Monday, January 14, 2008

My day in court.

Yup. I was in court today.

[Please note that all quotes in this report are paraphrased to the best of my ability to recall what was said. If you check the court transcript and find otherwise, please correct me.]

No, I didn't get arrested or sued or anything like that. The beloved city of Johnstown, near which I live and in which I work had to go to court today to ask for permission to levy a commuter tax upon me. Since the public was to be given the opportunity to speak, I took the day off from work, (which worked out really well, what with my whirlwind round trip to Chicago and back this weekend. I got to sleep in some.) and went to the courthouse for this afternoon.

I go to the courthouse, I empty my pockets, go through the metal detector, set it off anyway, (stupid belt) get wanded, and proceed on in. I ask the guard if he can tell me what courtoom the tax hearing's in, and he doesn't know, but directs me to the court administrators office. I poke my head in the door to three people staring at me silently from their desks. I excuse myself and ask them if they would please direct me to the courtroom where the tax office is being held. One guy, without saying a word, points in some direction. Thankfully, someone walking into the office from behind me says, "It's Courtroom One." I thank her, not him, and head off to Courtroom One.

I'm about an hour early, because I'm expecting a crowd, so I take a seat. 10 minutes later, a courthouse staffer asks me, "can I help you sir?" I explain I'm there for the tax hearing.

Eventually, the city's attorney and witnesses show up -- the city manager and finance director, and an attorney working with them on the state's Act 47(?) "Distressed Status" recovery plan. Then the judges roll in, and the discussion between the judges and the city's folks lead me to believe the hearing will not be presided over impartially. Then two, maybe three reporters from local papers roll in.

And nobody else.

Just me. I'm the only citizen concerned enough to bother to come and say anything, for or against.

So I sit there, and take notes. Johnstown was very well prepared. And stated their case well. Yes, we know we've been mismanaging our funds for years, we've had million-dollar deficits the past two years, we've had 15 YEARS worth of recovery plans that haven't worked, we're all out of freebies, PLEASE let us place this burden on the backs of people who don't live here and don't vote here.

The judges asked if anyone wants to comment, I raised my hand, they recognized me, and I stated my objections. I had prepared a statement, but opted not to read it, as the city's witness gave me a jewel in the statement from the stand, "we are now asking the non-residents to play a part[ in the city's recovery.]" (paraphrased second part there.) (He gave me another jewel in a statement about purchasing some equipment, he'd told the city, "Just buy it, and we'll figure out how to pay for it later." I didn't get a chance to whip that baby back out though, sadly.)

"Frankly, that's a lie," I said, "because we've not been asked to do anything." (paraphrasing here,) "we're being told to pay a tax." The judge recognized that as a fair statement. I was challenged by the judge that I use city services on my ride to work. I already pay for these services in my home municipality, which I deserve to pay." "With respect to emergency services, I already pay a $52 local services tax." (Used _solely_ to fund emergency services.) With respect to the 2 miles of roads I use daily, "if you're going to tax me to use the roads, tax everyone. Put up toll booths." Since they also (inappropriately) brought up the other big local tax issue -- the Payments-In-Lieu-Of-Taxes (PILOT) payments they're trying to extort from city non-profits, I commented there, too. "I'm on the board of a local nonprofit looking for a home. Why should I look at Johnstown, when you're just going to sock us for putting down roots in town?" I feel that non-profits, through our efforts provide more than enough value in what we do for the communities we serve, to be squeezed by PILOT pay-offs.

At one point the lead judge made the point that what they're doing really is the lesser of two evils. "With all due respect, the lesser of two evils is still evil," I responded. Apparently, I made that point with sufficient enough poise and tone of voice as not to be thrown in jail for Contempt.

I spent the drive home with L'esprit de L'escalier -- Staircase Wisdom -- echoing through my head. There were things I could have said better, certainly. Oh well. I think I said what I wanted to, though.

The court will make a decision in a couple of days. I wish I could be there for it. I'm pretty sure they're going to give the city permission to tax me. Which sucks. While I'm not okay with it, I'm glad I got to speak my mind at the hearing.

What I really find more disappointing than the proceedings is the fact that no one else showed up to voice their protest, although I've spoken to a lot of people these past few weeks who do oppose the tax.

There's a concept I've mentioned here before: The Sanction of the Victim. It is the fact that evil by itself is impotent, and requires your permission and participation in order to succeed. Stand up, identify something as evil, point a finger at it, call it out, and withhold your approval for what it wants to do. I did that today. I recognize that they're going to tax more money from me by force. I told them I recognized it. I've done my part. So, fuckers, bring your guns and pick my pockets. I know what you're doing, and so do you. My conscience is clear. Yours is not.

Sadly, a lot of people stayed away from the courtroom today. They sanctioned evil. To all those folks, I close with another concept, best summed up with a quote whose source I cannot locate: "We deserve that which we tolerate."