The Journal Star has come out as a strong advocate of mandatory helmet use by motorcyclists, just as it has been strongly in favor of mandatory seat belt use in cars and trucks. You can read their argument on the editorial page today or by clicking here.

I, too, am an advocate of helmet and seat belt use. I can read the statistics as well as the next guy. Besides, it’s just common sense that you would want to take precautions and protect your self while hurtling down I-74 at 55 45 miles per hour. And I’ll never understand why you wouldn’t want to at least protect your face from bugs when you’re on a motorcycle.

But there’s a big difference between being an advocate for helmet and seat belt use and being an advocate for mandatory helmet and seat belt use. I’m a firm opponent of the latter. To me, it’s paternalistic for the government to be legislating your own personal protection; it’s akin to passing a law against running with scissors.

Most of the Journal Star’s arguments are very persuasive for voluntary helmet use, but they really only have one argument for making it mandatory:

Arguing for helmets is sure to offend those who want to feel the wind in their hair or reject government encroachment on their liberties. But operating a vehicle is a privilege, not a right.

And here is where we disagree. A very persuasive case can be and has been made that operating a vehicle — other than for commerce — is just the opposite: a right and not a privilege. It should come as no surprise that the argument is made by a libertarian. You can read it here.

What makes it so persuasive is that it’s not merely philosophical. Rather, it cites a multitude of court cases — legal precedent — for driving being a right; the “Right of movement, the Right of moving one’s self from place to place without threat of imprisonment, the Right to use the public roads in the ordinary course of life.” How could it be otherwise in a free country? Here are just a couple of quotes:

“The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental right of which the public and the individual cannot be rightfully deprived.” Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163.

“The right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness.” Thompson vs. Smith, 154 SE 579.

Take away the “driving is privilege, not a right” argument and you’re left with no justification for creating a new crime — the crime of riding without a helmet.

I appreciate the sentiments of the Journal Star; I certainly don’t want to see people getting themselves killed. I’d rather people wore helmets and seat belts. But that’s their liberty. And with all due respect, I don’t need the editors of the Journal Star to protect me from myself through the power of the state.

During the NLCS (Houston Astros vs. St. Louis Cardinals), Fox broadcaster Thom Brennaman commented that Houston has never been to the World Series in the history of their franchise. Then, wanting to make the point that the Texas Rangers haven’t made it either, he said, “There has never been a World Series game played in the biggest state in the country.”

Of course, he’s right. There hasn’t ever been a World Series game played in Alaska. How old of a guy is Brennaman? I know we all laughed at Bob Dole when he referred to the Brooklyn Dodgers, but at least he was alive when the Dodgers were in Brooklyn. Is Breannaman old enough that he went through geography class before Alaska was admitted to the union?

While I’m on the topic of idiocy by Fox, what’s the deal with the “diamond cam”? You know, the little cameras on the ground right in front of the pitcher’s mound and home plate that look up at the pitcher and batter, respectively? This is perhaps the biggest waste of technology since the wristwatch television. Couldn’t they come up with something that would actually enhance their coverage?

I think the best camera enhancement I ever saw of a sporting event was EyeVision from CBS during SuperBowl XXXV. That’s where they could stop the instant replay and do a “Matrix”-like 180-degree spin around the play. Such a system in baseball would be really cool for plays at any base — especially home. See, a real network uses technology to focus on the plays, while Fox uses technology to give us an ant’s-eye view of the players.

So, I renew my plea to Major League Baseball: please, please, please give MLB coverage to some other network once Fox’s contract expires!

Congratulations to the Houston Astros. In the National League Championship Series, they played better baseball than the Cardinals. They got the clutch hits and had superior pitching overall. The World Series will be a good competition with the White Sox.

That said, though, I still maintain that the whole wild card thing is patently unfair. During the regular season, the Cardinals won 11 more games than Houston — a team in their own division — and won 11 of 16 games in head-to-head competition. The idea that they should have to play them again in the postseason is ridiculous. It’s like having the gold and silver medalists in the Olympics play each other to see who really gets the gold medal. Why should a team get a second chance? I felt the same way about New York having to play Boston last year (before Boston beat the Cardinals). It just didn’t seem fair that New York, after beating the Red Sox in the regular season, had to play a short series against them again.

A while back, I read a book by Bob Costas called Fair Ball, and he had what I thought was an excellent suggestion. If there must be three divisions, you can still have two rounds of playoffs without a wild card. You give the division winner with the best record a bye for the first round. Have the other two division winners play each other in a best-of-5 series. The winner of that contest faces the team with the best record in a best-of-7 series. The winner of that contest goes to the World Series. That would be much fairer and would reward regular season performance instead of marginalizing it.

Finally, I close out my comments on the Cardinals’ season without mentioning Albert Pujols’ home run in Game Five. That was the most exciting and dramatic home run I’ve ever witnessed. It doesn’t matter whether they won or lost the NLCS — that was a moment for the history books. It allowed the Cardinals to play one more time in St. Louis before the old stadium was torn down, and it showed that the Cardinals are a competitive team that doesn’t go down without a fight. And it showed what a talented and classy player Pujols is.

Farewell, Busch Stadium. See you next year in your new home.

I’ve been reading on the Peoria Pundit‘s and Polly Peoria‘s blogs about how the city can’t find a way to pony up the money to reopen Fire Station 11. But just because the city can’t do anything about longer response times to fires, don’t think they aren’t concerned about public safety.

