San Francisco’s Can-Kicking on Zoning Reform Could See It Lose All Zoning Powers


San Francisco | Sean Pavone/Dreamstime.com

The inaugural edition of Rent Free includes these stories:

  • The feds are siding with an Oregon church suing for its right to operate a soup kitchen on its own property, local zoning regulations be darned.
  • City councils across the country are passing reforms that allow more housing in more places and make neighborhood stores feasible to build again.
  • The fight over a rent control initiative on the 2024 California ballot is turning nasty quickly.

But first, this week’s lead item:


San Francisco’s Can-Kicking on Zoning Reform Could See It Lose All Zoning Powers 

It takes San Francisco three years on average to fully approve new housing projects, the longest of any jurisdiction in California, according to an audit published by the state Department of Housing and Community Development (HCD) in October.

The very predictable result is that the Golden State’s fourth-largest city is also one of the nation’s most expensive, with median one-bedroom rents above $2,000 and a median home value of $1.4 million.

That San Francisco is expensive because it takes forever to approve new housing isn’t a new finding. Whether the city will actually get rid of the regulations gumming up home construction is now coming to a head.

Today, the city’s Board of Supervisors will consider a “constraints reduction” ordinance intended to speed up housing approvals by cutting public hearing requirements and layers of review for code-compliant housing projects.

State housing officials have told the city it must approve this ordinance, or risk losing the power to set its own housing regulations.

The History

The legal and political back-and-forth that’s gotten San Francisco to this point is complex.

Earlier this year, San Francisco promised the state it would eliminate a long list of housing regulations as part of its goal of approving 82,000 new housing units by 2031. The city also promised to hit certain deadlines for adopting these reforms.

Ever since, state officials have been pressuring the city to stick to those deadlines. Time and again, the city keeps blowing past them.

HCD’s October audit, for instance, explicitly gave the city’s Board of Supervisors a late November deadline for passing its “constraints reduction” ordinance.

Not only did the board miss that deadline, individual supervisors offered amendments to the ordinance that would weaken many of its deregulatory provisions.

In response, HCD sent San Francisco officials a letter last week outlining how these amendments violate the city’s past commitments and gave them a new December 28 deadline to pass a clean constraints reduction ordinance.

Unless they take action on the ordinance today, they’ll likely miss that December 28 deadline.

The question everyone is asking is what happens next? Theoretically, a lot.

State Remedies

HCD has told San Francisco that if they don’t meet this latest deadline, they risk being out of “substantial compliance” with state housing law.

That, in turn, could see the city lose millions in state affordable housing and transportation funding, get hit with monthly fines of up to $600,000, and even forfeit its land use authority to a court-appointed special master with the power to rewrite San Francisco’s housing regulations.

San Francisco officials could also be obliged to approve “builder’s remedy” projects of unlimited density (provided they included some below-market-rate, affordable units) anywhere in the city.

Legal Uncertainties 

But it’s not clear whether San Francisco has been a bad enough actor to actually warrant these sweeping remedies, says Christopher Elmendorf, a law professor at U.C. Davis School of Law.

Decades-old court cases deciding whether a local government is out of “substantial compliance” with state housing law are “very deferential to local governments,” says Elmendorf. Should the state then try to cut San Francisco off from state grants or take away its land use powers, the city could sue to get them back and quite possibly win.

On the other hand, the California Legislature has passed a lot of laws in recent years requiring cities to cut red tape and approve new housing more quickly. Potentially, that could prompt courts to be much tougher on San Francisco today than they have been on other local governments in the past.

“No one really knows what’s going to happen when the questions about compliance reach a court of appeals again,” says Elmendorf. “Because we’re in uncharted territory, there’s this game of bluster.”

Supervisors keep telling HCD to cool its jets and give the city more time to tinker with its zoning code. HCD keeps threatening to go nuclear on San Francisco while continually pushing back the date on which it could press the button.

This game of chicken is an important test case: Will San Francisco genuinely reform its arguably worst-in-the-nation system for approving new housing? If it doesn’t, can the state force it to do so?


Feds Side With Oregon Church Fighting Zoning Restrictions on Soup Kitchens

Late last month, the U.S. Department of Justice filed a statement of interest in support of an Oregon church’s lawsuit challenging zoning restrictions on its charitable meal services.

For decades, St. Timothy’s Episcopal Church in Brookings, Oregon has been serving meals to the poor. During the pandemic, when other churches shut down their soup kitchens, St. Timothy’s started serving meals six days a week. In response to neighbor complaints, Brookings passed an ordinance in 2021 limiting St. Timothy’s to serving meals two times a week and requiring it to get a special permit.

These restrictions proved intolerable to St. Timothy’s pastor Rev. Bernie Lindley.

“Churches feed people. To tell a church that they have to be limited in how they live into the Gospel of Jesus Christ is a violation of our First Amendment right to freely practice our religion,” he told Reason at the time.

In early 2022, St. Timothy’s sued Brookings over its restrictions on its meal services, alleging violations of the First Amendment and a federal law limiting zoning restrictions on religious properties.

The DOJ’s statement of interest argues that St. Timothy’s religious exercise is likely being “substantially burdened” in violation of federal law.


Cities Pass “Modest but Meaningful” Reforms Allowing Small-Scale Housing and Businesses

Several jurisdictions are wrapping up 2023 by passing “modest but meaningful” reforms that allow more residential and commercial development in existing neighborhoods. The intention is to allow the development of more affordable, more walkable neighborhoods.

Alexandria, Virginia

Last Wednesday, the city council of the D.C. suburb of Alexandria, Virginia, voted to approve a housing reform package that allows up to four units on all residential lots, eliminates minimum parking requirements near major transit stops, expands a density bonus program for affordable housing production, and allows new housing in industrial zones.

Earlier this year, neighboring Arlington, Virginia, passed reforms that allow six units on all residential lots, while also imposing a cap on the number of permits the county would issue for these multi-unit projects.

“Alexandria and Arlington have both demonstrated a pretty solid median voter support for zoning changes,” says Luca Gattoni-Celli, who heads the pro-zoning reform group YIMBYs of NOVA. The sum total of Alexandria’s reforms is “more ambitious” than Arlington’s, says Gattoni-Celli.

Durham, North Carolina

The week prior, Durham, North Carolina, adopted a suite of zoning reforms that eliminate minimum parking requirements, allow churches to build housing on their land, and relieve smaller commercial projects of the requirement to build expensive stormwater retention ponds.

That last reform is important for enabling new neighborhood enterprises like a corner store or coffee shop, says Aaron Lubeck, a general contractor, writer, and advocate of Durham’s reforms.

