Alamogordo Proud: Alamogordo High School Athletics A Look Back Title IX 1975 Girls Track and Field

Alamogordo High School was one such school system that progressively moved forward with implementation prior to the full Federal rules rollout. The first regulation stipulating the procedures for the implementation of Title IX was not released until June 1975. Some schools began interpreting and implementing Title IX prior to June of 1975.

Title IX of the 1972 Education Amendments required schools to provide equal access to all school activities, including, perhaps most controversially, sports. Thus, began a transformation that has moved girls from the sidelines—cheering on the boys—onto the playing field.

Title IX’s applicability to sports has been referred to as “the most visible gender controversy of the past forty or fifty years.” Title IX brought a sea-change to sports participation through its expansion of opportunities for young girls. While millions of high school boys played sports, organized high school sports for girls was a relatively obscure activity with fewer than 300,000 girls participating the year that Title IX was passed.

In Alamogordo beginning with the 1972/73 sports season dialog about girls’ athletics at Alamogordo high and how Title IX would be implemented jumped to full swing. The goal was to transition GAA programs into interscholastic programs and sports began that migration with others to follow in subsequent years.

However, no sport garnered as much press at its launch, community hype and support as did girls track and field and cross country under the leadership of Coach Marilyn Sepulveda and in the 1974/75 season her girls brought home a state trophy.

Money or spending on girls’ athletics, of course, was a topic of a lot of dialog during this period. Prior to the passing of Title IX, girls’ sports were operated in Alamogordo by the PE department under guidance of GAA, as a club. As such the girls had to fundraise to get the equipment, uniforms etc. needed. In a discussion with Ms. Mary Sittle, who along with Ms. Margaret Rutz who assisted with coaching and GAA programs in the 60’s; each mentioned the girls would do car washes, bake sales etc. to raise funds for the girl’s athletic programs. They said, “it was not uncommon for the money raised by the girls to then be diverted by the system at the time to boys’ activities,” an unfair and unethical concern.

Margaret Rutz was so concerned about funding equity that while at the state department of education in the 1970’s, she led a state survey into spending inequity and presented it to the State Board of Education.

Aug 5th, 1973 Alamogordo Daily News Headline: “Boys Get 16 Times More than Girls”

“A Department of Education survey shows New Mexico public schools spent about 16 times as much on boys’ athletic programs as they did on girls. The survey conducted last spring was presented to the State Board of Education by Margaret Rutz (former Alamogordo High School Girls PE Director) of the department staff.

Ms. Rutz said the surveys were sent to all public junior high and high schools in the state and responses were received by 82%. She said 165 schools that responded spent $1.7 Million on boys’ interscholastic sports for 1972/73 and $119,700 on girls’ interscholastic sports. Ms. Rutz said 165 schools reported almost 27,000 boys participated in interscholastic sports and 9,700 girls.

She said the survey figures indicate $63.86 was spent on each boy participant and $18.68 for each girl participant. Intramural programs were not included in the survey.”

Regardless of the spending inequity, times were changing, and so Alamogordo High began the roll out of interscholastic girls’ sports…

Alamogordo Daily News; June 5th, 1974, Byline: Randi McGinn: “Alamogordo Girls Will Be Competing in Five Sports”

“A big step for the Alamogordo school system…and a giant leap for women’s athletes.

That statement would characterize the proposal to have Alamogordo High School girls compete interscholastic in five sports…

After a long struggle with finances and public attitudes Alamogordo is taking a big step forward with what High School Athletic Director Glen Markham believes will be one of the best female athletic programs in the state…

Ladies in 9 to 12th grade now can compete in tennis,

volleyball, gymnastics, track and basketball whereas the only interscholastic program offered to girls the previous year was gymnastics…

A good part of the program is funded by gate receipts from basketball and football. Markham anticipates the first couple years or so the community will have to get used to the idea of women athletes, and then they will get behind the girls and start supporting them like they do the boys programs.

“Then the only obstacle in the way of a successful girl’s athletics program is the women themselves. Girls have to be trained for athletics;” Markham said. “They have to be willing to give up the weekend date with Bill to play in a tournament or practice. The athletic director predicts because of this lack of teaching girls to think athletically that the junior and senior girls of next year will not be as interested or willing to participate in the program as girls who are coming up.”

He said the new program would eliminate the GAA program which had previously been serving the needs of girls in grades 9 through 12.

GAA served more as a part time athletics basis, where girls practiced a sport maybe once or twice a week and then everyone competed together on field days against other schools. This is opposed to the new program where girls would have daily scheduled practices. The meets against other schools will operate on a varsity and junior varsity system where top players will be assigned to the varsity team.

Coaches for the new interscholastic girls’ programs will assist each other but their primary roles are Francis Stirman Basketball, Marilyn Sepulveda Track & Field, Cathy Price Tennis, Marsha Fiffer Gymnastics and Kay Morgan Volleyball.”

The Alamogordo girls were determined to prove their worth their first year as an interscholastic team led by Marilyn Sepulveda. Over 60 girls signed up for the 1st Interscholastic Girls Track Team to include Houghtslin, P Patterson, J Mancillas, R Pena, P Valle, J Serna, Christy Morgan, M Crawford, Doris Sandoval, Michela Maitland, L Law, C Sandoval, Michela Maitland. Middle Row: M Bennett, J Hall, C Groce, Mary Rodgers, C DeBoo, Donna Crockett, K Guerrero, D Scroggins, D Greenwood, J Lasamana, C Bridges, D Gatton, L Busick, S Sarmiento, S Thompson, A Dennis, D Perea. Top Row: Linda Beavers Manager, C Crawford, G Van Gilder, S Hluchanek, G Steward, P Coleman, J Laseter, Jacque McCarty Manager, C Whitesell, R Fatheree, Margaret Montgomery, C Beckett, Phyllis Fouts, Yanaka Pearson, W Tucker., D Gardner, Anita Floyd, C Frederick, R Kelsey, Jan McCarty, Vickye Murray, S Turning, P Whitehead, K Furr, Carolyn Patterson, V Keller, Julia Fultz, C Fawvor, S Pearson, and R Turning.

As the 1974/75 season progressed Alamogordo and Estancia made the strongest showings in their respective divisions the media reported. Media around the state to include significant coverage from newspapers and television in Northern New Mexico were focused on the Alamogordo Tiger Girls…

  • · Connie Wagoner, Carolyn Patterson, Parla Whitehead, Julia Fultz, Alamogordo, best qualifier 440 Relay state record record 50.6, old record, 51.0
  • · Connie Wagoner, Long Jump, new record 17-3 ¾ old record 17.0
  • Julia Fultz, Alamogordo, 100 Yard Dash, 11.4 new record, old record 11.7
  • · Julia Fultz, Alamogordo, 220, 25.8 new record, old record 26.0

Portales News Tribune, NM, May 11, 1975

Headline: “Alamogordo Tigers Capture 2nd in State Track Meet, Clovis in First”

Clovis and Estancia rolled to state titles in the Class AA and Class A girls’ state track and field championships behind powerful performances in relay events.

Alamogordo placed second behind Clovis followed by Del Norte in 3rd, Roswell in 4th and Cibola in 5th place.”

State Medalist Included:

  • Connie Wagoner, Vanessa Keller, Carrie Bridges, Parla Whitehead, 2nd Place, 880 Relay, 1:48.0
  • Connie Wagoner, Carolyn Patterson, Parla Whitehead, Julia Fultz, 3rd Place,
  • 440 Relay,50.6 Stella Thompson, 5th Place, 440, 63.1
  • Parla Whitehead, 6th Place, 440
  • Carolyn Patterson, 5th Place, 80 Hurdles ,11.5 Julia Fultz, 1st Place, 100 Yard Dash, 11.1 State Record
  • Connie Wagoner, 5th Place, 220, 26.4

o 2nd Place, 220, 25.8

o High Jump, New State Record 17-3¾

o 5th Place, Long Jump, 17-4½

  • Julia Fultz, Patterson, Chris Morgan, Parla Whitehead, 6th Place, 880 Medley

The Alamogordo Girls Track Team under the direction of Marilyn Sepulveda set records and a standard for girls and served as an example to the boys’ athletics program within Alamogordo High School. The Tiger Girls of this team were pioneers in demonstrating the potential of Title IX and demonstrated they took sports seriously under Marilyn Sepulveda’s leadership. Yes Mrs. Sepulveda still worked hard to instill the lessons of sports as means to grow self-awareness, a positive spirit and self-esteem.

An article titled “Tiger girls set a tough record for future teams to meet’‘ by Stan Green in a late May edition of the Alamogordo Daily New explained…

“Marilyn Sepulveda’s Tiger Girls set a track record this year that future Tiger Girl Teams will have trouble shooting down. The girls showed spirit, teamwork, confidence and grace. They compiled 519 points in 6 meets, racked up four 1st Place meet trophies and 2nd Place chunks of scrap iron including a 2nd Place in the New Mexico State Track Meet…”

The Alamogordo Tiger Girls Track team under its present Coach, Jason Atkinson, continues the traditions of the 1970’s in girls athletics; a tradition of winning, positivity, and teamwork, that these pioneering women accomplished. The Tiger girls of today run on the backs of history.

