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News The Fly-By

Waiting on the Train Gang

Trains are a fact of life for most Memphians. But, last October, for 42-year-old Darlene Lewis, they were a matter of life and death. It may seem belated to report her death now, but in recent weeks, members of the City Council have discussed a number of railroad issues, including quiet zones near residential neighborhoods and trains that remain stationary for long periods of time.

“I have sat on Chelsea with the train just sitting there for more than 30 minutes,” council member Barbara Swearengen Holt said at a committee meeting in early February. “I called the police. I sat there thinking, surely this train is going to move soon.”

A current city ordinance says stationary trains cannot block an intersection for more than five minutes, but at last week’s transportation committee, city attorney Sara Hall said she wouldn’t advise enforcing it.

“I don’t disagree with the safety issues or the problems they present, but in all cases in the last 10 years, the ordinances have been struck down [in court],” she said. “I do not see a vehicle in which to regulate this area.”

The courts have deemed that federal regulations regarding the rails preempt any local ordinances. Earlier last month, city engineer Wain Gaskins said that when the city gets a complaint about stationary trains, they notify the offending railroad, but the city has “no enforcement authority against them. We can just bring it to their attention.”

Gaskins said the city used to receive more complaints. “We receive relatively few notifications, maybe because people have realized it doesn’t do any good.”

Having seen drivers do U-turns near intersections blocked by both moving and non-moving trains, I think people have also realized that finding an alternate route is always a good idea. But that’s only realistic with other transportation.

“Someone was killed in District 4 when they tried to climb over a parked train,” Councilman Dedrick Brittenum reminded the committee. “That’s the danger.”

According to October police reports, an eyewitness saw Lewis try to climb over the car coupling of a train stopped at Southern and Willett. The train began to move and Lewis lost her balance, falling backward between the cars.

Viola Batts is a relative who raised Lewis. She lives around the corner from a set of railroad tracks and says that whenever she or Lewis happened upon a train, they either waited or went around. As far as Batts knows, Lewis had never tried to climb over a train before.

We’ll never know why Lewis decided to cross over the train that evening. It’s a crazy thing to do, but what happens when you find yourself on the wrong side of the tracks? Maybe she was tired or scared; maybe she just wanted to get home.

“Nobody should be climbing over trains,” said Brittenum, “but people get tempted.”

A few years ago, I went to a University of Memphis football game with a few friends. We parked on a side street near Humes and walked across Tobey Field to get to the Liberty Bowl. After the game, we walked back the same way, only to find the road blocked by a stationary train.

And we weren’t alone. Tiger fans kept joining us until a crowd of about 50 had collected.

After 10 minutes or so, a few people started climbing over the couplings. Everyone looked at each other, as if to say, what do we think about this? Is it very smart or very stupid?

Our car was right there. A block away. The first climbers made it safely across and were on their way home. There was no way to know how long the train was going to sit at the intersection and no way to tell how many intersections it blocked. Climbing over the train was crazy, but just standing there, not knowing if it would ever move, seemed crazy too. We could be damned if we did, but we were dammed if we didn’t.

Even if one were to channel the patience of Gandhi, there are times people just can’t wait.

“In addition to being inconvenient,” said city attorney Hall, “it is a safety issue if emergency vehicles can’t cross the tracks.”

The city attorney’s office is trying to find alternate solutions, but Hall didn’t sound optimistic. The Federal Railroad Association expects the rail industry to significantly increase in the next 20 years, and local entities will still have limited authority.

We have ordinances about noise pollution and loitering; it’s too bad we can’t apply those to train companies or train operators. Councilman E.C. Jones suggested citizens call their federal elected officials, and the committee discussed urging rail companies to move to an area south of town.

But without some latitude from the federal system, it just seems like we’re being railroaded.

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News The Fly-By

Please Hold for Help

When Memphian Donna Campbell returned home from dinner with her son and his girlfriend several weeks ago, she was greeted by a man with a gun.

Campbell had just unlocked her front door and disarmed the house alarm when she turned and noticed her son’s girlfriend standing on the porch with a gun to her chin. Campbell tried to press the panic button on the alarm but couldn’t remember which one it was. The robber demanded their purses and wallets, and when they gave them to him, he ran away.

Campbell then called 911 and was put on hold. Her son’s girlfriend also called 911 and was put on hold.

“After being on hold for so long, I went back in the house and made sure I punched the panic button [on the alarm],” she says. A few minutes later, when three squad cars arrived, the two 911 calls were still unanswered.

Stalled 911 calls are a growing problem, and last week, a City Council committee discussed ways to improve the current 911 system.

“[Local 911 officials] gave us a list of different kinds of calls and how many they got,” said Carol Chumney, chair of the council’s public safety committee. “There were thousands of hang-ups. Plus, people are calling about their dogs running loose and all kinds of things that have nothing to do with a life-threatening emergency situation.”

Chumney says a campaign is in the works to inform the public of appropriate reasons to call 911.

Also, Chumney says the computer software Memphis uses does not allow operators to put a non-emergency call on hold so they can answer a life-threatening one. Nashville’s system does, and it would cost between $100,000 and $300,000 for Memphis to upgrade the system.

The 911 call center receives an average of 1,200 calls per day. A new call center near the Shelby County Correctional Center should be completed by 2008, and Vince Higgins, public affairs officer for the Memphis Police Department, says it will have additional lines. There are currently 18 lines for 911 calls.

