And The Spin Goes On

Sony continues to combat its o­nline woes with a combination of stonewalling and counterattack. Player feelings have hardened, as SOE has dug in and refused to back down to its customer's revolt.

Some have given up:

“…. it's too late. All the protests seem to be losing steam if you ask me. Enough players have walked away from the game for the last time that pro-CU posts are approaching mere uncommonality as opposed to their former virtual non-existance. SOE has successfully diverted (or deleted) the angry posts to forums tucked away out of sight of new players.”

Other commenters are still analyzing the situation, if o­nly for consolation:
(click read more)

“They've got a fun problem — if they pin their hopes o­n droves of people showing up from Episode III (my guess is that's a bad bet for a two year old game with BAD word of mouth problems), then if those droves FAIL to materialize it'll be too late to save the Vets. If they start changing NOW, they run the risk of having a non-working system if those droves DO show up. Or — depending o­n how deeply they buy their own spin — they'll think the 'old system' isn't fun to newbies.

 It's actually kind of dumb. The main problem with the system was 'lack of content'. It'd take six months or more for a casual player to exhaust the available content, plenty of time to add content if they were worried about keeping Episode III players. They've placed themselves in a no-win bind. They know that bad word-of-mouth is poisoning the Episode III well (even as they're using the Live servers for rapid beta-testing of RoTWs) and they're losing vets at a steady clip.”

Not far past that is a summary of just how badly SOE is shooting it's leg off:

“Many preordered the digital download of RotW so they would get the exclusive extra ship storage. They might have preferred the new vehicle to the lizard but chose to have the extra storage. Then, o­ne day before release SOE is including what was exclusive to the DDL (extra ship storage) with the retail package. There are some angry people out there.

Back to the numbers game now. How many are against the CU, how many have quit etc. You fill in the blanks below:

How many people did they anger due to two server roll backs?

How many people did they anger by installing the CU?

How many people did they anger by losing their templates in respec?

How many people did they anger by o­ne way or another cheating them out of a full week of double exp?

How many people did they anger by pulling the bait and switch o­n the RotW digital download?

This all happened in what, two weeks? Did I miss anything?

Someone give us an estimated total of angry people and an educated guess as to how many of those have or will cancel their subscriptions as result. Keep in mind that though some of the above issues may not be enough to quit over, two or three back to back o­n the same account/person has got to be intolerable.”

Some complaints go deeper than just how combat is balanced. Several problems with the new system that have been brought up o­n various boards are:
 
-Doctors no longer get xp by healing people in the Medical Center. Therefore, players can't find anyone to heal their wounds, unless they have a Doctor in the group.

-Combat Medics can't heal wounds, just hit point damage. So a Doctor is needed again.

-Groups have been limited to 8 members max (from the previous 20). Entertainers, who used to form large bands with synchronized dancers, can no longer do so.

-Worse, Entertainer buffs are both less desiarable and no longer under the player's control. Combat characters have to spend time relaxing in the cantina watching or listening to Entertainers to remove their “Battle Fatigue.” It was considered polite to tip an Entertainer for this service (such was their primary income).  Such Entertainers also had ways to “gate” access to their buffs, and a limited ability to deny services to rude players who did not tip them.  Thus they had an income in the game (since they had no combat abilities and couldn't run missions for money). Now, not o­nly are the newer buffs not as desirable, the denial ability was eliminated — the new buffs work regardless of the Entertainer's desire for them to work or not.

-All items o­n sale “lost” their descriptions, which SOE will not fix. The o­nly workaround is for each and every item to be delisted and then relisted o­n the vendor.  For sales o­n the public bazaar, this costs the player game money. As for private vendors….some players have thousands of items for sale.  This is hugely frustrating because items have always delisted automatically after 30 days and have to be relisted for sale. So if all the items are relisted today, any that don't sell will have to be done again in exactly 30 days.  (Merchants usually stagger this task over multiple days, as it takes hours.  Requests for simple interface improvements have gone ingored for almost two years).

-Many crafters and merchants are quitting due to their lack of survival ability under the CURB, making it impossible to find the necessary items.  The few remaining Armorsmiths o­n each server are charging extremely high prices, because the new crafting changes require all good armor to be hand made, and require far more material harvested from creatures, that have themselves become either tougher to fight, or less-experience worthy.

-Shipwrights (players who make ships for other players) are incensed that the game now gives away better ships than they can make.

-Jedi are incensed that the game design forces them to group for experience, which is suicidal.  Under the game's design, Jedi who pull out their lightsabers or join groups gain “visibility” and the game begins generating rewards for Bounty Hunters to find and kill them.  Up to five Hunters can combine to chase a single Jedi. However, the Jedi cannot form groups to aid each other or defend themselves.  Worse, for the Jedi in training (Padawans), their new combat skills aren't strong enough to survive, and their old combat skills have to be dropped as they level up in Jedi. Even worse than that: a Jedi that gets killed loses experience equivilent to weeks of work.  It used to be mere hours worth, but jedi can't group for better experience without incurring the visibility penalty.  The topper?  A player recently did the math to show that under the CURB, it would now take a staggering seven years of play to become a Jedi.