“When you’re building a small neighborhood commercial building, to be required to build a storm pond ruins your site, costs a lot of money, makes you provide less built environment at a higher cost,” he tells Reason.

Less positively, Durham’s reforms require larger residential projects to include commercial or civic space.


California Gears Up for Another Nasty Rent Control Fight

Come November 2024, California voters will once again decide on a ballot initiative sponsored by the non-profit AIDS Healthcare Foundation (AHF) that would eliminate all state restrictions on local rent control policies.

There’s plenty of evidence that the rent control policies California already allows limit the supply and reduce the quality of rental housing. Two times now, in 2018 and 2020, AHF has spent millions placing rent control initiatives on the statewide ballot, only to see them roundly rejected by voters.

Now the group is hoping the third time’s the charm.

California’s landlords are so sick of fighting AHF’s rent control efforts they’re now sponsoring their own ballot initiative to defund the organization’s political advocacy.

AHF derives most of its money from a federal program that allows it to buy drugs from pharmaceutical companies at a discount and then charge insurers a mark-up when distributing them to patients.

The California Apartment Association (CAA) is gathering signatures for an initiative that would require nonprofits benefiting from that federal discount program to spend almost all their revenues on “direct patient care.” That would effectively stop AHF funding ballot initiative campaigns.

AHF has accused CAA of unconstitutionally attempting to suppress its speech. This past week, it also filed a lawsuit to squash the CAA initiative before it even qualifies for the ballot.


Quick Links

  • Far away from America’s overregulated coastal cities, Sunbelt metros continue to lead the country in housing construction.

  • The cities that produce the least amount of housing are interestingly enough the places where your dollar buys you the least, per a new Tax Foundation study.
  • A new study finds that a homeless person has a mortality risk over three times as high as someone living inside.
  • A court case about whether a railroad can seize people’s homes in rural Georgia could result in more limits on private parties’ exercise of eminent domain.
  • A federal district court has upheld the constitutionality of an Alameda, California, ordinance regulating rent increases on houseboats.

Regulation of the Week

Woodbridge, Connecticut’s zoning code prohibits business signs on private property that advertise out-of-town businesses.

The post San Francisco's Can-Kicking on Zoning Reform Could See It Lose All Zoning Powers appeared first on Reason.com.

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If The Fed Cuts It Will Repeat The “Cut-First” Errors Of The 2010s, 2000s, 1990s, 1980s, And The “Ignore Inflation” Error Of The 1970s

If The Fed Cuts It Will Repeat The “Cut-First” Errors Of The 2010s, 2000s, 1990s, 1980s, And The “Ignore Inflation” Error Of The 1970s

By Michael Every of Rabobank

Two Ronnies in a Packed Programme Tonight

The market is having second thoughts. Wisely so, as there are many ways to interpret what we see and hear. In a classic Two Ronnies sketch, “fork handles” is heard as “four candles”. In the same way, markets are hearing “rate cuts” as the Fed says “rates up”. Market cheerleaders need to understand the difference between disinflation (i.e., your rent went up 20% last year, and is going up 5% this year) and deflation (i.e., your rent goes down 10%). The latter is the prerequisite for the imminent slashing of rates we are now seeing priced in.

In reality the US labor market remains tight, as Friday’s payrolls are likely to show, and a court just ruled gig food-delivery jobs must pay a minimum of $17.96 an hour. US construction spending is holding up, and most households aren’t experiencing the pain of higher mortgage rates without moving – so they aren’t. While the market focuses on the ISM, Freight Alley notes: “when you see a development in both container and trucking datasets, it suggests that something macro is happening. That is what I am seeing in container and trucking. YoY volume comps in both datasets both inflected in recent months, suggesting that inventories have burned off and the goods economy recovery may be on the way.” All this is as US core sticky inflation ticks up on a 3-month annualised rate; the NFIB small businesses’ ‘plans to raise prices’ are heading up; Michigan consumer inflation expectations have spiked; and we just experienced the largest easing in financial conditions in decades, seeing speculation roar back.

Yes, look at four candles on charts: but handle needing to stick a fork in this bond rally, because it’s overdone.

To think otherwise is to believe the Fed is willing to repeat the ‘cut-first’ errors of the 2010s, 2000s, 1990s, and the 1980s, and the ‘ignore inflation’ error of the 1970s. Maybe that is the trend to follow; but it would make Powell quite the Mastermind, another classic Two Ronnies sketch, in which the contestant answers the question before last each time.

MAGNUS: And so to our final contender. Your name, please?

SMITHERS: Good evening.

MAGNUS: Thank you. In the first heat your chosen subject was Answering Questions Before They Were Asked. This time you have chosen to Answer the Question Before Last each time. Is that correct?

SMITHERS: Charlie Smithers.

MAGNUS: And your time starts now. What is palaeontology?

SMITHERS: Yes, absolutely correct.

MAGNUS: Correct. What is the name of the directory that lists members of the peerage?

SMITHERS: A study of old fossils.

MAGNUS: Correct. Who are David Owen and Sir Geoffrey Howe?

SMITHERS: Burke’s.

Are the Fed really going to be fossilized berks in trying to fight the ‘deflationary crisis’ before last when we now face structural, geopolitical inflation?

Yes, oil continues to fall despite promised OPEC+ cuts, protestations that the Saudis can’t afford their linear city, year-round ski resort, and new footballers, and the US DOE wanting to buy “as much oil as it possibly can” for the SPR. Yet the oil-price is the Fed winning the battle of the dollar vs. commodities via higher rates. There is no geopolitical/geoeconomic room for it to slash rates: and that geopolitical backdrop is easy to interpret, and isn’t funny, even if it sounds like a Two Ronnies newsreader skit in the recent headline: ‘Miss Universe winner claimed to be at centre of alleged plot to overthrow Nicaraguan government’.

North America:

Europe:

Middle East:

Latin America:

Asia:

In short, if you think that’s all deflationary then you haven’t read history. Or you watch ‘news’ like this.

It’s goodnight from me. And it’s goodnight from him.    

Tyler Durden
Tue, 12/05/2023 – 10:20

via ZeroHedge News https://ift.tt/r5kxi7K Tyler Durden

US Services Sector Surveys Shrug Off ‘Hard’ Data Hemorrhaging In November

US Services Sector Surveys Shrug Off ‘Hard’ Data Hemorrhaging In November

Following weakness in the Manufacturing survey data, Services surveys were expected rebound in November, despite the plunge in ‘hard’ data seen in November.

