The “Appreciation” Is Not Appreciated – And So Long To At Least One Restaurant
by John Weckerle
Today your editor dined at Vinaigrette in Santa Fe. This included a cup of the mushroom stew and splitting a “The Beet Goes On” salad. The stew was very good. However, the salad, while tasty, was disappointing; the entire thing, for both of us, appeared to contain a single slice of a rather small beet – in short, the beet did not go on, or at least didn’t go far. The amount of goat cheese seemed a little diminutive as well. We compliment Vinaigrette on the overall taste of the salad.
To steal a phrase from Arlo Guthrie: “But that’s not what I came here to talk about…” What we came here to talk about is something that appeared on the final bill – a completely unexpected 2 percent “Kitchen Appreciation Fee.” We did not see this anywhere on the menu nor did the server mention it. It does not seem to appear on online menus, and Vinaigrette doesn’t appear to discuss it online.
Research shows that this is becoming more and more common. It is sometimes described as a way to increase kitchen wages (addressing wage disparity between kitchen staff and servers) “without increasing prices.” How dropping a 2 percent surcharge isn’t “increasing prices” is a bit beyond us; to our way of thinking, and apparently to the way of quite a few other people’s thinking, it’s just a sneaky way of – well – sneaking in a price increase without calling it that in order to cover a cost of doing business that patrons assume is part of the offered price.
However, in a lot of cases, under some common circumstances, it may also be not entirely legal. Specifically, it’s not entirely legal if it isn’t disclosed up front. Under New Mexico’s consumer protection framework, if a restaurant charges full menu prices and then adds a fee to cover normal operating costs without disclosing it, that can be considered:
- A price increase disguised as a fee
- Deceptive pricing
- A hidden surcharge
There are a couple of statutory/regulatory references relevant here:
- NMSA 1978, § 57?12?1 et seq. (Unfair Trade Practices Act – UTPA)
- NMSA 1978, § 57?12?3 — prohibits unfair or deceptive trade practices in the sale of goods or services.
A business violates the UTPA if it:
- Makes a misleading or deceptive representation in connection with a sale
- Fails to disclose a material fact
- Creates a false impression about the total price
- Adds charges that a reasonable consumer would not expect
The statute defines a deceptive practice as one that “may, tends to, or does deceive or mislead any person.”
New Mexico doesn’t have a restaurant-specific surcharge law, so the UTPA is the controlling statute. A mandatory surcharge on the bill that’s not disclosed on the menu or by staff may violate the UTPA by:
- Making a misleading or deceptive representation in connection with a sale
- Failing to disclose a material fact
- Creating a false impression about the total price
- Adding charges that a reasonable consumer would not expect
So what do you do when you run into a situation of this nature? Well, you can refuse to pay the charge and argue the situation right there at the restaurant – and it’s hard to see how a restaurant could force payment if they didn’t disclose the charge up front. But time does not always allow us the luxury of arguing with a manager for an hour. What you can do is deal with it later, through a complaint to the New Mexico Department of Justice. Here’s the link: ECS – Introduction – New Mexico Department of Justice
If you have them, it’s helpful to have a few things to attach:
- A photo or scan of your receipt showing the undisclosed fee
- A description of whether the menu or server disclosed it
- The date, time, and location
- Any communication with staff about the fee
We asked our AI to provide a reasonable example of a narrative for a complaint:
I dined at (restaurant) in (city, state), and was charged a mandatory “Kitchen Appreciation Fee” of 2% that was not disclosed on the menu, by staff, or anywhere prior to payment. This fee was only revealed on the final bill.
Under the New Mexico Unfair Practices Act (NMSA 1978, §57?12?1 et seq.), businesses may not engage in deceptive or misleading trade practices, including failing to disclose material terms of a transaction. An undisclosed surcharge that increases the total price of a meal constitutes a deceptive practice under §57?12?3 because it misleads consumers about the true cost of the service.