Overall, the playerbase is now deeply suspicious that SOE has decided to destroy not just the Jedi, but also crafting and the player economy, to replace the latter with NPC vendors. Players point to the fact that it would shrink Star Wars Galaxies' database size, and therefore its expenses. However, it represents a marked change from the original game design, which promoted multiple play styles.  Essentially, SWG was five games in o­ne:

–Hardcore players who liked to kill other players joined the Empire or Rebellion and engaged in Player v. Player combat.
–“Softcore” players who wanted to defeat the challenge of the game world, but not fight other players could fight non-player characters for rewards in the game.
–Social players who liked to chat, show off, and talk, became entertainers, or even image desigers.  (You could literally hire other players to decorate your house!)
–Players that liked to acquire resources and make the best things possible became crafters and Merchants.
–First-person-shooter (aka: “shoot'em up”) fans could go into space and engage in fighter combat against the computer or other players.

The versatily of the game was so wide, that many players bought multiple copies of the game and paid extra to have a choice of roles to play.  SWG is the o­nly major Sony o­nline product that limits the player to a single character per server.  A server is a copy of the game universe; it's standard practice in MMORPG's to have as many as needed to handle the customer load.  Therefore, players who wanted to really enjoy the game were forced to spend extra for that privilege.

While the CURB was advertised as a way to change the the way the first two roles worked, the greatest effect has been o­n the second two, who consider their playstyle wrecked.  As a result, these two groups have been hit far harder than the others.  This is crucial, beause in SWG, players made almost everything needed by other players.  (Until recently, that is.)

In the business world, such a radical change in game/program design and philosophy has been dubbed “successor team mentality,” as the new people come in and try to put their own stamp o­n the operating system. It is said to result in disaster more often than not. It may be telling that, in publicity pieces, many other MMORPG's speak of their prominent staff members as being “a veteran….a former content developer for Everquest”… or SWG, or EQ2, or games belonging to other competitors.  Sony hasn't spoken much of it's developers–and never trumpets their prior experience.  In short, SOE appears to have become the “bottom rung” of the MMORPG world, where the inexperienced go until they gain the pre-requisites to be employed elsewhere.

Whether or not this spells “disaster” here may depend o­n o­ne's definition of “disaster.”  For the many players who have spent two years being part of an active community, the CURB fits that definition.  For SOE… o­nly the future will tell.  Certainly, most businesses would not consider it a raging success to become the laughingstock of their industry, as is rapidly happening here.

A Rebellion In A Galaxy Far, Far, Away

This article was originally posted on the earlier Post Nuke version of the site. It has been copied here verbatim, with the original timestamp, for the purposes of linking and tracking traffic.

This is going to be a bit off the normal subject matter for Houblog.  I'm going to discuss a hobby that many of you have never heard of or don't care if you have:  Massively Multiplayer o­nline Role-Playing Games, or MMORPG for, uh…. short.  I'm a geek.  I have played these for over four years now.  Most recently, I played Star Wars Galaxies, which is a cooperative venture between Sony o­nline Entertainment and LucasArts.

Hey–computers, Star Wars, you get to run around in the universe with lots of other fans, become or hunt down jedi, join the Empire or the Rebellion… it's a cinch to be huge, right?

Not so fast.  The game debuted two years ago to mediocre reviews.  “Content half a mile wide and half an inch deep” was o­ne slam against it.  “Should not have left beta for another two months” was another.   “Unbalanced” was a popular criticism. And so SOE said “Ok, this didn't work like we expected.  We're going back to the drawing board, and we're going to fix it. And this time, we're not releasing it until it's READY.”

Last week, SOE sprung the Combat Upgrade/Re-Balance (CURB or just CU) out of beta two weeks early.  It was probably just a coincidence that they did this the same weekend a new MMORPG, GuildWars, opened up.  It probably had more to do with the new expansion add-on coming out, Rage of the Wookies. Which isn't a coincidence at all, coming around the release of Episode III.

Unfortunately for Sony's bottom line, it might be said that this turkey is sinking faster than the Titanic.

This is more than the usual tempest in a teapot. Player disgruntlement and flaps are legendary in the MMORPG. There's o­ne every month. Earlier game changes prompted forum threads that ran for 100+ pages. This time, Sony has responded with bannings and deletion of entire threads. Despite that, the story is becoming too big for SOE to shrug off and sweep under the rug.

Several of the 30-odd Game Correspondents (Sony-appointed community volunteers) have resigned or even been fired for protesting too strongly.

An anti-CURB petition is now ranked #14 of all petitions at Petitiononline.com with 15,458 unique signatures.

And the real horror for SOE is that the news media is beginning to pick up o­n it– and not just the industry media either..

The BBC

Slashdot

PCGameWorld

PCGamer

Sony is trying for damage control. A “puff piece” appeared o­n MMORPG.com  trying to stem the tide of negative publicity. Another showed up o­n SWVault, a player fansite.  The president of Sony o­nline Entertainment even stepped in with the following satement Tuesday:

Hello Everyone,

We realize that the recent Combat Upgrade has caused quite a stir. Yes, we've seen the petition. Yes, we're reading your emails very carefully.. in fact I've responded to many of you personally. From our perspective the Combat Upgrade was a crucial thing for us to do for the long term health of the game. In order to make the experience in SWG more diverse and to breathe new life into this game we felt it was important for us to entirely overhaul the current system and to make sure that it's balanced properly. Are we finished? Not by a longshot… by doing this what we've effectively done is to provide a new baseline to add a lot of new content into the game in a very short time, and to make sure that the professions really mean something in the game. We recognize there are problems that have arisen from this, and what I'd like to ask your help in doing is to target these problems so that we can knock them down very quickly. As you've seen in the last few days, the team is working tirelessly towards fixing any problems that have arisen.. and with your help we're confident we can get the rest of them taken care of as well.

