Subsidized parking as substitute for justice


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The Next City takes on gentrification–by proposing subsidized housing? Nope. Subsidized parking.

Over and over, I have had many frustrating conversations with people who don’t understand how egalitarian policies and land-use/transportation fit together, to the point that I’ve been working on a piece to parse apart the details. Just as I was on my fourth or fifth draft, a perfect example of people having all the right impulses in all the wrong places fell right into my lap like a ripe apple.

Exhibit A: Seattle advocates want to fix poverty by complaining about development and subsidizing parking. Face palm! According to The Next City, a Philadelphia-based urbanist blog, the proposal would:

1) Honor all requests for low-income restricted parking zone; 2) Charge no more than five dollars per year for low-income restricted parking permits; and 3) Allow restricted parking zone permits for registered nonprofits located within a restricted parking zone.

The Next City goes on to say:

On its face, Sen. Jayapal’s revision reads like a NIMBYish cry to protect her constituents’ parking as transit expands and density increases.

Ding ding ding! We have a winner! But then The Next City says:

In reality, it is part of a broader effort to protect some of Seattle’s most diverse and lowest-income communities from the high risks of displacement that rode into the neighborhood on light rail.

Um, no.

A tri-cornered hat

There are three basic progressive policy choices on any given issue, but the three do not always overlap. It’s important to understand the differences between them, because shooting from the hip without clarity sends you all over the map.

  1. Leave people alone. This is like the null hypothesis. There are lots of times when we should do something, but having a policy choice that says “do nothing” reminds us to think clearly about what we’re trying to accomplish, and whether we’re overstepping our bounds and creating a new problem out of whole cloth.
  2. Set a policy that equalizes people’s position. This is a huge one. There’s no end to the moral and practical reasons we should want to eliminate the unnatural wealth gap that exists in this country.
  3. Set a policy that incentivizes people’s behavior. Of course, fighting inequality relies on incentives, but the best poverty fighting does that and leaves everything else alone. So this category sums up policies that incentivize other things; examples include pay-as-you-throw trash collection, tolls and congestion pricing, and fines for not shoveling one’s sidewalk.

These three policy goals are not the same! Don’t tell me that pay-as-you-throw trash collection means that creating more trash costs more, and is therefore regressive. That would be the case if we fail to have option #2 in our policy array, because then very unequal people would be paying market prices without any counterbalance to ensure they stay within reach of one another. And for sure, our country doesn’t do very well with #2. But Fixing the lack of equality with #1 or #3 doesn’t work. It just creates a mess.

Let’s break it down

Leave it alone: Gentrification, which I will define here as the displacement of poor people from a neighborhood when wealthier people move in, mostly doesn’t exist. So at the outset, I bristle at the article because it misdiagnoses a positive thing as a problem.

A very wide-ranging study of 1,100 U.S. Census tracts from 1970 to the present shows that most high poverty census tracts stayed that way, that we actually gained some high poverty Census tracts, and that those Census tracts that did get new investment mostly maintained the same number of low income people, while simply gaining higher income people alongside them (that mix, the study found, actually ameliorated poverty, while in the most isolated Census tracts, poor people’s lives got worse). Although not concerned by gentrification per se, the study concluded that poverty remains a serious, wrenching problem that should actively confronted by government. Daniel Kay Hertz does a really great breakdown of the information in the context of Chicago, and This Old City has some great, specific data on housing prices in Philadelphia (the data pre-date the study). The point is, the model we have that says we have to jump in to stop gentrification is mostly wrong.

If your neighborhood is popular, that’s a good thing. But you should make sure there’s enough housing to allow everyone to enjoy that. And in a lot of cases that means leaving things alone.

Equalize people: The same study on gentrification that concluded that housing development should be allowed to happen, even encouraged, in gentrifying areas also concluded that deep, centralized, isolating poverty remains a problem in the U.S. It won’t be news to anyone here that poverty is, in fact, growing. So while under #1. we talked about how to leave something alone that’s not a problem, under #2 we should focus on how to change something that is a dire problem.

Some of the best programs that equalize people included the 1950s consensus to have an income tax system that decreased the income and wealth gap in the U.S. by creating an effective maximum wage, a proposed program for a guaranteed minimum income or its cousin the Earned Income Tax Credit. Other examples include the Estate Tax, which at the federal and state level has always been a way to equalize the inherited wealth gap. What’s perfect about these programs is they very squarely take on the problem of the rich getting richer and the poor getting poorer, but they stay hands off about exactly what it is that people do with the money beyond that. But that brings us to #3. . .

