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April 2, 2009                                                                                                  Volume 5,  Number 13

In This Issue

  • The MIAC Report
  • Visitors of the Week
  • Cynthia in the News
  • A Little Bit of Humor…

 

Contact Me

Representative

Cynthia Davis
19th District

Majority Floor Whip

Missouri State Capitol Room 112
201 W. Capitol Ave.

Jefferson City, MO 65101


Phone:  573-751-9768


Website

http://www.cynthiadavis.net/

 

E-Mail cynthia.davis@house.mo.gov

Committees

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Missouri State Constitution

 

 

 

The “Politically Incorrect” Report

 

I love our United States Constitution.  Everyone should take the time to understand what it is for and why it is so important.  One of my favorite sections guarantees our freedom of speech, especially political speech. 

 

On the subject of free political speech, several of my readers have asked me about a report on the “Modern Militia Movement,” issued Feb. 20, 2009 under the name of Gov. Nixon.  The report was written by the Missouri Information Analysis Center (MIAC) under the oversight of the Missouri Highway Patrol.  The purpose of the report was to inform our law enforcement officers about people who are prone to illegal acts and uncivil behavior.  Filename: j0400644.jpg
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This report received national attention because it was supposed to be pure information based upon good research disseminated by our government about the modern militia movement, but the report characterized dangerous militia participants as:

 

 

 

*      Pro-life “Anti-abortionists have been known to take up arms in support of their beliefs,”*

*      Members of the Constitution Party,

*      Christians “Religious ideology popular in extreme right-wing circles,”*

*      Supporters of Ron Paul in his Republican bid for president,

*      People who display a yellow flag that reads, “Don’t Tread On Me,” and

*      States rights advocates, “They argue that the government has gotten away from the intent of the Constitution and is thus not valid.”* 

 

Commonly recognized terrorist groups were not even mentioned in the report. In fact, most groups listed in this report are more likely to be good citizens - and even legislators!  MIAC must think it is dangerous for people to know the Constitution.  How offensive would it be if we listed all the people on the left of the political spectrum as being potentially dangerous?  The report had the same effect as saying that people on the right who practice free political speech are dangerous.

 

Shortly after this report was leaked, I started getting e-mail from all over the country and this became a topic on many talk shows across the nation. 

 

When I first saw the e-mail messages, I asked my assistant to research if this was a hoax, because I could hardly believe that our own state would issue such a document on state letterhead with the signature and approval of our governor.  Shortly after she verified its authenticity, I learned that a lawsuit was filed by both the American Civil Liberties Union and Missourians United for Life.  The latter organization issued a press release, which you can read by clicking on this link:  Press release.

 

How could such a document be produced with taxpayer dollars and go on to make such highly political statements? 

 

The governor and the Department of Public Safety stood by the report for several weeks.  As the word got out, people became very active, and within a short time an apology letter went out to Ron Paul, Chuck Baldwin and Bob Barr, who were specifically mentioned as having supporters about whom we should be concerned.  On Friday, the governor decided to retract the report. 

 

There is a small amount of satisfaction from the retraction, but it should make all of us aware that the government must be the servant of the people, not the other way around. 

 

While the apology letter tried to sound contrite, it really said things like, “portion of that report may be easily construed by readers as offensive to supporters of certain political candidates…,” “Some regrettable information was included in the report…,” and “That is an undesired and unwarranted outcome.”

 

To read more about this, click on the following: 

Matt Blunt Comments

Governor Nixon Comments

Missouri Scraps MIAC Report

 

The Constitution is our guiding light.  It is good to have a list of rules with which we commonly agree to govern ourselves.  I never thought I would see the day when a law enforcement agency would draft a report profiling as dangerous those who comprise the heart and soul of our nation.  We need people who believe in the document that is the foundation of our country.  Many of our state legislators hold similar beliefs as those about whom we are being warned. 

 

Do not let this cause you to be afraid of your government, but let it serve as a warning that the price of freedom is eternal vigilance.  Let it also serve as a warning to our law enforcement community that they are hired to protect us from those who are not law abiding, not from those who practice free political speech.  It is our very Constitution that allows us to discourse freely in a way that does not lead to violence.

 

*Quotation marks indicate a direct quote from the document.  To read the complete report, click here:  MIAC Report.

 

Your thoughts are important to me, so please let me know what you think.  You can send me your opinion by clicking hereCynthia Davis

 

Visitors of the Week

 

 

Lindenwood University President, James Evans (far left), visited the Capitol last week.  Located in St. Charles, Lindenwood offers a four-year liberal arts education, rooted in a belief in an ordered, purposeful universe, the dignity of work, the worth and integrity of the individual, the obligations and privileges of citizenship, and the primacy of truth.