Please understand that we love this game too.. our goal wasn't to upset the existing userbase.. but we do recognize that changing a game does inherently mean some people aren't going to like that change. What we're trying to do is to insure that we can accomplish a lot of what you've all been asking us to do (things like Galactic Civil War) in really cool and meaningul ways.. and frankly speaking, we just couldn't do that with the old combat system in place.

What would really help us is to give us ideas o­n how we can improve the new system and cool things you would like to see us do in the near term. We aren't going back to the old system, but with your help I'm confident in a few weeks you're going to feel this was the right call. Obviously you are our customers, and you pay the bills around here… we're trying to make changes that are going to make your experience better in the long run. Please bear with us while we make that effort, and give us a little time to respond and address your concerns.

Thanks a lot,

John Smedley
President, Sony Online Entertainment

There are now over eight hundred replies to the message (click the link above), overwhelmingly negative. Not “a lot of them are negative.” Not even “most of them are negative.” Overwhelming, as in 90% plus. An often-heard complaint is that “SOE has lied to us again and again and again. No more!” This is usually accompanied by a litany of examples from the past, where o­ne thing was said another done–if anything was done at all, according to the poster.

At a publicity breakfast held in Indianapolis just before the suprise release, players and developers were able to meet, but the dissent went unheard. o­ne player reporting back to others o­n a public forum posted that he'd been told by a developer that a decision had been made to ignore the negative feedback during the beta, because everyone said they hated different things. Since everyone couldn't agree o­n what was bad about it, it must not be bad. (Somehow, SOE seems to have overlooked if an overwhelming majority hate o­ne thing enough to give the whole project a negative rating, it doesn't matter much if they can't all agree o­n what it is they don't like. –ed.)

Buried among the usual juvenile ranting are some gems (scroll down about 8 posts).
Much of the best criticism comes from professionals in programming, especially those with experience in user interfaces and game theory. Sony is not the recipiant of any professional courtesy here; indeed, far from it.

A major negative point is the new UI that got introduced with the CURB–which can be summed up as: “it gets in the way of the game.” Players end up with their eyes glued to the interface, punching buttons and clicking in response to a stimulus (such as an action becoming available), but not actually watching the fight.  Likewise, players are complaining that their characters now move or “animate” (a term including special effects) in ways that no longer match the Star Wars experience. They are accustomed to seeing their hands, feet, or weapons blur when in fights. But sparkles when being healed are derided as “magic effects.” Another common complaint is that the weapons do not sound right. Blasters no longer sound like blasters. Laser carbines no longer sound like the o­ne Han Solo carried.

As for game theory, criticism is unrelenting o­n Sony's attempt to graft a level-based gaming system from another game o­n top of a skill-based system that needed tweaking to correct its own imbalances. As a result of changing the combat system without changing the content, players are finding that the missions they take, and the areas they travel in, may offer a lot in the way of tedious combat with little or no reward in experience to advance their character. Or they may just find instant death from a creature they could o­nce defeat or at least escape, but is now far greater than they are in combat ability. As o­ne player put it. “Well, I won. But this was not fun.”

The result has been a mass defection of players. Game forums are full of players posting their goodbyes, or stories of how their player association was decimated.  Changes to crafting acompanied the changes to weapons, resulting in non-combat oriented players also canceling their accounts.  “How,” o­ne is tempted to ask, “can a company be dumb enough turn a sure winner into something that actually drives off large numbers of customers?” The answer may be found o­n the other side of the keyboard, behind the screen.

The simplified explanation: There are four major elements in a game's design team:
-The Developers, who come up with the game's design,
-The Coders, who turn that design into an operating game,
-The Artists, who create everything people see o­n the screen,
-and finally The Suits — Management, the o­nes that make the decisions and write the checks.

High turnover among developers and coders is an industry norm. With multiple games in development by various companies, it's not unusual for a complete turnover to occur in the first three groups. Therefore, when the fourth gets some crazy idea like:

“WOW has levels, so should we! How can you control experience if you don't have levels?”

no o­ne is left from the original first three groups to say, “That won't work and here's why.” The newer team members are still learning about how the system works (and making mistakes as a result), so when the Suits say “lets do this” they say “yes, sir!”

In 2003, Mr. Smedley stated that the original SOE release, Everquest, was o­n its third team, and it had been released in 1999. That's pretty crippling to long-term stability. Imagine the chaos if your bank replaced programmers every year, and rewrote the bookkeeping programs however the bank president thought was cool or neat. Would you bank there?

In reality, few people think that the goals and early release were arbitrarily set.  But there is speculation that the real reason hasn't been stated.  In response to Mr. Smedley's post, S. Hugh Campbell,  a software engineer and self-admitted Star Wars geek responded:

I read “a crucial thing” as a means of trying to justify one of two things.

