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Credit Card Bill Needs Support

OK, I went to Washington and lobbied for S. 414, the Credit Card reform bill. Here’s what happened. We started the day at Sen. Mary Landrieu’s office, so I was up first. The staffer (I don’t recall his name but will update this when I get it) we met with was a bit cynical. I was disappointed. I tried to emphasize that the banks were harming Sen. Landrieu’s strongest supporters and that it was time for her to stand up for the poor people who vote for her. He basically dismissed that line of thinking since the next election is years away. He claimed that Sen. Landrieu wasn’t afraid of angering the bankers (not that we said anything like that, though she is the recipient of more than $2 million in banking lobby money) because she had supported a credit union bill vehemently opposed by banks. We tried to get him to admit the banks were screwing us with these rate hikes, fees and other onerous new burdens. But he never seemed to sympathize.

Next we met with Travis Johnson, a legislative assistant with Sen. David Vitter. We we engaged by a smart, civil staffer who challenged us, debated us and gave us an opportunity to rebut and refine our arguments. We might not have changed the way Vitter will vote. But we had an intelligent and satisfying discussion with his staffer.

We also visited with very receptive staffers in the offices of Virginia Senators Mark Warner and Jim Webb.

We were a small group, me, 2 from Virginia and 1 from Connecticut. We were led by representatives of Consumers Union, the Pew Charitable Trusts and the Center for Responsible Lending.

Despite the fact that Sen. Landrieu’s opposition might be enough to stop the bill, there is a sense of optimism that credit card reform will pass. We were promised that if there is a signing ceremony with President Obama, that we’d be invited back!

I’m grateful to Consumers Union and the Pew Charitable Trusts for this amazing opportunity. It was amazing to see how accessible our federal delegation is to visits. I would advise anyone seeking to be heard to take the time to visit Washington and make an appointment. A staffer will be assigned to meet with you and give you the chance to be heard. Whether they listen is another story all together. But the experience is worth it because if you don’t try, nothing is guaranteed to happen.

Please call Sen. Landrieu’s office at 202-224-5824 and Sen. Vitter at 202-224-4623 and tell them you support credit card reform and want the senators to support their constituents and rein in the banks. The vote could happen this week or early next week, so call ASAP!

State Invests $100 Million in Film and Damned Near Nothing in Music

OK, so the numbers are in and, as reported today in the Shreveport Times, in 2007 Louisiana invested $100,000,000 in film (after recouping $14m in taxes) on $429,000,000 of film spending. Of course verifying these numbers, particularly the spending by film companies, is a fuzzy math situation in which we remain dependent upon the film companies themselves to report their spending, so I have my doubts as to the accuracy.

Can you imagine that if you were an investor in the film industry, say in a film fund, how much of a long term return your money might be getting? You’d be getting checks for the rest of your life and that of your heirs if you had spent $100 million in a film investment vehicle that spread your investments around the industry. But what does Louisiana get? One time, poorly validated “spending” by these companies that results in short-term jobs averaging $32,000. But we look good on camera!

If this is such a good investment, why don’t we do it for music? In fact, why don’t we do it for every business in Louisiana. If the state can directly spend a dollar and get back four, why not spend on restaurants, grocery stores, construction companies, or any business? Because it defies the laws of physics and economics. You can’t create a perpetual motion machine and you can’t use public money to create perpetual economic engines. For the public to benefit, any expenditure needs to produce more in tax revenues than it spends. Just as too many calories make you fat, too much spending makes you broke. No matter how you extend the numbers to “secondary spending” you cannot ignore the fact that more money is being taken from public coffers than is being replenished.

I’ve said it before and I’ll say it again: where’s Louisiana’s share? If individuals invested this much money in the film business, they’d be getting a a piece of the action, a return on investment. Why is this not possible for public investment?

Music is our true asset. Though we welcome Hollywood and the movie industry, it is not one of Louisiana’s naturally occurring assets. Music is our calling card to the hearts, minds and wallets of the world. Yet we continue to allow it to flounder, leaderless, budget-less and without accountability for what little is being done. The press and public remain silent about the ongoing tragedy that is the Louisiana Music Commission.

Here’s the kind of readily available information that used to be produced by the LMC and which was publicly available on the web until 2006 when the years of undermining by a small, avaricious group empowered by soon-to-be-jailed former Louisiana Economic Development (LED) Entertainment director Mark Smith and other cohorts finally prevailed in destroying the LMC:

Economic Impact of the Louisiana Music Industry Analyzed by City

LMC Summary Report 1992-2003

In fact, let me state this: former LED secretaries Don Hutchinson and Mike Olivier, along with Gov. Kathleen Blanco and the aforementioned Mark Smith were to music what the US Army Corps of Engineers was to flood protection in New Orleans in 2005–a massive disaster with ongoing consequences that will affect future generations.

Of course, I could be wrong. In fact, I hope I am. Someone, please convince me that I’m wrong about all this and that Louisiana is better off because of these things. I’m a reasonable person.

