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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The original Untitled ("Meet the Art Police) at the vacant lot, site of the future museum.  It was painted as a result of the loving concern shown to our community when this sign went up.  The cameras went in after 40+ year local Richie Cohen's pranks and various letters to the editor.

Mulcahy motion argues that he should keep home



Expand Photo Lee Mulcahy

Lee Mulcahy


Lee Mulcahy is asking a judge to reconsider a court order forcing the activist to sell his deed-restricted home.

The outspoken Aspen resident filed a motion last week contending that Pitkin County District Court Judge Chris Seldin’s ruling was erroneous for a number of reasons. The motion seeks to have Seldin vacate his June 3 order and issue a summary judgment in Mulcahy’s favor.

Mulcahy’s motion argues that he has met the Aspen-Pitkin County Housing Authority’s requirements that he work 1,500 hours a year in the county to qualify for ownership of his Burlingame Ranch home.

Mulcahy bought a vacant lot, located at 0053 Forge Road, in October 2006. Serving as general contractor, Mulcahy spent the past five years building the single-family residence. He obtained a certificate of occupancy March 1.

But his living situation became clouded by a lawsuit filed by the housing authority in December. The suit, which came after the authority asked Mulcahy in July 2015 to prove his eligibility, successfully sought a court judgment ordering him to sell the home.

Mulcahy’s motion, however, contends he has worked full time as an artist and at other jobs. Additionally, he wasn’t in Aspen to address the housing authority’s concerns because he was doing aid work in Africa both this year and last. A Texas church pastor’s letter, which explains the necessity of Mulcahy’s work in Africa, is an exhibit to his motion.

Seldin’s order noted Mulcahy was in Africa while he could have addressed the housing authority’s proof of eligibility requests last year as well as the ensuing litigation.

“Mulcahy evidently decided to travel to Africa where it was not possible to reach him,” Seldin’s order said. “Mulcahy cannot lay the consequences of this choice at (the housing authority’s) door.”

Mulcahy’s motion says that in addition to being an artist, he currently drives a cab and is a substitute teacher.

“Again, throughout the pleadings, what Mr. Mulcahy has admitted is that having worked the same two part-time jobs for nearly six years, in addition to creating, marketing and exhibiting art, he had no idea that his part-time jobs did not qualify for compliance with the employment requirement until informed by (the housing authority) in the summer of 2015,” the motion says.

Mulcahy once had a full-time job as a ski instructor with Aspen Skiing Co., which fired him Feb. 1, 2011. Skico said it was for performance issues; Mulcahy said it was because he was outspoken about low pay.

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

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APCHA wants homeowner to pay $63,254 during appeal

by Chad Abraham, Aspen Daily News Staff Writer

Mulcahy takes his case to appellate court

An Aspen man who is appealing a judge’s order that he must sell his home should put up a bond of $63,254 if he’s allowed to live there during the appellate process, the Aspen-Pitkin County Housing Authority contends.

Lee Mulcahy is taking the case for why he should retain ownership of his Burlingame home that he built himself to the Colorado Court of Appeals.

Mulcahy wants a judge to stay the order that he list his home for sale, meaning he would be able to stay in the residence, until the appellate decision, something APCHA opposes.

“In his motion for stay, defendant Mulcahy does not even address the jurisdictional issue that is the basis for the judgment in this action, much less any reason to believe that there is any basis for the Court of Appeals to reverse the judgment of the trial court on this issue,” wrote APCHA attorney Thomas Smith.

If Judge Chris Seldin of the 9th Judicial District does grant the stay, Mulcahy should have to put up the $63,254 bond, APCHA’s motion says. That amount includes attorney fees and what the housing authority believes it could get in monthly rent for the three-bedroom, 3.5-bath home until the appellate decision.

“A stay of the judgment in this action prolongs the defendant’s improper use and possession of the property during the pendency of the appeal,” Smith wrote. “This is similar to an appeal by a tenant in a landlord-tenant action which deprives the landlord of possession.”

APCHA won its case at the district court level last week when Judge Seldin denied Mulcahy’s motion to reconsider his earlier ruling in favor of the housing authority.

