 voter ID leg- Interview 19 islation/3 Opinion 20 JOURNALA MONTHLY JOURNAL OF NEWS, ANALYSIS, AND OPINION Parting Shot 24 FROM THE JOHN LOCKE FOUNDATION April 2016 Vol. 25 No. 4 STATEWIDE EDITION Check us out online at carolinajournal.com and johnlocke.org Randolph Megasite Not Ready for Prime Time a “high-yield project” that would em- ploy a minimum of 1,750 workers. Land not purchased; The agreement states that Ran- dolph County has purchased 425 of power lines may take the 1,400 acres for the location. The Megasite Foundation has purchased 43 years to complete acres and plans to purchase another 70 acres. The NCRR announced Jan. 5 it By Don Carrington would acquire the remaining 862 acres Executive Editor by purchasing 19 separate parcels. RALEIGH Even with a signed agreement, he 1,400-acre Greensboro-Ran- the project has significant hurdles to dolph Megasite appears to be overcome before it can be presented to several years away from being any large employer. aT suitable location for the automotive plant or other large manufacturing fa- No money, no land cility it was designed to attract, based NCRR is a unique operation be- on conversations with government, cause it is a private company with all business, and community officials and The North Carolina Railroad has said it would buy 19 parcels of land, making up 862 the stock owned by the state of North a review of public documents and fi- acres of the megasite, but it does not have enough funds to make the purchase. (CJ photo by Don Carrington) Carolina. The governor and legislative nancial statements. leaders appoint the 13 members of the Moreover, Carolina Journal has dize the county’s backing for the spec- ties of the organizations. The agree- board of directors. learned that Duke Energy has not be- ulative industrial site. ment states that all decisions need to NCRR owns and manages a 317- gun a study determining how to pro- The property, located along U.S. be unanimous — making the political mile rail corridor connecting More- vide power to the site, the North Caro- 421 west of Liberty in Randolph Coun- changes on the Randolph County com- head City to Charlotte. Its primary in- lina Railroad Company does not have ty, now is under the control of three mission a problem for the megasite’s come comes from leasing its tracks to enough money to buy land needed for entities: Randolph County, NCRR, and viability. Norfolk Southern Railway. the location, no single private or gov- the Greensboro-Randolph Megasite Since it has promised to provide As CJ reported in March, NCRR’s ernment entity appears to be in charge Foundation Inc. water and sewer services to the site, the involvement in the megasite appeared of the project, and two newly elected The three entities have approved city of Greensboro is in effect a fourth to be outside its core mission and members of the Randolph County a document titled “Greensboro-Ran- partner, even though the city is not a Board of Commissioners are skeptical dolph Megasite Project Agreement,” signatory to the agreement. According of the endeavor, which could jeopar- laying out the responsibilities and du- to the agreement, the goal is to recruit Continued as “Randolph,” Page 12 State Bar Fights Complaint Involving Cooper PAID On March 14, the State Bar filed RALEIGH, NC U.S. POSTAGE a motion to dismiss Boyce’s complaint. PERMIT NO. 1766 NONPROFIT ORG. Attorney Gene Boyce Boyce subsequently filed a response outlining reasons his complaint should alleges professional be heard in court. Boyce has asked the court for a misconduct by AG declaratory judgment forcing the State By Don Carrington Bar to acknowledge Boyce’s claims of Executive Editor Cooper’s misconduct; declaring that RALEIGH the professional misconduct of other the State Bar has a conflict of interest he North Carolina State Bar, the attorneys to the State Bar. According in the matter; and referring the dispute state agency that regulates at- to the complaint — filed in January in to an alternative agency for investiga- torneys, has asked a judge to Wake County Superior Court — Boyce tion, findings of fact, and discipline if dismissT Raleigh attorney Gene Boyce’s has notified the State Bar on multiple appropriate. complaint asking the State Bar to ad- occasions about Cooper’s alleged mis- The dispute began in 2000, when dress allegations of professional mis- conduct, but the State Bar has not re- Cooper was the Democratic Party’s conduct by Attorney General Roy sponded. Boyce also argued that the nominee for attorney general and his Cooper. State Bar has a conflict of interest in the main opponent was Republican Dan Boyce’s complaint said that as an matter because Cooper serves as the The John Locke Foundation 200 W. Morgan St., #200 Raleigh, NC 27601 attorney he has an obligation to report attorney for the State Bar. Continued as “State,” Page 13 PAGE 2 APRIL 2016 | CAROLINA JOURNAL North Carolina C A R O L I N A McCrory-Cooper Battle Set for November Election Joe McLaughlin had 33 percent, and Ron Pierce, 26 percent. JOURNAL Competitive Council of State Causey will battle incumbent Democrat Wayne Goodwin in the November general election. Rick Henderson Former Raleigh Mayor Charles Meeker secured a vic- Managing Editor races expected; congressional tory in the Democratic primary for labor commissioner. He prevailed over Greensboro activist Mazie Ferguson, 57 per- Don Carrington primaries await court ruling cent to 43 percent, and will face incumbent Republican Che- Executive Editor rie Berry in the general election. By CJ Staff Republican Michael LaPaglia defeated primary rival RALEICH A.J. Daoud, 61 percent to 39 percent. He’ll face incumbent Mitch Kokai, Barry Smith he state will get its marquee gubernatorial race match- Democrat Elaine Marshall in the general election. Kari Travis, Dan Way up in November after incumbent Republican Gov. Pat Associate Editors In the Democratic primary for state treasurer, Dan McCrory and Democratic Attorney General Roy Coo- Blue III defeated Ron Elmer, 59 percent to 41 percent. In No- Kristen Blair, Roy Cordato perT easily won their respective primaries. vember, Blue will face Republican Dale Folwell, a former Becki Gray, Sam A. Hieb In the state’s race for U.S. Senate, incumbent GOP Sen. state representative and former head of the Division of Em- Lindalyn Kakadelis, Troy Kickler handily fought off three primary challengers. ployment Security. The treasurer’s seat will be open because George Leef, Michael Lowrey He’ll face former Democratic state Rep. Deborah Ross of Democratic incumbent Janet Cowell chose not to seek re- Donna Martinez, Harry Painter Wake County, who beat three party rivals of her own, and election. Jenna Ashley Robinson Libertarian Sean Haugh in the Nov. 8 general election. Marc Rotterman, Jesse Saffron McCrory defeated former state Rep. , General Assembly races Jay Schalin,Terry Stoops R-Iredell, 81 percent to 11 percent. Charles Kenneth Moss Andy Taylor, Michael Walden Two incumbents were knocked off by primary chal- got 8 percent. Contributors lengers in the House. Democrat defeated in- Cooper beat Durham attorney Ken Spaulding by a 69 cumbent Ralph Johnson in House District 58, and Republi- percent to 31 percent margin. Libertarian Lon Cecil will also can incumbent George Robinson lost in House District 87 to Joseph Chesser, Zak Hasanin be in the gubernatorial race against McCrory and Cooper. challenger . Quick and Hall effectively won the Catherine Koniecsny, Charles Logan Burr fought off Dr. Greg Brannon, who also unsuccess- seats because they have no opposition in the general elec- Austin Pruitt, Matt Shaeffer fully challenged for the GOP U.S. Senate nomi- Interns nation two years ago. Burr received 62 percent to Brannon’s tion. 25 percent. Paul Wright finished Sixteen other primary winners — two in the Senate and 14 in the House — also effec- Published by third with 8 percent. Larry Hol- mquist had 5 percent. tively were elected to the seat they The John Locke Foundation were seeking because they have no 200 W. Morgan St., # 200 In the Democratic race, Ross Raleigh, N.C. 27601 garnered 62 percent. Spring Lake opponents in the general election, (919) 828-3876 • Fax: 821-5117 Mayor Chris Rey came in second barring a write-in candidate or www.JohnLocke.org with 17 percent. Durham business- an independent challenger. They man Kevin Griffin finished third were: with 12 percent. Army veteran • Incumbent Senate Repub- Jon Ham licans in District 31 Vice President & Publisher Ernest Reeves of Greenville had 9 percent. and Tommy Tucker in District 35. The $2 billion Connect NC • Incumbent House Repub- Kory Swanson bonds also were approved by a 66 licans Jamie Boles in District 52, President percent to 34 percent vote. in District 73, Harry Former state Rep. Linda Warren in District 77, and John John Hood Coleman, D-Wake, won the right Fraley in District 95. Chairman to a rematch with incumbent GOP • Incumbent House Demo- Lt. Gov. Dan Forest. Coleman led Charles S. Carter, Charles F. Fuller crats Larry Bell in District 21, Wil- Bill Graham, John M. Hood the Democratic primary field with liam Brisson in District 22, Jean Christine Mele, Baker A. Mitchell Jr. 51 percent. Holly Jones had 29 per- Farmer-Butterfield in District 24, Paul Slobodian, David Stover cent, Robert Earl Wilson had 10 Michael Wray in District 27, Rosa J.M Bryan Taylor percent, and Ronald Newton had Gill in District 33, Charles Graham Board of Directors 10 percent. Forest and Coleman in District 47, and will also face Libertarian J.J. Sum- Carolina Journal is in District 107. merell on the Nov. 8 ballot. • Three open House seats a monthly journal of news, Other incumbent Council of analysis, and commentary on were filled by primary winners State candidates also fared well. state and local government because no one from the opposing Republican Agriculture and public policy issues in party filed for the seat: Republican Commissioner Steve Troxler best- North Carolina. in House District 20, Democrat ed primary rival Andy Stevens, 69 percent to 31 percent. ©2016 by The John Locke Foundation in House District 32, and Democrat John Autry in House Inc. All opinions expressed in bylined articles Troxler will face Democrat Walter Smith in the November District 100. are those of the authors and do not necessarily general election. • In House District 67, one of the most closely reflect the views of the editors of CJ or the Democratic Superintendent of Public Instruction June staff and board of the John Locke Foundation. Atkinson defeated Henry Pankey, 80 percent to 20 percent. watched and hotly contested races, incumbent Republican Material published herein may be reprinted as She’ll face Republican Mark Johnson in November. Johnson narrowly edged challenger Lane Burris by 254 long as appropriate credit is given. Submis- won the GOP primary with 53 percent of the vote. Rose- votes to advance to the general election. Burr had a public sions and letters are welcome and should be falling out with House Speaker Tim Moore, R-Cleveland, directed to the editor. mary Stein came in second with 33 percent, ahead of Wesley but was endorsed by House Majority Leader , To subscribe, call 919-828-3876. Readers Sills with 14 percent. also can request Carolina Journal Weekly Two state senators won their respective parties’ nom- R-Rutherford. Report, delivered each weekend by e-mail, inations to replace Cooper as attorney general. Sen. Buck • Two Mecklenburg County House candidates had or visit CarolinaJournal.com for news, links, Newton, R-Wilson, defeated Forsyth County District Attor- the closest races, requiring recounts. Incumbent GOP Rep. and exclusive content updated each weekday. ney Jim O’Neill, 55 percent to 45 percent. Sen. , Charles Jeter defeated challenger Tom Davis by just 35 votes Those interested in education, economics, D-Wake, won over Marcus Williams in the Democratic pri- in District 92. And Democratic House candidate Rochelle higher education, health care or local govern- mary, 53 percent to 47 percent. Rivas, who in November will face incumbent Republican ment also can ask to receive weekly e-letters covering these issues. Republican Mike Causey won the GOP primary for Bill Brawley in the 103rd District, had the narrowest vic- insurance commissioner. Causey got 41 percent of the vote, tory, defeating Noah Lieberman by 13 votes. CJ APRIL 2016 | CAROLINA JOURNAL PAGE 3 North Carolina Officials: Voter ID Law Did Not Cause Long Waits at Polls By Dan Way istered, he said. the exact type of electoral chaos that workers — is exactly why we call this Associate Editor While some voters did have to happens when politicians manipulate a monster voter suppression law: It af- RALEIGH wait longer than usual at some sites, the voting system for their own gain,” fects each step of the voting process, tate Board of Elections officials Lawson said he could not determine said the Rev. William Barber, president making it harder and more confusing say charges that North Carolina’s whether that was caused by large of the North Carolina State Confer- along the way,” said Penda Hair of the new voter ID requirement led to numbers of voters flooding the polls at ence of the NAACP. “The right to vote Advancement Project. Slong wait times at the polls and unnec- specific times should be con- Bob Hall, executive director of essary confusion that harmed voters or shortly be- stitutional, not the progressive organization Democ- are off target. fore the voting confusing.” racy NC, also criticized the new law, The law, requiring voters to pres- places closed. A March citing information collected by 700 vol- ent a state-authorized photo identifica- Lawson 2 press release unteers in key precincts in 40 counties. tion document at the polls, went into said there is no from the elec- He issued a news release claim- effect for the first time in the March objective way tions board ing that poll workers at sites across 15 primary elections. Critics have to compare stated that a the state seemed to lack training, were condemned the requirement as a mis- North Caroli- record number overworked, and enforced the voter ID guided policy that would lead to voter na’s new voter of early voting law in a disparate manner. Some voters suppression while claiming changes in ID require- sites would were refused a provisional ballot when early voting times were designed to di- ment to the be- be available, problems surfaced, he said, predicting minish minority and Democratic votes. havior in states and the elec- worse issues in the general election. State officials rebut those conten- that have tion law en- “The complaints documented tions with the turnout results and early made a similar couraged local during the primary show the senseless voting numbers. change. State election boards bureaucratic burden of the new ID re- “More voters participated in requirements to have those quirement, as well as the urgent need Tuesday’s election than in any prior differ, so it sites open lon- for greater investment in poll-worker primary. Early voting was also a huge would be dif- ger hours. training, equipment, and a modern- success, surpassing 2008 and 2012,” ficult to estab- The Ad- ized election system,” Hall said. said Josh Lawson, the elections board’s lish a uniform vancement Lawson pushed back against general counsel. A total of 2.3 million measurement, Project repre- those claims. voters cast primary ballots — 35.3 per- he said. sents the NC “For three years, the State Board cent of registered voters. The Ad- NAACP and has educated and assisted voters to “With more than 2,700 precincts vancement individual prepare the state for voter ID. That ef- across the state, data we have so far Project, a civil rights organization, is- plaintiffs in a lawsuit to overturn the fort was funded at about $1 million a indicates our efforts surrounding vot- sued a news release March 16 acknowl- election reforms. That lawsuit, pend- year, and included mailings to every er ID were successful,” Lawson said, edging that early turnout surpassed ing in federal court, challenges other household, poll worker training, tele- while acknowledging that issues re- recent records, but saying voters had elements of the law in addition to the vision ads, and targeted assistance to quired the issuance of provisional bal- fewer days to cast a ballot because a voter ID provision. voters,” Lawson said. lots. 2013 election reform law reduced the Those include eliminating same- “While we are carefully review- “Current data also indicates that early voting period from 17 days to 10. day registration, banning the counting ing ways to shorten wait times, we are two-thirds of those who voted provi- The organization blamed con- of ballots cast out of precinct, and cut- proud of the work counties did to en- sional ballots did so for reasons unre- gested polling sites that caused some ting out a program allowing 16- and sure voters’ voices were heard at the lated to photo ID,” Lawson said. That voters in Wake County, Durham, and 17-year-olds to register before they are polls” and will continue seeking ways included a number of voters attempt- Winston-Salem to wait hours in line eligible to vote. to improve the process during the June ing to vote for candidates in several Tuesday on the shortened voting pe- “The confusion faced by voters 7 congressional primary election and parties or casting ballots in a party riod. attempting to cast a ballot — in large the Nov. 8 general election, Lawson primary for which they were not reg- “We are seeing in North Carolina part due to misinformation from poll said. CJ PAGE 4 APRIL 2016 | CAROLINA JOURNAL North Carolina Experts: Anonymous Speech Was Essential to Nation’s Founding Maintaining the privacy of donors part of that history By Dan Way Associate Editor RALEIGH he Founding Fathers might have been unable to create the founda- tions of a new American nation hadT they operated in today’s climate of federal government harassment and intrusion into citizen privacy, a consti- tutional lawyer says. “I don’t think it’s a stretch to say our Constitution probably never would have been ratified had it not been for private political speech,” said Jon Riches, director of national litiga- tion for the Arizona-based Goldwater Institute. Private political speech guar- anteed by the Constitution is under assault by government regulators, ac- Lawson Bader, at right, former president of the Competitive Enterprise Institute, answers a question at a March 4 panel on donor tivist judges, and media demanding privacy at the Conservative Leadership Conference. He was joined by investment adviser Ted Hicks, center, and attorney Jon greater disclosure of donors and mem- Riches, left. (CJ photo by Dan Way) bers of private and nonprofit organi- ing instead, “are we talking about you Forcing groups to disclose their would be severe, and it would be justi- zations, Riches said during a March 4 and your neighbor contributing to the contributors shifts the spotlight of fied,” Riches said. panel discussion at the Civitas Insti- causes you believe in by providing public discourse from the message to “These donor disclosure man- tute’s Conservative Leadership Con- your money and your time?” the messenger, Riches said. ference in Cary. dates are exactly that and in fact in Depending on where the line is That allows retaliation against “The ratification of our Constitu- some ways even more dangerous,” he drawn, so-called dark money practitio- speakers who disagree with authori- tion was debated primarily through a said. But there are other ways to stifle ners could include the ACLU, the local ties, he said, including regulations that series of anonymous papers called the political dissent. church, or a soup kitchen. can make it difficult to determine what Federalist Papers. They were all pub- To comply with the labyrinth of “In fact, some of these donor speech is allowed and what is not. lished under the pen name Publius,” campaign finance rules and regula- disclosure mandates are so broad that “As a result, people just refuse Riches said. tions, one study estimated, it would re- they’re sweeping to speak, or there The anonymity shielded James quire $9,000 in up-front legal fees and in the activities of [is] less political Madison, Alexander Hamilton, and $2,800 in ongoing compliance costs what are called speech,” which is John Jay from publishing under their 501(c)3 organiza- Forcing groups the antithesis of for someone in a rural area to run one own names, a condition they sought tions,” Riches said. what the Found- message on federal environmental pol- because regional rivalries and person- “There’s a mil- to disclose their ers intended icy, Riches said. alities, particularly Hamilton’s, might lion 501(c)3 non- contributors for the country, “Rather than assume those costs, have led readers to focus on the au- profit organiza- Riches said. rather than risk jail for engaging in thors rather than the arguments they tions. They include shifts the Riches said political speech, most average citizens were making, Riches said. schools, churches, the media fre- simply won’t speak. And of course the “Despite the fact that political hospitals, art cen- spotlight of quently rely on whole point of the First Amendment giving or anonymous political speech ters, public radio public discourse privacy to per- was to preclude that outcome,” Riches has been essential in our democra- stations, research form their mis- said. cy since its founding, we are seeing and education from message sion. Reporters “Be wary of a transparency argu- throughout our country donor disclo- foundations, legal use anonymous ment” when the government comes af- sure mandates at all levels: federal, aid clinics.” to messenger, sources — the ter donor disclosure lists, said Lawson state and local,” Riches said. Carolina Jour- Deep Throat Bader, former president of the Com- “We’re seeing it come through and facilitates nal’s parent orga- whistleblower of petitive Enterprise institute, which is legislators. We’re seeing it go through nization, the John Watergate wasn’t being sued by Pennsylvania State Uni- the ballot box. We’re seeing rogue retaliation Locke Foundation, identified un- versity climatologist Michael Mann. regulators including attorneys general is a 501(c)3 non- til 40 years after by government Mann said the organization defamed in both New York and de- profit. President Nixon him by calling his climate science work manding the names of donors to non- Riches said resigned. Editori- profit groups,” Riches said. the escalating als are published fraudulent. Private donors are often dispar- trend should concern Americans for anonymously, as are many commen- Transparency is not inherently aged publicly for providing “dark several reasons. tary and op-ed pieces. wrong, but it has been used as an ex- money” for political activities by busi- “Public disclosure of information “Imagine the outrage if there was cuse for political manipulation in “an nesses, unions, and nonprofit groups, for political participation or charitable a law tomorrow that prohibited anony- attempt to get at the privacy of our own even though many of these groups are activity subjects speakers to harass- mous bylines in newspapers, and a law supporters themselves,” Bader said. not required to disclose the identities ment and retaliation, and privacy is that said, by the way, Wall Street Journal Charities are highly regulated institu- of their donors, Riches said. one barrier to prevent this,” as has and New York Times, give us a list of all tions with numerous disclosure man- Riches challenged the notion been long recognized by the U.S. Su- of your subscribers, including their ad- dates, and that should satisfy the call that such privacy was nefarious, ask- preme Court, he said. dress. The outrage would be swift, it for donor lists to be made public. CJ APRIL 2016 | CAROLINA JOURNAL PAGE 5 North Carolina ‘Right to Try’ Advocates Push Patient Medical Freedom By Barry Smith “We explored every single option sembly passed and Gov. Pat McCrory Associate Editor and then decided we needed to go to signed into law the state’s Right to Try RALEIGH London,” she said. They chose London bill. The new law passed the House dvocates of North Carolina’s because extended family members and Senate unanimously and took ef- new “Right to Try” law — and lived there and there would be no lan- fect Oct. 1. similar ones in other states — guage barrier. The law allows terminally ill pa- areA raising awareness of the law, which The family spent nine months tients under certain conditions access allows terminally ill patients who have in London while Diego received drug to a new drug, biological product, or exhausted other procedures the oppor- treatments and chemotherapy. Morris device that has completed Phase 1 of tunity to try new drugs that have gone said her husband maintained his job in the FDA’s clinical trials but has yet to through part but not all of the Food Phoenix to support the family and pay gain final approval. and Drug Administration’s approval for the medication. He commuted back According to the FDA’s website, process. and forth to be with the family. Phase 1 studies determine a drug’s “North Carolina is a Right to “We had plenty of trips to the most frequent side effects, and how Try state,” one of 26 across the nation, emergency room,” Morris said. “It was the body processes and discharges the said Christina Sandefur, executive vice horrible for me not to have my hus- drug. The emphasis in Phase 1 is on president of the Goldwater Institute in band there and horrible for Diego not safety. Later phases focus on effective- Phoenix, Ariz., during a March 28 pre- to have his father there.” ness and how the drug works with dif- sentation to the John Locke Founda- Christina Sandefur, executive vice presi- Diego, who is now 15, is doing ferent populations, different diseases, tion’s Shaftesbury Society. “The prob- dent of the Goldwater Institute in Phoenix, fine, Morris said. The family must Ariz., discusses the ‘Right to Try’ law and in combination with other drugs. lem is, we need to get the word out.” make four trips a year to St. Jude in Under the new law, drug or de- The advocates hope that as more enacted in North Carolina and 25 other Memphis, in part to have the prosthet- states at the John Locke Foundation office vice manufacturers are allowed but not people learn about the Right to Try op- in Raleigh. (CJ photo by Don Carrington) ic in his leg adjusted. required to make products that have tion, more states will adopt it. Lacking Since concluding his treatment, completed Phase 1 available to pa- that option, families like Diego Morris’ “It tends to come back in the lungs,” Diego has become an advocate for tients. Companies making good-faith in Phoenix, have had to uproot them- Paulina Morris said. Right to Try laws. He served as hon- efforts to comply with the Right to Try selves to get life-saving drugs. orary chairman of the Right to Try Diego concluded his treatment law are shielded from liability claims. When Diego was 11, he was di- petition initiative in Arizona, and he’s in 2012, two years before Arizona ap- To be eligible for such a drug, a agnosed with osteosarcoma, or a bone told his story to a U.S. Senate commit- proved its Right to Try law. While the terminally ill patient must have tried tumor, in his left leg. tee looking into connecting patients to FDA allows a “compassionate use” or considered all other treatment op- “Fortunately, we had two very new treatments. exemption of unapproved drugs for tions currently approved by the FDA. close friends who are physicians,” said people with life-threatening illnesses, Paulina Morris also is involved in Diego’s mother, Paulina. The doctors efforts to get Right to Try laws passed. The patient’s treating physician must the family learned that they wouldn’t worked with the family to research the “We were blessed that we were able recommend the drug and attest that be able to start using the new drug in disease and optional treatments. They to take off and go to another country,” the patient meets all applicable criteria. time to save Diego’s life, because treat- learned there was a drug available to she said. But she knows others are not In addition, the patient is re- help prevent recurrence of the cancer, ment with the new drug, Mifamurtide, as fortunate. quired to give “informed consent,” ac- but it was not available in the United or MTP, needed to coincide with post- “We have to change the system knowledging that he or she believes all States. surgical chemotherapy. here in the United States,” she said. currently approved treatments are un- After undergoing 10 weeks of The family communicated with Spreading the word about Right likely to prolong the patient’s life and chemotherapy in Phoenix and having physicians in Israel, Italy, and Eng- to Try will save lives, Sandefur said. acknowledging the risks involved. surgery at St. Jude Children’s Research land, Paulina Morris said. They went Patients suffering from terminal ill- “What we really need to do is Hospital in Memphis, Tenn., doctors to Mexico City to talk to physicians nesses should ask their doctors if they change hearts and minds,” Sandefur found that the chemotherapy treat- there who’d used the new drug. They are eligible to take advantage of the said. “When you’re fighting for your ment had killed only 50 percent of the consulted with their congressional of- new law. life, you shouldn’t have to fight the tumor. Diego’s prognosis wasn’t good. fice, the drug company, and the FDA. Last year, the N.C. General As- government, too.” CJ Books authored By JLF staFFers Selling the Dream Why Advertising is Good Business

