Everyone knows the story about the founding of Playboy Magazine in the early 1950s by Hugh Hefner, who in his 30s and was working for Esquire Magazine when he had that epiphany.

Hugh M. Hefner turned 84 this past April

And everyone has an opinion about Mr. Hefner's personal life as it has been reported to us over the years, the content of the Playboymagazine as it has evolved over the past nearly 50 years, and the Meese Report that stepped in and dictated how if can be sold.

Subscription and news rack sales of Playboy are reported to have diminished from about eight million at their highest to currently between two and three million, although I was unable to find the audited reports to confirm this. 

Playboy announced this week that Mr. Hefner, who personally owns 69.5% of the company's voting stock, is proposing to buy all shares that are in the hands of others for $5.50 each.   That's $122.5 million which is almost twice what the shares have been trading for on the open market.

I began my teen years reading Playboy.  And other than looking at the pictures of the "girls next door," I read short stories by well-known authors.  I learned about business from J. Paul Getty.  I got an early appreciation of art and jazz and found out about exotic cars.

I was shown style, style in how to choose clothes and to dress, and I got cooking lessons from famous chef Thomas Mario, who also introduced me to the method of making fine cocktails.

Mr. Hefner wrote a long series titled The Playboy Philosophy.  It was a carefully researched and intellectual piece that explored the sociology of human beings.  I read that, too.  And from it I learned things I hadn't known before and began to think about how I should live my adult life.  Sometimes I agreed with Mr. Hefner, other times I didn't.  Nevertheless, like a college classroom discussion, it helped me formulate who Bill Cherry was then and who he would be later.

In 1986, thirty years after Playboy's first issue hit the stands,  Edwin Meese was the attorney general in the administration of Ronald Reagan.  On orders from President Reagan, he and nine commissioners, including Christian activist, Dr. James Dobson, explored and tried to figure out what constituted pornography, and how it could be regulated without violating First Amendment rights.

A good deal of what it decided to stifle were not only the rights of Mr. Hefner and his magazine, but the rights of those who chose to read it and those who retailed it.

One of the new restrictions was that Playboy, and others with similar photographic content, had to wrap each of its magazines in a sealed wrapper, a wrapper that one could not see through if the cover displayed what the Messe commission defined as photographic pornography.

That wasn't enough for the 7-Eleven convenience stores, who had sold the magazine, unwrapped and easily available, on its store racks for thirty years.  They decided that they wouldn't no longer carry the magazine.  Other retailers interfered as well, some hiding the magazines behind the counter so customers would have to ask for them, others putting them on the highest shelf of the magazine rack so that only the tallest person could reach one.

And that's where we are today, even though hard core pornography now runs rampart and virtually unmonitored and unregulated on Internet web sites, in movie houses, and in places euphemistically called "gentlemen's clubs."

So a week ago, I decided to see how Playboy was being treated in Dallas.  Here's the silliness of what I found.

At Barnes and Noble's largest Dallas store, the store across Northwest Highway from NorthPark Center, for most, the magazine cannot be reached without the use of a store employee with a ladder.  In the photo, only about an inch or so is viseable.  That's it at the very top, left-hand corner.

However, across the store, a hardcover anthology of Playboy centerfolds is wrapped in cellophane and displayed on a shelf that is chest high and with its cover facing the customer.  Directly next to it, also facing outward, is a hardcover titled XXX 30 Porn Star Portraits. It isn't wrapped in cellophane.

At Borders Bookstore on the corner of Royal and Preston, the magazine is wrapped but can easily be reached on the magazine rack.  However, next to it is a similar magazine called Maxim.  It is unwrapped.

Within fifty feet from the magazine rack at Borders, among the "coffee table books" in the section on photography, is a large book that "explores" photographing homosexuals.  This book is extremely sexually graphic, including men with erections  It's title is Man to Man - A History of Gay Photography. It isn't wrapped in cellophane and it is on a shelf that is waist high.

7-Eleven stores still don't carry Playboy.

Yet all around us, the world is being shown that the Meese Report and the actions taken by the government as a result, have not accomplished their mission.  What they have done is provide rules and regulations that, at least in the case of Mr. Hefner and Playboy, interfere with his freedom of speech, interfere with his company's rights to operate in a free market, and worse of all, require his company to follow restrictive rules that are not applied to others.

Those are the reasons that Playboy Enterprises stockholders have seen their investment shrink dramatically in recent years, a cost that surely none of those on the Meese Commission experienced since they had no financial interest in the enterprise.