The first being that you had a deadline to meet and that by releasing this out into the wild, you met your release date. I wonder how the interal contract structure is between LucasArts and Sony when it comes to content release. I would venture to assume that there is specific wording in the contract that such material must be released at a certain time and under no circumstances should a delivery fall behind.
The second being is that you see the system you have implemented as a means of folding Galaxies into the same code base as that of Everquest. I’ve seen this done several times in my short professional life; everytime I’ve seen it done, diasterous results have followed. By folding a system that is COMPLETELY DIFFERENT from the other introduces points of failure that grow o­n a power of two scale. So, for o­ne piece you introduce you bring along two problems. Another piece adds the problems to four. Another piece adds the problems to eight. Sooner or later your system suffers from numerous errors that take longer to clean up, longer to troubleshoot, and delays solving the real problems in the system now.

Consider this– some may criticise LucasArts, but for 20+ years, it's had one goal: protect and advance George Lucas' intellectual property interests. On the other hand, SOE has vacilliated between “creating a good game,” or “creating a profitable game,” or “creating a huge game.” The results have been dismal. The original Everquest has cratered, losing half of its servers since the beginning of the year, Everquest 2's growth is flat or even negative, and SWG is now in the midst of an unpreceedented exodous. Meanwhile, World of Warcraft  has nearly twice the highest playerbase that EQ ever had, GuildWars is receiving nothing but positive publicity, and City of Heroes latest free add-on, the Arena, has debuted to rave reviews.  At a time when SOE should be trumpeting positive publicity for the new expasion release, Rage of the Wookies, it is instead having to defend itself against an enraged and shrinking player-base.  o­ne wonders if the protests will come to this.

Mr. Smedley is putting the brave face o­n, but in the end, he will dance to the tune LucasArts sets. He has no choice in the matter. With subscriptions plummeting and competitors stealing its player base, I suspect the last chapter has not yet been written. No o­ne can even be sure if it's been plotted out….

–Ubu

Dat’s Trouble, Two

Note: this post was orginally entered on the old Post-Nuke version of the site. For the purpose of linking it and tracking traffic, I have copied it verbatim to the WP side, and given it the same date/time stamp. Original entry here.

So if either of my readers is still out there, I have a few updates to toss out. First off, Dat Nguyen. If you don’t remember, a quick refresher: Dat is a veteran City of Houston water meter reader, who was menaced by an unrestrained (no leash/fence) dog. The dog’s owner alleged Dat attacked the dog, resulting in Dat’s arrest for animal cruelty, while the owner didn’t receive so much as a ticket for violation the city’s leash law. The city’s Legal department abandoned Dat to his own fate, refusing to defend him or intervene in any way with the DA’s office. Dat’s estimated $2,000 in legal costs was somewhat offset (~$1200) by employee fundraisers.

Next up is the promised rant o­n What Piece of Idiocy the Mayor is up to now. Bad enough he sold off the city’s freeways to a few favored towing companies, resulting in massive savings for citizens, bad enough he’s trying to ensure no utility company will want to put lines anywhere in Houston, but this o­ne takes the cake: The Mayor wants to streamline construction processes in the City of Houston by surrendering the city’s authority to review the plans! Despite much searching, I haven’t found a link yet, but back before Memorial Day, the mayor mentioned he’d like to drop the city’s review from the permit process. Instead, any Public Engineer (that is, the architectural company’s own P.E.) could sign off o­n the plans as complying with building codes.

There’s a parking garage, built at taxpayer expense at 4200 Leeland, which even the current system couldn’t prevent being fubared and unusable. A helicopter pad o­nly 40′ from the elevated section of I-45 was barely stopped in time. The owners of the Aquarama resturant made “additions” to the plans after they were approved. And yet the Mayor wants us to trust the companies with a financial interest in quick and cheap construction to put our safety first?

The update: Mr. Nguyen’s case finally came before the court. The judge dismissed the charge, but ordered Dat to pay the owner’s vetenarian fee. The Legal Department, ever mindful of the city’s interests, then told Public Works to fire Mr. Nguyen, since the act of paying the vet’s bill was an admission of guilt, thereby making the city liable.

I suspect the response from PW&E was not printable.

Dat’s Trouble

Note: this post was orginally entered on the old Post-Nuke version of the site. For the purpose of linking it and tracking traffic, I have copied it verbatim to the WP side, and given it the same date/time stamp. Original entry here.

Thank you all for keeping an eye out to see if I was still alive! I most definately am, but it’s been a busy time at work and home, so blogging ended up o­n the back burner for a couple of weeks. I should be around more in the near future, and I’ve got tons of material to work with, Berg, Abu Gharib, the elections– and a few things of local note. This is, after all, HOUblog. If I can just find the time to put it o­n paper! Errrrrr, electrons?

Kicking off my return is an actual news story, rather than commentary, though I’ve filed it as such. This has gone totally overlooked by all the local media, rather unsurprisingly. It neither makes Mayor White look good, nor President Bush look bad. It definately makes someone look bad, and I’m not going to mince words. I apologize for the lack of details; my ability to be a snoop has to be limited to keep this site “under the radar” for a while longer.

I should begin the actual post by telling you that I’m having hot dogs for lunch today. They’re not bad dogs, but I’m not having them because I want to taste chili and cheese o­n my breath all afternoon. It’s because the DA’s office, and the City Legal Department are full of people who should be tarred and feathered for ***** idiocy. A few weeks ago, a fellow employee of mine was arrested, while doing his job, based o­n the complaint of someone who obviously and admittedly broke the law.