By John Hood PresidentChairman of ofthe the http://www.facebook.com/jlf.carolina.journal JohnJohn Locke Locke Foundation Foundation “[Selling the Dream] provides a fascinating look into the world of advertising and beyond ... Highly recommended.” Choice April 2006

www.praeger.com PAGE 6 APRIL 2016 | CAROLINA JOURNAL North Carolina N.C. Lottery Chief Gets Tough Questions From Lawmakers lamented the declining percentage of tery proceeds going for educational Garland also revived a long- lottery sales actually paying for educa- purposes has increased, from $315.56 standing argument over the size of the Legislators concerned tion programs. million in the 2006-07 fiscal year to lottery’s advertising budget. Currently, Garland told the oversight com- $521.2 million in the 2014-15 fiscal year. it cannot exceed 1 percent of the lot- that share of lottery mittee that 26 percent of sales now go Currently, 62.4 percent of lottery sales tery’s budget, but Garland is asking for to education. goes toward prizes. a boost to at least 1.25 percent, allow- revenue for education “I know After March ing the lottery to market games year- it’s not going 10 meeting, Jon round and pitch more games. away; I’m living Sanders, direc- She showed committee mem- has shown a decline with it,” Hurley tor of regulatory bers what she called a “very positive” By Barry Smith said of the lot- studies at the television commercial used by the Associate Editor tery. “However, John Locke Foun- New York lottery showing school-age RALEIGH I think it needs dation, also criti- children singing to convenience store egislative critics chided state lot- to be used for cized the decreas- customers, thanking them for buying tery officials for trimming back education.” ing proportion of tickets. the percentage of proceeds go- “Percent- lottery proceeds The ad did not sit well with the Ling to education and emphasizing the ages do matter,” going to educa- committee. Opponents have refused to long-term jackpot payout over the one- Hurley contin- tion. allow children to be used as “props” in time cash payout that many winners ued. “At first, 35 N.C. lottery ads. Dollar called the New receive. Garland percent of lottery York commercial “absolutely disturb- “If this were not a government- said a larger proceeds went to ing” and “absolutely dangerous.” run operation, it would be shut down share of lottery education fund- Rep. , R-Lincoln, who by the Federal Trade Commission,” receipts are go- ing,” Sanders co-chairs the legislative oversight com- Rep. Paul “Skip” Stam, R-Wake, said, ing to pay for said. “By 2013, mittee, said he understands that some referring to the Powerball advertise- lottery prizes in only 28 percent people, including legislators, would did. Now barely ments that display the long-term an- an attempt to like to do away with the lottery. But one-quarter of nuity payout. encourage more he doesn’t see that happening anytime lottery proceeds Alice Garland, executive direc- sales. soon. Alice Garland, executive director of the actually go to ed- tor of the North Carolina Education “The priz- “There are varying opinions on North Carolina Education Lottery, heard ucation funding.” Lottery, told a March 10 joint legisla- es that we pay the lottery,” Saine said. “There are several criticisms from legislators at a Sanders tive oversight committee meeting that is the product March 10 joint legislative oversight com- some that want to end the lottery. So also questioned the lottery office reports both the cash that we sell,” mittee meeting. instead of ending it in a quick fashion, the wisdom of es- payout figure and the larger long-term Garland said. death by a thousand cuts [through reg- tablishing a state-run lottery. jackpot payout. ulations] would be a legislative strat- “That’s what we’re in the business to “The lottery thrives off economic egy, possibly.” “We cannot control what the me- do. They’re not going to purchase our distress, as the most reliable predictors During much of the meeting, re- dia chooses to report,” Garland said. games if they do not feel like they have of lottery sales are poverty, unemploy- However, Rep. , R- a decent chance to win something.” ment, and property tax rates,” Sanders sponding to a request from the com- Wake, said that billboards generally Garland said that the focus of the said. “Now it seems we have to treat mittee, Garland offered a presentation show only the larger jackpot figure. lottery officials is the dollars that are it like the unwelcome guest we’re too on games and strategies used in other “People play more when they returned to the state for education. polite to usher out the door, so we’re state lotteries. do see this huge number,” Dollar said. “Every year, we have returned scrambling to find some other ways of Garland said that some states of- “They get it in their head that, ‘Hey, I more dollars than the previous year,” making it tolerable. I wonder if state fer Keno games. Others offer an “iLot- can be a billionaire.’ Well, you’re not Garland said. leaders would have made this gamble tery,” she said, allowing lottery games going to be a billionaire.” According to the N.C. Education years ago if they knew then what we to be played online, including on tab- Rep. , R-Randolph, Lottery Web page, the amount of lot- know now.” lets, laptops, and smartphones. CJ Locke, Jefferson and the Justices: Foundations and Failures of the U.S. Government Visit the new Carolina Journal Online By George M. Stephens