In that June ruling, the judge found that Mulcahy failed to properly appeal APCHA’s ruling that he had violated guidelines governing his deed-restricted residence. The violations included that he had not worked the requisite 1,500 hours required of Pitkin County residents who live in affordable housing and that he had failed to timely provide APCHA with information regarding compliance it requested.


 Jordan Curet/Aspen Daily News
The Aspen-Pitkin County Housing Authority, which is trying to force Lee Mulcahy to sell his home, wants him to put up a $63,254 bond if he’s allowed to live in it as the case goes to the Colorado Court of Appeals.



On Aug. 9, Judge Seldin awarded APCHA $15,419 in attorney fees. APCHA’s motion says state law calls for the bond amount to be 125 percent of the total amount of the judgment, or $19,274. APCHA also has the right to recover damages based on the home’s rental value, Smith wrote.

Mulcahy’s 1,912-square-foot home, valued by the county assessor’s office at nearly $800,000, falls within APCHA’s resident-occupied category, the most expensive. The maximum monthly rent for RO housing is $2,932.

“This amount needs to be multiplied by an estimate of the number of months from now to the decision of the Court of Appeals,” Smith wrote. “We believe that a reasonable estimate would be 12 to 18 months. At the low end, this would result in an amount of $35,184.”

APCHA believes it is entitled to 125 percent of that amount, or $43,980, for the total of $63,254. Judge Seldin has not yet ruled on the stay nor whether Mulcahy must put up the bond.

Mulcahy, representing himself, writes in his notice of appeal filed Friday that he has been employed as a property manager, substitute teacher, taxi driver and artist.

He wrote that APCHA ordered him to sell his home that he and his family spent years working on for $180,420, despite the assessor’s valuation.

Cindy Christensen, APCHA’s deputy director, said Wednesday that that isn’t accurate. The $180,420 figure likely stems from the appreciated value of the lot itself, since Mulcahy never submitted any construction documentation showing the work and final state of the home, she said.

Mulcahy’s grounds for appeal are that Judge Seldin “misapprehended controlling case law on several issues” and numerous admissions, arguments and positions he holds; “misapprehended and applied standards and cases addressing arbitration in lieu of standards and cases addressing administrative proceedings”; and that the judge evidenced clear errors in his factual findings.

“With all due respect, the order is clearly in error and is manifestly unjust,” Mulcahy wrote.

chad@aspendailynews.com

After giving Josh Earnest a hard time about his "nonsense answers" to my questions about whistle-blower Edward Snowden, we shook hands at the Aspen Institute in the spirit of  #community.  As I've always said, we gotta agree to disagree and still shake hands.

https://www.facebook.com/Stop-the-ban-Protect-our-freedom-of-speech...


 With Republican Congressman Scott Tipton having breakfast in the "outlaw house"

Mulcahy motion argues that he should keep home

Mulcahy motion argues that he should keep home

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Photo:  Lee Mulcahy, Robyn Cassel, Momma Sandy Mulcahy

Letter: Aspen Housing Authority bullies homeowner

It is with dismay and disbelief that the Aspen-Pitkin County Housing Authority continues to bully Burlingame homeowner Lee Mulcahy in an attempted forced sale of his home by refusing to review his records of employment compliance. In a request to District Court Judge Chris Seldin, the housing authority, hiding behind clever lawyers while manipulating administrative agency rules in its claim of missed deadlines to respond to its letters, quickly moves for summary judgment against Lee (representing himself) without trial or even a hearing.

The housing authority continues to ignore the fact that Lee was at his father's bedside and subsequent funeral in Texas when the agency inquiries were sent regarding his employment compliance. After his father's death, Lee went to Kenya to take his dad's place in a charitable community cause. The housing authority admits they knew Lee's father had died and that he was out of the country when a final notice was sent and a deadline due.

After returning to Aspen, Lee's efforts to show compliance with his work as an artist and other employment fell on deaf ears. Aspen-Pitkin County Housing Authority, bent on pursuing deadline technicalities, refused to review Lee's documented compliance.

The housing authority's heartless move came, coincidentally, within weeks of Lee finally obtaining his certificate of occupancy (March 1) after years of him physically constructing his own home and jumping through ridiculous hoops of agency demands. The authority now pursues what appears to be an opportunity to snap up a gorgeous home built upon a family's blood, sweat and tears.

