Two well-known Waynesville Democrats running against each other for a shot at representing mountain people in Raleigh so far are playing fair and keeping the race clean.

But their similar platforms, progressive rhetoric and measured campaigns mean voters deciding between Joe Sam Queen and Danny Davis will likely be left to size up the man behind the race rather than the policies they stand for.

“There is little he wouldn’t say in his stump speech that I wouldn’t say ‘Amen’ to,” Queen said of Davis. “This is a Democratic primary, and Democrats have to choose among their friends. I have heard ‘I like you both’ more than once.”

The two men are vying for a seat in the N.C. House of Representatives representing Jackson, Swain and the greater Waynesville and Lake Junaluska area of Haywood County. The winner will run against Mike Clampitt, a Republican from Swain County, come November.

The seat suddenly came open this year when Rep. Phil Haire, D-Sylva, announced he would retire. Haire has served seven terms. Queen and Davis quickly emerged as Democratic contenders following Haire’s decision.

Both men lament the budget cuts witnessed under Republican leadership as being too harsh and decry Republican leadership for taking the state in a regressive direction.

But those arguments will play out in excruciating detail come the general election in November when facing an opponent from the other party. For now, in this civil race between two Democrats, Queen and Davis are left trying to convince voters they have the experience needed to get the job done.

Davis spent 26 years as a District Court judge in the seven western counties, what he calls a “front row seat” on the issues affecting people’s lives.

“There is no better training than being a District Court judge when it comes to seeing the problems people in our community face,” Davis said. “If there is a new drug on the street, we are the first to see it. If the economy is bad, we are the first to see it. People lose their jobs and can’t pay their child support.”

Davis has even witnessed the struggle over health care, when people’s insurance runs out, and they turn to credit cards to pay medical bills only to end up with collection agencies after them.

“I wish members of the General Assembly could come to court and see how people really live,” Davis said. “What they do down there has repercussions.”

Meanwhile, Queen, an architect with a side business managing a vast inventory of rental property, points to his six years spent in Raleigh as a state senator.

Queen said it’s easy for first-time candidates to draft legislative wish lists and sweeping campaign platforms. But once in Raleigh, reality sets in, something he learned the hard way his first time around.

“I have been proud, forceful and green before, and you don’t get much done,” Queen said. “I got my pocket picked plenty. There is a learning curve. Experience matters.”

Queen lost his seat in the Senate in 2010 after several hard-fought elections that saw the seat flip-flop back and forth between Queen and his Republican opponent each election cycle. Thus, his six years in Raleigh were served intermittently during the course of the past decade. Nonetheless, Queen said he can get right to work for the region thanks to the experience and relationships he’s already built in Raleigh.

“I know where the landmines are and how difficult it is to pull things off,” Queen said. “We need to have experienced legislators serving us because you get better every year. That is just a fact.”

But, Davis isn’t easily assuaged.

“I don’t think I will miss a beat when I go down there,” Davis said. “I think my experience as a judge gives me instant credibility. I think I have a much stronger background thinking through how legislation is going to affect people.”

Davis says he is familiar with the legislative process and has honed the art of approaching problems with critical and rational thinking.

“Having to sit down with folks and say, ‘Here’s where we are and here’s where we need to get,’ it doesn’t mater if you are a judge or a legislator, the art of negotiating is the same,” Davis said. “I think the best thing I have learned from being a District Court judge is how to listen. No one is ever 100 percent correct, and no one is ever 100 percent wrong.”

Davis also points to the decorum it takes to run a courtroom in a civil, respectful manner while still staying in charge.

Queen countered that his experience doesn’t stop at the steps of the legislative building, but he knows what it means to work in the private sector business world.

“I am an architect, a farmer, a businessman. I have employees and make payroll and deal with business cycles,” Queen said.

Do or die county

While Queen and Davis are both from Waynesville, the race will likely be fought and won in Jackson County — clearly the largest bloc of voters compared to much smaller Swain County and the fraction of Haywood that lies in the district.

Jackson accounts for half the likely voters who will cast ballots in the race. Swain accounts for less than 20 percent. Haywood’s partial territory accounts for slightly more than 30 percent.

The breakdown, an analysis by Queen, factors in registered Democrats as well as unaffiliated voters who typically vote in the Democratic primary.

Davis believes he has strong name recognition in Jackson County, where he served for two-and-a-half decades as judge, a post that spanned all seven western counties. Likewise, he has been serving in Cherokee as one of the three justices on the Cherokee Supreme Court and as a substitute tribal court judge.

Queen said his name is known outside Haywood from his years in the state Senate. Even though his Senate district extended to the north and east of Haywood — and did not include Jackson or Swain — his name was still out there. Queen said he partnered with other mountain legislators to get regional projects accomplished, including initiatives in Jackson even though he technically didn’t represent that county in the senate.

But to make sure, Queen is campaigning heavily on the ground in Jackson and Swain counties. He is pulling out all the stops with a series of meet-the-candidate events, complete with free food and a line-up local bluegrass bands at each. His events have run the gamut from a waffle brunch at an outdoor park in Sylva to an upscale restaurant in Cashiers.

“I have really enjoyed this primary. It has been fun, and I try to make it fun,” Queen said. “I try to have good music, good food and a good vision — the vision excites people.”

The kind of campaign Queen is running also takes money, between hiring bands and feeding anyone who shows up. Queen has a history of tapping his personal finances, spending well over half a million of his own money his later Senate campaigns.

Davis is hosting two campaign events compared to Queen’s eight.

Primary factors

There’s more than sheer population that makes Jackson a heavy-hitter in the Queen-Davis race.

