Tea Partyer takes on limousine liberals in Aspen & Elites threaten jail

Michelle Obama: Do As I Say, Not as I Do Liberal, Chapter 3798


As we discussed on last Sunday’s edition of the Teri O’Brien Show, we discussed Michelle Obama’s latest glamorous getaway, this time to a luxury ski resort owned by Jim and Paula Crown, wealthy democratic donors, who just happen to come from Chicago. But, wait–there’s more:

The Crowns own the Aspen Skiing Company, known locally as The Skico, which has been involved in a labor dispute with Lee Mulcahy, a former ski instructor who was fired he says for criticizing the disparity between what the Skico pays its instructors ($69 a day) and the cost of a day long lesson ($625). Mulcahy, who took his complaint to the National Labor Relations Board, pointed out that he was merely asking for a living wage, something he argues the Crowns already support through their philanthropy to organizations that back a living wage. (Shia Kapos, “Aspen’s have-nots hurl challenge at Crowns,” Crain’s Chicago Business, January 24, 2011)

In May 2010, Mulcahy wrote a letter to a local newspaper questioning Skico’s corporate mentality of “the customer is always right, no matter when they are wrong” and gave the example of a private shuttle that wouldn’t offer a ride to skiers at public bus stops on a snow day because he was concerned his well-to-do customers would complain. Though Mulcahy stressed he was lucky to work for Skico repeatedly, he found himself fired. According to the Chicago Tribune, Mulcahy maintains it was in retaliation for voicing his opinion and for sending emails to fellow instructors about living wages and discussing unionization. He filed with the National Labor Relations Board. (Alejandra Cancino, “Speaking out in Aspen snowballs into lawsuit,” Chicago Tribune, December 12, 2010). Alas, Mulcahy ultimately lost his NRLB fight last June, but not before the NRLB required Skico to end its policy barring communication between instructors on personal email accounts about wages, benefits, work conditions and unions. (Scott Condon, “Aspen Skiing Co., Mulcahy end bitter feud–for now, The Aspen Times, July 1, 2011.)

Wait-does her husband’s NLRB, complete with its new “recess” appointments, appointed when the Senate was not in recess, know about this issue?

I’m sure if confronted about another act of blatant hypocrisy, Michelle would give the questioner one of her patented scowls, and take it as just another example of the racism inflicted on her by this racist country.

(H/T Big Government)

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ROFL:  More on weiners and lawsuits: Aspen Skiing faces another NLRB complaint...yet again: http://www.aspendailynews.com/section/home/155327

SkiCo faces another NLRB complaint
by Chad Abraham, Aspen Daily News Staff Writer
Saturday, October 27, 2012


A 20-year instructor with the Aspen Skiing Co. last month filed his second complaint with the National Labor Relations Board against the company in as many years.

James Cohen alleges that the company on Feb. 23 told employees that they did not receive their annual bonuses “because employees had filed charges with the NLRB in 2011.”

The filing also says that on March 12, SkiCo officials told staff that “they could not make any false statement in public about the company or they would face termination” and that “any communication about terms and conditions of employment that offended or upset other employees was grounds for discipline.”

But SkiCo’s attorney, Brian Mumaugh of Denver, said those accusations are inaccurate and called the complaint itself “much ado about nothing.”

Cohen, who teaches at Buttermilk, was disciplined for treating co-workers in a “threatening and disrespectful” manner that was inconsistent with SkiCo culture, Mumaugh said.

He said Cohen received coaching after having “less-than-pleasant” conversations with fellow employees.

“You have to treat people with dignity and respect,” Mumaugh said, adding that Cohen claims he was discussing organizing a labor union for instructors as a way of distracting from “his own misconduct.”

Cohen said Friday that labor discussions had nothing to do with his recent complaint, which was filed Sept. 10. He is a longtime “team leader” and member of a special committee known as a “pro council” that handles employee matters including wages and grievances.

He also said his supervisors only listened to the employees who complained about him.

“They talk about my tone but they’ve never tried to get my side of the story,” Cohen said. “They cite some instances where people’s feelings were hurt, but they never asked me my side. How is that fair?”

In 2011, Cohen filed two charges with the NLRB against the SkiCo, one of which alleged that ski school managers Georgie Brimner and Katie Ertl told him he was in a probationary “corrective coaching” status that restricted, under threat of termination, who he could speak to about terms and conditions of employment.

The case was settled, and the SkiCo sent to employees a NLRB notice, signed by Jim Laing, the company’s vice president of human resources, about the instructor. It said the company was rescinding the “terms of James Cohen’s corrective coaching program that restrict who [he] may speak to about wages, benefits, and other terms and conditions of employment, as contained within his April 12, 2010, correctional coaching document.”

As for the present case, Cohen called it an internal matter and was reluctant to speak about it.

But he said SkiCo is characterizing his conduct as if he “was yelling at someone, and it’s just not the case.”

Mumaugh said he is confident NLRB regional officials in Denver will resolve the matter in SkiCo’s favor.

Cohen’s complaint last month “kind of left us scratching our heads,” he said.


chad@aspendailynews.com
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Wow.  Does Skico ever learn?  This injustice follows the typical corporate smear pattern:  Marginalize the whistleblower, James Cohen, malign him in print unjustly [that's called libel and outrageous conduct] and then play dumb.  

Freud is not far off: It all goes back to the playground & Aspen is ....1 big junior high.

Boys will be boys and swagger is Jungian in nature, but it needs to be backed up by reality.

Warning: Lewd Texas language to follow. The girls in Ski School always used to gossip about how well James Cohen [the Aspen Ski Instructor who filed complaints against Skico including threats and coercion] was blessed by God in the manhood dept. In other words, James Cohen is hung like a horse. The CEO of Skico, not so much. Whereas I worked out The Snowmass Club Aspen for 10 years where I would occasionally see the CEO of Skico, who bless his heart, is a bully with a small tootsie roll. Best of luck to Mr. Cohen, an amazing skier.  Watch out Cohen:
===========================================================
When you think about it, most of [Aspen] City Council is pretty outspoken, so if we were in China the whole bunch would be in jail. I know that every columnist in town would be in jail, and Lee Mulcahy would probably be put to death for speaking out against the SkiCo.
-Sheldon Fingerman, Aspen Daily News Columnist, 02.07.11.
==========================================================
Meanwhile, in Aspen, I wake up to find "Kill Obama" spraypainted on my house.

My reply to the article in the Aspen Times:

Warning: Rant to follow but funny. It's been a tough week. No one likes to be called a hater or the subject of a death threat in comments in Chicago [Kill Mulcahy...] or an online poll in the LA Times: "Should a Colorado artist suspected of scrawling "Kill Obama" outside a home under construction face charges?" Huh? Why not just tar and feather me?

The Aspen Times is criticized by the Aspen Daily News as being a cheerleader [Go Skico!]; I agree. Whenever there's a new federal NLRB charge against Skico for coercion or threats from any of their 3500 peak employees, it ain't the Aspen Times that breaks the story. The  little paper---the Aspen Daily News----formerly censored by Skico & until recently Skico refused to advertise in---goes to bat for us little people.

 To paraphrase Glenn Greenwald speaking about the US media in yesterday's Guardian in London, the central function, the religion, of Aspen's establishment media is adulation of those who wield power, especially power personified by the owners of the company that own the company town, the Crowns. The Times often reports from its knees-because with some significant exceptions [i.e. Scott Condon]---that's the posture they assume in the presence of the Royal Court.

The Crown Royal family's philanthropy and good works are widely known. Not so widely discussed except in whispers at temple & church & community gatherings is their ownership of General Dynamics [GD], the world's 5th largest defense contractor. GD makes weapons & sells them to all sides.

I recently attended a conference at the St. Regis on how all of us Jews, Christians, and Muslims can get along better together---in our polarized world. One of the speakers suggested we call out war profiteers. OK.  I have.