Higgins says non-emergency calls are a problem, but the system also becomes overloaded when too many people report the same emergency.

“In 1985, when there was an accident on I-240 at Lamar, one person would get out of the car, walk to a phone, and call police,” said Higgins. “Now, at the same location, you might have up to 15 cell phones calling 911. That immediately overloads the system.”

Higgins suggests people stop to render aid and determine if the accident is an actual emergency before calling. He also says it’s important that people stay on the line after being put on hold.

“If you get off the line, that means someone has to turn around and call you back. That becomes a priority call,” said Higgins. “We have to make sure it’s not a dire emergency. If we don’t get an answer, we have to send someone to the location and that creates more of a problem. So stay on the line.”

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News The Fly-By

Q & A: Claude Talford

Imagine a New Madrid earthquake that causes a large oil or chemical spill in the Great Lakes region. That’s what emergency response officials envisioned last week during a conference at the Marriott Hotel downtown.

The officials were planning for the first Spill of National Significance (SONS) drill for an inland region, scheduled for June. Until now, the exercise has been held every three years, but always in coastal regions, and is usually based on an imaginary marine vessel casualty.

This time, however, the “spill” will be triggered by a major earthquake on the New Madrid fault line. The drill will test emergency response plans in 13 states. Here in Memphis, Claude Talford, director of the Memphis/Shelby County Emergency Management Agency, will lead operations. — by Bianca Phillips

Flyer: During the drill, what will happen here?

Talford: We haven’t decided that yet. That’s what this conference was all about. It’s one step in many to develop the logistics on how everybody’s going to play.

Will there be anything that citizens will see?

We don’t know if this will be a full-scale drill or just a tabletop.

What’s the difference?

[The tabletop drill is] where you get representatives from the different agencies in a big room and go over what we would do. In a full-scale exercise, you’d actually be getting people out on the street in police cars and you’d get volunteers to act as victims.

And you need a grant to do a full-scale exercise?

For an operation this big, we would have to pull a lot of responders and we would need to field those positions. We don’t want to tie up the patrolmen. I don’t know how many people it would require because we’ve never done anything on this scale. This is getting into new territory.

In case of a real earthquake, what would happen?

There would be a lot if liquefaction in the downtown area. Liquefaction is when the soil bubbles up and liquefies, causing shifting building foundations.

Depending on how long the shake and how intense the shake, there could be some landslides triggered on the bluff. The un-reinforced masonry buildings could crumble. There could be bridges that fall.

What about emergency responders?

The first thing that our responders are going to do is check to find out who is injured and try to get them help. Then the fire departments would ride through the neighborhoods and do what they call a windshield survey to see the conditions and report back to main communications if it’s up and running.

Categories
Opinion

On Recalls and Redesigns

Wonderful. In Memphis we now have newspapers designed for people who don’t read newspapers and special elections for people who don’t vote.

This is progress in journalism: a daily newspaper, The Commercial Appeal, chopped up into so many sections that it is as annoying to read as an online newspaper with pop-up ads on a slow computer with a dial-up connection.

“Honey, you mind handing me the front page?”

“You mean the front front page, the second front page, the front of the Greater Memphis section, or the front of the Memphis and Region section?”

“Hell, just give me the remote.”

Judging from the e-mails I get from CA employees and the letters to the editor in the CA, I’m not alone in my confusion. I’m pulling for the print edition of the daily to survive and even prosper. I’m sorry to see them lose another good reporter, Oliver Staley. But I think they should quit pandering to their non-customers and start leveling with their loyal customers and share some of the financial realities that are driving the design changes.

As consumers, we know what Northwest Airlines earned and spent last year, what its CEO earned, what its pilots and mechanics and flight attendants earn in salaries, what its fares are, even more than most of us probably want to know about its pensions and benefits and debt load. We know the same things about the financially troubled companies in the auto industry, General Motors and Ford. So when we read about layoffs and plant closings and union contract negotiations, we can put things in perspective.

“Old Reliable” (the hoary self-imposed nickname for the CA hauled out of the attic last weekend by way of softening the shock of the changes) and its parent company, E.W. Scripps, don’t disclose financials and profit margins for individual newspapers, although the Scripps newspaper division earned over $200 million in profits last year. Where are the numbers in those times-are-tough columns from the editor and publisher? What are advertising revenues for classifieds and displays ads? How much have they fallen? What is the profit margin? What does it cost to keep a reporter or editor? What is the daily and Sunday circulation? This is a business story of local interest, and it should be covered like any other business story, with facts not fluff.

Newspapers have to deal somehow with the loss of young readers. A former colleague, Rheta Grimsley Johnson, told me she spoke recently to college students interested in writing careers. She could understand them not knowing about Ernie Pyle and Mike Royko. But they’d never heard of Maureen Dowd, either. So I’ll go along with any design change for a while, but don’t shortchange me on the story.

Meanwhile, this is progress in democracy in Memphis: A recall campaign is officially under way to boot Willie Herenton out of the mayor’s office. Backers need slightly less than 65,000 valid signatures of Memphis voters. That’s more than twice as many as the 31,183 people who voted against Herenton in the 2003 mayoral election and well over half the number of people who voted, period (103,226, or a 23 percent turnout).