It is outrageous to think how easily an administrative agency in Aspen can take advantage of the system in an attempt to force a contributing member of the Aspen community out of his home. Lee's deep commitment and civic involvement to the Aspen community is unsurpassed. My family and friends have known Lee for more than 20 years and can attest to his impeccable character, integrity, loyalty, and deep sense of community and charitable involvement.

Shame on the Aspen-Pitkin County Housing Authority for resorting to such overreaching and heavy handedness.

It is hoped that through public awareness and appeal, other community members will speak up against this punitive treatment and support Lee's efforts to show the authority that he is in compliance. That is all he is asking.

Robyn Cassel

Miami and Aspen

Comments from article: 

Jay Maytin · 
He who represents himself has a fool for a client
Like · Reply · 1 · Apr 20, 2016 5:31am · Edited
Lee Mulcahy · 
To your point, it's difficult for those of us in employee housing to afford expensive attorneys. Not all of us are lucky enough to be married to a beautiful, brilliant lawyer! Who knew that a "final agency action" is paramount to a legal judgment from a court? APCHA terms itself a quasi-judicial intergovernmental agency.
Like · Reply · 4 · 11 hrs · Edited
Sven Erik Alstrom · 
Mr. Mulcahy should ask the court to DENY the summary judgement request, clear & convincing evidence is needed from the Housing Authority, and both sides need to present evidence to the court (judge). Mulcahy's ownership began in 2006 before his Ski Company activism. My understanding is that he would have earned plenty of occupancy hours while being a local ski instructor, local ski labor law activist, and building the home. Mr. Mulcahy should also counterclaim against the housing authority for consequential damages and hire a good attorney to make an effective counterclaiim against the Housing Authority and their attorney if that attorney has breached the American Bar Association rules of conduct.
Unlike · Reply · 2 · Apr 20, 2016 8:07am · Edited
Glenn Beaton · 
Hmm, maybe this system where the government is everyone's landlord isn't such a hot idea.
Like · Reply · 4 · Apr 20, 2016 4:44pm
Sven Erik Alstrom · 
Summary Judgement should be denied since the defendant has not had an opportunity to present his own evidence to the court for review. 2006 - 2016 is the time frame. Has Mulcahy paid property taxes during that period which is also evidence of responsibility. Has Mulcahy only recently obtained an occupancy permit in 2016? WOW that sets a whole different time frame to the questions.
Lee Mulcahy · 
Sven, what APCHA is doing is flat out wrong.

I have paid property taxes from 2006 onwards. When I purchased the property, it was a vacant lot----a lot that at least 13 people turned down -including all of the neighbors. I was happy and elated.

The only thing that has changed in 9 years (beside that I was fired from Skico in late Jan 2011---which APCHA claims they didn't know about) was that I have finished my house. 

I've been doing the same thing since I got fired from Skico. Everyone knows I'm an artist---I've exhibited in Beijing and Germany including at Berlin's KW Institute of Contemporary Art. It never occured to me that I was not in compliance regarding employment until APCHA started an investigation. 

Amongst other things, APCHA is claiming I failed to meet residency and occupancy requirements. APCHA is attempting to enforce their deed restriction of "residing on the Property or Unit for fewer than nine (9) months per calendar year without the express-written approval of the APCHA...." (page 7 of deed restrictions.)

This is a "Catch 22." How can I occupy my house without a certificate of occupancy? And who can in 3 (three) months build from the ground up and occupy their house in a calendar year? In fact, all the neighbors were in violation at one time due to the way the deed restrictions were written. 

Affordable housing residents should beware: If APCHA wants you out, they will find a way to get you out.

I invite the community to please support me in my effort to not have Aspen's housing authority take my home away from me. I also invite who anyone who wants to discuss these issues, please visit me at my home at 53 Forge, phone 429 8797 and leemulcahyphd@gmail.com
Unlike · Reply · 2 · Apr 21, 2016 11:51am · Edited
Sven Erik Alstrom · 
Mulcahy has a legitimate 'expectancy interest' in fair treatment after owning the property for so long and paying taxes.
Robyn Cassel · 
The occupancy certificate was finally and very reluctantly issued to Lee on March 1, 2016 after a year of jumping through agency hoops (ex. having to remove a washer/dryer because it was too big). It was during this resistance to give him his certificate that the Housing Authority, pulling all stops, began sending notices of alleged compliance violations to Lee. Isn't this interesting?

 

Great article here: 10 Questions with Lee Mulcahy http://www.aspentimes.com/news/10-questions-with-lee-mulcahy/

Michael Galvis
Good luck !
Chad Klinger ·
I don't know enough to judge, but he doesn't sound like an affordable housing "cheat" to me. Give him a break.
Sven Erik Alstrom · 
It seems simply that Lee needs mostly to prove that he meets the employment criteria since the Housing Authority lawsuit was filed. Since he did not get a certificate of occupancy until March 2016 there should be some consideration that he was still working on completion or final touches and revisions to the home until March 2016. Therefore it seems that the earlier Notice by the Housing Authority was 'pre-emptive' since the house was not yet a completed structure - how could it have been sold?. The Housing Authority it would seem needs to widely publish its 'job requirement' since many peope ...See More
Unlike · Reply · 1 · Jun 21, 2016 6:50am · Edited
Sam Rondeau · 
only in Aspen!
Sven Erik Alstrom · 
agree Sam. and so the public agency charged with providing 'affordable housing' including resident occupied housing as a matter of public policy requires exactly 1500 hours of a 2080 hour (40 hour workweek) year in order to keep your residency in Aspen? What then is the 'average' part-time job in the local community? If Lee was a bartender or staff at The Elks Club would the result be different? What happens if the example is a financial adviser or 'day trader' or other financial sector 'job'? Does Lee get to accrue any 'job credit time' credit toward management of his own finacial investments? Surely it cannot be true that 72% of full time is required even during the time period of the the worst financial crisis since 1929? Were not local Realtors having a hard time from 9/11 until April of 2004? Were not others having a hard time from at least 2008 until recently?
Unlike · Reply · 2 · Jun 21, 2016 7:11am · Edited
Wendy Sue
Keep up your fight Lee !!! I admire your determination. After all you've been through, this "David & Goliath" story keeps getting better. I can't help but wonder, who it was in the Housing Authority, that knows someone at Ski Co...? Perhaps they had a meal one night and there were some strong words and they came up with a plan to railroad you out of town.... Aspen is Mayberry, with money....and money talks in that town. So, who was paid off here ? The Crown's pockets run deep. If I've learned anything from my years in that valley - it's WHO you know, not WHAT you know, that will grow your success or cause your failure. Best wishes in your endeavors, but I wouldn't want to walk a mile in your shoes.
Sven Erik Alstrom · 
Agree. seems like there must be others in the Housing Authority programs that work less than 72% of full time as well? oh well let's not get into equitable enforcement issues. The Crowns would have NO influence whatsoever...:)
Unlike · Reply · 1 · Jun 24, 2016 5:51pm
Wendy Sue
Sven Erik Alstrom - I know for a FACT that there are homeowners who aren't working the required hours in Pitkin County. The woman I sold my place to at Lazy Glen, actually moved out of state & rented the place for YEARS. I'd call that "not meeting the requirements".....and I'm certain there are many others who ignore the rules. That's a society norm - it's OK as long as you don't get caught. If the Housing Authority is coming down on Lee Mulhahey - I see it as a "witch hunt". Keep up the squeaky wheel, Lee !
Unlike · Reply · 2 · Jun 29, 2016 12:12pm · Edited
Sven Erik Alstrom · 
I know of someone as well. and I know of other skeletons in the Housing Authority closet -- though now 'departed' owners.
Unlike · Reply · 1 · Jul 16, 2016 11:09am

http://www.aspentimes.com/news/mulcahy-motion-argues-that-he-should...

Home theft by government

With CEO of the Aspen Music Festival Alan Fletcher 
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Lee Mulcahy hopes to channel Hunter S Thompson

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Lee Mulcahy confirmed Tuesday that he is running for Aspen mayor, despite a note left with his campaign paperwork Monday saying he'd only enter the contest if the incumbent Mayor Steve Skadron was running unopposed.

Monday was the deadline for candidates to submit paperwork to make the May 2 ballot in the municipal elections. Two seats held by incumbents Art Daily and Ann Mullins are in play, and the mayor is up for re-election to his third and final two-year term.