One of the hardest things I had to do was forgive my neighbors, Paula and James Crown, for what Skico did to me. Freedom is asking their forgiveness for my art on an art website where Paula "follows" me. Google Lee Mulcahy Quora. Forgiveness and reconciliation require 2 people: Susan Crown and I have met since we attend the same temple that meets in the Aspen Chapel @ the Roundabout. Last Friday, we read mostly New Testament verses at Shabbat. The bottom line: Our town loses because of our fight.

The point of community is that we agree to disagree and still break bread. The Crowns & I live 4 blocks from each other & they host Michelle Obama when she skis here; Paula is on Obama's Presidential Arts Committee. Under Obama, is reality that much different than Bush? Endless wars and no regulation of Wall Street? Little people all over the world suffer because of our Military Industrial Complex that Pres. Eisenhower warned us about in his farewell speech. What's the name of that Dan Sheridan song that Skico banned from National Forest?

LOL:  I went to the Obama thing yesterday, Amy's Get Out the Vote Lunch @ Red Onion Saturday, with my date who is voting for Obama. We cancel each other out; and everyone was trying to convince me to vote for the President. Community: Even though I'm a tea partyer, there were many things we agree and disagree on but we all agreed on this: Little people, it's time for a 28th amendment to get the big $ out of politics.

Wait-it gets better.  Limousine liberals, the billionariosa Familia de Chicago obtain a restraining order on...art?  ROFL:

SkiCo obtains protection order against former instructor

by Chad Abraham, Aspen Daily News Staff Writer

A judge on Friday signed a temporary protection order for the Aspen Skiing Co. that prevents a former ski instructor from coming within 100 yards of company-owned property and the residences of its CEO and corporate owners.

The SkiCo sought the order after Lee Mulcahy of Aspen allegedly parked a trailer that held hand-painted signs, one of which says, “Dear CEOs Be Fair Remember the Alamo,” in front of the company’s headquarters at the Aspen Business Center.

The alleged sign placement on Wednesday is the latest in a long string of incidents that have included Mulcahy being fired in 2011 after he distributed fliers to guests in the SkiCo-owned Little Nell hotel and in gondola plaza criticizing the ski school’s pay policies. The SkiCo maintains he was dismissed for work-performance issues unrelated to the fliers.

The company banned Mulcahy from its property, including the ski areas it leases from the federal government, and he responded by suing the company and its owners, Paula and James Crown, contending the ban is overly broad and unconstitutional. He also sued SkiCo CEO Mike Kaplan for libel.


 Chris Council/Aspen Daily News
Lee Mulcahy’s artwork parked on South Monarch Street on a recent afternoon. He has been driving the trailer around town in recent weeks with various messages. After parking it in front of the Aspen Skiing Co. headquarters last week, it prompted the company to file a protection order against him.


Both lawsuits remain pending, and Mulcahy also still faces a misdemeanor trespassing charge for allegedly going onto SkiCo property at the ABC to tape court papers for the Crowns to the building. He has pleaded not guilty.

SkiCo attorney Dave Bellack filed, along with the protection order motion, affidavits from 10 employees who say that the Alamo sign has caused them to feel “harassed and ... great fear and anxiety” for their safety.

Bellack wrote that SkiCo employees fear that Mulcahy’s alleged actions will “escalate into acts of violence.” His motion notes that “the reference to the Alamo was a battle cry for revenge used by U.S. troops during the War with Mexico and the Spanish-American War.”

Mulcahy on Monday filed a 14-page response to the protection order motion, calling himself a “Bible-studying Eagle scout” who was an instructor for the SkiCo for more than 15 years. He describes at length the long battle with his former employer.

“The phrase ‘Remember the Alamo’ represents the struggle of little people against overwhelming odds,” Mulcahy wrote.

He doesn’t deny parking the trailer directly outside the company’s headquarters but says he “lives a block away and often stops at the bank and grocery store adjacent” to the SkiCo offices.

Judge Denise Lynch of Pitkin County District Court, who signed the temporary protection order, set a hearing for Wednesday to allow the sides to present their cases. chad@aspendailynews.com

http://www.aspendailynews.com/section/home/155737

Aspen Skiing Co. loses its latest battle with Mulcahy

 

Lee Mulcahy
Lee Mulcahy
ASPEN — Aspen Skiing Co. officials failed to convince a judge Wednesday that a former ski and snowboard instructor poses an imminent threat to the firm's employees.

Pitkin County Judge Erin Fernandez-Ely rejected Skico's request for a protection order that would have forbidden Lee Mulcahy from being 100 yards of company property as well as the residences of CEO Mike Kaplan and the Aspen homes belonging to members of the Crown family, the firm's owners.

But the judge implored Mulcahy to back off Skico because his artistic tactics have only inflamed tensions between him and his former employer. While acknowledging Mulcahy's right to expression, she also instructed him to stop being abrasive toward Skico with his artwork.

“Stop trying to put yourself in their face,” the judge told Mulcahy, who agreed to cease displaying artwork and messages that disparage Skico — at least in Skico's view.

Fernandez-Ely's ruling came after District Judge Denise Lynch, on Friday, signed a temporary restraining order on Skico's behalf. Skico claimed that Mulcahy's handwritten signs, supported upright on a trailer hitched to a pickup truck — one message said “Dear CEOs Be Fair Remember the Alamo” — constituted harassment. That's because Mulcahy had parked the trailer next to Skico's administrative offices at the Aspen Business Center as well as on Durant Avenue across from the Gondola Plaza.

Mulcahy didn't deny that the trailer was his and that he wrote the messages. But he said they were simply a product of his “white-trash trailer art” and that Skico should lighten up about the matter.

Skico, however, took a more businesslike approach at the hearing. Attorney David Bellack said as many as 10 Skico workers could testify that they felt threatened by Mulcahy's messages.

“Our employees see this from across the gondola and next to our (business center) office,” Bellack told the judge. He called Mulcahy's Alamo reference a “threatening message” that made Skico workers “feel uncomfortable and endangered at the workplace.”

“The message suggests acts of violence,” testified James Ward, Skico's director of purchasing, who works at the ABC headquarters. Mulcahy also lives in housing at the business center.

However, while cross-examining Ward, the attorney-less Mulcahy said that the message was merely symbolic of “little people against insurmountable odds.”

Another witness, Keith Ikeda, the company's head of security, said that Mulcahy's ongoing bouts with Skico are indicative of an “escalating pattern” in which the “ultimate outcome could be mass casualty.”

Ikeda, who worked 25 years in local law enforcement, most recently as Basalt's police chief, theorized that Mulcahy is “obsessed” with Skico.

“You feel like you've been wronged, and you keep trying to rectify this,” he told Mulcahy under cross-examination. “And that is your right. What concerns me is ... your idea of your war against Skico, like you are David against Goliath.”

Skico fired Mulcahy and banned him from company property in February 2011. The company said it was because he was not a good employee. Mulcahy claimed that it was because he criticized company practices and pay and talked to other instructors about forming a union.

In February, a deputy cited Mulcahy on suspicion of trespassing when he allegedly taped up a court notice at Skico's offices at the business center. The notice regarded a lawsuit that Mulcahy filed against Jim and Paula Crown, members of the family that owns Skico.

In a court appearance earlier this year, as well as during Wednesday's hearing, Mulcahy told the judge that Skico acted in a “retaliatory” manner and violated his constitutional rights by implementing the ban. The trespassing case comes up for further proceedings Dec. 11 in county court.