I don’t think they will get them without a more broadly organized effort. Some of the current backers are mainly and perhaps exclusively interested in making a noise. Herenton fatigue is one thing; Herenton removal another. The language of the city charter indicates that Herenton’s chief administrative officer, Keith McGee, would replace him. If recall supporters believe the mayor guilty of gross malfeasance and fiscal mismanagement, it’s hard to see how installing his CAO or the survivor of a deal brokered by the City Council make things any different. And Herenton himself could run again in 2007, if not sooner.

Then there is the still unresolved matter of Ophelia Ford’s seat in the Tennessee Senate. Challenger Terry Roland, the Republican who lost by 13 votes in a special election last year, says he was robbed. A do-over election is possible. But nine out of 10 voters eligible to vote in last year’s special election stayed home. If either the Ford side or Roland side had expended as much energy getting out the vote as they have fighting over the results, the issue would have been settled long ago.

Categories
Sports Sports Feature

Rodney’s Rank

With the sun starting to set on the college career of University of Memphis forward Rodney Carney, it’s time we measure his achievements and standing relative to the all-time Tiger. The U of M has retired the uniform numbers of eight players: Forest Arnold, Win Wilfong, Larry Finch, Ronnie Robinson, John Gunn, Keith Lee, Elliot Perry, and Anfernee Hardaway. (It should be noted, Gunn’s tribute was a posthumous honor, as the young man died in 1976, shortly after the beginning of his junior season.) Where exactly does Carney fit among this Tiger pantheon? There are four categories to consider.

• The Numbers: With 1,768 career points (after Saturday’s win over Tulsa), Carney is fifth in Memphis history, trailing only Lee (2,408), Perry (2,209), Finch (1,869), and Arnold (1,854). With two regular-season games and assuming a minimum of four postseason contests left to play (including the Conference USA tournament next week in Memphis), Carney needs to average 16.8 points to catch Finch. He’s already established a new record for three-pointers, with 268 and counting.

And then there’s my favorite Rodney Carney number: four (as in years played). In this era of college basketball, when even marginal stardom can start a player scrambling for an agent, Carney’s staying the course is impressive.

• Marquee Value: All you have to do is look at the 2005-2006 schedule poster distributed by the U of M athletic department. Most prominent is a soaring image of Carney, flying to the basket for one of his cloud-breaking dunks. The two most exciting plays in basketball are the three-point shot and the slam dunk, and Carney has been a virtuoso at both. In my 15 years of watching the Tigers, the only player who could approximate Carney’s leaping ability was Michael Wilson (1994-96), and Wilson wasn’t in Carney’s category as a scoring threat. (Want a measure of how high Carney can leap? In an otherwise forgettable play against UAB January 26th, Carney went up for a dunk, only to have the ball stripped by a Blazer. He still slapped the top of the foam padding that runs halfway up the backboard … on his way down.) The U of M doesn’t keep stats on dunks, but any witness to Carney’s exploits knows the Indianapolis native is among the top three or four rim-rattlers in program history. Combined with his three-point legacy? Beyond compare.

• Intangibles: What about recognition? Among the honored Tigers, only Lee and Hardaway were named All-Americans by the Associated Press. Depending on how he finishes this season, Carney stands a legitimate chance to land at least second-team honors. Lee was a two-time Metro Conference Player of the Year and Hardaway was twice named MVP of the Great Midwest Conference. Considering the Tigers’ dominance of Conference USA this season, and Carney’s role as leading man, it’s hard to imagine him not garnering Player of the Year laurels. In terms of leadership, Carney might best be remembered for what he didn’t do while teammates, one year after the next, found themselves in hot water, both with the university and the police department. Carney has been an exemplary student-athlete, and he’s on schedule to graduate in August with a degree in interdisciplinary studies.

• Team Success: This is the category that could ultimately determine whether Carney’s uniform is raised to the FedExForum rafters. And it’s the category where he can make the most impact between now and when he takes his jersey off for the last time. Coach Calipari periodically reminds his troops that the 1973 NCAA runners-up are still talked about in the Mid-South 33 years later.

Carney’s postseason legacy, to this point, is an appearance in the 2005 NIT semifinals and one NCAA tournament victory (a 2004 contest, in which he had 26 points against South Carolina). The U of M hasn’t won a conference tournament since the 1987 Metro and hasn’t reached the NCAA’s Sweet Sixteen since 1995. If Carney can help his Tigers reach these two goals, the verdict seems clear on his standing among this program’s greats. And a ninth uniform should be raised as Carney makes his leap to the NBA.

Categories
Editorial Opinion

Parade of the Elephants

Jimmy Carter, very much in the public eye, was president. Ted Kennedy was considered to be stalking him for the rights to be the Democratic nominee in 1980, and both of them, along with other party honchos, were on hand — giving speeches, press conferences, what-have-you. Those of us who are sufficiently long of tooth recall legendary House speaker Tip O’Neill coming down an escalator at the old Ellis Auditorium in company with another Irish-American, one Pat Halloran, then of the Memphis City Council and ambitious to rise in Democratic ranks. Halloran, who had his right arm draped around ol’ Tip’s shoulder as the two descended, seemed almost to have gotten there.

Fade to the present: It’s 2006, and Halloran is the impresario of The Orpheum, having forsaken one branch of American entertainment for another. Tip O’Neill is no longer with us, though Ted Kennedy and Jimmy Carter are still very much in the public eye.