Jackson County might see higher voter turnout than its neighbors thanks to a ballot measure on whether to legalize alcohol sales countywide (see article on page 12).

Democratic voters in Jackson County also have a primary contest for county commissioner, unlike Haywood or Swain.

It’s hard to predict what kind of voter turnout Davis and Queen can expect. Primaries generally don’t draw a lot of attention.

While there’s not likely to be nearly the interest as in 2008 when Hillary Clinton and Barack Obama were duking it out in the Democratic primary, it’s not exactly a sleeper either.

For starters, there’s the referendum on a constitutional amendment that would ban same-sex marriages and civil unions that is bound to turn out voters who otherwise would sit out the primary.

Democrats also face the task of picking their nominees to run for governor and congress, in the wake of the political retirement of Gov. Beverly Perdue and Congressman Heath Shuler.

Do I vote in this race?

Yes, if you live anywhere in Jackson and Swain counties. Also yes, if you live in the greater Waynesville area, Lake Junaluska or Iron Duff in Haywood County.

The answer gets tricky if you live in Maggie Valley, as the Ivy Hills precinct lies in two different N.C. House districts. The best bet for Ivy Hills voters is to call the board of elections at 828.452.6633 and ask them to check your address. But as a rule of thumb, the Dellwood area of Maggie votes in this race. Residents of Maggie Valley proper and Jonathan Creek do not.

The primary is upon us

The Smoky Mountain News begins an information-packed month of election coverage this week. Stay tuned for coverage of county commissioner races, U.S. Congress, the same-sex marriage amendment and Jackson County’s alcohol vote.

Early voting starts April 19. Election Day is May 8.

Voters can cast ballots in either the Republican or Democratic primary but not both. Unaffiliated voters can chose which party’s ballot they want when they show up to vote.

A huge former antique mall in Macon County will soon become the largest private gambling operation outside of Cherokee when Jokers Wild, a sweepstakes parlor featuring 65 video machines, opens next month.

And, there’s plenty of floor space left to double the number video terminals in the huge, rambling building, located just across the highway from the busy tourist hub Smoky Mountain Hosts.

Heading down the highway toward the Georgia state line, another operation with 30 of these Internet gambling machines will soon be rolled out. In all, there are about a dozen sweepstakes cafés — really, some of these are more like small casinos — operating in Macon County along the stretch of highway leading from Georgia.

Despite criticism that the sweepstakes cafes are simply out-and-out old-style gambling parlors, their popularity is undeniable.

“We’re adults; it’s our choice whether to play or not,” said Joe Donahue, a north Georgia resident who was at Deuces Wild on U.S. 441 one day last week with his wife. “It’s my money.”

By the looks of it, a lot of people feel the same way Donahue feels. This was early on a workday, and several customers were already inside playing. U.S. 441 regulars said that at night, the parking lots of these sweepstakes cafés are packed with cars. Many are reportedly coming in to play from Georgia, explaining the concentration of the sweepstakes parlor on the highway corridor just inside the North Carolina state line.

Legal machinations

More than 1,000 sweepstakes cafes are estimated to be operating statewide despite a ban by the General Assembly on video gambling. When sweepstakes machines appeared in the wake of the ban — looking for all the world like a reincarnation of the outlawed video gambling machines, despite owners’ claims to the contrary — operators of the machines and the General Assembly became locked in a game of cat and mouse, leading to a new state law that broadened the ban and, ultimately, lengthy legal challenges.

Continuing uncertainty about whether the state actually can prohibit these sweepstakes cafes, the state attorney general has recommended that law enforcement not shut them down for now.

A few weeks ago, a North Carolina Court of Appeals ruling, with one of three judges dissenting, found that the current state law prohibiting sweepstakes cafés is unconstitutional. This means these bigger sweepstakes cafes — maybe better termed sweepstakes cafeterias — could be just the beginning of what Macon County and other Western North Carolina communities can expect.

The N.C. attorney general’s office says it will appeal to the state Supreme Court.  

Sweepstakes cafés sell “time” to customers to gamble online or by cell phone. Customers, in return for whatever amount of money they care to risk, log on to their machine of choice and play for the allotted time purchased.

Sweepstakes café owners and managers argue that letting customers “find” cash and prizes via computers is simply buying and selling Internet or phone time — not real gambling, in other words.

Georgia launched a crackdown last year on certain “illegal” Internet cafes.

Under Georgia law, violators found to be operating illegally are typically charged with commercial gambling or for violating Georgia’s RICO Act for racketeering.

Some operators may have turned their sights to North Carolina.

Based on information gathered in the sweepstakes cafés and from names of permits on file with the Macon County Building Department, many of the gambling businesses in Macon County are, in fact, owned by Georgia residents.

Charge ‘em while you got ‘em

Towns across Western North Carolina have imposed steep business license fees on the sweepstakes parlors, hoping to make a little money off the lucrative enterprises operating within their borders.

Franklin recently increased its fees. Franklin charges $2,600 per Internet café establishment and $1,000 per machine. This is an increase from a flat $2,600 fee per business charged previously.

Town Planner Mike Grubermann said establishment owners are making enough money off the machines that even the new fees “are just a drop in the bucket.”

Grubermann said sweepstakes cafes in Macon County have become a major business enterprise.

“It seems like everybody has got to have sweepstakes machines now,” said Grubermann, adding that a dog grooming business in town recently added some “so that people can play while getting their dogs groomed.”

Unlike the town of Franklin, Macon County has no way to cash-in on these sweepstakes parlors, which mark almost the sole form of economic development taking place these days in WNC.

Maggie Valley and Canton currently both demand $2,500 for the first four machines and charge $750 for each subsequent machine. Maggie collects $8,250 a year, while Canton makes nearly $32,000 each year. Waynesville is looking to charge the same amounts.

