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Test Your Intoxicated Art Skills at HandleBar's Paint and Sip on Monday

2 years 7 months ago
A night of canvases and cocktails awaits you at Paint and Sip at HandleBar (4127 Manchester Avenue, 314-652-2212), where St. Louisans 21 and older are invited to learn from local art instructor Gage Lopez as he guides them through a night of laughter, creativity and holiday spirit. Lopez works for Painting on the Rocks, a local company that hosts workshops and events designed to get people painting, and he knows his stuff.
Peter Cohen

Wisconsin’s Legislative Maps Are Bizarre, but Are They Illegal?

2 years 7 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

Any number of odd, zigzag examples can be used to make the case that legislative districts in Wisconsin are excessively gerrymandered.

There’s the pistol-shaped 31st Assembly District, held by a Republican, that was drawn with a western border that splits the Democratic city of Beloit in two.

There’s suburban Milwaukee’s 14th Assembly District, which stretches south, then east, then southwest, then east and again south, isolating Democrats and thereby limiting the Democratic vote in neighboring districts held by Republicans.

And in the northwest corner of the state, there’s the 73rd Assembly District, which resembles a Tyrannosaurus rex after a remap wiped out a reliable bloc of Democrats and added more rural conservative areas. The result: After 50 years of Democratic control, a Republican won in 2022.

Yet when the Wisconsin Supreme Court hears arguments next week in a widely watched lawsuit arguing that the existing maps fail to meet standards set out in the state constitution, that kind of political engineering will not be the focus.

Instead, much of the debate will center on exactly how to interpret the word “contiguous.” And the map shapes that are likely to get attention have elicited comparisons to Swiss cheese.

Fifty-five of the state’s 99 Assembly districts and 21 of 33 in the Senate contain “disconnected pieces of territory,” according to the most recent petition filed with the state Supreme Court by 19 Wisconsin voters. The suit seeks to have the state’s maps declared unfair and redrawn.

Some sections of the state’s maps “look like a 2-year-old drew them,” said Democratic Rep. Jodi Emerson, who represents the city of Eau Claire in northwestern Wisconsin.

In the interior of her district, the 91st, sits a free-floating chunk that actually belongs to the turf of the adjacent lawmaker, Republican Karen Hurd.

68th and 91st Districts

This island, part of the Town of Washington, is in the Republican-held 68th Assembly District but is surrounded by the city of Eau Claire in the Democratic-held 91st Assembly District.

That may seem odd, but what is often left unsaid in discussions of Wisconsin maps is that the islands are not random parcels created by mapmakers to advantage Republicans at the behest of a Republican legislature. Rather, the irregular blobs largely follow municipal maps that reflect the history of Wisconsin cities and villages adding to their tax base by annexing bits of land in nearby areas. The practice often leaves towns with irregular maps and legislative districts with holes and satellites.

The plaintiffs, who are Democratic voters, claim that the legislative district boundaries violate Article IV, Section 4 of the state constitution, which says Assembly members must be elected from districts consisting of “contiguous territory.”

But the same section of Article IV also requires that Assembly districts “be bounded by county, precinct, town or ward lines.”

Senate districts, which are each made up of three Assembly districts, are governed by Section 5. It says they must consist of “convenient contiguous territory.”

So, which trumps which? Contiguity or municipal lines?

"This is the only case I’m aware of where contiguity has been the focus of a challenge,” said University of Colorado Law Professor Doug Spencer, an expert in redistricting. “This could give the new Supreme Court in Wisconsin a way to overturn the maps on neutral grounds."

Much is at stake. The case could decide the future of Wisconsin state politics, with possible ramifications for such hot-button issues as abortion and voting rights.

One election law expert, after reviewing the constitution, saw the Senate language as more straightforward to challenge. Section 5 does not mention a need for Senate maps to be bounded by any kind of government or municipal lines. It only mentions contiguity.

That language is “more of a slam dunk” for the plaintiffs, said Michael McDonald of the University of Florida’s political science department, where he studies mapping issues.

GOP legislators who oppose the suit argue in one legal brief that insisting all parts of a district must physically touch flouts prior court rulings and “is absurd and unworkable.”