Today’s Tiger Girls Athletes compete with a program that was established with a strong reputation and recognition early on, and recognized statewide that it was a team; not to be underestimated.

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Changes for the Democratic Party of Otero County New Mexico, An Interview with Monica A Davalos and Brianna Martinez

A new generation of party leadership is on the horizon for the Otero County Democratic Party. The Political Climate in Otero County, New Mexico is Strongly conservative. In Otero County, New Mexico 36.0% of the people voted Democrat in the last presidential election, 61.6% voted for the Republican Party, and the remaining 2.4% voted Independent. Otero county voted Republican in every Presidential election since 2000.

Per the Federal Election Commission during the years (2018-2021), there were 3,488 contributions totaling $114,439 to the Democratic Party and liberal campaigns, averaging $33 per contribution
in Otero County, New Mexico. During that same period, there were 837 contributions totaling $229,584 to the Republican Party and conservative campaigns, averaging $274 per contribution.

What does campaign contributions in Otero County tell us? The Democratic Party had a more engaged grassroots small donor base during the 2018 to 2021 election cycles in Otero County. The Republicans of Otero County raised significantly more money by via a significantly lower number of contributors. 

Experts in political science view party campaign contributions as a gauge of party power rather concentrated to a few or more widespread. Based upon the financial contributions within Otero County, it would appear power is concentrated within the Republican party.

The Republican base in Otero County controls every elected city and county seat except for one city Commissioners seat, thus there is a stranglehold on power, with one party rule. The one-party rule is further interesting to review from a viewpoint of a family tree. 

If a family tree were drawn of who is related to who in Otero County, New Mexico and holding appointed and elected offices; the tree would show a concentration of just a few families controlling most elected offices within the County. Cousins, sisters-in-law, sisters, brothers-in-law, nephews and aunts with the responsibility of oversite of family members within the bureaucracy of Alamogordo City and Otero County Governmental bodies. 

When one looks at the larger bundling of donor dollars and direct donations supporting those campaigns of Republican insiders, one also sees the small concentration of power, and political money, pulling the strings and influencing the dialog of local government. 

Whereas the Democratic donor numbers show a higher percentage of Democrats engaged in financial support and a more broad-based level of small donor financial commitment than within the local Republican Party.

That larger donor base of the Democratic Party and higher percentage of donor engagements by the Democratic Party shows a party of small donors wanting to be engaged. Thus recent actions by the Otero County Democratic Party to restructure the party are a logical next step for the minority political party.

AlamogordoTownNews.com met with Democratic Party Chairman, Jeff Swanson today for a conversation on the state of the local party, what is it up to and what are the plans of 2023 and beyond.

Mr. Swanson explained to us that the party in collaboration with the State Democratic Party was revamping to a more grassroots approach. In Otero County that has meant that the party has drawn Wards. A ward consists of several precincts and wards were drawn to include like characteristics, such as demographics and geography. The leadership team within the party and collaborating with the state “drew what amounts to 10 wards within Otero County.”

Within each of those wards is a leadership and engagement structure, getting the party closer to the voter or more “grassroots in engagement going forward” per Mr. Swanson.

With this reorganization, the party has been engaged in restructuring, taking an inventory of its strengths and weaknesses, and crafting, a go forward blueprint, to engagement.

Now that the wards were created and approved, the party is now engaged in a 2-prong process of electing new leadership. 

Part one of the party engagement occurred this past weekend, with an election of ward chairpersons, and Central Committee Delegates for each Ward.

The elected Ward Chairs include…

  • Ward 1 – Donalyn Torres
  • Ward 2 – Raul Espino
  • Ward 3 – Joann Vullo
  • Ward 4 – Denise Lang-Browne
  • Ward 5 – Claudia Powell
  • Ward 6 – Gerardo Martinez
  • Ward 7 – Donna Swanson
  • Ward 8 – Glenn Melton
  • Ward 9 – Henry Madrid
  • Ward 10 – Arthur Alterson

The next phase of the process is to elect the Otero County Democratic County leadership and State Central Committee members. Those elections will be held March 25th by the County Central Committee members selected by the ward elections above. Each ward is represented by a chairperson and member delegates based upon a population formula of active registered Democratic Voters within that ward.

In speaking with Mr. Swanson, he expressed his appreciation to the party and the community for allowing him to serve in leadership within Otero County. He said, “now is the time to pass the baton to new leadership. It’s time for a new generation of leaders to carry forward.”

As such there are two candidates that have been nominated by the party members to potentially take the gavel from Mr. Swanson in a few weeks. The two candidates represent a younger and more diverse look to party leadership. The two candidates seeking the Otero County Democratic Party Chairperson’s role are Monica A Davalos and Brianna Martinez.

Following a similar format as we have done with the general elections in Otero County, we sent 4 questions to each of the candidates to allow them to explain either via a statement or direct answers to the 4 questions. We were seeking questions to why they were seeking their party leadership position and what were their goals if elected.

The questions submitted to each candidate were…

  • Why do you want to be chairperson?
  • You represent a new generation and perspective how will you lead differently than past leadership?
  • How will you mend fences with the fractures in the party?
  • What will be your top priority this next year?

What follows is the response from each Democratic Chair Candidate…

Monica A Davalos responded to AlamogordoTownNews.com with the following prepared statement…

“First, I congratulate Ms. Brianna Martinez on her Statement of Candidacy for Chair of the Democratic Party of Otero County (DPOC). It is refreshing to see a 21-year-old Latina. willing to step up to a large civic duty. I wish her the best. I also extend an invitation for coffee or lunch. I would like to have a chance to ask Ms. Martinez what she feels we both can do to further DPOC and discuss all the opportunities and challenges we have. before us. After all, we are all Democrats.

Next, I have some observations about how DPOC can be more receptive to all party Members.

The first time I was invited to a DPOC Zoom meeting was on Feb. 7. The current chair Mr. Jeff Swanson allowed a person who is neither a registered Democrat, nor a U.S. citizen, to help facilitate a meeting in which she verbally accosted multiple people who were Democrats. 

This meeting was quite chaotic and had no merit or substance pertaining to the current issues the Democrats face. There was no agenda, minutes, or business conducted. Many people left during the meeting. It was very discouraging.

When I announced my candidacy (Feb. 7), Mr. Swanson e-mailed all of DPOC and claimed such “a … takeover, if realized, with the populous cannabis farm lady in Tularosa as Chair, who knows nothing significant about DPNM nor has ever been to a DPOC meeting … Well the effect will be shut down opposition to the most radical Republicans here … and DPOC will likely become a dimwitted and weak faction.” I found this to be very telling given that Democrats fought so hard to legalize cannabis. And, yes, I am “the populous cannabis farm lady,” a proud cannabis producer. And I am proud of what the Democrats did for the cannabis industry and for the State of New Mexico.

My most recent observation was the March 4 Ward election. The Chaparral Ward Election was slated to begin at 6 p.m. However, the current Chair did not arrive until 6:30. The election was held on the side of the road in front of the Betty McKnight Center, which is on the Dona Ana side of the County. Questionable, isn’t it? Notice for these elections were given well in advance and there was plenty of time to arrange for the people of Chaparral to have a decent place to vote, rather than on the road at sunset.

We as Democrats have little room for mistakes, especially within our own operation. As of Jan. 31, 2022, Otero County had 9,941 people registered as Democrats compared to 16,439 Republican: 26,380 out of more than 37,000 voters. To win local elections, we need to register and turn out more Democratic voters. 

As a candidate to serve as Chair, I find it important to reach out to all of Otero County and start to reach beyond Alamogordo and involve La Luz, Chaparral, Mescalero, Bent, Tularosa, and other communities. It all begins with making contact and understanding what our surrounding areas need. We have such a diverse community of people that haven’t been invited to participate. We under-utilize our people and the power of the Democratic Party when a large part of our demographic is left out. We can and must do better for each of our neighbors.”

We then asked Ms. Brianna Martinez the same 4 questions we asked her opponent. Ms. Martinez’s response is as follows…

AlamogordoTownNews.com: Why do you want to be chairperson?

Ms. Brianna Martinez Response: “I care about the well-being of my fellow Democrats. I understand their core values, having worked within the party for years. I’d like to work to create a positive change. This is not a position I will take lightly as I don’t want this for the title, I want to be of service to the Democrats here in Otero County. I’m running in hopes that I get the opportunity to serve others and to make the achievement of the party goals a reality.

