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Not a creature was stirring
Not even Winston...
Merry Christmas and a safe and healthy New Year to all my friends and family.
On Deer Trail in Peace Valley Park Checking out a bunch of rocks where a snake might live!
On to the woodland trails. We saw bluebird and owl boxes which gave me a chance to talk about nesting habits and nocturnal birds. One of the boys saw a great blue heron fly in and perch in a tree over Lake Galena, so we all got great looks at it. Meanwhile, three belted kingfishers were doing a noisy display diving for fish. We trekked for about an hour and saw gray catbird, American goldfinch, mallard duck, downy woodpecker (thanks to a quick spot by one of the parents - I love it when the parents are involved), red bellied woodpecker, Canada goose, Northern mockingbird and the last bird of the day - double crested cormorants. By the time we saw the cormorants perched on rocks in the lake, the boys were more interested in tossing pebbles, so I knew it was time to wrap up the trip.
Tallying up the day's list
The Scouts also found deer and raccoon tracks, deer poop, a small animal den (with a front and a back door, one of them pointed out), turned over rocks looking for snakes, and picked me a beautiful bunch of wildflowers to show their thanks. But the day's best find, and the one that garnered the most excitement and shouting each time it was spotted.....the gray squirrel.
We gathered back at the picnic pavilion to write down our observations and have a snack as well as to gather for a group photo.
Me and the new birders (note some of them holding up their new field guides)
It was a fun birding day (20 species - not bad for a day in the rain with a rowdy group) and I hope that I was able to turn at least a few young boys into birders. Thanks boys. I had a blast.
My thank-you bouquet
Goldfinch suet holder (check out the serial killer eyes) and Northern Cardinal suet holder both full of Zick dough.
He and my stepmother spent a week with me after the move and cleaned the new house top to bottom (removing storm windows to clean, scrubbing toilets, hanging pictures and draperies, etc). It would have taken me months to finish without their help. My brother, Russ and his life-partner Jeff also visited to help hook up all the electronics. I am technologically challenged and not afraid to admit when I need help.
Dad and Russ hooking up the new flatscreen to the DVD, the DVR, the wireless router, the cable box and the electricity
Today, I had three of my best girlfriends over to see the house, have bagels and coffee and catch up. They live 50 minutes away and finding "girl-time" is difficult to say the least. So this was precious time. We all sat around the farmhouse table, drinking coffee, noshing and laughing so loud that I think I might get protest letters from the neighbors. When we went to make plans for our next outing, we all pulled out our PDAs, cellphones, iPhones and pagers. How pathetic is our dependency on gadgets?
I leave you with a picture of the housewarming present from my friend Kathy - a punched tin bird that holds a tealight candle in it's belly. Friends know what you like. And they humor you.
It is an unconstitutional violation of the fourteenth amendment to deprive a person of life, liberty or property without due process of law. XIV amend., U.S. Const. Here, your wards (the birds) have come to rely upon your charitable contributions and that reliance is a property interest - which cannot be terminated without due process. There is also a liberty concern in whether you are requiring them to move to obtain their property.
For a violation that deprives a person of a property or liberty interest, both arguably at issue here, there must be a pre-termination hearing unless the situation can be resolved via a post-termination hearing without prejudice to the injured party. It is likely that a post-termination hearing, after you've moved their food supply to a new location, will negatively prejudice them as it will immediately deprive them of food, and will require a pre-termination hearing. Any such hearing must balance the private interests and the possibility of wrongful termination against the needs of the government.
There is a high likelihood of wrongful termination since you arbitrarily decided to move. These private interests likely outweigh the government's interest (that is, your interest) to move. Although I do not specifically address the issue, it is likely that an Eldridge hearing will hold that, at a minimum, you must continue to provide food at the present location until they agree to move or their needs are provided by other sources. You may defend by arguing that they are not citizens but you are unlikely to prevail. Termination of property rights based upon alienage classification is subject to strict scrutiny.
Though they are birds (Avian-Americans) they were likely born in the U.S. thus giving them jus soli as U.S. citizens. You may also argue that the XIV amendment only forbids state action and you are not a government entity. However, where an activity is a traditional government action by a private entity, the courts have found state action and applied the XIV amendment.
You are providing welfare, a traditional government activity, and the courts will likely find that the XIV amendment applies to you. Although I am not your attorney (in fact, I'm not an attorney at all), I'd strongly recommend settlement discussions with the birds to resolve their claims prior to a hearing or, more costly still, an action in federal court. Given the strength of the birds' position and the weakness of your defenses, the court could order you to continue feeding these birds and their progeny, forever. To ensure this result, the court could create a constructive trust after your death to ensure that your estate continues to provide support for these birds.Please let me know if you have any questions or concerns. My strong advice is to seek competent legal counsel immediately.
photo provided by http://www.treknature.com/
My fingers are crossed that the Zoo gets a good breeding program for this bird in peril. Like other bird species in Guam, the Guam Micronesian Kingfisher (Halcyon cinnamomina cinnamomina) was decimated after the arrival of the introduced brown tree snake. Faced with imminent extinction, Guam and several research and conservation institutions, including the Philadelphia Zoo, captured the last 29 kingfishers between 1984 and 1986 to establish a captive breeding population in the hopes of re-introducing birds to the wild someday. Recently, a captive breeding population has been established on Guam.
Here is a pair of Collared Finchbills from southeast Asia: