AND AGAIN!!!

AND AGAIN!!!

AND AGAIN!!!

1. Welcome all and today on the Blog we are now going on City Council meeting # 3, where one again they are considering the license renewal of Centerfold’s Cabaret. But first let’s do a recap of the first 2 meetings.

JUNE 17, 2025

2. The application for renewal was done but there was one unresolved issue. An issue Mayor Paine called a “Technicality.”

You have to have been opened 150 hours in the 6 months prior to renewal. The agent for Centerfold’s said that he already amassed 50 and had a plan in place to reach 150. In the time left from June 17-30 they could have been opened over 200 hours. So the 150 hours seemed like a moot point.

Frog Prell, the city attorney suggested that a conditional license be granted that would be awarded to them after proof of hours. Once they provided that, the process calls for Frog and City Clerk to sign off and give them the license. Pretty straightforward stuff.

But not for the Mayor and several members of City Council who suddenly reacted like they never passed grade 2 math.

So to sum it, up the Mayor concocted some weird scheme that I don’t think has ever been used before to not take a vote (see the last 2 blogs) and delayed a vote until the next meeting on July 1, the day after Centerfold’s current license expires. Centerfold’s closed at midnight on June 30. The fix was in.

JULY 1, 2025

3. Centerfold’s had to close down at midnight June 30, courtesy of Jim Paine and City Council, as their license had expired. It could have been completely avoided if they had signed off on Frog Prell’s suggestion at the previous meeting to give them a conditional license but Jim “The Schemer” Paine was not having it. A “Schemer” is a person who is involved in making secret or underhanded plans. He had a more diabolical plan in mind.

This meeting was kind of a repeat of the previous meeting (see the previous Blog), fuzzy math and stupid questions. It just occurred to me it might be that “Common Core Math”. Is that still around? You know 2+2=5. But one of the takeaways here is Centerfold’s had sent the proof of hours to Frog Prell, the city attorney prior to July 1. He then postponed any decision until the next meeting on July 15. This would ensure that Centerfold’s would stay shut down at least until then. And they did.

Anyway, once again no decision and the next meeting is now on July.15, 2025.That’s it for the recap, now onto meeting # 3. Let’s see what happens. Read on.

JULY 15, 2025

WHY ARE YOU CLOSED?

From: brian noel 

Sent: Wednesday, July 16, 2025 4:37 PM 

To: Prell, Frog <prellf@superiorwi.gov>; Blunt, Heidi <blunth@superiorwi.gov>
Subject: Tuesday night council meeting 

Hi,

I was wondering if I could get the following.

1. All elected or unelected people who attended the closed door meeting.
2. A transcript of the meeting.

Thank you,

Brian Noel

“A draft of the minutes will be posted to the Agenda Center next week. This will contain the roll call of the open and closed portions of the meeting. We do not produce a transcript of the meetings.



Heidi Blunt

City Clerk

I also sent her an email on July 18:

From: brian noel briannoel2
Sent: Friday, July 18, 2025 10:00 AM
To: Blunt, Heidi <blunth@superiorwi.gov>
Subject: Re: Tuesday night council meeting 

Will, or is there any way of watching or reading the closed portion of the meeting?

Thanks,

Brian

Blunt, Heidi 

From:blunth@superiorwi.gov

To:brian noel

No recording or transcript of the confidential meeting from closed session is available. The closed session of the meeting was not open to the public as allowed under Wis. Stat. sec. 19.85(1)(a) and (g).

Heidi Blunt

City Clerk

715-395-7369

Now back to the secret meeting. As per City Clerk Blunt’s instructions, I went on the Agenda Center and here are the people or Doomsday Preppers if you will, who attended that meeting:

MOTION to convene in closed session by Vice President Herrick, was seconded by Councilor Fennessey, and carried via voice vote. The council went into closed session at 7:26 p.m. in Room 204.

