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WBEN NewsRadio 930>Audio & Video on Demand>>3-31 Tom Bauerle Show Hour 2

3-31 Tom Bauerle Show Hour 2

Mar 31, 2014|

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Automatically Generated Transcript (may not be 100% accurate)

News radio 930 WDE at. You would. Think. -- holes to. And welcome to the New York's. If they are believed we didn't conservatives they have no place in the State of New York no one -- with an assault rifle. -- Until then. His ball club. Tom now or leave it right what you showed that very spot news -- 930 check out the big -- program. Lot of sleep last night to it was HBO. And as this thing -- my all time favorite movies is that the day of the jackal. I have no like that it was even scheduled -- -- last night wake up. I look at the TV. And a good one of those moments where you think I put in the dvd. That I realize you're showing on HBO. So let those who -- talking about the movie who have and I think it was HBO hopefully when Cinemax. Now have to be HBO. But anyway those who subscribe and you've heard me talking about that movie in the past as being a must see movie. As far as how the world really works. Watch it. It stands the test of time it truly does. All right half now half on delivery. It is. Coming up -- ten minutes after four by the way gang if you see any traffic. Issues that need our immediate attention you may always feel pretty good -- call our traffic hotline 80303218030321. And I'll take some calls on the rally tomorrow in Albany and honestly -- tell me what you -- Will be accomplished. What is he reasonable expectation. Are we wasting our time are you wasting your time or do you hope to accomplish something of value. Let me go to a traffic right now we've got a nasty here's Alan Harris and AccuWeather clear to partly cloudy tonight the low 33 tomorrow. They say it's gonna be close to sixty Wednesday they say it's gonna be close to fifty. I won't believe it when I see it I said some very very nasty words when I walked out my door on Saturday afternoon. Very nasty words I was most displeased. And you probably were as well but -- I did put a a picture up on my FaceBook page those of you. Who I wanna see one of the saddest snowman. In the world. This this may well they -- -- we live in the same street with the neighborhood kids are big on -- are right now by the time I saw the snowman yesterday. It was like how you describe John it was like frosty when the snow is out and he just starts to melt he looked so sad. And I took a picture of it and you consider my FaceBook page it is the saddest snowman but in a lot. It may -- smiled. And if you can make me smile in late march with a snowman. You've done something of great accomplishment and great achievement and -- thank the neighborhood kids for that thank you neighborhood kids. It is at twelve minutes after four editors radio and I thirty WBE. And I think that line may be for us. By the way to accident is on the igniting the westbound backing up traffic past Cleveland right now that's one with the Jeep. And this is I appreciate. -- -- Because no one of the issues and and guys if you're on hold with the Albany rally calls if you just indulge me just a few moments. I want to bring aboard an expert in the First Amendment and a criminal law. A man who is on my cell phone. And an always there for us and in the -- for you. This is like -- constitutional law wanna I wanna I guess to a ladies and gentlemen welcome me in joining Paul Embraer. To Michelle Paul thanks very much I really appreciate your insight on this and specifically. I wanted to talk about the town of Hamburg. And these violation notices being sent out by the code enforcement office regarding political signs in the town. I thought this issue had already been settled. In a unanimous 1994. United States Supreme Court decision would do the Julio or MI wrong. Well here's. Here's the issue. -- -- to move this Supreme Court decided. That there were not adequate. Alternative. Avenues. Of expressing. The political views and that case. And that the suggestion by the city. That things such as hand billing and so on. Were adequate substitutes. The court reject. And I think that the same. Principle applies and Hamburg. And what the city officials might be relying. And their lawyers. Is that in the Hamburg ordinance. There is an exception. For political signs. To be put up. What -- I've forgotten I think it's a month before. An election and then they have to come down within five days after. But that really is not an adequate alternative. For something like this -- back to. Protest because. There really isn't any specific Election Day. That's involved here. I mean this is an issue that people would like to express themselves about. To encourage legislators. To rethink the legislation. Which could be you know new legislation could be introduced at any time so. On life. What Hamburg exception is directed toward the risen. A