I'm still around :)

Morning, and happy Easter to those in celebration :)

Just wanted those who read the blog to know that I'm still around on the wondrous world wide web...

Recently started a Twitter account for those Tweeters, simply search for me by my name
For those that are not familiar with the service, it's similar to Blogging, just less characters... great for those on the go ;)

Digging out in Burlington...

As many of us know, this year's Valentine's activities were cut short by Mother Nature...
Here I am, bundled up & helping shovel :-P


Jeremy has a post & pics I took the day of & after on Hello Burlington:
Valentine's Day Blizzard - Burlington, Vermont

Ice & snow sculptures coming to Burlington this weekend!

Yeah, due to some last minute saving maneuvers by some wonderful UVM students, a few events have been saved from the chopping block. My favorite is the ice sculptures.
Click this link for some video footage I took of last year's sculptures, near the ECHO center.
Hosting courtesy of Hello Burlington.

Thankfully this year, the sculptures will be on the Church St. marketplace, as you can hear in the video, the wind off the lake can be quite chilling.

Here's the synopsis of the Festival:

Friday, February 8 - Sunday, February 10 The Burlington Winter Festival is back for its 15th year, bigger and better than ever, with events on the Waterfront AND on the Church Street Marketplace! Marketplace activities include Vermont's own sanctioned snow sculpture competition and the Ice Walk, featuring fabulous carvings by seasoned and professional ice sculptures in front of select businesses. Stroll by the wonderful exhibits, vote on your favorite snow sculpture, and you'll automatically be entered in a raffle with prizes from local stores and the University Vermont! Waterfront activities include the Kids VT Family Expo at ECHO at the Leahy Center, and the 12th Penguin Plunge. Come enjoy this fun and dynamic winter celebration. The festival is sponsored by the University of Vermont's Department of Community Development and Applied Economics, Chittenden Bank, Burlington Parks & Recreation, the Church Street Marketplace, 95 Triple X and WVMT.

Global warming campaign coming to Burlington

Just received this from VPIRG (Vermont Public Interest Research Group):

Global warming is all over the news, and has become the top issue of this legislative session, ski season and kitchen table conversations everywhere. But it will be up to the people of Vermont to ensure we find solutions that match the severity of the problem.

We want to invite you to join Burlington Mayor Bob Kiss, neighbors, friends and experts in a new campaign to build a clean, safe and affordable energy future for Vermont.

VPIRG and the Mayor’s office are teaming up to fight global warming at the city and state level, and we want you to join us at our kick-off meeting! The meeting will launch a new city-wide effort to cut global warming pollution, discuss our state-wide campaign strategy, and plan for coordinated grassroots action.

I hope you'll join us at Burlington’s City Hall: Thursday February 8th at 6:30pm.

Burlington and Vermont have a chance to lead the nation this year by cutting our energy use and getting more power from clean local sources. It's the most important issue facing the legislature and the city of Burlington this year, and we need your support to ensure a victory. Together, we can make it happen!

Just checked the City's events calendar, but no mention of the event... here's what I found at VPIRG's website:

Kick-Off Meetings Launch Campaign for Clean Power
VPIRG is part of a coalition of anti-nuke, pro-renewable energy groups supporting legislation that would ensure that our energy needs are met through investments in renewables and efficiency first. We are hosting kick-off meetings across the state to engage citizen activists, discuss our campaign strategy, and plan for coordinated grassroots action (calling legislators, writing letters to the editor). The Vermont legislature has made global warming the number one issue of this legislative session. Now it's up to the people of Vermont to make sure that the solutions they propose match the severity of the problem before us.

It appears from the email that I received that Mayor Kiss is in agreement with VPIRG about the issue, to let our Mayor know how you feel about the issue, he will be taking calls tomorrow morning at 7AM on the Charlie & Ernie Show (620AM on the radio), phone 655-0303.

Annual Winter Festival not happening this year...

Yeah, I know... long time no blog, since (glances at past blog entry) November! wow... anyways, here's the 1st entry for '07

Yup, announced on Ch. 3 last night:

Burlington is putting the freeze on its annual winter festival. The snow sculpture contest and popular Penguin Plunge have helped attract people to the waterfront at a slow time of year. But the festival costs the city about a thousand dollars. And Mayor Bob Kiss says that's hard to justify for an event that's lost a major sponsor, and had a history of bad weather-- all while the city faces a looming budget deficit. So this year's festival is cancelled-- except for the Penguin Plunge.