Waynesville Manager Lee Galloway said the town’s attorney is preparing the necessary ordinance and that he wasn’t certain when the town’s aldermen would consider the law change. Galloway said a new ordinance might not take effect before July 1.

A sweepstakes poker café has opened on South Main in Waynesville with about 40 machines, but Galloway said at most, operations are still the three-or-four machine businesses located in service stations or similar establishments.

Not too long ago, however, two people came into Waynesville’s police department asking for permits to start operations with as many as 40 to 60 machines.

David Connell, who owns the building that has been rented outside Franklin for Jokers Wild, said he’s excited to finally have a renter onboard for the huge, former barn.

“It’s been sitting a year and a half empty. No one else could afford to rent it,” said Connell, adding that the owner of the future sweepstakes café expects to open sometime in April.

Jack Morgan, head of building inspections for Macon County, said the business owner would have to make the building handicap accessible and meet certain other requirements.

Margaret Wakefield is not a college student nor does she sport dreadlocks and Birkenstocks while chatting about how the world should focus more on peace and love.

Wakefield has short dark hair, pink fingernails and silver heart-shaped earrings. Wearing a printed shirt and sweater, the Cherokee resident is dressed as if she was going to a nice restaurant with a friend or just coming from church.

Despite her clean-cut appearance, Wakefield is a vocal leader for, what some may find, a surprising cause — medical marijuana.

Wakefield’s mother died from cancer a year ago, and the life-changing event has made her very open and passionate about allowing people suffering from chronic illnesses to use cannabis as a form of treatment.

“If I had known then what I know now … (my mother) would have had some to smoke everyday,” said Wakefield, a member of the North Carolina Cannabis Patients Network, a nonprofit with the end goal of passing a medical marijuana bill. Medical cannabis is legal in 16 states and in Washington, D.C. Another 17 states have seen bills introduced.

The N.C. Cannabis Patients Network has about 700 members, most of whom range from age 30 to 60 and beyond, Wakefield said. Members are also allowed to remain anonymous.

“We are just wanting to be able to grow our own medicine,” she said. “We are trying to get our rights back.”

There is currently a bill in a N.C. House of Representatives committee, which NCCPN hopes will be voted on either during the upcoming short legislative session in April or when the newly elected General Assembly leaders meet next year.

House Bill 577, a.k.a. the Medical Cannabis Act, would allow people with debilitating medical conditions, including cancer, glaucoma, AIDS, Alzheimer’s disease, multiple sclerosis and osteoporosis (to name a few), to receive prescriptions for medical marijuana from their doctors. Studies have shown that cannabis can increase one’s appetite and offer pain relief.

The state would also profit from the legalization of medical marijuana. Within four years, the state would realize about $250 million in revenue from the production and sale of cannabis each year, according to the bill.

However, Wakefield understands that the organization is in for a tough fight in this Bible Belt state, especially since some are hesitant to sign their name in support of such a controversial bill. When asked what the biggest obstacle to the bill’s passage was, Wakefield immediately spouted the Republicans.

“They tend to be a lot more conservative than Democrats,” she said.

But even when the General Assembly was under a Democratic majority in previous years, similar efforts went nowhere.

While marijuana carries a stigma for its use as a recreational drug, allowing medical marijuana is not tantamount to opening the floodgates of illegal use, supporters claim. Many synthetic pharmaceutical drugs are abused in street settings but are still legal for their perceived medical benefits.

One Democratic state representative from Buncombe County has already put her support behind the Medical Cannabis Act.

Patsy Keever, who is serving her second term of office in the N.C. House of Representatives, said her husband suffered for three years before he died of cancer, and his pain medication was in pill form.

“He couldn’t swallow,” she said.

If medical marijuana was available, her husband could have inhaled it in a vapor form, Keever said.

“Medical marijuana has been proven to treat the pain,” Keever said. “Anything that will just help somebody in pain and not harm them or anybody else seems like a no brainer to me.”

The bill being considered in North Carolina is much stricter than the one in California, Wakefield said.

In California, it is widely claimed that anyone can get a medical marijuana prescription by simply walking into a doctor’s office and saying you have a problem. In North Carolina, patients looking for a prescription would have to have a relationship with their physician, which includes a full medical assessment and the doctor’s willingness to provide follow-up care to determine the efficacy of the drug.

People who wish to grow or sell marijuana or marijuana-infused products, such as cookies or butter, will be required to pay a $5,000 licensing fee each year. That amount could increase to $10,000, pending possible amendments to the bill, Wakefield said.

Get involved

The North Carolina Cannabis Patients Network will hold a meeting at 2 p.m. on March 10 at Tribal Grounds Coffee Shop in Cherokee. Discussions will revolve around allowing the use of medical marijuana in North Carolina and educating people about the benefits of prescription cannabis. The meeting is open to the public.

828.497.9045.

More than a year has lapsed since 15-month-old Aubrey Kina Marie Littlejohn died on the floor of an unheated single-wide trailer in Cherokee one frigid January night, but it could be several more months before the state conducts a child fatality review required by law in such cases.

Swain County Department of Social Services alerted the state to the suspicious child death the day after Aubrey died in January 2011, but the mandatory case review hasn’t been started yet because of a statewide backlog. The N.C. Department of Health and Human Services formally accepted the case for a child fatality review last April, but the review has not been scheduled yet, according to Lori Watson, a spokesperson for the state agency in Raleigh.

Ideally, a child fatality review can help prevent future tragedies. It is supposed to detect where social safety nets failed and whether there are cracks in the system that need fixing.

