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donsu Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:15 PM
Original message
Clear Channel claims to be part of the government


http://www.blogesque.com/?p=259



Texas-based Clear Channel Communications is in the news again for yet one more shocking abuse of its corporate power. It is now claiming, against all sense and reason, that one of its concert stadiums qualifies it as part of the Florida government which performs an "essential governmental purpose" and that it should therefore be above the law.

-snip-

When 50 Cent raps about pimpin' and AK-47s, and when Toby Keith rouses a crowd with drinking songs, are they performing a governmental purpose?

Clear Channel Entertainment, owner of the $23-million Ford Amphitheatre, claims they are. The Texas-based company says its lease with the Florida State Fair Authority means Clear Channel, a private company, and the Fair Authority, a state agency, have the same rights.

Because of that link to the state, Clear Channel says it should have immunity from local noise laws.

And more. Clear Channel also says it should not be required to pay county property taxes.

Today in Hillsborough Circuit Court, Judge Charlene Honeywell will consider whether the music industry giant qualifies for "sovereign immunity," a legal distinction that normally shields governments, not Fortune 500 companies, from local regulation and liability.
-snip-
--------------------------------

the bushgang thinks they are
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Tux Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:17 PM
Response to Original message
1. If this goes through
RIAA will jump for special protections as well. Any policy they make would be enforceable. I hate licenses that comes with commercial software but imagine them for music as well.
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Initech Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:17 PM
Response to Original message
2. This is why Clear Channel must be stopped!
Now they think they are above the law! What assholes!
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brak Donating Member (23 posts) Send PM | Profile | Ignore Tue Jul-26-05 12:19 PM
Response to Reply #2
5. Actually, the shitty music they play is why they should be stopped.
the most unoriginal drivel ever played on radio. the other stuff is just icing on the cake.
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Castilleja Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:23 PM
Response to Reply #5
7. yes, indeed.
You got that right!
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Initech Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 03:49 PM
Response to Reply #5
15. You mean like those talentless hacks known as Nickelback?
Or Limp Bizkit or Linkin Park or any of the crap that passes for heavy metal these days? Then yes, they should be stopped!
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Ron Green Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:18 PM
Response to Original message
3. No surprise here.
As long as the American people are willing to let their identities as citizens be subsumed by their identities as consumers, Clear Channel (and Disney, Coca-Cola and Nike) will be the government.
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ewagner Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:19 PM
Response to Original message
4. That's tortured logic at best....
I've never heard of any organization leasing, renting or simply using a public facility being able to claim that they are "part of the government".

For instance, the local Little League organization, pays a "user fee" to rent the City-owned baseball fields each summer. Is the Little league part of the City? Of course not.

this is absolutely stupid.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 04:57 PM
Response to Reply #4
16. Sounds about right to me..
The public gets conned into putting up tax money for some boondoggle stadium or facility, yet the admission price all but excludes 90 % of them.. More rich folks come along and "rent" it, and deny access to all who do not toe their "party line"..and then declare themselves "government"..:eyes:
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:20 PM
Response to Original message
6. Next Clear Channel will claim eminent domain rights
over the air waves.

Oh wait, that's already happened. Nevermind.
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soup Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:25 PM
Response to Original message
8. No immunity for Clear Channel
http://www.sptimes.com/2005/07/26/Tampabay/No_immunity_for_Clear.shtml

A judge rules that the owner of the Ford Amphitheatre can be held to noise rules.

By TOM ZUCCO, Times Staff Writer
Published July 26, 2005

TAMPA - The chances that concerts at the Ford Amphitheatre will get a little quieter got a lot better Monday.

Hillsborough Circuit Judge Charlene Honeywell ruled that media giant Clear Channel Entertainment, owner of the amphitheater at the state fairgrounds, does not have immunity from local noise regulations.<

>Clear Channel, a San Antonio-based company that owns 41 amphitheaters and about 1,200 radio stations, had sought to attach itself to the Fair Authority, which Honeywell had ruled enjoys sovereign immunity as an arm of state government.

In her ruling, Honeywell cited the lease agreement Clear Channel signed with the Fair Authority in 2003. Clear Channel and the Fair Authority "have a landlord-tenant relationship," Honeywell said. "The Fair Authority has little or no control over Clear Channel. They (Clear Channel) are not an agent of the state."

The judge also pointedly urged both sides to stop wasting court time and taxpayer money and come to a settlement.
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MadHound Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:25 PM
Response to Original message
9. People, People! Think about it from CC's point of view
I mean c'mon, Clear Channel has bought enough politicians over the past eight years, they could indeed be the government!
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TheFarseer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:26 PM
Response to Original message
10. Why should it matter who you lease it to?
You own it - you pay property taxes.
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Jack Rabbit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:26 PM
Response to Original message
11. This argument is simply mind-boggling
It's the sort of thing one would expect to read in Lewis Carroll.

What's worse is that in the Alice in Wonderland world of Bush's America, it would be hazardous to expect the courts to reject this nonsense out of hand, as they ought.
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eagler Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:42 PM
Response to Original message
12. Has anyone ever heard of the old Fairness Doctrine
which used to level the playing field and held everyone accountable for what they said or did on air?
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woodsprite Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 12:43 PM
Response to Original message
13. They're dumbing down the population. n/t
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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 01:06 PM
Response to Original message
14. I used a public toilet yesterday
Does that mean I'm the governor?
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wli Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-26-05 05:36 PM
Response to Original message
17. maybe they are; after all the MSM is practically controlled by the RW
Who's to say the Pentagon isn't calling the shots there?
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