LPQC News

The Libertarian Party of New York was successful in obtaining ballot status for the statewide elections of 1998, collecting just shy 28,000 qualifying signatures by the August 18 deadline (no challenges filed). Getting on the ballot allows LPNY to focus on its next goal, obtaining 50,000 votes for governor on November 3rd. This was accomplished, in large part due to heroic efforts of many downstate party members to secure and complete processing of signatures in the closing days of the petition drive.

Specifically, LPNY Chair Jim Harris stepped in during the final weeks to personally supervise the paid petitioning effort, increasing the output of that section by five-fold. Mr.Harris also participated in the transport and processing of signatures (the proper sorting of petition forms, and verification of their legitimacy) in Albany in mid-August.

Also aiding in this outcome was John Clifton of the LPQC, who coordinated the volunteer side of the LPNY petition drive. Mr.Clifton made weekly calls across the state to encourage and keep track of the progress of petitioners. This reminder system led to a total 50% greater than total volunteer signatures collected in 1996, a highly encouraging sign that the LP can get on the ballot even without a high visibility candidate, in a mid-term election.

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Note from the Chair by Brad Arter

We are now experiencing the most extraordinary times. The Star Report to congress is filled with the very material that many in congress would otherwise have censored from the internet. Parents are now cautioned to keep their children from reading a publication submitted to the public by the government itself. Not since the Meese Report on pornography has the foolishness of governmental prudery been so laughable.

While my first reaction is to defend President Clinton because I do not believe that his personal sexual choices are our concern, I do believe that he must uphold the law, especially while holding the highest of public offices. Perjury and obstruction of justice, not to mention his myriad attacks on the constitution itself, should be grounds for impeachment. After all these millions of tax dollars spent on the independent prosecutors' investigating, we should have something a little more substantive. Hopefully, the Whitewater report will pack the kind of whollop needed to bring the Arkansas playboy to his knees.

While we may be titillated or disgusted by the Presidents' sleazy behavior, we must not forget that the puritan forces of public morality have decimated sexually oriented legitimate businesses here in New York City. The personal freedoms and choices of all New Yorkers are gradually being diminished by those who find a need to control the behavior of others. Our Mayor even supports the idea of vigilante groups photographing men who procure adult materials or frequent strip clubs and notifying their employers and spouses. In our "free" society, such attacks on the first amendment and on personal choices should be abhorrent to everyone. We Libertarians must openly denounce these intrusive and misguided policies. I hope our meeting on sexual freedom in October (see meeting notice page 3) will be a good forum for discussion that will lead to some practical ideas for making our position known.

New York City is a wonderful place because of its diversity, its tolerance, and its openness. Here in New York, we have been free, not only to read and view what we will, but also to express ourselves openly. Mr.Guliani, however, seems to take issue with these freedoms. His bureaucratic harassment of the Marijuana March this spring indicates his unwillingness to let all voices be heard. The police presence and intimidating use of force at the Million Youth March is even more frightening. Although I found much of the rhetoric in some of the speeches bigoted and inflammatory, I cannot see any justification for the current reaction which includes a continued heavy police presence in Harlem and increased harassment of young men of color.

Perhaps the civil unrest apparent in the Million Youth March has some cause. Rikers Island, for example, is now one of the largest penal colonies in the world. Sadly, it also reflects some of the societal problems that are most troubling in our city and they are amplified by the injustices of the War on Drugs. Well over 95% of all inmates serving time or awaiting trial at Rikers Island --right here in queens-- are black or Hispanic. Of those over 70% are non-violent drug related arrests. Clearly the "War on Drugs" not only jeopardizes the basic freedom of all citizens, it is a convenient tool easily used to the insidious and obviously racist purpose of intimidating or incarcerating young men and women of color. Young people are brutally harassed, verbally abused, and searched without warrant or probable cause on a regular and systematic basis. If we end the draconian policies of the failed "War on Drugs", we could also end this the perceived necessity for this kind of racist tyranny.

We Libertarians must make our voices heard. I truly believe that when rational people hear our common-sense message they will embrace freedom and reject the authoritarian police state that is slowly eroding our civil rights.

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Surprise! Collecting the Sales Tax is Voluntary!

As you know, in his magnanimity, Gov. George Pataki relieved New York merchants from their duties to collect sales taxes on clothing and shoes during the first week of September. While merchants and shoppers may rejoice in this apparent benefit, how would they feel if they realized that collecting the sales tax is voluntary?

Yes, while merchants are required by law to send to the state any sales tax they collect , they are not required to collect the sales tax because, quite simply, there is no law that makes this requirement.

For proof, just look at sections 1131 and 1132 of the New York State Tax Laws. ( these volumes are the State's version of the federal tax code which are embodied in title 26, U.S. Code.) While these sections purport to require "persons to collect tax," they do not and can not explicitly make this requirement because of a slight barrier--namely, the Thirteenth Amendment of the U.S. Constitution, which, unfortunately for the State, forbids involuntary servitude. Thus, there is no law that legally requires anyone to collect the sales tax.

Also, since collecting sales taxes costs merchants money, the State will engage in an illegal Fifth Amendment "taking" if it allows merchants to collect the tax without compensating them. The State in its wisdom, does address this unseemly detail when it allows vendors to take a "Vendor Collection Credit" when they file their ST-100's, the quarterly sales tax returns. Unfortunately, should it cost a merchant $25,000 to collect $100,000 in sales taxes, this credit is "limited to a maximum of $100." Funny, it still seems like a taking to me.

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Chris Garvey Position Paper

Chris Garvey, LPNY's 1998 candidate for Governor, opposes taxpayer financing for facilities such as Yankee Stadium and the Nassau Coliseum. These are examples of the corporate welfare he denounces as "legalized theft." The state's taxpayers are now being tapped for a baseball stadium on long island. Would you believe NY State owns three ski resorts? Garvey says sell them and the stadiums.

Reporters and voters ask "what would you eliminate from the budget?" Garvey answers, "My short list of corporate welfare legalized theft programs would include: the Department of Economic Development (development comes from low taxes and deregulation, not from professional grant seekers); Energy Research and Development Authority; Affordable Housing Corporation; Housing Finance Corporation; Housing Trust Fund Corporation; State of New York Mortgage Agency; Olympic Regional Development Authority; NY State Science and Technology Foundation; State Liquor Authority. None of these carry out the sole legitimate functions of government, dealing with the initiators of force and fraud against persons and their property."

Not only does the government go beyond the protection of persons and property, according to Garvey, but it both fails to do so properly and attacks the property rights of New Yorkers. "Various property rights were stolen from voters by means of incomprehensible referendums that hid the meaning of amendments to the state constitution. For example: until such an amendment in 1962, homes could not be seized for a missed tax payment--I support the OSCAR lawsuit to to declare these "amendments" null and void."

Garvey is steadfastly devoted to individual rights. Garvey declares himself a First Amendment absolutist for freedom of expression, including broadcasting and the internet. He is equally vocal in his support for the second amendment and firearms ownership. Garvey contends that "As a matter of principle, self-defense is an inalienable right. I will veto legislation that would infringe this right. Repeal the Sullivan Law--it has protected muggers since 1911." Garvey challenges the governor to mitigate the harm of the Sullivan Law by enrolling women and those over the age of 45 into the unorganized state militia and authorizing the adult population, except convicted felons and the mentally ill, to exercise their right to keep and bear arms free of the politicized discretionary authority of local police.

Garvey denounces the war on drugs as an invasion of our freedom and a means for increasing the government's power and wealth. "Take New York out of the war on drugs. Prohibition is not working, but drug prohibition causes crime, murder, accidental death and spreads diseases such as AIDS and hepatitis. The war on drugs is an excuse for the phony "crime" of "driving while black" and the war on financial privacy."

Government has no business telling us what we can not put in our bodies, weather marijuana or tobacco or alcohol." Garvey would restore the 18 year legal drinking age recently taken away by politicians. "it is also unfair that 18 year olds, who can vote, serve in the military, and pay taxes, can't drink legally." He also calls for the abolition of the State Liquor Authority and the licensing fees imposed on bars, delis, restaurants, nightclubs, and other alcohol sellers.

The Libertarian Party stands for individual liberty, free markets, and personal responsibility in order to promote a society that enjoys justice, abundance and security.

Campaign press release

(For further information, contact the campaign at 516-292-8340. you may also browse their web page at http://www.civic.li/lpny)

LPQC News

John Clifton, Editor

Bradford R. Arter, Associate Editor

Ed Velez, Web Site Editor

LPQC News is published quarterly by the Libertarian Party of Queens County. Subscriptions: included free with LPQC membership;$6/year to non-members. Deadline for articles is the second Saturday of the month preceding publication. Opinions expressed in LPQC News are not necessarily official positions of the membership or the officers of the LPQC. Please direct all correspondence to LPQC News, c/o Procida Realty Corp., 161-09 29th. Ave.,Flushing, NY11358; or call (718) 670-3270

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