In a comedy of Kafka-esque proportions, a City of Houston meter reader was arrested and jailed; the DA’s office knows it’s bogus but won’t drop the charges; the Legal Department knows it’s bogus but won’t defend him.

So what are the facts of the case?

Last month, Dat Nguyen of Utility Customer Service, Public Works and Engineering, City of Houston, was out o­n a Saturday reading meters. He is a seven-year veteran of the department, but speaks poor English. He was in uniform, and driving a marked city vehicle. He arrived at o­ne home he was to read, got out of the truck, and opened the meter box. Bear in mind there is no fence around the property, and the meter is located in the front yard, near the road. At this point, the homeowner’s wife (whom UCS will not identify, although it’s certainly a matter of public record), opens her front door. Out comes running her dog (only described as “small�), barking up a storm.

Naturally, at this point, the narratives diverge.

According to Mr. Nguyen, he looked up, noted the dog’s presence, and that the wife went back inside, leaving the dog out. He judged the dog wasn’t a threat and went back to work.

According to Mr.s. Homeowner, she didn’t go back inside.

According to both parties, the dog then yelped; per Mr. Nguyen, he looked back up and the dog was ten feet away and limping. According to Mrs. Homeowner (first version), Dat hit the dog with his “hook,� which is a hinged piece of metal about a foot long. Basically, they’re very similar to tongs for grilling outdoors.

Mr. Nguyen denied he hit the dog. An argument ensued, hampered by Mr. Nguyen’s poor English. Since arguing with customers is generally a bad idea, Mr. Nguyen decided discretion was better than winning, so he returned to his truck and left, or rather he tried to. Mr. Homeowner finally enters the fray, running out to stand in front of the truck and yelling that he’d called the cops and Mr. Nguyen would be arrested. Faced with the need to make hazardous driving choices to avoid Mr. Homeowner, he chose to wait.

A policeman shows. After listening to both parties, he doesn’t know what to do. Mrs. Homeowner now says her dog was hit three times. He calls for a supervisor, and the DA’s office. Note, it’s Saturday morning. No hotshot is going to be sitting by the phone; it’s going to be whatever yahoo got the short straw. Lawyer Yahoo says, “arrest that man!� Riiiiiiiight. A police supervisor now reaches the scene, and goes “that just ain’t right,� and contacts the DA’s office again. After some discussion, it’s realized that:

a) there was no fence, and the dog wasn’t leashed.

b) the City requires dogs to be o­n a leash, restrained, or inside a fence at all times,

c) Mr. and Mrs. Homeowner have violated the law,

d) Mr. Nguyen has the right to defend himself from an animal attack.

Therefore, it’s simple: If Mr. Nguyen states he hit the dog in self defense because he was afraid of it, there’s no problem. o­nly Mr. Nguyen is adamant he did NOT hit the dog.

Now if he admits he hit the dog, even to get off the hook, the cops may be happy, but there’s still a Catch-22 Mr. & Mrs. Homeowner can call the department screaming “He hit my dog, he even admitted it!� And his supervisor isn’t going to be thrilled to get that call. Further, they could then sue the city for any vet’s bills and use that statement and the police report as evidence.

So whether he hit the dog in self-defense or not, Nguyen’s o­nly option is to say he didn’t do it. Problem is, the o­nly allowable “in the field defense� is to strike in self-defense. Otherwise the complaint has to be treated as valid.

In other words, Mr. Nguyen was arrested and hauled to jail, because he said he didn’t hit the dog.

All because Mrs. Homeowner broke the law by letting her dog out without a leash. So then, his supervisors, all City employees, had to take up a collection to pay for his bail out of their own pockets! No reimbursement. Now Dat’s charged with animal cruelty; the DA’s office will not throw out the charges, morale among meter readers is understandably shattered; and the city’s Legal Department will not defend him because it’s a criminal charge! This is where it goes off the deep end—if he had hit the dog or just said he did, they would be defending his actions, regardless of civil or criminal charges, because they have to defend the city. But if it’s just an employee’s ass in the crack, well who cares? They can’t defend him because it would set a precedent and then they’re hypothetically obligated to do so in the future, lest some other hypothetical employee facing hypothetical charges claim hypothetical discrimination if the department declines to defend their hypothetical future actions.

Hypothetically speaking, that’s ***** nuts.

A lawyer offered to take the case pro bono (so they’re not all incompetent and evil after all), but he lacked a Vietnamese translator; Mr. Nguyen chose to go with o­ne who did, and his estimated legal bills are $1,700 to $2,500.

One is obliged to wonder if the next employee facing a dog in the course of his duties might decide “as well to be hung for a goat,” and figure it’s better smack the holy crap out of any canine harassing him or her. What legal entanglements will result from that for the city?

Oh, and the dog was examined by a vet, who declared it was bruised, but nothing was broken. He provided a painkiller.

“Take two aspirin and call your lawyer in the morning.�

Girl Scout Cookies and Crumbs

Note: this post was orginally entered on the old Post-Nuke version of the site. For the purpose of linking it and tracking traffic, I have copied it verbatim to the WP side, and given it the same date/time stamp. Original entry here.

This is gonna start slow folks, but keep reading. If you’re not burning by the end, just hand in your membership card as a Free American, and move to Cuba or North Korea. Whatever communist hellhole you prefer.

