P.S. This marks the start of my Wednesday columns. So I'll be trying to write for Wednesday AND Sunday. Shwew!



The ground beneath the Rosedale refinery is shifting.  

And I’m not just talking about the toxic soup pooling dangerously close to drinking supplies.

There’s a new sheriff in town, so to speak, and pollution is Public Enemy No. 1.

That’s too bad for refinery owner Big West of California, now seeking to expand.

While state regulators, in a kind of Rip Van Winkle haze, have (until recently) all but ignored millions of gallons of MTBE, benzene, gasoline and diesel spilled or leaked at the refinery, Kern County regulators are now wide awake.

Kern County planners are reviewing Big West’s environmental study on its expansion and have become keenly interested in The Californian’s recent revelations of past spills and lackadaisical cleanup and enforcement efforts, said Planning Department head Ted James. That includes the unfinished efforts of previous owner Shell Oil.

Meanwhile, the most recently discovered toxic leak continues to flow and no one knows where it’s coming from or when it will stop, according to Matt Constantine, director of Kern’s Environmental Health Department.

Thirty-five feet of crude oil (Big West says it was oil dating from the 1980s) was floating on top of the groundwater when it was caught by monitoring wells in June, Constantine said, a tinge of outrage in his voice.

“And they continue to pull significant amounts” from the same area, he said.

The leak is under the state Regional Water Quality Control board’s jurisdiction. But when Constantine learned of it, he got the California Environmental Protection Agency, Big West and the water board on the phone and demanded answers. He says he’s going to stay in the loop.

Add to that airborne chemical releases, including 3,700 pounds of potentially lethal hydrogen sulfide last October, and Constantine has real concerns. He did say Big West has been responsive to the county.

But the refinery has had “significant environmental failures,” and the question of whether it can ensure safe operations for future expansions is up in the air.

“I am unsure we’re able to say ‘yes’ based on their practices previously,” he said.
That does not bode well for Big West’s expansion hopes.

It does bode well for Kern County.

In years past, local regulators, chiefly Environmental Health, shuffled their feet and looked the other way as companies illegally turned Kern into their own private dumping ground.

Since Constantine has taken over, Environmental Health has jumped on a number of high-profile polluters.

• At the beginning of this year, the department ordered EnviroCycle Inc. to stop taking piles of contaminated soil and oily liquids and clean up its property near McKittrick.

• Hondo Chemical, stockpiling fly ash and petroleum contaminated soils and oily liquids over or near the Kern Water Bank, was ordered to clean up its property in May or face fines. To date, it owes the county $12,000 in fines and has complied to a degree, Constantine said.

• Composting facility Community Recycling near Lamont earlier this month was told to clean up farmland layered with trash-filled compost.

In each of these cases, Constantine noted, the trash, tainted dirt and toxic liquids, almost exclusively came from outside Kern County.

“Talk about NIMBY,” he scoffed. “This is my front yard. And I’m not going to stand for this.”

Refreshing words to a community beleaguered by a reputation as the state’s outhouse. But what happens when the offender is one of our own, the oil industry, a major part of Kern’s economy?

“So what?” he said.

The rules are the same and large corporations have an even greater responsibility to lead by example, he said.

“And they haven’t been.”

No kidding.

Here’s hoping the county keeps up the pressure. It’s only our health we’re talking about here.

Lois Henry’s column appears Wednesday and Sunday. Comment on this column at http://people.bakersfield.c... or e-mail her at lhenry@bakersfield.com or call her at 395-7373.

For anyone looking to get involved in government or politics but who is daunted by "where do I start?" here are a few tips:

The Bakersfield League of Women Voters would be a great place to ease into the political scene locally. This is a NONPARTISAN group which is only interested in making sure the process works and that the public is part of that process.
They monitor meetings, help on Election Day, host candidate forums and more. It's a perfect place for anyone to start.
http://bakersfield.ca.lwvne...