I am requesting that the Attorney General’s Office review this practice as a potential violation of the Unfair Practices Act.
Bon appetit!
USPS To Add 8% Fuel Fee To Package Costs
by John Weckerle
The USPS will begin charging an additional 8% fee for packages beginning April 26, 2026 as part of the effort to stabilize the finances of the Post Office. Other changes under consideration include raising the price of a stamp from $0.78 to $1.00; reducing delivery from 6 to 5 days a week; and closing post offices, especially in remote areas. All of these policies disproportionately affect rural, low-income, and Tribal populations.
People who live in remote areas rely on USPS for delivery of important packages – including medications and other necessities. Other services are often unaffordable, unavailable and unreliable in these areas. Small-scale online businesses – and other businesses – in these localities often rely on the post office for shipping products and receiving materials. The 8% fee and potential increase in stamp price will have a greater impact on rural small businesses and individuals than on those in urban areas. Imagine an 8% increase in the cost of both obtaining materials and shipping products and the effects on businesses that rely on USPS can be substantial. Shipping and handling increases for goods (basic supplies, medication, etc.) will raise the cost of those items. Add to that the cost of first class mail – on which USPS has a monopoly – will result in overall costs to rural customers who rely on the mail for correspondence, including such things as paying bills, contacting elected officials, and similar actions. This will hit areas with limited access to broadband internet service especially hard, and affects low-income populations even more so.
The proposal to close post offices leaves rural communities especially at risk. This follows reductions in hours at many rural locations to the point that people who work for a living face a challenge in getting to the post office. Degrading the service further where mail is already slow and alternatives are scarce can introduce higher risk for health, income timing, and civic access in rural and Tribal communities. Also, let’s not forget the loss of wages for postal carriers in areas that need income the most.
USPS has lost money every year since 2007. This is a problem, but it’s not clear that degrading the service and putting remote populations at risk is the answer. It may be time to reconsider the concept of the post office as an “independent agency” and perhaps bring Federal funding back to the table. The “standalone” version of USPS is clearly not working for the American people, especially those in rural, low-income, and Tribal communities. This is going to take Congressional action.
We’ve asked Microsoft Copilot to collect contact information for New Mexico’s Senators and Representatives. I haven’t confirmed all of this information but a representative sample has proven accurate. It is provided below.
New Mexico’s U.S. Senators
Sen. Martin Heinrich (D)
Washington, DC Office
- Address: 709 Hart Senate Office Building, Washington, DC 20510
- Phone: 202?224?5521
- Fax: 202?228?2841
- Online contact form: Available on his website
New Mexico Offices - Albuquerque: 400 Gold Ave SW, Ste 1080 — 505?346?6601
- Farmington: 7450 East Main St, Ste A — 505?325?5030
- Las Cruces: 201 North Church St, Ste 305 — 575?523?6561
- Roswell: 200 East 4th St, Ste 300 — 575?622?7113
- Santa Fe: 123 East Marcy St, Ste 103 — 505?988?6647
Sen. Ben Ray Luján (D)
Washington, DC Office
- Address: 498 Russell Senate Office Building, Washington, DC 20510
- Phone: 202?224?6621
- Online contact form: Available on his website
New Mexico Offices - Albuquerque: 500 Marquette Ave NW, Ste 1460 — 505?337?7023
- Las Cruces: 201 North Church St, Ste 201B — 575?288?4644
- Las Vegas: 1103 National Ave, Room 210 — 505?398?9465
- Portales: 100 South Ave A, Ste 113 — 575?252?6188
- Santa Fe: 120 South Federal Place, Ste 302 — 505?230?7040
?? New Mexico’s U.S. Representatives
Rep. Melanie Stansbury (D) — District 1
Washington, DC Office
- Address: 1421 Longworth House Office Building, Washington, DC 20515
- Phone: 202?225?6316