What’s most different about 2006 is that this time it’s the national Republicans who will descend on our city for the biennial Southern Republican Leadership Conference at The Peabody. Though it’s a notch or two below the 1978 affair, protocol-wise, the star quality of it will be much the same. That means 2008 presidential wannabes John McCain, Mitt Romney, Arkansas governor Mike Huckabee, Tennessee’s own Bill Frist, and (as they say) more more more. There’ll be a straw vote poll for the record, and the big-time national media will be on hand to observe everything. And, among numerous congressional luminaries, House speaker Dennis Hastert will be around to do a reprise of the O’Neill part. After his fashion, of course.

 And, face it, the fashions are different this time around. There is one similarity: The Republicans this year are beginning to reel from the same sort of developing malaise that would overtake the Democrats within months of their leaving Memphis. Even as we speak, President George W. Bush — beset by the Dubai port crisis and, er, more more more — is rapidly descending into the kind of reputational limbo that would overtake Carter. It is a time when the GOP dignitaries and cadres will surely have to do some rethinking out loud, and they’ll be doing it as our guests.

Welcome, we say. And congratulations to Memphis’ John Ryder for making sure they came here instead of elsewhere. We promise to pay close attention.

Categories
Opinion Viewpoint

An Eye on the Pea

With the Bush administration, it’s important to have in mind the old carnival con game: Keep your eye on the shell with the pea under it.

Among the many curious aspects of the administration’s approval of the Dubai Ports World takeover of operations at six major ports (and as many as 21) is this exemption from normally routine restrictions: The agreement does not require DP World to keep copies of its business records on U.S. soil, which would place them within the jurisdiction of American courts. Nor does it require the company to designate an American citizen to accommodate requests by the government. So what’s that about?

It makes DP World harder to sue and less subject to American regulation. The lovely thing about the ports deal causing such a commotion is that it allows us to bring attention to this fairly obscure provision, which is, in fact, part of a wave of similar special exemptions that’s starting to turn into a flood.

Here’s an example of how it works: Just before Christmas last year, in a spectacular example of a straight power play, Senate majority leader Bill Frist and House speaker Dennis Hastert pulled off a backroom legislative deal to protect pharmaceutical companies from lawsuits. The language was slipped into a Defense Department appropriations bill at the last minute without the approval of members of the House-Senate conference committee meeting on the bill.

Lots of players were outraged at the short-circuiting of the legislative process. “It is a travesty,” said Thomas Mann of the Brookings Institution. Representative David Obey, who had specifically checked to make sure the language was not included, was enraged, calling Frist and Hastert “a couple of musclemen in Congress who think they have the right to tell everybody else that they have to do their bidding.” Representative Dan Burton said succinctly, “It sucks.”

The way this was done was outrageous, but so is what it did. Frist has received over $270,000 in contributions from the drug industry and has long advocated liability protection for vaccine makers. The provision allows the secretary of health and human services to issue a declaration of a public health emergency, or threat of an emergency, or declaration of “credible risk” of an emergency in the future, thereby protecting the industry against lawsuits involving the manufacture, testing, development, distribution, administration, or use of vaccines or other drugs.

In order to prove injury from a drug, a person would have to prove “willful misconduct,” not just actual harm.

But this putrid performance is part of a much larger pattern to protect corporations from the consequences of the damage they cause. The Los Angeles Times reports:

“The highway safety agency … is backing auto industry efforts to stop California and other states from regulating tailpipe emissions.”

“The Justice Department helped industry groups overturn a pollution-control rule in Southern California that would have required cleaner-running buses, garbage trucks, and other fleet vehicles.”

“The U.S. Office of the Comptroller of the Currency has repeatedly sided with national banks to fend off enforcement of consumer protection laws passed by California, New York, and other states.”

Because of repeated problems with roof-crush incidents that have crippled drivers in rollover accidents, the National Highway Traffic Safety Administration at last proposed a beefed-up safety standard for car roofs — but the proposal also provides legal protection for the manufacturers from future roof-crush lawsuits. So your car roof may be less liable to crush during a rollover, but if it does and leaves you paraplegic, you won’t be able to sue.

Sometimes I’m not sure what planet these people live on. Would a fine, upstanding American corporation actually make a product that would hurt someone? Knowingly? Would they ever lie to cover it up after they find out about the problem and continue manufacturing whatever it is until forced to stop? Well, would they do that if it was really, really profitable? Could that happen in our great nation?

The trouble with the people who write The Wall Street Journal‘s editorial page is that they never read their own newspaper, which still does the best job of business reporting anywhere. Business interests have done a splendid job of vilifying trial lawyers and pretending the only people hurt by limiting the right to sue are trial lawyers.

Look, the trial lawyer is not the one in a wheelchair after a roof-crush rollover leaves someone paraplegic. Do you drive a car?

Categories
Cover Feature News

Saving Libertyland

Libertyland, the amusement park that has operated in Memphis for 30 years, is officially closed. In November, the Mid-South Fair’s board of directors (which controls the park) voted to cease Libertyland’s operations, citing several years of financial losses. Libertyland’s equipment was to be sold, including two rides on the national register of historic places — the carousel and Elvis’ favorite roller coaster, the Zippin’ Pippin. A headline in the Memphis Daily News warned, “The Chopping Block Looms.”