Attendees of the closed meeting included: Present: Virtual: Absent: Councilor Ledin, Councilor Anderson, Vice President Moffat, Councilor Sweeney, Councilor Fennessey, Councilor Elm, Councilor Ludwig, Vice President Herrick, President Graskey - 9 Vice President Herrick -1 Also Present: Mayor Paine, City Attorney Prell, Chief of Staff Baker, City Clerk Blunt, Police Chief Winterscheidt, Fire Chief Vollbrecht 

6. After looking at the list I don’t understand why Police Chief Winterscheidt and Fire Chief Vollbrecht would be at the meeting. Their work as far as licenses go had already been done. As far as I know, before a license gets to city council for a vote the police, fire and health departments have to sign off and I believe they did. 

So why would both of these chiefs be at the meeting? They don’t have a vote at city council. Seems strange to me. And why is this vote held off camera? It’s not like they are discussing the country’s nuclear codes. Is having a meeting like this even legal to have in the first place? I’m referring to the content of the meeting, which is trying to find a way not to renew a legal license. Here is what I mean. Is it legal if Council go into a “secret meeting to plot burning down somebody’s home or business? Because quite frankly, plotting to close down a business by not renewing their legal license isn’t much different. I know. I’ve been there. 

And what is Paine’s obsession with shutting down Centerfold’s?

In the case of the Palace we know it was driven by the psychotic back stabbing baker Melissa Hyatt. Is there something or somebody else at play here? Is there something else going on behind the scenes? All I can say right now is that it is a possibility. Or did Jimmy have a bad experience at Centerfold’s? Maybe he was refused a lap dance, a phone number or something like that. Maybe or maybe not. I mean even strippers have standards.

7. And how often does city council have these kind of meetings? Glad you asked because I did for you. I sent City Clerk Blunt the following email:

From: brian noel
Sent: Saturday, July 19, 2025 1:30 PM
To: Blunt, Heidi <blunth@superiorwi.gov>
Subject: Re: Tuesday night council meeting 

Hi Heidi, I was wondering in the past 12 months how many times the council went into closed meetings during a council meeting. Also how long did each one of them last. 

Thanks, Brian

Blunt, Heidi 

From:blunth@superiorwi.gov

To:brian noel

Good morning Mr. Noel,

Please submit this as a records request here: https://superiorwi.justfoia.com/Forms/Launch/d705cbd6-1396-49b7-939e-8d86c5a87deb

Heidi Blunt

City Clerk

715-395-7369

So I did:

Submitted

Mon, Jul 21, 2025

Status

Completed

Delivery Preference:

Electronic

Name of Requestor

Brian j Noel

Description of Request (Be as specific as possible, including name, dates, case numbers, etc., if known.)

I would like to know 

A. How many closed sessions were held during city council meetings. 

B. How long were each one.



Date Range From

1/1/2024

Date Range To

7/21/2025

Dear Requestor, 



Common Council held just one closed session meeting in the last 12 months, on July 15, 2025. Minutes from that meeting are attached showing the time spent in the closed session portion of the meeting. 

The request has been completed. Please click on the request link above to download the responsive documents that have been made available to you. 

Thank you,

City of Superior, WI 

1316 N. 14th St., Suite 200
Superior, WI 54880 

(715) 395-7200 

cityclerk@superiorwi.gov 

8. Can you imagine all the important subjects they spoke about at Council Meetings over the past year like NTEC, lead pipes, allocating millions of dollars, taxes, budgets, Jenny’s election defeat etc. and this is the only meeting they went into closed session. Seriously? Can I have another triple screwdriver (light on the orange juice). Thank you.