S&P Global’s Services PMI ticked up in November to 50.8 from 50.6 in October (flat from the flash print)

ISM’s Services PMI beat expectations, rising from 51.8 to 52.7 (vs 52.3 exp) in November.

Source: Bloomberg

Under the hood, Employment rose less than expected; New Orders were flat ; and Prices Paid declined…

Source: Bloomberg

“Fifteen industries reported growth in November,” noted Anthony Nieves, Chair of the ISM Services Survey Committee.

“The Services PMI, by being above 50 percent for the 11th month after a single month of contraction and a prior 30-month period of expansion, continues to indicate sustained growth for the sector, and at a slightly faster rate in November.”

Manufacturing continues to contract according to both surveys while Services expand…

Chris Williamson, Chief Business Economist at S&P Global Market Intelligence, said:

“The latest PMI data point to a further cooling of inflation pressures, but the surveys also signal only modest economic growth and near-stagnant employment, with the risk of the expansion losing further momentum as we head towards 2024.

“While service sector businesses continued to report further output gains in November, growth remains considerably weaker than seen earlier in the year, and forward-looking indicators point to growth slowing in the months ahead.

“Firms providing both goods and services have become increasingly concerned about excessive staffing levels in the face of weakened demand, resulting in the smallest overall jobs gain recorded by the survey since the early pandemic lockdowns of 2020.

But there is some good news:

“The cooling jobs market has been accompanied by lower wage growth which, combined with recent oil price falls, helped pull business cost growth down to its lowest for three years, dropping in November to a level indicative of inflation approaching The Fed’s 2% target in the coming months.”

Is that good enough to keep the dream alive for 125bps of rate-cuts next year?

Tyler Durden
Tue, 12/05/2023 – 10:05

via ZeroHedge News https://ift.tt/v9txqfK Tyler Durden

RFK Jr. Wins, Oil To $150, & The End Of American Capitalism: Saxo Unveils 2024’s ‘Outrageous Predictions’

RFK Jr. Wins, Oil To $150, & The End Of American Capitalism: Saxo Unveils 2024’s ‘Outrageous Predictions’

The smooth road the world has travelled on since the Great Financial Crisis, with stable geopolitics, low inflation and low interest rates, was disrupted during the pandemic years, with policymakers and investors betting on a return to the ‘old normal’.

In 2024, Saxo warns that it will become clear that the smooth road is at an end, sending the world into a dangerously uncertain future.

Saxo CIO Steen Jakobsen sees the world at an inflection point and their 2024 Outrageous Predictions look at how the world navigates the ultimate end of the ‘old normal’, and how new technologies solve old problems, while creating new, maybe more dangerous dilemmas.

1. With oil at $150, Saudis buy Champions League franchise

As oil prices soar, Saudi Arabia extends its influence by acquiring one of the most coveted franchises in sports to create a World Champions League:

“Saudi Arabia’s radical restructuring of its economy away from its dependency on oil revenues towards becoming a tourism, leisure, and entertainment powerhouse, receives an added boost from a meteoric rise in oil prices, which reach $150 per barrel around mid-year on stronger-than-expected demand. Now holding the keys to the cherished football competition, the Saudis immediately move to transform it into a global club competition.”

The Manchester United stock price doubles and Brent crude goes to $150 per barrel.

2. World hit by major health crisis as obesity drugs make people stop exercising

GLP-1 obesity drugs are seen as a solution to the world’s obesity epidemic, but the ease of taking a pill makes people stop exercising and increase their intake of junk food:

“As supply of GLP-1 obesity drugs is expanded, prices come down and governments choose to designate the obesity drugs as vital for improving health and stopping the obesity epidemic…However, in a turn of events, supply of GLP-1 obesity drugs is unable to meet the widespread demand, and patients need to wait for years to get their injections. Meanwhile, they stop exercising or keeping to a healthy diet now that a pill can keep weight in check, fuelling a major health crisis. Global adult obesity rates shoot up from the current 39% to 45% in 2024.”

The processed food industry sees a significant demand lift, McDonalds and Coca-Cola stock prices outperform broader markets by 60% each.

3. US heralds the end of capitalism with tax-free government bonds

The US adopts a radical fiscal strategy to tackle its economic challenges by incentivizing investment in government bonds.

“The US government is forced to increase fiscal spending exponentially amid the 2024 elections to keep the economy going and avoid social unrest. Due to lingering inflation pressures and foreign investors repatriating capital, demand for US Treasuries remains sluggish, provoking a spike in US Treasury yields. In a desperate attempt to normalise borrowing costs, the US government makes income from government bonds tax-free.”

US Treasuries rally across all tenors, and the yield curve bull-flattens as investors can lock in the highest yields in decades without tax burdens. The stock market tumbles, but a selected group of cash-rich companies benefit from an inverted yield curve.

4. Generative AI deepfake triggers a national security crisis

Generative AI, hailed as a productivity boon, becomes a national security threat after a daring AI deepfake heist against a high-ranking official in a developed country. Governments crack down on AI with new regulations, puncturing the AI hype as VCs flee the industry:

“In a high-stakes game, a criminal group deploys the most deceptive generative AI deepfake the world has ever seen, phishing a high-ranking government official to hand over top-secret state information from a developed country. The daring move and success trigger the biggest national security crisis since WWII, ushering in a new era of far-reaching AI regulation. In a historic move to deal with the catastrophic side effects of generative AI, the US and EU declare that all content produced by a generative AI should have the label ‘Made by AI’. The generative AI deepfake incident goes from national security crisis to full-blown public distrust in information delivered on the Internet, as AI-produced content swells to 90% of all information.”

Traditional media companies approved by their governments for disseminating public news soar in value, with shares in The New York Times Company doubling. Adobe shares plunge as government penalises the company, as the catastrophic deepfake was made using its software.

5. Deficit countries form ‘Rome Club’ to negotiate trade terms

A coalition of deficit countries aims to restructure global trade dynamics in their favor:

“As the US debt situation has become uncontrollable, a group of six deficit countries form a ‘Rome Club’ to cooperate on reducing deficits by collectively negotiating new world trade terms with the surplus countries. The argument goes that resetting the deficits through gradual pegged revaluations of the surplus countries would enable a global reset, creating a more equal and stable economic model. The six founding countries of the ‘Rome Club’ are the US, UK, India, Brazil, Canada and France. Adjusting the divergence of the current account between the key countries is going to be a painful adjustment for the highest surplus countries which are China, Germany, Norway, Japan, the Netherlands and Singapore.”