- Contact form: https://stansbury.house.gov/contact
- Website: https://stansbury.house.gov/
District Office - Albuquerque: 6301 Indian School Rd NE, Ste 420 — 505?346?6781
Rep. Gabe Vasquez (D) — District 2
Washington, DC Office
- Address: 1517 Longworth House Office Building, Washington, DC 20515
- Phone: 202?225?2365
- Contact form: https://vasquez.house.gov/contact
- Website: https://vasquez.house.gov/
District Offices - Albuquerque: 201 Unser Blvd NW, Unit 116 — 505?208?4777
- Carlsbad: 101 N. Halagueno St, Room 213?B
- Las Cruces: 115 W. Griggs Ave — 575?323?6390
Rep. Teresa Leger Fernandez (D) — District 3
Washington, DC Office
- Address: 1510 Longworth House Office Building, Washington, DC 20515
- Phone: 202?225?6190
- Fax: 202?226?1528
- Contact form: https://fernandez.house.gov/contact
- Website: https://fernandez.house.gov/
District Offices - Clovis: 418 Main St — 575?218?5770
- Gallup: 207 West Hill Ave, Office 301A — 505?551?4696
- Las Vegas: 1103 National Ave, Room 101 — 505?570?7558
- Santa Fe: 120 S Federal Pl, Ste 323 — 505?428?4680
Update On A Beloved Correspondent
by John Weckerle
As we contemplate reestablishing New Mexico Central with more frequent posts, we first wish to inform our readers of the passing of a giant.
Senior Pretty Much Everything Correspondent Wilson passed away in June 2024 few weeks after turning 16. Despite having lost his hearing and his right eye, he remained a joyous presence in the lives of his friends, and a calming and fun presence with the other canine Correspondents who knew him. He was especially good with dogs who had socialization issues. He sustained your editor after Senior Editor Lucy’s passing in 2023. Wilson was active up until the day before his death, and ran a quarter of a mile (which he did fairly often) within a week before. While he appeared healthy, with good energy and a healthy appetite, an undetected cancer had spread through his body; we only found out when lab results came in the day he died.
Wilson was a kind and gentle soul who wanted to be friends with everyone he met. He made a lot of people happy, even if just a little bit for a short while. He will be missed, especially by me. I will cherish the time we had together, and he’ll be alive in my heart as long as I live – which I hope will be a good long time.
Waste, Fraud, Abuse, Mismanagement, and Illegality
by John Weckerle
Editor’s note: Research for this post involved the use of AI, specifically Microsoft Copilot in this case. Any text taken directly from the AI responses will be identified as such, presented in italics and enclosed by quotes. Those interested in taking the AI plunge are encouraged to start their queries with “Using only highly credible sources with live links” to minimize the return of “less useful” information. We will likely be referring back to this post in future ones dealing more specifically with the subjects presented here.
There has been a great deal of talk of late on the subject of waste, fraud, abuse, mismanagement, and “illegal behavior.” As is often the case, there are a good number of people tossing these terms around without necessarily knowing – and certainly not correctly presenting – their meanings. These words to not simply mean anything a particular party wants them to, nor should they be incorrectly assigned to situations or actions to which they don’t actually apply. These are very serious subjects, and discussions can become misleading if the meanings of the terms in the relevant context isn’t accurately communicated.
While your editor has of necessity had a firm grasp on these concepts for many years, we decided to pulse our good friend Microsoft Copilot for a summary. Copilot provided the following response based on information taken from the US Governement Accountability Office, which is the US government’s watchdog:
“Waste, fraud, abuse, and mismanagement are terms often used to describe inefficiencies and misconduct in U.S. government operations. Here’s a breakdown:
- Waste: This refers to the careless or thoughtless use of resources, leading to unnecessary expenses. For example, purchasing overpriced equipment or failing to utilize resources effectively can be classified as waste](https://www.gao.gov/products/gao-25-107743).
