Drinking, Driving, and DAs: The Lehmberg Story Has Gotten Too Interesting for Austin’s Good (UPDATED)

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From “Remove Rosemary Lehmberg” on Facebook

The Travis County legal community is choosing sides in the battle over whether our currently-incarcerated district attorney, Rosemary Lehmberg, should get to keep her job when she gets out of jail in a few weeks. She is currently serving a 45-day sentence for driving while intoxicated, which could be as short as 22-23 days if she manages to stay out of trouble while in there. A Travis County lawyer (also a colleague, law school classmate, and friend) filed a petition to remove her from office, citing a Texas statute allowing removal of a district attorney for intoxication. The County Attorney’s office has now filed suit under that statute to seek Lehmberg’s removal, and a group of Austin attorneys has filed a “Friends of Rosemary” memorandum opposing her removal.

My first thought upon hearing about the memorandum in Lehmberg’s support was a sense that, as a non-practicing but still-licensed attorney, I am somewhat on the sidelines of this debacle. The district attorney is elected by all the voters of Travis County, though, not just the attorneys who vote (even if the attorneys are usually the only ones who closely follow DA and judicial elections.) This affects me and every other individual in this county, even if I will never professionally deal with Lehmberg or her office. I understand the arguments in favor of Lehmberg remaining in office. Considering all of the factors at play, I’m not entirely happy to say this, but I agree that she should go. I think it would be better for her to resign, but the chess pieces are in place now, so I guess we’ll see what happens.

To be clear, I have one reason for this position: public safety. I do not care if the district attorney was drinking alcohol per se. I do not care what a public servant does in their private time, except when it directly threatens the safety of others. Driving while (apparently, very) intoxicated is a direct threat to public safety. The end (of my position statement.)

Here is a bit of a play-by-play of what has happened so far.

I. THE ARREST

According to a police affidavit, as reported by KXAN, a 911 call at about 10:45 p.m. on Friday, April 12, 2013 reported that a Lexus had been driving in the bike lane and weaving for about a mile on southbound FM 620 in west Austin. Police arrested the driver, DA Rosemary Lehmberg. Her behavior at the police station is sure to be the stuff of legend (the affidavit reportedly described her as “both polite and excited, insulting and cocky.”) (Also, restraints were involved.) She was released on a personal bond at about 7:30 that Saturday morning. Continue reading


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Is North Korea Targeting……Austin?

Okay, this scene was pretty scary. (via alternatehistory.com)

Okay, this scene was pretty scary. (via alternatehistory.com)

I’ve heard some rumblings this morning that North Korea has a list of targets in the U.S. for the missiles it may or may not have, and that this list includes my current abode of Austin, Texas. Let me first note that, according to KEYE, the source for this list is the Drudge Report, so take the news with a multi-kiloton grain of salt. Second, why Austin?

See, I grew up in San Antonio in the 1980′s, when nuclear war was the disaster du jour, much like the zombie apocalypse today. Because San Antonio had four Air Force bases and a major Army base, we pretty much all figured that we would be among the first to go if the Russians ever decided to bomb us. By the age of ten or eleven, I had an oddly fatalistic view of nuclear war, and movies like The Day After didn’t scare me all that much, because I didn’t think I’d be around for my hair to fall out in the first place. A native San Antonio author, Whitley Strieber, even co-wrote a post-apocalyptic travelogue of a post-nuclear America called Warday, in which San Antonio was one of only a few cities directly destroyed by nukes.

It sort of makes sense for San Antonio, in the 1980′s to be a target (did I mention all the Air Force bases?). Austin was supposedly even on the primary target list back then, because of Bergstrom Air Force Base. Bergstrom has been a commercial airport for over a decade, though, so what’s the deal, Kim? Do you not like live music?


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SXSW 2013 Diary, Day 2 (March 9, 2013)

[Typed on an iPad with minimal proofreading.] Since it was a Saturday, I could use my fiancee’s parking pass downtown. No bus for me!

I almost immediately regretted trying to drive downtown. I got one of the last parking spaces on the roof of the garage, which I only obtained after a lengthy process of abruptly stopping to avoid rear-ending the driversnwho seem to think that you must close every 10-foot gap between you and the car in front of you at 20 mph or more.