But before the ax hit the chopping block along came a group of activists calling themselves Save Libertyland — a classic Memphis mix of quixotic idealism, persistence, and legal ingenuity. Due to their efforts, and to recent legal action by the city, Libertyland may have life in it yet.

The Wipeout

Libertyland sits on the Mid-South Fairgrounds, a piece of public property that the city is eager to revitalize and re-imagine. “It is really the nexus between East Memphis and what is going on downtown,” says Robert Lipscomb, Memphis director of housing and community development. “I think it’s underutilized and potentially has much greater value. Our job is maximizing that asset.”

Lipscomb organized the Mid-South Fairgrounds Re-Use Committee, which was assigned to study the area. On November 4, 2005, the committee viewed six scenarios drawn up by the architectural firm Looney Ricks Kiss. The scenarios were designed to provide integrated residential, commercial, and public space, with an eye to revitalizing the land while preserving some of its history.

The committee chose scenario number five, with its large green space, small-scale retail, and 40-plus acres for sports and recreation, as the “highest and best” use of the land. That scenario did not include Libertyland, the Mid-South Coliseum, or the Mid-South Fair. While the committee’s decision was not binding, it was intended to guide the City Council in making its final decision on the property. That same day, in a decision board members later said was unrelated, but which, due to issues of leasing, was inextricably linked, the Mid-South Fair board voted to close Libertyland and liquidate the rides and equipment.

“We did not have good luck with Libertyland, though we operated it for a good while,” says board president Eugene Smith.

Rick Winchester, a board member and former board president, elaborates: “We had been losing money for several years, but we still believed in what we were doing and in the value of Libertyland to the community. Sadly, it was no longer attracting the numbers of people we needed to make it work.”

Winchester says that it was something of a Catch-22 for the board: Revitalizing the park required investing in new rides. To invest in new rides, Libertyland needed a substantial loan, and to secure financing for such a loan, a park operator would need a long-term lease, something the city had been unwilling to grant.

Winchester told The Commercial Appeal that the “lack of support from the city had a lot to do with our recommendation to close.”

The Rebellion

Save Libertyland met for the first time on November 11th. In attendance among the half-dozen or so interested parties were Midtowner Denise Parkinson, local filmmaker Michael McCarthy, and University of Memphis law professor Steve Mulroy. They became the core trio that would energize and devise the group’s plan of action.

“We were thinking about different things,” says Mulroy. “We wondered if Libertyland could be viable with a long-term lease. We thought if the city won’t listen to reason, can we at least save the historic rides?”

The group began by organizing protests and benefits and collecting signatures for a petition to save the park. They joined forces with the rock group the Zippin’ Pippins, which staged benefit concerts in support of their namesake.

McCarthy was ubiquitous, from protests outside Libertyland to town-hall meetings and late-night rock shows, keeping his camera rolling and needling questions and comments at anyone who would listen. “This city is out to destroy its own history,” he says. “Maybe they should build a new ride at the park called the Land Developer, where the tracks disappear behind you.”

Save Libertyland also had help from Nick Davis, who runs the local interest Web site DetourMemphis.com. Davis kept a blog, with updates on the group’s progress and events. He also hosted the group’s online petition.

Soon, a few local politicians, including City Council members Carol Chumney and Dedrick Brittenum, expressed support for the group.

But despite Save Libertyland’s best efforts, the group was unable to get responses from the city or from the Mid-South Fair board. “With the Mid-South Fair, it was ups and downs and conflicting stories,” says Mulroy. “We eventually came to feel we didn’t want to rely on anyone. They told me the groundwork for the auction was being laid, and the situation began to look grim.”

The Revolution

Two events turned the tide for the Save Libertyland campaign. The first was when the group made contact with officials from two companies that specialize in turning around failing theme parks. The second was when they managed to stop the auction of Libertyland’s equipment.

Robert Barnard is chief operating officer of T-Rex Entertainment, which has reinvigorated two failing parks, one in Washington state and another in Detroit. (The other theme-park developer contacted by Save Libertyland is choosing to remain anonymous at this stage of negotiations.) Barnard says he contacted the city and the Mid-South Fair board to discuss a possible offer on the park. The first person he talked to was Pete Aviotti, special assistant to Mayor Herenton, and a member of the Fairgrounds Re-Use Committee. Barnard says Aviotti told him that the fair had a lease on Libertyland. This was later discovered to be incorrect.

Barnard says he then spoke to Ron Hardin, the fair’s former general manager, and to the fair board’s president, Smith. Both discouraged him, saying that the board had settled the issue in November. “I called Mid-South Fair and offered to lease the property for $10,000 a month with the option to purchase, while we looked for a new site if necessary,” recalls Barnard. “Dr. Smith said that was not an option, that they were getting out of the business and liquidating their assets.”

But Hardin was quoted in The Commercial Appeal in November as saying, “If someone wanted to hop in there with a bunch of money … and try and get Libertyland open, we would absolutely talk to them about leasing or purchasing the equipment.”

Smith may not have informed other board members about Barnard’s offer. When the Flyer asked fair-board vice president Belinda Anderson about potential investors, she said, “I haven’t heard about these offers. But I’m sure if someone came with a check and was ready to go, the board would at least be interested.”