Meanwhile, Mulcahy delivered an emotionally charged closing argument Wednesday, making references to President Kennedy, the wars in Iraq and Afghanistan, the Crown family's holdings in defense contractor General Dynamics, corporate corruption, and a local church and temple, both of which he attends. He insisted that he does not have violent tendencies, but he is frustrated with Skico's efforts to mute his criticism of the company. All he wants, he told the judge, is to “sit down with the Crowns and say, ‘Let's move on and agree to disagree.'”

The Alamo message, he said, was taken out of context by Skico, he said.

“This is a wonderful town we call home, and I feeI I'm being massacred by Skico. … I gave them 15 years of my life,” he said.

He also said Skico's restraining-order bid was done to make his life more difficult.

“I live a block away from their headquarters, and right now I'm prevented from going to the bank or my neighborhood grocery store because it's 100 yards away from Darth Vader's helmet,” he said before the judge denied the protection-order request.

One of his supporters and friends, Shelly Gross, served as a character witness for Mulcahy, as did two other local residents.

“He's an artist,” she told the judge. “He's a little out there but as sweet as they come. I don't necessarily agree with (everything) he has done, but he has a heart of gold.”

Another Mulcahy friend, Brian Langford, called Mulcahy a “classic pacifist.”

Skico's Bellack, however, was not swayed by Mulcahy's testimony nor his friends'.

“I think Mr. Mulcahy's incoherent ranting is exactly what Mr. Ikeda referred to as a precursor to violent behavior,” he said while making his final lobby for a permanent protection order.

The judge disagreed but was emphatic to Mulcahy that he will never get the reconciliation he desires from Skico's brass or owners.

“What I want you to do is forgive and move on, and don't have that expectation of reconciliation,” she told Mulcahy. “Reconciliation is unrealistic, completely unrealistic.”

rcarroll@aspentimes.com
---------------------------------

SkiCo’s restraining order against former instructor Mulcahy dismissed by judge

by Chad Abraham, Aspen Daily News Staff Writer

An Aspen judge on Wednesday dismissed the temporary restraining order that the Aspen Skiing Co. obtained against a former ski instructor after he agreed to take down large signs he was towing around town with messages to the company.
 
The SkiCo obtained the order against Lee Mulcahy of Aspen on Friday after he parked a trailer in front of the company’s headquarters at the Aspen Business Center last week. The order prevented him from coming within 100 yards of company property and the residences of SkiCo executives.
 
One sign said, “Dear CEOs Be Fair Remember the Alamo,” and the SkiCo contended in its restraining order motion that the message sparked fear in employees.
 
In Wednesday’s hearing, SkiCo attorney Dave Bellack said that employees worry that Mulcahy’s actions may escalate into violence.
 
“Remember the Alamo” was a slogan that motivated U.S. soldiers to kill Mexican and Cuban troops out of revenge, Bellack told Judge Erin Fernandez-Ely of Pitkin County Court.
 
His motion for the restraining order included affidavits from 10 employees who said they feel in danger in the workplace after seeing Mulcahy’s signs.
 
Mulcahy has long been at odds with his former employer, which fired him in 2011 after he distributed fliers in the SkiCo-owned Little Nell hotel and in gondola plaza criticizing the ski school’s pay policies. SkiCo officials say he was fired for work-performance issues unrelated to the fliers.
 
The company banned Mulcahy from its property, including the ski areas it leases from the federal government, and he responded by suing the company and its owners, Paula and James Crown, contending the ban is overly broad and unconstitutional. He also sued SkiCo CEO Mike Kaplan for libel (both lawsuits are ongoing).
 
Bellack on Wednesday called James Ward, the company’s director of purchasing who works at the SkiCo’s ABC offices, to testify.
 
Ward said that, after seeing the sign outside the headquarters, he was “generally concerned” for his well-being and that of his co-workers.
 
Answering questions from Mulcahy, who represented himself, Ward said, “I don’t know you or what your motives are, but [the Alamo sign] creates a sense of uncertainty.”
 
Mulcahy apologized to Ward, telling him that his intent was not to make employees feel threatened.
 
Mulcahy, a self-described artist, said it was ridiculous that SkiCo was accusing him of harassing its staff.
 
“What is this really about?” he said. “They’re harassing me.”
 
He reiterated his apology several times, but said he used the Alamo slogan because it represents standing up for freedom against insurmountable odds. Mulcahy said he feels he is “battling Goliath.”
 
Bellack also called Keith Ikeda to testify. The longtime local law enforcement officer who was once the Basalt police chief is now SkiCo’s security director.
 
Ikeda said the signs on the trailer are indicative of harassing behavior and also indicate a potential “escalation of behavior” on Mulcahy’s part.
 
“You’re obsessed with SkiCo’s dealings, and you feel you’ve been wronged,” Ikeda told Mulcahy. “When it goes beyond that obsession and starts escalating, that’s when it gets into potentially violent situations.”
 
“Art can do that?” Mulcahy asked.
 
Ikeda said that while he’s not an art critic, “What concerns me is your idea of this war against the SkiCo. You’re the Alamo, SkiCo is the Mexican army; you’re Aaron Burr, and SkiCo is the federal government.”
 
“Do you think I was trying to massacre the SkiCo?” Mulcahy asked.
 
“I think you feel you’re the underdog,” Ikeda said. “The references are about killing and massacres.”
 
But Mulcahy said the signs also had messages about ending war and “peace, love and joy.”
 
He called three witnesses, friends of his and his family, who portrayed Mulcahy as a “classic pacifist.”
 
Mulcahy said, as an artist, he tries to create change and wants the SkiCo to laugh at itself as he laughs at himself. But he also called the Crown family that owns the company “war profiteers” who are trying to get a “restraining order on art.”
 
“They fired me, they smeared me, they banned me,” he said.
 
Fernandez-Ely, trying to reach a compromise, asked Mulcahy if he would take down the signs and stop “intentionally harassing” the company.
 
“Yes, ma’am,” he said. “Even though I disagree ... because it’s freedom of expression, SkiCo’s got me by the cojones.”
 
Bellack said the company would like the temporary restraining order extended to 120 days, if not made permanent.
 
“I think Mr. Mulcahy’s incoherent ranting is exactly the evidence that Mr. Ikeda describes as a precursor to violent behavior,” he said.
 
But Fernandez-Ely said one factor needed to extend or make permanent the order — that Mulcahy will continue such behavior — hadn’t been proven. She also said some of the signs were protected free speech.
 
Fernandez-Ely dismissed the restraining order, but warned Mulcahy that if he again references the Alamo or other violent incidents, she is likely to enforce the order.
 
“Stop trying to put yourself in their face,” Fernandez-Ely said.


chad@aspendailynews.com

 http://www.aspendailynews.com/section/home/155754

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Skico [i.e. the billionaire Crown family] loses round 2, but exacts revenge in round 3:   

Trespassing charge against Mulcahy dropped
ASPEN — A prosecutor on Tuesday threw out a charge against a former ski instructor accused of trespassing on Aspen Skiing Co. property.

Deputy District Attorney Richard Nedlin's decision not to pursue the misdemeanor offense means that Mulcahy won't go to a jury trial, which a judge had previously indicated would be set for February. Mulcahy pleaded not guilty in July.

“I didn't feel this case was worth the effort or the expense of this community,” Nedlin said.

In February, a Pitkin County sheriff's deputy cited Mulcahy for trespassing after he taped a court notice on the outside of a door to Aspen Skiing Co.'s corporate offices at the Aspen Business Center. Skico fired Mulcahy and banned him from company property in February 2011. 

Mulcahy, however, has maintained he was trying to deliver a revised court summons for a lawsuit he filed against Jim and Paula Crown, members of the family that owns Skico. The lawsuit was initially filed in Pitkin County District Court. It was refiled in Pitkin County Court. Once it was refiled, Mulcahy was obligated to inform the Crowns.

Nedlin said he believed the “facts that of which he was charged had merit. But to pursue a two-day trial for something that would maybe lead to a petty-offense conviction was not in the best interest of this community.”