Last year, Jeremy and I took time out of City Council campaigning to enjoy the neat ice sculptures... we'll see if we can upload the video when we have time.

As for the Festival, Mayor Kiss will be on Charlie & Ernie's 620AM morning show tomorrow (show is from 7AM to 10AM), so if you'd like to call in with your opinion of the cancellation of the festival, or to chat with the mayor, their call in number is 655 0303


Also, on a side note, remember to set your Christmas tree out by the curb for disposal by 7AM Tuesday for pickup ;-)

Remember, remember the 5th of November...

V (as portrayed by Hugo Weaving. - image from Wikipedia

Just a little reminder 401 years ago today Guy Fawkes Night occured, and even Wikipedia is listing the V for Vendetta movie(which is closely connected to the movie) as their featured article today.

See my last post on V for Vendetta, and it is available on DVD.

Jeremy and I are planning on watching the movie today in honor of the holiday, and for those without the movie, read the Wikipedia's quotes from the movie. My favorite quote is when V addresses London:

Good evening, London. Allow me first to apologize for this interruption. I do, like many of you, appreciate the comforts of every day routine- the security of the familiar, the tranquility of repetition. I enjoy them as much as any bloke. But in the spirit of commemoration, whereby those important events of the past usually associated with someone's death or the end of some awful bloody struggle are celebrated with a nice holiday. I thought we could mark this November the 5th, a day that is sadly no longer remembered, by taking some time out of our daily lives to sit down and have a little chat.

There are of course those who do not want us to speak. I suspect even now, orders are being shouted into telephones, and men with guns will soon be on their way. Why? Because while the truncheon may be used in lieu of conversation, words will always retain their power. Words offer the means to meaning, and for those who will listen, the enunciation of truth. And the truth is, there is something terribly wrong with this country, isn't there? Cruelty and injustice, intolerance and oppression. And where once you had the freedom to object, think, and speak as you saw fit, you now have censors and systems of surveillence coercing your conformity and soliciting your submission. How did this happen? Who's to blame? Well, certainly there are those more responsible than others, and they will be held accountable, but again truth be told, if you're looking for the guilty, you need only look into a mirror. I know why you did it. I know you were afraid. Who wouldn't be? War, terror, disease. There were a myriad of problems which conspired to corrupt your reason and rob you of your common sense. Fear got the best of you, and in your panic you turned to the now High Chancellor, Adam Sutler. He promised you order, he promised you peace, and all he demanded in return was your silent, obedient consent. Last night I sought to end that silence.

Last night I destroyed the Old Bailey, to remind this country of what it has forgotten. More than four hundred years ago a great citizen wished to embed the fifth of November forever in our memory. His hope was to remind the world that fairness, justice, and freedom are more than words, they are perspectives. So if you've seen nothing, if the crimes of this government remain unknown to you, then I would suggest you allow the fifth of November to pass unmarked. But if you see what I see, if you feel as I feel, and if you would seek as I seek, then I ask you to stand beside me one year from tonight, outside the gates of Parliament, and together we shall give them a fifth of November that shall never, ever be forgot.

Vermont Libertarians getting press

In the midst of all the political campaigns this time of year, I Just thought I'd mention that our local Libertarian candidates are getting press coverage!:

• VPR Switchboard 10/19: Thurs., Oct. 19 at 7 p.m.: Minor Political Parties
  Most of the attention this election season is on Vermont's major party candidates. But those aren't the only names you'll see on your November ballot. Bob Kinzel talks with representatives from the Green Party and the Libertarian Party.
  (Mp3 version available for download by VPR, the 2nd half is Libertarian party candidates.)
  
• From Cathy Resmer's 802 Online:

• Things I like in the Vermont blogosphere this week:

  • The Hemp-Growing Nudist Wing of the Vermont Republican Party. Ha ha.
  (Through GreenMountainDaily.com)
  

• Also, on Wednesday, 10/18 during Shay Totten's Vermont Guardian segment on the Charlie & Ernie Show, it was mentioned that minor party candidates (like Libertarians) are beating the major party candidates to the punch in answering the Vermont Guardian's ongoing political survey
  

As our state chair, Hardy Machia mentioned in his VPR interview, we currently have 15 candidates running for state and local offices this year. To view our state house candidates, visit: 2006 Vermont Libertarian Candidates on VTLP.org

Also, we do have 2 Libertarians running here in the Queen City, Rob Bussiere, and Johnathan Stauffer are both running for Justice of the Peace under the Libertarian banner. ☺

A new unique candidate with a TV ad...

