Published July 28, 2010

Is Rhode Island on a nefarious mission to chip away at our state coffers?

First we got news that Sen. John Kerry docked his new yacht there, a tax haven for boaters. After the manufactured uproar, Kerry has voluntarily agreed to pay about a half-million dollars in taxes to Massachusetts. Take that, Rhode Island.

The Herald as-sails the senior skipper this morning and quotes state Republicans who say Kerry voters will jump ship. Bostonist has a roundup of the important work Kerry is doing, overshadowed by recent controversies.

Meanwhile, former Red Sox pitcher Curt Schilling throws a change-up and moves his video game venture, 38 Studios, to Rhode Island, promising 450 new jobs there. C’mon, Curt. Rhode Island is the smallest state in America, it probably doesn’t even have 450 people. The Globe’s Hiawatha Bray reports on the reignited debate over business incentives in the Bay State.

Finally, it turns out Rhode Island and Massachusetts are among 19 states competing for a share of $3.4 billion in “Race to the Top” education funding. Rhode Island is asking for $75 million. Massachusetts wants $250 million.

Published July 27, 2010

Sen. John Kerry (AP)

The Boston Herald put him in an impossible position.

Last week, the paper’s “Inside Track” gals — Gayle Fee and Laura Raposa — broke the story that Sen. John Kerry purchased a $7 million yacht and skipped the Massachusetts “sails tax.” Thing is, Kerry didn’t buy her in Massachusetts. He bought her and kept her in Rhode Island, where there is no sales tax on vessels. Still, the Herald kept hounding the senator over its manufactured controversy.

Late on Tuesday night, Boston.com ran a non-story — curiously late — about statements made by Kerry’s office on Sunday, promising he would pay any and all applicable taxes.

I publicly asked why Kerry should be obliged to pay sales taxes on a boat he bought in another state. He did not appear to break any laws. Twitterer @HubScout thoughtfully replied, in a series of tweets:

He lives in Mass & sails mostly in Mass – so choosing different, cheaper state to dock sends odd message for a state official. It’s kinda like a senator voting to impose liquor taxes on Massachusetts residents, while driving to R.I. to get his tax free.

Point taken. Kerry could keep evading the tax — and let the story live.

But this just in: The Globe reports he did something more odd today: Kerry agreed to voluntarily cut a check for about $500,000 to make the story go away. That’s the amount Kerry would have owed had he purchased the boat in the Bay State instead of the Ocean State.

Published July 27, 2010

People have had emotional reactions to my story about Monday’s Massachusetts SJC ruling on homeowner liability when it comes to icy sidewalks.

Charles Lindbergh staged an impressive recovery after slipping on ice in this January 1935 file photo. (AP)

I reported an explainer today for Morning Edition. If you missed it, the state’s highest court closed a loophole — rooted in medieval English common law — that has helped many a plaintiff escape liability.

The reaction from readers is unevenly split: It seems most of you think this is the latest example of our overly litigious commonwealth. Some are even scared that they can’t do enough to protect themselves from a lawsuit.

Other readers are thrilled that property owners are out of excuses for impassable sidewalks. I know this post is long, but I promise I picked only the most interesting comments.

In this corner…

Thank you, SJC. While we may be sweltering now, winter is not far away. Property owners — commercial and residential — need to step up and take care of their property –Eric

while it is upsetting to know that there will be frivolous suits brought over un-cleared sidewalks there is
another way to look at it. In the city trying to get around can be a real problem when a neighbor or business doesn’t do a decent job of clearing their sidewalk. –TMacD

And in this corner…

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Published July 26, 2010

Natural accumulation? (caribb/Flickr)

I know this feels really, really far away, but I need you to think about shoveling snow for a minute.

If you don’t shovel your sidewalk after a snowfall and someone slips and gets hurt, you’re liable. Until today, property owners could argue the white stuff was “natural accumulation,” thanks to an 1883 ruling that made the hair-splitting distinction.

The Supreme Judicial Court on Monday threw out that logic in Papadopoulos v. Target Corporation. (Read the ruling on Scribd.)

Emanuel Papadopoulos sued Target for negligence after he slipped and fell in front of a store in Danvers. Here’s how the story goes: It was a cold day in 2002 — below freezing — and the snow had stopped falling. Target did its duty and plowed the parking lot. The plow deposited a small mountain of snow on a median in the parking lot. Some of that snow melted onto the pavement, then refroze. And that’s where Papadopoulos took his unfortunate step, while trying to get back in his car, and fell.

Papadopoulos sued Target and lost. A lower court said the store was not liable, because that patch of ice was “natural accumulation.” An appeals court affirmed.

But the high court has ruled in favor of Papadopoulos, noting cleverly:

We do not accept this rationale where a property owner knows or has reason to know that a banana peel has been left on a floor by a careless customer; we have long held that the property owner has a duty to keep the property reasonably safe for lawful visitors regardless of the source of the danger.

Can’t wait to sue half of Brookline this winter.

Kudos to Universal Hub’s Adam Gaffin for turning me onto this story. Ever slipped on an icy patch? Do you have to shovel snow every winter? @Mainesailor grovels: “court doesn’t have plows shoveling snow onto walk!” Shout out in the comments.