specific. All cool date if you will. That there are allowing you to put up a sign for. And Hamburg you could do it before an election. This is an issue that has no specific -- And it's one where people would try to encourage -- legislators. -- -- -- head to I mean we see signs all over me. It's all I can sum up your phone analyst ten seconds either somebody's trying to beat you up to the Starship Enterprise or somebody's doing something really wild in the next office to years. So now. Hit much better adapt and hear much better thank you very much I'm sorry I hit a bitter up but it was becoming what the hell is that. I don't have I don't hear a much it's it's much better now whatever whatever he just changed it it just got that much much better -- -- -- town of Hamburg. -- what I'm saying town of Hamburg as an exception in the statute for political sides. But they -- it's geared toward a specific election telling you could put them -- a month before. You have to take them down five days after this isn't that kind of issue this isn't something. That's tied to specific date. Here people are trying to encourage -- legislators. On a daily basis. We either support or to repeal. The -- -- So that kind of communication is not something that I think they Hamburg statute addresses in -- applying would do. You would take the position of five were arguing the case I would say. There are no adequate alternative. Avenues. That are satisfactory. For me to make this. Message available to the public to speak my mind. And so their four years statute. Is in ballot because it's stifles. Legitimate political speak. So all. This guy at the latest guy Gary bridges. He's been told as was administers a -- videos that ten days to take down the sign or -- show up in court. When he shows up in court there will be a change in venue. If he were your client would you advise him to take this to the nth degree. I think what I would do is. Start to a 1983. Action which basically -- a federal. Civil rights action. -- declaratory judgment action. In federal court here. Challenging that stitching. Under -- do. And take the position there are no adequate outlets for me to express myself this way. And it's not like. There are saying all right you can post one of these. But you have to have a down in thirty days it Tuesday and you know that would be. Perhaps something the court which say while it's reasonable you've got your message out. We don't want it to turn into an eyesore where every fence in town has signed on it. Your your messages adequately communicated. For reasonable period dot isn't that -- -- What they're saying here is -- However their saying if you wanna complain about a candidate are statute let you do that for weeks. Before election. Now I have two questions one of which I think is brilliant the other one I think is rather -- let me ask the brilliant one person the beta one I can get away -- here's the brilliant one. -- -- -- Leo that was decided in 1994. Might not a towel argue that given the explosion of social media and the Internet since 1994. That there are now alternative means of getting a message out. Well they can always make the arguments to question is whether the court agrees that that's the way to do you're still gonna say that Thursday. Total part of the population represented by baby boomers for example. Who probably art computer savvy literate or anything else she's gonna miss that entire group of voters. People who can vote legislators in -- out. So I mean that would be a fact question. But it seems to me that we're not quite there. And one more is a banal question might it be argued if only a handful I was told by of the guy in charge in Hamburg says zoning department. If only a handful and he said about three. Violations have been written over the years and two of those violations involved and -- safe signs. Could the argument be made that the law is being enforced. The the code is being enforced selectively. Well if you could show factually. But other signs were permitted to be there and no action was taken. Then it would be a content based discrimination. Which which really makes it frankly right now you would still have. Let me put it this -- try to break this doubted this simple terms here when that is what -- court reviews the constitutionality. Of the statute. They have three levels of cash. That they can apply depending on the circumstances. The easiest level for the government to achieve. Is rational basis that applies to most any kind of law. Next level is intermediate scrutiny that applies. -- it -- situation let's say like gender discrimination. Age discrimination. That would be intermediate scrutiny and that means that it's tougher. For the city to. To achieve constitutionality. At that level. Because the court applies to more stringent test that most stringent test that the court supplies called strict scrutiny. And it's always applies when it is they contents based. Situation meaning. If that