Supreme Court Ruling November 25, 2020

Midnight Ruling Exposes Rifts at a Supreme Court Transformed by Trump

The justices issued six opinions, several of them unusually bitter, in upholding challenges from churches and synagogues to state pandemic restrictions on religious services.  (NYTimes)

Barry's Comment: 

If, as the Supreme Court ruled, the government cannot stop a religious gathering because of a perceived medical or health problem due to separation of church and state, then it should not be allowed to rule on abortion because the main reason for not performing an abortion  which motivates Pro Lifers is so the infant can be baptized, even at the risk of the mother's life. At base, Pro Life is a religious and not and an ethical or moral issue. It is an individual religious,  ethical and/or moral judgement whether or not to terminate a pregnancy and, since the constitution prohibits interference with religious practice the Supreme Court has no role in stopping or enabling it. Abortion cases should not be brought to court since it should have no jurisdiction in the matter. This is in keeping with the ruling cited above.

 Letter to the Editor, Miami Herald, Published May 24, 2020

Open Mic:  Opinion missed the point SR 836 extension

Omitted:   ( It is interesting that Editorial Board chose to publish the opinion of Mr. Victor Dover, the father of intensive development in South Florida who's idea of a perfect city is Paris. The notion that Miami can grow rationally and that we should plan our roadways accordingly does not relate to the Champs Elysees. )
 
    Neither Mr. Dover and Mr. Philip Kushlan, with derogatory rhetoric, nor Administrative Law Judge Suzanne Van Wyck, notes credentials as a traffic engineer.  Yet they offer subjective opinions regarding the impact of the proposed roadway on traffic in West Kendall focusing on travel time. The actual rational for the project is that traffic in west Kendall would be able to go west to 836 in the morning and east in the afternoon from 836 relieving traffic in east  Kendall. The new road way will also serve Bus Rapid Transit (BRT) with dedicated lanes and stations along the way. BRT vehicles would pick up passengers at depots throughout the area which will have no parking facilities but which will interface with circulating vehicles bringing passengers to them. Also, Miami is one of the only major cities in the nation or the world without a ring road which enables traffic to avoid the congested traffic core. This roadway would create a ring road at least south of Flagler.
     They also offer subjective opinions regarding the impact on the environment; only Mr. Kushlan has credentials in that field. In truth, the ruling by Judge Van Wyck minimizes the environmental impact and focuses on traffic travel time, a specious argument in this case. And, it would seem the judge's minimal environmental concerns can be addressed with minor changes to the roadway.
    The environmentalists are afraid that the new roadways will increase building beyond the UDB. MDX does not issue building permits; the County does. And in fact, by Florida Statute, the South Florida Water Management District has limited authority in environmental matters; they deal in permitting. The environment is the sole province and responsibility of the Florida Department of Environmental Protection. All should have known that.
   Hopefully, those who review the ALJ's opinion will understand these matters more fully and have less personally invested in the outcome of this litigation. The goal of all transit planning in Miami-Dade County is to get people out their cars so that travel time for
private vehicles, the erroneous focus of the ruling in this matter, is not related to the issues at hand. It is up to the FDEP to determine if the road will be environmentally harmful and up to MDX to make modifications in the roadway to address any well informed judgement of negative environmental impact. And it is up to the County to adhere to written and sensible concurrency per Florida Statute 163.3180 and local concurrency requirements.


Barry J. White
President
Citizens Against Nonconcurrency Taskforce, Inc./CANT

 EVERYONE MISSED THE POINT OF THE 836 EXTENSION

   RE: 836 Parkway Ruling (Apr 1, 2020)

   In 2005 when the late David Lyons and I, as founders of Citizens Against Nonconcurrency Task Force, Inc., suggested to MDX the extension of SR 836 south toward SW 136 Street we had some specific reasons in mind.  As victims, even then, of major traffic congestion east of 97 Ave and south of Bird Road we conceptualized the roadway as a way of reducing the congestion in our area by allowing traffic from West Kendall to go west to it in the A.M.and east from it in the P.M. The judge focused on time, not necessarily the most important variable. The roadway would provide an additional route. It would create a ring road; Miami is one of the only major cities in the world which does not have one. Wikipedia lists hundreds of cities which do have one.
     The planned roadway would specifically be designed to facilitate bus rapid transit further relieving traffic in the area. We proposed depots without
parking facilities where circulator vehicles could drop off passengers to be picked up by those buses. The goal of all transit should be to get people out of their cars; this roadway would contribute to that.
    Reading the judge’s ruling it appears that both sides have more work to do. The petitioners, including one who wants to build a new city there, must more closely assess the actual impact of the roadway on the environment and agriculture. The judge did not seem to think it was onerous but rather focused on technicalities. And the SFWMD is remiss in not actually completing its plans on what they will be doing in the area. The defendants are also at fault in not providing specific measures which will assure that building beyond the UDB will not occur except for agricultural use.
     From here on a lot of politics will determine the outcome of what should be a major improvement in our traffic and transit systems. And, we the people, are still stuck in our cars with roads which are always behind the need and transit which does not provide first and last mile service, and is  seamless, clean, safe, convenient and dependable.

Barry J. White
President
Citizens Against Nonconcurrency Task Force, Inc./CANT
Miami