Incentivize behavior: In general, it’s good to let people have choices, but sometimes there is a society-wide reason for pushing people to make a particular decision. You would hope that one of the behaviors that cities would want to encourage would be driving less, and in fact, Seattle is a city that has made huge strides in that direction, moving from above 50% of urban core trips by single-occupant drivers to just around 30% in just a short time. But a program of subsidizing parking, though intended to accomplish the goals under #2, is actually a really bad conflation with #3. It incentivizes behavior: the wrong behavior.

These three categories fit together. You want to leave alone development–i.e., gentrification–and in fact, where housing prices have risen to the point of pushing low income residents out, it has been because zoning or other policies have gotten in the way of housing growth. You do want to take from the rich and give to the poor, but not in a way that interferes with that. And you absolutely want to push people away from cars, so your incentives shouldn’t nudge people towards them.

We get these three all mixed up. We don’t leave housing development alone. We put all sorts of constraints on it, from not allowing federally-backed lending for apartments, to zoning against density and for parking, to spending more than half of our road money on road expansion in order to encourage sprawl. We certainly don’t effectively deal with poverty. The top income tax rate used to be 90%, and the point of that was to create a disincentive against ridiculous executive salaries, simply and elegantly, and instead incentivize reinvestment into middle income jobs and capital improvements. And everything, everything we can think of goes into making driving easier. Alongside the pittance of money for walking, biking, and transit, we throw huge subsidies towards parking fees, new garages, wider roads, cheaper oil–and all of it, we say, is because we want to keep the American Dream alive.

The results are summed up pretty well by Angie Schmitt:

And, of course, any policy that mixes things up this way has the potential to help some poor people along with many middle class people, and leave some poor people completely out in the cold.