The fact that the world’s reserve currency is spinning out of control reduces faith in the fiat money system, setting up big gains for gold, silver, and crypto currencies.

6. Robert F. Kennedy Jr wins the 2024 US presidential election

In a stunning political upset, RFK Jr. captures the presidency, ushering in a new political direction for the United States:

“In 2024, for the first time in the history of the USA, a third-party candidate, Robert F. Kennedy Jr, wins the US presidential election. His populist platform against the war-mongering Democrats and against the corporate elites resonates with both disgruntled traditional Democratic and Trump supporters. A new political era in the USA begins with the dramatic pivot away from plutocracy, as voters demand an end to drastic inequality and injustice and the end of forever wars.”

Kennedy’s pro-peace message and promise to end the abuses of the US healthcare system and break up excess corporate power sees defense, drug and healthcare companies nosedive, and the internet and info-tech monopolies trade nervously on concerns that a wider war against monopoly companies will follow.

7. Japan’s ‘lucky 7%’ GDP growth rate forces BoJ to abandon yield curve control

Japan experiences a surprising economic surge, leading to a significant policy shift by the Bank of Japan.

“The deflation era in Japan has ended, bringing wage growth back. With a yield curve control policy in place, the Japanese economy is over-stimulated as real rates decline with nominal yields capped but inflation expectations rising. The BoJ is therefore forced to end its yield curve control policy in 2024. This causes a rout in global bond markets, as Japanese investors move money back home.”

Yen strengthens as Japanese investors repatriate money to domestic assets, pushing USDJPY below 130, EURJPY below 140 and AUDJPY below 88.

8. Luxury plunges as EU goes Robin Hood, introducing wealth tax

The European Union’s new wealth tax leads to a downturn in the luxury market, with major repercussions for high-end brands:

“It is a great irony that the EU, which is the world’s biggest welfare system, has created 499 USD billionaires who are paying the lowest amount of personal tax in percentage of wealth compared to billionaires from North America and East Asia.

As social unrest in Europe is constantly at the edge of eruption, and as costs associated with the green transformation, the war in Ukraine and general inflation rise, the EU Commission commits to the July 2023 European Citizens’ Initiative (ECI) entitled ‘Taxing great wealth to finance the ecological and social transition’.

The EU Commission implements a law that annually taxes 2% of wealth on billionaires. This modern version of Robin Hood sends shockwaves through the European luxury industry, as recent studies have shown a strong correlation between the pursuit of luxury items and levels of income and wealth inequality.”

LVMH shares plunge 40% on the EU Commission’s new wealth tax and other parts of the luxury segment including Porsche and Ferrari see their share price suffering badly.

Though these predictions are not Saxo Bank’s official market forecasts, they are a reminder to investors to consider all potential outcomes, including those that seem far-fetched.

Outrageous Predictions are a deliberate effort to push the boundaries of market participants’ imaginations and prepare them for any eventuality.

Finally, while these predictions may seem ‘outrageous’, some have been much closer to the truth than anticipated:

2023 honourable mention: A country agrees to ban all meat production by 2030

Reviewing last year’s predictions, it’s evident that they were more outrageous than they were correct. A fan favourite was Market Strategist Charu Chanana’s prediction about a country agreeing to ban all meat production by 2030. It didn’t turn out that way and it would be a stretch to say that it was close. But, at a supranational level, meat, as an important part of fighting climate change, was spotted on the agenda at the UN-arranged climate change-focused COP28 in the latter part of the year. Here, the UN was, in time of writing, expected to publish a road map for global food systems with a focus on lowering meat consumption.

“While we didn’t see any country banning meat production, we did see a growing recognition that meat (and the consumption of it) needs to be in focus when talking about climate change. So, picking a topic that turns out to get attention and taking it a step further than reality is really what this exercise is about,” says Chanana.

2022 Outrageous Prediction: The plan to end fossil fuels gets a rain check

As we headed into 2022, Ole S. Hansen, Head of Commodity Strategy, wrote that policymakers would kick climate targets down the road and support fossil fuel investment to fight inflation and the risk of social unrest, while rethinking the path to a low-carbon future.

The overarching prediction came to fruition, but it was regrettably fueled by the unforeseen invasion of Ukraine by Russia.

“Little did we know last November that the world was galloping into an energy crisis triggered by Russia’s war in Ukraine,” says Ole S. Hansen, Head of Commodity Strategy, who explains how he then caught on to the idea that fossil fuels would become relevant again in 2022: “Lack of investments and an increasingly urgent need to support gas over coal led us to come up with this idea, which basically envisaged a more investor friendly environment for (up until then) shamed investment in so-called ‘dirty’ energy production.  A move that led to the decision by the EU to classify gas and nuclear as green investments,” he says.

2018 Outrageous Prediction: Volatility spikes after flash crash in stock markets

“We did not get a 25% drop in a single 1987-like event, but we did get two dramatic events in 2018 that vindicated our point,” says Peter Garnry, Head of SaxoStrats.

He further explains how the prediction came about: “We got the idea about this Outrageous Prediction in late 2017, as the year was about to end with astonishingly low volatility and Bitcoin had gone from just below $1,000 in late 2016 to around USD 10,000 in November 2017 (Bitcoin eventually rose to almost USD 20,000 before year end). Everyone speculated in Bitcoin and selling volatility in currencies and equities was heralded as easy predictable money. That’s where we got this super awkward feeling that the entire euphoria and these types of positions can have dramatic outcomes if conditions change even the slightest.”

Garnry says that the volatility kicked in during February and ended in dramatic fashion over Christmas: “The ‘Volmageddon’ event in February 2018 almost completely wiped out short volatility funds including some famous ETFs in these strategies as the VIX Index exploded from 13.64 to 50.30 in just two trading sessions. The event changed the short volatility complex in the subsequent years. Later in 2018, the market was trying to tell the Fed that it was doing a policy mistake by hiking its policy rates because the economy was deteriorating. It led to a selloff of 20% from the peak in October to the intraday bottom on 26 December 2018 with the most dramatic trading sessions happening over the Christmas holiday period when liquidity was drying up. Dramatic events that set the stage for the crazy bull-run in 2019 as investors again forgot everything about risk.”

2017 Outrageous Prediction: Huge gains for Bitcoin as the cryptocurrencies rise

As cryptocurrencies, particularly Bitcoin, began gathering momentum in the public eye, our SaxoStrats predicted that the then leading currency would have a huge bump in value. The rationale behind the jump was justified by US President Donald Trump’s regime overspending, causing national debt to rise and inflation to skyrocket. Combining this with the global public wanting to break away from the currencies of central banks, Bitcoin became a preferred alternative. The Outrageous Prediction ended up coming to fruition and more, with the price of Bitcoin growing to almost USD 20,000 at its 2017 peak.

