Governor seeks dismissal of Ark lawsuit

I do hope that doling out pork to religious cranks will appear less attractive after Ken's choice to bite the hand that feeds him (other people's money).

Glen Davidson

Hopefully, the suit will be dismissed with extreme prejudice. Can they be sued for filing a frivolous law suit? They should be. That would certainly send the right message. When you are caught breaking the law red handed, you shouldn't be allowed to turn around and file a frivolous law suit in order to get out of it. These guys should be in jail, or at least fined, they seem to be getting off easy.

According to the imported Ham, whether he gets the sales tax rebate or not the Ark will be built. There is still the added access ramps that were to built for the added traffic to the 'amusement' park.

God has instructed Ham to upgrade the original design. Laminated beams instead of one piece beams will be used.
https://arkencounter.com/blog/2015/03/09/laminated-wood-puts-a-curve-in-ark-design/

Lots of concrete and steel...another of God's improvements...
https://arkencounter.com/blog/2015/03/11/the-center-tower/

Charley Horse said: God has instructed Ham to upgrade the original design. Laminated beams instead of one piece beams will be used. https://arkencounter.com/blog/2015/03/09/laminated-wood-puts-a-curve-in-ark-design/ Lots of concrete and steel...another of God's improvements... https://arkencounter.com/blog/2015/03/11/the-center-tower/

Charley Horse said: God has instructed Ham to upgrade the original design. Laminated beams instead of one piece beams will be used. https://arkencounter.com/blog/2015/03/09/laminated-wood-puts-a-curve-in-ark-design/ Lots of concrete and steel...another of God's improvements... https://arkencounter.com/blog/2015/03/11/the-center-tower/

If this structure ever gets finished, it will be interesting to see what it looks like in about 20 years. Ham probably won't care since he will have already made his fortune from gullible people who could have used their own money for better things.

In case of flooding, God instructed Ham to raise the Ark 12' above the ground. That conveniently allows for display rooms and access to elevators.
The concrete structures will contain bathrooms, emergency stairways, storage rooms, etc. More conveniences than Heaven has. Unless it has been upgraded. Wonder if Heaven has WIFI....

If Heaven has WIFI I bet it's like the Four Seasons and will charge you $9.99 a day to use it.

Mike Elzinga said: If this structure ever gets finished, it will be interesting to see what it looks like in about 20 years. Ham probably won't care since he will have already made his fortune from gullible people who could have used their own money for better things.

Mike Elzinga said: That first picture of a laminated beam would be something to point to when illustrating to students the problems of scaling. This picture alone tells a big part of the story of why such an ark was never built in reality. Look at how the beam bends down under its own weight when suspended from that strap in the foreground....

Sure, but they probably had a bunch of dinosaurs to help with the heavy lifting...

Over at Answers they are in a kind of tizzy. They constantly refer to a 2010 video piece where Gov. Bashear is unswerving in his ill thought out support for idiocy. Now of course, after legal advice to Bashear pointed out the utter unconstitutionality of the tax break, the State, and the idiot Gov, have realised their dilemma. Heh!

Ham is being broiled, and it is lovely to watch his goose being cooked.

At Answers, just looking through the pictures the obvious question arises. (Others also bring this point up, although the faithful apparently approach the subject with eyes wide shut.)

There is a huge concrete platform, reinforcing steel and girders are clear to see, a mobile crane is nearby, riveters and drills and fine steel hammers are obvious, cables carrying electricity are observed. So, the question is, What did Bronze Age Noah use, as viable alternatives for these?

The scientific question has a known answer. Noah's ark as described in existing Biblical texts is a symbolic, mythological creation. Ham's interpretation bears no resemblance to a seaworthy craft of any kind.

The legal question has a known answer. It is currently illegal for United States governments to favor one particular religious sect over others; however, for better or for worse (worse in my opinion), religious institutions that admit what they are, are exempt from some taxes. Ham could use the time honored technique of just declaring the Ark Park to be a non-profit religious institution, while hypocritically using its income to pay high salaries, but that wasn't good enough. Even Liberty University/Discovery Institute policies aren't extreme enough for him. He is trying to declare it to be a for-profit commercial enterprise, while simultaneously enjoying the advantages of a not-for-profit religious institution. Even a non-lawyer can see that this is absurd.