- Fraud: Fraud involves deliberate deception to secure unlawful or unfair gains. This could include falsifying documents to claim government funds or misrepresenting information to obtain benefits.
- Abuse: Abuse occurs when individuals misuse their authority or position for improper purposes. Examples include using government resources for personal gain or favoring specific contractors inappropriately.
- Mismanagement: Mismanagement refers to poor administration or oversight that jeopardizes an agency’s ability to fulfill its mission. This could involve failing to address known issues, such as outdated systems or inefficient processes](https://www.gao.gov/products/gao-25-107743).
The Government Accountability Office (GAO) regularly identifies areas vulnerable to these issues in its “High-Risk List,” which highlights programs and operations needing significant improvement. Addressing these problems can save billions of dollars and improve government efficiency.“
Again, years of experience leads us to recognize that these are relatively good summaries of the four concepts. To re-emphasize: these terms have specific meanings in the context of government operations.
Now let us turn to the term “illegal.” Again, the AI provided a reasonable summary of the concept.
“The term “illegal” refers to actions, behaviors, or circumstances that are prohibited by law or not authorized under the established legal framework of a jurisdiction. It signifies a violation of rules set by governing authorities, whether at the local, state, national, or international level.
For example:
- Actions like theft or fraud are considered illegal because they break criminal laws.
- Operating a business without a required license may be illegal under administrative or regulatory laws.
The Cornell Legal Information Institute (LII) provides a detailed legal glossary and interpretations of terms like “illegal” as they apply in various legal contexts.“
So, let’s be clear. Nothing is illegal because it’s annoying, doesn’t fit with a particular philosophy, is inconsistent with somebody’s faith, goes against anybody’s agenda(s), seems stupid, or is repulsive. An action is only illegal if it violates a statute, regulation, ordinance, etc. that is in place at the time it is committed. Despite this, the term “illegal” seems to be abused on almost an hourly basis.* This is dishonest and misleading.
Let us be honest in our conversations and use common terminology. The subjects at hand are complicated enough without confusion regarding the use of well-defined terms.
* NM-Central can neither confirm nor refute rumors that a new college drinking game is sweeping the nation, in which participants take a shot of tequila when a certain highly placed individual says “illegal” and a shot of Canadian whiskey when he says “fraud.” Neither can we confirm nor refute that hundreds of people have died of alcohol poisoning playing it.
Is It Time for the President to Close the Border?
by John Weckerle
In case nobody has noticed, concerns have been escalating regarding the influx of migrants from nations to our south. There has been a great deal of discussion around the subject of closing the southern border of the United States as a means of dealing with an upsurge in migrant arrivals there. Multiple sources have debated whether the President has the authority to do so, and under what conditions it should happen.
Here’s a question that should intrigue us all: What happened to the last U.S. President who closed the southern border, and given the results, just how kind will history be in viewing his actions?
History will treat this President with total disregard – because the person of record in fact has no record. He doesn’t exist. No President has ever fully closed the southern border – or, for that matter, the northern one.
It’s not really clear what “closing the border” would actually entail. The shutdown of official border crossings would involve closure of at least 50 recognized border crossings. These are the places where legitimate land transportation associated with commerce between the two nations is focused. In 2019, Moody’s estimated that a quarter of the nation’s produce came from Mexico. In the article The US Exports More to Mexico Than to all EU Countries Combined, the Congressionally chartered Wilson Center estimates that cross-border commerce at the southern border amounts to $1.8 billion per day; that approximately 1.5 million people cross the border each day in both directions; and that 90% of the people who cross the border into the U.S. each morning are American citizens who live in Mexico and work in the U.S. According to the 2018 report Port of Entry: El Paso (texas.gov) by the Texas Comptroller of Public Accounts, “Of Texas’ total international trade, $408 billion, or 55.2 percent, traveled across the state’s border crossings with Mexico, with the El Paso port of entry accounting for 20.1 percent of land port trade, or about $81.9 billion” and that “trade through the El Paso port of entry in 2018 affected about 165,500 net jobs in Texas, and about $25 billion in gross domestic product (GDP) is related to trade through this port of entry.” And that’s just El Paso. The impact of closure on workers – and the businesses for which they work – would be immediate and severe.