Te first session I attended was entitled Tweets from the DMZ: Social Media in North Korea with Jean H. Lee, AP Bureau Chief for North Korea. While there was some interesting “slice of life” information about a Seoul-based journalist’s regular trips to North Korea, it mostly consisted, quite literally, of screenshots of tweets she has sent. I learned some interesting stuff, though. She said that the regime never stops her from taking pictures, but they always know what she is doing. They try to make sure she is “respectful” to her subjects more than almost anything else. South Korea has very strict limits on access to online material from the north. It is apparently illegal in South Korea to access North Korean websites, and the government has a strict firewall in place. It is illegal even to retweet something from North Korea. People in South Korea, she said, must be careful even following people in North Korea. North Korea has a few government-run sites, including Flickr, Twitter, and Instagram. The main goals of these government-run social media sites are propaganda, getting pictures of the leader out, etc. One person, during questions, basically suggested that she was a dupe of Pyongyang, doing their bidding by presenting their side of things, but she disputed this. He even suggested that North Korean agents might be in the room keeping eyes on her. She responding by inviting any North Koreans in the room to stand up and say hello. No one did, and I decided that would be a good time to leave.

Last year, I met some interesting people in the Samsung Blogger’s Lounge, so I headed there next. Let me try to be charitable here……while I recall that they used the room last year both to give bloggers a place to work and socialize and to do webcasts of interviews with people who are “buzzing” at SXSW, this year the interviews were harder to ignore. Impossible to ignore, actually. The host of these interviews is probably a very nice person, but her style is, I dare say, not suited to any room where anyone is expected to pay attention to anyone except her. She’s bubbly, goofy, and loud, is all I’m saying. I was able to finish my Day 1 blog entry, but couldn’t hold a conversation with anyone for long.

I hesitated to attend the next panel, for pretty basic social reasons of taboo and embarrassment. I’m glad I did, because it was one of the best sessions I’ve attended at any conference, ever. Not just because the presenter, Cindy Gallop, has an awesome British accent. The session was entitled The Future of Porn, and the line to get in extended out of the ballroom quite a long way. (She noted that nearly everything she was going to say in her talk could be a double entendre, andit was good to get that out of the way.) This was not a discussion of smut per se. In fact, she maintains that the sites she created, MakeLoveNotPorn.com and MakeLoveNotPorn.tv, are not porn, but “real world sex.” I’m just going to paste some things from my notes (shout-out to Evernote here):

  • What happens when you combine easy access to porn online with societal reluctance to discuss sex at all?
  • MakeLoveNotPorn compares porn world to real world. Led to TED Talk in 2009.
  • Not anti-porn. Issue is lack of honest conversation about sex in the real world.
  • Social media platforms generally won’t deal with sex. She wants to “socialize sex.” Launched MakeLoveNotPorn.tv, where people can submit their own videos of real sex. Site is curated, so it’s not like YouPorn. $5 submission/curation fee, $5 rental fee for 3 weeks unlimited viewing, 50% of revenue shared with submitters. The “Etsy of Sexy.”
  • Not porn, not “amateur.” They are #realworldsex. Community tells them what real world sex is.
  • Real world sex is funny, while porn sex is “earnest.” Sexual equivalent of “America’s Funniest Home Videos”
  • Real world sex is messy. Porn is “clean,” i.e. hairless, and you never see lube. No sex during periods [Ed. note: no judgment here. Whatever floats your boat.].
  • Real world sex is responsible. Porn either doesn’t have condoms, or they magically appear. More condom use if it seems sexy.
  • “Lazy person sex” – after long day, really tired, but horny. Don’t want to lift a finger to get off. No representation of that in porn or other media.
  • Thumbnails & copy are all SFW, so no one has to slam down the laptop when someone walks by.
  • You can make personalized playlists, send them to people. Lets you tell people what you like w/o awkward conversations [Ed. Note: I don't get how this is less awkward than talking, necessarily, but what do I know?].
  • Could be the “Kinsey of today.” Had to design in-system scoring that is easy to use and one-handed. You hit the space bar to say “yes!”
  • Porn industry has been supportive. Gen Y in porn has reached out to her (entrepreneurial, ambitious, want to be part of the “new world order” of things.)
  • They’re not competing with porn. Most porn labeled “amateur” isn’t.
  • One viewer told her “Porn makes me want to jerk off. Your videos make me want to have sex.”
  • No bank in the U.S. will work with her because “porn” is in the name. No mainstream payment processor would work with her. Finally got PayPal challenger Douala (?) on board, had to go with a European bank and payment processor.
  • Porn is falling prey to the same dynamics as the music and publishing industries. Businesses play it safe by doing what everyone else is doing. Porn’s way of dealing with it is more controversial.
  • ***”It’s not that porn degrades women. It’s that business degrades porn” Pushing any business into the shadows enables bad things to happen. She’s trying to change the world through sex, make sex better for everybody. Business world is trying to stop her. She says the business world is driven by men who believe men are their target audience. She listed women entrepreneurs who are doing great work (Nina Hartley, etc.) “Women challenge the status quo because we are never ‘it.’”
  • She listed a few other products or sites she felt were worth mentioning:
  • Vibease – device for couples in LTRs.
    Offbeatr – website for sex projects
    They Fit – custom-made condoms, no FDA approval in the US
    Bang with Friends – launched about a month ago.

  • Average age of first seeing hardcore porn online today is 8. They don’t necessarily go looking for it.
  • Less than 5% of parents, she says, ever talk to their kids about sex. The talk has changed, as it needs to include discussion of what shows up in porn.
  • Legalities: 2 forms of ID, “no children, no poop, no animals.” Brought in adult industry lawyers to help.
  • Protecting privacy and IP: members-only site, no way to guarantee no piracy, though. They review everything submitted to the site before posting it. They remove videos on request if a couple breaks up.
  • Finance: adult industry-specific companies, payment processors, etc. She wants business partners who get their mission. AI-specific processors think they’re just porn, have extortionate rates. Even they though MLNP was too risky. Company like Manwin has $$$, has easier time with banking.
  • None of their videos have an “extraneous” cameraman. Spouse might record other spouse, or person might use webcam.
  • Difference between porn and sex ed. Teachers have asked to use MLNP dot com in their sex ed classes. So few people are willing to stand up for these issues, that everyone wants Cindy to do all of it.

A couple of questions stood out. Someone eventually asked if Cindy appears in any of the videos on her site. Less predictably, the questioner was a woman, and the question was asked very earnestly (as opposed to a pervy manner). A mother of teenagers got up and described how her kids have used the family computer to access adult content. She is worried about the false impressions they will get about sex, and so asked about how to use the MNLP video site to give her kids access to more realistic, perhaps even “educational” material. Mom of the Year? Quite possibly.

I could write for weeks about everything I think is wrong in the way we deal with the issue of sex. It’s prety screwed up in most of the world, but I’ll focus on the U.S. Her opening statement summed it up very well, though: we have unprecedented access to “adult” material, and not just through porn, but through an overall sexualization in our culture. At the same time, we still lack almost any ability to discuss it like rational adults, and we still attach ridiculous forms of stigma to people regarding sex. This applies to people who have sex a lot (cf. Sasha Grey), people who don’t have it at all (cf. Lolo Jones), and everything in between. And that’s only covering the conventionally-attractive young white woman demographic. Don’t get me started.

I went to a 15-minute session on copyright law after that. Blah blah fair use and so on. Then I went home to assemble more IKEA furniture.


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SXSW 2013 Diary, Day 1 (March 8, 2013)

I’m going to be honest here: I’m not really feeling it this year. I suspect that is approximately 100% due to the fact that I moved into a new house at the beginning of this week, and am experiencing the associated anxiety and odd depression that always seems to come with that. Don’t get me wrong, I love our new house. It’s just that I also sort of hate it at the moment.

It was in the midst of this chaos that I embarked on my second year as a badge holder at SXSW Interactive. Once again, I don’t really have a clear notion of my goals, other than to meet people, learn more about tech, blogging, and social media, and just be around talented, interesting, and occasionally self-important people. I’m sucking at the “meeting people” part so far, but being at the Austin Convention Center in a relatively festive atmosphere is a welcome reprieve from a week spent mediating between furniture deliveries, movers, and contactors. (Also, the purchase of a house with enough repair needs to quickly burn through most of our money, but let’s not go there just now.)

I took the Capital Metro rail for the first time, parking where I’m probably not supposed to park and riding the train to the final stop just outside the Convention Center. I don’t know if the train is usually that crowded, or if that is a SXSW effect, but it was a decent ride. It certainly beats trying to find parking downtown.

Since I don’t do much late-night partying anymore, I was able to arrive downtown at about 9:30, give or take, and it took a mere 5 minutes to get my badge. I remember last year needing about 20 minutes, but then seeing that the line had circumscribed the Convention Center later in the day. This would be an example of the hipness of being square – less time waiting in lines, or something.

I spent much of the morning catching up on work, and found the environment to be oddly conducive for work. Maybe there was some osmosis of creative power, or maybe I was just determined to finish so I could move on to fun things.

By the time I broke away from the siren call of legal-blogging-for-hire, I was not sure where I wanted to go. I considered catching a shuttle to a different venue for a panel on the business potential of animated GIFs, but ran into a friend who was going to a panel on disaster relief.

Disaster: The Future of Crisis Communications addressed how the Coast Guard has made use of social media and other technologies in disasters like Hurricanes Sandy and Irene. Very interesting stuff. Much of what they said seems obvious at first, but when you consider conditions after a disaster, you understand their importance, and how easy it might be to overlook them. In sufficiently serious crises, the very network we rely upon for information might be out of commission. How would we get information without our smartphones? Yes, many people still use things like radio or newspapers, but social media allows responders to get information out in, to use a cliché, real time.

Teaching Cheetahs: Disruptive Education in Africa was the only other panel I went to this day, partly because it sounded interesting, and partly because I didn’t have to change rooms. A group of panelists included two executives from a nonprofit that funds scholarships for top students from African to study at American universities, the founder of a Kenyan startup that provides tablets to students loaded with school curricula, and the director of an organziation that produces documentary videos highlighting educational needs. There was far more than I can justifiably summarize here, but the overall theme was “African solutions to African problems.” I just read an article the other day about well-intentioned but catastrophic efforts at aid to Africa, most of which amounted to dumping America’s leftovers in rural Africa rather than supporting infrastructure and education. It is also generally annoying that people in the U.S. often refer to “Africa” in a unitary sense, when in reality it is a continent with 54 countries (I think that’s the right number), about 1 billion people, and a wide diversity of culture, history, and language. It’s also more than twice the size of the U.S., so it’s big. Here are the organizations and companies represented, and I’d say they are worth checking out:

  • African Leadership Academy in South Africa
  • African Leadership Bridge in Austin, Texas
  • The Nobelity Project, also in Austin
  • eLimu, a startup based in Nairobi, Kenya

After that, I went home to assemble IKEA furniture.

Other highlights of the day included getting my picture taken in the Iron Throne…

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…and also with Clifford the Big Red Dog…

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There was also this odd display by 3M, which I call 3M’s 2D Hottie.


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Maybe Not the Best Way to Make Friends at SXSW (UPDATED)

(WARNING: I’m going to be mean in this post.)

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Seems legit (via austin.craigslist.org)

Meet Daniel. Daniel is an Austin musician who just wants to meet cool people and hang out for South by Southwest, and he is offering up his place if you need somewhere to crash.

And if you’re a lady. Or two ladies. Who are willing to provide “services.”

I’m looking for one to two ladies to stay free during SXSW at my place. This is a simple deal; a free place to stay with many extras, for your services.

The precise meaning of “services” is left unstated, although you can read between the lines.

He offers many amenities, including “recording equipment and instruments” and “free internet and computer access.” This sort of begs the question: who charges for internet access at their own place?

Listed among the amenities, it is worth noting, is “a 6′ tall 190 lbs 6% body fat with ripped abs and a musician, for company.” The grammar is unclear, but I think that is all in reference to Daniel, although it is possible that he has a musician growing out of his abdomen. If he does, you can’t tell from the picture.

Anyway, Daniel wants us to know that his needs are pretty simple, and that he’s just reaching out to make new friends.

I’m just looking for cool people to hang out with during SXSW.

• Two friends
• Sisters/twins
• One girl is fine too

I mean, when I meet a woman with whom I’m interested in forming a friendship, I always ask if she has a twin. Who doesn’t?

Perhaps I am being unfair here. Perhaps this really is just an Austinite reaching out to make friendships and offer a place to stay during the city’s busiest week of the year, when hotel rooms are scarce and expensive. What do you say, Daniel?

I’m not a shallow person as this ad may seem. This is really a business deal, a nice way to meet cool people, and have some fun at the same time!