Preface by Newt Gingrich

“This book is about American politics and law; it is also about the roots of the Contract with America. A logical place to find the intent of the Founders is in Locke, [and] Stephens makes a contribution to highlighting this.” Newt Gingrich Former Speaker U.S. House of Representatives

http://carolinajournal.com Algora Publishing, New York (www.algora.com) APRIL 2016 | CAROLINA JOURNAL PAGE 7 North Carolina Obama’s Clean Power Plan Rules Called Costly and Ineffective Administration still to pursue the plan despite higher costs By Dan Way Associate Editor CARY uring his March 11 campaign stop in Raleigh, Democratic presidential hopeful U.S. Sen. BernieD Sanders, D-Vt., warned of plan- etary devastation from climate change unless the world shifts from fossil fuel- based energy to renewable forms of power. Meanwhile, U.S. Environmental Protection Agency chief Gina McCar- thy has said her agency would continue advancing the Obama administration’s Clean Power Plan — requiring states to impose costly emission-reducing regu- latory programs — even though the U.S. Supreme Court issued a stay halt- ing the plan after North Carolina and more than two dozen other states sued to stop it. Environmental regulatory analyst Jillian Melchior discusses the impacts of the federal Clean Power Plan at a recent presenta- “We are pleased the Supreme tion in Cary. (CJ photo by Dan Way) Court recognizes that the federal One private-sector study esti- has no enforcement mechanism. The tion’s expansion of regulations on fos- power plan will dramatically increase mates the energy regulations would United States and China also have sil fuels has made renewable energy North Carolina’s electricity rates with cost consumers as much as $39 billion committed to a pact under which the seem inexpensive by comparison, Mel- little, if any, environmental benefit,” annually, she said. Consumers in most U.S. would reduce carbon emissions chior said. N.C. Gov. Pat McCrory said in a writ- states will see double-digit hikes in by 32 percent between now and 2030, “We know about the subsidizing ten release when the stay was issued. electricity bills, and the poor would be but China made no promise to restrict of green enterprises and how many of “We will continue to fight the Obama harmed the most. its emissions until 2030, at which point administration’s illegal attempts to them are politically connected,” she She cited studies showing en- it would stop increasing them. said, noting that without taxpayer sub- take over North Carolina’s power sys- ergy now consumes about a third of “That’s another way of saying sidies, “many of them right off the bat tem.” the pre-tax incomes of families earning they’re going to keep growing for the go bust.” Jillian Melchior, who studies en- $30,000 a year or less. Black families next 15 years as we cut back fairly se- vironmental regulatory issues at the spend about 50 percent more of their verely,” Melchior said. The Obama administration is Colorado-based Steamboat Institute, take-home pay on China ap- confident it will prevail in the lawsuit said the Left is “doing something that energy than their proved 155 new brought by North Carolina and other is deeply unscientific” by claiming the white counter- coal power plants states challenging the emissions rules. science is settled on man-caused global parts do. Latino Studies show that “in the last year “The Clean Power Plan is based on a warming. families spend alone,” which strong legal and technical foundation, “We are adopting environmental about 10 percent ‘clean energy’ will produce the gives states the time and flexibility regulations that are symbolic at best, more than white equivalent of 40 they need to develop tailored, cost-ef- that are rooted in dubious science, families. efforts cost percent of U.S. en- fective plans to reduce their emissions, rooted in alarmism, and don’t actually She said a ergy capacity, said and will deliver better air quality, im- have a practical effect” on global tem- National Energy families billions Melchior. “They’re proved public health, clean energy peratures, Melchior said. Assistance Direc- each year growing fast. investment and jobs across the coun- Scientific studies of the impact of tors Association They’re getting try, and major progress in our efforts the Clean Power Plan show tempera- study concluded dirty fast.” to confront the risks posed by climate tures will decline “0.02 [degrees] Fahr- that to pay higher Meanwhile, change,” said White House Press Sec- enheit by 2100,” Melchior said. “This is power bills, between 20 and 25 percent U.S. air quality is at its cleanest levels of retary Josh Earnest. not going to make a difference for cli- of low-income families would give the past 20 years because of greater use Business leaders see the Supreme mate change.” up medical or dental care, 25 percent of natural gas, not renewable power, Court’s intervention as a sign the regu- That would reduce sea level rise would give up food for a day or more, Melchior said. “Nonetheless, the EPA lations will not stand. “The Supreme by “the equivalent of two sheets of pa- and one of five households reported a wants to put a preference on renew- per,” Melchior said. family member becoming ill because able energy” and use the Clean Power Court’s stay of this rule, and the D.C. The United States accounts for the family could not afford to heat its Plan to shut down coal- and possibly Circuit [Court of Appeals]’ order to only 5 percent of global carbon-dioxide home during cold weather or cool it natural gas-fueled power plants. hear the case quickly will ensure that emissions. If America got rid of its cars, “during extreme heat.” With the growth of hydraulic America will not be forced to make completely shut off electricity, and Obama says the Clean Power fracturing processes, “We now pro- costly and irreversible implementa- “goes back to the Dark Ages” in ener- Plan will inspire other countries to duce more oil than Saudi Arabia. We tion decisions based upon an unprece- gy use, the global temperature would lower their carbon emissions and now produce more natural gas than dented regulation until judicial review drop just 0.15 degrees, Melchior said. called the Paris Climate Conference a Russia,” Melchior said. That gives the is complete,” U.S. Chamber of Com- Melchior offered her comments resounding success. U.S. “a huge foreign policy advan- merce president and CEO Thomas on March 4 at the Civitas Institute’s But Melchior pointed out that tage,” a manufacturing boom, and Donohue said in a statement. Conservative Leadership Conference other countries are not bound by re- cheaper food and consumer goods. Arguments before the D.C. Cir- in Cary. strictions in the Paris accord, and it Even so, the Obama administra- cuit are set for June 2. CJ Hed here

PAGE 8 APRIL 2016 | CAROLINA JOURNAL North Carolina Celebration Muted as Obamacare Reaches Sixth Anniversary Balky providers, rising costs, people ignoring mandate dent rosy scenarios By Dan Way Associate Editor RALEIGH mid glowing promises of cost- cutting and expanded health care for all, on March 23, 2010, PresidentA Obama signed into law his signature . Since then, Blue Cross and Blue Shield of North Carolina, the state’s largest provider of individual coverage on the federal health exchange, suf- fered $405 million in losses in 2014 and 2015, and state Insurance Commission- er Wayne Goodwin has warned that insurers could pull out of the state’s individual insurance market because of the unsustainable costs. With that backdrop, some ana- lysts believe the nation should focus less on trying to insure everyone and consider other policy priorities to im- President Obama, Vice President Biden, and White House staff were all smiles on the day the Affordable Health Care Act, popu- prove health care. larly known as Obamacare, was passed in 2010. (White House photo) “Freeing up the supply side is the key,” economist Tyler Cowen, a domestic product, with diminishing miums will rise so high that the ex- ums the first nine months, run up their New York Times columnist and director returns in terms of life expectancy. “It’s change system will essentially become bills, and then don’t pay the final three of the Mercatus Center at George Ma- our whole basic system of public-pri- a high risk pool for moderate-income months of premiums. son University, said during a March 22 vate crony capitalism, noncompetitive, people who qualify for subsidies.” The increase in exchange enroll- presentation at the John Locke Foun- nontransparent, screwed up at every In an online forum March 22 dis- ment from 2015 to 2016 was just 10 per- dation. level of government health care.” cussing the Obamacare anniversary, cent, “a pretty convincing sign that the “I really would focus health care Devon Herrick, senior fellow at Mercatus Center researcher Brian Bla- individual mandate is not working as energies on freeing up the capacity for the Dallas-based National Center for se, who worked on the health care law intended,” Blase said. Young, healthy innovation, and having more freedom Policy Analysis, called the Affordable as a congressional staffer, said enroll- people are not buying insurance on of entry … sort of fighting a dog-eat- Care Act “a badly flawed piece of leg- ment has lagged far behind projections the exchange at projected numbers dog war over health care coverage,” islation” as Obamacare plans would be from national health policy organiza- because deductibles and premiums Cowen said. a bad deal for most people. tions when the law passed. The aver- are set high to cover the costs of older, The connection between having “The regulations and mandated age estimate, he said, was that 24 mil- sicker enrollees. health insurance and healthy living “is benefits are so expensive that propo- lion people would get coverage. Last year, 12 of 23 federal health actually a pretty tenuous one,” Cow- nents knew the program would col- When open enrollment for 2016 insurance cooperatives collapsed after en said. The Amish don’t buy much lapse without an individual mandate” closed Feb. 15, only 12.7 million people incurring losses that were too high to health insurance, yet have a longer life requiring uninsured people to buy were enrolled. Based on 2014 and 2015 sustain, Blase said. expectancy than the typical American, plans or pay a tax, Herrick said. experience, only 11 million are likely Most estimates are that between he said. “Despite the mandate, the ex- to qualify, and that number is likely to 15 million and 20 million people are in- Cowen believes lifestyle, hered- change system is suffering adverse dwindle to about 10 million enrolled sured through Obamacare. Blase said ity, diet, and environment have far selection. Premiums have risen to the by the end of the year, Blase said. many of them are enrolled in Medicaid greater influence on health than hav- extent that only those who qualify for A half-million people were re- — which provides substandard cover- ing health insurance. Dealing with subsidies enroll in the plans. More moved from exchange plans in 2015 age — rather than private insurance. those factors would provide a better than 80 percent of those enrolled get because they couldn’t verify their resi- A study last year from econo- return on investment than insuring ev- premium subsidies,” Herrick said. dence or citizenship. By the end of the mists at Dartmouth, Harvard, and MIT eryone, he said. Even with subsidies, the poli- year, only 8.78 million were enrolled. concluded that Medicaid enrollees re- By blending private- and public- cies are a bad deal for many enrollees. A significant number of people ceive only 20 to 40 cents of benefit for sector health care, costs will remain While estimates vary, about 25 percent game the system by entering through each dollar that Medicaid spends on high and rising, he said. of enrollees drop out by the end of special enrollment periods, falsely their behalf. “What we need is a system with the year, and, on average, patients re- claiming they had a life-qualifying “I think that study is pretty strong real price competition and transparen- main enrolled between eight and nine event such as loss of employer insur- evidence that a lot of the benefits of the cy,” Cowen said. “Educated consum- months on an exchange plan, he said. ance or an addition to the family, Blase coverage expansion are not worth the ers should know and care what a pro- To reduce premiums, many peo- said. They get services they need, then cost,” Blase said. Costs for patients en- cedure costs, and people should realize ple opt for deductibles so high they are drop off the rolls. rolled under Medicaid expansion are that not everything can be attained.” essentially paying for all their medical Others take advantage of a pro- higher than the government projected, But because Americans desire ev- needs out of pocket. vision in the law allowing individuals probably because states receive reim- ery treatment and procedure available, “I believe the exchanges will be- to be on an exchange plan for 90 days bursement for 100 percent of their care Cowen expects health care costs even- come less stable and ultimately fail,” without paying a premium, he said. and have no incentives to spend con- tually will reach 40 percent of gross Herrick said. “At some point the pre- Many exchange enrollees pay premi- servatively, he said. CJ APRIL 2016 | CAROLINA JOURNAL PAGE 9 Local Government Senate Democrat Walkout Caps Fiery NCGA ‘Bathroom’ Session By Barry Smith in the Senate passing the measure by a sary and was based on unfounded fear. Associate Editor unanimous 32-0 vote. “Let’s drill down and get to what RALEIGH In contrast, 11 House Democrats the intent of this particular legislation he General Assembly’s first spe- joined 71 Republicans in voting for the is,” said Rep. Rodney Moore, D-Meck- cial session in more than three measure. It passed that chamber, 82-26. lenburg. “This is really not about bath- decades convened by lawmak- Senate leader Phil Berger, R- rooms. This is about fear.” ersT rather than the governor ended in Rockingham, chided his Democratic Moore said that similar ordinanc- dramatic fashion: Senate Democrats colleagues and linked them to Demo- es have been passed in more than 200 walked out of the chamber moments cratic Attorney General , cities across the nation. He said, to his before their GOP colleagues voted the party’s nominee for governor. knowledge, there have been “not cata- unanimously to reverse a Charlotte “Senate Democrats followed the strophic incidents of assaults, of rapes ordinance allowing transgendered lead of Roy Cooper and refused to or anything.” He said the argument people to use the public restrooms they make protecting the safety of our chil- that the legislation had to do with pub- choose. dren a priority,” Berger said. “We’re lic safety doesn’t pan out. Almost immediately after receiv- not sure if their rhetoric was stronger Rep. , D-Meck- ing the bill from the General Assembly, than their convictions or if they expect- lenburg, and a candidate for the 12th Republican Gov. Pat McCrory signed ed to be embarrassed by a majority of Congressional District seat, said the the measure, which also established a Senate Democrats joining Senate Re- General Assembly shouldn’t meddle statewide nondiscrimination law for publicans in voting for common sense. in Charlotte’s affairs. public accommodations. The Charlotte State Sen. Buck Newton, R-Wilson, But either way, running out and duck- “This is to advance some political ordinance was set to take effect April 1, explains the measure overturning Char- ing this vote is a serious breach of their careers and tarnish some other politi- more than three weeks before the Gen- lotte’s so-called “bathroom” ordinance duty to their constituents.” cal careers in an election year,” Cotham eral Assembly’s scheduled short ses- on March 23 before a Senate committee. McCrory’s re-election committee said. “We must be a state that is inclu- (CJ photo by Kari Travis) sion will convene. Advocates on both released a video of a statement offered sive and welcomes everyone in North sides of the the legislation were quick in committee by Senate Minority Lead- Carolina.” their own policies regarding access to Bishop said the city of Charlotte to score political points during heated er of Wake County making their bathrooms. did not have the authority to enact the debate. what the governor’s campaign team The March 23 session was con- ordinance. The new state legislation re- vened by Lt. Gov. Dan Forest in his ca- said was the Republicans’ case: Cooper “The power of localities in North quires single-sex, multiple-occupancy pacity of Senate president and House could have prevented a special session Carolina comes from delegation by bathrooms and locker rooms in pub- Speaker Tim Moore, R-Cleveland, af- by challenging the ordinance in court. the General Assembly,” Bishop said. lic schools and public agencies, and ter two-thirds of the members of each “If the city of Charlotte had no au- “In the case of the Charlotte ordinance requires students to use the facilities body requested it. This was the first thority to do this, it would have taken passed in February, they exercised a based on their “biological sex,” or the legislative special session since 1981 15 minutes to get a temporary restrain- power that had never been delegated sex listed on a birth certificate. Lead that was not called by the governor. ing order, 10 days to get a preliminary to the city of Charlotte, or any locality, sponsor Rep. Dan Bishop, R-Mecklen- The Democratic exodus was un- injunction, and if it was so clear, then except for a few in their charter, but not burg, said someone who has sex-reas- derscored when the Senate reading a couple of weeks later to get a perma- Charlotte.” signment surgery can amend a birth clerk called the roll. When each Demo- nent injunction … without scaring the Rep. Paul “Skip” Stam, R-Wake, certificate to reflect the new sex status. cratic senator’s name was called, there bejesus out of the citizens of this state,” called the legislation a “common-sense The legislation also would over- was a moment of silence. Republicans Blue said. bill” ensuring the status quo in the ride any local ordinances related to responded with an “aye” when their As lawmakers and the governor state. discrimination practices. It prohibits name was called. discussed the prospect of a special “It protects privacy,” Stam said. localities from requiring private con- Normally, roll call votes are tak- session, Cooper said he saw no need “It also clarifies what units of local tractors to abide by regulations other en electronically. Democratic senators for the General Assembly to overturn government can do on a couple of dis- than those required by state law. Sup- complained that they’d been left out of Charlotte’s ordinance, instead suggest- puted issues.” Stam said that the state porters of the bill emphasized that pri- the process of drafting the legislation. ing that lawmakers had more pressing needed a consistent law statewide so vate businesses would be free to set The Democratic walkout resulted matters at hand. He released a video that businesses that want to grow or on the day of the session condemning expand don’t have to have different the legislative action. rules in different places. “North Carolina is better than During public comment periods, this,” Cooper says in his video. “Dis- people on both sides of the transgen- Visit the new crimination is wrong, period. That der bathroom issue made impassioned North Carolina is putting discrimina- pleas to lawmakers. They included 15-year-old Skye tion into the law is shameful.” He said Carolina Journal Online Thompson of Greenville, who told a that such action could end up costing Senate committee that he is a transgen- the state economically. Cooper also dered male. criticized McCrory for his stance on “I’ve felt bullied my whole life, the issue. and now I worry that my own state “The governor lit the match and lawmakers are bullying me as well,” stood aside while the fire blew out of Thompson said. He said transgen- control,” Cooper said. dered kids are bullied on a daily basis. Cooper’s stance wasn’t lost on Donna Eaton of Cary told the Sen. Buck Newton, R-Wilson, the Re- committee that she was molested as a publican nominee for attorney general. child. “I lived in fear of finding a man “The radical left-wing groups in my bathroom,” Eaton said. She and the liberal politicians like our at- said when she recently visited Massa- torney general are afraid to stand up chusetts, a transgendered person was to the political correctness model and in the bathroom. “Seeing this man in fight for common sense,” Newton said the bathroom brought me right back during a Senate committee meeting. to where I was years and years ago.” “They refuse to take action to protect She said without the bill over- the safety and the privacy of women turning the Charlotte ordinance, peo- and children.” ple with malicious intent would be al- http://carolinajournal.com Opponents of the bill argued that lowed to masquerade as transgendered the proposed new law was unneces- and take advantage of people. CJ PAGE 10 APRIL 2016 | CAROLINA JOURNAL Local Government Raleigh Putting ‘Finishing Touches’ on Sidewalk Dining Rules By Kari Travis “But it would have to go through an Associate Editor additional design review… and we are RALEIGH suggesting that the Appearance Com- he Raleigh Appearance Com- mission provide that.” mission’s recommendation for The commission’s recommenda- outdoor dining regulations, ap- tion is just one in a long string of ef- provedT unanimously March 17 for city forts to resolve an ongoing controversy council review in April, could turn surrounding private use of public side- some of the city’s previous rules up- walks in Raleigh’s downtown. side down. Conflict arose during May of The new proposal, which ad- last year when complaints about over- dresses signage, furniture, capac- crowding, noise, and vibrancy along ity, and set-asides for sidewalk dining the Fayetteville Street corridor spurred spaces, would eliminate stanchions the city council to take action. Initial except for special circumstances, said recommendations involved stripping Brian O’Haver, chairman of the com- patio privileges only from bars and mission. The commission instead has private clubs. Bar owners protested, proposed using medallions — markers and the city responded by proposing that would be laid into the sidewalk — an alternate “pilot program” placing to delineate patio space. curfews and capacity limits on outdoor Additionally, the proposal urges dining for both restaurants and bars. council members to lift the current pa- The city council reviewed the tio capacity limit of 15 square feet per Appearance Commission Chairman Brian O’Haver discusses final details of a side- three-month program late last year, person, allowing more flexibility to walk dining rules recommendation that may go before the city council in April. (CJ making way for further discussion manage space. photo by Kari Travis) about the appearance of sidewalk fur- “If you meet all of your clearance picnic tables from the Fayetteville be for public use regardless of who the niture and stanchions. Members of the requirements and you end up at 14 Street corridor but allow them on other public is.” council moved that debate to the Ap- square feet per person instead of 15 — downtown streets. Tables would be Oversized “communal tables” pearance Commission for a six-week you’ve got all of your clearances, and regulated to two or four-person capac- that fall outside the proposal’s pa- study and work session. that’s the area that you have — we’re ity, and could remain on sidewalks rameters, but that are not classified as The study and review process suggesting that council go back and when bars and restaurants were not picnic tables, also might be allowed, instead took more than two months to take a look and perhaps allow that,” open — so long as the furniture re- O’Haver said. complete. O’Haver said. mains accessible for public use. “We want to allow [business The proposal will be reviewed “We’re saying there could be situ- “You can’t take a really small owners] to at least have that [request] by District E Council Member Bon- ations where you could fit more people chain and chain [the furniture] all up considered,” he said. “Instead of put- ner Gaylord, the city council’s liaison and still meet all of the requirements, so that you can’t use the tables dur- ting that on city staff, we’re saying to the appearance commission. With so we think they should reconsider ing nonbusiness hours,” O’Haver that if you go above this standard bar Gaylord’s approval, the recommenda- how they calculate [that],” he contin- said. “[W]e’re saying is that it’s public table size [42 inches by 42 inches], but tion will be scheduled for consider- ued. space, and the argument is that these meet [some] of those dimensions, then ation at the April 19 meeting of the city The proposal also would ban tables are for public use. They need to it could still be permissible,” he said. council, O’Haver said. CJ Boone ETJ Case Could Affect Land-Use Regulations Statewide By Barry Smith side of their city or town limits. While stitutional,” Phillips said. there is no prohibition on the General Associate Editor people who live in such ETJs don’t pay Justice Paul Newby noted that Assembly enacting a local act related RALEIGH taxes to the municipality, their land can the “state Constitution gives the Gen- to giving cities and towns extraterrito- n late March, the state’s highest be regulated by the city. They also are eral Assembly the authority to give rial jurisdiction. court took up the issue of whether not allowed to vote in the municipal- such powers and duties to cities, coun- “So we should be reasonably able the N.C. General Assembly ex- ity’s elections. ties, and towns that they deemed ad- to agree that there would be an oppo- Iceeded its constitutional limits in 2014 Eggers said because residents of visable.” site view that the Constitution does when it revoked the Town of Boone’s the Boone ETJ had no other effective Newby asked Phillips if a broad not restrict the General Assembly in re- extraterritorial zoning powers. representation, members of the Gener- reading of the prohibition on local leg- moving territory in a local act, which is Lauren Clemmons of the N.C. al Assembly were the only people with islation affecting health and sanitation what the Boone Act does,” Clemmons Department of Justice and Watauga any authority who could help them. might “eviscerate” the General Assem- said “It removes territory.” County Attorney Stacy Eggers urged Jim Phillips, arguing for the Town bly’s ability to move any boundaries. Clemmons noted that municipal- the N.C. Supreme Court to reverse a of Boone, said that the Boone Act is un- “Your honor, I don’t think so,” ities other than Boone lack extraterrito- lower court ruling invalidating the law. constitutional because the N.C. Con- Phillips responded. He said the town rial zoning powers. Eggers said that the law, com- stitution prohibits local acts relating to is complaining about the General As- The Boone Act was introduced monly called the Boone Act, was health, sanitation, and nuisances. sembly’s action related to regulatory by Sen. Dan Soucek, R-Watauga, who passed to address abuses by the Boone Local acts are bills passed by the authority that goes to health and sani- said that the Town of Boone was abus- Town Council. General Assembly that affect 15 coun- tation. ing its ETJ powers by regulating areas “The citizens sought a remedy of ties or fewer and do not apply state- “But every change of boundaries that it never intended to annex. relief from a board which they cannot wide. is going to impact it,” Newby said. Last year, a three-judge Superior vote for and were simply in a situation Phillips said the Boone Act, if “Your honor, I would agree that Court panel ruled the Boone Act un- of regulation without representation,” upheld, would prevent the town from the General Assembly has broad au- constitutional. Eggers said. enforcing safety standards in its build- thority to set boundaries that are city The Supreme Court took no im- Extraterritorial zoning jurisdic- ing code. limits and county lines,” Phillips re- mediate action. Typically, the court tion allows cities and towns to apply “The fact that the General Assem- sponded. issues rulings within a few months of zoning powers in limited areas out- bly enacts a law does not make it con- Clemmons told the court that oral arguments. CJ APRIL 2016 | CAROLINA JOURNAL PAGE 11 Local Government Court Says Modernist House Appropriate For Neighborhood permit and begin construction, facing a a neighbor must demonstrate that she property. risk that they might be required to tear is an “aggrieved party” under the law This did not end the matter, as Raleigh controversy the house down if the commission’s and would suffer “special damages” Wiesner also alleged that she should decision to issue the certificate was as a result of the proposed use. State have been allowed to supplement the captured national overturned on appeal. courts have defined special damages record at trial with affidavits showing And there was an appeal. Wi- as economic damages such as a loss of that she indeed would suffer special media attention esner contested property value or damages. The Court of Appeals was the commission’s other adverse ef- not impressed by this argument, find- By Michael Lowrey ruling before the The North Carolina Courts fects; they are dis- ing the affidavits unhelpful. Associate Editor Raleigh Board tinct from those As an example, in one affidavit, RALEIGH of Adjustment. other property Wiesner complained that the modern- ne of the best-known hous- In early 2014, owners in the area ist house had led to “gawker traffic.” es in one of Raleigh’s older the board sided would suffer as a Even if this were true, Stroud noted that the affidavit stated the in- neighborhoods is also among with Wiesner. But result of the pro- creased “gawker” traffic had been itsO newest. In 2013, Louis Cherry and Cherry and Gor- posed land use. caused by the intense media attention Marsha Gordon applied to build a don then sought The Court of modernist house in Raleigh’s Oak- attracted by the battle over the house’s judicial review of Appeals rejected design, not by the house itself. wood neighborhood, where most ex- the board’s de- Wiesner’s claim. “This is simply not the sort of in- isting houses are from the Victorian era termination. In “Even if she is cor- creased traffic our prior cases have ad- or have similar designs. The resulting a September 2014 decision, Superior rect in her assessment of the Cherry- dressed as part of the basis for stand- controversy generated both consider- Court Judge Elaine O’Neal Bushfan Gordon house’s design, respondent ing of an adjacent property owner to able national news coverage and con- ruled against the board and reinstated has failed to show that she is an ‘ag- challenge a permit, since traffic is not siderable legal expenses as a neighbor the commission’s grieved party’ as generated by the usual or intended use challenged whether a modernist house determination that the law defines of the Cherry-Gordon house or prop- was appropriate for the neighborhood. the house was ap- that term, so the erty itself but is generated only by the In a February ruling, the state’s second- propriate for the Opponents didn’t Superior Court’s media coverage of the controversy sur- highest court sided with the owners of neighborhood. order reversing rounding its construction. The Cherry- the new home. Wiesner then took want modern the Board’s deci- Gordon house is a 2,580-square-foot Oakwood is a designated historic the next step and sion was correct single-family residence, and the record district. Under the rules for the district, brought the issue home located and we affirm it,” shows that it would generate exactly a certificate of design appropriateness before the N.C. wrote Judge Don- the same type of ‘traffic’ in its normal from the Raleigh Historic Develop- Court of Appeals. in historic na Stroud for the use as respondent’s home or any other ment Commission is required for new The key is- neighborhood Appeals Court. single-family residence of similar size.” construction. Before the commission, sue before both Wiesner’s Court of Appeals rulings are several people stated their belief that the trial court and petition to the binding interpretations of state law the proposed modernist structure was the Appeals Court Board of Adjust- unless overruled by the N.C. Supreme not at all consistent with the other was whether Wiesner actually had the ment stated that the Cherry-Gordon Court. Because the ruling by the three- houses in the area. Among those ex- right to challenge the commission’s house would “harm the character of judge panel of the Appeals Court was pressing displeasure was Gail Wiesner, issuance of the certificate before the the neighborhood and contribute to unanimous, the high court is not re- who lives across the street from Cherry Board of Adjustment. The legal term erosion of the neighborhood’s value.” quired to hear the case if Wiesner files and Gordon’s lot. for this is “standing.” Under North The Court of Appeals found that this additional challenges regarding the The commission ultimately ap- Carolina law, owning adjacent proper- did not rise to the level of special dam- house’s design. proved the house, and Cherry and ty does not, by itself, confer standing to ages, as Wiesner’s claim either was The case is Cherry, v Wiesner, (15- Gordon proceeded to obtain a building challenge a land use decision. Instead, purely aesthetic or not limited to her 155). CJ

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http://youtube.com/johnlockefoundation1 PAGE 12 APRIL 2016 | CAROLINA JOURNAL From Page 1 Randolph Megasite Years Away From Prime Time Continued from Page 1 another railroad company, Norfolk Southern, owns the rail line adjacent to the site. (See http://bit.ly/1V108vY) NCRR President Scott Saylor told CJ that the board approved participation in the megasite project as part of the company’s broader economic develop- ment mission. On Jan. 5, Saylor wrote Randolph County commission chairman Darrell Frye, Megasite Foundation Chairman Jim Melvin, and Greensboro Mayor Nancy Vaughn, stating that NCRR “has reached agreements to purchase approximately 875 acres of land locat- ed within the 1,450-acre Greensboro- Randolph Megasite.” While the total price was not revealed in the letter, NCRR officials confirmed to CJ and other news sources that NCRR would spend $13 million, even though its an- nual report said that in 2014 the rail- road made about $4 million in net in- come, and at the end of that year it had less than $5 million cash on hand. Nearly three months later, NCRR has not closed on any of the 19 par- cels it is expected to buy. When asked about the status of land purchases and the source of funds, NCRR Chair- man Franklin Rouse wrote, “We have worked diligently with key partners to move the Greensboro-Randolph Megasite forward and assemble the The Greensboro-Randolph Megasite is located in the northeast corner of Randolph County, and lies between U.S. 421 on its western boundary and the Norfolk Southern Railway line on its northern boundary. (CJ graphic) land needed to attract a large-scale manufacturer to the state, and we re- mary for two seats on the five-member skeptics.” The two new commissioners spoken critics of of the process that main committed to this effort. Randolph County Board of Commis- will join David Allen, “who has spent led the county to invest heavily in “As we stated in our discussion sioners made clear that two megasite- his first year on the board as its lone the megasite. Kemp and Lanier were with you in January, we are in the pro- friendly incumbents had lost their voice of caution” regarding the mega- strong supporters of the megasite proj- cess of completing our due diligence re-election bids. Randolph County is site, according to the N&R. ect. on the properties within the site, with heavily Republican, and since no Dem- Kenny Kidd, an Asheboro finan- “As a taxpayer, I could not get a closings expected within the next few ocrats had filed for either seat, in De- cial adviser and former chairman of straight answer about anything deal- months,” Rouse added. “The purchase cember the two primary winners will the Randolph County Republican Par- ing with the megasite,” Kidd said. of these properties will be funded in join the commission. ty, beat commissioner Phil Kemp, win- “Randolph [County] is still the major part through sales of legacy properties Five days after the election, the ning 60 percent of the vote. Accountant stakeholder, and we need to be careful no longer used for railroad purposes.” Greensboro News & Record noted the Maxton McDowell won a three-way moving forward with this. I won with Changing political climate significance in a story headlined, “In a race, with incumbent commissioner 60 percent of the vote, and I feel that dramatic shift, new Randolph commis- Arnold Lanier placing third. The March 15 Republican pri- sioners create a majority of megasite Kidd and McDowell were out- Continued as “Randolph,” Page 13 Commerce Chief Skvarla Recuses Himself from Megasite Discussions n November, N.C. Secretary of Commerce John became commerce secretary in January 2015. Skvarla joined the 13-member North Carolina Skvarla apparently has acknowledged the potential conflict. In an email, Railroad Company board of directors, placing commerce spokeswoman Kim Genardo wrote, “The secretary has made it himI in an unusual position. As commerce chief, he clear to fellow NCRR board members that he will recuse himself from any would play a significant role in crafting any incentive vote or discussion on this topic.” package offered to a large company considering the Though Skvarla was appointed to the NCRR board in November 2015, Greensboro-Randolph Megasite or North Carolina’s his appointment was not announced until late March. In a March 21 press other two megasites, located in Chatham and Edge- release from Gov. Pat McCrory regarding appointments, Skvarla, Jake Alexan- combe counties. Because the NCRR board has become a partner der of Rowan County, and Douglas Stafford of Stanly County were named to in the Greensboro-Randolph Megasite, and agreed to the NCRR board, even though Skvarla had been listed as early as January as a spend $13 million to buy 862 of the 1,400 acres desig- N.C. Commerce Secre- board member on the NCRR website. tary John Skvarla nated for the site, Skvarla faces a potential conflict of Genardo said she had “confirmed with NCRR that Secretary Skvarla was interest. appointed in November 2015 and attended his first NCRR meeting that month. He This possible conflict should be no surprise, given the composition of attended NCRR’s board meeting in January as well. So he has attended two board the NCRR board. Legislative leaders appoint six board members, and the gov- meetings, November 2015 and January 2016.” On Jan. 5, the board announced ernor appoints the other seven. By law, one of the governor’s appointments its intention of buying land for the Greensboro-Randolph Megasite. CJ “shall be be the secretary of commerce or the secretary’s designee.” Skvarla ­— DON CARRINGTON APRIL 2016 | CAROLINA JOURNAL PAGE 13 From Page 1 State Bar Fights Professional Misconduct Charges Against Cooper