 

 Cynthia in the News

Below is a newspaper article that ran recently about motorcycle legislation which I sponsored.

Motorcyclists could run some red lights under Missouri bill

Columbia Tribune

Friday, March 13, 2009

BY Michael Bushnell

JEFFERSON CITY — With no opposition, the Missouri Senate gave approval this week to a measure that would allow motorcyclists to run red lights if they spend an "unreasonable" amount of time waiting for the signal to change. 

Proponents say many motorcycles are not large enough to activate the sensors connected to left-turn arrows, which can create long backups for cars. Both Sen. William Stouffer, R-Napton, and Rep. Cynthia Davis, R-O'Fallon, introduced similar legislation, but the Senate Transportation Committee, which Stouffer leads, passed his bill by consent last month. The House of Representatives held a hearing on Davis' bill, but it didn't get out of committee before the General Assembly left Thursday for its spring recess.

Stouffer's bill would provide an "affirmative defense" if a motorcyclist is pulled over by a police officer for running a red light after waiting for a green signal that does not appear because the bike is not large enough to be read by the light's sensors. Even small cars have enough metal to trip a sensor, Stouffer said, adding that some motorcycles and bicycles are not big enough to be read.

Davis said she fully supports Stouffer's bill and called the legislation a "safety matter," adding that motorcycles stuck at red lights disrupt the flow of traffic behind them.

"Red lights are supposed to promote safety," she said. "But by our very laws, we have created a dangerous situation where cars could back up forever if the motorcycle in front can't trip the switch."

Supporters of the measure said it would neither cause nor excuse accidents because it does not cover cases in which an accident is caused or a police officer determines the motorcyclist made an unsafe entry into the intersection. Rep. Gary Dusenberg, R-Blue Springs, said police officers wouldn't pull motorcyclists over for running red lights and motorcyclists wouldn't abuse the law. Filename: j0430634.jpg
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"Every law is abused or ignored to some extent, but motorcyclists are very safety-conscious," he said. "I was a state trooper for 27 years, and I can tell you that police officers will use common sense and sound judgment when it comes to ticketing motorcyclists who enter the intersection on a red light."

At a hearing on Davis' bill last week, O'Fallon motorcyclist Tony Shepard said it was unreasonable to think motorcyclists would willingly put themselves at risk when entering an intersection against a red light. He said the average rider has patience and would only enter an intersection when it is completely clear and safe to do so.

"Crashing sucks, and none of us like to crash," Shepard said. "We're not trying to put ourselves in harm's way, nor do we think that this law would encourage that."

Although the bill had no opposition in the Senate, passing out of committee and on the floor by consent, some representatives said they have reservations with the bill. Rep. Jeff Roorda, D-Arnold, said Stouffer's legislation would create a double standard not seen in other traffic laws.

"There is no other law on the book where people can violate traffic laws because certain devices don't work," Roorda said. "There are problems here for certain that will need to be addressed if this bill is to get all the way through."

Roorda also said he was worried that the word "unreasonable" is ripe for abuse because it is a subjective term.  However, both Davis and Stouffer said the Missouri State Highway Patrol asked them not to include guidelines specifying when it would be permissible to run a red light. 

Davis said vagueness in the bill should not be a concern, as it would be clear to a police officer stopping a motorcyclist on suspicion of running a red light whether he or she waited for multiple traffic light cycles. She said the legislation was common sense, adding that it addresses a situation that mostly occurs late at night when roads are nearly empty.

"You won't be able to say you waited an 'unreasonable' amount of time if you just pulled up and then ran the light," she said. "If it's, theoretically, 4 a.m. and you're sitting there for hours waiting for a turn signal that won't ever come, does it really cause a problem if you go through the light because of the physical disadvantages of the motorcycle?"

 

A Little Bit of Humor

 

 

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Provided by: Photos.comA state trooper pulled a car over and told the man driving that he was going 50 mph in a 40 mph zone.

"I was only going 40!" the driver protested.

"Not according to my radar," the trooper

 said.

"Yes, I was!" the man shouted back.

"No, you weren't!" the trooper said.

With that, the man's wife leaned toward the window and said, "Officer, I should warn you not to argue with my husband when he's been drinking."

 

 

 

This Capitol Report is a weekly column by Representative Cynthia Davis, from the 19th District, covering events in the Missouri Legislature and district-wide issues. 

J  If you know of anyone else who would like to receive my Capitol Report, please send an e-mail to Cynthia.Davis@house.mo.gov with the person’s name and e-mail address.  We’ll add them to the list.

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