Marooned on a Voting Island

The U.S. Supreme Court ruled in 1964 that state legislative districts should have roughly equal populations, while federal law prohibits drawing lines that dilute the voting power of minorities. In addition to those parameters, states have adopted their own principles, which frequently include keeping districts contiguous.

The rationale behind contiguity is to create local districts where lawmakers live near and share common concerns with their constituents.

Contiguous means “you can draw a district without ever having to lift up your pencil,” Spencer explained.

But that’s not Wisconsin’s method.

According to the legal complaint, the majority of Wisconsin’s Assembly districts are noncontiguous — each consisting of between two and 40 disconnected pieces of territory. Two-thirds of the state’s Senate districts are noncontiguous — each with between two and 34 disconnected pieces.

Consider just a few of the Assembly districts referenced in the case.

2nd and 88th Districts

The 88th District, which features eastern sections of Green Bay as well as more rural areas, includes two detached islands surrounded by the 2nd District. Those islands correspond to the boundaries of two towns. The islands don’t seem to benefit either party. Both districts are represented by Republicans.

48th and 79th Districts

In Dane County, the Town of Burke is made up of disjointed tracts, resulting in noncontiguous boundaries for the town. Tiny portions of the town are in two different Assembly districts, both held by Democrats.

3rd and 5th Districts

It’s not unusual to see district maps that include islands so small they encompass a block, a few homes or even a single residence. In Outagamie County, boundary lines for the Town of Buchanan create a one-house-wide hole in the Republican district that contains the rest of the city of Kaukauna.

47th District

The Town of Madison, which had noncontiguous boundaries and was part of the 47th Assembly District, ceased to exist in 2022 when it was absorbed by the cities of Madison and Fitchburg. Yet the resulting islands in the legislative district remain. The district is notable for its large number of people living in noncontiguous areas.

Population estimate based on analysis of census data by Marquette University Law School redistricting researcher John Johnson. High Stakes on the Highest Court

Wisconsin’s maps have long been a contentious political topic, even becoming an issue earlier this year in a fiercely competitive race for a seat on the state Supreme Court, a contest that attracted tens of millions of dollars in campaign donations and outside spending.

The liberal-leaning candidate, Janet Protasiewicz, won, tipping the balance of the court to the left for the first time in 15 years. During the race, she expressed her support for legal abortion and her concern that the legislative maps were “rigged.”

One day after Protasiewicz’s Aug. 1 swearing-in ceremony, the group of Democratic voters filed suit, challenging the maps as “extreme partisan gerrymanders.” The high court declined to hear arguments about how the maps created a political advantage and, instead, narrowed the case to two arcane issues. One was “contiguity.” The other was “separation of powers,” centering on whether the prior Supreme Court overstepped its authority last year when it adopted the Legislature's maps despite a veto by the state’s Democratic governor, Tony Evers.

When Protasiewicz and the liberal majority decided in favor of hearing the case, conservatives on the court didn’t hide their displeasure.

“Redistricting should not be an annual event,” griped Chief Justice Annette Kingsland Ziegler in a written dissent. She added that the decision to focus solely on contiguity and separation of powers, which are state Constitutional issues, was “an attempt to dodge appellate review.”

Another justice, Rebecca Grassl Bradley, expressed her dismay with the case by liberally citing Lewis Carroll’s “Alice’s Adventures in Wonderland” and its sequel.

“Through the Looking Glass we go,” she wrote of what she considered to be a purely political, madcap exercise.

As the court date approaches, Republican legislators have been calling for Protasiewicz’s impeachment, claiming she’s biased. But she has said she won’t prejudge the issue and won’t recuse herself.

So far, Republicans haven’t acted on the impeachment threat. But even talk of such an extreme measure shows how significant the maps’ case is.

If redrawn, districts could become more competitive and less safe for incumbents — perhaps changing the power balance in the state capital. Republicans could lose complete control of the Legislature or, even if they retain power, lose their opportunity to gain a supermajority that would allow them to override Evers’ vetoes. A weakened state GOP could also be less helpful in 2024 to any Republicans who seek to again dispute presidential election results in Wisconsin, a swing state.