The Center for Kern Political Education is also good and also NONPARTISAN.
Jack Brigham, a retired Bakersfield College political science professor, started the foundation a few years ago with the intent of just increasing awareness and interest in governmental goings on locally.
http://www2.bc.cc.ca.us/ckp...
or
 jbrigham@bakersfieldcollege.edu

I would highly recommend going to the county's and city's websites to look at what topics are coming up at public meetings and learning more about the structure of government.

You can access government at any point and in any capacity.

What are you interested in? I bet government has a role no matter where your passions lie.

You can observe and learn without feeling pressured to take a stand or know all the history and background of a topic.

Are you interested in the plight of animals? Go to the public meetings of the county's Animal Control Commission and see what's up.
http://www.co.kern.ca.us/cl...

History? There's a city commission on historic preservation.
http://www.bakersfieldcity....

Do you think we have enough parks in town?
NOR, also known as the North Bakersfield Recreation and Parks District
http://www.norrecreation.or...

And the county has a parks commission of its own
http://www.co.kern.ca.us/cl...

The City and County websites are musts to peck around on and see what's up:
CITY
http://www.bakersfieldcity....
The City Clerk is the keeper of all knowledge of boards and commissions 325-3767
http://www.bakersfieldcity....

COUNTY
http://www.co.kern.ca.us/
The Clerk of the Board keeps all the commission intel for the county 868-3585
http://www.co.kern.ca.us/cl...

And I haven't even started with school districts! Which are the easiest way to get involved.

There are more than 40 independent school districts in Kern County so I can't list all their websites. But you can Google whichever district you're interested in and get all the info you need to get involved at whatever level you feel most comfortable.

Then there are the parties, of course.

Here are the main two:
Kern County Republican Party
http://www.kerngop.org/Volu...

Kern County Democratic Party
http://www.kerndemocrats.co...

Where have all the women gone?

Today, the 87th anniversary of women achieving the right to vote, you’d think there would be more of us running the show, politically speaking.

But we’re nowhere close, especially locally.

Which is somewhat confusing, frustrating and ironic in a year when, for the first time in our nation’s history, a woman is Speaker of the House and another woman is a serious contender for the Democratic nomination for President of the United States.

The local story is different.

A quick — and totally unscientific — scan of local races in last November’s election shows there were about 600 seats up for grabs in Kern County from public utility districts on up to Congress.

Of those, only about 170 were either attained or retained by women.

My survey only covered contested seats, and I simpy used first names as a gender indicator. And I only looked at one election. This wasn’t an examination over time to see if the number of women elected is going up or down. That might be a good project for an energetic college student (hint, hint.)

Either way, three public bodies caught my eye as glaringly and disappointingly devoid of the feminine perspective: The Kern County Board of Supervisors, Kern High School District board of trustees and the Kern County Superior Court bench.

There wasn’t a single female candidate fielded for either of those two very important boards. And of the 33 judgeships, only three were captured by women, all incumbents.
Those are all key positions where the representation of women should reflect the community at large.

So where are they?

Busy. At work and home with children, were the answers I got from numerous politically savvy folks.

Okay, sure women are busy, but so are men (debate amongst yourselves about who is busier). And men are still running for, and winning, political office.

“Maybe they’re wimps,” suggested Mary K. Shell, a Kern County political trailblazer who was Bakersfield’s first female mayor and a longtime Kern County Supervisor.
“You have to be prepared when you get in that arena,” she said. “You have to have a pretty tough hide.”

Then there’s the “M” word — money. It takes a lot, even on the local scene.

Getting it means knowing who has it and making sure they know you.

It’s all about “grooming,” building a network and getting appointed to high profile commissions, boards or agencies.

And that, some women politicians told me, is where the difference really lies.

Women aren’t advancing through the process as men are.

Another unscientific scan of appointments to boards/commissions and agencies by the City Council and Board of Supervisors shows a dearth of women.