“And taking this case to trial would perpetuate Lee Mulcahy's relevance, which he has wanted the whole time.”

Mulcahy was not available for immediate comment.

With the trespassing charge now gone, he has another lingering court issue.

He is scheduled to appear Wednesday in Pitkin County Court, where the Aspen Institute will try to convince Judge Erin Fernandez-Ely to enforce a protection order prohibiting Mulcahy from stepping on its grounds. The protection order stems from a message Mulcahy posted on Facebook concerning the institute.

Last month, Fernandez-Ely declined Skico's request for a protection order that would have forbidden Mulcahy from being within 100 yards of company property as well as the residences of CEO Mike Kaplan and the Aspen homes belonging to members of the Crown family.

Skico said that some company employees felt threatened and harassed by some of Mulcahy's handwritten signs, with such messages as “Dear CEOs Be Fair Remember the Alamo.”

Fernandez-Ely rejected the restraining order because she said that Mulcahy has a right to free speech, and his messages did not pose an imminent threat to the firm's employees. However, as part of the agreement, she instructed Mulcahy not to be abrasive toward Skico with what he has referred to as “artwork.”

rcarroll@aspentimes.com 
http://www.aspentimes.com/article/20121212/NEWS/121219964
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Aspen Institute seeks Mulcahy restraining order, citing Facebook

by Chad Abraham, Aspen Daily News Staff Writer

Official: Message on organization’s social media site contained threat

The Aspen Institute on Monday filed for a temporary restraining order against a local man who left a message concerning “guns and violence” on its Facebook page, according to an organization official.

The court motion against Lee Mulcahy was filed in conjunction with the Aspen Music Festival and School, which shares the West End campus, said Amy Margerum, an executive vice president at The Aspen Institute.

“There was a specific threat with guns on our property,” she said Tuesday. “We have to take it seriously.”

Margerum said the post has since been removed and declined to discuss what it specifically said.

Mulcahy said that his post was a paraphrase of a John F. Kennedy speech in which the president said, “Those who make peaceful revolution impossible will make violent revolution inevitable.” He said he was also paraphrasing French novelist Balzac and a biblical psalm of David.

“I didn’t mean literally that I was bringing guns to someone’s door,” he said in an interview.

“The irony is that if I use words like shoot-out or Wild West it’s all a metaphor,” Mulcahy said in a voicemail left earlier Tuesday.


Mulcahy said he is currently taking part in a seminar series at the institute called “From Athens to Aspen: Perrenial Themes that Shape our World,” which meets monthly.

Mulcahy, an Aspen resident, has a long-running row with the Aspen Skiing Co., which last week saw a judge dismiss the company’s motion for a restraining order against him in a separate matter.

Mulcahy, a self-described artist, over the past several months has said his various artwork and signs with messages to the SkiCo are being unfairly criminalized by the company.

The SkiCo fired Mulcahy in 2011 from his job as a ski instructor. He contends it was retaliation for discussions he had about instructor unionization and for filing a complaint with the National Labor Relations Board. SkiCo officials have said his dismissal was because of work-performance issues. Mulcahy has two ongoing lawsuits against SkiCo brass.

On Nov. 21, the SkiCo said he parked a trailer that held hand-painted signs, one of which read, “Dear CEOs Be Fair Remember the Alamo,” in front of the company’s headquarters at the Airport Business Center.

SkiCo’s attorney obtained a temporary restraining order, telling a judge that multiple employees felt “great fear and anxiety” that Mulcahy’s actions will escalate into acts of violence.

But an Aspen judge on Nov. 28 dismissed the restraining order after Mulcahy agreed to take down the signs he was towing around town.

After the Facebook post, The Aspen Institute also notified Aspen Country Day officials. The private school is leasing an institute building and has set up modular classrooms on the campus for a year while its Castle Creek Road facilities are remodeled.

“They took into consideration that we’re on the campus in their decision to file” for the restraining order, said Carolyn Hines, the school’s director of communications.

In an email Tuesday evening, Mulcahy wrote he perhaps should have stressed more the “metaphor” aspect of his post.

“Everyone knows I’m funny and non-violent,” he said. “I don’t even own a gun.”

A court hearing is scheduled for Dec. 12 for the new restraining order.

chad@aspendailynews.com

http://www.aspendailynews.com/section/home/155835

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Trespassing charge dismissed against SkiCo foe Mulcahy

by Carolyn Sackariason, Aspen Daily News Staff Writer

Prosecutor says trial would be a waste of time

An Aspen prosecutor on Tuesday dismissed a trespassing charge levied against Lee Mulcahy, who earlier this year allegedly went onto Aspen Skiing Co. property to serve court papers for his lawsuit against the company.

During a status conference, Deputy District Attorney Richard Nedlin told the court that prosecuting Mulcahy, a former SkiCo ski instructor, would be not be in the public’s interest. 

Mulcahy rejected a plea deal from Nedlin and pleaded not guilty to the petty offense in July, and the case was headed for a two-day trial. The plea deal involved a deferred sentence, meaning Mulcahy could have avoided a jail sentence if he accepted it and stayed out of further trouble.

Nedlin said going to trial would have given the outspoken critic of the company even more fuel in his war with SkiCo.

“I didn’t think this case was worth the time, money and energy of this community,” Nedlin said after the court proceeding. “I didn’t want to perpetuate the relevance of Lee Mulcahy, which is what he wants and desires. ... This trial would have given him his pulpit.”

Mulcahy was unavailable for comment Tuesday evening.

Mulcahy was fired in 2011 after he questioned salaries for beginning ski teachers and distributed flyers on gondola plaza and underneath doors in The Little Nell hotel criticizing the company. 

Mulcahy says his firing was retaliation, while SkiCo maintains it was based on poor work performance.

The company also banned Mulcahy from its property, including the ski areas built on land it leases from the federal government.

Earlier this year, Mulcahy filed a lawsuit in Pitkin County District Court against the company and its owners, Paula and James Crown, contending the ban is overly broad and unconstitutional. 

He also sued SkiCo CEO Mike Kaplan for libel, arguing Kaplan’s statements about his job performance were untrue.

Both lawsuits remain pending.

The trespassing charge came on March 29 when SkiCo attorney Dave Bellack called police to file a criminal complaint against Mulcahy, who allegedly walked on to SkiCo headquarters property at the Aspen Airport Business Center in an attempt to serve the Crowns with the lawsuit summons.

He allegedly taped the court papers to a door after he couldn’t get an employee to take the summons, which included a cover letter to the Crowns that opened, “To the fabulous fascists ...,” according to a police report.

Bellack declined to comment on the dismissal of the trespassing charge.

And while the criminal aspect related to his fight with SkiCo is over, Mulcahy will be back in the Pitkin County Courthouse today to deal with his latest public display of defiance.

The Aspen Institute last week filed for a temporary restraining order against Mulcahy who left a message concerning “guns and violence” on its Facebook page, according to an organization official.

The post has since been removed and details about what it specifically said are unclear.

And late last month, a judge dismissed the SkiCo’s motion for a restraining order against him in a separate matter.

On Nov. 21, SkiCo officials said he parked a trailer that held hand-painted signs, one of which read, “Dear CEOs Be Fair Remember the Alamo,” in front of the company’s ABC headquarters.

District Judge Denise Lynch on Nov. 23 granted SkiCo a temporary restraining order, which prevented him from being within 100 yards of company property, as well as the residences of Kaplan and the homes of the Crown family.

Bellack wrote in the motion that multiple employees felt “great fear and anxiety” that Mulcahy’s actions will escalate into acts of violence.

But Pitkin County Judge Erin Fernandez-Ely on Nov. 28 dismissed the restraining order after Mulcahy agreed to take down the signs he was towing around town.