Now, the current proposals largely do not involve the cessation of cross-border commerce. Rather, they tend to involve closing the border to migrants applying for asylum or other means of prolonged presence in the U.S. However, these are actually legal paths to entry into the country. It is unclear to what extent “closure” would decrease the rate of illegal crossings. And at the end of the day, at least some of the migrants and other entrants would likely find ways to enter the country anyway – by illicit crossings through ports of entry, unguarded remote portions of the southern border, by sea, or via the northern border.
H.L. Mencken once wrote “For every complex problem there is a solution that is clear, simple, and wrong.” Closing the border is one of those solutions – and yet it is the primary focus of discussion on the subject of migrant issues at the border. We do not have any clear recommendations on solving those problems – we would love to hear from our readers on that – but it seems a waste of time to continue debating a solution that is nonviable and economically damaging.
Updates on the NM-Central Family
By John Weckerle
On October 4, senior correspondent Lucy passed away after a long illness. She had COVID in June of 2022, and was diagnosed three months later with pulmonary fibrosis, which has a known link to COVID in some cases. After being hospitalized 8 times in 3 months, she improved and lived courageously until August of 2023. She was immune-compromised due to medication, and contracted a severe infection. She improved again, but was struck by another infection, which took her life. Your editor will never be the same.
Senior Pretty-Much-Everything Correspondent Wilson remains on the job at nearly fifteen years old. He goes hiking regularly and runs flat-out a quarter mile or so several times a week. Other than a complete loss of hearing, he seems to be doing well.
With a little time on his hands and a whole lot of silliness in the world, your editor may be jumping in to try and shed a little light on this and that. Let’s see how it goes…
Alas, BJ’s – I Knew You, But I Don’t (and Won’t) Any More
by John Weckerle
The denizens of New Mexico Central have had some trying times of late, with one of our denizens experiencing some very serious medical issues. This has resulted to many hospital stays for one of us. During much of this, the others had a few “go-tos” in terms of dinner on the way home from the hospital, and one of them was the BJ’s restaurant at Winrock Center.
We had the very good fortune of no hospital stays for several months, but then one was necessary. We returned to BJ’s with some visiting relatives, as it turns out for the last time.
BJ’s has always had a multi-page, diverse menu with some great choices. Their vegetarian soups, appetizers, bowls, and especially the avocado egg roll alongside their meat and seafood options provided a variety that ensured everyone at the table would have a choice that would suit them. Unfortunately, those days are gone.
When we arrived, we were presented with the dreaded 11 x 17, laminated and folded-in-half menu that has become all too familiar. Gone are the vegetarian soups except for broccoli and cheese. Gone is the only non-meat flatbread, the Margarita Flatbread. Only one bowl remains. The avocado egg rolls are listed, but they were out of them. When I commented to the server that it was rather early to be out of them, he told me something interesting: as he related it, BJ’s only makes the egg rolls every two hours – and if they run out, they wait until the two hours are over and anyone who wants them before then is out of luck (great way to run a kitchen…). The server, who was not thrilled that a couple of his favorite items had been axed, ventured a guess that they had focused on the items that provided the greatest financial return. In all, the menu has been reduced to essentially pub grub.
We were tired and hungry, so we ordered. Two of us ordered the shrimp scampi at $22.45 – decent and plentiful, but the same item at Mario’s Pizzaria and Ristorante is a better value at $19.45, which includes soup or a salad (those are extra at BJ’s). I ordered a California Club Flatbread without bacon for the table, missing the fact that it has chicken on it. It’s listed as such on the menu, and the server assumed I was just avoiding bacon and not meat altogether – a little odd given our conversation about the missing vegetarian options, but in the end I take the blame. BJ’s let me have the blame, and I spent nearly $15 on an appetizer I couldn’t eat. I will say that the flatbread was not nearly as generously topped as that shown on the menu. A good portion of it went uneaten, even with four meat-eaters at the table. The Big Twist Pretzel was essentially flavorless, and most of it ended up in the trash.