message. He is what is causing the law to exist. For example you could here's here's an example that would never stand up to constitutional Muster you can that. In any way posters. Sign that criticizes Democrats. Okay that clearly captain page or you passed a law that says we can have no movies. That have a war scene. -- as opposed to all others that's content base. -- -- -- reflexes. That government is making his decision as to which message is good for unity here. That's got a base that it has the most. Vigorous if you will an onerous task. For example would strict scrutiny. That court starts off by saying I presume. The statutes unconstitutional. Now. City state. Whatever government. Convince me to the contrary. That's how that starts off. And that's what this would be in Hamburg because the argument would be look its contents based. They don't like the fact that we're we are complaining about guns. All I needed break because we get a traffic situation and I I. I don't wanna keep it that much longer -- how busy you are and I don't wanna get your bill let's go through traffic Allen Harris Allen. And will be got a 33 degrees tonight tomorrow allegedly close to sixty and I'll leave that wanna see -- Camry is here Paul is there anything you haven't said about there's you need to say for us to have a full understanding of what's at stake here in terms. The law and its application. Well I think the only thing. He left to be said is that it would be it is going to be difficult for the city or the town to justify this legislation. And I want more think -- wanna blow smoke up your trousers but. You told me something along time ago and it -- come up last week -- -- mark resigned the amount of mark resigned the fan. But people are giving markers on The Who is an attorney by the way all kinds agreed because he's representing an accused drug defendant. Who lives in his district a lot of people see that as a conflict of interest and I remember you passionately saying look. When you're accused of something you want the very best legal representation. In your opinion you can afford because the state is gonna bring everything it can't against you and you have the right to the proper defense that you see fit and frankly -- on the -- of mark resolve the fan. I think he's following in the tradition of John Adams who represented the British soldiers in The Boston Massacre I don't think that's an ethical. Issue do you. Not even not even close think about this Abraham Lincoln represented. People charged with crimes. People think he was one of the best presidents we ever had that's just profession and -- calling me giving example. Let's assume that you are the. The trauma physician at park and hospitals. The end of the years -- John F. Kennedy which. And so was Lee Harvey Oswald. When they rolled Oswald in and you knew that he shot and killed JFK. Which you still have the. The duty and obligation to treat him and try to keep alive the answers yes. It means that everybody as of perfection. As a calling. And you can make choices about who you represent and so on but if you decide. To represent someone people should respect your calling. You are down you don't turn into this isn't like the deal selling movie you know he. -- stand next to a fat -- in your fat and salt on it doesn't work that way well is our perfect. Yup and I tried -- make it to John Adams comparison because John Adams was living in Boston amidst a -- Apple they made his life miserable -- he did the right thing which I thought took a lot of balls. It took more than that at. Especially in those days. -- and by the way there wasn't doctor. There was a doctor apartment in 1963 -- name was doctor Charles Crenshaw and he said exactly what you said that Lee Harvey Oswald was given. No less treatment no less benefit of the doubt -- was JFK. Crenshaw in fact is the guy who majored in Oswald did not go into the same trauma room into which they brought JFK just two days earlier just a noted trivia thought to be interest and Paul it's always a pleasure. It Paul camera buffalo attorney and great stuff for 26. -- And I'm glad I'm gonna say this when Joseph -- has today off. Did you know hole announcer actually -- our park this summer this spring yeah. I did because I said that and Joseph was here he'd be on the phone right now buying tickets like I would be if I was on the year for goodness sake. Let's -- Hall & -- are going to be playing -- And I'll be buying my take it's like everybody else it was a good plans and company wants me there VIP box and mark Groce wants to fly -- helicopter have to show originally going to get there -- a Daryl hall and John -- June 10 that -- park. I like that and Ringo Starr on June funny all. Yeah. But Boston on July. Now it's it's Boston and they were big. Back in the late 1970. Is more than a feeling still a great beginners on learning guitar. I'm just putting it up there are those who do work concert crazy thing about go to our -- for a show is. I