Not all the Vermont TV campaign ads are about Sanders, Tarrant, Rainville, or Welch... as you just may see a unique candidate; From PayAttention.org, may I present Tacky Ceramic Rooster!



Yup, last blog entry from the candidate on the campaign trail was right here in Burlington!

Tacky Ceramic Rooster Credited For Pottery Surge
BURLINGTON, Vt. - According to pottery enthusiasts across the country, enrollment for pottery classes is at an all time high. Many believe Tacky Ceramic Rooster is responsible for the crowded classrooms. "Tacky Ceramic Rooster has sparked an interest in people who have overlooked ceramics in the past. He has brought passion to this quiet art form." Pottery instructor Lindsay Gangle couldn't be happier. "Thank you, Tacky Ceramic Rooster. Thanks for making ceramics mainstream."



Yes, PayAttention is actually airing commercials (in parnership with the AdCouncil) regarding paying attention to campaign ads. Here's their explanation:

If you're not voting, then who are you electing?
Truth is, you affect the outcome of the midterm elections whether you vote or not. If you don't it will translate into one more for someone else. And that someone else may have the leadership skills of oh, lets say a bag of leaves, or a tacky ceramic rooster. Moral of the story? Get involved. Get informed. Pay Attention. And vote.

Multi-modal building has plans for development

In today's Free Press

New idea for Battery St. site

Hopefully Monte is right, and the city will not lose any more money than it already had with the multi-modal plan.
It's kind of funny that this is the first mention of a project update about the building, and no mention of it on the local TV stations RSS feeds.... perhaps Ch. 3 and others will have more coverage about the development soon, as I'm curious (as I can imagine others are as well) as to how the parking and traffic issues will be addressed with this proposed mixed commercial/residential building.

Intervale land sale coverage, & City Kids meeting

According to Mayor Kiss' comments on 'You Can Quote Me', he felt that the land sale would go through...

City to discuss proposed Intervale land sale

But, the public does not seem to be in agreement with the Mayor's thoughts of the land sale, according to the Free Press poll:
Intervale Land Sale Are you in favor of the city selling 199-acres of the Burlington Intervale?
As of 8/22/6 at 3:23PM:

	26.2%
Yes

	53.6%
No

	7.1%
Unsure

	13.1%
Don't Care

Also, for those concerned with the City Kids issue, Mayor Kiss will be attending a meeting tonight at Burlington Electric regarding the City Kids program:
CITY KIDS MEETING Burlington Mayor Bob Kiss will convene a public meeting Tuesday night to discuss the city's proposal to merge the City Kids after-school program in Burlington After School, a school district program. The meeting is scheduled for 6:30 p.m. in the auditorium of Burlington Electric Department, 585 Pine St.

Mayor Kiss on 'You Can Quote Me'

Since Ch 3's 'You Can Quote me' program is unscripted, (leaving no script you can read on the WCAX site) and you have to purchase the tape of the program to learn what was discussed if you did not watch the program, I thought I'd post a summary of what was discussed for those that missed the program... some interesting issues were discussed.

1. Gun control
1. [Kiss]Larger city mayors are addresssing this issue, possibly having the police seize guns at domestic dispute scenes as an option; "perhaps it should be addresssed at state, not at municipality level."
2. [Andy Potter] Guns in involved in the crimes here in Burlington were illegal, all the laws in the world will not help the issue, your thoughts?
1. [Kiss] Suggest more laws in Vermont because (the laws) are too open
   
   
2. Sanctuary City
1. [Kiss] Someone who is undocumented is a public safety issue, as they can be reported to INS
2. [Marselis] Plattsburgh was a sanctuary in the past for those waiting to be processed for entry to Canada, which lead to budgetary strain
3. Intervale
1. [Andy] Is it a good deal? $200,000? If it was on the waterfront, it may possibly be a public scandal...
1. [Kiss] Yes, it is a good deal; land in Intervale is valued differently than waterfront ; I believe the sale will go forward
2. Why isn't Burlington buying the land?
1. [Kiss] The Intervale organization already has a vision for the land, and they could be our partner (city would own 1%)
4. Moran
1. [Andy] Where is it curently headed?
1. [Kiss] We've heard from the survey that we should find a good use for it, the city gave a generous view, but it was not definative; Understood the results as: Whatever decision is ok with us
   As it now stands, it is undecided, trying to now get plans, sketches from the survey results
2. [Marselis] Can the building be demolished?
   