John Johnson, a Marquette University researcher who studies redistricting, noted that, ironically, it was Democrats who favored noncontiguous districts three decades ago.

Back then, maps drawn under the oversight of a Democratic legislature had created islands. Wisconsin Republicans at the time favored the dictionary definition, embracing “literal contiguity,” according to a key 1992 federal redistricting case that has been cited in the current controversy.

A federal three-judge panel, considering broader issues, didn’t endorse the islands but tolerated them, noting that the distance in the Democratic plan between the towns and the islands was slight.

The court held that “compactness and contiguity are desirable features in a redistricting plan,” but “only up to a point.”

Reaching “perfect contiguity and compactness,” the judges feared, would require “breaking up counties, towns, villages, wards and even neighborhoods.”

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by Megan O’Matz, graphics by Lucas Waldron

Family Business Profile: After nearly 120 years, Spiegelglass Construction continues to evolve with the restaurants it builds

2 years 7 months ago
When officials from Spiegelglass Construction tell new clients the year the Maryland Heights-based construction firm was founded, they know the reaction will usually be an interesting one. It’s understandable — since it can be unusual to hear that a company has been operating continuously since 1904. “You can see it on their face that it’s something they just don’t hear very often,” said Tim Spiegelglass, president of the firm and the fourth-generation leader of the longtime family construction…
Gloria Lloyd

9 Times the U.S. Army Corps of Engineers Miscalculated Badly at the Expense of Taxpayers, Wildlife

2 years 7 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Oregon Public Broadcasting. Sign up for Dispatches to get stories like this one as soon as they are published.

Since it was founded in 1802, the U.S. Army Corps of Engineers has taken on some of the nation’s most ambitious attempts to manipulate nature for the benefit of human beings. The agency’s motto — “Essayons!” — translates from French to “Let Us Try!” And try it does.

The Corps has plunged ahead time and again with billion-dollar construction projects based on assumptions that don’t exactly pan out. In some cases, the agency goes on to spend billions more restoring the natural environment it manipulated.

We reported in late October on the Corps’ $1.9 billion proposal to remedy the fact that its 13 dams on the Willamette River in Oregon have helped drive iconic salmon to the brink of extinction.

Trouble is, that recovery plan is also based on assumptions that might not match reality. Central to what the Corps proposes is a pair of fish collectors, which the agency describes as essentially giant fish vacuums. Salmon the size of baby carrots would be whooshed into it, trapped in tanks and trucked around dams on their migration to the sea. The devices are to be built on a massive scale never before tested, and the Corps estimates a single collector could cost up to $450 million. A recent scientific review concluded that the kind of approach the Corps is pitching in Oregon won’t save salmon but “only prolong their decline to extinction.”

The Corps says it’s the best option for helping salmon while keeping dams operational for hydropower customers, boaters and other users of the Willamette systems — although many of those users say they would be fine with lowering reservoirs and curtailing hydropower if it helped fish.

The Oregon story is one example in a long line of Corps projects that have drawn criticism over the years.

In 1971, the New York Times editorial board declared “the American people are becoming increasingly fed up with the expensive, boondoggling, make‐work, environmentally destructive projects that to a large degree characterize the civilian activities of the Army’s Corps of Engineers.”

Three decades later, a Washington Post investigation found the Corps pursued “billions of dollars’ worth of taxpayer-funded water projects, many with significant environmental costs and minimal economic benefits.”

The Government Accountability Office concluded in 2006 that the Corps’ work was “fraught with errors, mistakes, and miscalculations, and used invalid assumptions and outdated data.”

ProPublica, with its partner Reveal from the Center for Investigative Reporting, has reported that the Corps knew since 1852 that levees force rivers to run higher and faster and yet persisted in using them for flood control.

When asked for a response to critics, the Corps this week issued a statement in which it acknowledged that over its long history, “there have been challenges associated with some of our projects. As an organization, we are always striving to be better.”

