Wednesday, March 23, 2011

555 Banksy lawsuit drawing to conclusion

Last spring the 555 Gallery, a Detroit non-profit, salvaged artwork created by the world renowned anonymous, artist Banksy from the crumbling Packard plant. The action created quite a stir among Detroit's art community.

Was the work salvaged or stolen from the abandoned facility? A debate in the media and online ensued. As the story drew more attention, a group claiming to own the Packard Plant filed a suit against the 555 Gallery.

Friday July 11, 2010 Yahoo Wire Service via The Detroit News:  What began as a scandal in the Detroit art community has now, like so much in America, turned into a lawsuit.
Bioresource Inc., the company that claims to own the derelict Packard Motor Car plant on Detroit's east side, is suing the 555 Nonprofit Studio and Gallery in Detroit, demanding the return of a mural removed from the plant. Ownership of the plant has been the subject of a long-running legal dispute.
The art in question was allegedly painted by the celebrated English graffiti artist Banksy, who's won worldwide fame for his politically charged artworks.

Almost a year later the lawsuit is nearing an end. The legal question of who actually owns the Packard plant seems to be behind the dropping of the suit. Pursing a suit case against the 555 Gallery could put the alleged owners (Bioresource Inc.) on a legal hook.

The suit against the 555 is asking for hundreds of thousands of dollars, the City of Detroit wants the owners to raze the structure and that costs a lot more. Why try to sue for thousands  if the result would be (by admitting ownership) paying potentially millions to Detroit?

555 Gallery Director Carl Goines says the whole ordeal should be wrapped up within two weeks. "The plaintiffs unexpectedly dropped the suit last week, so it's in the public record. But it's  not completely done."

Goines says the lawyer representing Bioresource Inc is requesting the 555 Gallery pay his legal fees.

The 555 board of directors will meet and make a decision on a response to the lawyer's request. According to Goines if the suit is not completely dropped, depositions are scheduled to begin in April.

Goines did not say what the future holds for the Banksy piece. Banksy works have sold for as much as $500,000. He was the subject of a 2011 academy award nominated documentary.


Wednesday, March 16, 2011

Le Nain Rouge racist? the origins of Detroit's newest celebration

This Sunday, hundreds of Detroiters will participate in the second annual Marche du Nain Rouge. It is based on a mythical, evil creature known as Le Nain Rouge or Red Dwarf that inhabits the city. The supposed purpose of this parade is to appease this creature as spring approaches.

Anyone and everyone is encouraged to join in this Mardi Gras, Carnival style parade. The crazier the attire, the better. This year's march includes the Detroit Party Marching Band and non-motorized chariots. It starts at the corner of Forest and 3rd, just south of Wayne State. It concludes at Cass Park.


Marche du Nain Rouge: La Marche du Nain Rouge is an annual Detroit tradition that purportedly dates back to shortly after the city’s founding by the French in 1701. Annually held on the Sunday closest to the Vernal (Spring) Equinox, it is parade and street theater similar in sensibility to Mardi Gras and other Carnival celebrations. However the impetus for La Marche is different.
La Marche drives Le Nain Rouge (The Red Dwarf) out of Detroit, preventing its evil spirit from plaguing the people of the city for the rest of the year. By forcing Le Nain Rouge from the city (and into the spirit plane), Le Nain is banished, transforming Detroiters’ fears and doubts into the hopes of new life and the coming Spring season.

It seems like a great tradition has been revived but the parade has been viewed with suspicion by some in Detroit political activist circles.The irony of celebrating a bunch of "white" people (French colonists) running a "red man" (Le Nain Rouge) off his land is, at the very least, odd.

To compound the matter, the parade takes place in Midtown (other wise known as the Cass Corridor to hardcore Detroiters). It is a neighborhood that is experiencing an economic revival. Major employers in the area are offering employees incentives to move there. It is part of a master plan to revitalize the neighborhood.

But revitalization to some is gentrification to others. And the vast majority of parade participants are part of the growing white population in Detroit. Hmmm......

Looking at things this way could easily make one question the parade. That is, if the history of the Le Nain Rouge Parade was accurate.

One of the organizers of the celebration, on the condition anonymity, admitted to detroitblank that the story of French settlers holding a parade is a complete fabrication. In other words, there never was a parade. Notice the use of the word "purportedly" on their site.

However, that does not mean the parade has no historical basis. Accounts of Le Nain Rouge can be traced to the Ottawa tribe that lived near Detroit. The tribe did not live near the banks of the Detroit River because they believed there was an entity, similar to the description of Le Nain Rouge. It probably made Cadillac's (Detroit's founder) task of constructing a fort easier. No locals crying NIMBY (not in my back yard).


Jay Shem of the Little River Band of Ottawas says the tribe recognized such creatures. In their language, the creatures like Le Nain Rouge are called "pukwujie." The entities or spirits live near rivers. If one is discovered, the tribe will hold an annual appeasement ritual.