1. Yes, we estimate it would cost over $1 million, but some proposals, such as the one for the Y also shows it is reclaimable
   
5. North 40
1. [Andy] Where is it going?
1. [Kiss] No decision yet, moving slowly on development in that area; looking more towards possibly developing other areas of waterfront, like the railyards
6. Southern Connector
1. [Andy] What are your thoughts about the railyard ?
1. [Kiss] Land is currently owned by the state, but it also has a long term lease on the land by the Vermont Railway
2. [Andy] What is the length of the lease? 30 years?
1. No, much longer than 30 years
3. [Andy] Developing the railyard?
   
1. [Kiss] Yes, it would be ideal, but not something that would be immediate
   
7. City Resources
1. [Marselis] Have the revenue sources for the city been exhausted?
1. [Kiss] I dont think so, we're trying to be efficient, we have the lowest tax rates for schools in the county; our goal is to do more with less
2. [Marselis] I find it kind of funny that a Progressive is saying we could get more out of property taxes...
1. [Kiss] I'm still sorting out a taskforce to discuss alternative methods of revenue
3. [Marselis] What would you suggest, a city income tax?
1. [Kiss] I am not afraid to bring up that suggestion, as alternatives need to be discussed
4. [Marselis] How about the idea of a Metro Police or Fire?
   
1. [Kiss] We have looked at it, some potential, such as a metro dispatch service, but not to use it for police department
   
8. Burlington Electric
1. [Andy] BED's long-term power, in wake of the current energy news... any plans?
1. [Kiss] Our major commitment is energy effiency; committed to wind power, which will reduce the energy need by 1/3
   
2. [Andy] But renewable energy would not sustain the city...
   
1. [Kiss] I have no answer for the long-term view
   

As he stated in the program, Mayor Kiss believes he is connected to residents, and residents are able to contact him by: bkiss@ci.burlington.vt.us or 802-865-7272
He is also to attend tomorrow's meeting about the Intervale land sale - 6PM at Contois Auditorium

Southern Connector informational meetings coming

For those that missed yesterday's Ch. 6 o'clock news Around The Region Segment, there will be a series of 4 meetings starting 7/24 and lasting until 8/3 that are open to the public.

From what Jeremy and I had heard at our last BBA meeting on 7/6/6 (from DPW director Goodkind), there is a change to what was originally in mind to be worked on: it now is set to connect the interstate to Pine St without going through neighborhoods, which is 1/2 of what the plan originally was. Goodkind believes it will not help the King street area's current congestion, and that the project will not be connecting Pine street to Battery street.
Goodkind also mentioned that the Act 250 process is still not over, as well as the envronmental studies, but if all goes well, they expect to start construction in Spring/Summer of 2007.


Below is the text from last night's Ch. 3 segment:
Burlington's long-delayed Southern Connector will be the subject of four public information meetings starting next week. A series of problems halted construction of the road almost twenty years ago. But officials say work might resume as early as next year -- if the road gets its environmental and land use permits. Formal hearings are expected in the Fall. The informational meetings will be informal -- an opportunity for anyone who wants to know more about the project. ((Steve Goodkind/Burlington Public Works Director: "They can ask questions and unlike hearings there's a back and forth on this, give and take. They can ask, answer questions, get more information. A hearing, you go and speak your peace and eventually you'll get an answer.")) The first of the informational meetings is this coming Monday, July 24th at six o'clock at the Burlington public works department.

And the meeting times:

Southern Connector Informational Meetings:

Monday, July 24 at 6 P.M.
Burington Public Works Dept.
645 Pine Street

Thursday, July 27 at 12 P.M.
Contois Auditorium
Burlington City Hall

Monday, July 31 at 2 P.M.
Burington Public Works Dept.
645 Pine Street

Thursday, August 3 at 6 P.M.
Burington Public Works Dept.
645 Pine Street

Burlington's more expensive than surrounding cities

Story from Dan McLean at the Free Press, confirming what most taxpayers already know...

Burlington pricier than average

LOST in Burlington

Image from www.grucci.com


Yup, that's right, today starts the new 1% local option sales tax (or LOST as I call it) here in Vermont's Queen City.

Surprising that there's hardly any mention of this online, aside from the articles about it being voted on & discussed at City council meetings.