However, the circumstances around the prediction weren’t spot on. It wasn’t as much due to macroeconomic movements of the Trump era, as it was due to speculation in Bitcoin that fueled its initial meteoric rise. However, when looking at the more recent spikes in cryptocurrencies, particularly Bitcoin in 2021, the justifications outlined in the 2017 Outrageous Prediction held true.

2015 Outrageous Prediction: Brexit in 2017

In the Outrageous Predictions for 2015, our SaxoStrats wrote that the UK Independence Party (UKIP) would win 25% of the national vote in Britain’s general election on 7 May, 2015, sensationally becoming the third largest party in parliament. UKIP would then join David Cameron’s Conservatives in a coalition government and call for the planned referendum on Britain’s membership of the EU in 2017. As a result, UK government debt suffers a sharp rise in yields.

The timing was a bit off, but the circumstances around it were pretty accurate. “We had a very strong sense that ‘protest votes’ would be coming both in the US election and also ultimately in a vote on Brexit” said Steen Jakobsen, CIO at Saxo. “We, to some extent, correctly talked about the ‘social-contract being broken’ – meaning society no longer benefitted as a whole from monetary policy, which created an increased gap in equality.

“This call was too early, but the context and reasoning was spot on. The split in the Tory Party could not be healed and the modus operandi of ‘Talking down to the voters’ was a blatant mistake, which we used for this call,” Jakobsen said.

2013 Outrageous Prediction: Gold corrects to USD 1,200 per ounce

“Our $1,200 call, at the time of writing, signaled a one-third drop in the price,” says Head of Commodity Strategy, Ole S. Hansen who, in 2013, had the first correct Outrageous Prediction.

Here’s what he had to say about it: “Gold corrected to and actually went below USD 1,200 per ounce in 2013, as investors increasingly turned their attention to stocks and the dollar. A major trigger was the April 2013 break below key support at $1,525 – a move that in our mind raised the risk of a bear market taking the price down towards $1,100,” says Hansen.

So how many of this year’s “predictions” will come true next year?

Tyler Durden
Tue, 12/05/2023 – 09:50

via ZeroHedge News https://ift.tt/48vixuy Tyler Durden

Race To Price Fed Rate-Cuts Is Making A Hike More Likely

Race To Price Fed Rate-Cuts Is Making A Hike More Likely

Authored by Simon White, Bloomberg macro strategist,

Expectations of rate cuts in the US are liable to come unstuck as easing financial conditions raise the risk the Federal Reserve returns to the fold with another hike…

Be careful what you wish for.

The market’s increasing zeal for lower rates has rekindled the so-called everything rally. But if it persists it contains the seeds of its own destruction as it ultimately pushes the Fed to recommence raising rates, wrongfooting growing expectations of rate cuts, and leaves stocks and bonds prone to selling off.

Since the Fed started tightening policy in June last year, the S&P is ~20% higher, credit spreads are tighter, implied equity and fixed-income volatility are lower and reserves have risen. Animal spirits have not exactly been deterred.

Central banks face the perennial problem of “time inconsistency”. This is the paradox that the optimal policy for a central bank at the current time may not be the optimal policy later. For instance, a central bank may promise in the future to raise rates to curb inflation. Market rates rise, conditions tighten, unemployment rises and inflation starts to fall. The bank is then in the position of having to raise rates when the labor market is weakening, or risk damaging its credibility.

Today, it may be optimal for the Fed to start countenancing rate cuts as it appears (to the Fed) that inflation is back under control. However, this blunts the totality of its policy rate’s impact across markets and the economy, raising the risk of a re-acceleration in inflation.

To see this, financial conditions are an obvious place to start.

The Fed has frequently cited them as one of the metrics it deems as important to gauge if policy is working.

“Key for policy is persistence of easing in financial conditions,” president of the New York Fed John Williams stated in a speech only last week.

Most indexes of financial conditions are composed of stock prices, implied volatility, credit spreads and credit standards.

The rally this last month across assets has thus loosened financial conditions. This is actually quite normal after the Fed’s last hike, as can be seen in the chart below.

The key question is whether conditions will eventually ease enough to bring the Fed back to the table with another rise in rates?

Given generally still-favorable liquidity conditions that are supportive of risk assets, the odds are heading in that direction.

First, both prongs of Fed policy – quantitative tightening and the level of rates – are now tempering financial conditions rather than tightening them.

With QT, Fed reserves have been rising, despite the ongoing contraction in the Fed’s balance sheet. As discussed last week, November saw a jump in Fed reserves by ~$200 billion.

The dynamics of the Fed’s balance sheet – specifically money market funds drawing down on excess liquidity in the reverse repo facility (RRP) and the Treasury’s preference for issuing bills – have meant that reserves are being on net added to the system, supporting asset prices.

With the RRP still at ~$1.25 trillion and the next Quarterly Refunding Announcement — where the Treasury could indicate it is skewing issuance away from bills again — not until late January, there are no signs this supportive backdrop will alter in the near future (although we have seen a short-term dip in liquidity over the past week).

Also, the Fed’s policy rate is becoming less restrictive. The neutral rate, r*, is unobservable and estimates are released with a lag. But we can get a real-time indication of how restrictive the Fed’s rate is by looking at the yield curve. As the chart below shows, the difference between real fed funds and r* (i.e. the degree of restrictiveness in the rate) is analogous to the 3m versus 10y curve.

The steepening of the yield curve is telling us that even though the Fed has not yet cut the policy rate, it is nonetheless becoming less restrictive.

Global liquidity conditions are also easing, which will provide a further support to US assets, especially as the dollar continues to weaken. The Global Financial Tightness Indicator (GFTI) is a diffusion of central-bank rate hikes and has been rising – indicating easing conditions – as fewer central banks are hiking and some are cutting.

The Advanced Global Financial Tightness Index (the AGFTI; brown line in the chart below) uses central-bank rate expectations to lead the GFTI by about six months. As we can see, less hawkish central banks are boosting the AGFTI, pointing to the GFTI (black line in chart) continuing to rise also; i.e. financial conditions should keep easing.

Moreover, as discussed in last Tuesday’s column, excess liquidity also continues to rise, which is very supportive for risk assets over the medium term.

It’s been over four months since the Fed last hiked rates, and the market expects the next move to be a cut. History is on its side: it would be unprecedented for the Fed to re-start a hiking cycle after so long when rates are restrictive.