Continued from Page 1 member of the State Bar, he has a sincere interest in seeing the agency Boyce, Gene’s son. perform its duties, and that the State Cooper won that race and has Bar encourages attorneys to report been attorney general since 2001. Coo- evidence of misconduct by other attor- per won the March Democratic prima- neys. ry for governor and will face Gov. Pat Boyce also noted, as he did in his McCrory in November. initial complaint, that the State Bar has Boyce claims that during the 2000 set a precedent in dealing with the al- campaign, Cooper knowingly made leged misconduct of an attorney who false statements in political ads that posed a conflict of interest for the State harmed the reputation of Boyce and Bar. Faison Hicks, who is a special his law partners. A trial court judge deputy attorney general in Cooper’s dismissed the lawsuit, but appellate office and has served as a counsel for courts ruled in Boyce’s favor on sev- the State Bar, signed documents claim- eral occasions, and in 2014 the matter ing he had attended continuing legal was scheduled to go to trial. education programs sponsored by the The dispute appeared to be over Attorney Gene Boyce, who is alleging professional misconduct against Attorney State Bar but in fact did not attend all in April 2014 when Cooper issued a General Roy Cooper, has funded an eponymous center for advocacy at Campbell the classes. written apology to Boyce for state- Law School. (CJ photo by Don Carrington) The State Bar lodged a griev- ments Cooper’s political campaign campaign. In addition, even if Boyce had ance, claiming that Hicks engaged in made in the political ads. The parties In 2015, Boyce made an $8 mil- standing, the declaratory judgment he dishonesty, fraud, deceit, or misrep- signed an agreement ending the civil lion gift to Campbell Law School in seeks was not an appropriate vehicle to resentation. Normally, the State Bar action, but Boyce’s complaint says that Raleigh. The school has used the mon- compel action from a state agency. would handle an investigation and Cooper’s conduct is a separate issue ey to establish the G. Eugene Boyce Finally, the State Bar claimed that discipline if necessary. But because of that the State Bar must address. Center for Advocacy at the school’s Boyce’s lawsuit against Cooper “was Hicks’ relationship with the State Bar, Wake County Senior Resident Raleigh campus. Boyce has practitio- fully resolved and is final. Accord- it asked the staff of the Georgia State Superior Court Judge Donald Stephens ner-in-residence status at the school, as ingly, all questions of civil law liability Bar to investigate the matter, and Ste- is handling the case. Boyce told Caro- well as office space. related to his alleged private injury are phens agreed to handle any discipline. lina Journal that he expects a hearing in moot.” Stephens ruled that Hicks engaged in early May. Motion to dismiss Boyce’s response, submitted professional misconduct and issued a Boyce has been practicing law March 28, said his complaint concerns public reprimand. since 1956. He served as assistant chief The State Bar claimed Boyce the ethical duties of the State Bar and Boyce argued that with this prec- counsel to the Senate Watergate Com- doesn’t have “a legally cognizable the statutory principles of “conflict of edent in place, the State Bar should mittee, working with U.S. Sen. Sam interest in the controversy and lacks interest.” He said a declaratory judg- consider choosing independent enti- Ervin, D-N.C., on the investigation of standing to pursue his alleged claim as ment is appropriate in this situation. ties to decide this dispute involving President Nixon’s 1972 presidential a matter of law.” He said that as a dues-paying Cooper. CJ Randolph-Greensboro Megasite Years Away From Prime-Time Project

Continued from Page 12 assessing transmission access to the Department of Commerce made a $1.7 emails and phone messages requesting site, including availability and timeline million grant to Randolph County in information about the management it was a referendum on this issue. My for completion of such infrastructure.” 2012 to support the development and structure of the megasite project. opponent campaigned as a supporter Pettit said Duke will proceed acquisition of a megasite. Randolph The Megasite Foundation’s of this project,” he said. with a transmission line siting plan County turned the money over to PTP. website directs inquiries to Renfro “I told voters if you want some- after some entity associated with the The groups eventually settled on the or Greensboro Partnership President one to rubber-stamp everything that megasite pays for the study. He said it current location. Brent Christensen. The partnership — says megasite, I am not your guy. I will could cost several hundred thousand David Powell, chief executive of- a private organization handling eco- ask hard questions before we move dollars and said those costs could not ficer of PTP, resigned in January 2015. nomic development efforts for Greens- forward. My opponent was the rubber- be passed along to ratepayers. The megasite was a high priority for boro and Guilford County — has not stamp for the megasite,” Kidd said. The process is lengthy and is sim- PTP. responded to questions regarding ilar to the siting of new highways. A In February 2015, immediately Duke Energy service to the site or the Duke Energy transmission line corridor is typically after Powell’s resignation, former project in general. Greensboro Mayor Jim Melvin formed Attorney Alan Ferguson, a found- A 500 kilovolt Duke Energy at least 100 feet wide. Duke can use the Greensboro-Randolph Megasite er of the Northeast Randolph Property transmission line crosses through the eminent domain to acquire transmis- Foundation with the stated purpose Owners, a group established to oppose center of the megasite, but that line — sion line easements from landowners unwilling to provide them. of acquiring land for the site — bring- the megasite, told CJ he has concluded an essential part of an electrical grid — ing an additional player to the poten- that no one is in charge. “It’s also an is not available for the use of the mega- Randolph County Economic Development Commission President tial management and oversight of the objection our group has publicly raised site or any other retail customer. The project. for over two years. Hundreds or even Megasite Foundation’s website has a Bonnie Renfro told CJ, “My under- standing is that the Greensboro-Ran- In April 2015, PTP learned that thousands of surrounding residents map showing the location of three fu- Powell had been involved in “financial are affected, and millions of public dol- ture Duke Energy 115 kilovolt power dolph Megasite Foundation will pay for the study using private funds.” irregularities” and asked the Greens- lars invested, and yet there is no one lines entering the property on the boro Police Department to investigate really running the show,” he said. south side. Area residents, however, No one in charge the matter. In January 2016, the Guil- A competing site named the Cha- have told CJ that Duke representatives ford County district attorney’s office tham-Siler City Advanced Manufactur- have informed them the power lines The actual leadership of the charged Powell with two felony counts ing Site, located in Chatham County, 10 would run four miles and come from megasite project remains unclear. The each of embezzlement and obtaining miles from the Greensboro-Randolph the north. Piedmont Triad Partnership, a regional property by false pretense. He was site, has been developed with no public Duke Energy spokesman Tim economic development organization scheduled to appear in court March 28, funds. It contains approximately 1,800 Pettit would not confirm the location based in Greensboro, initially spear- but a judge allowed the case to be con- acres, and the state of North Carolina of the power lines, saying only, “Duke headed the project. PTP began work- tinued, and a new date has not been set. certified it in June 2014 through its NC Energy is working with the local com- ing in 2010 to identify a megasite loca- Neither Melvin nor anyone rep- Certified Sites program. The Chatham munities of the economic development tion. Randolph County and the city of resenting the Megasite Foundation County site has no known opposition megasite on a high-level strategy for Greensboro later joined the effort. The has returned or responded to repeated from local residents. CJ PAGE 14 APRIL 2016 | CAROLINA JOURNAL Education Spellings Promises Accountability, Transparency at BOG

By Kari Travis On March 1, her first day on the Associate Editor job, Spellings was greeted by student FAYETTEVILLE protests at six campuses around the ransparency will be a top focus state. for the UNC system’s adminis- UNC-Chapel Hill’s campus was tration in the coming year, Presi- the hub of the action, with a few hun- dentT Margaret Spellings said March 4 dred students walking out of class to during her first official presentation to assemble on the quad. The familiar the Board of Governors. chants that have erupted at meetings At the Fayetteville State Univer- of the Board of Governors over the past sity campus, the former U.S. secretary several months were raised once again of education in the George W. Bush as students voiced their disapproval of administration emphasized the im- Spellings’ record. portance of public trust, and assured “Whose university? Our univer- members of the faculty and student sity!” The crowd shouted. body that their input will be valued Other protests occurred at Ap- under her leadership. palachian State University, N.C. A&T “In my tour [of the campuses], State University, UNC-Charlotte, and [in] day-to-day operations, I want UNC-Greensboro, and UNC-Wilming- to see us have long and lasting partner- UNC system President Margaret Spellings chats with Board of Governors Chairman ton. ships — and even friendships — with Lou Bissette at the March 4 board meeting in Fayetteville. (CJ photo by Kari Travis) Spellings, who was doing a radio all stakeholders, from students and ous board meetings have raised con- Working with the General As- interview during the protests, said she faculty, to legislators, to civil rights and cerns about violations of the state’s sembly to ensure university funding didn’t find the demonstrations upset- faith leaders,” Spellings said. open meetings law, Bissette said. He and other resources is also crucial, she ting. Questions about a lack of trans- hopes to solve that problem by articu- said. “It’s just life in public service parency were raised last year following lating guidelines in the coming days to “We can achieve some early leg- these days — welcome to the NFL,” the abrupt firing of former President inform attendees of the university’s ex- islative wins, and performance-based Spellings said during the interview. Tom Ross and the controversial hiring pectations for acceptable behavior. pay is at the top of my list,” Spellings “But I hope that these folks will give of Spellings as his replacement. The “We welcome everyone to our said. “In order to attract world-class me a chance and get to know me, and conflict surrounding those proceed- meetings, and we invite you to this talent to our institutions, we need to my work and acts will speak for them- ings led to the resignation of former [new] format where you can make offer competitive compensation.” selves over time.” CJ Board of Governors Chairman John your comments to the board,” Bissette Fennebresque and sparked an effort to said. “This has not been done in the educate BOG members on proper use past, but will be done in the future — of North Carolina’s open meetings law. so I’m hoping that we will not have the The board’s efforts to increase kind of disruptive behavior we’ve had Carolina Journal Online transparency started with the March 4 in the past.” meeting, which included establishing Spellings, who said she plans to now optimized for live stream video of all open-session gather input from everyone within board meetings, opening public dis- the system, said she welcomes com- your mobile device cussion forums to allow members of ment from Faculty Forward and other the public to offer suggestions to board groups, given use of proper channels. members, and communicating expec- “We believe it’s appropriate to tations for decorum at all meetings, have a public forum where all voices board Chairman Lou Bissette said. can be heard, where they can present UNC-Chapel Hill associate pro- to the board and me, and where we fessor Altha Cravey, a Faculty For- can receive those comments,” Spell- ward Network member whose protest ings told Carolina Journal. “Right now against Spellings disrupted a board we don’t have such a forum, and so I meeting last December, said the cur- think that’s a good first step.” rent BOG had not satisfied critics’ con- In addition to ensuring more cerns. transparency within the system, Spell- “I’m concerned that the UNC ings also said she plans to tackle issues system is going in the wrong direc- of access, affordability, student suc- tion,” Cravey said at a protest before cess, and economic impact during her the board meeting. “We’ve seen that in first 100 days in office. the last year. We’ve seen Tom Ross get “I intend to utilize the talent of fired, we’ve seen [academic] centers the General Administration team,” close with no citizen input, no faculty Spellings said. “We must have the right voice, no student voice — and in fact people doing the right things. We must now we’re seeing centers being opened dissolve silos and encourage collabora- that are just being funded by million- tion, transparency, and effectiveness.” aires and that are opposed by faculty.” Under Spellings’ direction the “[The board] does not have a Boston Consulting Group, a multina- public comment,” Cravey continued. tional business management firm, is “They have not offered the opportunity conducting a study of all UNC opera- for student voice, or for faculty voice. tions. The firm will report to her with This is the problem … they’re actually recommendations. excluding people from their decision “After considering the report, making, as we also saw in their closed I plan to act quickly to institute the meetings when they had the [presiden- changes we need to be fully effective tial] search process going.” and to accomplish our goals,” Spell- carolinajournal.com Rowdy demonstrations at previ- ings said. APRIL 2016 | CAROLINA JOURNAL PAGE 15 Education UNC System Campus Free Speech Bill Readied For Short Session agree with us, and survive it, and grow up. … The world’s not a safe place, and National Review’s you need to prepare yourself for that.” He said children have been “so Ponnuru discusses encouraged, and rewarded, and pro- tected, not just by the culture, but by their parents, and sort of told so much free expression that they’re special snowflakes that By Dan Way they can’t handle disagreement.” They Associate Editor believe they champion diversity “until RALEIGH they actually encounter it.” ith the General Assembly’s Ponnuru, of Asian Indian de- special session over Char- scent, believes the First Amendment lotte’s transgender bathroom is at risk, as evidenced by young peo- lawW concluded, Lt. Gov. Dan Forest will ple believing it should be illegal to be turning his attention to a Campus say something offensive to minority Free Expression Act meant to protect groups. free speech on UNC system campuses, He said that is “a very danger- strike down restrictive speech codes, ous attitude that has to be combated and punish those who attempt to stifle because these are the people who will public discourse. be voting and making laws,” and that Forest spokesman Jamey Falken- is why he is making a tour of college bury said the bill would be ready to file campuses at his own expense advocat- during the first week of the regular leg- ing free speech. islative session, which opens April 25. During his remarks to students, “Because of the bathroom ordi- Ponnuru said free speech must be de- nance, we really put this on the back National Review senior editor Ramesh Ponnuru said at a Duke University appearance fended constantly. Maintaining open burner” while lawmakers were meet- that he wants “universities to remember that their mission should be to encourage dialogue is a fragile achievement, and ing to craft a statewide nondiscrimina- robust debate in the service of pursuing truth.” (CJ photo by Dan Way) many societies don’t safeguard expres- sion to the degree the United States tion policy on public accommodations, the ages of 18 and 34. tims” of political correctness for saying does. Falkenbury said. “We haven’t lined up “When you attend a public something that offended someone. Many university administrators sponsors yet” or determined if the leg- school, you shouldn’t have free-speech Generation Opportunity was side with student protesters and be- islation would be modeled after laws zones. The whole thing is a free-speech among several organizations that already passed in New Hampshire, lieve it would be wrong to resist their zone,” Gravely said. sponsored a speech March 23 at Duke demands, so they support suppression Missouri, or Virginia. Free speech is vital especially on a University by Ramesh Ponnuru, senior “We’re going to do one that’s best of speech, he said. college campus because it is “a bastion editor of National Review magazine and The proper answer to being of- reflective of what needs to happen here of ideology, and marketplace of ideas, visiting fellow at the American Enter- in North Carolina,” Falkenbury said. fended “is not to go call Mommy, and that’s something that should be prise Institute, whose research areas or this committee, or the university “I think that’s fantastic. I think protected,” she said. include constitutionalism. it’s a great way to ignite a fire under administration, or the police,” Pon- While her organization has found Ponnuru, a self-described classi- nuru said. “You need to have a certain the Board of Governors, and it’s a great robust support for free speech on cam- cal liberal, gave some support to the way for students to really feel protect- amount of psychological resilience in puses from the Triangle to Charlotte, concept of the Campus Free Expres- the face of disagreement.” ed,” said Anna Beavon Gravely, North some administrations “are not friendly sion Act during an interview with Car- While advocating free speech, Carolina state director for Generation to it,” Gravely said. Off-campus activ- olina Journal. Ponnuru told the students, “There is Opportunity, a public policy organiza- ists try to blunt it. “You have profes- “I think at public universities it no ironclad principle that protects peo- tion advocating individual liberty and sors who are not friendly to it, and you may make sense to do something like ple from ever facing economic pres- entrepreneurship for people between have professors who have been vic- that, but in general I’m more in favor sure because of their views.” of sound internal governance by these As an example he cited the Char- institutions,” Ponnuru said. lotte twin brothers David and Jason He prefers government not dic- Benham, former professional baseball Keep Up With the tating “what kind of policies they players and later successful real estate should have for their faculty and so businessmen who signed a deal for a forth. I don’t really want them doing reality series on HGTV. The cable chan- that at Duke, either, but I do want uni- nel pulled the plug after backlash from General Assembly versities to remember that their mis- homosexual groups over the brothers’ sion should be to encourage robust de- support for North Carolina’s constitu- bate in the service of pursuing truth.” tional amendment declaring marriage Be sure to visit CarolinaJournal.com Conservatives, libertarians, and between a man and woman. classical liberals too often don’t speak “But even if tolerance is not an often for the latest on what’s going on dur- out for fear of assumptions being made ironclad and universal notion, it’s a about them through the lens of politi- valuable disposition,” Ponnuru said. ing the North Carolina General Assembly. cal correctness, he said. “It should not need saying, but unfor- “If you are refusing to speak tunately does, that in our society there CJ writers are posting several news sto- up for that reason, how different are are good people on both sides of de- you from somebody who’s shrinking bates” on burning cultural issues. ries daily. And for real-time coverage of in terror because they see something “We can’t be so convinced of the chalked on a sidewalk with which they rightness of all of our views that we breaking events, be sure to follow us on disagree?” Ponnuru asked, referring seek to impose them rather than to pro- to a recent controversy at Emory Uni- pose them. We can’t be so thoroughgo- Twitter: versity, where students said they felt ing in our skepticism that we refuse to “threatened” because presidential can- protect individual rights,” Ponnuru didate Donald Trump’s name had been said. “It is a delicate balance. That is CAROLINA JOURNAL: http://www.twitter.com/CarolinaJournal written in chalk on a campus sidewalk. why free speech is a cultural as well as JOHN LOCKE FOUNDATION: http://www.twitter.com/JohnLockeNC “We all have to be willing to engage in legally, and political achievement, and debate, and allow other people to dis- that is why it is always fragile.” CJ PAGE 16 APRIL 2016 | CAROLINA JOURNAL Education Opinion Federal ‘Jungle of Red Tape’ Crushing Colleges and Universities ublic and private universities in education man- policies, Southern The task force made several solid the United States are regulated dates increased by Association of Col- recommendations aimed at easing the to the nth degree. 56 percent from Issues leges and Schools regulatory burden and curtailing Edu- PFederal, state, and local higher 1997-2012. accreditation cation Department excesses. Some are education laws seem to multiply by Case stud- in rules, and NCAA intended to streamline state authoriza- the hour. Bureaucrats now dictate ies reveal just Higher Education policies. They also tion of distance education programs, campus policies regarding academ- how burdensome must respond while others are meant to make ics, sexual assault, athletics, dining, compliance can be. to demands by the verification process for student technology, employment, campus Vanderbilt Univer- the agencies that construction, and sity, which recently enforce federal and financial aid more efficient. Some of student health, analyzed its federal state laws. the factors that contribute to the rising among other compliance costs, Not surpris- costs, however, were not addressed in areas. Meanwhile, found that they accounted for $150 ingly, federal compliance is especially the report, such as the Sarbanes-Oxley schools devote million — or 11 percent — of the uni- onerous. A study of 13 colleges and law (which has increased colleges’ in- millions of dollars versity’s 2013 expenditures. (Vander- universities published in October by ternal audit costs) and recent changes and valuable re- bilt announced that for each student, the Boston Consulting Group found to Title IX of the Civil Rights Act (now sources to comply those compliance costs “equate to that federal compliance amounts to requiring schools to concentrate more with those rules approximately $11,000 in additional between 3 and 11 percent of yearly resources on sexual assault issues). — many of which tuition per year.”) expenditures (6.4 percent was the While the report’s recommenda- confuse and do North Carolina’s universities are median). The study estimated that tions are a good start, more is needed little to improve JENNA not immune from such problems. schools report to 18 different federal ASHLEY to ensure that higher education is nei- student outcomes. “[The] expansion of regulatory agencies and comply with about 30 ther overregulated nor prohibitively Fortunately, and legal oversight of higher educa- different areas of regulation and more ROBINSON costly. Leaders in North Carolina and college and tion in recent decades has necessitated than 200 federal laws and guidelines. political leaders the development of administrative Although three UNC institutions around the country need to unite in are beginning to structures and staffing within col- were included in the research, specific their battle against regulatory over- fight against those leges and universities that are fo- data for the schools — UNC-Chapel reach. Interestingly, new UNC sys- costly government cused almost solely on institutional Hill, UNC-Charlotte, and N.C. Central tem President Margaret Spellings, a intrusions. Last compliance,” said UNC system vice University — were not released. But former U.S. education secretary, could year, for example, president for legal affairs Thomas if the UNC system spends the median emerge as a key leader in that battle. the Task Force on Shanahan in 2013. Shanahan had been 6.4 percent of operating expenditures The famous Spellings Commission Federal Regulation called to testify about the high costs on compliance, then the expense is that she oversaw took aim at costly of Higher Educa- of compliance before a subcommittee more than $500 million per year, or regulations. And more recently, she tion — formed in of the U.S. House Education and the about $2,500 per student. has made clear her belief that public 2013 at the behest JESSE Workforce Committee. North Carolina officials have higher education in North Carolina of a bipartisan group SAFFRON The “administrative structures” begun to speak out against higher should be provided at the lowest pos- of U.S. senators and identified by Shanahan come with education’s bureaucratic machine. sible cost to taxpayers — a goal that comprising top uni- hefty price tags. UNC administrative Former UNC President Tom Ross and is jeopardized when bureaucrats from versity officials from around the coun- pay is extremely generous, with many N.C. A&T State University Chancel- afar dictate universities’ activities. CJ try — released a stunning indictment campus bureaucrats earning six-figure lor Harold Martin, for instance, both of what it called the “jungle of red salaries. That’s partly because UNC served on the aforementioned U.S. tape” produced by the U.S. Depart- system schools must comply with Senate task force on federal higher Jenna A. Robinson is the president ment of Education. The report cited at least six layers of regulations and education regulations, which was led of the John W. Pope Center for Higher analysis from George Mason’s Mer- rules, including federal, state, and in part by North Carolina Sen. Richard Education Policy, and Jesse Saffron is the catus Center showing federal higher local laws, UNC Board of Governors Burr. Pope Center’s senior writer. APRIL 2016 | CAROLINA JOURNAL PAGE 17 Education