There is a lot of potential for a shift if we get involved a lot more in the community and increase our outreach. I have started to develop a plan on how to achieve this, which I will be addressing more in the future. It will take a lot of work and collaboration; however, I believe this is something that can be done, it will take a village, but we can and will do it.”

AlamogordoTownNews.com: You represent a new generation and perspective how will you lead differently than past leadership?

Ms. Brianna Martinez Response: “Because I do represent a new generation and bring a new perspective, I’m certain I will have different ways of leading than past leadership. What I will focus on is allowing everyone the opportunity to participate in a way that suits them. Our current Chairman, Jeff Swanson told me, “Learn everyone’s strong points, and allow them to use those strong points to do what they are best at and most comfortable with, everyone brings something of importance, but only if the organization empowers them”. With that, I know some have said the party needs more structure, I strongly disagree, let others come as themselves, all identities, races, genders, sexualities, ages,

ranging educational backgrounds, etc., and let them bring what they can to the table, and we can all learn and grow from each other. Let’s not just talk about being inclusive but be inclusive.

If I have the opportunity, I would like to bring a focus to the position that targets our younger Democrats in Otero County they are the ones who will be the leaders of tomorrow. I know that many of the younger and minority voters feel that on a national level that the Democratic Party is not progressive enough, or tries to appease our opposite number, the Republican Party. I will be sure, if elected as Chair, to not only uphold, but to be very clear about the importance of progressive ideas and policies, and why we do not need to accept the watering-down of Democratic values. The goal is to focus on Democratic values and getting them implemented. I will be sure that the Democratic Party of Otero County continues that message as it has for the last four years and will work diligently to make this statement better known.”

AlamogordoTownNews.com: How will you mend fences with the fractures in the party?

Ms. Brianna Martinez Response:” While I cannot force other members to mend their relationships with one another, all I can do is ask that they attempt to put all odds aside and start anew. I believe if these individuals have a true goal and passion to build the Democratic Party of Otero County and support the Democratic platform, this is not much to ask, and they should be able to do so. I personally am willing to work with everyone. However, I cannot allow the incivility of others to harm the progress and growth of the organization. It is up to individuals to behave in a civil and respectful manner as I cannot control their actions. The most I can do is lead by example, maintain order to the best of my ability and ask that individuals try to put their differences aside. The solution isn’t to ignore. the issue and hope it goes away, but to continue working for a good cause and hope others follow.

I will add, should there be any violations of the Code of Conduct, in which someone files a complaint against another member, that will be taken seriously, any-and-all members, would be held accountable if found to be in violation, no one is exempt from the consequences of their actions.”

AlamogordoTownNews.com: What will be your top priority this next year?

Ms. Brianna Martinez Response:” The top priority for the next year would be to increase voter outreach. Considering we have some very important elections coming up, I believe this is an area that needs a lot of attention. To go more in-depth, the goal would be to retain Democratic voters in Otero County, which can be done by expanding our outreach, being more visible in the community, reminding others we are here, and educating them on what values the Democratic Party holds. As mentioned earlier, I have started to develop a strategy to accomplish this goal, which I will discuss at a future time.

Thank you for the opportunity to participate in this interview and to introduce myself to those within the public who may not know me.”

AlamogordoTownNews.com and KALHRadio.org 95.1 FM appreciates the opportunity to engage in dialog with these two up and coming leaders within Otero County. Thank you, also to Jeff Swanson for the dialog today, and to better understand the process of change and evolution of the Democratic Party of Otero County.

Alamogordo Town News KALH Radio Anthony Lucero Reports Threats Against Susan Payne

The Mayor of Alamogordo Susan Payne receives threats and calls for her death as reported in a live interview with KALH Radio’s Anthony Lucero in a breaking news report.

The incidents began with tensions off the charts with protesters in front of Alamogordo High School from an extremist religious groups not from Alamogordo attempting to stir up hate and disrupting peace in front of the high school all last week.

Susan Payne as herself on her personal web page and not in any professional capacity as mayor posted a quote on Facebook clearly stating this is her personal page closed and open only to her friends and not official page.

Sunday the 15th Payne posted the following “don’t worry about the things you can’t control, sometimes you just have to pray, put it in Gods hands and leave it alone. Pray about it today and leave it alone, Amen.”

She followed it with this also applies to cop hating blue haired freaks who are desperate to be TikTok stars. Note per Anthony Lucero’s story no one was named. 

In an interview for Alamogordo Town News on KALH Radio by Anthony Lucero she explained “no one knows who I was talking about, it doesn’t matter, I didn’t put a name, assumptions were made.

A person by the name of Jenny Buckley per KALH Radio responded via a TikTok post, “It’s telling, that she is doing a lot more to —-talk me, one of her constituents then she is to deal with the hate group…”

However Susan Payne per her statement has been keeping watching the group and asking questions both as a private citizen and via her professional capacity though actions are limited due to constitutional limitations. 

Ms. Buckley implied Susan Payne has not been seen out there once defending the kids. However KALH reports in an interview with Mrs. Payne that to be untrue. Mrs Payne was out there but chose not to post photos ops of her visit. Per Susan Payne, “I did go out there again I’m sorry I didn’t do a photo op. I didn’t know that I needed to, I assure I was there and can prove I was there long before others.”

Note per Mr. Lucero’s reporting, Buckley is not the only blue haired critic of Susan Payne from the area. 

On the plus side Buckley did identify the protesters as Cry to God Ministries which appears to be nothing more than an hate group of the facsimile of the old Westboro Baptist Church that used to protest funeral of soldiers and gays and is nothing but hate with a new coat of paint. 

Like the Westboro folks the 1st Amendment does allow these freak shows to appear free speech is not always pleasant nor tasteful speech and there are limits to what law enforcement and citizens can do to block this display of hate. 

Sadly the flood gates from this have spiraled into hate at the local level with a few radical citizens also going after and threatening Susan Payne. There is no justification for hate directed toward Ms Payne and threats and phone calls as reported in Mr Luceros story on KALH are uncalled for. Civil dialog is a must for a civil society. 

Ms Payne received several unnerving and even some threatening voice mails, one voice mail called for her execution and another called her a Nazi sympathizer. For those that don’t know Mrs Payne she was born into the Jewish faith and her family practices elements out of both Christian and Jewish traditions.

Mrs. Payne has been working hard on this issue reviewing what legally the city can do. Mrs Payne though this interview with Anthony Lucero for Alamogordo Town News on KALH Radio further explained that  she was not speaking as the mayor but as a private citizen, in her professional role daily the nonprofit she leads ensures 196 at risk children are fed weekly, she works for domestic violence victims and helps with the homeless. 

The attacks on her are a concern for her and her grandchildren’s safety. Mrs Payne has grandchildren that attend Alamogordo High School, so she certainly cares about the safety or the kids enrolled there. 

Hear the complete interview and hear a few of the hate calls and threats made to Mrs. Payne and the complete story as reported by KALHRadio.org Anthony Lucero on the Alamogordo Town News on KALH Radioedition: https://open.spotify.com/episode/2qnYgevTBLPeeeMf7HxKMQ

To stay updated on live and breaking Alamogordo Town News with Anthony Lucero and information via KALHRadio.org live stream.

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U.S. Representative Gabriel Vasquez Representing New Mexico District Sworn In? Chaos in the House

A new congressional term began Tuesday as members of the 118th Congress were set to be sworn in while questions remain over whether House Minority Leader Kevin McCarthy can get enough votes to be elected speaker of the House.  

In a press release from U.S. Representative Gabriel Vasquez office and a post on his website; its confirmed that members were sworn into the United States House of Representatives January 3rd, 2023.  https://vasquez.house.gov/media/press-releases/taking-oath-office

However, constitutionally there would be a question to the legitimacy of a swearing in, if it occurred, prior to the election of a speaker. So not to pars words, so to speak, but each member at this point has taken an oath, however the official ceremonial swearing in of congress for the official record can’t officially happen without a speaker in place. 

The first official act of the House in a new Congress is to elect a speaker, and no other member of the House can be sworn in before that happens. The speaker of the House, in addition to deciding what comes to the floor for a vote, is, per the Constitution, second in line to succeed the president. The speaker is in line behind the vice president. Adding to the urgency, the chamber cannot move forward with any legislative business until a speaker is elected. No committees can be formed, no committee chairs or rules agreed upon and no legislation can move forward or any action by the House until a leader is selected.

At noon, the clerk of the House raised the gavel for the 118th Congress and call a quorum or call for the minimum number of members that must be present for business to be done.

Candidates for speaker are nominated by each party’s caucus or conference. 

On Tuesday, Democrats united placed New York Rep. Hakeem Jeffries’ name into nomination. Republicans as expected placed Kevin McCarthy’s name into nomination.

No rule requires the nominee to be an elected member of the House, according to Article I, Section II of the Constitution. 

Prior candidates nominated for the position who were not members of the House when they were nominated include former Sec. of State Colin Powell, Georgia politician Stacy Abrams and Sen. Rand Paul, R-Kentucky.