A court hearing is scheduled today in front of Fernandez-Ely concerning the restraining order filed by the institute.

Mulcahy told the Daily News last week that his post was a paraphrase of a John F. Kennedy speech in which the president said, “Those who make peaceful revolution impossible will make violent revolution inevitable.” He said he also was paraphrasing French novelist Balzac and a biblical psalm of David.

“I didn’t mean literally that I was bringing guns to someone’s door,” he said in an interview last week.

“The irony is that if I use words like shoot-out or Wild West it’s all a metaphor,” Mulcahy said in a follow-up voicemail.

Mulcahy said he is currently taking part in a seminar series at The Institute called “From Athens to Aspen: Perennial Themes that Shape our World,” which meets monthly.

sack@aspendailynews.com

http://www.aspendailynews.com/section/home/155918

--------------------------------------

Poor losers:

http://www.aspentimes.com/article/20121213/NEWS/121219954

Aspen Institute gets restraining order against Lee Mulcahy
School, festival officials contend that Facebook posting was a threat
Lee Mulcahy
Lee Mulcahy
ASPEN — Pitkin County Judge Erin Fernandez-Ely on Wednesday agreed to the Aspen Institute's request for a permanent restraining order against local political activist Lee Mulcahy, a decision that prevents him from having any presence on the West End campus and bars him from contact with its employees.

In addition, Mulcahy — who has a lengthy history of lashing out against former employer Aspen Skiing Co. and other organizations and individuals whom he considers elitist — cannot submit postings to the institute's social-media sites or come within 100 yards of the organization's grounds. 

During a three-hour hearing, witnesses for the Aspen Institute, including staff of Aspen Country Day School and the Aspen Music Festival and School, both of which are on the campus temporarily, testified that they were frightened after a Mulcahy posting on the institute's Facebook page in late November.

Writing in the name of the Occupy Aspen and tea party movements, Mulcahy asked why an open letter to Walter Isaacson, the institute's president and CEO, was removed from the site.

“Why do bans serve as a substitute for rational discourse in Aspen?” he wrote. “Where's the democracy? Hey, elites, you've divided us enough.”

But the judge and other witnesses appeared to take the most issue with the second half of his missive, which they deemed a threat.

“Be fair to us little people, or you're gonna have pitchforks and guns at your doors,” Mulcahy added. “Yes, some of us white trash as Occupy Aspen believe in the NRA too.”

During closing remarks, Mulcahy, who represented himself at the hearing, agreed that his posting contained poor word choices and apologized. He said the references to pitchforks and guns were metaphors and said that he's never been a violent person.

Mulcahy pleaded with Fernandez-Ely not to impose the permanent restraint, saying, “If they don't want me to go there, I won't go there.” He also said he would stop the Facebook postings.

Fernandez-Ely said the apology seemed disingenuous. She said that without a restraining order, Mulcahy was likely to persist with rants that have escalated to the point of harassment.

“It seems that you are the bully in this case,” the judge said after Mulcahy noted that the institute brought in a high-priced trio of lawyers from Aspen, Denver and Washington, D.C., to argue for the order.

“I think that you are a martyr,” Fernandez-Ely later added. “Martyrs have a wonderful place in history, but by definition, they don't care what happens to them.”

The penalty for violating the restraining order, Fernandez-Ely said, is a fine of as much as $5,000 or 18 months in jail.

During the hearing, there was a lot of witness testimony on both sides.

Alan Fletcher, president and CEO of the music festival, said Mulcahy attended a recent social event and made many people uncomfortable, provoking guests and staff alike. 

“I believe there is satire, and then there is reckless behavior,” Fletcher said.

Lee Schumacher, president of the Aspen Country Day School board of trustees, said the school has nearly 200 students between the ages of 2 and 14 and that Mulcahy's remarks about guns should be taken seriously.

“I think in this day and age, we're way past hearing anybody talking about bringing guns to the door, and the NRA, at a campus where children are involved,” Schumacher said.

During testimony, it was pointed out that the message “Kill Obama” was spray-painted in October on the side of Mulcahy's house, which is under construction in the Burlingame Ranch area. Mulcahy, who was questioned by Aspen police and the U.S. Secret Service about the graffiti, claims that it was an act of vandalism in which he had no part.

Though he's an artist and kept many cans of spray paint inside his house, anyone could have gone into his house and taken the cans while he was away, Mulcahy said.

“I assure you, I found the statement ‘Kill Obama' reprehensible, and I had nothing to do with it,” he said.

Mulcahy also called witnesses, primarily friends and acquaintances who testified on behalf of his nonviolent character. However, many of them admitted that they have warned him about taking his causes too far and crossing the line.

Shawn Cox said she met Mulcahy in church and described him as “friendly and genuine.” She said he exhibited leadership during a difficult church mission to Kenya, where they built wells and houses for destitute villagers. 

Cox called Mulcahy “excited but substantial” and said she would not say he's violent.

Wednesday's hearing was the latest in a string of court appearances involving Mulcahy. A prosecutor on Tuesday threw out a charge against the former ski instructor accused of trespassing on Aspen Skiing Co. property. Skico fired Mulcahy and banned him from company property in February 2011 after he attempted to unionize employees.

Last month, Fernandez-Ely declined Skico's request for a protection order that would have forbidden Mulcahy from being within 100 yards of company property as well as the residences of CEO Mike Kaplan and the Aspen homes belonging to members of the Crown family, Skico's owners.

asalvail@aspentimes.com 
------------------------------------------------
Op-ed piece:  Aspen Daily News:

The silence is deafening

by Johnny Boyd, Aspen Daily News Columnist
The sale of the Snowmass Lodge and Club to the Toll Brothers creates more questions than answers in Snowmass. The lack of developable land would disqualify this venture from the definition of an extreme money-maker. The only true benefit that I can see is that it gives maverick artist Lee Mulcahy one more place he can visit without fear of arrest. Money can’t buy the lack of headlines.
 
Lee Mulcahy’s ongoing drama is exposing Aspen for what it is — a town with an amazing lack of balls. The idea that Aspen could sit back complacently and allow one person to be persecuted by the most powerful interests in town is reprehensible. Aspen used to rebel against the company town image, now it defines it.
 
The silence from the community appears to condone the loss of rights by one of its members. Does this mean the loss of rights by anyone the company deems unfit is acceptable? The SkiCo has attempted this crap before with Dan Dunn and the chick formerly known as The Princess. In both of those instances it had the power to pull the offender’s ski pass and fire them. What’s next?
 
Nothing justifies a total ban from public lands of any taxpaying American. SkiCo can keep Mulcahy from riding its lifts, but hiking on national forest land? I’d love to see the lease that says a taxpayer can’t use his own land because the corporation that leases it says so. If such a lease exists, as a taxpayer I want that clause removed the next time America renews it. It appears that the Forest Service is as ball-less in the face of billionaires as the company town.
 
Perhaps Mulcahy has used the wrong rhetoric to describe his fight against the SkiCo. On his Facebook page he urged everyone to attend his recent hearing by likening it to the “gunfight at the OK Corral.” Anyone who read the report on that court appearance would never compare it to the infamous Tombstone shoot out. 
 
It was SkiCo executives who engaged in histrionics about how scared they are of Lee Mulcahy. It was Mulcahy making impassioned speeches to tolerate his protest in the name of free speech and protecting his rights. It was a judge showing amazing common sense in shooting down (sorry SkiCo, hope that didn’t scare you) the restraining order the SkiCo was seeking. Mulcahy’s fight with the SkiCo was nothing like the battle between the Clantons and the Earps, although “Earp” might describe the noise SkiCo executives squeaked when Mulcahy showed up with his Alamo trailer.
 