What we do know for sure is that the Bill of Rights was added to the Constitution, a requirement that the public demanded before the Constitution could be ratified.  The sole purpose of the Bill of Rights, in general, is to promise protection of each individual's dignity.  In other words, that we will each be treated equally.  What is applied to one, will be the same as what is applied to all others.

That obviously isn't happening here.

 BILL CHERRY, REALTORS

DALLAS - PARK CITIES

Our 45th Year

214 503-8563

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I Contend Galveston Itself Is On Welfare

By Bill Cherry

For as long as I can remember, Galvestonians have moaned and groaned about the physical denigration of the island. 

And that’s a long time when you realize I opened my eyes for the first time at Galveston’s St. Mary’s Infirmary 70 years ago.

What to do? 

The standard decision:  Call in a study group from another part of the country to evaluate the city’s strong and weak points.  Let the study conclude what can be done to resolve the problems.  (Have you ever noticed there’s never a part of the study group’s contract that says they will resolve the problems after they find them?)

“Two hundred thousand dollars, please.”

A wag or two write letters to the editor, “Heck, anyone who lives here could have told them “that,” and it wouldn’t have cost taxpayers 200 grand.”

For at least 100 years, the citizenry has had a welfare mentality; the very attitude that many accuse the city’s disadvantaged of. 

The common denominator, if there is one, is simple:  We’re not willing to work toward resolving the problems ourselves.  We’ve always expected the wealthy islanders to take care of it.  For years it was the Sealys, Kempners, Hutchings, Moodys and Maceos. 

In the main, the Sealys, Hutchings and Maceos have moved on, but they were replaced by the Mitchells and the Fertittas.  Hot dog, we were in luck!

And then as these problem solvers attempted to make Galveston better, what Islanders arrogantly demanded that they do, the problem solvers found themselves facing huge numbers of very vocal, critical ingrates.

That’s welfare, alright.  It’s just not taking place in a federally subsidized housing project.

For more than 20 years I physically called on and traveled to visit the heads of companies who we felt could have done well in Galveston.  I wanted so badly to make a difference, to solve the problem.

New York, Boston, Los Angeles, Chicago, Atlanta, Miami, Savannah, Charleston, San Francisco, Denver.  No one in my lifetime has gone more miles or worn out more shoes trying to bring businesses to the Island than I have.

There was no study.  I went to their office, looked them in the eye and did my best to sell them on opening an office, a store, a new business in Galveston.

It became harder and harder for me to go.  Harder and harder to smile, by then knowing that the chance of another rejection was great.  I kept on.

In the 1980s I called in a favor.  Lester Quick was the founder of one of the first discount securities brokerage firms in the U.S., Quick and Reilly.  I asked my friend, who was Quick’s best friend, if he could get him to look at Galveston if we paid his travel and lodging expenses?

My idea was that with Quick’s influence and the massive capital raising facet of Quick and Reilly, he might put Galveston on the road toward success.

When Quick arrived, we boarded a helicopter and flew the island.  We landed, and then he said, “I can’t do anything to help you.”

What he said was what, in my heart, I already knew.  Corporations whose businesses do not require them to be attached in some fashion to the Gulf of Mexico will not consider locating here. 

Here are the primary reasons:  Galveston presents risks that other parts of the U.S. don’t.  Hurricanes, fluctuating population, antiquated infrastructure and expensive travel access are insurmountable obstacles.  Quick’s list went on and on.

So if Quick’s analysis was correct, and nearly one hundred years of experience seems to quantify that it was, how does Galveston become the place Islanders wish it were?

Well, to start off, it has to make substantial progress without the help of outsiders.

First and foremost, it is necessary to provide hope as well as a structured avenue for the disadvantaged to no longer need to be poor wage earners.  That’s done through education.

While GISD was huffing and puffing about the benefits that would accrue to the city if it built a multi-million dollar sports complex, Galveston College president, Myles Shelton, had plans for acquiring a 4 acre tract of land with a 40,000 square foot industrial building.

He envisioned it becoming a place of classrooms and shops where students could learn trades – welding, air conditioning maintenance, plumbing, electrical – where those who walked into his doors with little hope, could walk out smiling, confident because they had acquired skills that are marketable, and they know they’ll be rewarded with a lot more than minimum wage.

That’s how you reduce crime, reduce the need for subsidized housing, increase citizens’ – especially young people’s – self-worth.  That’s how you raise the demand for middle-income housing, and cause builders to produce it.

Galveston Independent School District should follow Shelton’s lead, and with the promise of integrating the two programs.  If state and federal laws are in the way, get them changed.

Your personal goal as a citizen should be to back only programs that make Galveston a town that can support itself, a town that is so magnetic that others will want to be a part of it.  You can do that.