Of the approximately 80 City Council appointments, only about 15 are held by women.
And most aren’t on the powerful, high-profile commissions such as the Planning Commission (0 women of 7 members) or Civil Service (1 woman of 5 members).

Of the approximately 320 Board of Supervisors appointments, only 90 are held by women.

To be fair, I saw a lot of commission vacancies on the County website and council members and supervisors told me they aren’t getting many, if any, applications from women.

So, if women aren’t stepping up, what’s the big deal? Who cares?

Women should.

Poverty afflicts Kern women at a significantly higher rate than their male counterparts. According to the 2005 Census update for Kern County, there are 39.2 percent more women in poverty than men.  Median yearly income for women in Kern was $15,807, compared to $27,590 for men.

Kern sees 65 births to teen mothers per 1,000 population each year, compared to 37 per 1,000 statewide, according to 2007 Children Now data.

Only 22 percent of Kern’s students meet University of California or California State University entrance requirements compared to 35 percent of students statewide.

And 22 percent of Kern’s children are diagnosed with asthma, compared to 16 percent statewide.

And don’t get me started about transportation, land use, fire protection and more — all issues that should be of vital concern to women, as well as men.

Come on, ladies. It’s your community, time to step up.

Don’t be wimps!

Lois Henry’s column appears every Sunday. Comment on this column at http://people.bakersfield.c... or e-mail her at lhenry@bakersfield.com or call her at 395-7373.



MUST ATTEND EVENT SUNDAY AUG. 26
The League of Women Voters is holding a celebration of Women’s Equality Day today at 2 p.m. at Seven Oaks Country Club, 2000 Grand Lakes Ave. Cost $10.
A forum features conservative and liberal speakers.


ARE YOU THINK TANK MATERIAL?
Young people looking to channel their political energy may want to check out the Center for Kern Political Education, http://www2.bc.cc.ca.us/ckp... a nonpartisan foundation run by retired Bakersfield College political science professor Jack Brigham, jbrigham@bakersfieldcollege.edu.  Besides working on the “We The People” contest and providing scholarships for political internships, Brigham is hoping to start a non-partisan think tank locally. Interesting factoid: Kern County Supervisor Michael Rubio was a star member of the Center for Kern Political Education during his early career.

As I'm sure you all know, Sunday is the anniversary of women's suffrage, also known as "Women's Equality Day."

In case you're interested the League of Women voters is having an event at 2 p.m Sunday at Seven Oaks Country club, a panel discussion, and cost is only $10. Go! Mingle! Support the League! It will be fun and your mother would be proud of you.

I thought I'd take a break from roads and taxes and talk about one of my favorite subjects, ME...well, sort of...people who are at least like me...WOMEN!

I did a quick scan of elected officials from the Nov. 2006 election and saw that of the 600 or so elected positions, women attained, or retained, about 170.

I happen to think that's dismally low and wish women had more of a political presence in this county.

What do you think? Does it matter? Are we equal enough? Should we all just "stifle it EDITH!" as Archie Bunker would say? Or is there more work for feminists (yes! I said the evil Fem word!!!) to do?

And do you think it's sexism keeping women off boards and out of office? Or are women just not as interested anymore? If so, why is that?

Wow. I had hoped something fruitful would come of the joint city/county transportation committee.

Well, something came of it, allright. But it was pretty stinky!

First, the city hijacked the committee out from under Supervisor Mike Maggard, and then proceeded to fillibuster into the night with excruciatingly boring and worthless histories of ancient traffic studies and funding schemes. Yawn Yawn Yawn.

Which was exactly the city's aim. 

 Bore the public into inattention. That's what we need to fix this problem, FEWER eyes on it.

 I hate to take sides  because when it comes to traffic planning, the county is just as bad as the city ...BUT, the game playing by the city in order to keep all hands off their precious Thomas money plans (moving at a snail's pace to be generous) was borderline criminal!