COMMENTARY COMMENTARY DPI Database The Risks Behind Needs Scrutiny Guaranteed Tuition Plans

n 2013, the North Carolina De- February memo to state education mid what appears to be a University of Kansas than the na- partment of Public Instruction officials, Gay and Dirks wrote: national crisis of student tional average, the introduction of unveiled Home Base, billed as a “PowerSchool Group LLC debt, legislators and higher guaranteed tuition in 2008 seems to I“suite of digital classroom manage- has been working hard to provide Aeducation leaders have clamored have had little measurable impact. for more affordable ways for And after an initial increase that ment tools and instructional re- North Carolina users a solution students to complete bachelor’s peaked in 2009, Western Oregon sources,” to replace the disastrous that is dependable and user-friend- degrees. Last year, for instance, the University’s retention rates have NC WISE computer system. DPI ly. We know that for the past few North Carolina General Assembly declined steadily. officials used state and federal Race months the ongoing performance introduced a bill instructing the Furthermore, while these to the Top funds to pay three pri- issues related to the Century- UNC system’s Board of Governors plans may provide students and mary vendors — Pearson, Public Link hosting facility have had an to “study the establishment of a their families financial certainty Consulting Group, and Truenorth- unacceptable toll on the business fixed tuition program as a pay- from a tuition perspective, almost logic — for the initial development of your districts. …We sincerely ment option at the UNC system none of them include room, board, and implementation of the Home apologize for the performance schools.” and other fees in the fixed tuition Base system. issues you have experienced. Under a guaranteed tuition rate, meaning that students still The most impor- You have our renewed plan, students are prom- could experience new un- tant application in the commitment that we are ised a constant rate of expected costs each year. Home Base suite is the taking immediate action tuition for a limited time The risks of these PowerSchool student to dedicate the resources while they pursue their programs are not nearly information database. and tools necessary to degrees. But case studies as ambiguous as the Teachers and administra- keep your PowerSchool from other states indicate benefits. Illinois’ current tors use PowerSchool server up and running that the promise of fixed budget crisis illustrates to record student atten- with success.” tuition rates comes along some of the unintended dance, course enrollment, Less than a week with potential negative consequences of legisla- grades, and information later, DPI responded, consequences for both tively mandated tuition that frankly very few par- “We are aware that the students and universities. guarantees. ents know are being col- TERRY current work environ- By enrolling in STEPHANIE Due to a budget lected on their children. STOOPS ment has not met expec- guaranteed tuition pro- KEAVENEY standoff between the leg- Simply put, PowerSchool tations and is operating grams, students and their islature and the governor, was designed to make at an unacceptable level families essentially take the state has provided no educators’ jobs easier and data to support the important work you a gamble. Students agree direct aid to Illinois pub- collection more transparent, but it do on a daily basis.” They pledged to pay a surcharge — often ranging lic universities for more than eight may have done the opposite. to “push” PowerSchool Group to from 5 percent to 15 percent more months. Illinois’ 12 public univer- In February 2014, widespread resolve outstanding issues. than standard tuition — on the sities have struggled to maintain problems with the system prompt- Making matters worse, fed- assumption that standard tuition operations while waiting out the ed state education officials to ask eral funds no longer are available will rise at even faster rates in the crisis; however, because of the Pearson to refund a portion of its to subsidize at least part of the an- ensuing four years. guaranteed tuition law, administra- $7.1 million fee. Then-Charlotte- nual cost of the Home Base system. However, if legislators invest tors cannot raise rates on current more in higher education, or if the students to cover short-term op- Mecklenburg Superintendent Districts and charter schools that student fails to earn a degree, the erational needs. The situation has Heath Morrison later called Pow- opt for Home Base will be required erSchool “a train wreck.” Prob- plans can cost students much more caused Moody’s Investors Service to fork over state and local funds lems persisted through the end than standard tuition. Western to downgrade the credit rating of to cover the required per student of the year, and by February 2015 Oregon University, for example, three of the state’s universities and fee. Because of the amount of data Pearson announced it was selling established a guaranteed tuition pushed Chicago State University to already in the system and the pro- PowerSchool. Private equity firm initiative to help reduce students’ accelerate the current semester and hibitive cost of migrating student Vista Equity Partners purchased financial burdens. But results close early for the summer. information to another application, PowerSchool for $350 million last from the initial 2012 cohort show North Carolina legislators districts and most charter schools year and established PowerSchool that students in the program paid are right to be curious about the Group LLC to manage it. But prob- will be forced to pay the Power- $1,266 more than those in the stan- potential benefits of tuition guar- lems continue. School ransom. dard plan. antees. However, a 2014 report Unless you follow @nchome- As North Carolina approach- Some officials assert that from the National Association of basealert on Twitter or receive es the three-year anniversary of putting a four-year limit on tu- Student Financial Aid Administra- email alerts from PowerSchool Home Base, it is worth asking ition gives students an incentive tors found no evidence that tuition staff, you are not aware of the whether the PowerSchool platform to complete their degrees during guarantees actually affect reten- system’s outages and malfunctions. is financially and technologically that period. However, according to tion or graduation. The report also There are a handful of exceptions, sustainable. While implementa- recent Education Department data, cautions against attempting to use however, when the public gets a tion problems were to be expected completion rates at Illinois public tuition guarantees to control the glimpse of the problems that teach- during the first year of operation, universities experimenting with cost of attendance. Legislators and ers and administrators encounter. state education officials appear the program have not been affected the public must be cautious about For example, in October media to have spent tens of millions of significantly, even though rates jumping on the bandwagon of a outlets reported that a cyberattack taxpayer dollars for a system that, went up slightly (by a few percent- potentially damaging financial forced about 20 North Carolina like its predecessor NC WISE, has age points). scheme in the name of affordability school systems to delay issuing the word “boondoggle” written all Proponents also claim that re- and student success. CJ report cards. over it. CJ tention rates would increase under Things have gotten so bad these plans because students are that Rich Gay and Chad Dirks of Terry Stoops is director of able to plan costs accurately. While Stephanie Keaveney is a policy the PowerSchool Group sent a research and education studies at the first-to-second-year retention associate at the John W. Pope Center for Higher Education Policy. letter apologizing to DPI. In their John Locke Foundation. rates remained much higher at the PAGE 18 APRIL 2016 | CAROLINA JOURNAL Books & the Arts Southern Culture’s Multiracial Stew Affects American Music ecently I watched a documen- Lynyrd Skynyrd mentions the local Bo Diddley. You may have recalled the Rangers (who’ve become banjoist/co- tary about the popular music band in “Sweet Home Alabama.” so-called Southern rock groups, in- median Steve Martin’s regular backup phenomenon known as the Whether you enjoy their sound, the cluding Lynyrd Skynyrd, the Allman band). MuscleR Shoals sound. The film not musicians in and near Muscle Shoals Brothers, Wet Willie, or the Marshall I also began thinking about only discussed all the top hits that influenced national musical tastes. Tucker Band. Or maybe you remem- dance forms, remembering Carolina were produced All of this information (some bered a gospel or Southern gospel beach music with its “shag” and Ap- in that distinct recalled and some new) prompted singer or group, such as J.D. Sumner palachian bluegrass with its “clog- Alabama area a conversation regarding Southern and The Stamps. The list goes on. But ging.” As a child growing up in the along the Tennes- contributions to the American music I hope you get the point. Piedmont, barbecue was Lexington- see River, but also scene: Can you imagine American North Carolina contributed to style, and eventually I learned how explored why so music without the South? What would the national scene, too. One notable to clog. I even knew some folks who many national hits it sound like? I later thought particu- musician was the banjoist Charlie could “flat foot.” came out of such a larly about North Carolina’s contribu- Poole, a native of Randolph County. As a 10-year-old, I had only small place. tions to the music scene. Another was Thelonious Monk, a heard and read about Carolina beach The first Indeed, the region has given Rocky Mount native and pianist who music and shag. At the time, Lexing- megahit from the TROY the nation much of its musical genres has been called an American original ton-style barbecue, verdant rolling area was Percy KICKLER that were many times products of the who introduced “bebop” to America. hills, and Piedmont textile culture Sledge’s “When interaction between black and white Monk later collaborated with another defined North Carolina to me. A Man Loves A Woman.” Wilson cultures. The genres include jazz, North Carolinian, John Coltrane, a na- Maybe the Great Compromise Pickett, Aretha Franklin, Etta James, Dixieland, country, bluegrass, blues, tive of Hamlet who grew up in High in North Carolina history occurred in and Duane Allman also recorded hits rhythm and blues, zydeco, funk, Point. 2005, when clogging was made the there. The songs were by black and gospel, Southern gospel, beach music, Other notable Tar Heel musi- official folk dance and shagging was white musicians working together in a Tex-Mex, and rock and roll. cians are Charlie Daniels, Roberta declared the official popular dance. seemingly unlikely place for collabo- Many national and iconic per- Flack, Maceo Parker, Ben E. King, Sometimes one has to give up some- ration during the 1960s and 1970s. formers hailed from below the Mason- James Taylor, George Clinton, Doc thing to keep what he holds dear. Along with Fame Studio pro- Dixon line. Can you list some? Watson, Randy Travis, and Nina Sim- North Carolinians, and their ducer Rick Hall, the Muscle Shoals Did you think of Elvis Pres- one. And let’s not forget Earl Scruggs. Southern counterparts, have contributed Rhythm Section (which later started ley or Dolly Parton or Buddy Holly More contemporary artists with much to the American music scene. CJ another studio in town and were re- or Johnny Cash? How about Ray deep North Carolina roots include ferred to as “The Swampers”) impro- Charles, James Brown, Little Richard, Ryan Adams, Eric Church, Ben Folds Dr. Troy Kickler is director of the vised grooves during the recording or Fats Domino? Maybe you thought Five, the Avett Brothers, Carolina North Carolina History Project (northcar- sessions that produced Billboard hits. of Hank Williams or Otis Redding or Chocolate Drops, and Steep Canyon olinahistory.org). BOOKS BY JOHN LOCKE FOUNDATION AUTHORS

If you don’t know about Edenton, North Carolina, your knowledge of U.S. history is incomplete and your knowl- edge of North Carolina insufficient. Organized women’s political activity in America was born in Edenton. The concept of judicial review—that courts can declare leg- islative acts unconstitutional—was championed here. Ideas for a national navy and defense were imple- mented here. Many passages of the N.C. Constitu- tion (1776) and the U.S. Constitution originated here. Leading proponents of the U.S. Constitution (a.k.a. Federalists) lived in this small place, and so did nationally known jurists and politicians. Dr. Troy Kickler, founding director of the North Carolina History Project, brings Edenton, its people, and its actions into proper and full focus in his book, The King’s Trouble Makers. Go to northcarolinahistory.org for more information. PAGE 19 APRIL 2016 | CAROLINA JOURNAL Interview Caldwell: Globalization Great for Urban Elites, Others Not So Much