But not so if the rate is unrestrictive (i.e. it is less than r*), with the Fed recommencing hikes after a long pause on several occasions (1973, 1977, 2016 and 2017). The steepening of the yield curve or a re-rise in inflation (as I expect) would both indicate the Fed’s rate is losing its bite.

Liquidity conditions are such that risk assets keep can keep grinding higher, emboldening yet more speculative behavior antithetical to the desire to rein in animal spirits, increase risk premia and thus keep inflation contained.

The likelihood is rising the Fed – haunted by the ghost of Arthur Burns – will feel compelled to push against the market and raise rates again.

Tyler Durden
Tue, 12/05/2023 – 09:30

via ZeroHedge News https://ift.tt/0vCdkqF Tyler Durden

Israel Readying Risky Plan To Flood Miles Of Gaza’s ‘Terror Tunnels’ With Sea Water

Israel Readying Risky Plan To Flood Miles Of Gaza’s ‘Terror Tunnels’ With Sea Water

Israel’s military has reportedly put in place controversial and high risk plans to flood Gaza’s vast network of underground tunnels used by Hamas with sea water. High powered pumps have already been set up at key locations in the Gaza Strip.

The plan is to force Hamas militants above ground or else drown them, utilizing a series of pumps to pull water from the Mediterranean Sea, which are expected to provide enough water to fully flood the tunnels within weeks. According to details in The Wall Street Journal, US defense officials have been briefed on the ‘option’ – and with pumps now in place – but it’s not believed that the Israelis have pulled the trigger on it yet. 

Water plant in Israel, via Shutterstock 

“The Israel Defense Forces finished assembling large seawater pumps roughly one mile north of the Al-Shati refugee camp around the middle of last month,” the report indicates. “Each of at least five pumps can draw water from the Mediterranean Sea and move thousands of cubic meters of water per hour into the tunnels, flooding them within weeks.”

Some US officials were cited as expressing “concern” about the plan, also given the potential to kill more civilians and further destroy the Strip’s infrastructure. A prime issue is that some 137 Israeli and foreign hostages remain in Hamas captivity after the end of last week’s ceasefire and prisoner swap deal. 

Very likely all or many of them are being kept somewhere within the tunnel system and its cavernous rooms. Hamas even has subterranean offices and command centers within. Israel has thus far identified at least 800 tunnels, but believes the network is still much bigger than what’s known.

“We are not sure how successful pumping will be since nobody knows the details of the tunnels and the ground around them,” one unnamed security source told the WSJ. “It’s impossible to know if that will be effective because we don’t know how seawater will drain in tunnels no one has been in before.”

There’s also the question of the seawater destroying altogether what’s left of the Strip’s already damaged water system, which draws on Gaza’s increasingly saltier aquifer. The whole flooding initiative could also bring down more buildings or entire blocks, making the place uninhabitable for years to come. 

“Wim Zwijnenburg, who has studied the impact of war on the environment in the Middle East, said that assuming that about one-third of the tunnel network is already damaged, Israel would have to pump roughly 1 million cubic meters of seawater to disable the rest,” the WSJ report notes.

Last week, Secretary of State Antony Blinken was in Israel where he pressed for a “clear plan in place that puts a premium on protecting civilians.” But if Israel ‘gets creative’ with these daring plans to flood the tunnels, this will bring even more pressure to bear on the White House internationally to condemn or reign in the IDF.

While President Biden has been personally relatively quiet on the issue, his security officials as well as Vice President Harris have been increasingly vocal on the need to protect civilians.

A month ago there were wild reports and speculations that Israel could pump Sarin gas or other chemical weapons into the tunnels. However, this is unlikely to have ever been a real option given the unpredictable nature and potential spread of nerve agents to confines not intended to be targeted (such as civilian homes, hospitals and buildings above the tunnels).

Tyler Durden
Tue, 12/05/2023 – 09:10

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Markets Are Overstretched But No One Wants To Sell

Markets Are Overstretched But No One Wants To Sell

By Michael Msika, Bloomberg Markets Live reporter and strategist

Warnings are piling up that the market is overheating, but “don’t fight the tape” seems to be the motto now in this last stretch of the year.

The market continues its grind higher after a stellar performance in November for bonds and stocks. With December typically a good month for stocks, it seems no one wants to be short or bet that things will get shaky. If anything, there’s just a bit of hedging or rotation going on.

“Given that dealers are still positioned in positive gamma, there appears to be no immediate catalyst to disrupt the ongoing low-volatility environment,” say Tier1Alpha strategists.

“If the S&P 500 begins to trend lower, market makers will have to mechanically buy the dip. Conversely, if the market trends higher, dealers will have to sell futures in order to maintain a delta-neutral position.”

The rally has broadened, taking the Stoxx 600 technical breadth to levels that typically warrant a pause, if not a retracement. Not only is the benchmark is now overbought based on the relative strength index (RSI), but the proportion of overbought members is the highest since February, exceeding 20%.

“The bounce is a squeeze,” say UBS strategists led by Gerry Fowler, who see the November surge as being driven by technical factors. “CTAs were short but have now closed 80% of their position. Investors had become short a range of unloved stocks and were squeezed out of positions.”

The strategists still expect that the highly anticipated slowdown and equity weakness are coming but it could be like an “escalator down” – slow.

Last week, surprisingly strong US GDP data as well as stabilizing flash PMIs in Europe were additional reasons to embrace the soft-landing narrative. Nevertheless, while economic surprises are showing improvement in Europe, they’re still negative, while the US equivalent is on a downward slope, possibly a bad medium-term omen for stocks.

Yet, that may not be enough to stop the market’s ascent, especially as central banks are turning increasingly dovish. Citigroup strategists led by Beata Manthey, who see around 10% upside for European stocks next year, expect an “improving balance of risks.”

“Rates/inflation are falling, geopolitical risks have abated, and European PMIs have likely bottomed,” they say. “This points to rising chances of economic ‘soft landing’ scenarios and potentially expedited policy easing.”

“We stay bullish into year end, appreciating the fact the set up — positioning, technicals, sentiment, year-to-date performance — is very different compared to where it was this time last month,” says Carl Dooley, head of EMEA trading at TD Cowen.

Tyler Durden
Tue, 12/05/2023 – 08:50

via ZeroHedge News https://ift.tt/jETnpLW Tyler Durden

Want To Challenge Your Speed Camera Ticket? That’ll Be $100.