Now, there will be those who will defend BJ’s and other restaurants on the grounds of supply chain issues, profitability, the purpose of simplifying the menu to make it easier to produce food, etc. To those people, and the restaurants themselves, I say this: I don’t care. Not one bit. I do not go out to a restaurant for the owners’ benefit. I go out to a restaurant to have an enjoyable experience. These vastly trimmed-down menus that have become all the rage do not, in general provide that experience, and I have voted with my feet many times in the past. When the now-defunct Standard Diner did so, removing several favorites, the denizens of New Mexico Central stopped eating there. When The Range and the Greenside Cafe in Cedar Crest followed this path, our visits went from weekly or biweekly to a very few times a year. When St. Clair Bistro (now D.H. Lescombes) removed key items from the menu, we removed it from our list of regularly visited restaurants. All the restaurants that were housed at the former location of Pete’s on Route 14 North (except for Pete’s itself) lost our business for the same or similar reasons (we haven’t tried Lantern Ridge yet). We’ve picked other, mostly locally owned substitutes (O’Neill’s, Flying Star, and Mario’s among others) who provide the food and service we value – and if they stop doing so, we’ll go searching for replacements again, regardless of how much we like the owners and the people who work there.
Loyalty is a two way street – when restaurant owners put their interests above those of their patrons, their patrons will respond in kind. We regret the loss of a favorite eatery, even as it continues to operate, but when we’re spending money for a dining experience, it needs to be money well spent, and the BJ’s experience no longer meets that criterion.
When We Take One, Maybe We Should Give One
By John Weckerle
There are things in life that are inevitable, or perhaps inexhorable. Time will pass. All things must pass. And some things, if we are fortunate enough to be healthy, must pass more or less on a daily basis. From time to time, each of us must adjourn to what is, for most of us, one of the smallest rooms in the home, assume a posture similar to that seen in Auguste Rodin’s most well-recognized sculptures and, er… “think.”
Now, we may engage in a variety of mental activities in this pose. Daydreaming is likely a favorite for many. Reading comes to mind, though in the modern age we may turn to devices that also allow us to play games, send text messages, or even talk on the phone. But when the deed is done, so to speak, is the time for thinking over? We here at New Mexico Central say not, because there is one last action to be taken before returning to full verticality – and thence the world at large. This last act involves a critical material, and as it turns out this material may well affect the world more than any idea we likely had while in the pose…
We are talking, of course, about toilet paper.
Each year (the most recent publication is from September 2022), the Natural Resources Defense Council (NRDC) issues a report on the sustainability of certain paper products based on their benefits or detriments to the environment. This includes their Issue with Tissue Scorecard, which evaluates a variety of factors (where the material is sourced, whether it uses a bleaching process, etc.). We were extraordinarily disappointed to find that one of our longstanding “weapons of choice,” the Kirkland brand sold by Costco (and some of their other listed household tissue/paper towel products), received a grade of F. Costco often crows about its offering of sustainable products, so it was a bit of a shocker to find that some of their own in-house, home-use paper products may be, at least in the NRDC’s view, one of the worst investments one can make in the health of the planet.
We decided to do a little research to look for alternatives. We’ve begun with the product euphemistically referred to as “bath tissue” (right – try involving that with anything to do with a bath and see where it gets you). Given that cost is a tissue issue for most people, we chose to test the fully recycled 365 by Whole Foods Market brand, which was more or less comparably priced to the Kirkland brand on Amazon. Our initial findings are that the product is comfortable, is not prone to shredding, separates consistently at the perforations, and overall performs very well in its intended function. So, at the end of the – well, you know – we find that there is at least one viable alternative to F-rated products in the toilet paper genre. If our readers find others, we encourage them to comment here and let us all know.