ACTUAL FOOTAGE OF CITY COUNCIL LEAVING MEETING

9. So after three meeting spanning from June 17 until July 15. That’s 29 days if your counting or about 696 hours, what happened? The “Secret Meeting” lasted about 2 hours during a “flash flood weather warning”(seriously). So when Paine and his entourage of groundhogs emerged from their den, Jimmy had this to say: 

“OK COUNCILORS, THE EFFECT OF THE QUESTION IF ADOPTED WILL BE IF THE LICENSEE PRESENTS EVIDENCE TO THE SATISFACTION OF THE CITY ATTORNEY AND TO THE CITY CLERK THAT ALL THE REQUIREMENTS OF THE LICENSE HAVE BEEN MET AT THAT TIME THE ADMINISTRATION WILL CONSIDER THAT THE LICENSE HAS BEEN RENEWED. THAT IS THE EFFECT OF THE MOTION. DISCUSSION ON THE MOTION? IF THERE IS NO DISCUSSION I WILL TAKE A VOICE VOTE. ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I. THOSE OPPOSED SAY NO. ANY OPINION BY THE CHAIR? THE MOTION CARRIES. COUNCILORS WE HAVE NO FURTHER BUSINESS AND WE ARE ADJOURNED.”

10. He then banged his little gavel and that was it. Total time from the time he started talking and taking the vote, 1 minute and 26 seconds. So something that in my world, the business world that should take about 2 minutes, in Paine’s world, the political world took 29 days or about 696 hours and 3 city council meetings. But why? Well that is because you have a Mayor and a few councilors that were obsessed with trying to figure a way to shut down a legal business while at the same time not getting sued for doing it. 



By the way, if you were watching the last meeting live (which unfortunately I did), you would have had to watch the picture below for about 2 hours while they were in their “secret meeting”.

11. And on the pictures below you will see Paine after the “secret meeting”. The one on the left is Paine just before he took the vote to renew the license.(check out the time stamp). The one on the right is when he got home to the Notorious J. V. S.(that one is unconfirmed).

We were also able to get some pictures from that “secret meeting” as well. All unconfirmed at this point.

I received four responses. Elm, Herrick and Johnson replied “NO”. And then I got this from councilor Moffat.

Moffat, Garner 

From:moffatg@superiorwi.gov

To:brian noel

I voted against it, I believe I was the only person. 

-Garner 

The other three Sweeney, Ledin and Fennessey did not respond.

UNCONFIRMED PICTURE OF MOFFAT AT CENTERFOLDS

13. After 3 meetings the “Puppet called Moffat” is still carrying the Mayor’s dirty laundry. Unbelievable. Or did Moffat maybe have a bad experience at Centerfold’s? I don’t know. You’re guess is as good as mine. 

14. Don’t kid yourself folks, this is a major blow to Jim Paine’s ego and resume as well as another black eye to Superior. I’ve never seen anyone that hates to lose like him. And what makes me worry is instead of accepting a loss and moving on, he has a tendency to double down. So I do fear what dirty deed he’s plotting to make up for this defeat. If I still lived in Superior, I'd clench my butt cheeks every morning, waiting for the next shoe to drop. 

15. Bottom line here is Paine and some City Councilors should be immediately be removed without pay from city government for conspiring to illegally trying to shut down a legitimate, legal business. An investigation should be initiated and if the investigation shows that is what they did, they should also be arrested and criminally charged.

16. You will see in the next article coming up where this phony 2 cent Mayor who struts around like a show pony at a county fair goes on like he is so distraught about the grain elevators closing down and the loss of 23 jobs yet he successfully colluded to close the Palace Bar in 2022, illegally in my opinion, and then tried to do almost the same thing to Centerfolds which between the two would have had roughly the same amount of jobs. 

And we going to take a look at another bleeding heart, Rep. Angela Stroud, D-Ashland who also has something to say about the closure. I will call this article “Tears of two pandering clowns” named after the song “Tears of a Clown” written by Stevie Wonder and sung by the great Smokey Robinson who I saw here in Vegas in April 2024. But no tears for us Argentina or Superior or Ashland.

18. I moved to Ashland in 2012 for work and fell in love with the lake and north woods, the Chequamegon Bay community, and the larger region. People have a deeper connection to life and place here than I’ve experienced anywhere else. One of my favorite things about Northern Wisconsin is how much of the culture revolves around being outdoors and how we live according to the seasons.