Speed camera sign on the side of the road | Photo 159057491 © Michele Jackson | Dreamstime.com

Motorists caught speeding in Peninsula, Ohio, have options: They can pay with Visa, Mastercard, Discover, or PayPal. But if they want to dispute a ticket, the flexibility ends.

Before vehicle owners can appear in municipal court to defend themselves, they must pay a $100 “filing fee.” No exceptions. No discounts. No deferrals. It’s the cost of admission—roughly the same as a one-day ticket to Disneyland.

Many drivers skip the expense and plead guilty, which works well for Peninsula. In just the first five months after launching a handheld photo radar program in April 2023, this village south of Cleveland generated 8,900 citations and $400,000 in revenue. That’s an average of about 1,800 citations and $110,000 in revenue per month.

These are staggering numbers for a community of just 536 residents. If revenue from the program continues at this rate, Peninsula could meet nearly its entire $1 million annual budget from traffic enforcement alone. Six police officers, rotating among nine strategic locations, could keep the village solvent with virtually no help from tax collectors.

Locking the courthouse doors to all but the most determined defendants—who also have $100 to spare—is key to the scheme. The tactic solves a built-in problem with photo radar enforcement that municipalities have grappled with for decades.

These programs are designed for maximum efficiency, which means eliminating human contact as much as possible. The only hiccup occurs when people demand their day in court. Hearings involve old, labor-intensive technology, which has not changed much in 200 years. A sudden strain on the system—inevitable when a police department starts cranking out more than three citations per resident per month—can produce a backlog.

So Peninsula is hiding its judges behind a paywall. Now officers can point and click without talking to anyone. No traffic stops. No trips to the courthouse. No testimony under oath. Revenue can flow like the nearby Cuyahoga River.

The streamlined approach might not seem novel. Many states impose court costs for minor traffic offenses. Appearance fees range from $22.50 in Maryland to $226 in Illinois.

Other states let people contest their tickets for free but charge for lawful behavior outside the courtroom. Arizona, for example, requires hand delivery of automated traffic tickets, which means vehicle owners can ignore violation letters that come in the mail. Once a process server tracks down these people, they must pay extra for not waiving their right to proper notice.

All of these fees undercut the Constitution, which guarantees due process. But judges typically wait until they hear evidence and render a decision before demanding payment. The timing is important. It means even the poorest citizens—people with no money in the bank—can at least show up and confront their accuser.

Stow Municipal Court, which serves Peninsula, reverses the order and collects fees upfront. People who win their cases get their money back (without interest). But if someone shows up and loses, the court keeps the filing fee and tacks on a fine. A $150 ticket jumps to $250, a 67 percent increase.

Not even California, which forces some motorists to pay deposits to reserve their place on the court docket, goes that far. There, the money collected in advance is based on potential fine amounts and does not raise overall ticket costs. California also requires courts to consider a person’s ability to pay for citations upon request. Vehicle owners who demonstrate financial hardship can have fines and fees reduced or waived.

Peninsula ignores financial hardship. Court access is a luxury reserved for people who can pay to play.

The village tries to get around the obvious constitutional affront by classifying most speeding violations as civil rather than criminal offenses. Motorists who lose their cases do not face jail time, have points added to their license, or see their insurance rates go up. Yet they still lose money.

Peninsula downplays the perverse incentive for “taxation by citation,” the use of police power to raise revenue, by shifting conversations to public safety. Local officials invoke an allegedly urgent need to slow traffic.

Yet these claims of a crisis are dubious. The Ohio Department of Public Safety reports only one traffic fatality in Peninsula since 2020 and only about three collisions per month.

Since the photo radar program started, this rate has more than doubled to nearly seven per month and the village reached a four-year high of 13 collisions in October 2023. This spike could be a coincidence. Perhaps it reflects lower traffic counts during the COVID-19 pandemic. The sample size is too small for any definitive statement.

What is certain is the disregard for the Constitution. Our public interest law firm, the Institute for Justice, has described its concerns in a November 27 letter to Peninsula officials. Put simply, people have a right to defend themselves before the government imposes fines and fees.

Traffic courts already take shortcuts to raise revenue. Vehicle owners need more access to justice, not paywalls.

The post Want To Challenge Your Speed Camera Ticket? That'll Be $100. appeared first on Reason.com.

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Back to the Caves


Al Jaber | Kyodonews/ZUMAPRESS/Newscom

Fossil fuel drama: “Absolutely not,” said Abdulaziz bin Salman, the Saudi Arabian minister of energy, on TV when asked if his country would agree to the fossil fuel phase-down currently being drawn up at the United Nations’ COP28 climate talks in Dubai. Abdulaziz “called out countries pushing for a phase out of fossil fuel for hypocrisy, saying that if they believed in it they should just get on with it,” reports Bloomberg. 

“I’m not naming names,” added Abdulaziz, whose country has been exploring carbon capture technology as a possible solution. “But those countries who really believe in phasing out and phasing down hydrocarbons, you should come out and put together a plan for how in starting 1st of January 2024.”

Meanwhile, the COP28 president is being raked through the coals for a soundbite questioning “the scientific basis for calls to phase out fossil fuels in order to keep global warming to 1.5 C,” per Bloomberg, part of comments Sultan Al Jaber—an oil executive who is leading this climate summit—made in late November during a debate with the former Irish president. 

“A phase down and a phase out of fossil fuel in my view is inevitable—it is essential,” said Al Jaber, “but we need to be real, serious and pragmatic about it. There is no science out there, or no scenario out there, that says that the phase out of fossil fuel is what’s going to achieve 1.5.” 

Into the caves we go: Al Jaber also said that a full phase-out of fossil fuels would “take the world back into caves.” Some scientists and activists have not welcomed Al Jaber’s blunt realism, but have said his comments are “verging on climate denial.” 

To be sure, Al Jaber has been properly criticized for a possible conflict of interest, as he is also the CEO of the Emirati state-owned oil and gas company, ADNOC. But he’s correct to weigh tradeoffs and to point to the fact that world leaders need a more concrete plan, since toothless U.N. agreements don’t really cut it.

It was only back in 2015 that 195 countries agreed, at an earlier summit in Paris, to limit global temperatures to below 2 degrees Celsius to blunt the very worst impacts of climate change. But the agreement “lack[ed] an enforcement mechanism,” and “an analysis by Climate Action Tracker found that, as of 2021, none of the nations with large-scale emissions had instituted climate pledges in keeping with the 1.5-degree target,” per a New York Times analysis.