After nominations are offered, the speaker is elected by roll call vote. A candidate must receive a majority of the votes cast to become speaker. If all members of the House are present and voting, the majority is 218 votes.

If all the members are not present, it is a majority of the members present and voting who selects the speaker. If no candidate wins a majority, the roll call is repeated until a speaker is elected.

In 1849, the House was in session 19 days without being able to elect a speaker, with no candidate having received a majority of the votes cast. The House voted 59 times before it adopted a resolution that declared that the speaker could be elected by a plurality – the person who receives the most votes even if it is not a majority.

In 1856, the same thing happened except the House had 129 votes before declaring the candidate could be elected by a plurality.

Republicans faced a leadership drama as they took control of the House on Tuesday and the first of them governing the new house showed a house in disarray, upsetting moderates and many Republican donors across the nation. 

As the 118th Congress convened, the first order of business in the chamber was the election of a new speaker — and current Republican leader Kevin McCarthy is so far being stymied by a group of hardliners demanding concessions. The House voted three times for speaker and McCarthy could not garner the 218 votes required. In the third round of voting, 20 Republican lawmakers voted against McCarthy for speaker: the highest amount so far. Those votes went to Rep. Jim Jordan of Ohio.

In the first two rounds, 19 Republicans voted for a different candidate. Rep. Byron Donalds, R-Fla., voted for McCarthy two times before changing his vote to Jordan.

McCarthy received 202 votes in the latest round, making it the third time he’s trailed Democratic Rep. Hakeem Jeffries. Democrats had already elected Jeffries to be their caucus leader in the new Congress.

To win the gavel, McCarthy needs a majority of the members-elect who are present and voting. But because the GOP holds only a five-seat advantage, a small number of defections is stopping McCarthy from gaining the office he’s long sought.

The House can conduct no other business until a speaker is chosen. For the first time in a century, the vote is requiring multiple rounds and now, multiple days.  

An interesting fact: McCarthy has so far gotten fewer votes to be speaker in each round on Tuesday than he did when the last Congress convened in 2021. In 2021, when Republicans were in the minority, McCarthy got 209 votes from every Republican voting. In the three rounds Tuesday, with voting continuing, he got 203, 203 and 202.

So, for newly elected New Mexico Representative, Gabe Vasquez; he was a part of history and got to witness history as an active participant. Today showed just how messy the art of democracy can truly be. 

Change in Leadership at Community Public Radio KALH-LP Alamogordo, New Mexico to 2nd Life media Lydia Emmanual Productions Inc

Lydia Emmanual Productions Inc and 2nd Life Media Inc announced a partnership with the non-profit Southwestern Trails Cultural Heritage Association, owner of KALH Radio 95.1 and streaming at https://kalh.org/

Founded by Kenneth Bass the station has a reputation for excellence in music and hard-hitting community coverage via Spectrum New via Radio Personality Anthony Lucero. KALH was named Country Station of the Year (2012) by New Music Weekly Magazine (Nashville). However, the station while country focused plays more than Country. KALH plays New Country, Hot Country, Old Country, R&R Classic Oldies, R&B, MOR, Bluegrass, Western Swing, Big Band Jazz AND MORE. The biggest variety of music available on the radio, on the web or personal digital device live from Alamogordo.

The station, while nonprofit will be operated under a management agreement with 2nd Life Media and Emmanual Lydia Productions Inc. The new board President is  Emmanuel Renteria, Vice President Rene Sepulveda and Secretary/Treasurer Lydia Renteria, with a few community at large directors under consideration. 

Chris Edwards CEO of 2nd Life Media will assume the role of General Manager with the programing support of Anthony Lucero, and contributors to programming Lydia Aspen Renteria and Emmanual Renteria and a focus on sports and fitness in partnership with Rene Sepulveda. Chris Rollerson will continue the focus on Tularosa High School Football and Basketball broadcasts.

Under the new leadership the success and family traditions of the Bass family will continue to be honored front and center as a community focused nonprofit organization committed to the local community news and information along with quality music and entertainment. Tularosa High School Sports will remain a cornerstone to the sports lineup.

No major changes are expected at this time, excepting for an investment in some infrastructure to ensure long term sustainability and new equipment to sustain the 95.1 radio broadcast as well as live streaming.

Longer term the station will place a professional studio within the Sands Theater at 1017 New York Avenue in Alamogordo’s Historic Cultural Arts District with live streaming of music and special events “live from the Sands.”

With this upgrade the station will be partnering with local students at area High Schools, New Mexico State University and Seniors Organizations; creating opportunities for student and senior created shows focused on art, culture, history, music and the stories of the Tularosa Basin and the Heritage of Southwestern New Mexico. Spectrum News is being rebranded Alamogordo Town News and will continue with radio personality Anthony Lucero at the helm or programming and content.

KALH-LP’s mission is to continue the almost 2 decade tradition as a public non-profit radio station that will entertain, inform, challenge, inspire and engage our listeners through an eclectic mix of musical, cultural, educational and community affairs programming and related activities in collaboration with Alamogordo non-profit organizations, local news sources and small business partnerships.

The vision of KALH-LP, a main street, New York Avenue focused Community Radio station is for a truly local radio station that reflects the diversity of views, news, and talent in our community. Our goal is to have as much local programming as possible, including talk and call-in shows; public and community affairs; writers, and a wide range of voices and perspectives as well as continue to provide the finest variety of Country and a variety of other music platforms. The broadcast schedule aims to:

  • Provide information, news, and dialogue in partnership with AlamogordoTownNews.com
  • Address critical local concerns, such as education, the economy, and the environment
  • Profile local culture and diversity of talent
  • Remember, preserve, and tell the stories of local history
  • Recognize the rich natural beauty and resources of the region
  • Highlight live programs and remote broadcasts as a community radio station

In 2003, under the Direction and leadership of Ken Bass the station was incorporated and applied to the Federal Communications Commission (FCC) for a low-powered, FM, community radio station. The station has operated continuously since. He passed on March 27th, 2021, and he is missed everyday by his family, friends, community, and everyone at KALH Radio. The Bass family has operated the station since his death with a pride and a commitment to the community.

The Bass family made the difficult decision to resign from the board and hand leadership of the non-profit Southwestern Trails Cultural Heritage Association, owner of KALH Radio 95.1 to the Renteria’s and the Sepulveda’s to ensure its long-term sustainability as a community focused organization.

Chris Edwards spokesperson for the new board leadership said, “with the revitalization efforts of Alamogordo’s New York Avenue, the Bass family has been very supportive of our efforts to renovate downtown buildings, tell the history and KALH had a very strong relationship with our operating businesses. We feel it an honor to carry the mission of Ken Bass forward of telling the stories preserving history and restoration efforts and ensuring local news coverage. KALH-LP is another tool for us to further tell the stories of history and what makes Alamogordo the greatest community in New Mexico.”

A comment from community member and community volunteer Chez Sanchez…


I appreciate how you clearly acknowledged Ken as the founder of the station. I don’t know if you knew him but he was a powerful person with an engaging way of drawing in his listeners to the story he was telling. His caring for our community had no bounds and he was completely unafraid of challenging local politicians and individuals when he felt they weren’t keeping our community first, well before their own selfish interests.

He is missed by all who knew him and I have great hope for how you and Anthony will move forward with Ken’s creation. I’m excited to see where this station goes from here, of course keeping Ken’s spirt to entertain, inform, and sometimes protect our community.” -Chez

For questions, sponsorship information or to volunteer or program ideas contact Chris Edwards at cedwards121788@icloud.com and reference KALH in the email header.

KALH-LP has a new transmitter that will be installed in the next few weeks in the meantime the station is streaming online and can be heard anywhere with a computer or smartphone at https://kalh.org/

Or https://station.voscast.com/5b01bba90dce3

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Stephanie DuBois V Couy Griffin, Judge Shannon Murdock ordered a Dismissal of Restraining Order Case

The New Mexico 12th Division court hosted the hearing today between seated Otero County appointed County Commissioner Stephanie Dubois which filed for a restraining order against Couy Griffin after a tense public comments session in the November Otero County Commission meeting. The Honorable Shannon Murdock ordered a dismissal.

Dubois said she made the order after an incident that happened during a county commission meeting on Nov. 10. During the meeting on November 10th, Griffin made comments towards Dubois during a public comment period. An argument then ensued between both parties, involving shouts and harsh words. Dubois said she was terrified over what happened and still fears for her life. “I’m just fearful. I’m 77 years old,” she said. “It was very scary that nobody protected me.”

However, the verbal quarrel wasn’t the only incident that happened to Dubois according to her in several reports with Albuquerque television stations. The restraining order however only outlined the events of that day when filed.

The hearing was virtual and not an in person hearing with a judge brought in from out of the area because all members of the local judiciary recused themselves from the case or had a full docket.