By CJ Staff RALEIGH “[T]he big divide in Europe, as in urope faces a host of problems connected with mass immigra- America, is between people who tion and globalization. Christo- benefit from the global economy Epher Caldwell, senior editor for The Weekly Standard, says Americans can and people who don’t. And if you learn some valuable lessons from Eu- rope’s current plight. Caldwell dis- go to a big city ... you will find that sected Europe’s ongoing challenges during the 2016 John W. Pope Lecture it’s inhabited by the masters of the at North Carolina State University. He shared themes from that lecture with universe, as Tom Wolfe used to Mitch Kokai for Carolina Journal Ra- call them, and immigrants. And so dio. (Head to http://www.carolina- journal.com/radio/ to find recent CJ there’s not much room for a middle Radio episodes.) class in such places.” Kokai: You wrote about some of these topics several years ago … in this Christopher Caldwell [2009] book about Reflections on the Rev- Senior Editor olution in Europe. But more of these is- The Weekly Standard sues are coming to a head. I guess you were prophetic about what Europe has been facing — that we’ve been seeing “Well, the Republicans used to be the equivalent of the exurbs, where their for the people who just don’t see them- in the headlines recently. party of the elite. And now the Demo- resentments come from, and why they selves in the country’s politics at all. crats are the party of the elite.” And I feel left out of their society. So that 40 percent is a rich place Caldwell: Well, I wouldn’t say think that is, roughly speaking, true. to go hunting for votes. And it’s why prophetic because I don’t like to make But the way I’d rather look at it Kokai: You alluded to this ear- in some of the elections, like the first many predictions. But maybe for that is to say that the big divide in Europe, lier. You were tying what’s happening round of last winter’s regional elec- reason, I don’t see much reason to re- as in America, is between people who in Europe into what we’re seeing today tions in France, you know, the National vise anything that I wrote in the book. benefit from the global economy and in America. And especially in what Front was the largest party in France. I think what’s going on now is you’re people who don’t. And if you go to a we’re seeing in the way our politics are And very often in the polls, you see seeing some of the problems I noted in big city — you know, a big, successful dividing people. You mentioned that that this is the largest party in France. kind of a concentrated form. You have city that’s doing well under the global there really is a clear sign that what It’s what we would call a populist, a very large immigration coming that economy’s terms, Europe is facing anti-system, anti-immigrant party. started from the war zone in Syria and like say, Paris — seems to be having And I see a great deal in common with Iraq. you will find that an impact here, as our own, you know, [Donald] Trump But that now has become sort of it’s inhabited by well. movement, and perhaps to a slightly a lucrative, people-moving route. And the masters of the lesser extent, the [Bernie] Sanders once refugees discover how to move universe, as Tom Caldwell: I movement. on it, people — guides, who take mon- Wolfe used to call think that there ey from people to help them immigrate them, and im- are certain paral- Kokai: In seeing what has hap- into Europe, and negotiate the bureau- migrants. And so lels. When you pened in Europe, and what’s continu- cracy and stuff — they can do it, too. there’s not much look at, let’s say ing to happen, what sorts of lessons So you now have this massive room for a middle for the last 10 or should we take here, in the U.S., about movement of humanity along this class in such plac- 15 years, there has how the mainstream politicians ought road, leading out of Turkey, across es. been a growing to be addressing these folks’ concerns? the Ionian Sea, into Greece, and up minority in each through former Yugoslavia, and into Kokai: And European country, Caldwell: Here’s one lesson from Austria and Germany. And that route so, as you were that’s kind of lost Europe. … We’ve all been so enamored is being followed not just by Iranians discussing in that patience with the with globalization, and the free mar- and Syrians, but by Pakistanis and lecture, you’ve country’s main- ket, and our victory in the Cold War, Iraqis and Bangladeshis and even got, basically, the stream politics. and the unquestionable advantages it Southeast Asians. So you’re getting the folks who are well And in Europe, has brought for us, and the wonders it same immigration pressures but in a off, and then the it’s taken the form has wrought. I mean, you know, you huge, concentrated, fast-moving form. immigrants who of third parties. look around you, if you’re in a big come in and take You’ve seen, in the city, or in a university town, you see Kokai: One of the more interest- the lower-level countries where the things that you’ve gained by being ing points you made in this Pope Lec- jobs. And then there were two able to hook into the global economy, ture was the fact that this seems to be there’s, on the other side, everyone big parties — you know, usually in and I don’t just mean gainful employ- evidence of the impact of globaliza- who gets left out. France and Germany, you would have ment opportunities, but I mean, you tion, and how it’s really leading to two a roughly Christian Democratic Party know, lattes from Starbucks, and 50 separate camps, and perhaps not the Caldwell: That’s right. You’ve and a roughly Social Democratic Party, different kinds of cheese at a gourmet two camps people might think of off got half the city, … they mesh into and you have the Conservatives and restaurant, and things like that. the top of their heads. the global economy very nicely. But Labour in Britain. These are all wonderful things. the rest of the country doesn’t really. Those parties used to command But there’s a tendency for the people Caldwell: Yes. I’m glad you got And so there’s been an awful lot of in- close to half the allegiance of the elec- who don’t live in that world to become that point. You know, we tend to di- teresting, you know, work by sociolo- torate, like the Democrats and Repub- invisible to the people who do live in vide things into the rich and the poor. gists done in France, trying to explain licans here. But now, only about one- it. And that’s happened in Europe, and And during the lecture, I was trying to why the people, who are mostly in the third of the people like one of the two it’s a big crisis for these countries. And relate Europe’s situation to America’s. countryside, but you could also say parties. So it’s 30 percent for left, 30 I think that there are signs that it’s a big And, you know, it’s tempting to say, they’re in what you’d call the French percent for the right, and 40 percent crisis for us here. CJ PAGE 20 APRIL 2016 | CAROLINA JOURNAL Opinion

COMMENTARY Local Governments Should Stick to Core Functions was struck by two recent news the whole thing lost tons of money. stories appearing virtually side The city and its taxpayers were left by side. One was the latest on with tens of millions in debt, much theI Randy Parton Theatre — now of which remains to this day. called the Roanoke Rapids Theater Fortunately, in the case of — a failed venture by the city of the theater, a private promotions Roanoke Rapids that was supposed company has come in and is finally to attract big shows, create tourism, managing to sell some tickets to a and bolster the economy. show or two. It’s certainly too early The other was about the to tell whether this will be a suc- Greensboro-Randolph Megasite cess, but there’s at least some hope project, a proposal to create an that a private company may be able industrial site for a large automo- to help fix the mess that the local tive or aerospace plant in Ran- government created. dolph County. The city And, of course, of Greensboro will run private companies make EDITORIAL water and sewer lines for errors in judgment, too. the site, and Randolph They gamble on busi- County has purchased 420 nesses that don’t work or acres for the project. invest in projects that end Health Freedom The two are very up going bust. The differ- different. One’s a theater, ence is who’s left foot- an entertainment venue, ing the bill when things Despite Obamacare a partnership with a go wrong. In the case of celebrity (or at least the private business, it’s in- s Dan Way reported in this North Carolina’s CON program is one sibling of a celebrity) JULIE vestors and shareholders, issue of Carolina Journal, any of the most stringent in the nation, that promised glitz and TISDALE who willingly entered into celebrations for the sixth an- regulating more than two dozen ser- glam. The other is hardly those ventures hoping to niversaryA of the Affordable Care Act, vices, ranging from organ transplants glamorous, an industrial make a profit. aka Obamacare, were muted. to acute-care hospital beds to ambula- complex for a manufacturing facil- That’s not the case in a local With health care spending tory surgery centers. Repealing the ity. The theater is a project from government project. With a lo- growing at its fastest rate since 2007, law would let patients and practitio- 10 years ago. The megasite is just cal government project, it’s local Obamacare has made health insur- ners rather than bureaucrats decide starting. The theater was a relatively taxpayers who are left to pay for ance anything but affordable. And where new facilities go. simple project mainly involving a failed business, a bad loan, or a that’s not all. The law’s primary goal • Expand scope of practice. the city of Roanoke Rapids, which poor investment. Those taxpay- was making health coverage univer- To expand access to care in rural and built the theater. ers didn’t get sal, ending the alleged “free rider” low-income areas, nurse practitioners The megasite to choose the problem that allows healthy people to and other midlevel providers should project is more undertaking. forgo insurance until they get sick and receive full practice authority — in complex, with When private In fact, the have to go to emergency rooms for other words, letting them prescribe lots of different companies go bust, megasite has treatment. medicines and order diagnostic tests governments significant local Obamacare failed that test as without the direct supervision of a involved. they don’t leave opposition. But well. A recent report by the Center physician. This reform would help And yet, they do bear the for Medicare and Medicaid Services reduce primary care shortages in 145 there’s a funda- taxpayers holding burden when found that the percentage of Ameri- areas across the state. mental charac- something goes cans who had no health insurance fell • Promote direct primary teristic that they the bag wrong. a mere 2.7 percentage points between care. In exchange for an affordable share. Set aside City and 2010, when the president signed monthly fee covering a defined pack- Obamacare into law (13.9 percent), the nature of county govern- age of services, direct primary care and the end of 2014 — the most recent the ventures for ments should guarantees patients unlimited access a moment. It doesn’t really matter stick to core functions, things like data available (11.2 percent). to their physicians. More doctors are whether it’s a theater or an indus- schools, police, fire, public streets, Most of the problems with bypassing regulatory burdens that trial site. Both of these are the sorts and sidewalks. They should steer America’s health care system predated take time away from treating patients of ventures most people think of well clear of speculative business Obamacare — led by too much regula- as primarily being in the realm of ventures that put taxpayers on the tion and tax laws making employer- by establishing DPC practices. State private business — theater building, hook. provided health insurance cheaper policymakers should pass legisla- land development. But in both of In both of these cases, the lo- than individual policies — and they’re tion ensuring that patients’ monthly these cases, they’ve become govern- cal governments involved would unlikely to vanish if the law were membership fees are not classified ment projects. have done better to focus on good repealed under a new administration as insurance premiums. That reform And therein lies the problem. infrastructure, low local taxes, and and Congress. would protect this health care delivery These simply aren’t the sorts of strong schools. If those things are in But there are things North method from regulations under the business ventures that local govern- place — making cities and counties Carolina legislators could do during N.C. Department of Insurance in the ments (or state or federal ones, for attractive locations for businesses the short legislative session to make future and likely lead to a stronger that matter) ought to be undertak- and tourists — then businesses can health care more accessible and more DPC presence in North Carolina. ing. The Roanoke Rapids experience handle choosing locations and do- affordable without involving Wash- These three changes would bring demonstrates why. Governments, ing their own building and develop- ington lawmakers or bureaucrats: better medical services to more people it turns out, just aren’t very good at ment. CJ • Repeal Certificate of Need. in more locations at lower costs. And this sort of thing. The theater failed, North Carolina requires doctors and they would inject a healthy dose of Randy Parton proved to be an Julie Tisdale is city and county hospitals to get a Certificate of Need freedom in North Carolina’s medical unreliable business partner, atten- policy analyst for the John Locke Foun- — a government permission slip — marketplace no matter who occupies dance didn’t meet projections, and dation. before offering new technology, better the White House or controls Capitol facilities, or more treatment options. Hill in 2017. CJ APRIL 2016 | CAROLINA JOURNAL PAGE 21 Opinion