And what was the county's side that the city so desperately wanted to squelch? They want to look at a more regional transportation plan and they want to look at REAL money to fund it. Meanwhile, the city is clinging to this "9 point "plan drafted by City Manager Alan Tandy, which includes such "plans" for funding as to continue lobbying the state for more money. Yeah! That's worked real good so far.

I don't suppose anyone else saw the fireworks on KGOV?

How's everyone liking the Zaca fire these days?

I can't believe how bad the sky looked Friday afternoon, like someone nuked Mettler!

I got some photos the other day driving down 99. Anyone else have photos to share?

I saw one on http://www.baketown.blogspo... that was pretty good.

 

Looks like Marylee Shrider beat me to the punch writing about Richman's proposed proposition to reform public employee retirements. Her column is in today's paper on B1.

I may still write about it. Any thoughts on different angles?

I brought her back from the vet, in Fountain Valley, Thursday night after work. Got her home about 1 a.m. finally.

She's doing well, but does NOT like being confined.

Recovery is 60 days, we'll see how it goes.

 

If ever there was a time to actually do something about Bakersfield’s roads, it’s now.

The confederacy of weak-livered politicians and controlling developers, responsible for decades of inertia in road funding and progressive growth strategies, appears to have lost steam recenty.

Developers’ usual histrionics over traffic impact fees —  They’re unfair! Affordability will be ruined! Cats and dogs, living together! — have been sobered not just by the market but by these facts:

1. We can’t get our hands on that $660-million federal windfall engineered by former Rep. Bill Thomas, R-Bakersfield, without local matching funds.

2. Even with the Thomas money and the matching money, city staff estimates we’ll still be $1 billion short for the Thomas projects and the Westside Parkway. County staff estimates the gap is between $2 billion and $3 billion if you look beyond those projects.

3. The you-can-have-a-half-cent-sales-tax-when-you-pry-i t-from-my-cold-dead-fingers voters aren’t in the mood to help out.

4. The county has stymied at least 13 development projects saying no roads, no homes — total buzzkill for Bakersfield’s growth-a-palooza.

To its credit, the development community knows when it’s time to shut up and put up.

Hence, when the city Planning and Development Committee recently recommended increasing Bakersfield’s $6,800 per home traffic impact fee by about $2,800, there was only one contentious meeting before a compromise increase of $2,400 per new home was reached. 

Compare that to months of bitter fighting in 2003, the last time that fee was substantially increased.

All of which leaves the road wide open (pun intended) for politicians to set a realistic traffic impact fee, which has been shamefully low in years past, leading to at least some of our current problems.  A study on traffic fees, which pay for road projects to ease the impact of extra traffic brought by new development, is underway and should be done in 12 to 18 months, according to Public Works Director Raul Rojas.

A city-county task force, which has its first public meeting Monday at 6 p.m. in the Kern County Board of Supervisors chambers, will also look at impact fees and a variety of other ways to fund new roads, including a likely do-over on the half-cent sales tax.

They’ll also discuss the city’s plan and whether it’s broad enough.

All I ask is please, PLEASE, no more dead-end freeways (Hwy. 58!) in the middle of town. Or how about fixing that schizophrenic Highway 178-24th Street-Rosedale mess?

Obviously, there’s much to be done and given the city and county’s history of getting along (not), it’s sure to be a fun night.

But all that is still only half the solution. The other half will take real guts.

The task force must look at sprawl.

We cannot continue to grow at our current pace and usual patterns or by the time the asphalt is dry on the first yard of new freeway, it will be inadequate.

Report after report has sounded the same warning about our self-defeating cycle of leapfrog development. And I’m not talking about obscure reports from long-haired no-growthers.

The metro general plan itself actually plans for the number of local roads at grade F (gridlock) to grow from 2 in 2003 to 60 in 2020.

That’s not a plan. That’s an indictment of the shoddy effort given to planning thus far.

There are lots of ways to keep growing without creating another San Fernando Valley.

There have been reports on that too, easily available, small words, with pictures even.

Politicians take note: This is where the guts come in.