In my house, summers are for growing a garden, boating and hanging out on the beach, fishing, playing softball, camping, and having cookouts with friends and family. Fall is for canning and putting the garden to bed, processing apples, chopping firewood, hunting, and processing deer. Winter is all about skiing, reading by the fire, having a house full of friends, family, and hot food. When spring finally rolls around, we tap maple trees and boil sap, start planning the garden, and try to keep the dog from trashing the house with her muddy paws. By late spring we’re all dreaming of summer, and we can’t wait to get back out on the lake. Every season is right for walking in our woods, sitting by a fire, and admiring our area’s spectacular sunsets.

I live just south of Ashland in the Town of Gingles with my partner, Cynthia Belmont, who is a writer and professor at Northland College. My step-son Harry is 2024 graduate of Ashland High School.

From Superior to Bad River, the 73rd is the Lake Superior watershed district. I will partner with all water protectors in helping to ensure that we keep Lake Superior and the larger ecosystem safe from any threats. Click here to learn more, including my stance on NTEC (I will print that letter on NTEC later in this article, she of course is against it). 

From pre-school to tech colleges and universities, teaching is among the most noble professions. We need to start treating it that way when it comes to pay, respect, and support. (Of course we do. Just keep sending them more money, that’s the solution)

From birth control and abortion care to the right to have a safe and healthy pregnancy, we need to expand access to high-quality, affordable healthcare. (Naturally, it’s the #1 issue for women over 50 and males of all ages)

From school attendance to workforce development for local businesses, a lack of access to secure and affordable housing destabilizes families and communities. (No Angela, Democratic policies do all that)

20. This info was taken from her website just so you know. Just a typical dime a dozen liberal like Bernie, AOC, The Squad etc, etc, etc. She never had a real job. She doesn’t mention illegal immigration, the border, lowering taxes (other than all her ideas would require you to pay more of them), public safety, support or funding law enforcement, the massive drug problem, men in women’s sports, no cash bail, justice reform, smaller government, less regulations or redistricting (see next paragraph). In other words she’s all in on all the “20%” issues. Not the issues that about 80% of the people are worried about. And the 4 issues I just wrote about are the only ones on her website, I didn’t cherry pick them.

21. Due to redistricting, the 73rd district's incumbent representative Angie Sapik announced she would not seek re-election in 2024, after which Stroud entered the race. I wonder if she is supporting the Republican Texas gerrymandering effort. Probably not. During the campaign, Stroud ran on giving more public funding to Wisconsin public schools(no thanks, we give them too much already) and supporting more environmental regulations (just what we need, more regulations), especially to combat PFAS contamination. With the opening of the 107th Wisconsin Legislature Stroud joined the Legislative LGBTQ+ Caucus. 

While she was earning her PhD, Stroud taught as a professor of sociology at the University of Texas at Austin from 2008 until 2012.

Following the completion of her PhD, Stroud moved to Ashland in 2012 and began teaching at Northland College. At Northland, Stroud served as a professor of Sociology and Social Justice, where she taught courses including Sociology of Gender and Sexuality, Undoing Racism, Sociology of Community, Human Rights and Social Justice, and Introduction to Sociology.

By the way, if I took all those courses and graduated what kind of job could I get other than being a politician?

22. So what makes Angela special or different? Nothing. Will she make a difference? I highly doubt it. She is as vanilla as vanilla gets and as predictable as predictable gets. I’m sure she will vote right down party lines. Great for the Dems, bad for the state and country. But she does remind me of somebody.

Bad River’s Legal Battle Against Line 5

The 73rd district runs from Superior to Bad River, covering nearly the entirety of our state’s Lake Superior shoreline. Protecting the lake is one of the central issues of my campaign because if those of us who live here and love the lake don’t fight to protect it, who will? There are practical reasons to protect the lake: it provides drinking water for most of the people in the district, and recreation and fishing represent enormous parts of our economy and our culture.

23. Boring, Vanilla, Predictable, Expected. Typical liberal nonsense. Could we please start electing new people with new ideas instead of these clones?