However, what matters in this case is the political question. Will judges declare in Ham's favor in order to support a political ideology, law be damned? The list of historical cases in which judges promoted injustice with rulings that we now realize cannot be rationally justified by reference to US law is long. It's impossible to read even in the earliest forms of the US constitution that the law permits holding people against their will and forcing them to labor with threats of violence, yet it was almost 100 years after the constitution became law before this was finally officially abolished. Although the Kentucky constitution is redundant in this case, will Kentucky voters elect right wing ideologues who pass bills and constitutional amendments in favor of Ham and his ilk? I certainly hope all readers are aware that neighboring Indiana passed "religious freedom" bill that ostensibly over-rides federal non-discrimination statutes on Friday.

The undetermined issue here is political. We know that thing can't float, and we know that making taxpayers support one religion more than others is illegal. Nothing Ham can ever do can make that thing float, but laws are made by, and can be changed by, politicians.

Charley Horse said: According to the imported Ham, whether he gets the sales tax rebate or not the Ark will be built. There is still the added access ramps that were to built for the added traffic to the 'amusement' park. God has instructed Ham to upgrade the original design. Laminated beams instead of one piece beams will be used. https://arkencounter.com/blog/2015/03/09/laminated-wood-puts-a-curve-in-ark-design/ Lots of concrete and steel...another of God's improvements... https://arkencounter.com/blog/2015/03/11/the-center-tower/

robert van bakel said: Over at Answers they are in a kind of tizzy. They constantly refer to a 2010 video piece where Gov. Bashear is unswerving in his ill thought out support for idiocy. Now of course, after legal advice to Bashear pointed out the utter unconstitutionality of the tax break, the State, and the idiot Gov, have realised their dilemma. Heh! Ham is being broiled, and it is lovely to watch his goose being cooked.

https://www.google.com/accounts/o8/id?id=AItOawnoPnMWQfeCANdXlQBv5Z2lEoL0IJ3d54k said: That Alabama factory floor has some major housekeeping safety issues. If I was OSHA I'd be on their case like nobody's business.

Close examination of the glulam shop images reveals workers without safety glasses, no discernible ear protection, no respirators in use, multiple hoses entangled with debris all over making for tripping hazards. On the finishing floor, accumulated shavings, sawdust and wood makes for a great fire hazard.

Definitely not a union shop.

ganf17 said: Close examination of the glulam shop images reveals workers without safety glasses, no discernible ear protection, no respirators in use, multiple hoses entangled with debris all over making for tripping hazards. On the finishing floor, accumulated shavings, sawdust and wood makes for a great fire hazard. Definitely not a union shop.

Kevin B said: We'll just have to wait and see if the Ark Park food vending is going to recreate the Feeding of the 5000, Manna from Heaven or the Plagues inflicted on the Egyptians.

That Alabama factory floor has some major housekeeping safety issues. If I was OSHA I'd be on their case like nobody's business.

Paul Burnett said:

That Alabama factory floor has some major housekeeping safety issues. If I was OSHA I'd be on their case like nobody's business.

I have notified Mike Donta, Acting Director of OSH Compliance at Kentucky OSHA.

alicejohn said:

robert van bakel said: Over at Answers they are in a kind of tizzy. They constantly refer to a 2010 video piece where Gov. Bashear is unswerving in his ill thought out support for idiocy. Now of course, after legal advice to Bashear pointed out the utter unconstitutionality of the tax break, the State, and the idiot Gov, have realised their dilemma. Heh! Ham is being broiled, and it is lovely to watch his goose being cooked.

This is not they way I recall the events. The state could legally give money to the for-profit Ark venture as long as they followed the law (federal, state, and local) including hiring discrimination laws. Everything was fine until the Ark folks decided to put in a religious test for hiring that was clearly illegal. When Ham and Company refused to correct the illegal hiring practice, the state pulled out. As harold has pointed out, the case is fairly cut and dry unless politics creeps into the court decision. I see three possibilities for Ham's behavior: 1- Ham and his crew have the most incompetent bunch of lawyers and accountants on the planet 2- Ham and his crew are using the court case as an exit strategy needed to abandon a project he can't complete 3- Ham is as sly as a fox and getting into a battle with the evil government is going to make him a fortune

I posted an update a little while ago to the effect that Americans United has petitioned to intervene.

Perhaps he can move the park to Louisiana.

http://cenlamar.com/2015/05/14/louisiana-bill-could-provide-millions-in-public-incentives-for-religious-theme-parks/