Two hundred and forty years ago, we had a little revolution in this country. The issue at hand was whether or not the colonies would be able to elect representatives to the Parliament that set their taxes; or failing that, the Parliament would set the amount of revenue needed, and leave it up to the colonial legislatures to decide how to raise it.

It was a far different time. Back then, if the government showed up at your door with a company of soldiers and said “These men now live here. You’re to feed and house them. And if o­ne pinches your daughter’s bum, don’t come whining to us” well, you had two choices: watch them move in, or get hauled off in chains.

It was o­nly a few years since a charge of libeling a government offical had been defeated by presenting a unique and novel defense: that it couldn’t be libel if it was the truth. It was for these reasons that the Founding Fathers (a bunch of Obvioulsy Sexist and Bigoted Evil White Men) added several amendments to their shiny new constitution. Chief among these was that the government couldn’t just seize property; and if it did have to take it, it had to pay market value for it. Indeed, it was arguable that the government had no authority to take property away from private citizens at all, based o­n some interpretations of the Fourth Amendment.

But the 18th century gave way to the 19th, and then the 20th, and now the 21st. Government’s role in the economy and society grew, and as it did, it apportioned itself greater and greater authority. Chief among the new tools was eminent domain. The government declared that, if the public good demanded it (and of course the public good was decided by the government), it could take private property away–as long as it paid for it. Later, it even decided that certain critical businesses should be able to take what they needed. Railroads were awarded land grants that beggared the Spanish Grants of old, and given the power to seize whatever they needed to build o­n–or the government seized it for them. Today, the largest single private landowner in the country is the Southern Pacific railroad; although the seizure powers were revoked long ago.

Most of the time, when eminent domain is invoked today, it means that a sub-sub-portion of some elected authority (such as the state or city government) wants to build a road or a public building of some sort. Well, that can be very disruptive, but arguably, everyone benefits in some small way from enhancement of mobility or community. So imagine my surprise when I opened my paper this weak to read that an entity which is entirely unelected claims it can use eminent domain …. to acquire space for a “community center.” Not o­nly that, but it wants to do it at the expense of both a private corporation and o­ne of the more well-known and loved non-profit organizations in the country today, the Girl Scouts of America.

Excuse me? When the HELL did we move to the Soviet Union?

Yes, you read rightly. The “Upper Kirby Management District” wants to build a “community center” in a building o­n the Southwest Freeway. Oddly, so do the Girl Scouts, situated next door. With the additional space, they can set up a training center and a museum. o­ne wonders sort of “community center” is planed by a “Management District.” For that matter, what the hell is a managment district? Let’s take a look…

Created in 1997 by an act of the 75th legislature, the UKMD (does that ever sound ominous, comrade!) is o­ne of those shadowy Tax Increment Reinvestment Zones that is created by state law, and given the ability to levy additional taxes which are then used to supplement the local government’s money, in order to make improvements. Theoretically, these will increase the value, which raises the taxable value for all governmental entities, not just the TIRZ. Everyone wins, right? The kicker is, while you can elect a senator, governor, councilmember, or president who promises to lower taxes and rein in government spending, you can’t elect a TIRZ director. In fact, you have absolutely no say in who runs o­ne.

So who does? Other TIRZ directors, thats who. These boards have complete and total control over their own size and membership. If anyone leaves office, they directly elect a successor. If someone’s term expires, the board tells the Mayor and Council who they want to be the new director, and the Council votes straight yes or no. If no, the TIRZ keeps coming back with new candidates until they get a yes vote.

And o­nce they’re o­n the board, what can the directors do? Actually the better question is, what can’t they do?

They can expand their boundries at will:

§ 3805.105. ANNEXATION OR EXCLUSION OF TERRITORY. The district may annex or exclude land from the district in the manner provided by Subchapter C, Chapter 375, Local Government Code.

They can tax:

§ 3805.152. MAINTENANCE TAX. (a) If authorized at an election held in accordance with Section 3805.103, the district may impose an annual ad valorem tax o­n taxable property in the district to maintain, restore, replace, or operate the district and improvements that the district constructs or acquires or the district’s facilities, works, or services.(b) The board shall determine the tax rate.

They can do anything they bloody well please:

§ 3805.101. DISTRICT POWERS. The district has: (1) all powers necessary to accomplish the purposes for which the district was created.

And buddy, when we say anything, we really mean anything!

§ 3805.009. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.

And now a few provisions from the general law authorizing TIRZ:

§ 375.092. SPECIFIC POWERS.(a) A district has the powers necessary or convenient to carry out and effect the purposes and provisions of this chapter, including the powers granted in this section.(e) A district may acquire by grant, purchase, gift, devise, lease, or otherwise, and may hold, use, sell, lease, or dispose of real and personal property, and licenses, patents, rights, and interests necessary, convenient, or useful for the full exercise of any of its powers under this chapter.(j) A district may acquire property under conditional sales contracts, leases, equipment trust certificates, or any other form of contract or trust agreement.(o) A district may do anything necessary, convenient, or desirable to carry out the powers expressly granted or implied by this chapter.

Holy power of God, Batman, screw the Marines, lets turn a TIRZ loose o­n those fuckers in Fallujah!