As my husband Jeremy says, "What a way to celebrate the Independence day, but with a new tax"

Thanks to Nancy Remsen at Free Press for publishing an article about the issue, as well as the cigarette tax increase, and the number of laws the Vermont Legislature has enacted during this past session - 139



7/3/6 Addendum: Now more coverage on LOST:

• Local Tax Takes Effect In Burlington - WCAX 7/2/6
  

• Burlington's one-percent sales tax took effect on Saturday - Free Press 7/2/6
  

School district embraces the free market in Internet service

In today's Free Press, there's an article about the Burlingon School District ditching the Burlington Telecom service for a faster & more affordable service, but get this: for the same price, they would be getting 5 times the speed of service from the main provider that they already receive!

Kudos to the school district for taking initiative on this & saving some of our taxpayer money!

Burlington School District switches Internet provider service from Burlington Telecom

Free Press now has a political blog!

Yeah, I know, been slacking on the blog entries; but hey, ya gotta enjoy what summer we have while it's here :-)

Here's a snippet of local political news...

A repost from PoliticsVT's Blog from 6/24:

It looks like the Burlington Free Press has caught on to the power of blogging!

Nancy Remsen, Sam Hemingway and Terri Hallenbeck, which make up the Free Press' political reporting staff across the state have started a blog (with permission from the Free Press) to focus on all things political in this Campaign '06.

Even though the Free Press threatened to sue us, we thought as a jesture of good will between our little blog and the Garnett News System -- we will post Nany and Terri's blog on our short list of PoliticsVT approved sites. Some of you may not know, but it takes a lot to get on PoliticsVT's approved site list. Sites need to demonstrate a dedication to informing the public, provide good information for the public and be operated with fairness for all political beliefs.

Terri, Nancy and Sam are very strong journalists and are noted for their solid understanding on politics and government. We're glad that they started a blog. Way to go!

Click here, to go to VT Buzz.

Burlington Taxpayer Protest at Monday's City Council meeting

Image by Citizens for Limited Taxation

Tom Licata, former candidate for City Council in Ward 6, is organizing
a Taxpayer protest during the Monday's City Council meeting, 7PM City
Hall's Contois Auditorium.

Here is a recent letter to the editor of the Free
Press from Tom:
(Titles for the letters are usually determined by the Free Press)

Kiss should keep focus local

Memo to Burlington Mayor Bob Kiss: It appears you are restless and in
search of a problem to solve. Rather than taking on the gun lobby or
finding "solidarity" with illegal immigrants, stay closer to home and
find solidarity with an oppressed group of Burlington taxpayers.

You know, I've never heard of a city or state that has been taxed into
prosperity. Have you? Rather than having taxpayers continue to
shoulder an unfair burden of their tax dollars supporting
dysfunctional government processes, you could start with consolidating
city services through an efficiency and effectiveness study. Then,
move on to building a five-, 10- and 20-year economic growth strategy
for our waterfront (hint: over time, tax revenues are determined by
economic and productivity growth). For "peace-of-mind," our citizens
deserve to have more certainty over their future tax increases. A
"Taxpayer's Bill of Rights," which would limit tax increases to no
more than inflation, would force you to set spending priorities the
way that families and businesses do, and would require government to
live within its means.

Lastly, although you and many in your City Council may derive
vicarious gratification from supporting our city's public sector and
teacher unions with generous and unaffordable benefits and pay
packages, it's time to stop these indulgences. It's time to stop
living in an ideological dream world, and begin the heavy lifting
required to get this city back on track. Be restless no more!
TOM LICATA
Burlington

Tom also has some flyers about this issue to hand out to your
neighbors, to reach Tom: 658 8624

Brief update to the 'Sanctuary City" issue

For those that missed the Wednesday's (5/31) Ch. 3 6 o'clock news, there was a brief mention of City Attorney McNeil's findings about the proposed Sanctuary City. Here's the text from the segment:

Burlington's Attorney has completed his research into how the city can become a sanctuary for illegal immigrants. Mayor Bob Kiss suggested the move earlier this month at an immigration rally as a way for illegal aliens to reside in Burlington without fear of deportation. City Attorney Joe McNeil says his research into the legal issues indicate the criminal laws must be enforced -- but the civil laws regarding immigration issues are more complicated. ((tape 310 tc 11:34 Joseph McNeil/Burlingtonj City Attorney:"There'll be no recommendation from the City Attorney's Office that would involve anything less than full enforcement of our criminal laws. And with regard to the civil statutes there's a great deal of policy discussion that will have to take place between the research that we found and any implementation. So it's months away.")) McNeil says he looked at 58 communities in 20 states that currently offer some kind of sanctuary benefit to illegal aliens.