In Aubrey’ case, it seems there will be plenty to learn from such a review. Cops, neighbors, family members and social workers all came in contact with Aubrey’s caretaker and noticed red flags, from violent behavior and suspected drug use to poor living conditions and even visual signs of abuse.

The child fatality review is not intended to find fault, nor is it a witch-hunt to hold anyone responsible, Watson said. The state in particular is interested in whether new policies or protocols could have saved the child’s life.

It is a learning exercise that taps the insight of anyone who may have interacted with the child — teachers, daycare workers, pediatricians, friends, family and social workers — to determine what could be done differently in the future.

“They will bring all those people together that had been involved in that child’s life,” Watson said.

By design, the case review isn’t conducted on the heels of a child’s death.

“They try to plan them so they give the community an opportunity to heal and people can come back to the table and take an objective approach to looking at the case,” Watson said.

But, a year and counting is longer than it should be in an ideal world. It could be several more months yet before it is conducted.

Watson said the agency is facing a backlog of its child fatality reviews. Watson cited staff turnover and unfilled positions at the state level as reasons the agency got behind.

The child fatality review will likely determine why social workers had forcibly removed other children from the home where Aubrey was living but allowed Aubrey to stay. Social workers had documented inappropriate use of physical discipline against Aubrey when she was just a year old. In addition to bruises on Aubrey, there were also signs she wasn’t developing like a baby of her age should, but she was not being taken to the doctor for check-ups.

Cops had been to the residence multiple times, according to dispatch records. Neighbors witnessed violent behavior in the yard of the home and noted children fending for themselves.

Swain DSS records in baby’s death to remain sealed

Prosecutors in a second-degree murder and felony child abuse case in Swain County have sealed social service records for fear they could compromise the on-going investigation or the ability to prosecute the case.

Prosecutors have told the Swain County Department of Social Services not to release records that would normally be made public surrounding the death of 15-month-old Aubrey Kina-Marie Littlejohn, who died more than a year ago. Ladybird Powell, Aubrey’s great-aunt and caretaker, was charged in connection with her death this month.

Since DSS records are highly personal — often revealing private aspects of family life, emotional state and financial status — they are all confidential.

There is an exception, however, when criminal charges surround a child’s death. In such cases, DSS is supposed to release a summary of the agency’s involvement with the child, describing whether social workers had the child’s well-being on their radar and what steps, if any, were taken to investigate or improve the child’s safety and care.

The district attorney’s office has the authority to block the release of the records if it is deemed a risk to the criminal case, however.

In this case, the prosecutor has done just that, citing the highly unusual circumstances of a separate yet parallel case against two social workers. The workers allegedly falsified records following the child’s death, presumably to conceal whether the agency properly followed up on complaints of abuse and neglect, according to a State Bureau of Investigation probe.

Whether social workers did their job or failed to intervene and protect Aubrey has been a source of heated and emotional controversy. The records, if released, would reveal whether social workers acted on reports of suspected abuse and neglect — assuming the records provide an accurate picture.

But releasing those records that describe DSS involvement in Aubrey’s case could compromise a fair trail in the separate case against the social workers, since their involvement — or lack of involvement — is at the heart of that case.

The release of records would “jeopardize the state’s ongoing investigation” and “jeopardize the state’s ability to prosecute” the case, the district attorney’s office told Swain DSS when blocking the release of the documents.

The ball is already rolling on repairs to the rides at the once-popular Ghost Town in the Sky amusement park in Maggie Valley, but a summer opening could hinge on the park passing muster with state inspectors.

New owner Alaska Presley, a businesswoman and longtime Maggie resident, will meet with officials from the N.C. Department of Labor and town officials this week to discuss necessary repairs and improvements planned for the shuttered amusement park.

The Department of Labor and the previous owners had a contentious relationship as multiple devices failed multiple inspections on multiple occasions. Lack of communication by the former owner with state inspectors was part of the problem — one Presley intends to avoid now that she is at the helm.

The Department of Labor will be able to give Presley a better idea of what needs to be accomplished before she can open the park.

Ghost Town fell into bankruptcy about four years ago and ultimately ended up on the courthouse steps in mid-February this year. That is where Presley, a nearly lifelong Ghost Town supporter, purchased the park. She hopes to restore it to its former glory as well as add new attractions with modern appeal.

Presley said she hopes to open a portion of Ghost Town by the middle of summer. However, renovations and improvements will take at least three years, she said.

Presley would not name which rides she wants to fix up prior to her summer goals, saying she did not want to make any promises she couldn’t keep.

“I’m taking my time because I want it to be done properly,” she said.

Presley said she did not know which rides will need work, nor how much.

“At the time they closed, the rides were OK,” she said. “They look OK, but I just don’t want to take a chance on them.”

Instead, she will depend on ride inspectors with the Department of Labor to help point her in a positive direction.

The preliminary meeting this week is just about “goodwill and to be sure that I am on the right track and that I’m not doing anything that doesn’t need to be done,” Presley said.

For the Department of Labor, the appointment is a chance to get off on the right foot with Ghost Town’s new owner.

“(It’s) an opportunity to proactively assess the equipment,” said Tom Chambers, chief of the Elevator and Amusement Device Bureau at the Department of Labor.

Chambers is unsure exactly what to expect when he inspects the park, but said the rides were most definitely subject to wear and tear related to the weather, which could include corrosion to both the appearance and integrity of the equipment.

“A lot of time has lapsed between the last time we looked at this equipment and now,” he said.

The park has been closed since 2009. Its high-elevation mountaintop setting makes the rides and equipment particularly vulnerable to weathering.

The department inspects between 6,000 and 7,000 rides each year. Every ride in the state must undergo rigorous testing and be re-certified every season.