The agency said lessons learned from past projects have prompted changes to planning processes and the incorporation of “independent peer review.” The Corps said it’s working to modernize business methods, materials and designs while evolving in its approach to environmental and social concerns. Corps leaders are committed, the statement said, “to safely deliver projects, on time and within budget.”

Here are some examples of Corps projects that didn’t go as expected.

New Orleans Levee System Floodwaters from Hurricane Katrina fill the streets near downtown New Orleans on Aug. 30, 2005. (David J. Phillip/AP)

Year begun: 1965

Location: New Orleans

The plan: Prevent flooding during coastal storms by building a series of levees around Greater New Orleans.

What actually happened: In 2005, design flaws allowed a storm surge from Hurricane Katrina to breach the walls of the $738 million levee system that the Corps had built over the preceding four decades. The storm and flooding killed 1,392 people and caused damage totaling an inflation-adjusted $190 billion. The American Society of Civil Engineers called the levee failures “the worst engineering catastrophe in US History,” and the Corps later acknowledged its levees were “a system in name only.”

Tennessee-Tombigbee Waterway A worker watches a crane unload scrap metal along the Tennessee-Tombigbee Waterway in Columbus, Mississippi, in 2019. While the waterway hasn’t lived up to expectations in terms of traffic or economic development in parts of Alabama and Mississippi, cities including Columbus rely on it for jobs and transportation. (Jay Reeves/AP)

Year begun: 1971

Location: Tennessee, Mississippi, Alabama

The plan: Build a 234-mile artificial waterway connecting the Tennessee River to the Tombigbee River in Alabama, creating a new channel to the Gulf of Mexico and an estimated 208,000 new jobs in economically depressed areas of Alabama, Mississippi and Tennessee.

What actually happened: The Associated Press reported in 2019 that the Tenn-Tom, as it’s known, “has never come close to traffic projections used to sell it to the public, and poverty rates have increased in most of the counties it flows through in Mississippi and Alabama.” New jobs totaled 29,000, a study by Troy University found — or 179,000 less than early projections. The project cost $2 billion.

St. John’s Bayou-New Madrid Floodway

Year begun: 1986

Location: Missouri Bootheel

The plan: Control flooding in southeast Missouri with a construction project that would include levees and two giant rainwater pumps and cost $165 million.

What actually happened: The project was never completed. The Corps’ own lobbyist described the idea as an “economic dud with huge environmental consequences,” The Washington Post reported in 2006. According to earlier reporting by the Post, the Corps’ efforts were expected to drain 36,000 acres of wetlands and deliver virtually no actual flood protection.

Olmsted Locks and Dam

Year begun: 1988

Location: Olmsted, Illinois

The plan: Build a lock and dam system on the Ohio River to reduce delays on one of the most commercially trafficked water routes in the country, near the meeting of the Mississippi, Ohio, Tennessee and Cumberland rivers. The project was scheduled to be finished in 1998 at a cost of $700 million. The Corps projected the locks and dam would generate $920 million in economic benefits annually.

What actually happened: The project wasn’t completed until 2018 — 20 years later than expected. The cost, $3 billion, was four times what the Corps said it would be, and the economic benefits were $236 million, or about one-fourth the original estimate. In 2021, a collection of farmers along the river sued the federal government, claiming the project had increased the frequency and severity of flooding. The Corps sought to dismiss the suit, arguing the river’s flood pattern had not been severely altered. The case is pending.

Savannah Harbor Dredging

Year begun: 1999

Location: Savannah, Georgia

The plan: Dredge Savannah’s harbor to increase commercial shipping. When approved in 1999, the cost was pegged at $459 million.

What actually happened: The Corps was sued by environmental groups and state environmental regulators in South Carolina, where Corps officials were planning to dump potentially toxic dredge spoils. The Corps tried to get the lawsuit dismissed but eventually reached a settlement that included additional pollution controls. The effort took two decades thanks to repeated delays. Meanwhile, the cost more than doubled, to $973 million.