Mulcahy may well become an Aspen legend. He is suing a billionaire for a dollar. Do I need to repeat that? He is suing a billionaire for a dollar! That’s the best punch line to the stupidest joke I’ve ever heard and the billionaire is taking it seriously and sending out an armada of high-priced attorneys to fight him. The entertainment value from this lawsuit alone will keep this column stoked with subject matter for years.
 
In a civilized society the ability to criticize our masters is the last bastion of freedom. It’s obvious that the SkiCo’s intent is to silence any dissent in its ranks and the community by culling one poor sap from the herd and destroying his rights completely. The complete silence by the other lambs headed for slaughter is deafening. Even if you think Mulcahy is an ass, you should stand up for his right to be one without being stripped of basic freedoms. 
 
I have to give Lee Mulcahy credit. He has protested for his rights instead of slinking away after the corporation exiled him. The restraining order against him at the Aspen Institute proves that he isn’t about to stop. He has fought valiantly against overwhelming odds with little backing from anyone except a few friends. The lack of support for such a brave individual illustrates how few brave individuals there are. When they come for you, don’t whine because you didn’t speak out.
 
Don’t be part of the herd. Speak up. The SkiCo can’t be allowed to single out citizens for punishment. It’s petty. It’s cowardly. It’s unconstitutional. It’s embarrassing. It’s going to make a great movie after I’m done writing the screenplay. Working title: “Aspen: The Quiet Fears.”
 
Grow a pair, Aspen.

 
Email Johnny at snomasokist@msn.com.

10 questions with Lee Mulcahy
Lee Mulcahy
Lee Mulcahy
Lee Mulcahy used to be a ski pro with Aspen Skiing Co., a job he truly loved. But his outspoken attitude – he has led the charge about novice instructor pay – coupled with a high-season leafleting of guests at the Little Nell Hotel, contributed to his dismissal from Skico. Mulcahy has also been banned from both Skico's mountains and their lodging properties.

This week, Mulcahy spoke with Sun Editor Madeleine Osberger about labor issues, what motivated him to wage this battle and what's next.

Snowmass Sun: Labor issues seem to be exploding all over the globe, most recently in Wisconsin. Why do you think the issue is coming to a head right here, right now?

Lee Mulcahy: Greed is the root. Why now? Economic hardship. There is a gap between the haves and the have-nots; and it's getting wider. Richard Stearns, President of World Vision U.S., points out that 1,125 billionaires hold more wealth than over 50 percent of the world's population [of about 3.4 billion people].

It is as simple as what we had to learn in kindergarten: We all have to share. Everyone, even the Crowns. Now is a time to narrow that chasm.

I love what Jeannie Perry of Carbondale said: “Sooner or later, the ticking time bomb that is this fat cat thievery they call ‘economic downturn' will blow. Then this nepotism, and the equivalent of nepotism with friends, will cease and desist. At least for a little while until unchecked greed and complacency meet up once again for a romantic weekend getaway.”

SS: Do you believe this is the “little guy” 's time or are you fighting a battle that may not ever be won, especially if you can't get the other ski pros to back you?

LM: In general, something has to give. Robert F Kennedy Jr. in January stated: “The erosion of American democracy has forced people who care about our country, and who care about civic health, into this box of civil disobedience and local action. Last year, the Supreme Court overruled a hundred years of ironclad American precedent with the Citizens United case, and got rid of a law that was passed by Teddy Roosevelt in 1907 that saved democracy from the huge concentrations of wealth …created during the Gilded Age. For the first time since the Gilded Age, we're seeing those kind of economic concentrations return to our country.” 

(Sun columnist) Johnny Boyd identified the solution to our broken system: get rid of the legalized bribery. We must change the American political system by outlawing private donations to political campaigns so that once again our politicians are beholden to the people. Just last week, in The New York Times: “The levers of real power have been all but completely commandeered by the financial and corporate elite. It does not really matter what ordinary people want. The wealthy call the tune, and the politicians dance. So what we get in this democracy of ours are astounding and increasing tax breaks for the wealthiest, while bought-and-paid for politicians hack away at essential public services and the social safety net, saying we cannot afford them. When the game is rigged in your favor, you win.” 

In regards to our town, the community must continue to encourage Jim and Paula Crown to be more fair. If the Crowns refuse to be fair, then we pass a living wage ordinance in Aspen and Snowmass.

Seriously, who lets their company defend a $69 payment to an employee for a full day's work on a product they charge $625 as a living wage? And for that matter, why would the Crowns allow Skico to defend $9.25/hour to employees as a living wage? Do the Crowns not believe in putting into practice what their philanthropy endorses? Do they care about taking a tax deduction from the American people? Do they care about their legacy?

It does not make sense to so many. Is the love of money that great? Or is it arrogance? Or both? Regardless, it seems so oddly out of place with the history of Aspen.

SS: Have you received much private support from members of the ski patrollers union?

LM: I discovered that I have friends I did not know in both patrol and the school. I am honored by their support.

SS: What is the status of your appeal to Gov. Hickenlooper with regard to your personnel file? How about the National Labor Relations Board hearing that was originally set for Feb. 24?

LM: Unknown. There is no hearing on Feb. 24. It's Skico's last chance, they've been busy stalling and rescheduling for ages. Certain individuals been “unavailable” since November. Jeff Hanle stated that “the company has been cooperating fully.” OK, but why did the Feds have to issue subpoenas against Skico just to meet?

SS: You've always struck me as someone who had a pretty good gig going –plenty of work , an established clientele and the ability to travel during the off-season. Why did you decide to fight this fight in the first place?

LM: I loved my job –I had the opportunity to travel and teach clients in Europe, Dubai, Canada, Alaska and my favorite, Jackson Hole. It was like a paid vacation…the dream job. For the last decade, I have gone yearly to Park City with a letter from the Ski School of Aspen for weeks on end with clients. I know Park City mountain, the Canyons, and Deer Valley as well as Aspen Mountain.

Why risk that? Freedom of expression. Specifically, protected freedom of expression. I'm an artist –that's the holy grail. 

After I wrote a letter to the editor in May, Skico, in sending e-mails designed to shut me up, broke federal labor law. And they did it again in August, after I mentioned the “U” word (union), they came after me with a tomahawk missile, General Dynamics latest version. Kidding! 

If the Feds rule that Skico violated labor law, its employees may feel that as in Madison, as in Tunisia, as in Egypt: the fear will be broken. The lion-hearted Egyptians risked their lives to stand up for democracy and for personal liberties – we owe it to our ancestors….the shot heard round the world…to do the same and stand up for our protected rights as Americans.

SS: Do you believe, as Johnny Boyd has long maintained, that Skico sets the bar for wages in this valley? What do you believe is a livable wage (either hourly or salary) for the upper Roaring Fork Valley?

LM: Yes. The living wage movement has been recognized as the most significant grass roots movement since Civil Rights. All over America, religious and labor leaders are joining hands and petitioning for changes in the law. 

It's simply raising the minimum wage to a livable figure. The Crowns may not appreciate that since it affects their bottom line but everyone that contributes to the product of Aspen and Snowmass should have time to enjoy it and it requires only one job. Not two or three!

SS: Have you lost personal friends as a result of your fight with the Skico? Have you gained new allies?

LM: I have lost friends and I understand. Skico's assault on employees' protected rights is ruthless. What happens when someone speaks out? We're only getting a peek at their blatant disregard for federal labor law. They rule by fear, but not over everyone. Julie Ross resigned from the executive offices last year because she felt morally and ethically compromised working for Skico, all at a time when her husband was unemployed. I am just honored to even know her. 

SS: The Skico has banned you from gaining access to “their” mountains. If that ruling holds, would you consider moving from the area as a result?