It’s counterproductive to blame city hall, the council, and whether or not the property taxes are too high.  All will change as you and I articulate our expectations.

Rabidly support education programs for those who will not get a degree from a senior college. 

Refuse to participate in thoughts and discussions that the Island will be made the place you want it to be if industry can be encouraged to move here, and Tilman Fertitta will get busy and renovate the Flagship hotel.

That’s both a lazy and ludicrous mentality.

Take a very broad step today.  Send a $1,000 donation to the Galveston Historical Foundation.  That will make you a lifetime member.  And it will make you an important voice in the one organization that has done more to revive Galveston to a place of productivity than any company, governmental entity, or private investor has done.

That’s not just my opinion.  The evidence is empirical.

Finally, demand…not taking no for an answer…that the city’s building codes and ordinances be strictly enforced.  No excuses.  No exceptions.  No junk cars in yards, no substandard housing.  Period.

LEON BREEDEN RECEIVES HONORARY DOCTORATE OF LETTERS

World famous jazz educator, Leon Breeden, who brought his University of North Texas Lab Bands to international fame, playing for presidents, heads of state and in many foreign countries, received an Honorary Doctorate of Humane Letters at the university's 2009 summer commencement exercises.

Surrounded by fellow jazz educator, Jim Riggs big jazz band, comprised of many former UNT graduates, a brief concert was performed and dedicated to Dr. Breeden.

The University's president, Dr. Gretchen Batzille said in her announcement:

"I was proud to award Leon Breeden, the director of the jazz studies program
and the One O'Clock Lab Band from 1959 to 1981, a Doctor of Humane Letters,
honoris causa, on behalf of the university at the 2009 summer doctoral
hooding ceremony.

"Mr. Breeden, a Professor Emeritus of music, was the jazz
program's second director and under his guidance, the program - the first
of its kind in the country - rose to international prominence. Before he
stepped down, the lab bands had received almost 50 national awards for
group and individual performances. A respected clarinetist, saxophonist,
arranger and composer, he has earned numerous accolades, including being
inducted into the National Association of Jazz Educators Hall of Fame in
1985."

Under" the leadership of Dean James Scott, the University of North Texas School of Music has a prominent world-wide reputation among musicians and music educators. 

For more information about the UNT College of Music:

James C. Scott, DMA

Dean, College of Music

University of North Texas

1155 Union Circle, Box 311367

Denton, Texas 76203

Email: James.Scott@unt.edu

BILL CHERRY REALTORS

DALLAS - HIGHLAND PARK

214 503-8563

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August 12, 2009	Printable version

Leon Breeden to received honorary doctorate at UNT

DENTON (UNT), Texas -- Leon Breeden, who was director of the University of North Texas Jazz Studies Program and the One O'Clock Lab Band from 1959 to 1981, was awarded an honorary doctorate at UNT's doctoral commencement ceremony. The ceremony was Aug. 14, 2009 in the Murchison Performing Arts Center, located along the north side of Interstate 35E at North Texas Boulevard.

The degree is awarded by the university to a candidate who has demonstrated high standards of excellence through his or her scholastic achievements, professional accomplishments, philanthropy or public service record.

Under Breeden's direction, UNT's jazz studies program rose to international prominence. It was during his tenure that world-renowned bandleader Stan Kenton discovered the jazz program, the first of its kind in the country, at the Notre Dame National Jazz Festival. That event is widely considered to be a breakthrough for the program's ongoing international reputation.

During this period, Breeden also took over direction of the One O'Clock Lab Band, a name that developed when he moved the rehearsal time for the premiere band up to 1 p.m. from 2 p.m.

Before he stepped down, the lab bands celebrated many "firsts" under Breeden's direction, such as becoming the first college or university band to appear at the White House by presidential invitation in 1967. The lab bands also received almost 50 national awards for group performance and for individual performance.

In addition to spurring the nation's first bachelor's degree program in jazz studies, Breeden also developed a reputation for himself beyond the university to become a respected clarinetist, saxophonist, arranger and composer. His arrangements were performed by many groups, including the Boston Pops and the Cleveland and the Cincinnati orchestras.

He received an Outstanding Professor honor in 1976 from UNT. The Texas Legislature proclaimed May 3, 1981, "Leon Breeden Day."

In 1985, he was inducted into the Hall of Fame for the National Association of Jazz Educators. The North Texas Jazz Festival unveiled a Leon Breeden Award for the best middle school or high school big band in 2003.

Now a professor emeritus of music, Breeden was recognized as an Honorary Alumnus at UNT in 1986 and has played important roles at many of the jazz program's celebrations and milestone anniversaries.