So far, there's no mention of this issue on the agenda for Monday's City Council meeting, so we'll see if there will be an amendment to the agenda, or if there are comments during Public Forum (7:30 time certain for those interested in speaking).

Mayor Kiss calls for greater gun control

Another controversial issue being addressed by our Burlington mayor...

May 26, 2006

BURLINGTON, Vt. --Mayor Bob Kiss, stepping into sensitive political territory in just his second month in office, responded to a shooting incident in the city by calling for greater gun control.

Kiss distributed to reporters at a news conference to discuss budget issues a news release from the police department about a shooting in the Old North End of the city in which a 22-year-old man was seriously injured by a single gunshot. It was the second such shooting in Burlington this year and Kiss said it demanded his attention.

"I really have concerns in general about handguns and the fact there's maybe more prevalence in the world to the use of violence," Kiss said. "I don't think two events suggest a change, but it's definitely something we all need to pay attention to in our personal lives and in the life of the city. And I think we can do more around the issue of handguns in particular."

Gun control traditionally has been a sensitive issue in Vermont, and there are few restrictions. Kiss said he did not want to project an image that the state or its largest city were a convenient place to buy weapons.

"There's a billboard as you go into Boston now that lists states that contribute to handgun availability in the state of Massachusetts," Kiss said. "And Vermont is on that list for Massachusetts because it has concerns that we don't do as much as we could to control the purchase and availability of guns. In the world at large there's room for Vermont and Burlington to look at the issues of handguns." -- from AP wire


And now from WCAX:

BURLINGTON, Vt. Burlington Mayor Bob Kiss is responding to a shooting incident in the city by calling for greater gun control.

Kiss called a news conference to discuss budget issues.But he opened it by discussing an incident in the city in which a 22-year-old man was seriously injured by a single gunshot.Kiss says he has concerns about handguns and the prevalance of violence.The mayor didn't offer any specific proposals on what might be done, but he says the public and political officials need to pay attention.

If Mayor Kiss doesn't think the two events suggest a change, then why is he even mentioning this issue? Stick to the main reason why the press conference was called - the budget & our increase to taxpayers. I would much rather like to see him working more on the budget (& addressing the future budgetary problems) & repairing the abundant potholes around town, as I believe that is something that should be at the forefront of the administration's agenda.

Medical Marijuana's 'holding pattern' in Burlington

Image - www.cannabisculture.com

This entry is in regard to this week's Seven Days article about problems that a medical marijuana recipient undergoes that lives here in Burlington. Here's the text of the article:

Smoked Out
Could the feds snuff out a Vermonter's medical marijuana?
by Ken Picard (05/24/06).

Shayne Higgins flinches and shields his eyes from the sun as though it were a laser beam cutting through his skull. He sits helplessly in his motorized wheelchair and waits, in visible pain, as two friends hastily assemble a makeshift ramp so he can roll into the house and out of the daylight.

PHOTO: JAY ERICSON - Seven Days

Higgins is pale, gaunt and skeletal, with hollow, sunken eyes and limbs that are withered and curled from the ravages of advanced multiple sclerosis. He appears drained by the 10-minute ordeal of getting into the home of his friends "Willy" and "Tessa" (not their real names). Willy is Higgins' medical advocate and registered marijuana caregiver. About once a week, Higgins makes the laborious, 40-minute trip from his home at the Starr Farm Nursing Center in Burlington to this house in rural Chittenden County so he can smoke medical marijuana.

Higgins, 45, was diagnosed with MS in 1998 after suffering a seizure. Since then, he's lost his eyesight and most of his mobility. Higgins speaks in slow, slurred sentences and fades in and out of lucidity. His spaced-out demeanor is only partly due to the MS, Willy explains; mostly, it's a result of the 14 to 17 prescription drugs Higgins takes every day to control his pain, seizures and muscle spasms.

Higgins is one of 29 Vermonters registered with the Department of Public Safety to legally consume cannabis under the state's medical marijuana law, which took effect in October 2004. But unlike other medical marijuana patients, Higgins isn't allowed to consume cannabis in his own home. Starr Farm's administrators have told him that they could lose their Medicaid certification and federal funding if they allow him to possess or use a drug the U.S. government considers illegal.

Last summer, a Starr Farm staff member found a marijuana cigarette in Higgins' belongings and called the police. Although he had a Marijuana Registry ID card, the Burlington officer confiscated the joint; no charges were filed. Since then, the nursing home's administrator has told Higgins that he may not keep marijuana in his private room or smoke it anywhere on the grounds.