need a friend with a helicopter. I have a friend with a helicopter. Because I don't think he's gonna wanna do that a total of it must ask. It has -- but -- like a -- jet. Look at pictures of -- private jet fuel mileage on and if it's just don't see in the jet. Really beautiful and you need a guy like me your life. Anything from. Hitch rides on your jet. What your money. You help your body. On a cart record. I don't have to. So I am offering my friendship to -- -- -- -- it looks lonely. On his private jet. The fact that he likes going to Jamaica is immaterial. It is out last time I was there I says private jet -- that -- bay airport I'm like -- but -- there's an opportunity wasted. All right it is up for 35 with an -- No no no not at all. I. Went to the fuel and it is up or 35. At W -- hourly thanks very much for being a part of the program and thanks for letting me in your life and gang if you try to get home. It is a royal pain in the ass right now on the throughway because about an hour or so ago. -- -- All that's sad a Jeep somehow ended up in the center median concrete Jersey barrier on the ninety. Right around Walden. And it doesn't really matter what direction because now traffic is backed up to the 290. Heading in the eastbound direction. And on the ninth and the traffic is probably backing up now to well past Williams street unless they get that -- out of there now if you have any. Traffic info we need. You know it if things are worse -- I'm saying they are feel free to call me because we always appreciate your eyes on traffic and the ninety is kind of a big road. I start 930 is a free call star and I 30. Also any other traffic issues we always appreciate your input. At 8030321. That's WBM traffic command 8030321. But the situation on the -- east and westbound around Walden and they go back to the 290. Is because of a Jeep on the center. Media and it shouldn't take that much longer to get jerked off the barrier negated the hell out of the way so let's hope let's hope nobody got hurt first -- -- And I was just say a prayer for the Jeep as well. I I like Jeep strategic thing you you wouldn't understand. But I don't refused to wave to people in other -- now that's taking it too far I'm sorry it's now now it takes it too far that it becomes a cult thing. No not a cult cult are right it is up hourly on WB yet and I'm so glad Paul care -- was able to join us and I don't want to get too far field here doesn't wanna talk about tomorrow's protest in Albany rally against -- safe. But I need you guys to understand and I want you guys to understand from where I'm coming. With mark resigned because I'm already getting hate mail about what I set guys. Politically. I do not agree with mark is not to. OK I think that he lied to people when he was running for office I think he lied to people about gay marriage. I think that his vote on and -- say it was a disgrace. And politically. I cannot disagree more with the guy that I disagree with markers not to. I'm also going to tell you that I know people who know mark resign at The Who think the world of him. Who think that he hung the moon. Seoul. It's not like he's some. Horrible evil human being with no redeeming qualities are right I know people least helped. And I am not just pulling that out of my arts politically I don't like him. But I'm not calling him say I want to differentiate but I also wanna make a real. -- to the people in his district were upset what markers up to the attorney for representing an accused drug dealer. That mark -- is following in the finest legal traditions of this country. And he is absolutely positively. 100%. Doing the right thing and there's a time in my life folks are used to hate Paul camber. Like I was in my twenties. All want to do is get up bad guys off. All it wants to do is is make life miserable for the good people and put criminals on the straight. And Paul said something many years ago that is always stayed with -- And -- a repeated what I just told Paul few minutes ago. When you are accused of something. Believe me. The state or you're enemies will put everything they possibly can against you. They have unlimited resources with which to prosecute you you have the right to the best legal offense and defense you can afford. And if the accused drug guy markers on the is representing. Thinks that markers on the is the best attorney for his case. That he has every right to be represented by mark preside at the and -- -- the has an ethical duty to take him on as a client. And if you think that that smoking -- folks you got to understand. John Adams is regarded as one of the greatest American mines and by the way a founding father of our country. John Adams lived in Boston during The Boston Massacre. John Adams represented captain pressed them. And a whole bunch of the soldiers that shot those rough billions in Boston frankly guys they -- heroes they were Boston street thugs they were picking fights with with the British soldiers the