Stop worrying about where your next campaign dollar is coming from and work on this task force until our transportation and growth issues are truly hammered out.

Set real guidelines and incentives that developers and planners must use for every project. Then keep meeting to make sure the guidelines keep up with population and market changes.

It’s time to earn your keep for the people you represent, not just the development community, and set the stage for a thriving community into the future.

— Lois Henry’s column appears every Sunday. Comment on this column at http://people.bakersfield.c... or e-mail her at lhenry@bakersfield.com or call her at 395-7373.

Taking my dog, who is THE best dog in the whole world, to LA for surgery.

Her name is Jo.

Please talk amongst yourselves while I'm gone.

 

 

What do you think of the transportation system in Bakersfield?

If you think it's bad, or getting bad, who's to blame?

Developers?
Politicians?
A mix?
We, the taxpayers, for not passing the 1/2-cent sales tax?

Any ideas on how to fix things?

Too boring a topic?

I've gotten a few comments already today (Sunday) from folks reading the Ladd column.

One lady who called, twice, and didn't leave her name or a call back number suggested I needed to "MOVE ON" and leave Ladd alone.

She went on to say that I am clearly just jealous of how smart Ladd was to create such a lucrative deal for himself.

Jealous? Me? Nahhhhhhhhh...

What did y'all think of it?

BY LOIS HENRY, Californian columnist | Saturday, Aug 11 2007 9:05 PM

Last Updated: Saturday, Aug 11 2007 10:26 PM

Just when you thought Steve Ladd couldn't possibly suck one more taxpayer dime into the giant Hoover bag attached to his pockets -- cha-ching!

The former executive director of the

First 5 Kern agency fired -- yes, fired -- in April will be enjoying a 7 percent cost of living adjustment (a raise) approved by the commission in June.

How someone gets the boot in April and then a raise in June involves something called "personal leave," which Ladd will be on, at full pay, until January 18. More on that later.

As for the COLA, Ladd e-mailed me to explain it was given to all employees.

"The Executive Director received the same COLAs as all employees; no more, no less. Why would it be otherwise?"

Here's why.

Executive directors of such agencies, just like CEOs of companies, negotiate their contracts separately, typically getting far more money and perks than the rank and file.

COLAs are meant to keep employees current with the "cost of living," not give the top brass an extra helping -- particularly when we're talking about public money.

It just plain stinks and First 5 Kern commission members should know better.

One look at Ladd's contract shows he had no problem negotiating his own salary and perks.

In fact, it makes you wonder if the commission had anyone negotiating on their side (our side).

When Ladd took the job in 1999, he earned $60,000. By the time he was fired, he'd negotiated that base salary up to $113,000 a year. Add in the 7 percent COLA and Ladd is walking out the door at $121,157, according to the latest addendum to his contract.

But wait, that's not all.

Over the years, Ladd's contract also granted him Kern County department head-level health benefits or the equivalent in cash, a home computer that cost more than $6,000 in 2002 that he gets to keep, a high-speed Internet connection, a car allowance plus mileage and a 15-percent match of his base salary paid into a county-run retirement account.

Then there was the golden parachute to end all golden parachutes.

In 2004, the commission inconceivably voted to pay Ladd a full year's salary if he was ever fired "without cause." Guess how he was fired? Yup. So at the end of this lengthy personal leave, he'll get a big fat payout of $121,157. On a side note: Some may quibble over the word "fired," but in my neck of the woods, you either quit, get laid off, or you're fired -- and all the spin in the world doesn't change that reality.

But back to the COLA.

Ladd and others at First 5, which takes money from the 50-cent per pack cigarette tax and doles it out to local programs geared toward early childhood development, equate Ladd's position to that of a county department head.

County department heads don't get COLAs, according to County Administrative Officer Ron Errea. Rank-and-file employees get COLAs. Department heads get raises separately, which you can read more about on Page A1 today.