Breeden earned a bachelor of arts in music education and master of music education from Texas Christian University. He was awarded an honorary "Doctor of Letters" degree by TCU in 2001.

UNT News Service Phone Number: (940) 565-2108

OK, while even though not of sterling silver, I was raised with a silver plate spoon in my mouth. 

I admit it.

A driver picked-up our laundry every Monday and brought it back on Friday.  His name was Richard.  The sheets were washed, starched and ironed.  My daddy's dress shirts were each folded and individually packaged.

And the laundry man was different than the uniformed man who picked-up and delivered the dry cleaning.  His name was Mr. Wheeler.

Mr. Covini brought fresh eggs and butter every week, Mr. Crawford sent his driver with the prescription drugs, and Bovio's Grocery's barely English speaking delivery man, Beyanke brought our groceries in a big basket on his three-wheel bicycle.

Mrs. Levin at Nathan's would send the store's driver out to the house with several new outfits she thought my mom might like.  Often my mom would pick a couple, then send the others back.

There were no MasterCards or Visas.  Each store sent their own bill once a month.

And then little by little the civility ensured by door-to-door service has all but vanished, and I don't like it. 

ONE REMAINS: THE SCHWAN MAN

Schwan's has an enormous catalog of frozen foods, from steaks and lobster to garlic potatoes and blueberry cobbler.  The ice cream is of Bluebell quality.

Once every two weeks, our Schwan Man, Luke, comes by in his big yellow-cream colored refrigerated truck and we get our supply -- the basics of each of our orders are strip steaks, skinless chicken breasts and shrimp skewers.

While I understand Schwan's is in most of the larger communities nationwide, in Dallas you can have Luke as Your Schwan Man just like we have.  469 441-3744.

It's time for you to ensure that you are acting like a true conservative Republican, bringing civility back into your life at the same time.  Start by using the Schwan Man.  In Dallas, call Luke.  469-3744.

BILL CHERRY, REALTORS

DALLAS - HIGHLAND PARK

214 503-8563

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MEYER REISWERG -- GALVESTON'S STRAND SURPLUS SENTER

Those of you who visited and shopped Galveston's famous Strand Surplus Senter, also fondly called Col. Bubbies, will be saddened to learn that its owner, Meyer "Col. Bubbie" Reiswerg passed away yesterday.

Bubbie had such a wit that he was brought to New York as a guest on the David Letterman Show.  He brought the house down!

But what I liked best about Bubbie was his ability to debate.  More than once he took the Galveston School Board on.  He was always far better prepared than they were.  The winner was Bubbie in a slam dunk decision.

Meyer "Col. Bubbie" Reiswerg

BILL CHERRY, REALTORS

DALLAS - HIGHLAND PARK

214 503-8563

 

TEXAS DECEPTIVE TRADE PRACTICE ACT VS "AS IS" 

Some say that the reason the Texas Legislature put in place the Deceptive Trade Practices Act (Chapter 17 of the Texas Business and Commerce Code), was to give attorneys an opportunity to sue for big bucks, win big settlements, and pack their pockets with big legal fees.  Maybe so.

One thing that the DTPA brought was that it completely wiped out caveat emptor ("let the buyer beware") and replaced it with caveat vendor ("let the seller beware").  And along with it came the inability for either or both parties to waive the rights given them under the DPTA.

In 1995, the Texas Legislature amended the statute so that now consumers CAN waive their rights under the statute.  However, "The consumer-buyer must possess equal bargaining power with the seller, and be represented by legal counsel not identified, suggested or selected by the...seller."

So with respect to real estate transactions, property can now be sold "as-is" under certain circumstances.  And while the buyer can still file suit against the seller under the DPTA statute, if the "as-is" notice was properly negotiated and agreed to at the time of the sale, conventional wisdom seems to say that the buyer cannot recover any monetary damages.

There is a voluminous article titled "As-Is" in the April 2009 issue of Tierra Grande magazine that real estate professionals as well as propery owners should read.  It's written by Judon Fannbrough.  Tierra Grande is a publication of the Real Estate Center at Texas A&M University.

It seems to me that it would be appropriate for any and everyone selling and buying property within the areas hit by Hurricane Ike to agree that the purchase is an "As-Is" transaction.  Afterall, no one can be sure the totality of damage to any property and further, that the remediation was properly done.

If I were a Realtor practicing in, say, Galveston County, I would advise my listing clients to properly identify their sales as "as-is"

BILL CHERRY, REALTORS

DALLAS - HIGHLAND PARK

214 503-8563