The hearing was originally scheduled for December 5th to be heard in front of the Honorable Shannon Murdock. The filing of a restraining order is a serious action by a public official on a constituent even one that is a former county commissioner. The issue locally was such a hot potato with the hearing scheduled for December 5th, 2022. The state Supreme Court appointed the Honorable Shannon Murdock to preside.

The hearing was postponed then to December 15th as Commissioner Dubois requested a continuance and Couy Griffin filed for a dismissal.

The hearing was hosted virtually today, and the judge dismissed the case. The record or minutes of the case has not yet been released to the public.

2nd Life Media and AlamogordoTownNews.com requested a comment from Commissioner DuBois but her response when we asked for comment was “No.”

We then also requested a comment from former Otero County Commissioner Couy Griffin, and he provided us the following statement…

“The filing of this restraining order was purely political. I did not threaten Stephanie in any way nor did I harass her. I merely expressed my opinion that I felt her appointment to the seat in which I was elected was a disgrace. And that opinion is formed by the fact that she has run for office eight times and been unsuccessful every time she has run. She is not an elected voice of Otero County but an appointed voice of the radical progressive Governor of New Mexico. We hear daily that our democracy is under attack. Not a better example of that than what has happened in Otero County. But I’m glad it’s behind me and I appreciate you for allowing me to share my side of this story.”

The case is now dismissed. Ms. Dubois will serve in her role for two more weeks and the Amy Barela will be sworn in as the newly elected commissioner for Otero County District 2.

A side note and additional commentary regarding coverage of this saga in Otero County Politics:

Our earlier reporting on the ongoing saga of the restraining order was met with harsh attacks by some members of the Otero County Democratic machine and some members of the Otero County Republican machine. Individual members of each attacked our coverage in some social media channels some making attacks very personal to the businesses we operate. Without naming names a few went as far as cyber bullying and questioned why we took sides on the issue. A few became very hostile and passionate. Social media challenges and phone calls can be interesting. We were accused by some of only viewing the issue of intimidation of Ms. DuBois from a position of privilege as white males, (the majority owner and the publisher is a Hispanic male), we were told we were insensitive and don’t understand hostility. (As members of the LBGTQ community in a conservative county we would beg to differ.) However, to reassure ourselves that we were being fair and unbiased we had our specific to this issue reviewed by a panel outside of the county for their take on our coverage. They unanimously agreed our reporting did not show bias.

The review committee surmised that:

“The AlamogordoTownNews.com allowed for each sides point of view to be heard but did offer a valid question of rather the free speech would potentially be infringed upon by a restraining order. The AlamogordoTownNews.com site also questioned inconsistencies in the statements by those involved depending upon the media outlet. It questioned if the county saw a threat and as an employer and should it have filed a restraining order as based on court precedent a route taken by other governmental bodies?”

AlamogordoTownNews.com and AlamogordoConservativeDaily.org will continue to publish stories of the public interest. It will question official positions and actions of elected and appointed representatives when it deems it of interest to the public. Most of the coverage is not political but is of community interest related to sports, business, community interest and culture.

The political coverage does garner large readership and when Couy Griffin is involved it does seem to spark community interest and hot debate locally and from across the nation.

Will Couy Griffin continue in the public political spotlight long term, or will he seek other avenues in the private sector? 

Time will tell. He will be under less of a microscope in the new year excepting for any ongoing court cases, investigations, or trials since he is no longer a public official.

The ownership and business interests of this media company also are not public officials, thus not in the public realm. They are protected by First Amendment rights and protections afforded to them via Amendment One and is supported via membership in Independent News Organizations which assist, mentor, and grow small local media companies to keep a free local press and public dialog alive and well in small rural communities.

Until the next story, let’s each have a day of positivity and prosperity during this season of caring.

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The Joys and Pitfalls of Operating a Small-Town News Service

Alamogordo is a unique community in that it is basically a town without a legitimate major news provider. Like many small rural communities, the local community stopped supporting the local paper, the paper struggled and was eventually acquired by a national media conglomerate. The result now the public complains, because there is no consistent local coverage and dedicated local reporting.

2nd Life Media saw that gap in coverage and felt the community of Alamogordo deserves local coverage. March of 2021 2nd Life Media Inc launched the AlamogordoTownNews.com site as an alternative to get local news, local sports coverage and local business and non-profit events covered and before the public realm. The week of launch the online publication had 20 readers and the focus was initially on downtown revitalization and sports coverage. Now we have over 6000 readers.

On March 21st, 2021, we published our first story announcing the launch of this new service we market at AlamogordoTownNews.com…

“Hello to Southern New Mexico. We love the history of the Alamogordo News but believe it is time that more local news coverage of sports, politics and small business comes to Alamogordo. So, in collaboration with the local community and in support of building Alamogordo into an art, entertainment, tourism capital of Southern New Mexico. We begin this journey together. If you have news stories you would like to see published, please email me at CoachEdwards@2ndLifeMedia.com. with story details, photos and more. Let’s work together to create a real local positive community newspaper. We look forward to working with our community together in positivity.”

Our first several stories announced the Marilyn Sepulveda Scholarship Fund encouraging applicants, a focus on New York Avenue small businesses and sports coverage. As Covid restrictions loosened up we began more focus and the arts and cultural initiatives within Alamogordo and the potential growth and investment by small business entrepreneurs. As elections and politics took center stage we covered highlights of municipal elections, interviewed candidates, and found ourselves digging deeper and asking more candidate questions then the traditional newspaper. All along the way our readership grew significantly.

While delving into the political antics of Couy Griffin, John Block, Karl Melton, and the machines that run the political leadership of Otero County we hit on the nerves and the comfort of some of the establishment.

We have been called a right-wing talking piece by those on the left and attacked harshly by Couy Griffin supporters and the Trumpian brigade on the right. Given we have been equally criticized by the old guard chairmen of both political parties, that reinforced to our board of advisors, we are on the right track of being fair, allowing for each party to be heard, and balanced, in that both sides staying equally critical of our coverage, as it does not favor either.

Our coverage can be critical, asks questions and looks beyond the walls of Otero County and Alamogordo at precedent. We seek advise and reach out to academia and other media sources to validate information, to seek history or background and to reach a perspective that extends beyond Alamogordo and Otero County.

Our favorite stories to run are on the personalities and business leaders that are carrying Alamogordo forward into prosperity and those with a vision or passion. Stories on COPE, published stories in Influence Magazine, ongoings of the Flickinger Center, Alamogordo MainStreet investment and people making a positive difference to our community are our favorite stories to create. Stories on STEM and Academic successes of high school students are always fun to create. Stories on sports success and highlights of high school sports successes always bring joy to our faces when writing them in partnership with other media partners.

We have a great working relationship with the local radio stations and deep partnerships that help us with news tips and getting information to the public with many nonprofits, those in the faith community and the resources of government.

AlamogordoTownNews.com believes we have made a positive impact with our commitment to get information out to the local community that is missing by the traditional new sources.

Is there room for improvement? Certainly, YES!

We operate on a shoestring budget, and we do the best we can with limited resources. We would we like to hire a team of reporters certainly. With the public support that may happen in the upcoming years. We’d love to launch a print edition, someday, but as media evolves print is devolving, so time and financing will determine if that is feasible in the future.

https://2ndlifemediaalamogordo.town.news/support

Running a local news publication can be tricky and can be dangerous in some people’s eyes.

When we exposed some of the political antics of Couy Griffin, we had a gentlemen come into our place of business wielding a gun, telling us that gun rights trump our right of free speech. We quickly reminded him amendment one, is that of free press, and we are not intimidated by a gun wielding lunatic. The pen is mightier than the sword in the end. An armed idiot in our place of business is met with like force.

When we ran stories counter to the propaganda of John Block and Karl Melton, again we hit home with facts that made them uncomfortable. Rather than respond in a mature matter of political rhetoric. they went on the offensive, and personally attacked the authors and the businesses owned by 2nd
Life Media Inc. They then went on and tried to impede the right of the author to petition and vote, attempted to assassinate the reputation of the affiliated businesses and ownership, and may have violated laws around voter suppression and intimidation. Investigations will determine if rights were violated. A free press won’t be intimidated into silence by character assassination and tactics of intimidation.

A free press that is open to challenge those in authority ensures a free society. Amendment One is Intentional by our founding fathers.

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Political coverage appears to be the most controversial coverage we provide via AlamogordoTownNews.com.

While we prefer the more positive coverage of community events, business success, and sports sadly the political stories drive the most readers and engagement.

Just yesterday we were asked by a seated County Commissioner who filed a restraining order against a former commissioner to “not litigate this issue in the public realm” and “which side are you on?”

Our response is the same to this Democratic leader as it was to our Republican leaders. Our job is to keep the public informed on those issues or cases that are of interest to the public and in the public realm.