Chris Christie erasure? Former New Jersey Gov. Chris Christie has just barely met the threshold to be present on the GOP debate stage tomorrow, per an announcement by the Republican National Committee yesterday. He will join former South Carolina Gov. Nikki Haley, current Florida Gov. Ron DeSantis, and TikTok user Vivek Ramaswamy on the debate stage. Frontrunner Donald Trump will be skipping this debate, as he has done for all others this season, in favor of a fundraising event. If you have masochistic tendencies, tune in at 8 p.m. ET tomorrow.


Scenes from New York:  

I wanted to bring some holiday cheer, and write something festive, but the Columbia crazies keep derailing my plans with their straight-up Hamas apologism: 


QUICK HITS

  • It is the final day of Reason‘s Webathon. Many of you have donated, specifically citing Reason Roundup as a product you enjoy, which makes me blush with delight. Today is both your last chance to give (we hereby turn away all future cash) and your final day of being harassed as part of a fundraising plea.
  • American students trail their peers globally in math scores, possibly attributable to pandemic learning disruptions. Thanks, teachers unions, very cool.
  • Politico tries to pander to Gen Z with this headline: “Europe’s most ‘rizz’ politicians, ranked.” Actually, power-hungry agents of the state have no rizz. They all suck, and we shouldn’t get all soft on them.
  • Lol:

  • Reason‘s C.J. Ciaramella on how public records laws created the Florida Man.
  • Moody’s lowered its outlook on China’s credit from “stable” to “negative.”
  • Goodbye Doug Burgum, we hardly knew ye.
  • Pro-Palestine protesters keep shutting down New York City’s bridges, making the city’s congestion problem even worse:

  • Some whispers about a new development from OpenAI, called Q*.
  • “Inflation is your fault,” says The Atlantic‘s Annie Lowrey. “You would think, with prices as high as they are, that Americans would have tempered their enthusiasm for shopping of late; that they would have pulled back spending on luxury items; that they would have sought out budget and basic options, bought smaller packages, fewer things. This is not what has happened.” I thought The Atlantic was against victim blaming?
  • China says a U.S. Navy ship sailing in the South China Sea has violated its sovereignty, per a statement from the country’s military. Commander Megan Greene of the US Seventh Fleet says that the Navy ship was “conducting routine operations in international waters” in compliance with international law.
  • “I’m white. Should I repatriate my African art?” one reader asks The New York Times’ ethicist columnist. (The answer is actually good.)
  • “The US is in the midst of a visa retrogression, when a surge in demand collides with annual caps, jamming up the processing queue,” reports Bloomberg. “The delays are particularly bad for the main visa category that hospitals use,” contributing to the nurse shortage that the U.S. is currently experiencing.

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“Interfering with the Scent”

From State v. Gardiner, decided Wednesday by the Oregon Court of Appeals (Judge Jacqueline Kamins, joined by Judges Douglas Tookey and James Egan):

A woman reported that a man knocked on her door, stabbed her in the face, and ran away. Hillsboro Police Officers and medical and fire department personnel responded to that call. In order to find the assailant, the officers deployed a K-9-unit tracking dog.

Defendant approached the area on foot and began filming. At one point, while defendant was present, a bicyclist rode through the area after being told to wait 30 seconds by an officer. Defendant had some interactions with officers, and each of them told him to stay clear of the “dog track.” {According to officer testimony, the police dog is “trained for [tracking] fresh human odor” through footprints or air scent. Each dog track is never “exactly the same” because factors like weather temperature and wind direction affect a track. During a track, the dog-handler’s primary focus is to observe the dog’s behavior as it searches for scents, while other officers provide cover for the dog-handler.} Defendant was arrested after he disobeyed Edwards’ order to leave the area because defendant continued to walk parallel to the dog track, thereby “interfering with the scent” and interfering with the duties of the police officers….

Defendant claimed this “violate[d] his constitutional right to film police activity,” but the court disagreed. First, the court applied the Oregon courts’ framework for dealing with free speech challenges under Article I, section 8 of the Oregon Constitution:

The analytical framework for assessing Article 1, section 8, constitutional challenges includes three categories. The first category “consists of laws that focus on the content of speech or writing or are written in terms directed to the substance of any opinion or any subject of communication.” The second category “consists of laws that focus[ ] on forbidden effects but expressly prohibit[ ] expression used to achieve those effects.” Generally, those laws are analyzed for overbreadth. The third category “consists of laws that focus[ ] on forbidden effects, but without referring to expression at all.”

The parties agree that ORS 162.247 is a speech-neutral statute that falls under category three …. In order to determine whether a “category three law violates Article I, section 8, as applied to particular conduct, the court must examine [1] how the law was applied to determine whether the application was directed at the content or the expressive nature of an individual’s activities, [2] advanced legitimate state interests, and [3] provided ample alternative opportunities to communicate the intended message.” …

First, we consider “how the law was applied to determine whether the application was directed at the content or the expressive nature of an individual’s activities.” Defendant argues that because the officers allowed a bicyclist to ride through the area and yet “disallow[ed] defendant to film, the officers exercised their authority more restrictively against defendant than they did other members of the public.” We disagree. Before the bicyclist rode through the area where the dog track was present, the officer ordered the bicyclist to stop and wait 30 seconds; the bicyclist obliged and rode away without any incident. That interaction does not undermine the conclusion that defendant’s conduct of walking parallel to the dog track and disobeying orders—as opposed to the expressive activity of filming the police—were the basis of his arrest. Indeed, the officers repeatedly reassured defendant he could film but told him that he needed to avoid the dog track….

Second, we consider whether the application of ORS 162.247 advanced legitimate state interests. Defendant argues that the application of the statute did not advance legitimate state interests because his following the dog track did not hinder any police investigations. We disagree. The state advanced the legitimate interests of enforcing the statute for three reasons, which we find to be appropriate: (1) an armed suspect may have been present in the area; (2) there were public and police officer safety concerns because of that armed suspect; (3) and the situation was not static because there were no defined search boundaries.

Finally, we consider whether defendant was “provided ample alternative opportunities to communicate the intended message.” Defendant argues that officers did not provide alternative avenues because they did not “provide him with specific, clear, unambiguous directions on how to” film the police “that were narrowly tailored to their concern.” We disagree. On at least two occasions, defendant was told by at least two officers where to stand to avoid interfering with the dog track. Before arresting defendant, an officer told him to remain in a certain spot. Defendant initially listened to the officer but then began walking parallel to the dog track. Defendant was arrested only after the officers provided him alternative opportunities to remain in specific areas to continue filming.

For the same reasons, we conclude that the officers’ conduct did not violate the First Amendment….

Carson L. Whitehead represents the state.

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