I also checked with a couple of executive directors of large nonprofit agencies and, no, they don't get COLAs, either. Unless it's in your contract, you don't get it, they told me. I read Ladd's contract and it's not in there.

I asked Ladd several questions via voice mail and e-mail to understand how this all played out.

Ladd characterized his arrangements as perfectly acceptable and prefaced his last response with this:

"Isn't it about time your ed board got past this ridiculous preoccupation with my employment agreement? First 5 Kern has new leadership. Move on."

I asked Commission Chairman Roland Maier how Ladd could even qualify for the COLA, which went to all "permanent" First 5 employees, after having been fired in April. Maier said that Ladd's personal leave means he is technically still an employee until Jan. 18.

Oh, baloney.

If Ladd wanted to take another job between now and January, do you think he'd hesitate? Heck no. And why should he, since he was -- I repeat -- FIRED in April?

Commission members need to rescind that 7 percent COLA to Ladd and make sure their policies explicitly exclude the executive director from any future COLAs.

Speaking of the new executive director, Wendy Wayne, who took over earlier this month, she said she has no intention at this point of taking a COLA.

She also won't be enjoying the same "Laddesque" benefits in her contract.

No home computer for her. She'll still be eligible for the same health benefits as county department heads, but if she wants the cash instead, she'll only get 50 percent of the value.

And no golden parachute.

Good for the First 5 Kern commission and Wayne for bringing the contract at least somewhat closer to earth.

Oh, about that extensive personal leave Ladd is on?

Personal leave at First 5 is vacation and/or sick time and is accrued monthly. New employees begin at 2 days per month, as did Ladd at the start of his tenure.

At some point, and no one at First 5 can remember when or at whose direction, the personal leave policy was changed, giving employees credit for years worked at other government agencies.

For Ladd, that meant by March 2007 -- after about 61/2 years on the job -- he was accruing time off at 3.5 days per month, a rate reserved for employees with 25 years of service, because he previously had worked for the county for 20 years.

Maier said it's important for First 5 to have competitive salaries and perks such as personal leave. Otherwise, it will lose good people.

"We don't want to become a training ground for other county agencies," he said.

I'm not arguing against paying good employees a decent wage. But Steve Ladd was more than adequately compensated, and since it was the board that let him go I don't think First 5 was in danger of losing him to another agency.

He had a good ride, and when it was over he got far more than most people in his position. He doesn't deserve a 7 percent cost of living adjustment for the time he's spending not working.

The commission must restore the public's confidence that its members have a grip on the public purse strings. Rescinding Ladd's COLA is a good place to start.

Staff writer Gretchen Wenner contributed to this report.

-- Lois Henry's column appears every Sunday. Comment on this column at http://people.bakersfield.c... or e-mail her at lhenry@bakersfield.com or call her at 395-7373.

I'm thinking of tackling the subject of public employee retirement benefits.

A new proposition is taking shape to reform public employee benefits.

Essentially, the reforms would increase allowable retirement ages and reduce the amount of benefits. It would only affect new people, not folks under the current retirement systems.

The proposition, according to one of its authors, Keith Richman, former Assemblyman who lost his bid for State Treasurer last year, is still being looked over by the Attorney General's office.

It won't be back out and ready for signatures until about Labor Day (kinda coincidental, huh?)

Anyway, according to Richman and others, the current public employee retirement system is tilted too heavily in favor of employees and has become an anchor on city, county and state governments. The liability is outweighing revenues, he said.

I'll bet this is a hot topic in Kern County, where the issue of public employee retirements has come up more than once.

What do you think?

A friend restores classic cars.

I find classic cars to be WAY cool —  once they're totally restored and painted and you can comfortably tool around town and have people look at them with envy as you pass by.

But the actual restoring part...um....not quite as interesting as people staring with envy. But that's just me.

It's my understanding men who restore classic cars are a hot commodity and there aren't that many around.

So, ladies, here's one you should nab fast before he's taken!

(Ok, this link is just to pictures of his cars...but you can tell a lot about a man from how he cares for his ride.)


http://www.flickr.com/photo...