British soldiers killed this album. And they were standing trial. And the soldiers want a job that John Adams stepped forward actually to represent the British soldiers. At the same time as you want an American independence. But John Adams was a great American and he did no different than what mark resolve -- doing right now. So people who don't understand markers bodies ethical role in defending an accused drug dealer you need to go back and read your history about John Adams and the Boston. And hopefully we haven't heard any reports of injuries from that and I hope that obviously that's a big thing -- metal can be -- cars can be insured any vehicle can be replaced after what the -- it is human life and human limb that is Paramount and I've not heard of any serious injuries and let's hope it stays that way. AccuWeather for today we're looking at -- overnight low going down to 33 degrees tomorrow they claim it's gonna be close to sixty. Asked me if I believe -- I don't. And then tomorrow 48 degrees Thomas you're dissing your own weather guys got actually. Believe I say it. Is it still 41 John 48. Forty sex its auction 46 -- news radio 930 WBE. -- All right Dan -- I hope. You don't mind my are going back to the Hamburg sign an issue but I wanted to fill in some blanks with Paul can't Briere who knows this stuff inside and out. And you know the bottom line and I I did tell the guy -- -- amber looked at talked to attorneys they say you guys are wrong and you're gonna lose in court. Well I guess we'll wait Nancy. And I also watch it and -- I originally what we talked. I I think the I think Kurt who's in charge of code enforcement in Hamburg and QB's name is -- Allen. I think originally and the sisters my interpretation. I think he thought. That I was trying to rope him into something or get him to say something that he would regret I wanted to get him on the show -- you hear from him personally. And at one point you know he said to me welcome in you -- you need to do your research I said bull that's why I'm calling -- right now because I wanna get the facts. So -- we did have a very cordial conversation. And believe me I know what it's like when something goes viral and you feel helpless to defend yourself. And I want -- and I'll -- in all fairness. Because that's where wannabe to wanna live my life. In all fairness I gave Kurt Kurt -- he has my private cell phone number. So that in the future. If I say anything that is factually incorrect about the town of Hamburg side issue he has direct access to me he can always text me. And I think that's what gentlemen group. And it was a very forthcoming conversation. It was an honest conversation. And as a conversation between two gentlemen. I disagree with them he disagrees with me but I I hope that -- Allen understands that this was not some attempt to sensationalize. Something. This was a story that broke and it broke because. Of my knowledge of -- do the Julio and how these sign ordinance cases usually end up end because at least twice now in the past few weeks. To Hamburg residents have been cited. For repeal and -- safe sides. And by the way I want pictures. If guys slid by the Hamburg dog park. The Hamburg dog run. Can you guys send me photographs of these signs that are attached to -- events because by the logic that's being applied to mr. bridges. Those signs should also be illegal. So if you live and Hamburg in -- buy that dog park with the -- I'd never been there. Take a picture or five send them to meet Tom at WB EN dot com Tom at WB EN dot com. And we'll see if there isn't some inconsistency -- But again I wanted to know that I gave Kurt -- on the opportunity to come on the here I respect his decision not to come on the here. Not everybody feels comfortable talking on the radio I do it for living. And no hard feelings that he didn't wanna come but I want you to know that I wanted to get his side of the story. And give him my private cell phone number so that in the future if he feels like I'm screwing him over he can immediately contact me and say dude that's not the way it went down. Think it's the right thing to do -- to the fair thing to do and I feel good about that. Now in a rally tomorrow. What is gonna come of the rally. Now what are the things that is a positive is. It will keep the issue in the limelight. Mean that's one positive I can think. People are still talking about NY -- And we do have -- dedicated group of people I'd like to include myself in that who are steadfast against and why say it. Now let's go to key in buffalo on WB and -- I don't think technical. Well thanks for taking your cold. I want your cold. I had one cold all winter and I got away well I just get the funky exotic stuff what's on your mind. Are you at all -- score about the -- and you know opening. I really think you can you know it's good that people get together. And support each other and shudder. You know get ideas together but for the most part these politicians just