LM: Last week, the Aspen Daily News claimed if we were in China, all the newspaper columnists who spoke out against Skico would be in jail and I would have been put to death. So I guess I should consider myself lucky - I was only fired, banned from public lands, and smeared. The funniest part for me was the fact that (Skico President Mike) Kaplan mentioned freedom of speech/speaking over 10 times in his letter. I am still fascinated by the “Arrested if I walk up National Forest Land” part. 

I'll let the Feds rule first before I waltz up there with my snowboard; but the artistic writings of COBRA and the Situationists do stress trespassing and crossing into the territory of others. 

SS: How much has this fight cost you in terms of time, lost revenue and lawyers' fees?

LM: Strange as it may seem, I've learned so much: what is meaningful, what is of value. As my dad told me: “Life brings you thunderstorms. It's up to you to dance in the rain.” In this consumer society, we often try to derive meaning by acquisition. And who hasn't? 

But I've had to go back to my foundations, my roots, my upbringing for solace. I realize that I won the lottery of life a long time ago to be blessed by loving, caring parents who led storybook lives…devoted to helping others less fortunate. 

SS: If you had this battle to do over, is there anything you would have done differently?

LM: No.
Attachments:

ROFL:   E-mail exchange with the Aspen Institute's 3 primary lawyers:  2 Denver and 1 Aspen attorney --not counting their DC staff [ 7 Crown lawyers present at hearing:]  

Lee Mulcahy
4 messages

Lee Mulcahy <leemulcahyphd@gmail.com> Mon, Feb 18, 2013 at 8:54 AM
To: johnson@wcrlegal.com, campbell@wcrlegal.com
Cc: waas@wcrlegal.com
Dear cadre of attorneys,
Not sure who wants to take this on but I'm interested in going to the Feb 19th Live from the Met which is Verdi being presented by the Aspen Music Festival at the Wheeler.   It's a story of passionate revenge, my favorite.  Is joking allowed with the Crowns' 7 lawyers?  
Seriously, can you check with Institute?  I's tomorrow.   Thanks,

Lee

J. Bart Johnson <johnson@wcrlegal.com> Tue, Feb 19, 2013 at 2:28 PM
To: Lee Mulcahy <leemulcahyphd@gmail.com>
Cc: Darrell Waas <waas@wcrlegal.com>, Patricia Campbell <campbell@wcrlegal.com>

Lee,

 

We can’t give you legal advice on whether your plans are consistent with the terms of the order entered against you.  If you are not sure if your attendance at the Wheeler event is permitted, you need to consult with your own legal counsel.

 

--Bart

 



Lee Mulcahy <leemulcahyphd@gmail.com> Tue, Feb 19, 2013 at 2:44 PM
To: "J. Bart Johnson" <johnson@wcrlegal.com>
Cc: andrew.streeb@judicial.state.co.us
Bart,
I'm copying the court for full transparency.  
It's hard to believe that Aspen has become this.  I'm not asking for legal advice.   I was asking if your client would approve, [i.e. be OK]  or call the police.  If I contacted them directly, I might be subject to 18 months jail time.  Let's try this again.   Any idea?
Thanks,
Lee

Lee,

 

We don’t intend to get in the habit of trying to interpret the meaning of the Protective Order for you every time you have a question about it.  But, that said, as we read the Protective Order, it’s our position that your attendance at a Music Festival event at the Wheeler would put you in violation of the Order.  Only the Court can amend the Order or make exceptions to it.

 

--Bart

______________________________________________________

Bart,

Thanks for getting back.   3 questions:
1.  Is the Doerr Hosier Center part of the Institute's holdings?  If not, can you ask your client if they object to me attending Rotary there?
2.  In the past, I have joined the Meadows health club in the summer on a monthly basis.  Is this OK?
3.  Can I eat at Plato's?  i.e.  Is the Aspen Meadows hotel/rest/health club owned by the Institute?  
Thanks, Lee
--------------------------------------------------------
Lee,
All the facilities you list below are owned by the Aspen Institute, are part of the Meadows Campus and are covered by the Protective Order the Court entered against you.
Bart
__________________________________________________________

I submitted this to the Judge when I discovered she had taken the appeal on the Aspen Institute/Music Festival/Country Day Restraining Order:  The billionaire Crowns imposed the "ban immediately following Plaintiff's distribution of flyers.  It has not and cannot provide any plausible legal basis for its actions.  It is exactly this kind of megalomaniacal retaliatory behavior which the US Constituion, the Colorado Constitution, and the National Labor Relations Act protect against.   

Oftentimes, the Plaintiff becomes a Defendant in the American judicial system.  Such is the case here.  The owners and CEO of the Aspen Skiing Company are intimately involved in all three entities that successfully obtained a restraining order against [Mulcahy]..., including those on the "protected" list.

Judge Nichols' husband was an employee of the billionaire Crowns' Aspen Skiing for over three decades; in fact, he was the Manager of the Ski School of Aspen at Buttermilk.  Moreover, Ms. Nichols and her husband have members of their extended family under the employ of the Crowns  Therefore, Defendant Mulcahy respectfully requests Judge Nichols to recuse herself.

ROFL:  Aspen Institute's legal response:  "The Defendant claims that Judge Nichols should recuse herself.  According to Defendant, Judge Nichols' husband "worked for, the Crowns, the billionaire owners of the Aspen Skiing Company, for over two decades.... Defendant's sole objection to Judge Nichols hearing this appeal is an alleged  employment relationship between Judge Nichols' family members and the Crown family.  Although Defendant has repeatedly tried to suggest the Aspen Skiing Company and the Crowns are somehow part of this lawsuit, they are not.   Accordingly, based on the Plaintiffs' knowledge and belief,  there is no know conflict warranting recusal.  Dated:  February 28, 2013   Patricia Cambell [Denver],  Darrell G.  Waas [Denver], J. Bart Johnson [Aspen].  No DC attorneys are listed.   Oh, the chuckles they give us here!  Good luck, Big $.

Judge Nichols wrote a 3 page brief on why she recused herself.  

Better days with Katie Fry, Coach of the National Team and Director of the Ski School of Aspen, and a good friend.   Katie Ertl [now married] lives near my parents on the Frying Pan River in Basalt, gold medal fishing.   I'm returning to Texas for six months after the $1.00 trial in August.    If anyone wants to rent my parents house short term or longer, please contact budmulcahy@sbcglobal.net  817 795 3799

Located on Ruedi Resevoir---beautiful lake view out the other window.   4 bedrooms/5 baths ---great for entertaining and light is amazing for painting.

A vile display at the Red Brick arts center
Dear Editor:

We just spent again a very delightful time in Aspen. However, I was totally taken aback by a painting (?) in the current exhibition at the Red Brick Center for the Arts, depicting our current president with a sizable penis sticking out and some political statements on the bottom of the painting.

What did the trustees think of when they approved this piece to be hung (pun intended)? The entrance to the building has a warning about “sensitive adult content.” Hooray for political correctness gone astray. I consider the painting simply obscene.

It is a discredit to the office of the president and an insult to the president and the general public and Aspen's otherwise attractive and active art scene.

Peter Schumann

Key Biscayne, Fla. 
--------------------------------

From local folk hero Johnny Boyd:  [A story that somehow disappeared from the Aspen Daily News' online search engine??????]

CLASS WAR IN ASPEN?


by Johnny Boyd, Aspen Daily News Columnist
Monday, July 30, 2012

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Email this Story
Mitt Romney’s recent fundraising efforts in Aspen have garnered little notice in the media, and the national reporters are missing the boat on this one. The story isn’t whether the wealthy can raise funds to buy a president — we all know they will no matter who gets elected — it’s the reasoning behind the decision to switch from the candidate they bought and paid for last election to this new greaseball.

Billionaire heiress Susan Crown has jumped ship from Chicago’s favorite son to the pandering millionaire. A recent Chicago Magazine article illustrates her reasons for the change of heart and political affiliations. She’s angry that the president hasn’t “rebooted” the economy because he’s the most “anti-business president we’ve ever had.”