It’s so frustrating when you’re explaining to someone how to fix transportation or land use policy and that person responds by placing those goals at odds with equity. There couldn’t be anything further from the truth. If we could straighten out the differences between different policy options, we could have clearer conversations about the huge range of problems that face us.

~~~~

PARCC as a high stakes test will spell disaster


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dont test me bro

It is heartening to see a robust discussion on the imminent use of the PARCC test in Rhode Island’s public schools, but the state Department of Education seems to have made up its mind before the test has even gotten off the ground. It is already actively encouraging school districts to use the PARCC to penalize students as early as next year.

Before having any chance to meaningfully examine how this untried test is working, or to determine whether, like the NECAP, it will have a disproportionate and devastating impact on poor and minority children, English Language Learners and students with disabilities, Commissioner Deborah Gist has already advised school districts they may “use PARCC results as a component in determining students’ grades” beginning as early as the upcoming 2015-16 school year. The Commissioner, with the backing of the Council on Elementary and Secondary Education, has also encouraged school districts to consider using the PARCC as a high stakes graduation requirement for the Class of 2017.

In light of this push by RIDE, the biggest concern isn’t necessarily whether testing should be delayed for a year or even whether children should be able to opt out – it is whether the test results should be used punitively against students rather than as a supportive accountability tool to help them and their schools succeed. RIDE likes to claim its goal is the latter, but as we know from the NECAP debacle, it operates more like the former.

RIDE’s desire to punish kids by allowing the test to be used in this high stakes fashion so quickly is extremely troubling, especially since education officials know full well the importance of time in getting a new test like this off the ground. Last August, before changing course, the Commissioner gave good reasons why PARCC should be used as a high stakes test beginning in 2020, not 2017. As she noted then:

“We need to make sure that everyone has adequate time to prepare for the implementation.  That means students having adequate support and time, families and teachers and school and district leaders need adequate time to make the changes to their support and interventions for individual students.”

By instead giving school districts the option to use the test results against students a year from now, RIDE is actually doing everything it can to make sure students are not fully prepared. To make matters worse, the local implementation of such testing places pressures on students of particular school districts who embrace PARCC in this fashion, while protecting students who happen to live in more skeptical school districts.

We all want students to succeed, but this approach spells disaster and will inevitably lead to a repeat of the fiasco surrounding the NECAP. Opting out of the PARCC test means little if students face a reduction in grades or denial of a diploma in a few years for failing to take it. Nor is it fair if students who opt in find their grades lowered because of their scores on the test. Whether one agrees or disagrees that PARCC can be a useful support tool, parents and others concerned about punitive standardized testing should be demanding first and foremost that this test not be used for high stakes graduation or grading decisions in the way that RIDE is, sadly, so hastily determined to use it.

Don’t be fooled again…


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Gordon Fox frequently got weepy during the 2012 election campaign, too. Mostly when talking about how proud he was to represent Mt. Hope.
Gordon Fox frequently got weepy during the 2012 election campaign, too. Mostly when talking about how proud he was to represent Mt. Hope.

Gordon Fox is guilty, and I’m not surprised. I’m the guy who ran against the former Rhode Island speaker of the House in 2012. From the first days of our campaign, I pointed to the corruption that seems endemic in Rhode Island’s political structure.

At the time, nobody seemed to believe me. They denied it was happening. They made excuses. They said that it was just the way things are.

Many politicians who are still in office turned out to support Fox. They campaigned for him. They walked with him. They stood in front of the polls on Election Day and told voters to vote for him. They felt at the time that the status quo was better than advocating change.

The media were also complicit. During the campaign, I was faulted again and again for not being a serious politician. I was belittled for keeping my campaign grassroots and not raising a war chest. They dismissed the pay-to-play connections we drew between campaign contributions from the auto body industry and votes cast.

Our very own RI Future said that Fox was “by no means a dark force or a dirty politician. … On the contrary, he’s a good man trying to succeed in an often cutthroat business.”  RIPR’s Scott MacKay bluntly opined, “…anyone who believes that Binder can get nearly as much done for the capital city as Fox,  arguably the state’s most powerful politician, must believe that elephants can fly.” The pigs started flying when Fox resigned in March of 2013.

And nothing much has changed. Campaigns are still decided, by and large, by who raises the most money. Campaign contributions buy political influence in Rhode Island. Licenses are granted, tax breaks are given and issues are decided when you give contributions to the right politicians.

During the 2012 campaign, Gordon Fox lied. He lied to the press. He lied to the voters. Now he’s admitted his guilt.

He’s confessed to stealing more than $100,000 from his campaign fund, filing fraudulent tax returns, and taking a bribe for a liquor license. If you or I were charged with these offences, we would be facing decades in federal prison. Instead, he’s copped a plea in exchange for three years — one year per charge. It doesn’t seem sufficient.

In Rhode Island, voters have a bad habit of keeping people around who don’t deserve it. We brush away fault and blame, and shrug because “It’s the ways the system works.”

The system still doesn’t work for citizens and taxpayers. Since being anointed as speaker, Nicholas Mattiello has collected more than $100,000 in campaign contributions, even though he ran unopposed in the last election. Do those dollars really buy nothing?

When will this change? How will this change?

The General Assembly could police itself. It could eject members who accept campaign contributions that influence their votes. It could end the practice of late night back room deals. It could enact ethics and campaign finance reform.