They’re taking very seriously the safety threat of that demon of the sidewalks: the motorized scooter. That’s right, scooters are terrorizing the highways and byways of Peoria, and they need to be stopped. Fear not! The city council will be taking action tomorrow night:

AGENDA DATE REQUESTED: October 18, 2005

ACTION REQUESTED: Adopt the attached Ordinance Amending Chapter 28 of the Code of the City of Peoria Relating to Motorized Scooters

BACKGROUND: Motorized scooters, both with internal combustion engines and electric motors, have come to increasing use since 2002. Arguably, they are toy vehicles which are prohibited from using City streets per Section 28-11 of the City Code. Arguably, they are motor vehicles which require a license to be operated on City streets . The Illinois Secretary of State has consistently taken the position that these types of vehicles are not entitled to be licensed by the Secretary of State. Both of the above Sections would pertain only to the prohibition of these motorized scooters on City streets . It is our understanding that there is also an objection by citizens to the use of these vehicles on City sidewalks and other City property. In as much as these motorized scooters did not exist at the time that the above-referenced ordinances were written, it is felt that the best way to approach this problem is to have an ordinance specifically prohibited the use of motorized scooters
not only on City streets, but also on City sidewalks and other City-owned property including, but not limited to parking lots.

In addition, in order to aid enforcement we have provided for impoundment of motorized scooters in violation of this ordinance . They may be returned after 24 hours and payment of a $50 fee, which fee shall be returned to the individual should they be found not guilty of violating the ordinance.

FINANCIAL IMPACT: N/A

NEIGHBORHOOD CONCERNS: Neighbors have complained to Police concerning the use of these scooters .

IMPACT IF APPROVED : Use of motorized scooters would be prohibited.

IMPACT IF DENIED: Use of motorized scooters would be legal.

ALTERNATIVES: N/A

Well, I feel safer already, don’t you? I can sleep peacefully tonight knowing that the motor scooter pandemic is finally being addressed. With big, important issues like this on their plate, I can see why city staff would have little time to devote to finding funding for fire protection.

I was reading Polly’s blog the other day and learned about a place I’d never heard of before: Christ Orchard (“Christ” is pronounced with a short “i” as in “Chris”). To get there from Bradley, you take Farmington Road about 14 miles to Texas Road, turn right and go three miles — it’s on the left.

Great place! Much smaller than Tanners, and maybe a little smaller than Apple Blossom Farm. The whole experience was like going to a friend’s or relative’s house who lives on a farm. In fact, it kind of reminded me of going to visit my great-uncles and great-grandmother on the farm when I was a kid.

When we arrived, we pulled into the driveway — there isn’t really what one would call a “parking lot.” They had wagons available for hauling around apples, pumpkins, and/or flowers. When we walked up to the “store”– which was more like a large, nicely decorated garage — we were greeted by a nice young lady who helped us find just the right apples for making homemade applesauce (my wife’s specialty). She also informed us that there was a free hayrack ride for the kids (my kids loved it). And her little sister, who was four, made fast friends with my oldest daughter (who is five). They spent the whole time playing together, petting the animals, helping one of the guys put out squash for sale, and generally having a wonderful time. She even gave my daughter a flower before she left.

My wife was most impressed with their prices on apples. A half-bushel is only $14-16 at Christ, whereas at Tanners it’s $18-20. But it doesn’t stop there. When she mentioned that she was going to make applesauce with them, the good people at Christ told her about their “seconds.” Apparently, they divide their apples into those that look perfect — “firsts” — and those that are slightly imperfect — “seconds.” Basically, the “seconds” are fine for baking but not pretty enough for presentation. The best part: “seconds” are only $8 for a half-bushel. So for the price of a half-bushel at Tanners, my wife got a whole bushel at Christ!

I’m not anti-Tanners like Polly. It’s a great place, too, and I think their apple cider has more kick to it than Christ’s does. But that said, I like Christ’s better — it’s closer to home (important factor with gas prices as high as they are!), cheaper, more friendly, and their apples are just as good as Tanners. In fact, my wife commented that their bags of apples have larger apples in them than Tanners. That’s a big plus when you have to peel them all to make applesauce.

Well, we’re hooked. We’ll definitely be going back there in the future. I encourage you to check it out!

I think people need an education about the importance of railroads – even in the 21st century.

Fact: Several U. S. air carriers are in Chapter 11 yet ALL U. S. freight railroads are solvent.

Fact: The US is still the largest manufacturing nation in the world and big, heavy stuff needs to be shipped short, medium and long distances. Locally, grain processors like ADM, Aventine and MGP are HIGHLY dependent on local railroads for their existence. Keystone Steel & Wire, which recently emerged from Chapter 11 and has regained lost customers, is also highly dependent on local railroads for receving raw materials and shipment of product nationwide. Caterpillar tractors are big and heavy and all of these shipped to export markets go by rail to West, Gulf and East Coast ports.

Fact: Metro Peoria is served by TEN railroads. There are few other cities in this country with that status.

Fact: Peoria is competing with the likes of Rochelle, Illinois, which is quite proactive in developing rail-served industrial sites – even building new track to access these areas. The city owns the railroad and connects with two Class 1’s (BNSF and Union Pacific), thus allowing for rate competition.

Fact: Rochelle is served by its own shortline and two Class 1’s; while Peoria-Pekin’s Tazewell & Peoria RR connects with NINE others – BNSF, Canadian National, Central Illinois RR (for now) Illinois & Midland, Iowa Interstate, Keokuk Junction, Norfolk Southern, TP&W and Union Pacific. Peoria leaders seem to forget this, and towns like Rochelle attract major industrial developments, and the good-paying jobs that go with them.

Peoria is a bit small for commuter trains. Rail freight service is what matters.

DPJ