The issue of who holds the lease was officially cleared up later that week. The fair’s 10-year lease had expired in 1996. According to Aviotti, Libertyland has been allowed to operate since then without a lease. Aviotti now says that the city will at least consider offers for a long-term lease. Both Barnard and the anonymous developer are preparing letters of intent for the city.

The second, and perhaps greater, accomplishment of Save Libertyland was stopping the equipment auction. In a piece of clever legal maneuvering, Mulroy asked whether the city might have a legal stake in the rides and equipment that were being put up for auction.

Soon after, the city announced that its legal department is looking into which rides are owned in part or in toto by the city. A city ordinance says it is illegal to sell park property without the express permission of the City Council.

“We’ve managed, at least for now, to gum up the works of those who are out to destroy Memphis history brick by brick,” says McCarthy.

The Future

The future of Libertyland is still far from certain, but the Save Libertyland campaign has stopped what seemed to be preordained dominos from falling. By attracting investors, the group was able to provide two of the prerequisites Rick Winchester said would be necessary for saving the park: an influx of funds and the possibility of a long-term lease from the city.

And by stalling the proposed auction, the assets of Libertyland will remain in place while the lengthy process of determining the fairgrounds’ future unwinds in the City Council. It is clear that the 140 acres of land under consideration will be hotly contested. Several significant proposals have already come along, most notably the KROC Center, funded by a $48 million grant.

But Save Libertyland has at least given the park another chance. And by attracting investors, the park embodies one of the Looney Ricks Kiss guiding principles (#20): that site features be self-financing.

Libertyland actually meets many of the LRK proposed Master Principles. It is a public amenity (#1) which broadens the scope of the fairgrounds (# 3). It helps to cultivate civic pride (#5) and maintains the historic character of the grounds (#7).

At a City Council meeting last week, Cato Johnson, chairman of the Fairgrounds Re-use Committee, spoke about Libertyland: “If there was a viable proposal, we would entertain that. Right now, we have nothing to evaluate, but it’s not outside the realm of possibility.”

Other developers are interested in the property, whether for mixed-used office space or student housing, but Johnson says they have received nothing definite. “No one has come and said we want to put this type of housing here,” he says.

Lipscomb and Robert Fouche, city parks services director, are expected to report on funding sources for potential developments on the fairgrounds in April.

“If people want to see Libertyland stay, now is the time to act,” says Mulroy. “Call the mayor. Call your councilperson. Let them know you think Libertyland is a vital piece of Memphis.”


Off To See the Wizard

Who are these people and how did they do it? by Mary Cashiola

Denise Parkinson, Michael McCarthy, and Steve Mulroy are as disparate as Dorothy, the Tin Man, and the Scarecrow in The Wizard of Oz.

A housewife, a filmmaker, and a law professor are the driving force behind Save Libertyland, founded after the Mid-South Fair voted to close the park in November.

“She’s the ringleader,” McCarthy says of Parkinson. “She started it all.”

Parkinson, an energetic activist, says she takes her kids to Libertyland every summer. “It’s so much fun,” she says. “It’s small enough that you don’t drop from exhaustion. … We have the best of both worlds here. We have a wonderful theme park that’s actually manageable for a family, economically and in every way.”

But Parkinson is also concerned about the overall effect of the closure on the community.

“I saw this happen in Little Rock, where they closed this little kiddie park. Then they started closing down all the summer jobs programs and the community centers, and so we had this gang-activity spike,” she says. “[When they closed Libertyland] I was like, here we go.”

McCarthy had been working on a documentary about the Zippin’ Pippins, an all-girl band named after Elvis’ favorite roller coaster. Then Libertyland closed and McCarthy found he had a new project.

“I was copied on an e-mail from [Parkinson’s sister] that said I was making a documentary on Libertyland. I always do what she asks, so the next thing I knew I was making a documentary about Libertyland,” he says.

The trio gelled at a meeting at McCarthy’s house.

“I saw an article in The Commercial Appeal about the attempt to save Libertyland,” says Mulroy. “My kids are big fans of it and I thought it was a worthwhile cause. My wife said, why don’t you offer to help? … I think after [Parkinson and McCarthy] found out what I did for a living, they started pushing me toward a more prominent role than I had originally anticipated.”

Since its inception, Save Libertyland has focused on the number of jobs — many held by teenagers and first-time employees — that will be lost. But at issue, they agree, is much more than that.

“It’s a quality-of-life issue,” says Mulroy, “because it’s a place for familes to go to do something unique. It’s part of Memphis’ history and culture. It’s affordable: Working-class families can go. And if we replace it with generic town-homes, Memphis becomes a little more generic and a little less family-friendly.”

“Totally,” says Parkinson, and laughs. “What he said. He’s our brain.”

Rick Winchester, former president of the Mid-South Fair board and current executive committee member, has said it would take three things to save Libertyland: an influx of capital, a long-term lease, and political support from the city and the county. Assuming that’s true, Save Libertyland has found some success and, perhaps unexpectedly, even seems to have a chance of saving the park.

Early on, Parkinson and her sister began e-mailing amusement-industry insiders and “anyone we could think of,” says Parkinson.

Because of their attempts, the group has met with T-Rex Entertainment, a theme-park company out of Kansas that is interested in the property, as well as another operator — still unnamed publicly — with 30 years in the business.

“I think the prospects are reasonable because there have been a couple of significant developments,” says Mulroy. “First, the two outside amusement-park companies have expressed interest, and both these companies have track records of saving ‘failing parks,’ what they call turn-arounds.”

Even before Libertyland closed, however, the issue of a long-term lease was a problem for its operators.

“There’s been a little movement on the city administration’s part because they’ve gone from an initial position of where they would only grant a one-year lease to where they’re willing to talk about a long-term lease,” says Mulroy.

Save Libertyland estimates a new company would need about eight years to recoup its investment in the park.

“We need a long-term commitment from the city to support this,” says Mulroy.

If Save Libertyland lacks anything, it may be political clout. Parkinson and McCarthy both have a radical streak, and Mulroy, though a candidate for a County Commission seat, is no political insider.

In fact, if Parkinson is Dorothy, Mayor Willie Herenton is the ever-elusive wizard.

“Robert Bernard of T-Rex Entertainment got in touch with us because he had — on his own — tried to contact the mayor,” says Parkinson. “The mayor never responded. The mayor still won’t address this issue.”

And because the mayor’s signature is the one on the lease, he’s the one Parkinson wants to talk to. “He is the leasing authority, so if he doesn’t want Libertyland fixed up, he can kill it,” she says.

And though Save Libertyland has gathered hundreds of signatures on paper and via Internet petitions, Libertyland’s actual land is very important to the city.

Last week, architects presented possible scenarios for the re-use of the 170 acres around the fairgrounds to a City Council committee. The property includes the Liberty Bowl, the Mid-South Coliseum, Fairview Junior High, and the area where Tim McCarver Stadium once stood. The only entity on the property that puts money into the city’s coffers is the monthly flea market. During the meeting, members of the Fairgrounds Re-Use Committee were careful to point out that Libertyland was still — at least, in theory — a viable option. But the land is important to the city’s master plan.

“This is the nexus of East Memphis and the western part of the city,” says Robert Lipscomb, city chief financial officer. “The Highland Strip is being redone in the U of M area. That area flows into the arts district, which flows into the medical center and downtown. This is a key part of the redevelopment of the core city and downtown.” Save Libertyland counters that the park is consistent with whatever happens to the fairgrounds.

“Libertyland is compatible with a recreation area. It’s compatible with mixed-use development,” says Mulroy. “There’s plenty of room for all of that, and you can still retain Libertyland.”

“We don’t want a scenario where the Mid-South Fair sees Libertyland as a cash cow,” says Mulroy. “The auction probably would have occurred already if we hadn’t slowed them down.”

The city attorney’s office is currently exploring who owns the rides and assets of Libertyland and is expected to present a legal opinion to the City Council within the next few weeks. Because the Zippin’ Pippin and the carousel existed on-site before Libertyland was created in 1976, it seems certain that the Mid-South Fair cannot claim ownership.

“So many people have almost an embarrassment about Libertyland. It’s just, ugh, it’s not good enough, or let’s get rid of it,” says Parkinson. “It was run by a nonprofit, so they didn’t have the mindset of let’s make this the best park in the world. We’ve found people who do have that mindset.”

“If you look at where we started and where we are now, it’s an incredible improvement,” says Mulroy.

Categories
Music Music Features

Rice Returns

Action hero turned guitar virtuoso Steven Seagal, rapper Insane Wayne, Arkansas rocker Chase Pagan, and indie band Chess Club: It’s a motley crew, but all four acts have been keeping the folks at Young Avenue Sound busy. In January, Segal completed a blues album (engineered by Jack Holder) in Studio A, while Insane Wayne and The Drum Squad brought in Project Posse‘s Nick Scarfo for various projects, including an upcoming Gangsta Boo album.

Chess Club’s debut, recorded by Jeff Powell, will be released this spring or early summer on Young Avenue Sound’s in-house label, Memphis Records, says studio manager Cameron Mann. Meanwhile, Kevin Cubbins is wrapping up sessions with Papa Top’s West Coast Turnaround.

What’s next? Major renovations of Young Avenue Sound’s Studio B. “When we first opened, Studio B was an afterthought,” Mann says. “We had extra gear and available space, so we built a really simple, digital room. Now we’re getting more business from bands who find Studio A too big, too intimidating, and too expensive, so we’ve decided to add character, build some acoustic panels, and ‘vibe out’ the room more.”

Mann hopes to recruit former Easley-McCain Recording co-owner Doug Easley to help with the project, which, he says, will be a “significant” overhaul of the space.

“We’re going to put in glass windows, enhance the acoustic quality, and just make the room feel better,” he explains. “We’d always hoped that B would be a place that indie bands would find comfortable and affordable. And now we’re working to create the environment they need.”

The studio is also pursuing a development deal with Augustine (Cubbins is currently in pre-production with the group, Mann reports) and finishing production on an upcoming EP by local rockers This Is Goodbye, produced by Ross Rice and engineered by Kevin Houston.

This week, Memphis Records is also releasing, Dwight, the long-in-coming follow-up to Rice’s 1997 release, Umpteen. Recorded with Steve Selvidge, Harry Peel, and Brad Jones at different studios over the course of the last 30 months, and eventually mixed at Young Avenue Sound, the album will finally see the light of day at Rice’s record-release party at Young Avenue Deli Saturday night.