EDITORIALS COMMENTARY Governor’s Race Let’s Learn How News for McCrory is mixed ov. Pat McCrory just got both growth rate in inflation-adjusted GDP To Disagree good news and bad news of 2.8 percent for the quarter, mark- hen it comes to poli- level, the presidential primaries about his prospects of defeat- edly higher than the 1.9 percent rate tics, North Carolina is a have coarsened our culture and Ging his likely Democratic challenger, for the nation as a whole. closely divided state. — let’s be frank — produced two Attorney General Roy Cooper, in the That’s just a snapshot of a single WLook at party, for instance. Ac- major-party front-runners who fall election. quarter, admittedly. But the longer- cording to a March poll for WRAL- share the dubious distinction of be- Let’s start with the bad news. term trend is also impressive for North TV, 32 percent of registered voters ing among the least-trusted politi- While Donald Trump’s delegate Carolina. If you start the analysis in our state identified themselves cians in America. In an ABC News/ harvest over the March primaries and in mid-2013, when McCrory’s first as Republicans. The same share, 32 Washington Post survey from early caucuses fell short of media expec- budget, tax reform, and other signa- percent, identified as Democrats. March, just 37 percent of Americans tations — because his Republican ture programs were enacted into law, (Self-reported party identification is said they thought Hillary Clinton opponents and leading conservatives the state’s economy has grown by a more useful than registration when was honest. Only 27 percent said across the country finally began focus- compounded annual rate of 3.2 percent analyzing voter behavior.) The the same about Donald Trump. ing attention on the front-runner’s — the 12th-highest rate in the nation remaining 36 percent said they were The solution is not to attempt manifest shortcomings on policy and the second-highest in our region, independent, but most actually to wish away our disagreements. issues, general-election prospects, and trailing only Florida’s 3.3 percent. vote either Republican That would be futile. personal character — Trump still won The state’s economy is on the or Democrat most of the Instead, we need to learn a plurality. He still got closer to the upswing. High Point University’s time. Only 12 percent are to disagree more con- GOP nomination. recent polls document the trend. Its true swing voters. structively, with civility If Trump gets it, the most likely Index of Consumer Sentiment reached Now look at issues. and a genuine desire to outcome in the fall is a disastrous loss 89.7 in February, up from 70.4 in Asked to describe them- understand why others to Hillary Clinton and a significant September 2013. McCrory’s approval selves as “pro-life” or think what they think. drag on the Republican Party’s ability rating is now 48 percent in the HPU “pro-choice” on abortion, If such a process yields to elect or re-elect other candidates poll, up from 43 percent at this time North Carolina adults public policies that most down the ballot, including McCrory. last year and 38 percent in 2014. were about as likely to of us can embrace, or at On the other hand, news in We expect the gubernatorial race say the former (47 per- least tolerate as part of a March presented the governor with to be highly competitive. If McCrory cent) as the latter (46 JOHN package deal, so much significant opportunities to make his is on the ticket with Donald Trump, percent). Asked what HOOD the better. But even if the case to voters. One was the release of it will be like trying to win a footrace the next president and process doesn’t produce gross domestic product data for the with a ball and chain dragging behind Congress should do about legislative action, it’s still third quarter of 2015. North Carolina him. It’s doable, particularly if Cooper Obamacare, 46 percent said leave it worth doing. ranked first in the Southeast, and 14th continues stumbling. But it may turn alone or leave it in place with some I’m not alone in my belief. in the nation, with an annualized out to be an exhausting photo finish. CJ adjustments, while 51 percent said A new program called the North repeal all or large portions of it. And Carolina Leadership Forum just asked how much the North Caro- made its debut. Housed at Duke lina legislature should raise average University’s Sanford School of Pub- Costs Vs. Prices teacher pay this year, 45 percent lic Policy, NCLF is convening some said the raise should be 3 percent or three dozen leaders from across our Shifting responsibility isn’t cutting less while 51 percent said the raise state — current and former politi- should be up to 10 percent. cians, educators, business execu- he cost of attending college has likely, rise if tuition were more heav- As you read each of those poll tives, activists, philanthropists, and grown faster than the cost of ily subsidized, in the latter instance questions, you probably thought other community leaders — to other goods and services for because demand for college and about your own position. Fair discuss North Carolina’s economic Tmany years. It’s putting significant university educations would increase. enough. Now, see if you can think future. pressure on family budgets as well Institutions could add more person- up the best possible argument for More specifically, over the as those of federal and state govern- nel, more facilities, and more ancil- the opposing position — for abor- course of 2016 we will discuss how ments. And it’s of great interest to lary services without deterring most tion rights, if you happen to be we can enable more North Carolin- liberal and conservative politicians, students from enrolling. Someone else pro-life, or for repealing the Afford- ians to earn enough to support their commentators, and analysts. would pay, probably driving costs able Care Act, if you happen to like families. The participants bring a But the term “college costs” of- even higher. the ACA. wide variety of backgrounds and ten conjures up different images in the On the other hand, in higher Could you do it without as- perspectives. I am serving as co- minds of the two ideological camps. education the needs of some students suming the worst about the other chair of NCLF’s steering commit- For example, Democratic candidates are served better and more efficiently side? Did you struggle even to tee, along with former state senator Bernie Sanders, Hillary Clinton, and by the community college system than imagine how someone of good faith and Z. Smith Reynolds Foundation Roy Cooper are promising to combat by the University of North Carolina could come to a different conclusion executive director Leslie Winner. the rising cost of college by having system, at least during the first two about abortion, health policy, or While we intend to come up government pay more (or all) of the years of general-college education. education spending? with mutually agreeable solutions annual cost of tuition and fees. New technologies, new systems to Don’t beat yourself up. Lots of to the economic problems facing That’s not really a policy in- certify knowledge and skills, and us, perhaps most of us, have been our state, we also aspire to model tended to reduce the cost of higher new ways to organize post-secondary struggling with just such a failure of the very civil dialogue North Caro- education, however. It is intended to education also offer a great deal of imagination. Here in North Caro- lina and the nation seem to lack. reduce the price charged to its direct promise in reducing costs. lina, the political discourse all too Please wish us well. CJ beneficiaries, namely students and To make higher education often has devolved into partisan their families. affordable means reducing the ac- cheerleading, shouting matches, John Hood is chairman of the The cost of higher education tual cost of delivering those services. and online snark. At the national John Locke Foundation. either would stay the same or, more There’s no painless alternative. CJ PAGE 22 APRIL 2016 | CAROLINA JOURNAL Opinion MEDIA MANGLE Another Round Of Media Hysteria e’ve been witness to a level of ideologi- clly driven mass media hysteria in the past couple of weeks unseen since the WDuke lacrosse rape hoax story. I’m talking about the General Assembly’s nullification, via House Bill 2, of Charlotte’s ordi- nance designed to legislate against lesbian, gay, bisexual, and transgender discrimination. The Charlotte ordi- nance, which was defeated in March 2015 in a close vote, but which passed 7-4 on Feb. 22, was billed as a nondis- crimination proposal that would have added sexual orientation and gender iden- tity as protected categories in such things as job discrimina- JON tion and public accommoda- HAM tions. “Public accommoda- tions” turned out to be the fly in Charlotte’s social-justice ointment. It was One Source of Public Anger undeniable, and universally agreed, in fact, that olitical pundits following the presidential stamps, Medicaid) people may use to help meet this law would allow transgender people to use campaigns have agreed on one conclusion — day-to-day expenses. public or private-business restrooms that, shall we say, didn’t match their born-with plumbing. many people appear to be angry. Experts offer Still, the numbers paint a disturbing picture Pthis as the reason many voters are backing non- of most people in North Carolina not getting ahead The concerns of many that men dressed as women were going to be able to enter restrooms traditional candidates. based on their own work efforts. Also, it should and locker rooms with women and girls were If the analysts are correct, then the follow-up be stressed the same picture emerges from looking ridiculed by the media, in print and even on question is: Why? Why are so many people angry? at national data. Thus, most people in the country sports radio talks shows, who used the NBA’s Of course there can be many reasons, such as fears seem to be in the same economic boat! threat to yank the NBA all-star game from Char- over foreign threats, worries about personal safety, Three big reasons are causing these trends for lotte as a means of entry into this story. or concerns for specific costs like health care or worker income — international competition, a slow- Nearly every news story ignored the real education. growing economy, and an ability of technology to concern of men being able to use women’s While all of these reasons do more of the jobs performed by humans. bathrooms and locker rooms, even though stories could be part of the explanation, More so than in the past, companies today abound nationwide of men using such ordi- I think another answer lies at the have the ability to perform work virtually anywhere nances as cover to invade those once-protected bottom of the frustration. Very in the world. This means domestic workers are no premises. Most reports were content to call the simply, most people have seen longer only in competition with their counterparts Charlotte ordinance an “anti-discrimination ordi- their annual earnings — after in the country, but they also are often interchange- nance” and leave it at that. adjusting for inflation — drop in able with similar workers in other countries. In The News & Observer, for instance, ran a the last decade. economics, more supply — in this case, of workers headline, “North Carolina not the only state re- We can see this clearly in — means lower payments to workers. stricting LGBT rights,” unquestioningly classify- North Carolina. Comparing The Great Recession was the deepest down- ing restrictions on men using women’s facilities MICHAEL incomes in 2006 — the last full WALDEN turn in more than 60 years, but the subsequent as a restriction of LGBT rights. If there has been growth year before to the start recovery has also been one of the slowest. Transla- any concern in the mainstream media with the of the Great Recession — to tion: The economy of the last decade has been un- right of privacy for girls and women in restrooms incomes in 2014 (the last available year for data) derperforming. For businesses, this means weaker and locker rooms, I haven’t found it. and, importantly, adjusting for inflation, the aver- revenue projections and relatively fewer funds to The immediate hysteria on the part of age North Carolina worker experienced a 7 percent pay workers. corporate giants like Facebook, Apple, Bank of drop in annual earnings. Maybe the greatest threat to worker pay in the America, and the NBA was something to behold, But there was a distinct difference by edu- future is technology. As emphasized in the recent spurred by inaccurate reporting and sensational- cational level of the worker. Those with advanced Emerging Issues Forum at North Carolina State ism. The degree of hypocrisy behind these reac- college degrees (master’s, doctorate, professional University, technology is rapidly becoming more tions was best captured by Charlotte blogger SA degree) did the best — losing only 3 percent of their sophisticated and expanding its capacity to perform Matthews. She pointed out in an online column inflation-adjusted income. Those with an associate’s work tasks. Plus, the work technology is increasing- (http://goo.gl/MsRSaR) that since Charlotte degree lost 12 percent, high school dropouts were ly able to do includes not just routine jobs (putting didn’t pass its anti-discrimination ordinance down 10 percent, and high school grads and work- the right front fender on a vehicle moving down an until February, the situation now is exactly the ers with a bachelor’s degree had a cut nearing 8 assembly line), but also cognitive jobs in research, same as last year, when the NBA awarded the percent. teaching, retailing, and medicine. One estimate city the all-star game. What’s perhaps even more disconcerting are forecasts technology ultimately will replace humans As it stands, private businesses can do what the trends in incomes, between the bottom of the in almost half of today’s occupations. they like, but public restrooms are restricted to Great Recession in 2010 and 2014. This would nor- So many individuals are angry and upset, those whose birth certificate gender matches the mally be a time when incomes rise as the economy and a simple reason is declining incomes. Can this sign on the restroom. This is status quo ante, is recovering. But only one group of workers — situation be reversed, and how? These are questions which prompts the question: Why so much me- high school dropouts — saw an increase in their the political candidates — and people through their dia and corporate hysteria? CJ inflation-adjusted income. All other workers saw a votes — hopefully can address. CJ drop. Jon Ham is a vice president of the John Locke It should be pointed out these numbers in- Michael Walden is a William Neal Reynolds Dis- Foundation and publisher of Carolina Journal. clude only what people earn from working. They tinguished Professor at North Carolina State University. don’t include public resources or programs (food He does not speak for the university. APRIL 2016 | CAROLINA JOURNAL PAGE 23 Opinion Campaign Unveiling Distinct Ideological Strains efore the 1970s, presidential could vote for communist and quasi- particularly Obamacare and recent competitive. It is what we might nominations were won in fascist parties as well as center-right financial market regulation — both call right-wing populism, a group smoke-filled rooms as deals Christian and center-left social demo- of which have greatly extended the of ideas cohered by an appreciation Bwere cut between party bigwigs mo- crats. tentacles of the administrative state. for a strong state with authoritar- tivated by promises of appointments This year seems different. We Clinton is no typical old-style New ian tendencies. It is most obviously and federal largess for their states. have on display the entire breadth of Deal Democrat, however. Her cam- manifest in the candidacy of business- After the New Deal, a technocratic America’s ideological spectrum, one paign also is infused with the identity man Donald Trump, although there Democrat invariably faced off against that looks to be getting wider all the politics of a more modern liberalism were hints of it in Gov. Chris Chris- a patrician Repub- time. If we had genuinely open access that treats citizens as members of tie’s speeches. Trump generally sides lican in a battle of to the ballot, an electoral system based demographic groups rather than indi- with power over liberty and speaks in pragmatists fought upon proportional rather than winner- viduals and wishes to use government opposition to the free flow of capital, in an America run take-all principles, and legislative to engineer social outcomes. labor, and goods within and across under a complicit bodies organized to welcome mem- This year’s Republican race has national borders. He says he desires arrangement be- bers of third parties, I might be talk- exposed three strains that we might a limited government, but calls for a tween huge corpo- ing revolution. Still, there is enough place on the right-hand side of the massive expansion in the reach and rations, organized happening this year to concern the spectrum. A focus on natural rights, resources of several federal agencies. labor, and the Democratic and Republican establish- free markets, and limited government These policies should be enacted by a strong president without concern for Cold War military ments. has been a hallmark of GOP politics the prerogatives given Congress and machine. In fact, the candidates in the two for many decades, particularly since the states by the Constitution. The dramatic ANDY parties’ nomination contests reveal the Ronald Reagan became a national The range of ideas on display 1968 Democratic TAYLOR existence of five distinct and vibrant political figure. provides Americans with clear choic- convention in ideological strains. Let’s start on the The libertarian or “classical lib- es. This is a good thing. It is the emer- Chicago changed Left. Sen. Bernie Sanders’ unabash- eral” school was perhaps most clearly gence of several energetic challenges the way parties nominated presidents, edly and energetic socialist campaign represented in this year’s race by Sen. to the cause of liberty that is troubling. democratizing the process by mak- has, with the possible exception of the , although it has played We are used to them emanating from ing primaries and caucuses critical South, generated considerable support an important role in the campaigns Democrats. But Republicans, whose and forcing candidates to build large across the country. Proposing high of Sens. Ted Cruz and Marco Rubio politics have been guided for over a and sophisticated campaigns. But the marginal tax rates, single-payer health and Gov. John Kasich. The idea that century-and-a-half by ideas based on general election was still normally care, and free higher education, Sand- America needs a strong military and human freedom, are starting to offer between ideological cousins, differen- ers wants to move America to the left robust institutions like the family and them as well. CJ tiated largely by their positions on just of France. church to provide social cohesion and a handful of issues. The presidential His Democratic opponent, Hill- transmit important values has had selection process revealed American ary Clinton, has moved in that direc- Cruz as its most successful champion. Andy Taylor is a professor of politi- politics as narrow, at least in compara- tion, too, but she strongly supports The third approach is somewhat cal science at the School of International tive perspective and when juxtaposed some of the more conventionally lib- new, or it has only this year gathered and Public Affairs at N.C. State Univer- with continental Europeans who eral policies of the current president, a level of support to make it truly sity. He does not speak for the university. Unsatisfying, Unnecessary Policy Confrontations

he General Assembly recently back for a special session. The final accommodating those who needed rule” state, meaning local govern- passed a law invalidating a vote in the House was 82-36, with extra help might have prevented ugly ments are the creature and creation Charlotte ordinance allow- bipartisan support. The vote in the protests, voter confusion, and costly of the General Assembly — it’s in our ingT transgender people to use the Senate was 32-0; Democratic members litigation. state Constitution. There are some bathroom of the sex with which they of the Senate walked out, avoiding When did working through things cities just can’t do without identify. Opponents of the ordinance a vote altogether. Gov. Pat McCrory tough challenges and coming to creating inconsistencies in laws across cited privacy and safety concerns with signed the bill into law hours later. agreements become the last choice in the state, causing confusion and ineq- allowing women to enter men’s rest- House Bill 2, disallowing the problem resolution and governing? uities, and jeopardizing the competi- rooms and men bathroom ordinance and clarifying local One alternative to the Charlotte tive position of the state’s business to enter women’s government authority, passed despite ordinance would be for all public fa- climate. restrooms, chang- a lot of drama, press buzz, partisan cilities to provide a single-occupancy Passing the bathroom ordinance ing facilities, and bickering, and pundit posturing. But bathroom option for anyone who was way beyond Charlotte’s legal locker rooms. did it have to be so hard and so hurtful? feels uncomfortable using a multi- authority. Requiring private contrac- Proponents hurled No one should minimize the heartache, stall bathroom. This would be open to tors to pay certain wages or regulate accusations of struggle, and hardship that people deal- anyone who wants additional privacy their employment practices is also way beyond the city’s authority. Char- discrimination and ing with sexual identity challenges face, — senior citizens, parents with young lotte leaders knew this and recklessly radicalism. especially young people. children, and yes, transgender people. ignored the Constitution. The speedily North Caro- Senate Minority Leader Dan If there is a need to construct them, do called special session and resulting lina is not alone Blue said during the debate that a so at taxpayer expense. legislation were necessary to ensure in dealing with BECKI relatively simple court suit could It’s different for private facili- GRAY public facility privacy and security, the transgender have derailed the Charlotte ordinance ties. Government ought to respect the statewide consistency in laws, and bathroom issue. without “scaring the bejesus” out of property rights of private business protection of rights. It also was neces- In January and February, more than everyone. Amen. owners rather than mandating special sary to remind local governments that two dozen similar bills were filed in Are costly lawsuits or sweeping accommodations. By allowing busi- their authority is limited. state legislatures. Legislators in Il- legislation the only possible resolu- ness owners the freedom to run their It’s really a matter of rights: pri- linois, Indiana, Kentucky, Mississippi, tions? Remember the controversy, companies the way they choose and vacy rights, property rights, religious Missouri, Oklahoma, South Dakota, legislation, and lawsuits surrounding with motivation to succeed and make freedom rights, and the right to dig- Tennessee, Virginia, Washington, and magistrates objecting to conducting a profit, business practices eventu- nity and respect. North Carolina is a Wisconsin are considering bills al- same-sex marriages? Couldn’t that ally conform with public sentiment leader in protecting those rights. Let’s lowing transgender people to use the have been solved with reasonable ac- and demand without government keep it that way. CJ bathroom or locker room that reflects commodation for everyone involved? coercion. Free markets work when left their gender identity. A common-sense photo ID provision alone. Becki Gray is vice president for out- The General Assembly came preserving integrity in elections while North Carolina is not a “home reach at the John Locke Foundation. PAGE 24 APRIL 2016 | CAROLINA JOURNAL Parting Shot GOP Plan Puts Real Choice in Congressional Elections (a CJ parody)

By Jerry Mander Advocacy groups filed suit claim- Election Correspondent ing the Republicans packed African- RALEIGH Americans in a few districts, allegedly n the event federal judges throw reducing their influence. out the latest North Carolina con- The legislative staffer called U- gressional district maps, a group of Choice a “game-changer,” because it RepublicansI in the General Assembly would render gerrymandering com- has devised a plan that allows a voter plaints irrelevant. He added that the to cast a ballot for any state congressio- districts would maintain equal popula- nal candidate, even if the voter lives in tion numbers, even though some rep- another congressional district, accord- resentatives may receive many more ing to sources. votes than the number of people liv- No member wanted to be inter- ing in their districts. This “maximizes viewed for this story, but one staffer voter preferences,” which everyone told Carolina Journal that legislators are seems to agree is a worthwhile goal, he fed up with court interference and con- said. “Freedom and choice are power- stant second-guessing by interest and ful forces, and we need more of that in advocacy groups whenever redistrict- our election process.” ing time rolls around. One Chapel Hill resident, a Re- Under the proposed plan, called publican, told CJ he has been disen- U-Choice (short for ultimate choice), franchised for 30 years. each voter would continue to get just If the courts don’t act in time for North Carolina to hold a congressional primary, “Since 1986 I have been stuck in one vote. But the ballot for Congress U-Choice will be implemented, and the ballot, like the sample above, will show all 77 a district that favors David Price [an would list every candidate from ev- candidates. (CJ spoof ballot) Orange County Democrat]. He lost ery party in all 13 districts. And just court throws out our latest plan, and cal party with the legislative majority one time in a fluke election in 1994 but as North Carolina’s congressional rep- we don’t have time for a primary, we usually attempts to maximize its vic- got back in the next time. If we get U- resentatives are not required to live in will then use U-Choice, with all 77 can- tories by studying voting results from the district they seek to represent, U- didates on the ballot.” previous elections. The resulting dis- Choice, my vote will now mean more. Choice would give voters freedom to The districts drawn during a tricts often have unusual shapes and I can vote in a district for someone that choose a representative from outside February special session of the Gen- odd boundaries under a process called has a chance of winning.” their home district. eral Assembly are before a three-judge gerrymandering. The N.C. NAACP and other fre- “Fair’s fair,” said the staffer. panel in U.S. District Court. It’s unclear In recent decades, advocacy quent critics of earlier GOP redistrict- “People are fed up with double stan- when the court will rule on the map, groups and the minority party have ing proposals quickly cried foul. “We dards and special rules for the political but the primary is set for June 7. taken the state to court to seek differ- will challenge U-Choice. We really class.” Following every 10-year U.S. ent district lines. Those court battles haven’t figured out what’s wrong with He said that one legislator told census, state lawmakers redraw legis- can last several years and require new it yet, but if it’s a Republican idea it’s him, “We don’t know if the federal lative and congressional districts. By maps to be drawn. got to be sneaky, underhanded, unfair, court will overturn our current plan, law, each district must contain a simi- The most recent census was in and unconstitutional,” the organiza- but we want to be prepared. And if the lar number of residents, but the politi- 2010, with districts redrawn in 2011. tion said in a news release. CJ

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