Caynebration #1 Wed Feb 11 @ Le Bon Temps

Friends are throwing a fundraiser/musical event in honor of Cayne Miceli at Le Bon Temps Roule on Magazine St this week on Wed, Feb 11.

Here’s a link to the Facebook invitation.

Here’s another great link to Cayne-related events.

Artists scheduled to perform include George Porter Jr., Juice with Joe Krown, Billy Iuso, Big Chief Alfred Doucette, Margie Perez, Dr. Bone and many more!

A special thanks to Laura Maggi of the Times-Picayune for her ongoing stories of abuse and death in Orleans Parish Prison. Here’s the latest.

“I think that we gave her maybe the best medical care that we could have given her.”

With those poorly phrased words in Wednesday’s Times-Picayune, Sheriff Marlin Gusman rationalized Orleans Parish Prison’s mishandling of asthmatics like Cayne Miceli and others whose medical conditions are obviously beyond the scope of OPP’s capabilities for humane and legal treatment.

And with the death of yet another holding cell inmate this week, the spotlight only got brighter. However, no matter how revealing the coming days may be, the fact that OPP violates human rights in its treatment of those remanded to its care, and the consequent deaths and permanent disabilities caused by this public institution, make us taxpayers all participants in these cases of injustice. With each death and each abuse, we too, bear blame for our failure to demand that our public servants and institutions do their jobs better.

But OPP is not the only institution we need to demand be held accountable. Hospital Corporation of America/Tulane Medical Center’s responsibility to care for patients who receive drugs administered by its staff is paramount. Cayne knew prednisone could have serious side effects. In fact, prednisone’s potential for psychosis is widely known. Cayne’s reaction was hardly rare. Medical personnel on duty that night should have recognized the fruits of their labor–and it remains to be learned whether they were given the chance. Instead, someone reacted in an improper manner and then passed their duty to the police.

Then, Orleans Parish Prison killed Cayne Miceli. There are no other words to describe it.

Nevertheless, the painful fact remains: our dear, magical, sweet, spiritual, compassionate friend was basically tortured to death in OUR jail, by OUR employees.

Marlin Gusman’s statement seems to lack compassion and rubs salt into the wounds of family and friends. And he is reacting predictably. But OPP has blood on its hands, extracted in a cruel, inhumane manner for which OPP and the people in charge of Cayne Miceli bear culpability, liability and responsibility.

If this is “maybe the best medical care” OPP has to offer, all I can say is “God please help us.” And may God have mercy on their souls.

Wilbert “Junkyard Dog” Arnold, R.I.P.

We’re sad to learn that New Orleans drummer Wilbert “Junkyard Dog” Arnold died. Junkyard was a special person, sort of New Orleans’ answer to Keith Moon–a talented, unique drummer whose life was filled with joy, pain and a drumming technique all his own. As the longtime drummer for Walter “Wolfman” Washington, we spent many hours enjoying his special sense of rhythm and one-of-a-kind style. Junkyard’s kit was always tied together with chains to symbolize the history of slavery. He was also a good singer, and, along with his very talented wife Marilyn, his latest band performed regularly in the French Market and at Ray’s Boom Boom Room on Frenchmen. Some of his best work can be heard on the New Orleans Rhythm Conspiracy CD released just after Katrina. See more about Junkyard on this site. He will be missed.

And Now a Pause for Refreshment….

OK, so not everything I write here is going to be bitching. I also want to share. Here are a couple of important things I’ve connected to recently.

The Long Tail is a book by Chris Anderson of Wired magazine. The link is to his blog based on the book. Anderson has theories about the marketplace that are a must-read for anyone in the music industry and in the technology sector. Change in the music industry has been disruptive. The “industry” has (as it always will) strongly resisted. Anderson connects a lot of dots. If Louisiana’s musicians are to survive, these theories need to be understood and applied.

Richard Louv is the author of “Last Child in the Woods: Saving Our Children from Nature Deficit Disorder” a powerful and groundbreaking book that explains how and why children are growing up depressed, overweight and distracted. This book represents a new milestone in our understanding of life. I wish I could afford to buy a copy for the entire state legislature and new gubernatorial administration.

Tax Credits Gone Wild!

Kudos to the Times-Picayune for pulling back the curtain (be sure to read the comments) more on the Mark Smith scandal, showing how film tax credits were abused to include 3 of New Orleans’ most popular music events: Jazz Fest, Voodoo Music Experience and Essence. It was revealed that more than $10 million in tax credits are due to be paid to behind-the-scenes entities, notably through lawyer Will French whose connections to Smith, LIFT and the whole credit system run deeper than anyone else in the state. Commercial interests took advantage of this (obvious-to-anyone-with-morals) fraudulent twist in the application of the credits. But it was Smith’s penchant for padding that allowed the credits to be based on the entire budget of the events rather than the actual cost of filming. Thus the dollars are beyond any amounts ever thrown at in-state music events.