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Were you maybe picturing something like this? (via moejackson.com)

A……business deal? I’m a little confused. I don’t usually include a picture of my abs in business proposals, but then again, mine are hiding under multiple layers of pizza. Yes, you said you could offer a place to stay with free home-based wifi in exchange for “services.” You also just want to make friends. With ladies, possibly twins. It’s almost like there’s something you don’t want to come right out and say……are you going to make these women clean your pool? Let’s just go with that.

Also, thank you for stating that you are not shallow. I have always found that the best way to reassure someone that you’re not shallow is to tell them that you are not shallow. Because we are all the most credible source when it comes to our own shallowness, or lack thereof.

I suppose I should applaud Daniel’s initiative. Who knows if he’ll get any responses, or if any responses he does get will be remotely close to the image he may have in his mind. He’s offering room, board, other amenities, and his abs in exchange for “services.” I have long advocated for decriminalizing sex work, and now I can point out that decriminalization would make not-shallow stuff like this mostly unnecessary.

Because I figure the post will come down soon (I can’t be the only person to have noticed it), I screencapped it here and here.

UPDATE (March 8, 2013): I forgot to give a hat tip to Damon, who brought this bit of oddness to my attention.


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Cue the Invisible Hand of Capitalism!

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What would Adam Smith do???

Downtown Austin has a parking problem. Anyone who has every tried to go there at any time other than 3:00 a.m. on a Wednesday knows that parking is a challenge. (Also, I am only assuming that parking is easier in the wee hours of mid-week, but I could be wrong.) To hear some city officials and business leaders describe it, though, you would think that we have too much parking downtown, thanks to antiquated government regulations. The city is prepared to respond, too:

Austin might soon ditch a three-decade-old policy of requiring downtown buildings and tenant businesses to have a minimum number of parking spaces tied either to square footage or the number of condos and apartments in a building.

Supporters of the move say the minimum requirement has caused a parking surplus downtown, encouraging people to use their cars rather than bikes, buses and rail. Take away that requirement, they say, and eventually garage parking will become a more scarce (and expensive) resource, encouraging people to use alternative transportation. [Emphasis added]

I must have missed this glut of downtown parking somehow. Admittedly, I do not spend as much of the evening hours downtown as I used to, say, ten years ago. In fact, I’m not certain of the last time I went downtown at night with the intention of doing anything other than improv or a movie.

The real question is about this “alternative transportation.” What “alternative transportation”??? Yes, we have buses, and yes, we have a nascent commuter rail system, but Austin is part of the grand western American tradition of drive-your-damn-self-everywhere.

Perhaps this is the Invisible Hand at work. If we remove the ability of consumers to park downtown, then the Invisible Hand will create a shiny, efficient transportation system to get people to and fro. I hope the mayor has an Adam Smith Signal, because we need to light that thing up!

Photo credit: © Copyright kim traynor and licensed for reuse under this Creative Commons Licence.


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Austin Scares Itself Quiet

First_lap_2001_Canada

If they can do it in Canada, we can do it here, eh?

For months now, we have heard about how thousands upon thousands of ritzy foreigners will be descending on Austin this weekend for the F1 races, and the havoc that this will play on an already stressed transportation grid. As a result, at least judging from social media chatter, many, many locals decided it would be best to just stay in.

Amusingly, this led to what appeared to be a very quiet downtown Austin. Whatever extra traffic appeared thanks to the addition of Euro racing fans was offset by a lack of Austinites. Well, that’s my unscientific theory, anyway. Aside from a noticeably higher volume of helicopter traffic, the roads were smooth sailing between at least 6 and 11 p.m. last night. I’m not sure how crowded Rainey Street normally is, since it is not part of my regular social rotation, but finding price-gouged parking was quite easy, and getting out of the parking lot later in the night was also easy.

It wasn’t just Rainey Street, either. If Twitter is any indication, the West Sixth Street and Red River scenes were both quiet as well.

My advice to you, Austinites, is to get back out there. We are allegedly overwhelmed by obscenely wealthy foreigners who are trying to decide if Austin is a good market on which to drop a buttload of money. If this city can handle more than a week of South by Southwest traffic, we can handle two days of F1. Get back out there and be weird.