The Twin Ports' largest grain elevator will cease operation on Aug. 31.

By Shelley Nelson July 10, 2025 at 4:48 PM

24. SUPERIOR — CHS Inc. officials notified local officials and the Wisconsin Department of Workforce Development that the company plans to permanently close the largest grain elevator in the Twin Ports.

The facility, at 41 Dock St. in Superior, will cease operations effective Aug. 31, according to the notice provided to the Department of Workforce Development.

The decision has been decades in the making with the decline in the volume of grain that transits through the Superior terminal, said John Griffith, senior vice president of ag business and CHS Hedging.

“It’s not just a CHS decline,” Griffith said. “It’s an entire grain export from the Duluth-Superior port that has declined over the past couple of decades, and it finally reached the point where there wasn’t the critical mass of grain movements through the port anymore.”

He said with the progression of larger unit trains, and new facilities, grain can be moved to deep-water ports and moved on larger ships that have lower costs for transportation to reach the same customers.



“I think that has been kind of the evolution over time that has brought us to this point after nearly 90 years in the port,” Griffith said.

The difficult part of the decision was the employees, Griffith said.

The closure will impact 23 union employees, who will be permanently separated from the company Sept. 8. Two additional employees will continue to work until about Dec. 31.

25.“My heart goes out to them,” said Rep. Angela Stroud, D-Ashland, who was notified about the closure by company officials Thursday, July 10.

OUT OF

Cry me a river Angela. People lose their jobs every day. And would you feel the same way if they were not unionized? I doubt it. Look, it sucks that they are closing and it sucks that these people are losing their jobs but unfortunately that’s what happens when technology advances and it’s been happening since the beginning of time. How many millions of people and Mom and Pop shops have lost their jobs and businesses when big box stores like Walmart started up. And then the internet came along..

And then came Amazon who hurt them and some of the big box stores and almost all department stores. Remember Sears? It hurt my family business. This really should not come as a big surprise. So employees, business and governments have to pivot and adjust when “progress” changes the playing field.

26. Angela said “I understand it. I, myself, just got laid off last year. It’s extremely disruptive, and you know, frankly, depressing and scary. So, I understand what they’re going through and I really feel for them, and I’m here to help in any way I possibly can.”

In the spring of 2024, Stroud was involved in efforts to prevent Northland College from shutting down. As part of these efforts, she proposed reductions in staff and the number of students, as well as renting out residential halls and office spaces. Stroud, along with eight other faculty members, was laid off in May, at the end of the 2023–2024 school year as part of an initial restructuring plan meant to keep Northland College open. The funny and hypocritical thing is she wanted to fire some of the staff but she got fired.

While I appreciate your feelings for the people maybe you could work in your job as the representative in the 73rd Assembly District to create an environment in Wisconsin for businesses to invest and expand in order to create new jobs.

Stroud encouraged anyone who has difficulty with the unemployment system to reach out to her office for assistance.

27. As I said a second ago “maybe you could work in your job as the representative in the 73rd Assembly District” and use that to improve the unemployment department. And why should these people get any special treatment? Can anybody in your district call your office for any problems with the unemployment department? Because if you are OK with that you will be working 24/7 with unemployment claims.

“It’s devastating anytime you lose a significant employer,” Stroud said.

Superior Mayor Jim Paine, who was briefed on the closure Thursday morning, said he was told the reason is tied to the global economy and global shipping routes.



“It’s obviously bad news, especially for those employees, and we need to do what we can to take care of them, but this is one of the challenges of working with commodities-based industry,” Paine said.

28. Excuse me Mayor Paine but you don’t and should not do anything. These 23 people losing their jobs are grown adults. They are unionized. They should seek help from the unemployment office and their union. It’s not the job of the city or the taxpayers to “help” them or any other business in a situation like this. Your job is to create an environment to bring and attract business to Superior and in that department you have been an epic fail.

And what exactly do you mean by “But this is one of the challenges of working with commodities-based industry.” 