Florida Everglades Restoration Members of the Corps’ Jacksonville, Florida, district and the South Florida Water Management District joined other federal, state and local officials and stakeholders to break ground for the Everglades Agricultural Area Reservoir, a component of the Comprehensive Everglades Restoration Plan meant to reconnect Lake Okeechobee water to the central Everglades. (Bri Sanchez/U.S. Army Corps of Engineers)

Year begun: 2000

Location: Florida Everglades

The plan: Undo the damage done by engineering projects that degraded the famed ecosystem to half its original size. This damage occurred decades earlier, when the Corps was authorized to build levees around the Everglades and drain the wetlands. Key components of the restoration effort were to include building a massive reservoir the size of Manhattan and a series of artificial marshes meant to funnel clean water into the Everglades. The work would cost $8 billion and take 30 years to complete.

What actually happened: The Corps’ subsequent estimates put the project at $23 billion and 50 years to complete. Two decades passed before the Corps and state officials finally broke ground on the reservoir. According to the Miami Herald: “Even the Army Corps, which is building the reservoir, has signaled it’s worried about whether the finished project will meet the water quality standards it’s supposed to. If the new project missed the mark, it’s possible the ‘crown jewel’ of Everglades restoration might not work.”

Controlling Columbia River Salmon Predators A small portion of the East Sand Island, Wash., cormorant colony in May 2014. The island habitat formed from soil dredged up by the Corps. The agency then started killing the birds to keep them from eating endangered salmon. (Damian Mulinix/Daily Astorian via AP)

Year begun: 2015

Location: Mouth of the Columbia River, Oregon-Washington border

The plan: A colony of double-crested cormorants had settled on a set of islands that the Corps built up with soil it dredged from the riverbed, and the birds were feasting on endangered juvenile salmon as they tried to make their way to the ocean. To save endangered fish, the Corps decided to shoot the birds and put oil on their eggs to prevent them from hatching.

What actually happened: Killing the birds drove the colony to a bridge several miles upriver, where the cormorants ate even more salmon than before. Then the birds inundated the bridge with their droppings, causing an estimated $1 million in damage each year.

Coast Fortification in New Jersey Beachgoers cross over one of numerous large pools of water that formed on the beach in Margate, New Jersey, after heavy rains in July 2017. The water was blocked from draining into the ocean by sand dunes built as part of a storm protection program that Margate residents vigorously fought, claiming that the dunes would cause exactly the type of standing water that occurred. (Wayne Parry/AP)

Year begun: 2016

Location: Margate, New Jersey

The plan: Construct sand dunes as part of a statewide effort to fortify the coast after Hurricane Sandy in 2012, at an estimated cost of $63 million.

What actually happened: Margate residents had resisted the project, arguing that an existing retaining wall was sufficient and that dune construction would cause drainage problems for the seaside town. Their fears bore out in 2017, when water pooled behind newly constructed dunes. The town sued. During the trial, according to The Philadelphia Inquirer, a Corps official acknowledged the standing water had surpassed agency predictions and that the agency wanted to continue building, despite being at a loss for solutions. Margate Mayor Michael Becker told the Inquirer the emotional toll of the beach construction was “worse than Hurricane Sandy.” After finding that the town’s concerns were “understandable and cry out for help,” a judge ruled construction could continue if the Corps fenced off ponds and built raised walkways for residents.

Dredging the Mississippi Dredging operations to build an underwater sill in Plaquemines Parish, Louisiana, outside New Orleans on Sept. 26, 2023. A saltwater wedge slowly moving upriver from the Gulf of Mexico threatened municipal water supplies. (Gerald Herbert/AP)

Year begun: 2018

Location: Mississippi River near New Orleans

The plan: Dredge the Mississippi, deepening the 45-foot-deep channel to 50 feet at the river’s mouth to allow for more shipping.

What actually happened: After the $250 million dredging was completed in 2022, saltwater from the Gulf of Mexico started entering the river. The Corps had known for decades that its continued efforts to deepen the river channel would trigger an intrusion of saltwater, according to The New Orleans Advocate. The agency predicted an underwater dam could contain the invading saltwater, but, according to Bloomberg, this year it failed to do so. To fix the drinking water problem, New Orleans is now building a pipe to pull freshwater from farther upriver, which Bloomberg reports could cost $100 million to $250 million.

by Tony Schick, Oregon Public Broadcasting