Photo credit: “First lap 2001 Canada” by Paul Lannuier from Sussex, NJ, USA (Lap 1) [CC-BY-SA-2.0 or CC-BY-SA-2.0], via Wikimedia Commons.


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Austin Hits the Big Time: The Phelps Are Coming to Town!!!

god-hates-fags-60-fuck-this-guy

Via signsoflaughter.com

The city of Austin should be engorged with pride to know that we have reached a sufficient level of pride, not only to attract the international allure of Formula 1 racing, but also the brilliant performance art of Fred Phelps and the Westboro Baptist Players. (h/t Russell)

[WARNING: I'm in an extra sarcastic mood, so I kind of let loose verbally in this post. If you don't want to read multiple alternatives to the word "penis," you might not want to continue beyond this point.]

The Austin Chronicle gives us their media release explaining the crux of their upcoming performance:

WBC will picket Formula 1 racing at The Circuit of The Americas in Austin, TX to remind this nation that God hates the vwicked people of this land of vain idolaters and that they shall be turned into Hell. These sporting events resemble the patriotic worship-the-flag pep rallies masquerading as sodlier’s funerals in that this Bible-ignorant fools worship these race car drivers like they are little gods! Shame on these people for worshipping these athletes instead of following the plain commandments of their God. They ought to obey today before it is too late. WBC knows they will not, never the less, we will kindly warn them to flee the wrath to come. These are the last days of all, Doomed america. Wake up before you find yourselves cast into the deep pit of endless fire! [sic]

Note the strategically-placed spelling errors and the avante garde disregard for pedestrian grammar rules. Yes, the Phelps clan will be bringing their unique artistic stylings to the Circuit of the Americas, where they can spread their message of Dadaist non-conformity to the elite racing fans of Europe and other places where people have enough money to charter their own helicopters. Continue reading


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Austin Animal Center Gets an Emmy Nomination

A local TV spot has received a nomination for a state-level Emmy award. The National Academy of Television Arts & Sciences Lone Star Chapter announced its 2012 Lone Star Emmy Nominations, and “Maddie’s Day Out” is nominated in the “Commercial – Single Spot/Campaign” category.

The city’s Channel 6 produced the ad for Austin Animal Center, chronicling the adventures of a yellow lab named Maddie as she hits many of Austin’s iconic destinations while her human searches for her. As cute as it is, it has an important message about tagging and microchipping your pets. Dogs go missing all the time, unfortunately, and they’re not all as resourceful as Maddie. Of course, you should also make sure your backyard is secure so your dog can’t get out, and also make sure the tagging and microchipping are up to date.

I particularly like the salt-rimmed dog bowl.

The competition is rather diverse: “Celebration: ‘Outliving Your Ovaries’ Product Spot”from KDTN in Denton; “Dallas Mavericks Basketball Is Back – Time Lapse Mural;” and “Sea World San Antonio/Momentum ‘Howl-O-Scream.’” I think Maddie’s got this one.

I’ll just take this opportunity to post this AT&T commercial from a few years ago, which still makes me cry, dangit:


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Austin is Number 149!!!

480px-Is_there_a_skate_repairman_in_the_house

I searched Wikimedia Commons for “Austin traffic,” and this was the only result even related to the city of Austin. Just sayin’.

Allstate Insurance released its eighth annual “America’s Best Drivers Report™”about a month ago, and the great city of Austin did, uh, not so great. Out of the two hundred largest cities in the country, we ranked 149th for “best drivers.”

To get those figures, Allstate’s actuaries compiled collision data from 2009 and 2010 to see how long an average driver in each city is likely to go between accidents. The cities with the “best” drivers went the longest between accidents and had the lowest likelihood of accidents as compared to the national average. The “best” drivers are apparently in Sioux Falls, South Dakota, with 13.8 years between accidents and an accident likelihood 27.6% below the national average. Washington, DC, on the other hand, ranked dead last, with 4.7 years between accidents and a likelihood of accidents more than twice the national average.

Austinites can expect to go 8.1 years between accidents. We are 23.9% more likely to have an accident than the national average. Smaller cities tend to have “better” drivers, presumably because there’s less traffic and fewer distraction. Austin ranks thirteenth in population in Allstate’s list of cities, with more than 820,000 people. Sioux Falls ranks 153rd, with just over 156,000.

So anyway, drive safely out there. Continue reading


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