We could create a smaller full-time legislature that pays members a living wage so they don’t have to be wealthy or take bribes to survive.

Will they? Probably not.

The next election is in 20 months. We need citizens to start running today for these jobs on the promise of these changes. It’s time to stop voting for the devil we know and instead look for people who are honest and true.

During a televised debate, Gordon Fox accused me of telling tall tales. I didn’t. He was the liar.

 Keep that in mind the next time you see an “amateur” taking on a pro.

– Mark Binder, Providence, March 2015

See Fox Lie…

Fox stole from the public and from special interests


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George Nee talks with House Speaker Gordon Fox. (Photo by Bob Plain)Former House Speaker Gordon Fox admits he took a bribe and used campaign cash for personal purposes.

In the first transgression, he stole from the citizens of Providence to get rich quick. In the other, he stole from State House special interests because he wasn’t. One of these is a political sin of the highest order. The other is not good, but not nearly as bad.

Selling your vote is among the worst crimes a public official can commit. Fox says he did this in 2008 as a member of the Providence Board of Licensing when he accepted $50,000 in exchange for supporting a liquor license application to a Federal Hill restaurant. In doing so, he stole from the his hometown the right to a fair hearing. He robbed Providence of democracy. Opponents of the liquor license application may well have reason to re-visit the issue, but they are by no means the only victims.

For $50,000, Gordon Fox crushed the notion that everyone has an equal chance in the Ocean State. He cemented the belief that Rhode Island is a pay-to-play state, undoubtedly the single biggest stumbling block to enticing people to live and do commerce here. Anytime a public official places a higher value on their own finances than on democracy society is the victim, and this is especially true with blatant bribery.

Conversely, when Fox spent $108,000 from his campaign accounts on personal expenses, he stole more from politics than from society. Elected officials should never lie, and we’ve got a lot of reasons to doubt Fox’s sincerity, but I’m not as mad at him for this one.

The reason any House speaker has $100,000 in a campaign account to abscond with is because special interests gave it to them hoping it will serve as a quid pro quo for political favor. The line between this legal activity and a bribe is blurry at best, and good government scholars disagree exactly where it falls. Only the explicit request for action separates campaign contributions from bribes. But both diminish democracy, and the idea that we all have an equal shot. Money corrodes democracy, as an illegal bribe and as a perfectly-legal campaign donation.

Other than for his personal use and his own reelection, Fox spent his campaign cash on lavish dinners for legislators, targeting political adversaries and helping political friends. Current Speaker Nick Mattiello does this too. This is why the General Assembly, here and in other states, as well as Congress, generally serve powerful special interests first and the average citizen second. Because the average citizen can only offer their vote and their support, and this commodity is entirely less fungible than cold hard cash on hand.

Don’t believe me? Consider the political insider take on Fox’s transgressions, according to RIPR blogger Scott MacKay: “…in Rhode Island political circles, the biggest rule he broke was the iron, if unofficial, Statehouse cliché: Don’t take a dime while you are serving in the General Assembly. Then cash in for as much as you can make later. By living above his means as a lawmaker (fancy house and late-model Audis in driveway), Fox ruined his chances of getting rich as a lobbyist when his tenure as speaker was over.”

Instead of becoming a wealthy lobbyist, I hope Gordon Fox is able to find redemption by becoming an advocate against the actions he took to build personal wealth and political power. He owes Rhode Island at least that much.

Working for tips in Rhode Island


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NYC-Diner-ToGo-Cheeseburger-DeluxeAt the State House hearing for the wage theft bill and for the bill to raise the minimum wage we heard a lot from members and leaders of the Rhode Island Hospitality Association. At the wage theft bill hearing the room was packed with restaurant owners pleading poverty and assuring legislators that their waitstaff are well cared for, and even loved.

Most of the restaurant owners were from the kind of high end, casual fine dining establishments where stories of well paid waitstaff might actually be something akin to the truth. But as Mike Araujo, of ROC United RI pointed out, “The average tipped worker does not make $20 an hour.”

“We are not all high end restaurants,” he said. “We are mostly Denny’s, we are mostly diner service. So to say that ‘my people do well’ or ‘I love my people’ might be true, but we have to love all the people who work in the industry.”

In Rhode Island, servers are supposed to make $2.89 an hour, plus tips. By law, if a server doesn’t make enough in tips to reach $9 an hour, the restaurant is supposed to make up the difference.

In general there are two kinds of restaurants; corporate chains like Denny’s or Chili’s, and owner operated diners and restaurants. The chain restaurants are governed in large part by strict rules and regulations that come from the top. These restaurants are national or multinational in nature and don’t often run afoul of local laws. They operate in California, where there is no tipped minimum wage, as well as in New England, where Rhode Island has the lowest tipped minimum wage. The tipped minimum wage is $7.25 in Connecticut and $3 in Massachusetts. New York just raised theirs to $7.50.

Non-chain restaurants have more leeway in paying their employees, because they can often pay under the table. There is no corporate chain of command tracking every cent that comes in and goes out of the store. This isn’t to say that all owner operators violate the law, but the practice is common enough that some servers I’ve spoken to have told me that they have never worked in a restaurant that didn’t pay some or all of its employees at least partly under the table.

I recently spoke to two servers at two different restaurants about the tipped minimum wage and their experiences working as servers in Rhode Island. One server works at a chain restaurant here in Providence, the other works at an owner operated restaurant in Warwick. Both spoke to me under the condition of anonymity, so as to not suffer any blowback at work. Some details of their stories have been obscured as well, to avoid identifying them accidentally.