Here is a brief explanation of commodities.

A. In the financial world, commodities are basic goods or raw materials that are largely interchangeable regardless of who produced them. Think of them as the building blocks for other products. 

B. They are traded on specialized exchanges: Commodities are bought and sold on commodity exchanges, similar to how stocks are traded on stock exchanges. 

C. Supply and demand: This is the primary driver of commodity prices. When demand exceeds supply, prices tend to rise, and vice versa.

The businesses that sell those commodities like CHS, Exon etc., are no different than any other business like stores, manufacturing, restaurants etc. They are driven by profits. No profits, no business. That’s it in a nutshell.

29. So, I really don’t understand when you say “challenges of working with commodities-based industry.” I don’t see any “challenges” for you or the city other than have a business friendly environment for them to operate in and it’s clear that Superior, under your leadership doesn’t pass that test. In fact what Jim Paine and this City Council have done is turned Superior into just a heap of toxic bovine manure in the mind of many businesses.

BACK TO THE STORY...

30. Exports of grain by ship from the Port of Duluth-Superior have been falling for decades, down from a high of 9.2 million metric tons in 1978 to 645,000 tons in 2022, the lowest since 1890.

The 2023 and 2024 shipping seasons were only slight improvements at 790,000 and 794,000 tons, respectively, according to port statistics. That is driven, in part, by a changing market.

For example, soybeans now go by rail to the West Coast, and the geographic area where grains were harvested before being sent to the port for transport has shrunk, among other factors.

And in late 2022, fewer ocean-going vessels, or salties, were reaching Duluth with wind turbine components, making it less likely — and more expensive — to send empty salties into the westernmost port on the Great Lakes.

Part of the problem was the war in Ukraine, which shifted European demand for corn and beans from the Black Sea to some Great Lakes ports like Chicago and Toledo. Salties discharging in lakes Michigan, Erie or Huron are less likely to sail empty to the Port of Duluth-Superior to fill up with grain, CHS officials said at the time. The war continues more than three years after Russia’s full-scale invasion of Ukraine, a major agricultural producer on the continent.

31. Despite lower shipping figures, grain has still moved through the Twin Ports by train, including at CHS. However, unlike shipping’s tonnage reports, the amount of grain moved by rail is not public.

“The CHS decision to cease operations at its Superior terminal is a disappointing blow to the Port of Duluth-Superior and the community as a whole," the Duluth Seaway Port Authority wrote in a prepared statement. "Most immediately, our thoughts are with the employees who will be affected by this decision. We will work with the city of Superior to seek solutions that could lead to a more positive outcome, and hopefully, continued use of this grain terminal.” 

“Those are really large and effective grain elevators so sitting empty and doing nothing is not its best future,” Paine said.

Stroud said she asked what would happen to the facility, and CHS representatives said they would be available to help transition the infrastructure CHS owns to any entities that might be interested.

“It’s very possible that … another company would have interest in doing very similar activities at the facility,” Griffith said. “The facility is certainly still operational, so we will look to disposition the facility in the most effective and thoughtful way possible, up to and including a sale of the facility,” Griffith said.

“This is bad news for that pier and that terminal, but in terms of the port overall, the port is still growing, and the port is still performing very strongly,” Paine said. “We just had that $28 million investment in C. Reiss just a little ways over. There’s still growth and strength in global shipping, but it is a moving economy.”

FINAL COMMENTS

32. So, is this a big story? Symbolically yes. Financially, yes and no. You’ve lost 23 good paying union jobs. Many employees have families who own homes and have families that financially contribute to the stability of the city. Will they stay here? Will they move out of town to find employment? Will some other company take over and keep these employees? Time will tell. But we lose businesses all the time. And that means we lose jobs. In this case it’s 23,but other times it’s, 12, 10, 8,11, and they all add up. And when you have lousy Mayors like Paine and throw in a lousy Governor like Evers(thank God he’s on his way out), it makes it hard to attract new businesses.