Published July 26, 2010

The New York Times is a traditional news organization that broke a non-traditional organization's story.

They’re calling it this generation’s Pentagon Papers. WikiLeaks (@wikileaks) releases 90,000 classified documents that don’t reflect well on the American campaign in Afghanistan. The White House, stunned and embarrassed, rushes to defend the war effort.

Unlike in Vietnam, however, Boston University Professor Andrew Bacevich says the documents don’t tell us much about Afghanistan that we don’t already know. And the documents are unlikely to change operations on the ground.

Bacevich says the WikiLeaks story is more interesting in what says about the evolution of “information warfare” (emphasis mine):

Rather than being defined as actions undertaken by a government to influence the perception of reality, information warfare now includes actions taken by disaffected functionaries within government to discredit the officially approved view of reality. This action is the handiwork of subversives, perhaps soldiers, perhaps civilians. Within our own national security apparatus, a second insurgent campaign may well have begun. Its purpose: bring America’s longest war to an end. Given the realities of the digital age, this second insurgency may well prove at least as difficult to suppress as the one that preoccupies General Petraeus in Kabul.

Bacevich writes for The New Republic as part of a news partnership with NPR and WBUR.

Dan Kennedy, the Northeastern journalism professor, says it was wise for WikiLeaks to release the documents to traditional news organizations well in advance. It lets WikiLeaks get out of the way so “real journalists” own the story.

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Published July 26, 2010

Here are the most important stories to watch this week in the Hub:

1. Casinos. Gov. Deval Patrick is back from the Middle East and ready to tackle this last, big hurdle of the legislative session. He may well make or break the negotiations. House Speaker Robert DeLeo is the most vocal supporter of legalizing resort-style casinos in Massachusetts, including two within his district. The governor supports it, too, with one major exception: Patrick doesn’t want slots. Some people on Beacon Hill are calling for state lawmakers to table issue for the next session.
2. The Probation Department. This story won’t go away. After reporting on a culture of patronage at the state’s Probation Department, the Globe followed up Sunday and Monday with more reporting. Expect more fallout on Beacon Hill. Radio Boston will talk with Globe reporter Marcella Bombardieri today at 3.
3. The governor’s race. We’re expecting the results of a new Rasmussen poll on Guberfest 2010 today at 5 p.m. Rasmussen is a polling organization that WBUR trusts. The last poll showed Republican Charlie Baker making gains on Patrick, the Democratic incumbent. Watch this week for an in-depth profile of Baker from reporter David Boeri. And we’re waiting to hear from Massachusetts Citizens for Life, an anti-abortion PAC, to see if they still support independent candidate Tim Cahill, who is an abortion rights supporter.
4. The John Odgren case. An autistic teenager — convicted of murdering a classmate when he was 16 — goes to court Monday to ask for a reduced sentence. He was sentenced to life in prison without the possibility for parole. Today Radio Boston asks, Should the state be trying juveniles as adults? Many advocates argue the brains of adolescents are not as developed as adults, that they are more prone to act impulsively and should not be judged the same way as adults.

What stories are you following this week?

Published July 26, 2010

Where's my bus? (photoholic1/Flickr)

The data nerd in me likes this news — the T rider in me loves it. NextBus, which provides real-time transit data to the MBTA,  just dumped a boatload of new bus routes (including the Silver Line) into its database. It appears almost complete.

If you’re in Brighton, waiting… and waiting… for the 64 to take you to Central, you can find the exact location of your ride on a Google Map and even get a prediction of its arrival time.

The data is open, which means developers can hack up cool applications. One real-life example is the LED sign at JP Licks that shows when the next 39 bus is expected.

I’m still waiting on real-time data for trains, to see if the Green Line is delayed-delayed or just regular-delayed.

What apps or websites do you use to track the T? Share in the comments.

• NextBus MBTA
• The last expansion was in June
• The state started offering real-time data in November 2009

Published July 23, 2010

(Rainer Ebert/Flickr)

What do you call a Catholic who stops going to church for a few years? What about someone who disposes of the faith altogether?

The Catholic church calls them “lapsed Catholics,” a term that Radio Boston host Meghna Chakrabarti used Thursday when talking with representatives of the Boston Archdiocese. The church’s new ad campaign, “Catholics Come Home,” is designed to lure strays back to flock.

On wbur.org, Lynn Annen commented:

I find the term insulting. The Catholic Church might want to refer to me as a “lapsed Catholic”, but I am very happy to call myself an Episcopalian!

And Meghna responded:

I did not intend to use the term ‘lapsed’ in the same way that some officials might (i.e. to indicate any personal failing in the person that’s chosen to leave the church). I simply used it interchangably with other phrases as a form of conversational shorthand. However, you make a strong case that it might be best to stick with the clear and simple ‘former Catholic.’ However, now that I think about it, I’ve heard other Catholics take offense to using the term ‘former,’ because to them, their faith remains resolute. It’s the institution of the church that departed from them.

See why this is so interesting?

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