Debbie is a single mom working at an owner operated restaurant. She has three kids. She’s worked for tips all her life. “This is how we survive,” she said. “We do all right. I’m pretty good at what I do most of the time.”

Chris is in her mid-fifties and has been working for tips as a server for over 30 years. She works for a well known corporate chain restaurant. “When I first started waitressing [the tipped minimum wage] was $1.50 or $1.59, so it’s gone up, but not for 20 years. It’s crazy.”

John's Diner by John Baeder
John’s Diner by John Baeder

The experiences of the women are similar, and they make about the same amount of money, but there are big differences between working at an owner operated restaurant and working for a corporate chain.

“We make all our money on tips,” says Debbie, “At the end of the week I get a paycheck, and it’s usually nothing, or a dollar, because of taxes. We get taxed on our tips and we get taxed on the $2.89.”

Chris has the same experience in her corporate store. “Some of my co-workers have a pile of $2 and $3 checks. Why bother cashing them? Or if they do, they cash them once a year for $80.”

Both work hard. “I work my ass off in here six days a week,” says Debbie, “I work like 45, 50 hours a week.” Chris works Monday through Friday. They both work the day shift.

I ask them about overtime.

“I probably shouldn’t say this,” says Debbie, “but the owner pays me for 40 hours and then I get the rest in cash. Time and a half has never happened. Every restaurant I’ve ever worked at that’s how it always was. You get paid for 40 hours and then everything else is overtime, not on a paycheck. Time and a half on $2.89 is meaningless anyway, because we’re talking about less than $4.50. It’s not like my tips are going to be time and a half.”

Chris sees this as a problem. “Corporate restaurants have to do the right thing,” she says, “But these [owner operated] restaurants, they can get away with not paying $2.89 or overtime.”

She said she knows someone who was injured and couldn’t collect disability because “so much of her work was off the books she didn’t qualify. I have friends that are working at some of these little places that aren’t making out. One girl got laid off and was told, ‘You can’t collect. You were working under the table.’ How are you suppose to deal with that?”

Working at an owner operated restaurant can bring other problems as well. “We don’t get time and half for holidays, we don’t get paid vacations,” says Debbie, “If I take a vacation I lose out. I pay for the vacation and I don’t get paid to work. My kids are like, ‘You don’t even get time off,’ and I’m like no, I don’t.

“You don’t get sick pay, you don’t get- I can’t even call in sick! There’s no one else to work. I open the store. Who’s going to answer the phone at 5 o’clock in the morning? If I’m sick, you’re not going to answer your phone, you know? You’re going to be sleeping.”

The recent snow has interfered with their pay as well. “It’s difficult sometimes, on a slow snow day, sure,” says Chris, “We didn’t get any customer tips until almost one in the afternoon and we’re thinking, ‘We’re not going to get anybody today.’”

So when it’s slow like that, does the restaurant make up the money as the law requires?

“They’re supposed to punch you in [with more money] when you make less than minimum,” says Chris, “but they average the week.”

Debbie agrees, telling me, “We don’t ever not make minimum wage, so the restaurant never has to make it up. On any given day we might not make any money, but the restaurant is allowed to average it out over the week.”

Debbie is worried about raising the tipped minimum wage. She worries that, “if they raise the minimum wage to $9 an hour people aren’t going to tip us, and if we made only $9 an hour we wouldn’t make what we would just living off tips. We make more than that in tips.”

Chris isn’t convinced. “People don’t know what we make. In the restaurant people are telling me, ‘I didn’t know you made this! I saw on the news they’re trying to raise your rates. I didn’t know you made only $2.89.’ If they already thought you were making more and they’re tipping you whatever they do, why would they lower it when you actually make that amount?”

Debbie has an ‘aha’ moment. “Yeah, you’re right. If you don’t know what I make, and you’re assuming that I’m making minimum wage when you tip me, then why would you not tip me?”

I point out that the minimum wage in Connecticut for tipped workers is $7.25, and nobody seems to be tipping less there.

“Really?” says Debbie, surprised, “I didn’t know they made more in Connecticut. Damn. It’s like right there.”

Chris isn’t surprised. She knows people who went to Connecticut to make more money. “A couple of girls who live on the line transferred to Connecticut, but I live too far,” she says. Transferring wasn’t hard, because the corporate restaurant chain has units in every state.

Both servers mentioned that working at a higher end restaurant in Providence might bring in more money. “I would have loved to have gone to Federal Hill,” says Chris, “but I don’t see myself, at my age, going there, working at some fancy restaurant.”

But both women also had heard stories that worried them.

“I had a friend who worked at a nice, upscale restaurant in Providence,” said Debbie, “and she worked Friday and Saturday night and made a lot of money, but for every good shift you got there you had to take a crappy shift on a Tuesday afternoon or something. On a Monday-Tuesday lunch, she might make $3. But she still had to pay to park, and she had to pay for her gas because she doesn’t live in Providence. So she’d drive to Providence, pay to park, drive home and leave negative basically.”

“One girl I know applied at a very nice place on Federal Hill as a cocktail waitress,” says Chris, “She didn’t take the job because they told her you don’t make a pay, you just work for tips and all of you pool your tips at the end of the night.”

So they don’t pay the cocktail waitresses anything?

Chris nodded. “She never took the job. I told her that’s not right. She was asked, ‘You want taxes taken out? You want to go through all of that?’

“I have friends who worked on Federal Hill. A lot of them get paid under the table. The [owners] should have to do the right thing, but that’s what they don’t want to do. Corporate restaurants have to pay you the right wages. They have so many restaurants, and they pay different amounts everywhere they’re set up, but you’d think the corporate restaurants would want these other restaurants to pay employees on the books so that they could compete better.”

So, I ask, are you two living the high life?

“I see people working to get $15 an hour at McDonald’s but we don’t make that,” Debbie says, shaking her head. “Every so often we may make that, but not all the time.”

“I don’t live the high life, God no,” says Chris.

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