“We find problems with every device that we see,” Chambers said.

Not only does the department inspect rides, but it can also provide names of quality contractors who could complete specific tasks.

“We want her to be successful,” Chambers said.

Presley has already hired a company to trim the trees and tame the other plant life that has grown up in and around the park while it was stalled in bankruptcy and foreclosure.

“They got the (Wild West) town cleaned,” Presley said. “It’s just perfected.”

Within the next couple weeks, she also hopes to put out bids for plumbing repairs. The former owner did not shut off water to the park, resulting in burst pipes during the winter’s harsh freeze-thaw cycle.

A way up the mountain

Because Ghost Town is perched atop a steep mountain with no public road access, the only ways for visitors to access the park is by riding up in a chairlift or a cablecar known as the “incline railway.” Neither have been in working order, and both are key to the success or failure of Ghost Town.

Without them, visitors have to be shuttled up the mountain from a park-and-ride lot in school buses.

Presley is hunting for a contractor to begin repairing the incline railway, which transports visitors up the mountain to Ghost Town. She has already purchased the parts needed to repair the incline railway, but it will still be about five months before it’s fixed, she said.

And, what about the lift — the only other way to ascend the mountain slope?

To the best of her knowledge, “the lift is fine. It just needs to go through all the testing,” Presley said.

A couple town leaders attended an informal, private meeting with Presley last week to let her know that the town is behind her.

“We certainly will help anyway we can,” said Audrey Hager, the town’s festival director, during a phone interview. “We can’t speak to monetary or advertising.”

The town has already pitched in by helping facilitate the initial meeting between Presley and Department of Labor officials, who are required to inspect the park before it reopens.

“They have a lot of insight on what they (Ghost Town’s previous owners) did wrong in the past,” Hager said.

The roller coaster in particular had its ups and downs. After the amusement park filed Chapter 11 bankruptcy in 2009, the owners still tried to open it for the season, hoping to earn some money to help pay off its debt. However, on the opening weekend, neither the roller coaster nor the drop tower were running after failing to meet state standards.

Later that year, the roller coaster opened for a single day before it broke down once again.

Gov. Beverly Perdue laid out a proposal last week to increase the state’s sales tax by three-quarters of a cent to fund education.

The move would generate an estimated $850 million for the state’s public schools, community colleges and universities — money Perdue says is necessary to make up for the Draconian cuts to education at the hands of Republican legislators.

“We owe it to our children and our state to stop these cuts and make education a priority again — a fraction of a penny for progress,” Perdue said in a conference call with news reporters last week.

North Carolina is now 49th in the nation in per-pupil funding for education. Perdue said she was dismayed by what she considers the sell-out of the state’s long-standing reputation as a leader in education in the South.

“When I see a list with North Carolina in per pupil funding worse than Mississippi, Alabama, Arkansas — all these states that for generations had tried to be more like North Carolina — I feel like there is something really dangerous happening to North Carolina,” Perdue said. “It is shameful. It is wrong.”

But, the sales tax has no hope of passing muster with the Republican-controlled General Assembly, according to Sen. Jim Davis, R-Franklin.

Republicans are chalking Perdue’s proposal up to campaign posturing in her re-election bid this year.

“It is not going to go anywhere in the House or Senate,” Davis said.

Davis said an economic recovery is the best bet for boosting state coffers, and a tax increase would run counter to a recovery.

“We believe the economy is still very fragile and that money is best left in the hands of the private sector in the hopes that it will generate jobs and consequently increase revenue under the present tax structure,” Davis said.

But, Perdue is pitching the tax hike as an investment in children.

“I have never met a parent or a grandparent that actually didn’t want a better life for their child or grandchild than they’ve had themselves,” Perdue said.

The argument frames Republican lawmakers as putting the interests of children second.

“Of course she wants to make us out like bad guys so she can win the election,” Davis said.

But, Davis said Republicans’ stance against a tax increase is equally looking out for the interests of children.

“I don’t want anyone’s grandchildren or my grandchildren to inherit this legacy of debt,” Davis said.

He also questioned whether more money is always the answer.

“We believe the educational system has problems that money won’t fix,” Davis said.

Perdue will likely find allies in the ranks of public schools and universities. Bill Nolte, the assistant superintendent for Haywood County Schools, said education is hurting and could use any help it can get.

“If the governor or any other elected official can stop the bleeding, good for them,” Nolte said.

The Haywood County School system has lost $8 million and more than 120 positions during the past three years, Nolte said.

The result is larger class sizes and fewer teacher assistants. Teachers also have less help dealing with at-risk students, with students who can’t speak English and with special needs students — which takes time away from teaching the rest of the class.

Schools can brace for more cuts this coming year when a stream of federal stimulus money that until now had softened states’ budget crises is phased out.

Nolte admitted that the Republican leaders are keeping the promise they made to voters when they swept to power — namely that they would let a 1-cent sales tax initially billed as a temporary recession measure finally sunset and make up the difference with cuts.

“That is exactly what they did,” Nolte said. “They cut taxes that were being used for education and other essential services. I don’t think anyone can say they were surprised.”

Political instant replay

The debate over a sales tax increase for education is largely a replay of last year’s budget showdown between the Republican-controlled General Assembly and the Democratic governor. Republicans say Perdue has no chance of changing the outcome this go around and that her sales tax pitch for education is already dead in the water.

Last year, the governor vetoed the state budget crafted by Republicans. She wanted a sales tax increase to offset cuts to education. Both the House and Senate had enough votes to override the governor’s veto, however.

The Senate had a veto-proof majority of 31 Republicans compared to 19 Democrats. In the House, five Democrats joined with Republicans to override the governor’s veto.