So what does all this have to do with the Girl Scouts of America? Simple. The UKMD (hail, comrade!) wants to create something they call a “community center” and offered to buy a two-story building for $1.9 million. It’s owned by the American Automobile Association, and located o­n the Southwest Freeway near the Greenway Plaza; prime commercial real estate. Then the Girl Scouts, headquartered in the building next door — even sharing the same parking lot — found out it was for sale. It doesn’t get any better than that. Either pay a lot of money to rebuild theur current structure, or they buy out their longtime neighbor. So they outbid the UKMD (hail, comrade!) , offering $2.2 million. (The property is assessed by the HCAD at $1.8m). The District decided that fine, they could meet that offer. This is great–capitalism at work! Someone’s got a commodity, folks who are bidding have got the money. Lets do this!

Only o­ne side didn’t want to play fair in a bidding war. Suddenly, the AAA broke off the negotiations with the GSA. Why? They got a letter from the UKMD (hail, comrade!) stating that if it had to do so, it would use eminent domain to take the building. The AAA, cowed into avoiding what would be a costly legal battle if they tried to defy the District, folded.

Two parties are directly harmed by this. First, the GSA, which had the opportunity to get a near-perfect solution to their space problem, but can’t bid against a District that won’t play fair. Second the AAA, which can no longer let the two parties (or anyone else interested) get the price it wants o­n the open market, but must meekly surrender it to an unelected, but powerful governmental entity!

(Update 3/2006: It also harms the city itself. If the property had sold at the higher price, it would justify raising the assessment of not only the property in question, but all nearby properties, thereby generating more tax revenue. There’s no 10% cap, since this isn’t a homestead.)

As if that isn’t bad enough, the District does not have the explicit power to condem property–it’s claiming it does based o­n the sweeping grant of powers by the Legislature. That’s not chutzpah speaking there, is it? Well state Senator Rodney Ellis stepped in and asked the Texas AG, “hey, can they do this?” (The AG has six months to answer that question, by which time it will undoubtedly be moot because the property will be sold to the district.) Well, the City of Houston Planning and Development Director stepped in and said “yes, they can condemn property–but o­nly if the City Council approves.” Lawyers for the district disagree, and say that no, they can take whatever they want, whenever they want, without approval from any elected official anywhere at all. The Executive Director of the UKMD (hail, comrade!) even went so far as to say that the district isn’t condeming the property, so it’s all much ado about nothing! Now that’s chutzpah.

The GSA for the moment, is swallowing this load of crap and smiling, instead of telling the commie bastards to ***** off and filing suit. They hope to lease at least some of their space in the new “community center” from their District overlords, and it wouldn’t be a good idea to upset their unelected masters, oh no….”Scrabble in the dust for a few measly crumbs, you scout bitches!”

Edit: 6/23/05: The Supreme Court joins the chorus. Kelo v. New London.

Edit: 6/24/05: Mayor White announces “that he is pleased the court upheld the use of eminent domain to reduce blight.”

Jack Who?

Note: this post was orginally entered on the old Post-Nuke version of the site. For the purpose of linking it and tracking traffic, I have copied it verbatim to the WP side, and given it the same date/time stamp. Original entry here.

So Hizzoner picked Jack Blanton to run the new anti-pension campaign. Who is this philanthropist, this person working tirelessly to make our world a better place? Well, he’s bound to have left some footprints somewhere.

And indeed he has. I present to you, straight from the Intercollegiate Tennis Association, Jack Blanton’s bio:

“Regarded as o­ne of Houston’s most exceptional business and civic leaders, Blanton joined Scurlock Oil in 1950 and quickly ascended to its presidency in 1958. He helped make Scurlock the company it eventually became – o­ne of the largest crude oil gathering and transportation entities in the country. In 1982, when Scurlock because a subsidiary of Ashland Oil Inc., Blanton was named chairman and CEO. At this time Scurlock was collecting 200,000 barrels of oil a day, transporting 2% of the nation’s oil and had annual sales of $2 billion. Blanton currently serves as President of Eddy Refining Company. He has served o­n the Board of Directors of SBC Corporation, Burlington Northern Santa Fe, Texas Commerce Bank, Baker Hughes Inc., Ashland Oil Inc., and Pogo Producing Company, retiring from all by reason of age. ”

Jack Blanton’s Bio

Jack Blanton graduated from the University of Texas at Austin in 1947 with a double major, earning his degree in three years in both government and history, receiving academic awards in both disciplines. He represented the University of Texas o­n both singles and doubles all three years. He was the Southwest Conference doubles champion in 1945. He continued his education at the University of Texas School of Law, earning his L.L.B. in 1950.

Regarded as o­ne of Houston’s most exceptional business and civic leaders, Blanton joined Scurlock Oil in 1950 and quickly ascended to its presidency in 1958. He helped make Scurlock the company it eventually became – o­ne of the largest crude oil gathering and transportation entities in the country. In 1982, when Scurlock because a subsidiary of Ashland Oil Inc., Blanton was named chairman and CEO. At this time Scurlock was collecting 200,000 barrels of oil a day, transporting 2% of the nation’s oil and had annual sales of $2 billion. Blanton currently serves as President of Eddy Refining Company. He has served o­n the Board of Directors of SBC Corporation, Burlington Northern Santa Fe, Texas Commerce Bank, Baker Hughes Inc., Ashland Oil Inc., and Pogo Producing Company, retiring from all by reason of age. While Blanton was extremely successful in the oil business, his greatest achievements occurred in the role of civic leader. When he became Chairman of the Board of Regents of the University of Texas in 1987, higher education in Texas was faced with a 26% budget reduction. Blanton was, in part, responsible for influencing the Texas legislature to more fully support the University of Texas system (and, therefore, higher education).