Elected leaders that take actions are in the public realm, and we will cover the story, if there is an interest to the public. We are not on any side of the issue. We ran stories on precedent in the courts to these types of actions by elected leaders and the public.

We seek to inform the public on precedent and on any situation that could potentially impact Amendment One or any of the founding principles of a free society.

2nd Life Media and AlamogordoTownNews.com has expanded with readership now in the thousands. We now partner with additional outlets such as its sister publication AlamogordoConservativeDaily.org which publishes stories of local interest on several different platforms and via a Newsbreak Newsletter.

We, of course operate on a shoestring budget. If you would like to support an independent citizen driven news source, we appreciate contributions to the primary news site.

https://2ndlifemediaalamogordo.town.news/support

Some small newspaper facts:

The total advertising revenue for locally focused U.S. daily newspapers in 2020 was $1.07 billion, based on the Center’s analysis of financial statements for publicly traded newspaper companies. This is down 40% from 2019, much steeper than the 25% decline the overall newspaper industry experienced during the same time.

The United States has lost almost 1,800 papers since 2004, including more than 60 dailies and 1,700 weeklies. Roughly half of the remaining 7,112 in the country – 1,283 dailies and 5,829 weeklies – are in small and rural communities. The vast majority – around 5,500 – have a circulation of less than 15,000 consistent with our readership and that of the Alamogordo Daily News.

Vanishing Readers: Print readers are disappearing even faster than print newspapers, and the pace appears to be accelerating.

Over the past 15 years, total weekday circulation – which includes both dailies and weeklies – declined from 122 million to 73 million.

While more and more readers prefer to receive news online, this dramatic loss has been driven not only by changes in reader preference, but also by the business decisions of newspaper owners. The decrease in daily circulation comes primarily from the pullback of metro and regional newspapers from distribution to outlying rural and suburban areas. In contrast, much of the loss in weekly circulation since 2004 comes from the closure of more than 1,700 weeklies.

This decrease in print readers raises serious questions about the long-term financial sustainability of both small community and large metro newspapers.

https://2ndlifemediaalamogordo.town.news/support

Web hosting, marketing recruitment, posting time, research and creative all takes resources. Contributions help keep an alternative news and media source viable. We ask that you shop local with our local advertisers and sponsors and shop in our local storefronts on New York Avenue.

If you feel generous enough to directly contribute to our news enterprise, we will recognize you if you so desire as a special supporter of a free and independent press. Some donors prefer to remain quiet and discrete. We respect those sponsors and donors to the AlamogordoTownNews.com operations as well and their need for discretion. We keep in confidence our donors and supporters except those who give permission to use their support in public.

https://2ndlifemediaalamogordo.town.news/support

This holiday season from our family to yours, thank you for the support! We look forward to an interesting and even more engaging 2023. Merry Christmas and Happy New Year to you and your family. May you have a blessed and prosperous New Year.

Rene Sepulveda, Chris Edwards and the staff and family of 2nd
Life Media, AlamogordoTownNews.com and AlamogordoConservativeDaily.org and our podcasts, thank you!

AlamogordoTownNews.com When a public official files a RESTRAINING ORDER is that a dangerous precedent to free speech? cOUY gRIFFIN vS sTEPHANIE dUBOIS orTERO cOUNTY NEW mEXICO

When a public official files a restraining order for public comments is that a dangerous precedent to free speech?

The Otero County Commission the last several years has been the albatross of New Mexico in driving a media circus of controversy. Most of those controversies were driven by Couy Griffin while holding office of County Commissioner District 2, but the actions of the commission related to a variety of issues have raised questions and multiple court cases, a few of which have risen to the attention of the New Mexico Supreme Court and may eventually land on the docket of the US Supreme Court.

With the removal of Mr. Griffin from office, some thought civility and common sense would come back to the commission. The appointment of Stephanie DuBois by the Governor to fill Mr. Griffin’s position led to more controversy being so close to the general election.

The County Commission meeting of November 10th became a true circus of hostility and the meeting fell into disarray that again garnered national media attention to Otero County New Mexico and not in a positive light.

During that meeting, during public comments Couy Griffin went on a verbal rampage disparaging Ms. Dubois and attacking her role in the office she was appointed to calling her “an eight time looser.” Ms. Dubois felt she was verbally assaulted and not protected by the County Commission Chair nor the Sherrif is what she has stated in public comments.

Ms. Dubois told KOAT Action News; “I’m just fearful. I’m 77 years old. I don’t own a gun. I don’t have any way [to protect myself]. And for me, that thing in the room was frightening,”

According to a filing at the Otero County Courthouse, Couy Griffin is facing a restraining order from Stephanie Dubois. She’s the current county commissioner till December 31st via the appointment.

Dubois said she made the order after an incident that happened during a county commission meeting on Nov. 10. During the Thursday meeting, Griffin made a few comments towards Dubois during a public comment period. An argument then ensued between both parties, involving shouts and harsh words.

Dubois said she was terrified over what happened and still fears for her life. “I’m just fearful. I’m 77 years old,” she said. “It was very scary that nobody protected me.”

However, the verbal quarrel wasn’t the only incident that happened to Dubois. She claims she felt threatened the day the commission certified the election results when Couy was on horseback on the public street carrying a flag that said, “we the people.”

She told KOAT “Couy is on a horse, hiding behind a fire truck with a big flagpole that said, ‘We the people.’ All of a sudden, I see the flagpole moving and he comes down and puts himself between me and my car,” she said. After the two moments, the 77-year-old decided to file a restraining order, to ensure her safety and protection.

These statements to KOAT and statements she has given prior and then yesterday to radio personality Anthony Lucero of KALH radio raise questions as to the timing of events, were they as aggressive as perceived, or were they just an exercise of free speech?

Free speech can sometimes be intimidating when on the receiving end as a public servant. But unless an actual threat has been made it is hard to define what is meant as rhetoric and what is an actual threat to a public servant.

The restraining order was filed prior to the incident on horseback. There seems to be conflicting dialog and conflicting interpretations as to what occurred via the horseback incident.

Ms. Dubois did a post on November 12th that described the incident and then the description to Anthony Lucero at KALH and the description of that incident to KOAT television News seems to differ a bit.

To KALH she mentioned a deputy sheriff asked her where she was parked and agreed to walk her to her car. She then said during the interview with Mr. Lucero that “the deputy was present when Mr. Griffin appeared from behind a parked firetruck on horseback and on the public street. She claimed to Mr. Lucero in an interview yesterday that the deputy, “only went so far with me and I ended up going to the car by myself.“

Did Ms. Dubois feel intimidated, one could certainly see how she could feel intimidated by Mr. Griffin, but the question posed is was her safety at risk? It’s hard to imagine a deputy sheriff would have exposed Ms. Dubois to harm due to the personal liability and the liability to the department. Further based on experience with law enforcement in Otero County most are very responsible, professional and take their oath of office to ensure public safety seriously. I recently personally had an incident on the street with a gentleman that threatened me, the deputy at the courthouse was very protective of me and ensured my public safety from the threat. Based on my experience with the Otero County Sheriff’s Department and with the local Alamogordo Police Department it seems at odds that a sworn officer would allow Ms. Dubois to be at risk.

Even at the crazed County Commission meeting of November 10th, 2022, at 1:15.43 of the video one can witness Sherrif Black removing the microphone from Mr. Griffin and ordering the room vacated to calm the room. The Chairwoman ordered the room closed for 15 minutes for a cooling off period.

While the tone of the conversation was not “civil dialog” and was harsh and aggressive in tone, one is hard pressed to see a threat of harm to those seated on the commission dais.

Ms. Dubois via her filing for the restraining order claims, “I am an elderly woman who feels she has no protection from law enforcement.”

While her assertion that “Mr. Griffin shows a great deal of anger towards the party” she belongs is factual, the assertion that she feels she has no protection from law enforcement seems counter intuitive to the culture of law enforcement.

The filing of a restraining order is a serious action by a public official on a constituent.

The issue locally is such a hot potato that local judges recused themselves from presiding over the hearing scheduled for December 5th, 2022. The state Supreme Court appointed the Honorable Shannon Murdock to preside.

Judge Murdock has an interesting job in hearing this case. Not often does a public official file a restraining order on a member of the public due to public comments.

There is precedent in California for such a case…

Can a city restrict the conduct of a self-described civic-minded individual, with a history of flamboyant speech and dramatic behavior in his communications with the city, without running afoul of free speech rights?

In City of San Jose v. William Garbett, filed on November 24, 2010, the Sixth Appellate District Court of Appeal says yes, when the conduct meets the conditions for an injunction under Code of Civil Procedure section 527.8.

Section 527.8, also known as the Workplace Violence Safety Act, allows any employer to seek a temporary restraining order and injunction on behalf of an employee who “has suffered unlawful violence or a credible threat of violence from any individual” at the workplace. For purposes of the statute, a city is an “employer.” (Code Civ. Proc. § 527.8(d).) “Unlawful violence” is defined as “any assault or battery or stalking as prohibited in Section 646.9 of the Penal Code, …” (§ 527.8(b)(1).)