Mulcahy, who was out of town Monday, had fellow artist Sue Tatem file his campaign documents with the City Clerk's Office.

The paperwork included a notice about Mulcahy's conditional bid and included another one from Tatem saying she would only run for City Council if Mulcahy bid for mayor.

After Tatem introduced their paperwork to the city, Cale Mitchell notified the Clerk's Office he too would be running for mayor.

But even with Mitchell in the mayoral mix, Mulcahy cleared up the confusion Tuesday saying both he and Tatem are running.

In a telephone interview, Mulcahy said he is seeking the mayor's seat because "I love this community and care about this community."

He also emailed The Aspen Times with a summary of his campaign platform, which rehashes his ongoing gripes with Aspen authority and the injustices faced by working men and women.

"Everyone knows I'm the Wild West poster for the dangers of crony capitalism and big government," he wrote. "In the spirit of liberty represented by Hunter S. Thompson, my platform is threefold: 1. Value community over corporate resort: Throw the corrupt machine represented by the incumbent mayor and council out. 2. The city is out of control: The Taj Majal City Hall presently planned is much larger than Aspen Art Museum. 3. Inequality: Introduce legislation to raise Aspen's minimum wage on giant corporations and chains to $15.00/hr."

WOULD-BE MAYOR FIGHTS ASPEN SKIING IN COURT

ASPEN, Colo. — Former ski instructor Lee Mulcahy, who is campaigning to be mayor of Aspen, has a reputation in the town of being a pebble in a shoe or, as he prefers, a David trying to get the better of Goliath.

Goliath, in his eyes, is the Aspen Skiing Co., which has declared him persona non grata in company offices or any of the four ski areas it operates since he was fired as an instructor seven years ago. Company representatives said he was dismissed because of substandard work. He asserted it was because he led an effort to unionize ski instructors. His efforts included distributing pro-unionization flyers to ski area patrons and to guests at the company's The Little Nell hotel.

Local district court judge Chris Seldin has issued a ruling that draws flesh from both parties. The company can rightfully refuse him the right to darken the doorways of its hotels, restaurants, and other accommodations, and it can even refuse to sell him lift .

But they can't refuse him access to the ski slopes that the company leases from the U.S. government. Seldin said that goes too far. Mulcahy's access to the slopes is subject to "reasonable time, place and manner limitations" that is to be defined later.

Mulcahy said he's been ostracized because of the ski company's power, forced to get by as a substitute teacher and taxi driver. Even the town government won't hire him to be a janitor, he told the Aspen Daily News.    

http://bit.ly/2oaQie8

Ok, this is a lot of stuff to read...LOL Tif

Is a lot of stuff to read

The whole state of Colorado is following California right down the toilet

Thank God there are a few good men and women that will stand up and say "Enough Is Enough"

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LIGHTER SIDE

 

Political Cartoons by AF BrancoPolitical Cartoons by Gary Varvel

Political Cartoons by Mike Lester

ALERT ALERT

Democrat Disaster! 53% Of Black Voters, 60% Of Other Minorities Say Liberal Media Trying To Help Democrats Impeach Trump

Thanks to President Donald Trump ALL Americans now know the mainstream fake-news media is an extension of the Democrat Party.

In a recent poll a majority of black voters and minority voters say the media is trying to help Democrats impeach President Trump.

And half of FOX News too, by the way.

CNS News reported:

Both black voters and other minority voters are more convinced than white voters that most reporters are trying to help impeach President Donald Trump, rather than report the news fairly – with a majority of each of the three groups holding that view – a new Rasmussen Reports survey reveals.

In the national voter survey, conducted November 12-13, 53% of all voters said most reporters are trying to help impeach Trump:

“When they write or talk about the impeachment effort, are most reporters trying to help impeach President Trump or block his impeachment? Or are most reporters simply interested in reporting the news in an unbiased manner?”:

“Help impeach President Trump”: 53%
“Block his impeachment”: 8%
Report “news in an unbiased an unbiased manner”: 32%

But, 53% of black voters and 60% of other minorities, compared to 51% of whites, said reporters are trying to get Trump rather than report the news fairly.

Tucker: 'Star' witnesses couldn't point to any high-crimes

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