Also, during the tumultuous oil and real estate crises of the eighties, Blanton was Chairman of the Greater Houston Chamber of Commerce, and was instrumental in resolving conflict.

In 1990, Blanton was named Chairman of the Board of Trustees of the Houston Endowment, the largest private foundation in Texas, founded in 1937. Today, the Houston Endowment has education as its major focus, which has been at the core of Blanton’s career as a public servant.

Approximately 80% of the grants are dedicated to the greater Houston area, supporting abused women and children, health needs of lesser income families, civic beautification, cultural areas and virtually all areas of education (from pre-school through graduate programs). At any given time, the Houston Endowment is responsible for providing scholarship to approximately 5,000 young people. In addition, Blanton has personally endowed scholarships at the University of Texas at Austin, Southern Methodist University, Huston-Tillotson College, Wiley College, Texas Southern University and Lon Morris College. In 1997, the Houston Endowment made a $12 million donation toward financing a new building (to be completed in 2002), which the president of the University of Texas announced will be named the Jack S. Blanton Museum of Art.

In addition, Blanton and his late wife Laura Lee Blanton, have given a building at Southern Methodist University which is now under construction, and which will be named the Laura Lee Blanton Student Services Building.

Blanton serves o­n the governing boards of The Methodist Healthcare System, the Texas Medical Center, the Texas Medical Center and the Lady Bird Johnson Wildflower Center. He also serves as a director of the Greater Houston Partnership. Blanton has been honored with 14 citations, including the Distinguished Alumnus Award from the University of Texas and the Santa Rita Award (a UT system-wide award given to a limited number of individuals who had made valuable contributions over an extended period to the University of Texas System). He was inducted into the Texas Philanthropy Hall of Fame in 1998 and awarded the Joseph Jaworski Leadership Award by the American Leadership Forum (also in 1998). Blanton is a member and Past President of the Texas Philosophical Society; the former Chairman of Governor’s Task Force o­n Private Sector Initiatives; Past President of the Southeast Texas Chapter of the Young President’s Organization; a member and the Past Chairman of the Administrative Board at St. Luke’s United Methodist Church.

In 2002 Blanton was awarded the Woodrow Wilson Award for Corporate Citizenship. He has been honored by the Southwestern Legal Foundation, the Anti-Defamation League of B’nai B’rith, Texas Society for the Prevention of Blindness, Cystic Fibrosis Foundation, the Houston Youth Symphony and the National Conference of Christians and Jews. He has received honorary doctorates from Centenary College and St. Thomas University.

I said movers and shakers, didn’t I?

Update: And after you finish reading that, go here and read a bit more about this “humble” man.

And So It Begins…

2006 Edit: This is the first post (other than a couple of tests) that I made on Houblog, way back in March of 2004. I’ve decided to copy it over to the modern WP system and backdate it to the original posting day. If you want to read all of the original posts from the older Houblog version, click the link on the right titled “The Post Nuke Days.” Or that one.

Welcome to Houblog!

And did it ever take me a long time to get here. In o­ne sense, 15 years. In another, four months. The four months is how long I had to fiddle with PostNuke until I got it right. Ok, not four constant months, but off and o­n. While I debated if I wanted to do this or not. Let’s face it–blogging about your industry can annoy people in it who disagree with you. When you chose to blog about not o­nly your industry, but o­ne company in particular — the o­ne that employs you…. well, let’s just say there’s potential of backlash and leave it at that.So why am I bothering? Because it needs to be done. Moving mountains to Mohammed or the other way around begs the key question: did either o­ne need to be moved? In this case, yes. Over the last few years, I’ve been extremely disappointed in the Houston Chronicle’s coverage of the City of Houston, especially the prior administration of Mayor Lee Brown. As a few people are beginning to wake up and realize, this… this politician has saddled us with a legacy it wlll take 20 years to pay off. And don’t get me started o­n the mess with pensions. I’ll get there, believe me.Ok, enough Mr. Nice Guy. Roll the sleeves up, send the kiddies to bed, break out a beer and get set, because when I’m o­n a rant, it’s not lead, follow, or get out of the way, it’s follow or get steamrollered. I’m going to say things that City employees aren’t supposed to say to the public. I’m going to say them in ways that City employees aren’t supposed to say. Why? Because I’m pissed off at seeing my adopted home town run into the ground by a bunch of ***** selfish politicians, developers, power blocs, and other idiots.

So just what the hell is this anyway? It’s a blog, of cours. Partly about Houston, and partly about whatever else I want to talk about. Hence Hou-blog. Oooh, I was clever the day I came up with that, no?

Well, it’s also my own little egotistical playground, and if you’re nice, you can play in a corner of it too. I’m an opinionated cuss, and fairly outspoken. I can handle people disagreeing with me, if they’re willing to do it in an intelligent and reasonably respectful fashion, and debate me with logic and facts where they think I’m wrong. I make no promises to do the same back to you. You have been warned. I’m also a sarcastic cuss, so you’d better have a thick skin.

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