“Credible threat of violence” is defined as “a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose.” (§ 527.8(b)(2).)

To obtain an injunction, an employer must establish, by clear and convincing evidence, not only that the defendant engaged in unlawful conduct within the meaning of the statute, but also that great or irreparable harm would result to the employee if the injunction were not issued due to the reasonable probability unlawful violence will occur in the future. (Code Civ. Proc. § 527.8(f); Scripps Health v. Marin (1999) 72 Cal.App.4th 324, 335.)

Interestingly in the case it was not the elected or appointed individual seeking the restraining order but the city applying for the restraining order to protect its paid personnel. In the case of Ms. Dubois, she is paid by Otero County thus the county is the one that is tasked with workplace protection.

In Garbett, the City of San Jose sought 14 injunctions (and temporary restraining orders) on behalf of the city’s deputy city clerk, the mayor and city council. The city submitted evidence that the appellant, William Garbett, age 70, had a long history of grievances with the city going back many years, and that the appellant made a “credible threat of violence” toward a deputy city clerk, and other city employees under section 527.8(b)(2). In addition to evidence that the appellant regularly visited the city clerk’s office and attended city council meetings, expressed fanciful ideas, appeared agitated or angry or resentful toward the city, and had inappropriate verbal or physical outbursts, there was additional evidence that this antagonism escalated. Specifically, there was evidence that the appellant threatened a deputy city clerk by stating that his only recourse to change policy in San Jose was to act similar to that of one angry man in Kirkwood, Missouri, who a few months prior had shot and killed several people at Kirkwood City Hall. The deputy clerk, who understood the reference, reportedly felt threatened and feared for her safety and the safety of the mayor and city council. After she reported the event, the city searched the appellant when he attempted to enter council chambers and implemented extra monitoring procedures or security measures.

The trial judge granted the city’s initial requests for interim restraining orders. Following an evidentiary hearing – which included the testimony of several witnesses who had previous interactions with the appellant and two expert witnesses – the trial judge also issued 14 injunctions restricting the conduct of the appellant toward the deputy city clerk, mayor, and council.

Each injunction included orders requiring the appellant to stay 300 yards from the protected individuals and City Hall. The injunction also included specified exceptions which would allow appellant to attend public City Council. Those exceptions included requiring appellant to enter City Hall through a specified entrance, be subject to a search before entering the City Council chambers, sit in a specific row, use a particular stairway during meetings, and communicate with the City Clerk’s office by mail or proxy.

Appellant sought review of the injunctions contending, in part, that the orders restricting his conduct and movements violated his rights to free speech under the First Amendment to the United States Constitution and the California Constitution and represented the city’s attempt to “curtail what amounts to annoying behavior.”

The Court of Appeal affirmed all 14 injunctions including the restrictions on the appellant’s movements. The Court disagreed with the appellant’s First Amendment arguments, relying on California Supreme Court precedent establishing the right of the state to penalize willful threats to perform illegal acts, even those consisting of pure speech. In re M.S. (1995) 10 Cal.4th 698, 710.) The Court also found substantial evidence to support the court’s factual findings on the requisite elements of section 527.8, namely that the appellant had expressed a credible threat of violence toward city employees that was not constitutionally protected speech; that this conduct caused the city employees to experience fear; and a likelihood of future harm.

When the appellant protested that he did not intend to threaten anyone, the Court dismissed this argument, concluding that the defendant’s subjective intent is not required for the conduct to be deemed a credible threat under the current definition found in section 527.8(b)(2).

Appellant further challenged the injunctions on overbreadth grounds, taking issue with the limitations on his access to the City Hall building and his movements within the council chambers. The Court nevertheless upheld these restrictions, deferring to the trial judge’s view of the evidence and factual findings on the requisite elements of section 527.8, and the lower court’s considerable discretion to fashion orders aimed at preventing harm of the nature suggested by the threats.

The Garbett case establishes good law for public entities which seek to curtail repeat offenders or conduct that escalates or develops into what has been classified as more than merely annoying or unprotected speech.

The question in the case of Ms. Dubois verses Couy Griffin, does this case escalate to the level that requires such action? Did Ms. Dubois ask the County Attorney for assistance and protection?

Based on court precedent should the county be filing on behalf of Ms. Dubois or is she correct in filing a restraining order on her own?

As usual, this will be another interesting case that will draw much attention of the media both locally and on the national level. The judge in the case is in a no-win position, as whatever the outcome, there will be an outcry of criticism. Depending upon the ruling, this is yet another case, that could end up in appeal and continue to drive negative headlines to Otero County New Mexico.

Sadly, this again is another black eye to the reputation of Otero County and Alamogordo and does not show the best and the brightest of the region. This is another incident that makes the region look like the wild west verses an area of sophistication and a place that is conducive as a good business environment.

When a public official files a restraining order for public comments is that a dangerous precedent to free speech?

Based upon the case outlined above the answer is complicated at best, as the erratic individual was able to continue in his quest of expression but was required to comply with additional security measures to ensure the safety of public servants.

Otero County politics is always entertaining as we have said before. In the new year may we get past entertainment and move to a zone of civility and good governance for the good of the public.

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AlamogordoConservativeDaily.org Alamogordo MainStreet, Transforms New York Avenue into Christmas in Candyland this Weekend December 2nd and 3rd

The traditions of the Alamogordo local small business community members of the historic New York Avenue Business, History and Cultural Arts District continues with First Friday, Downtown Nights on Friday December 2nd, 4 pm to 8 pm and then the annual Christmas on MainStreet this Saturday, December 3rd from 4 pm to 9 pm.

Claudia Loya, president of Alamogordo MainStreet explained to the AlamogordoTownNews.com staff that this event is typically the largest signature event for the Alamogordo MainStreet Merchants to showcase their best for the holiday season. “This year will be the biggest and best in many years. Last year we were just coming out of the pandemic and the event was restrained. For 2022 we have all the street involved in creating a truly memorable event. The theme is Christmas in Candyland, and all of the stores are getting decked out into the theme. This is the biggest signature event for Alamogordo MainStreet. We thank the many sponsors who help make this event possible.”

The radio stations of 94.3 FM 94Key, Cool FM 107.9 and Country KZZX invite you to call in and win $25 dollar gift cards or MainStreet Bucks sponsored by your favorite shops on New York Avenue to include Mia’s Collectibles, The Local Bodega, Elite Memories Boutique, Victoria Alamogordo, Globug, Roadrunner Emporium, Good News Thrift Store, Pins and Needles, Rad Studios, Kaias Fitness Studio, Monicakes, Flickinger Center for the Performing Arts, and Capped.

Friday night also hosts events leading up to Saturday’s big street party and merchant event which is the monthly New York Avenue First Friday Downtown Nights. Friday night volunteers will begin transforming New York Avenue but most merchants will be open till 8 pm with Rocket City Gaming Lounge open past midnight.

Downtown Nights Friday December 2nd is the monthly showcase of New York Avenue with Roadrunner Emporium hosting live music from the sensational Sage Gentlewing, Friday shoppers can enjoy live music while shopping to add even more fun to kicking off a New York Avenue weekend.

Saturday evening December 3rd then begins the big day with a transformation of New York Avenue into Christmas in Candyland. There will be a Santa’s Village, Live Nativity Scene, Holiday Hayrides, Shopping, Food Trucks, A car show, Photos with Santa, Photos with the Grinch, Music, Dancing and more.

The events begin at 4 pm but the shops of New York Avenue are open at 10 am for all shoppers to shop early as well as all are open late till 9 or 10 pm Saturday. At the 800 and 900 Blocks of New York Avenue the events begin at 4 pm with a Little Miss and Mister Christmas Pageant, Santa Arrives at 5 pm, the Saint Francis Cabrini Choir performs ay 5:15 to 5:45, 5:45 to 6:15 is the Ugly Sweater Contest, Most Creative Contest, and the Pet Costume Contest, 6:15 to 7:00 pm the St Francis De Paula Folkloric Dancers will perform, 7:00 to 7:30 the Children’s Theater of Alamogordo & Friends perform, 7:30 to 8:15 Bells of Grace perform, at 8:15 to 8:45 Hannah Peterson performs.

On the Flickinger side of New York Avenue at the 1100 Block of New York Avenue events include Dorso Dirtbags leading events 5:30 to 8:30 and dispersed in between is Ballerinas De La Immaculada Maria at 6:00 to 6:30, 8:30 to 9:00 pm the dancing sensations of Anala Nahada, the live Nativity Scene will be ongoing, a car show hosted by Immaculate Cars Car Club in front of the Courthouse, photos with the Grinch on the Flickinger Stage and more.