Again, not only Mark Smith, but former Louisiana Economic Development secretaries Don Hutchinson and Mike Olivier contributed to this huge stretch in logic and reasoning in signing off on what to most people are outrageous claims. In fact, what this represents is the biggest expenditure for music in the history of Louisiana. The state could’ve released more than 1000 CDs by Louisiana artists for less money, not that the CD market is so hot right now. No doubt there are festival organizers around the state fuming, and rightly so, about how New Orleans seems to get too much. Too bad Hutchinson and Olivier (and Ernest Collins and a few others) aren’t joining Smith at this month’s sentencing.

This scam would not have happened under Ellis Marsalis’ watch. When we ran the Louisiana Music Commission, we couldn’t spend more than $1000 without Chairman Marsalis’ oversight. Maybe that’s another reason why they got rid of us. Not that Mark Smith ever dealt with us truthfully or would’ve included us in this kind of decision-making. He couldn’t afford the scrutiny of anyone with common sense. And had Bernie Cyrus been hired as the Entertainment Cluster Developer back when the state first established the position, these scandals with film and music would not have happened.

This situation gets to the root of how large-scale tax credit systems are manipulated by those “in the know” about government programs. Like the GO Zone credits (a story you can expect to be equally tawdry since these disaster-inspired credits are funding stadium suites in Alabama and myriad projects that fail to address true rebuilding needs), the abuse of the film tax credits goes beyond the mechanics of movie production and deep into the intense world of film (and apparently event) financing. As of now, Mark Smith is a lynch pin but hardly the only perpetrator of fraud. Surely others will soon be doing the perp walk on the evening news. We can only hope.

Unless the FBI or Louisiana Attorney General decides to probe whether fraud took place regarding the music festivals, bending these state regulations apparently has no punitive consequences. And obviously, this isn’t the only state rule so poorly written and implemented. So don’t expect to see the State of Louisiana police its own and exact any punitive measures.

All we can ask is that law enforcement dig deeper into this situation. And hope that the new Jindal administration will do better.

Public Notice? That Doesn’t Mean YOU Should Know

It’s kind of weird being the only “reporter” to cover the attempted regeneration of the formerly amputated government appendage that was/is the Louisiana Music Commission. Since they’re working on a new vision for the agency, commission members, staff and contracted help (Jerry Goolsby of Loyola) recently held a retreat at Dockside Studio in Milton, south of Lafayette, a wonderful place run by my friends Steve & Wishy Nails. Of course, despite my obvious desire to contribute, I wasn’t invited–and neither were you, because the LMC continues to do minimal Public Notice.

It’s not entirely their fault. The law that was so misleadingly called the “Sunshine Law” was passed many years ago to ensure that public bodies make their meetings known so participatory democracy will live up to our expectations. Of course, because politicians crafted the legislation (see it here) they set the “standards” rather low for “open meetings.” To follow the law, a notice must be placed on the door of the “publicly accessible” meeting room 24 hours in advance. So, unless you happen to be in or around the building at which a meeting is to take place, I guess it’s just too bad.

Of course, if you were able to be in the know and actually attend LMC meetings, they’d then be duly bound to give the you the opportunity to speak, for the law says that boards “shall provide an opportunity for public comment at such meeting, subject to reasonable rules, regulations, and restrictions as adopted by the public body.” Evidently the folks in charge only want select input, for few have been invited. And other than commissioners and economic development employees, basically nobody knows about the meetings.

That’s not how Ellis Marsalis, Bernie Cyrus and I did it. We posted notice on the home page of the LMC website, notified the press and even bought classified ads. In fact, not only did we do it prominently; but, we had a special section of the website’s Welcome page dedicated to meeting notices. Additionally, we showcased Louisiana music businesses, debuted products and projects and in general encouraged attendance by the public and by music activists. Of course, the current LMC could do this, but first they’d need a website, and a desire to have the public participate. Oh, and maybe a budget would help–not that we had a budget for the site. We (mostly me) did it in-house.

According to the little bit of information leaking out of the LMC retreat, a website is planned. Hope they launch it before the next governor is sworn-in.

So, it’s only been 2+ years since the loss of louisianamusic.org and buylouisianamusic.com, the domains the current administration let expire after 8 years. However, though the Blanco folks tossed the site into the digital abyss, its archives and links can still be found. Thanks to the foresight of a the Internet Archive, lost sites like louisianamusic.org live on.

The Internet Archive Wayback Machine at archive.org, (a library of digital archives and websites that is growing by 20 terabytes a month), has a search feature that brings the original LMC site back to life. So, if you want to see what kind of website we had (please forgive the dullness, I have no graphic design skills), just type louisianamusic.org into the Wayback Machine and you’ll see archived versions of the site in its entirety. Though these pages do not show up in common search engines like Google or Yahoo!, once you click on a date, you can navigate the whole site and see how much history, how many links and how much work was thrown away.

After posting literally millions of words about so many seemingly important subjects, it’s nice to know somewhere deep in the bowels of the Internet, louisianamusic.org can still be found. Perhaps someday, someone will want to tell the story of the Amusement Tax, once the most dreaded and hated impediment to music in the state, or maybe someone will research the history of the LMC. If so, then thanks to archive.org, lost words will be resurrected, lost thoughts reconnected and lost issues re-examined.

Then again….