Tag Archives: Reality Check

Law, like politics, is stories

Here’s some very broad political advice: don’t confuse proving misconduct with pursuing victory in electoral politics. Though they may overlap, they are distinct things, and the distinction is very important.

I write from personal experience, here. Five years ago, my life transformed forever as the result of joining a frantic, grassroots attempt to prevent the liquidation of my city’s publicly owned charity hospital. We failed, utterly, and while there are many reasons, the most generally applicable is probably the lesson that “but that’s against the rules!!!” should not be assumed a cause’s strongest argument. Even when it’s against the law. Even when you can prove it with facts. Even when they admitted it.

An example: in 2015, Lakewood City Council met in one closed-door session after another. Public deliberation on the city’s hospital, by city council. was almost nonexistent. They got away with it anyway. Despite state open-meeting laws. Despite being sued. Despite their legal counsel—the city’s own law director—admitting during the court proceedings “that a violation has occurred.”

Plentiful other rule-breaking and evidence of rule-breaking characterized our feral local government’s fight to liquidate the public’s hospital. In terms of formal enforcement of rules, they got away with all of it, too, aside from one court ruling which obliged the city to cough up some redacted documents long after the votes had taken place and the hospital was a shuttered hulk.

That outcome, I’m entirely certain, could have been prevented politically. It wasn’t a hard sell. But the grassroots campaign did many many things wrong, including becoming near-obsessed with rule-breaking at the expense of campaigning for political support.

Ultimately, try though we may to make it work otherwise, law and enforcement thereof are a product of politics. Influence can run in both directions, but politics is always present; rules and laws are only enforced when and if political incentive to do so is sufficient.

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Paris terrorism reality check part two

See also part one.