But the straw that broke the camel’s back was Obama’s completely mainstream, though debatable, view that Israel should return to the borders it held before the Six-Day War in 1967. While it’s refreshing to know that the president is still able to offer an independent thought, it’s a shame he wasted it on this particular issue. It’s a no-win topic, no matter what stance he takes.

Penny Pritzker, Chicago heiress to the Hyatt hotel billions and an Aspen homeowner, was the subject of a recent New York Times story on her hesitancy to fundraise for President Obama. During the 2008 election cycle, Ms. Pritzker was chairwoman of Obama’s finance committee. It seems that she has lost the passion to raise money after pro-labor activists targeted her for the Hyatt’s anti-labor stance.

The state of Massachusetts actually boycotted the Hyatt for firing 100 housekeepers and replacing them with cheaper temp-service employees. It was, as they say, a big deal, especially for a woman busily raising money for a leader prone to rhetoric espousing the protection of the little guy. Walking the walk is always difficult when the choice is saving labor costs or continuing to talk.

What is interesting about these stories is the lack of responsibility for the state of America’s economy that these two highly educated and powerful women are willing to claim. Believing that Obama’s policies have been anti-business ignores the reality of America today. We live under a government completely beholden to business interests and the money they use to influence policy. In other words, billionaire heiresses control the government and are directly responsible for its policies.

In the past, the men creating fortunes recognized the worth of their employees. Susan Crown’s grandfather, Col. Henry Crown, employed profit sharing for his workers. He recognized their value and repaid them generously for their loyalty. Henry Ford famously paid his employees enough to purchase his cars, ensuring a healthy market and making his fortune in the process. These days it’s not certain that employees are even considered human beings as much as assets.

Members of the Crown family sit on the boards of several major corporations and are therefore responsible for the loss of thousands of American jobs. The Maytag Corp.’s outsourcing of the Galesburg, Ill., plant is legendary and caused the Illinois Legislature to pass laws governing the subsidies provided to large corporations. As recently as 2009, Sara Lee Corp. outsourced its accountants and bookkeepers to the Philippines. The Crowns’ wholly owned Aspen Skiing Co. is well known for importing foreign students to avoid paying a wage that people can live on in Aspen. If anything needs to be “rebooted,” it’s the thinking that lent support to these American job losses and disrespect for the plight of the worker.

Penny Pritzker was upset that the unions targeted her as the culprit in the Boston housekeeper layoffs. “I feel a personal connection with the employees at the hotel company,” Ms. Pritzker said in the interview. “The union attacks — it hurts. I don’t like it. It should be an issue between Hyatt and the unions, not become something personal to me.”

This personal connection to the plight of the $15-per-hour worker should be more than rhetoric. The Boston housekeepers had mortgages and credit cards and were contributing to the economy every day. With one phone call Ms. Pritzker could’ve saved those jobs. With one memo she could’ve changed Hyatt’s business plan of cutting costs on the backs of housekeepers. The buck has to stop somewhere.

Without a middle class to purchase their goods, the wealthy have forsaken a strong economy, a fruitful workforce and the nation that gave their forebears the ability to make billions for them to inherit. American workers have been sacrificed simply for the uncreative, short-term gains of cutting labor costs. The loss of these middle class blue-collar jobs has made us all, especially the billionaires, poorer.

President Obama isn’t “the most anti-business president we’ve ever had.” The policies of business are anti-business. Short-term corporate thinking is making its own bed, but it wants the government to lie in it.

The story that no one in the national media is reporting is that the billionaires are abdicating responsibility for the actions of the companies and the country they control. The scary part is that they actually believe the government they have paid so much to influence is responsible. Until they admit to their excesses, the country has no hope and will never change.

Email: snomasokist@msn.com

Actually Obama's penis is small in comparison to our spandex bike short wearing Mayor Mick:

who is wearing his GO GD [General Dynamics] shirt.  Mick is criticized for being a shill for the company that owns the company town for his refusal to support a living wage despite being a "man of the people" and allowing the art museum to shove their monstrosity down the community's throat.  See his pants.  The painting of the President mentions HR347, NDAA, war crimes, drones, and shredding our Constitution.  For more on this google, Glenn Greenwald Guardian, Rand Paul filibuster, or see sad comments on how Obama perpetrates violence with drones here:  http://www.guardian.co.uk/commentisfree/2013/mar/30/obama-family-se...

From the Aspen Daily Planet, April 1, 2013: 

Aspen Associates Realty Group to collectively join Mayor's race:  

In a surprising twist last night, the 5 partners of Aspen Associates Realty Group threw their collective hats into the Mayoral ring....

"Ya know the real estate game is great, but to have the opportunity to wear my bike shorts to work every day was too tempting," said Scott Davidson.

"Let's just say, locals are grossly aware that our current mayor swings to the FAR left. [See the Mayor in the painting above---look closely at the bike shorts].  Aspen Associates Realty Group has much more of a complex package to run a good race.

Mayor "Dick Scotland" has been quoted as saying "A mindless monkey could run this town. All you need is attire that shows your curves and a damn good bike." We should note that all the partners at Aspen Associates are in agreement that a mindless monkey could run this town, but they also realize that you need more than an impressive bike and a slightly sweaty smell.

We asked Chris Flynn what he would do first if he were elected. "I would put a gate at the Maroon Creek Bridge and charge everyone $5 for entering Aspen. Then I would take the money and buy everyone in town bike shorts. Then we would see who's boss."

Ryan Elston agreed with Chris. "It's no secret that when you see someone in bike shorts you take a quick look downstairs. Everyone does it. Just a quick little peek, that's all you need. Then you know instantly what kind of dude you're dealing with."

Sure, the skiing is great, but in the summer world leaders come to Aspen to sack-up and learn to express themselves in shorts, like our Mayor...the Mickle-toe. Bill Clinton? Loves it. Michelle Obama. Scared of it. Sarah Palin said this last time she was in town. "We were eating at Cache Cache and someone was like "look it's the mayor of Aspen." He got up and started walking towards us and at first I wanted to shoot it, but then I was hypnotized by it. I immediately made Todd start wearing bike shorts everywhere. Even in Alaska. Where it snows."

Note to non-locals:  Our Mayor's name is Mick Ireland.  The ADN changed it  to Dick Scotland

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LIGHTER SIDE

 

Political Cartoons by Tom StiglichPolitical Cartoons by AF Branco

Political Cartoons by AF Branco

ALERT ALERT

Joe Biden On Violence Against Women:   We Have To Keep ‘Punching At It, And Punching At It, And Punching At It’

 The audience laughed as he said this.

Former Vice President Joe Biden said that America needs to be “punching” back to combat violence against women during Wednesday’s Democratic debate.

Biden was asked if he would tackle specific issues regarding the #MeToo movement at the beginning of his presidency, if he were to be elected. The former vice president previously sponsored the 1994 Violence Against Women Act (VAWA), which aimed to protect victims of domestic violence.

The presidential candidate responded to the question about assaulting women by using the phrase “punching” repeatedly, apparently not thinking about the implications of using such a word.

“No man has a right to raise a hand to a woman in anger other than in self-defense, and that rarely ever occurs,” Biden said. “So we have to just change the culture, period, and keep punching at it and punching at it and punching at it. No, I really mean it.”

A few people laughed in the audience as he said this.

Biden added that it is important to pass the Violence Against Women Act, which has passed in the House and held up in the Senate. The former Vice President also suggested that America has to “fundamentally change the culture” of how women are treated, noting that it is “everyone’s responsibility.”

“It’s a gigantic issue, and we have to make it clear from the top, from the president on down that we will not tolerate it,” Biden said. “We will not tolerate this culture.”

Tucker's big takeaways from the Trump impeachment saga

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