I got numerous responses on the snake column.

Thanks to all my friends for reading!

I did get one differing opinion from a reader who accused me of being an idiot for one thing and blatantly "mammal-centric."

Would I have felt the same way (that there should be no charges)  if Scheibel the Snake Eater had skinned and eaten a puppy alive, the reader asked.

No. I would not.

I will admit a greater affiliation for warm-blooded creatures, but that's not the reason I would advocate charges if the case involved a puppy.

The LAW makes a distinction between harmless and harmful animals. A puppy is harmless. A rattlesnake is not.

That's where the legal conflict lies and that's why I think charging Scheibel would be a pointless waste of effort and resources.

Resources we just don't have.

Thanks to everyone for reading and please email me with any feedback, story tips or just to call me names if you like!

lhenry@bakersfield.com

You can add this to the list of reasons I’m glad I’m not Kern County District Attorney Ed Jagels: Should Brent Scheibel be charged with animal cruelty for skinning and eating a live snake as an audition stunt to get on the “Survivor” television show?

Bakersfield City Animal Control investigated and sent the case to the D.A.’s office asking for charges against Scheibel, who later said he thought the snake was dead — even though it was clearly wriggling when he chomped into it (see the video on www.bakersfield.com).

The D.A.’s office kicked the case back to Animal Control, and Supervisor Tammy Davis said the department wanted to know if it was, for sure, a live rattlesnake at the time of the chomping.

The mid-July stunt evoked strong feelings on both sides.

It was torture!

It was a SNAKE!

But was it a crime?

That’s where Jagels gets my sympathies.

California Penal Code 597(c) couldn’t be more clear:

“Every person who maliciously and intentionally maims, mutilates, or tortures any mammal, bird, reptile, amphibian or fish is ... guilty ...”

Scheibel definitely had intent; you can’t deny he maimed and it was a reptile. Case closed.

Keep reading.

Penal code 599c. says:

“No part of this title shall be construed as interfering with any of the laws of this state known as the ‘game laws,’ ... nor must this title be construed as interfering with the right to destroy any venomous reptile ... or to interfere with the right to kill all animals used for food ...”

If it was a rattlesnake, it was venomous and, well, he did eat it, so it was an animal used for food. Case not so closed.

Scheibel’s attorney, Alan Klein, cited exactly those statutes in any potential defense.

“It was a dumb thing to do, and he agrees it was a dumb thing to do, but it wasn’t illegal,” Klein said.

I’ve seen the Scheibel video. It’s truly disgusting. And even though it was a snake, it’s repulsive that anyone would skin and eat it while it was still living, though Scheibel denies he did that. Klein said Scheibel used a metal rod to kill the snake in his backpack, then went on with the stunt “and he moved it around so it would, you know, look good.”

Either way, here’s my take: Don’t charge him. The law is too murky.

Besides, we’ve got bigger fish to fry (only after they’ve been humanely and legally caught and killed, of course).

Animal abuse lurks in nearly every Kern County alleyway and vacant lot where stray animals roam because people don’t spay and neuter their animals.

From July 1, 2006, to June 30, 2007, Kern County Animal Control rounded up 14,459 stray or unwanted dogs, 10,460 cats and 250 animals classified as “other,” which includes birds, livestock and reptiles.

They euthanized about 67 percent of those animals — 7,839 dogs, 8,730 cats and 174 other animals.

Don’t blame Animal Control.

If people took responsibility for   their animals and fixed them, this wouldn’t happen.
Refusing to do that — now that’s criminal.

I know many animal advocates will say the Scheibel stunt is just as bad.

But what are we going to do? Send in SWAT every time someone baits a hook with a live worm?

We only have so much time, energy and money. Let’s spend it attacking, metaphorically speaking, the elephant in the room.

SPAY and NEUTER!

Lois Henry’s column appears on Sundays. Reach her at 395-7373 or lhenry@bakersfield.com.