Alice Weinman of Victoria Alamogordo welcomes the public to visit her store decorated as a Christmas Wonderland and to remember the meaning of Christmas, so go and enjoy the huge live Nativity Scene that will be hosted besides the Sands Theater.

Pins and Needles will be hosting a 15% off special pricing on select fabrics and accessories. Each store on New York Avenue will be in the spirit and décor of Christmas.

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Be sure to drop by Mia’s Collectibles at the 800 Block of New York Avenue and see the awesome Christmas Tress and special offerings that are unique and highly collectible. Did you know that Globug has eatable geodes and more?

Roadrunner Emporium will have artisans on site to answer questions about the creative process. Alamogordo’s most unique collection of small business entrepreneurs and artisans will be showcasing their best this Friday for Downtown Nights and Saturday for Christmas on MainStreet.

There will be many street vendors and so much going on this awesome holiday weekend. This is the perfect event to get inspired by the holiday cheer, see people in special holiday costumes, shop local and support small business, and see the best and the coolest of the New York Avenue business and cultural arts community in full holiday cheer.

Don’t miss out on this biggest and best holiday festival in Southern New Mexico, Christmas on MainStreet – Alamogordo’s New York Avenue, Saturday December 3rd, 2022, 4 pm to 9 pm. Put on your best holiday cheer and we will see you there!

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Remembering Stella M Edwards

It’s said that individuals go through various phases or stages of life and are different people at various periods of one’s life. The life of my mother, Stella M Edwards, would be just such a life.

The person I knew and grew up with was a much different mother than the one my middle brother, Michael, who is 9 years younger than me experienced. Then again, my youngest brother, Steven, is 18 years younger than me, thus the mother he knows and experienced, was a totally different woman, than the mother that my middle brother or I had. When one is put into the position of reflection and one writes of the memories of someone’s life or an obituary, the perspectives, viewpoints, and sense of who that person is will not always jive, with the memories or perspectives of another person’s recollections of that same person.

My mother, like many mothers could be considered a complicated anomaly. She like her mother before her had secrets. Mom like my grandmother sometimes would spill pieces of family secrets to their grandkids, but never, the story in whole. As such, much like my grandmother Maynard before her, there are family stories and gaps in our heritage that are secrets carried to the grave. The intention of those secrets was never malice but was to protect her me and her other children. Was she protecting us from perceived scandal, from hurt feelings, from feelings of inadequacy? Was the carrying of secrets meant to avoid conversations or questions that could be uncomfortable? When secrets fall to the grave do they die? Time always brings questions, and the wisdom of time brings about answers.

Mom over the years battled with depression and that depression caused health issues. Later in life those health issues were complicated by weight issues. Those weight and health concerns I’m convinced were a result of the demons of depression she covered up and never fully addressed throughout her life. Mom was an avid reader and had read enough books to fill a public library from a lifetime of reading. The invention of kindle probably saved a forest of trees in the books that she would have purchased and read in the later years of her life. Mom loved a good mystery from the complete works of Agatha Christie to the wonders of Stephen King. Mom loved more classical styles like O’ Henry and published poetry of her own winning several regional awards around South Carolina.

Mom in her younger years was athletic and would challenge my dad to many games of back yard badminton, swimming, bowling and loved to play card games and Scrabble. Every time I would come home, I could count on a good and very competitive game of Scrabble with mom, dad and myself competitive for the title.   

Tuesday 11/2/22, Stella Maynard Edwards, age 74, wife of John Melvin Edwards, 423 Indian Trails, Taylors (Greenville) South Carolina passed away peacefully in her home, after battling a stroke with son Steven Edwards at her side. Stella is survived by her husband, John M. Edwards; sons: Christopher Edwards (Rene), Michael Edwards (Cheryl), and Steven Edwards (Ashley); grandchildren: Christy Anderson (Quintin), Alicia Raines, Lori Edwards, Charles Edwards, Alaina Stewart, and Joshua Edwards; great-grandchildren, Mariah Gray and Tristan Anderson; sister, Judy Maynard; niece, Katie Grant (Chris); and beloved pets: Buddy, Minnie, and Penny. In addition to her parents, she was preceded in death by her brothers Jackie L. Maynard and John Robinson, sisters Joyce Ann Maynard and Janet Clayton; and fur baby, Sadie.

Stella Edwards was born and raised in Shawneetown, Illinois, where she was a cheerleader and active in the community during her high school years. She married John M Edwards of Cave-N-Rock, Illinois and traveled the country, living in multiple states in support of her husband’s career in retail for Woolworth, TG&Y and AutoZone.

Stella was passionate about education and community service. Mom took us to every museum possible and we spent many hours at the Field Museum in Chicago and the Smithsonian in DC. She was an avid supporter of being involved in her children’s education. She judged multiple high school and collegiate level speech and debate classes for her elder son, Chris. She homeschooled her youngest son, Steven who outperformed the educational system of South Carolina. Through volunteer service in her younger years, she instilled that passion of service to her children. Stella served as a community volunteer and chaired several activities and non-profit events in Florence, Alabama and in Clarksville, Tennessee. Events she led for charity included the local Mothers March of Dimes Walk, Danny Thomas St Jude Hospital Bike-a-thon, A Walk-a-thon for Childhood Leukemia and sponsored phone teams to assist with the Jerry Lewis Muscular Dystrophy Telethon.

She became interested in the medicine because of her volunteering work with the various health related charities. Her visits to St Jude’s Hospital made a lifetime impact upon her and her volunteer service through her sorority, at a women’s clinic, operated by Planned Parenthood, that assisted with health screenings and Pap Smears in Florence Alabama was impactful on her ultimate career choice.

In her younger years she would have been deemed a progressive; a woman that demanded women’s rights and pay equity, had no tolerance for racial discrimination and supported marriage equality for the LBGTQ community, she supported President Carter and New Deal policies. In her later years she drifted more conservative becoming disillusioned with the political process. She leaned toward Trump’s shake it up and break it up philosophies due to frustration with public health policies in the US. She could never embrace the health plans of Hillary Clinton or Obama but respected their passion though she traveled to the beat of a different path. Mom was never terribly religious but felt a connection with a spirit beyond this place and time.

Stella and John Edwards had three boys as children: the eldest, Chris Edwards, middle, Michael Edwards and youngest, Steven Edwards. Stella went back to the university system later in life and attended during the same years her son, Chris was attending to his higher education and beginning a career, all the while having her third son Steven late in life and while seeking a secondary degree.

Stella was a graduate of Austin Peay State University, in Clarksville Tennessee ascertaining her nursing degree. She practiced medicine for several decades, beginning her career at the Clarksville Regional Medical Center and ultimately at Mary Black Medical Center in Spartanburg, South Carolina as head nurse. Her responsibilities included oversight of the critical care nursery. Her passion was such that many premature babies would spend months in the nursery, she produced a video diary for hundreds of patients, ensuring the mothers and fathers, didn’t miss a day of the baby’s growth from an at-risk birth to check-out as a functioning healthy infant.

After retirement mom and dad, refurbished their home together one room at a time. From there they traveled the country and drove thousands of miles exploring route 66 and every stop on the way. They traveled to California, and we have fond memories of viewing the salmon spawning near Tahoe to sharing experiences of the wine country, the missions of California and San Francisco. Mom met and engaged with my friends without judgement over the decades. Through my ups and downs, even with distance between us I could count on her and my dad’s support. At times I’d be frustrated by questions and what I felt were intrusions but in retrospect I know that her intentions were meant as support.

The mom of the last few decades was not the mom I grew up with, by no fault of either of us, the fault was distance and time. The trips to the mall, Books-a-Million, museums and battlefields, late night movies, card games of rummy or Scrabble with her and my aunt, the history we experience together is a far-off memory. Those memories are to be cherished and I would not trade them for the world. For the times you were there, and I ignored you, our years of silence, and the reunification, the ups and the downs thanks for the patience and the love. Time, distance, personal relationships, and ones chosen and immediate family in real life, takes precedent. Should we regret that, no, what we do is cherish the relationships of our chosen family but thank our birth family for the foundation they provided us. I am the person I am today because of the foundation I received. The good came from the guidance, care and love of my mother and father. The bad and errors in judgement I have made in life, I own those mistakes, they are no reflection of the family foundation of love and mutual respect I had as a youngster.

The gaps of my absence by distance were filled over the years with the love and constant companionship of my father, who was there for so many decades, through to the end. Together they always enjoyed their grandchildren. Charlie (Nathan), their eldest grandson who they helped provide homecare for in his most formative early years, to the many others, each always brought mom a smile and much joy. Her niece Katie Hill was the “daughter to her that she never had.” Her Granddaughter Lori she spoke of often, proud that she was also going into the medical field and following her grandmothers’ footsteps of care.

Mom, Stella Edwards, you are gone physically to that next plain of existence, but you will forever live in my heart and the hearts of those that knew you. May you find peace happiness in the next life that you sought in this life.