33. Many business have closed in the 15 years I lived in Superior with little to no fanfare. No stories from the press and certainly nothing from Paine. So why did Paine and Rep. Angela Stroud pick this story to shed their phony tears over? It’s because these two Marxists/Socialists types are pandering to their perceived base, which in this case are the unions. But the funny thing is the local union here in Superior and I assume Ashland have turned their backs on Paine and Stroud because of their stand on NTEC. 

SOME NTEC FACTS

34. The proposed Nemadji Trail Energy Center (NTEC) project in Superior, Wisconsin is projected to create about 350 construction jobs and 25 permanent jobs. 

The construction phase of the project is expected to create a significant number of jobs, with estimates placing the number at around 350 positions. This offers substantial employment opportunities for skilled workers in the construction trades in the area. 

Upon completion of the plant, around 25 permanent positions would be created. It's worth noting that Minnesota Power has pledged to prioritize hiring union members for both the temporary and permanent positions. 

This commitment to union labor is considered a major benefit by local union representatives, who highlight the potential for long-term careers and benefits for workers in the area. The NTEC project would be one of the largest private investments in Douglas County's history.

Current status and potential further delays

• The plant has a December 2028 deadline to reach commercial operation under an extension granted by the Federal Energy Regulatory Commission.
  
• However, the Wisconsin Department of Natural Resources notes the owners haven't reapplied for an air permit and the state has yet to issue a stormwater permit.
• Other permits are also set to expire.

JOB KILLER

Superior Mayor Jim Paine, who now opposes the project, doubts it will ever be built.

In summary, while there's a deadline for commercial operation, securing necessary permits and navigating potential legal challenges could significantly impact the actual timeline of the NTEC project. 



Paine also said back then that the U.S. has enough energy. And ever since then you can’t go a day without reading an article that says we are going to have an energy crisis. In fact today there is a headline in the news that says “The U.S. is projected to hit record power usage in 2025.” 

On March 21, 2024 Jim Paine said he didn’t appreciate veiled or direct threats, adding he expects the utility to respect any final decision. “If it’s not, I cannot be bullied out of that. We will see you in court,” Paine said. (Guess who’s going to be paying for that? You the taxpayers are.) “I’m not afraid to defend the decisions of the city or its governing bodies.” (all by spending your money on lawyers and embarrassing your city)

Construction jobs at NTEC, the proposed Nemadji Trail Energy Center in Superior, Wisconsin, were initially expected to last for several years, offering a "once in a lifetime project" opportunity for local union members.

However, the project has faced significant delays due to regulatoryproceedings, court challenges, and a federal environmental review. Environmental and Indigenous groups have also actively fought against the project, according to the Sierra Club. In fact, the Superior Mayor has even declared it a "dead project" with "no meaningful path to construction," despite a recent permit issuance. 

Therefore, while the original intent was for long-term construction jobs, the future duration of these jobs at NTEC is currently uncertain due to these ongoing challenges and delays. 

35. So they are pandering to a base that wants nothing to to do with them. How stupid can you get? So please save your crocodile tears for somebody who cares because I’m not buying it and I suspect most people don’t either.

36. Paine and Stroud should take some advice from President Trump when he said recently,

 “I want all businesses within our country to thrive, in fact, thrive like never before! The better they do, the better the USA does, and that’s good for all of us. We are setting records every day and I want to keep it that way!”

But unfortunately I believe Paine has been following the playbook of Barack Obama who I believe is the worst president in my lifetime by a long shot, who has been recently been referred to the Justice Department for his possible role in the Russian Collusion scandal.

He doesn’t care about the prosperity and quality of life of the people of Superior. He only cares about his resume and he seems to think the only way to improve that is to use his position and power as Mayor to enhance it. Even when he tries to use it in evil and sometimes illegal ways. Which unfortunately he seems to do far too often.

37. I thought you might be interested in this article from The Pacific Legal Foundation. It talks about government overreach on legal businesses, which is something we talk a lot about here on the Blog.