Sunday's parade may be honoring a fake French tradition, but honors (without realizing it) an Ottawa tradition.

And if local bands of Ottawas recognized the entity that became known as the Le Nain Rouge, any arguments about the racial overtones of the modern celebration are mute.

UAW supports tailpipe regulations, prepares for contract strategy sessions

The United Auto Workers union is busy these days. Yesterday, UAW president Bob King addressed the  House Energy and Commerce Committee. As part of the BlueGreen Alliance, a consortium of four environmental groups and 10 unions, King urged Congress to keep tailpipe regulations.

March 15, The Detroit News:  UAW President Bob King said the regulation of tailpipe emissions has been a "win-win" for the auto sector.
"This is a pretty simple equation: new technologies required by such standards bring additional content on each vehicle, and that requires more engineers, more managers, and more construction and production workers," said King. "Meanwhile, we achieve greater oil independence for our nation and a cleaner, healthier environment for ourselves and our children."
The proposed legislation would remove the Environmental Protection Agency's authority to regulate greenhouse gas emissions under the Clean Air Act. If it passed it would return power to set standards for fuel economy back to the National Highway Traffic Safety Administration.

In theory, the Republican sponsored legislation would be a job maker, because there would be less regulation. It also stops states like California from creating their own standards.

The BlueGreen Alliance argues standards create jobs.

In addition to testifying before congress, the UAW is preparing for upcoming strategy sessions next week. Contracts with Ford, Chrysler and GM expire this September. UAW President King says workers should share in rewards after the past decades sacrifices.

March 16, Crain's Detroit Business: King, 64, will negotiate new contracts this year with General Motors Co., Ford Motor Co., and Chrysler Group While the agreements don't expire until September, King has said workers must be rewarded for sacrifices they made to help the automakers survive.
He said UAW members each gave $7,000 to $30,000 in concessions since 2005."All the sacrifices that our members made to turn these companies around were part of the process that's really led to this amazing turnaround," King said in a January interview. "We want our membership to share in a very meaningful way in the upside of these companies."

This year's contract negotiations are the most important yet for the UAW.

After decades of shedding jobs, the U.S. auto industry (thanks to a govt. bailout to GM and Chrysler) is slowly rebounding.

Ford executives were recently rewarded handsomely for steering the company from the brink.  Are workers going to be rewarded as well?

UAW workers did not make the executive decisions that nearly destroyed the U.S. auto industry. But they did pay a price in terms of decreases in wage and benefits and loss of jobs.

They have been given the stick, will they finally get a carrot?
 





Belle Isle: beaches, bar-b-ques, and.... vineyards?

A group of wine producers called Detroit City Cellars wants to build a 10 acre vineyard on the island. A winery would be located in the Belle Isle Casino building.

Their proposal is gaining momentum. The Michigan Economic Development Corporation has written a letter in support of the project.

March 16, Detroit Crain's Business: In a letter, the MEDC (Michigan Economic Development Corporation) says the winery and vineyard will bring tourism to the city.
"The combination of grape growing on Belle Isle and winemaking/wine tasting in a compelling venue like the historical casino building will draw new visitors to Detroit," George Zimmermann, vice president of Travel Michigan, said in the letter.
John Burtka, owner of three wineries including Jackson-based Cherry Creek Old Schoolhouse Winery, hopes to open the Detroit winery in the Belle Isle Casino.

Belle Isle is the largest city owned park in the United States. It's history of being a free park for all the public to enjoy is a source of pride for many Detroiters. Will residents accept a private business on public land?

A Belle Isle winery would be the first in the metro region. It could potentially increase tourism and bring more people to the island who might never visit otherwise. Sitting on the shores of the Detroit River, sipping a Detroit wine is a delicious image.

Further details are needed for the winery to gain more support. It is unclear what government entity would have to give final approval before vineyard construction begins.

The group wants to start planting a plot on the east-side of the island by the lighthouse in May.

Detroit Teachers Union promises legal battle over charter conversion provisions

Detroit Public School's Emergency Financial Manager Robert Bobb's plan to convert 41 under performing schools to charters schools would save the district millions.

The district would generate revenue from renting out the buildings and save money by not having to close down, secure and patrol vacant campuses.

But the Detroit Federation of Teachers says not so fast.

March 16, The Detroit News: Keith Johnson, president of the teachers union, said DPS Emergency Financial Manager Robert Bobb had told him that because the schools would be chartered by DPS, teachers would fall under the current collective bargaining agreement and be entitled to the same benefits, including state pensions.
"It now appears what he wants to do is issue these schools as charters and not have to deal with part of the pension plan," Johnson said. "That's an admission you failed in your responsibility as an EFM."

Johnson says the teacher's union will use every legal option available. The public to charter school conversion process could become bogged down in a legal war of attrition.