The March 4th show is just one of many local appearances for Rice, who will also perform with FreeWorld at Blues City Café on Monday, March 6th, play at Two Stick in Oxford, Mississippi, on Tuesday, March 7th, and play a reunion gig with his former band, Human Radio, at The Blue Monkey on Saturday, March 11th.

Dwight is finally born after a lengthy gestation,” Rice says via a phone call from his current home of Rosendale, in upstate New York.

“We started it awhile ago and ran out of money, which isn’t unusual,” the former Memphian explains of the project. “I got back into the studio early last summer, and got [Young Avenue Sound owner] Don Mann to help me finish ’em and print ’em up.

“It’s pretty exciting,” he says. “There are new paradigms — things like MySpace, which has helped me network with people in a way I couldn’t have imagined five years ago. Umpteen was on E-Squared, Steve Earle‘s label, and we had distribution. I’m not sure how to do that now, so I’m playing things by ear.”

Rice says that he has modest goals for Dwight — the first of which, he says, is to finally get the CD out there.

“I’m in my early 40s, and my wife says I’m handsome, but I realize that part of the business isn’t open to me. That radar doesn’t exist for a lot of us,” he says of the mainstream music industry. “But I have several friends in groups that are signed to major labels, and, to a man, they’re miserable.”

In Rosendale, he explains, he works as “a musical odd-jobs guy,” playing in five different groups, producing at various studios, and gigging at assorted shows.

“I really do miss the cultural collision of Memphis,” Rice says, although he admits that, as a pop musician, saying he’s from Memphis hasn’t done him any favors. In fact, without a strong signature of traditional Memphis music in his sound, he often gets puzzled looks whenever he tells people that he’s from here.

But Rice maintains his work ethic is all Memphis: “From my experience in local studios, everyone blows in at about noon or one and grabs a cup of coffee or a smoke. They circle around the music for hours, and then, suddenly, they’ll pounce and record. It’s very different from Nashville or anyplace else, but it’s an environment I’m always trying to recreate.”

Categories
Music Record Reviews

Record Reviews

Country royalty mourns Johnny, June, and Vivian with an angry,

lively, personal testament.

Rosanne Cash’s recording career began back in 1979 and can be neatly divided into halves — fairly conventional, hit-making Nashville princess (1979 to 1989) giving way to literate, reclusive New York City singer-songwriter (1990 to the present). The bright dividing line of these two personas is Interiors, Cash’s widely praised 1990 album about the painful breakup of her marriage to Rodney Crowell. The constant throughout is Cash’s seductive, husky voice.

Interiors is still great, but Cash’s early country hits — “Seven Year Ache,” “I Don’t Know Why You Don’t Want Me,” and “Tennessee Flat Top Box” (a remake of her daddy’s hit) — have aged better than the songs on 1993’s The Wheel (which was the start of a 10-year layoff). All this is to say that the news that Cash’s new album, Black Cadillac, deals directly with the death of father Johnny Cash, stepmother June Carter Cash, and mother Vivian Liberto Cash Distin is welcome though perhaps tinged with trepidation. How sad and introspective is it going to be?

Well, Black Cadillac is sad and introspective but also angry, lively, and personal; you could easily read it as Cash’s attempt to wrestle her family’s memory from Walk the Line and opportunists looking to make a buck. The searing “The House on the Lake” pretty much says that her history isn’t for sale. The blues-rock beat of “Burn This Town” gives way to the sweet dulcimer and sweet sentiment of “God Is in the Roses.” The gorgeous, ethereal “Like a Wave” begins with “My memory is filling with smoke/It’s such a relief not to know” and grows more mysterious and powerful from there.

The album is bracketed by Johnny Cash gently prodding the young Rosanne to speak into a studio microphone. The Man in Black haunts this record, and it’s a testament to his daughter that she honors his spirit while at the same time making her grief, pain, and confusion compelling and vital listening. — Werner Trieschmann

Grade: A-

The Believer

Rhett Miller

(Verve Forecast)

For a half-dozen years from the mid-’90s to 2001’s career-best Satellite Rides, Old 97’s frontman Rhett Miller was one of the planet’s most underrated songwriters. But this marks the third record in a row, either solo or with band, that Miller hasn’t been able to find the crackle and focus of his best work. Miller’s more orchestrated in a solo setting, but this collection of literate love songs is still plenty hooky even if Miller cheats a little: He repeats “Question” from Satellite Rides (which fits) and unearths onetime Old 97’s bonus track “Singular Girl,” a great song that deserves more exposure. (“Singular Girl,” “My Valentine,” “Delicate”) — Chris Herrington

Grade: B

Standing in the Way of Control

The Gossip

(Kill Rock Stars)

What does an honest, political punk album sound like in the second year of a second Bush term? Less like revolution than reassurance. Not we shall overcome, but we shall stay alive. “You’ll find your place in the world, girl,” Beth Ditto promises. “Survive the only way that you know,” she urges. And with guitarist Brace and new drummer Hannah Blilie behind her, Ditto preaches to the choir with soulful, sincere, surging garage anthems; spare industrial funk that never stops pounding and popping; and the powerhouse pipes of a Dixie-fried Corin “Sleater-Kinney” Tucker. (“Fire, Fire,” “Your Mangled Heart,” “Keeping You Alive”) — CH

Grade: A-