To have any hope of success this time around, the governor would have to swing two Republicans in the Senate to her side and keep the five Democrats in the House from breaking ranks.

Even then, a bill to increase the sales tax by three-quarters of a cent could be far-fetched. It would require bringing a vote to the floor of the General Assembly — and since Republicans control the agenda they won’t even let it come to a vote, Davis said.

Perdue vowed to take her message on the road and hopefully raise enough Cain that voters will demand action.

“I am going to go in every legislators’ backyard to get this funding passed,” Perdue said. “I hope the people of the state think about this.”

In spite of Scott McLeod’s assertion that “it would be hard to argue otherwise” in his column (“Vote on NCAE dues a slap in the face to teachers,” The Smoky Mountain News, Jan 11 edition), I am going to give it a try.

I am not an apologist for the N.C. House of Representatives, but their leadership determines their agenda, not the governor. The legislature was called back into session to consider the veto override of S9, No Discriminatory Purpose in Death Penalty. The Senate overrode the veto in a 31-19 partisan vote. The House did not have the votes but instead referred it to the House Committee on Judiciary for future consideration.  

Speaker Thom Tillis has been very candid from the start in telling members that the governor’s vetoes could be considered at any time when the legislature is in session. Consequently, since they were in session they brought up the governor's veto of S727, “No Dues Checkoff for School Employees.” The Senate overrode the veto on July 13, 2011. The House overrode the veto in the early morning hours of Jan. 5. Two Democratic House members were absent due to illness and one Republican member is deployed in Afghanistan. The speaker had the votes to override two other vetoes but chose not to do so at that time.

There has been much misinformation put forward about S727. It is not an assault on teachers or education, merely an end to the practice of the state being the dues collection agency for the NCAE. The citizens of North Carolina should not be forced to bear the cost for collecting NCAE dues. That should be the responsibility of the NCAE. I am sure the teachers that choose to be NCAE members can find an alternative to the automatic dues checkoff, e.g., electronic funds transfer from their personal checking account.

Considering the NCAE is a thinly veiled lobbying group for Democrats, it should be no surprise that it does not have many sympathizers in the Republican ranks. More than 98 percent of the NCAE campaign donations go to Democrats.

During my 10 year service as a Macon County commissioner, I voted for every capital facilities improvement in Macon County Schools since 1997, investments of more than $50 million. For the first time in more than 35 years there will be no mobile classrooms at the start of the 2012-13 school year. That is a record I’m proud of and a testimony to the value Macon citizens place on their public schools. In spite of that record, the NCAE chose to spend thousands of dollars on mailers that contained misleading information and/or outright lies about my record. So, is the NCAE for education or is the NCAE for the Democrat Party? My personal experience makes me wonder.

I have met no person in the Legislature who is interested in an “orchestrated evisceration of the state’s public schools,” as was stated in the column. I have met many who are interested in improving public education so that students are better prepared to compete in a global economy. Our results are not adequate at this time and it will take more than money to improve them.

Your readers should be reminded that H200, the bipartisan budget passed for this biennium, cut K-12 education budget 0.5 percent more than the governor's recommended budget. Hardly the draconian cuts described by some. That does not include the $60 to $100 million the governor wanted to pass on to local governments for school bus purchases. Ask your county commissioners what they thought of that idea. The legislature worked diligently to craft a budget so that our state was fiscally sound. We have begun that journey but there is still much work to do.  

The present legislature inherited a $2.5 billion deficit, a $2.6 billion debt to the federal government for unemployment compensation, $7 billion in tax supported debt, a $2.8 billion underfunded state employee retirement system, a $40 million underfunded consolidated judicial retirement system, a $40 million underfunded National Guard retirement system, and a $32.8 billion unfunded liability for retiree health insurance benefits. The legislature would prefer to dedicate more to education programs that work and reward good teachers with merit pay, but those efforts will not reach full fruition until we have our fiscal house in order.

We do agree that teachers should not be held accountable for society’s ills. We cannot continue to dump our problems at the schoolhouse door and expect our teachers, our educational system, to make it all better. To use Mr. McLeod’s own words, “Student achievement still has ground to make up with counterparts around the nation. Many counties have put together quality programs that send students on to college prepared for what lies ahead, but others are lacking.”  

We need to invest in finding out what works and need to stop doing what clearly does not. As we move forward to provide our students with the very best we can offer, we must infuse integrity into our stewardship of funds for education so that those same students will not be shackled with state and nationally imposed debt they will not live long enough to repay. That, sir, is a burden they do not deserve and one against which I will continue to hold my guard.

(Sen. Davis, a Republican, lives in Franklin. His 50th District, after the recent redistricting, covers all of Haywood, Jackson, Swain, Macon, Clay, Cherokee and Graham counties. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it..)

Sometimes what we expect to happen doesn’t:

On vacation this week, I stopped in Raleigh and viewed the “Rembrandt in America” exhibit currently showing at the N.C. Museum of Art. I enjoyed the exhibit very much indeed. But what honestly carried far greater emotional impact for me was a secondary exhibit by North Carolina artist Beverly McIver.

McIver is an African-American woman born in Greensboro; she lives now in Durham. McIver’s work to date has focused on her mother, Ethel, who died in 2004. And on Beverly McIver’s mentally disabled sister, Renee, who is in her 50s but has the “mental mindset” of a second-grader.

McIver’s paintings are bold. They are raw and honest. Her rendering of her mother in “Mom Died” literally and unexpectedly brought me to tears. Her mother’s mouth is open, a hole in a white, unfilled-in face. Ethel is lying flat in her hospital bed; the perspective is incredibly pain-filled and heartfelt, unmistakably real.