Well, that's a possibility under today's law on the power of an EFM. But tomorrow is another day.

Governor Snyder is ready to sign a bill to give EFM's like Bobb, greater control. Bobb's new powers could potentially negate any legal maneuvering by Detroit's teachers union.

The Detroit Federation of Teachers would have to challenge the legality of the soon to be signed EFM bill. Even if the union won in court, decisions would likely be appealed to the State Supreme Court. Republicans hold a 5 -2 majority, so the new EFM bill probably wouldn't be overturned.

How far is the teacher's union willing to go? How much money can it spend on lawyers?

And what about the group most affected by the changes, the children who attend schools in Detroit? They are pawns on a convoluted chess board. Just how many will be lost as this game is played out?



Detroit Charter Commision supports council by district

In 2009, Detroit voters elected a new commission to rewrite the city charter. Flaws in the current charter, only recently revised in the 1990s, were revealed during the Kilpatrick administration. Vague wording left the City Council powerless to remove Mayor Kilpatrick.


Besides the Kilpatrick saga, public spats at council meetings were made (in)famous by the Internet. Those episodes left a bad taste in voter's mouths.


Currently, The nine Detroit City Council members are elected at large in a city wide vote. That will change.


 March 16, The Detroit News:  The panel has tackled the most controversial issue that helped bring it together in 2009: electing council members by districts. Still undecided, though, is how much power the council would have in day-to-day affairs.

    "That balance is the most important part of the discussion," said Detroit-based political analyst Eric Foster. "If the council has the same power and influence as they do today, they will be an unproductive, politically ineffective operating body. If you balance it out between the two, then you have a good check and balance structure that exists.

    Electing council by districts, rather than citywide, has been a contentious issue in Detroit for nearly two decades. Aside from Columbus, Ohio, Detroit is the last big U.S. city that elects all nine members at-large. Residents indicated they wanted to switch to districts in a non-binding 2009 referendum.

Of all the issues facing the charter commission, council by district will be the biggest change. Right now, five council members reside in Northwest Detroit, three in the Midtown/Downtown area, and one on the Eastside.


The configuration leaves huge areas of  the 139 sq mile city with no council members living in the vicinity.

In the past, the at-large system led to potentially unqualified candidates who used name recognition to claim or retain a seat. (cough...) Remember Martha Reeves and federal inmate No. 43693-039 a.k.a. Monica Conyers?


The charter is not releasing details. But it appears it will give the current council the power to draw districts. It could follow the Detroit Public School district setup: 7 districts, with 2 at large seats. The districts would simply use the same borders as the school system.

Other Charter recommendations require candidates to live in the districts they want to represent for at least one year prior to an election. After an election, council members would have to live in the district they represent.

The charter will also recommend the Council President be elected by it's members, rather than receiving the most overall votes in the general election.Former television and radio reporter and current Detroit Council President Charles Pugh had no prior legislative experience before his election to the current council.

Are there winners and losers?

  • Current council members may have to relocate to retain a seat, but after years of neglect, would they be popular in the neighborhoods they move to? 
  • Detroit residents would finally have a council member beholden to their districts. Street lights out? Call your council member
  • The predominantly Latino Southwest Detroit, with it's growing population, would finally have representation.
  •  If the council is split between districts and at-large seats, residents will have more than just their district representative to call on.


Further details may come as soon as this Saturday. The new charter will be on the November ballot.

The ultimate question is, will a new council configuration make a difference in the life of an average Detroiter? Only time will tell.

Tuesday, March 15, 2011

Homes sales in Metro-Detroit fall as foreclosures thin

Legal questions about bank procedures are slowing foreclosures across the nation. The result in Metro Detroit has been a decline in home sales.
The Detroit News, March 15:The region's nonforeclosure sales increased 10.7 percent from February 2010, but sales of foreclosed properties dropped 16.6percent, for a total sales drop of 4.9 percent, according to Realcomp II Ltd., the Farmington Hills multiple listing service.
The reason, says Realcomp Chief Executive Officer Karen Kage, is that fewer foreclosed properties are coming on the market, a trend seen in the 15.2percent decline in total listings during the month.
"That's because there are far fewer foreclosures on the market," Kage said. "But as foreclosures come on the the market, I think we're going to see them sell quickly."

In more simple language, home sales are declining  because the über-cheap foreclosed properties are no longer as plentiful.

The Obama administration has been setting up programs to help homeowners avoid foreclosures. The measures are important to hard hit areas like Metro-Detroit.

However, recent moves by the House of Representatives may limit those programs.

The most pressing issue for many metro-municipalities is when will property values begin to rebound?

Local and state revenue is tied to property values. When folks stay in their home, property values stabilize and that's a good thing for local communities and local governments.

On the flip side, when folks are able to stay in their homes, those homes are not put on the market. Hence, sales drop. What is good for the real estate goose is not necessarily good for the Michigander.