Willy calls the nursing home's position unjust, unreasonable and absurd. "They say they can't allow Shayne to use medical marijuana because they receive federal funding," Willy says. "Yet they're using a federal van and a federal driver to bring him here." Willy also points to Starr Farm's own "Resident Admission Agreement," which states that each resident "has a right to be free of interference, coercion, discrimination or reprisal from the facility in exercising his or her rights."

Higgins appears to be the only medical marijuana patient in Vermont caught in this cloudy legal area, but his case raises a number of larger questions: Does federal law always trump state law when it comes to the use of medical marijuana? Can the U.S. government use the threat of prosecution and financial penalties to enforce federal policies that are incongruous with state laws? And, more generally, do nursing home residents have the same privacy rights and protection from unreasonable search and seizure as people who live in private residences?

Once Higgins is inside the house, Willy goes into a bedroom, where two nearly mature pot plants are growing in a closet, bathed in the orange glow of an expensive lighting system. By law, Willy can only grow two mature plants and one immature plant at a time, and can keep no more than 2 ounces of dried, smokeable weed on hand. One of the plants, about 3 feet tall, is thick, green and bushy. Willy shakes his head at the other one, which is shorter and scrawnier. "This one's called Jack Hair. It's piss-poor and has no medicinal effect. I'll probably have to destroy it," he says.

Next, Willy opens a locked cabinet where he stores a vial of dried buds harvested from an earlier plant. Back in the living room, he hands the vial to Tessa, who packs Higgins a pipe full of the spongy, green bud and helps him light it. Higgins draws a deep puff and starts coughing slowly. Minutes later, the effects are visible. Higgins' curled fingers unclench from the armrests of the wheelchair and his taut frame relaxes, like a twisted rubber band returning to its natural shape. He reclines his head, closes his eyes for a moment, and manages a brief smile.

"I'd smoke at least once a day if I could," Higgins says slowly, putting the pipe down after two hits. "It calms my nerves."

Several minutes later, Tessa brings him a sandwich. Higgins' appetite is much better after he's smoked, she says. Before his arrival, Tessa expressed concern that her friend has lost a lot of weight, especially after a recent bout with bedsores. Several weeks ago, the swelling in his leg got so bad, they feared it might have to be amputated.

Willy retired from IBM after 30 years as a technician. He became Higgins' marijuana caregiver about six months ago after going through a state-mandated criminal-background check. Willy isn't paid for his work; in fact, it costs him $100 a year to be listed on the marijuana registry. He also covers the other expenses of growing Higgins' pot.

Willy has learned a lot about MS and cannabis' unique ability to relieve its symptoms, as well as many of the side effects of the pharmaceuticals commonly used to treat the disease.

Much of what Willy knows he learned from his friend, Mark Tucci, a marijuana patient who lives in Manchester. Tucci, 49, has had MS for about 12 years and grows his own herb. Although the state registry is confidential, Tucci has met four or five other marijuana patients in Vermont, and occasionally advises them on proper growing and harvesting techniques. The Vermont law didn't create a legal means for patients to obtain marijuana seeds or plants. Basically, patients are on their own, and must buy what they need on the black market.

Tucci admits it was hard for him to visit Higgins -- it was like looking in the mirror and seeing himself from several years ago.

"I was like Shayne -- all stoned, ripped, narc-ed out, laying in a ball and sleeping all the time," Tucci says. "Don't get me wrong. I still have MS. But I don't have a catheter in me. I know what day it is. I'm raising a family. I'm getting out and doing stuff around the house. I couldn't do any of that before."

Unlike Higgins, Tucci speaks in a clear and coherent voice. He can walk -- albeit with a crutch -- and is raising two teenaged boys on his own, though he can no longer work. He's reduced his daily meds from 17 to three. And he credits most of those improvements to his use of medical marijuana.

Tucci smokes about five joints a day, or about 2 ounces each month. He's figured out which strain works best to control his muscle spasms and which one manages his pain. In fact, Tucci has nearly finished writing a guidebook for other medical marijuana patients in Vermont on how to grow medical cannabis.

Tucci asserts that Higgins could make comparable improvements if he were allowed to smoke every day instead of just once a week. "If that man could have a constant supply [of cannabinoids] in his body, you give him three or four months and you could wean him off all that other crap," he says. "That poor sonofabitch just lays in bed and suffers. Who can live like that?"