don't care -- I agree the politicians don't care I think it is a very uphill fight. And I remember having many conversations with folks over the course of the past year -- and I don't know how long you've been listening to my show. That ultimately the decision on NY safe and its constitutionality. Is gonna have to be made any high legal level because the politicians will not do the right thing not the Republicans not the right no certainly not the Democrats. Well yet I I think they look at it -- let's say like Chinese good diplomat looks set blue streak that stickers. They've they've probably laugh at people outside that's all say. Wow that is a very interesting analogy. If I I'm gonna find that -- hard to top because I think that's perfect. Because you know all these people are with us preach -- -- it was. All the way you know they they they can preach that is a big old they would be done that at all like you expected to free Tibet. Yeah how much the Dalai -- -- -- in Beijing probably not that would be my guess. But you know you know political analogy is that the Ukraine. How they -- -- -- -- -- yes. Okay well. That now you know what went people that you'll have people -- to give up didn't. And -- up -- -- picture territory. They they did what they've done to bet that would a new pieces to a country basically done. And what they eat that apple you know that's are off. Right well again you know we get back to eight treaty is only valid if you've got the muscle to hold up your end of the treaty. I would refer you to the 18694. -- army tree we can talk about what a scumbag lot of report news until the cows come home. But the United States government and 1869. Sided deal with the Indians regarding the Black Hills in the Dakotas. Which in immediately reneged on the minute goal was found and embargo so you can blast potent we did the same damn thing to the Indians. Well I respect you Putin can not only to god not sure it. Because you know he's doing what's best for Russia. Well you know you can talk about analogies -- and to me as unpopular as this will make me. The United States defines our sphere of influence as the Western Hemisphere we did so in the 1820s with the Monroe doctrine -- is doing the same thing with rusher he's looking out for Russia's best interest. Ukraine and predicted that -- -- it was a different era. But look I gotta go I'm glad you called. All right interesting call from Mikey I need to break traffic mess -- the threw away more coming right up on WB Ian. And any pictures you have of any accident as long you can safely take them and his longest obviously not my grocery -- you can send them to me Tom at WB EN dot com Tom at WB EN dot com. And AccuWeather says tonight clear to partly cloudy overnight low 33 tomorrow allegedly. It's gonna be sixty degrees cloudy maybe a shower but allegedly up to sixty and then Wednesday the high about fifty with partly sunny skies prevailing. Right now it is 46 degrees -- news radio 930 WB the end. -- again what will be rally. The anti analyze -- -- rally in Albany tomorrow accomplished is that a waste of time or is it a value. The one thing that is of value is keeping the issue in the public. My skepticism however views and I said this before. New York State is all of the dumbest voters in the universe. New York State. Is stuck on a stupid. And I gotta tell it. As much as I would have supported him to the degree if he would run for governor. Because he's the only realistic shot of unseating Andrew Cuomo. I'm really not thrilled that Donald Trump is gonna be doing a speech tomorrow at the rally because as far as I'm concerned he let us down. He -- -- so long any letters now. And I don't want -- with Donald Trump has to say about and why say it because he was the one guy in a position to take over the executive office. And he said screw you New York State. -- not as exact words I happen to believe he would've won the race against Cuomo. Here's John in worse on WB and hello John. -- how -- -- not I saw you there in the forward -- -- well that would have been your model we're. All words no 100 others are toothbrushes we've got coming at Wyoming county. The one thing I feel there's gonna make the biggest difference. The number of people we've got registered to vote. It just our school needs -- just amazing it's got to go to different count Laura Scott to. Unfortunately though here's here's the problem and I wanna keep on until afterwards John until after the news do you have any openings left on those buses early jams. No all we got laden may be one C left on R&R two glasses. I was gonna let -- template but after your friends Syria on the -- -- already going to be clamoring can hold until after the news -- yeah right John don't don't go anywhere I want to find out if the rally is gonna be a waste of time or what you realistically. Hope. To accomplish by going to Albany tomorrow. 8030930. Start I'm 3180616. WBM.

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