Court rules cannabis inspections violated Fourth Amendment

May 15, 2025

|

By DANIEL WOISLAW

In a victory for constitutional rights, the New York Supreme Court for Albany County recently ruled in Super Smoke N’ Save v. New York State Cannabis Control Board that unannounced, warrantless searches of regulated marijuana businesses violated the Fourth Amendment. This decision is significant, not just for cannabis business owners but for anyone concerned about government overreach and the erosion of constitutional protections in regulated industries.

At its core, the ruling reaffirms a fundamental principle: Simply choosing to operate in a regulated industry does not mean a business owner surrenders their rights against unreasonable searches. While some industries’ products or activities may be sufficiently dangerous to justify exceptions to the warrant requirement, like underground mining or the sale of intoxicating substances such as marijuana, the Constitution still demands that any regulatory inspection scheme be narrowly tailored to prevent arbitrary enforcement. In this case, New York’s cannabis regulations failed to provide sufficient limits on the discretion of officers conducting inspections, leading the court to enjoin their enforcement.

For too long, courts have been overly deferential to regulatory agencies, allowing them to conduct warrantless searches on the assumption that the price of participation in a regulated industry is lesser constitutional protection. But the Fourth Amendment does not carve out exceptions for government convenience. It protects “persons, houses, papers, and effects” from unreasonable searches and seizures. and since this nation’s founding, the prototypical unreasonable search is a “general search,” which the courts have described as one unconstrained in scope or breadth.

The ruling in Super Smoke N’ Save is a reminder that the government does not get a free pass simply because it is enforcing regulatory compliance rather than investigating a crime. Regulatory searches do not usually require probable cause, because inspectors are not necessarily looking for evidence of criminal conduct. However, this lack of a probable cause requirement makes it even more important that the laws governing inspections include strict limits on the discretion of the officers conducting them. Typically, these include a defined set of specific items or conditions that are to be inspected for compliance, along with limits on the timing and frequency of searches. 

In police investigations, a warrant serves two key functions: First, it must be based on some evidence (“probable cause”), and second, it places limits on where the officers can search and what they can take (“particularity”). But in regulatory inspections, where probable cause is not required, a law’s failure to place limits is a recipe for abuse. If the government can search a business at any time, for any reason, without any real limits, then there is effectively no check against harassment and political targeting. The court in Super Smoke N’ Save correctly recognized that the cannabis inspection regime failed this constitutional test, granting officers too much unchecked discretion to invade private property.

Remember when the City of Superior conducted around 90 “Walk Throughs” in about 90 days at the Palace which was coordinated by Mayor Paine and the several police officers?

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While this ruling is a welcome victory for business owners, it highlights a much larger issue: Courts historically have been too permissive in allowing warrantless regulatory searches. The problem is particularly severe when courts expand the so-called “closely regulated industry” doctrine to cover industries that are not inherently dangerous. Despite the Supreme Court describing the doctrine as a “narrow” exception to the Fourth Amendment’s warrant requirement, lower courts have repeatedly stretched this doctrine beyond its intended scope, applying it to businesses like convenience stores and even barbershops.

The Framers did not design the Fourth Amendment to be selectively applied based on the whims of lawmakers deciding which industries warrant stricter oversight.

The constitutional rule should be simple: The Fourth Amendment permits warrantless searches of businesses and activities that were subject to them under the background law and customs that existed when it was ratified in 1791, and unless a business or activity has no historic analog and is inherently dangerous, like a munitions factory, there is no reason to depart from the warrant requirement merely because the legislature has designated an activity for stricter oversight. The alternative—allowing legislatures to regulate the Fourth Amendment out of existence.

Hopefully, the Super Smoke N’ Save decision marks a turning point. More courts should recognize that businesses do not forfeit their rights simply because they operate in a regulated field. And ultimately, the Supreme Court should take up the issue and clarify that the Fourth Amendment’s protections cannot be legislated away.

38. Well, that’s it for today. Thanks for reading and I’ll see you soon.

Brian