I have cried listening to certain music performances. I have cried while reading particular books. Never have I been forced to leave an art exhibit because of overwhelming emotion and tears. This was a new, welcome if painful, experience, and Beverly McIver’s powerful paintings are an exciting addition to my life. I look forward to seeing what she will produce in the coming years, and have every intention of tracking her work in various galleries. What a tremendous gift this woman has, and the labor she has clearly invested into mastering her craft is sobering but inspiring.

McIver’s work hangs at the state museum through June 24. Rembrandt’s, by the way, can be viewed through Jan. 22.

•••

Learning dreams really can come true:

I stayed as a guest in a 15-year-old community in Carrboro, Arcadia Co-housing, which residents tout as “a progressive, intentional community governed by consensus.” Amazingly enough, that proud claim rings true — there are 33 families here, each living in their own individual houses. Residents work together to create an interconnected community. Arcadia consists of 16.5 acres of land, but development is limited to five of those acres. The remainder is kept in woods, a field, a pond, a community garden and meadows.

All households are represented on Arcadia’s board of directors. Business meetings are held monthly, there are work signup parties quarterly, steering committee meetings are scheduled monthly, and other meetings (stonings? banishments? The group’s website doesn’t specify) are held “as needed.”

I stayed in a room located in Arcadia’s common house. The group built this common facility, in part, to provide housing for guests. This keeps residents’ houses smaller and absent of guest rooms that would only experience occasional use. There’s a laundry in the common house so that residents don’t have these appliances in their homes, a multipurpose sitting area, rooms geared toward kid activities, extra storage room and a large kitchen with a dining area. Monthly community meals are scheduled, with volunteers doing the cooking.

I’m a raging liberal by almost any definition you choose. But I admit to harboring a certain skepticism when it comes to intentional housing. I would never have believed it could work, much less for 15 years, and furthermore seem really cool and fun.

My friend Kevin Corbin, who is as far to the right as I am to the left, happened to call while I was visiting in Arcadia. He wanted to chat about a particular article I’d written about the commission board in Macon County, which he chairs. Kevin’s son attends UNC-Chapel Hill’s dental school, an odd choice for the scion of such a proud GOP-oriented family. Kevin assures me that UNC’s dental school is different from regular UNC. It is suitably conservative, he said, even for a Corbin.

Kevin laughed when I told him I was in Carrboro. “You know that even the people who live in Chapel Hill think Carrboro is too liberal. Don’t you?” he asked me, clearly amused but also not speaking in jest.

Maybe indeed Arcadia could exist only in a bastion of liberals, but it’s neat indeed that it does work, regardless of where. We could use more Arcadias in our world.

•••

And, finally, the loveliness of our state:

When it comes time for my occasional trips to the beach, I’ve consistently chosen South Carolina because of its relative nearness to Western North Carolina. This vacation, however, I struck out on Interstate 40 and then to the Outer Banks. What a delight this place has proven.

The ocean here is strikingly rough, churning and chopping in unceasing, un-rhythmic, mesmerizing motion. The shells deposited on beaches bear the branding of this unforgiving ocean — they are rarely whole, usually just bits and pieces. There’s a natural beauty to this region that seems unique from other coastal areas I’ve visited. There’s something about being surrounded by so much water that is stunning, and even a bit overwhelming and frightening.

Damage from last year’s hurricane is clearly visible. Driving north down the coast, you come to a heavily hit, abandoned-appearing vacation or second-home community. Porches of houses were sheared, hanging desolate and broken in the sky; house pilings exposed, in places collapsed. Water was everywhere, in areas where water was not wanted or welcome. The place was a disaster.

The sign on the development was unintentionally prescient of what occurred: “Dare to Dream the Impossible Dream,” it read cheerily, a slogan written to entice potential buyers pre-Hurricane Irene.

It seems to me that building in the Outer Banks is a crapshoot. More hurricanes will come; continued erosion is a given, not a guess. Sort of like building in defiance of a mountain’s grain; at least, that’s what this visitor from WNC couldn’t help but think.

(Quintin Ellison can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it..)

Calling and talking on cell phones while driving is likely to continue, at least for now, in North Carolina.

But the debate still rages since the National Transportation Safety Board recently recommended a national ban on all cell phone use, even hands-free devices.

Donna McClure of Franklin is all for cell phone restrictions, describing distracted drivers on the road as “frightening.” She’s no hypocrite: McClure refuses to even own a cell phone, much less use one while motoring along highways and byways.

“I’m afraid it will ring when I’m driving, and that I’ll feel guilty for not answering it. So I avoid that,” said McClure, breaking away for a moment to chat from her volunteer job tending to sales at the Macon County Friends of the Library Bookstore. “If you don’t have a cell phone to answer, then you don’t feel guilty about not answering it. I prefer to communicate directly with another person.”

If you want to reach McClure, you’ll have to call her at home and leave a message on her answering machine.

But talking while driving has become an engrained behavior for most Americans. In the neighboring Mirror Dance Hair Studio, down a few doors from the Franklin bookstore, hairdresser Kristina Neighbarger is part of the fast moving high-tech world most Americans thrive on.

“I don’t text while driving, but I to drive and talk on my cell phone,” Neighbarger said. “I’d miss it, if it weren’t allowed.”

Neighbarger perhaps spoke for many when she noted that, truthfully, she wishes other drivers, however, were banned from using cell phones — just not her. Because, like most, Neighbarger believes she motors safely and attentively with a cell phone in hand, but not those other drivers.

Some drivers, such as Kathy Riddle of Waynesville, strike a middle balance between no-cell-phone McClure and talking-and-driving Neighbarger.

“I pull over on the side of the road if I need to talk,” said Riddle, who runs the Haywood Barber Shop.

Riddle said she learned the value of cell phones after, some years ago, experiencing a car breakdown on Interstate 85 in Virginia. She and her mother sat by the side of the highway for hours unable to summon help, Riddle said.

“I promised myself, if they ever come out here, I’ll get a cell phone,” the barber said.

They did, and she did — but Riddle is fearful of the level of distraction many motorists demonstrate while talking on their cell phones.

“It’s kind of scary. They get to talking, and they don’t even look while they’re driving,” she said. “And I think texting is even more dangerous than talking on a cell phone.”

That said, Riddle would support some restrictions, because, she said, it might just save some lives.

It’s early on a workday, and there’s a single player seated at one of the 18 machines in the two-room M&J’s sweepstakes café, located in a small strip mall on Highlands Road in Franklin.

Louise Dills, who works at the nearby manufacturing plant Whitley Products, has casually dressed for the time she’ll spend here. The Macon County native was wearing a sweat suit, T-shirt and tennis shoes, her typical sweepstakes attire. She was playing her favorite sweepstakes game: “Candy Money.”

M&J’s is one of more than 1,000 sweepstakes cafes that have sprung up statewide, despite a ban by the General Assembly on video gambling. Dozens are here in Western North Carolina.

Sweepstakes cafes such as this one sell “time” to customers to gamble online or by cell phone. Customers, in return for whatever amount of money they care to risk, log on to their machine of choice and play for the allotted time they purchased.

Sweepstakes café owners and managers argue that letting customers “find” cash and prizes via computers is simply buying and selling Internet or phone time — not real gambling, in other words.

Dills has defied the odds, in her accounting at least. She said she’s won more money at the games than waved goodbye to. Dills won $5,800 playing Candy Money a few weeks ago. It isn’t a hard game to master, she said, putting down a cigarette into an ashtray to free her hands and visually explain the game. You simply match identical items on the screen. They match; you win, she said, pointing at the screen.

“I’ll probably never win that much again,” Dills said of that blue ribbon day. “But I really play just to take a break.”

That break could end for gamblers such as Dills if the state of North Carolina has its way. Sweepstakes cafes such as this one are in the crosshairs.

The General Assembly first banned video gambling in 2007. It didn’t take long before so-called “sweepstakes” cropped up as an alternative. Lawmakers viewed the sweepstakes as a reincarnation of video gambling under a different name, designed to circumvent the previous ban. So the General Assembly went back to the drawing board and passed another ban in 2010 aimed at putting sweepstakes cafes out of business as well — the third attempt in an ongoing game of cat and mouse between the state and video gambling industry.

But the situation didn’t turn out as black and white as lawmakers had anticipated. Lawsuits challenging the ban have allowed the games to continue, leaving local law enforcement officers confused about whether sweepstakes machines operating in their counties are illegal or not.

And, meanwhile, owners of sweepstakes cafes are arguing that any attempt to close them down is a violation of free speech rights under the First Amendment — the basis of the pending lawsuit.

“There are some people who have gambling problems,” said Melissa Hurst, the owner of M&J’s in Franklin. “But what is the difference between us doing it here, and the casino being right over the mountain?”

Or, for that matter, sweepstake proponents argue, what’s the difference from sweepstakes machines in parlors and the state-endorsed, state-managed education lottery?

The sweepstakes cafes are a helpful, if not always fully embraced, revenue source in towns such as Franklin. The municipality charges a $50 business licensing fee and a $2,600 sweepstakes fee. The towns of Canton and Maggie Valley levy comparable fees on businesses operating sweepstakes machines.

In Franklin, it adds up to about $10,000 a year in revenue for the town, according to Franklin Finance Officer Janet Anderson.

And that’s just for four sweepstakes cafes located in the town limits; there’s many more operating outside those boundaries in greater Macon County. The county, however, doesn’t levy specific fees for these types of businesses.

‘Confusing law’

Law enforcement officers in Macon County, and in most of the state, have taken a hands-off approach to the sweepstakes cafes.

“We’ve been advised by the state Attorney General’s office not to enforce the law,” Macon County Sheriff Robbie Holland said. “It’s a very confusing law. We know there are people potentially abusing it, but the AG did not want us to prosecute any cases until they have a ruling.”

The state Court of Appeals held oral arguments last month on two lawsuits challenging the state’s sweepstakes ban but has not issued a ruling. The cases were first heard by lower-level courts, with those judges issuing mixed reviews on the 2010 law.

One judge upheld the entire law to ban the machines. Another judge struck down part of the law and allowed that certain machines could operate legally but also agreeing to the Free Speech argument in certain other cases.

“We have to keep watching the law, because it keeps changing,” M&J’s Hurst said.

Christy Wilson, who works in a nearby sweepstakes café owned by the same family, agreed with Hurst.

“You’ve got to make sure you’re up to date,” Wilson said.

The Buncombe County sheriff was one of the few in the state who was enforcing the state law banning sweepstakes machines. Buncombe, perhaps, has a lower tolerance for the offshoot of video gambling. Its former sheriff went to jail for his involvement in an organized crime ring centered around video poker.

After charges against those operating the sweepstakes machines were dismissed in Buncombe County court because of the pending lawsuit, the sheriff announced this month that he would suspend action against sweepstake operators.

Running sweepstakes cafes come at potential costs in the community to these business owners and workers included.

“There’s a lot of people who look down on it,” Hurst said.

Leaving possible moral implications aside, Sheriff Holland’s deputies in actuality respond to very few calls at or from the local sweepstakes cafes.

“There are few to zero problems at the establishments where these machines are set up,” Holland said.