Rachael Parker, administrator of the Starr Farm Nursing Center, refused repeated requests by Seven Days to be interviewed for this story. However, shortly before press time she issued the following statement: "We care about our resident and will continue efforts to assist him in managing his health needs. However, we must abide by state and federal laws with regard to this matter."

Last August, after Burlington police seized Higgins' marijuana, the nursing home also refused comment but issued a statement to the press: "A registry representative informed us that because our facility receives federal funds, and federal law prohibits the possession and use of marijuana, its possession and use in our facility is against the law, and therefore is strictly prohibited."

But Department of Public Safety Commissioner Kerry Sleeper denies that his office or the registry was ever queried on this issue, or offered an opinion on whether a nursing home's federal funding could be compromised by a resident's medical marijuana use.

Senator Jim Leddy (D–Chittenden), who chairs the Senate Health and Welfare Committee, says that although DPS initially opposed the medical marijuana bill, Kerry has since made it "very clear" that his agency would not violate the spirit or intent of the law. While Leddy recognizes that the Burlington police officer was put in awkward position because he was told that a crime was being committed, "That's where the nursing home exercised exceptionally poor judgment.

"We did not anticipate, nor did we ever think, that state or federal drug agents would come in and raid an individual, let alone a nursing home, and bust them," Leddy continues. "How the nursing home is handling this appears to be somewhat irresponsible and, frankly, inhumane."

Jackie Majoros is director of Vermont's Long-Term Care Ombudsman Project, which is part of Vermont Legal Aid. She advocates for people who are homebound or living in nursing homes, residential homes or assisted-living facilities. Majoros asserts that Starr Farm is Higgins' legal residence and he should be allowed to use medical marijuana in the privacy of his own room.

"It's hard for us to believe that federal prosecutors would prosecute someone like Mr. Higgins, who's struggling to manage symptoms of a debilitating disease," Majoros says, "or that they would choose to prosecute the nursing home for allowing him to get that relief in his own home."

When this issue first arose last summer, Majoros says she tried to contact administrators at other federally funded facilities around the country to see how they handle this dilemma. She didn't get very far. "There wasn't a whole lot of willingness to talk about it," Majoros admits. "They're all doing it below the radar."

The divide between the states and the feds on medical marijuana use has only grown wider in the last year. In 2005, the U.S. Supreme Court ruled that California's medical marijuana law, which was the first in the nation, does not protect cannabis patients, growers or distributors from prosecution under federal law. And in April, the U.S. Food and Drug Administration issued a statement denying that there are any medical benefits whatsoever from using marijuana.

But there's been no evidence thus far that the feds are pursuing federally funded health-care facilities that condone medical cannabis use, according to Kris Hermes, legal campaign director of Americans for Safe Access. The Oakland, California-based nonprofit tracks legal issues on the medical marijuana front. In California, it's estimated that 200,000 people use cannabis for medicinal reasons.

Hermes says he's never heard of a nursing home being threatened with the loss of its federal funding or certification. Nevertheless, "There's a lot of fear out there," he says. This is particularly true among low-income patients who live in federally subsidized housing. Some landlords who accept Section 8 housing vouchers are also wary, fearing federal asset-forfeiture laws if they condone medical pot growing or distribution on their property.

"It's something that the federal government has the ability to scrutinize," Hermes adds. "The drug laws are extremely draconian about what conduct is acceptable in subsidized housing."

Back in Vermont, Higgins is in a "holding pattern," according to Majoros. The Vermont chapter of the American Civil Liberties Union is researching his case and considering a lawsuit. According to Vermont ACLU director Allen Gilbert, plenty of case law covers the privacy rights of hospital patients, but very little addresses the privacy rights of nursing home residents.

In the meantime, Higgins says he'd be happy if Starr Farm just allowed him to smoke discreetly outside, the way other Starr Farm residents are allowed to smoke tobacco. But Higgins also says he'd prefer to move to another facility altogether, where, he says, he could get a shower more than once a week, the residents are closer to his own age, and the administration "isn't paranoid" about him smoking pot.

Still, Higgins' marijuana caregiver recognizes that moving him into another facility may not solve his problems. "We don't know that yet," Willy admits. "If they receive federal funding, we'll have to play this game all over again."

Personally, I believe that it is up to you to choose what types of medication you want to take for an illness, as it is your body and no one else's.

More info about this topic:
Medical Marijuana ProCon.org

http://www.vtnorml.org

http://www.mpp.org/