Finding comparably priced facial tissue is a bit more of a challenge, and we’re working on that. Because the denizens of New Mexico Central headquarters don’t use paper towels to the same extent of the other products, we’ll be researching those last. While still fully functional, Senior Environmental Correspondent Wilson doesn’t use any of them and has not thus far contributed to the assessment, but we’ll relay his opinion if he expresses one. We’ll report back as we learn more!
Fire Not On the Mountain – 4/11/22
by John Weckerle
East Mountain residents may well be concerned about the source of the intense smell of smoke permeating the area. We have checked with the Santa Fe County Fire Department in Edgewood. They have received over 50 inquiries today. The smokey smell we are experiencing is from the Big Hole fire near Los Lunas, and weather conditions have been just right to bring us the aroma. According to InciWeb:
The Big Hole Fire is located in the community of Belen in Valencia County. The fire is burning on both sides of the Rio Grande north of River Road and threatening homes according to the Valencia County Fire Department. An unknown number of structures have been reported as lost. Evacuations have been ordered by local law enforcement for Blue Sky Road, Las Chapulinas, and Nighthawk Road. Evacuees should report to the Belen Recreation Center at 305 Eagle Ln. The Big Hole Fire was first reported at about 1:30 p.m. this afternoon. It is currently estimated at 60 acres and 0% contained. Gusting winds, low humidity, and drought conditions are impacting fire activity. Numerous resources are at the scene with more crews on the way. This is an evolving incident and more information will be provided as it becomes available. Individuals sensitive to wildfire smoke should take precautions and use the New Mexico Department of Health 5-3-1 Visibility Method to determine if it’s safe to be outside. Learn more at https://nmtracking.org/environment/air/FireAndSmoke.html.
There is no imminent danger to the East Mountain/Estancia Valley area. For information on wildfires throughout the nation, consult InciWeb.
Happy Easter to (Most of) You!
Editor’s note: A very small percentage of the population will likely find this post offensive.
by John Weckerle
Tomorrow, the denizens of New Mexico Central will be celebrating Easter in the same way we (and most of the nation) do pretty much everything these days – just us, at home. Normally we’d be visiting friends for dinner, or something along that line. We’ll be giving that up, as we have many other things, along with the good people of this nation who care enough about their fellow humans to stay away from them until this pandemic crisis can be managed. To all of you who are doing this: you have our thanks and our wishes for health, happiness, and a whole lot of satisfaction with the hobbies you’re either discovering or rediscovering.
There’s an old saying, however: there’s one in every crowd – and when you apply that to 300-plus million people, that can add up to quite a few. Tomorrow, tens of thousands – if not hundreds of thousand or millions – of covidiots (we thought we had coined this term, but apparently that is not the case) will defy science and the advice of essentially every credible medical professional on the planet and attend mass gatherings – despite the fact that it’s already been shown that such gatherings have resulted in illness and death (here, here, here, and here, for a very few among many examples).
In nearly every interview we’ve read, those engaging in this practice have said more or less the same things, referring to “my religious practice,” “my religious freedom,” “my beliefs,“ “my rights,” and similar sentiments. To quote the Beatles: I, Me, Mine. We find it unfortunate that some people who profess to love their neighbor are willing to endanger their neighbors’ health and lives because they are so selfish and self-centered that they are unwilling to miss one – that’s right, ONE – Easter Sunday service to protect their fellow citizens. And the gigantic irony in all this is that the people who struggle to save these attendees’ lives when they get sick, some of whom will die as a result, will be people who had the sense to stay at home as much as possible and do what they could to serve the community and protect it from harm.
For the most part, however, religious people of all faiths have been responsible and responsive to this crisis, and we are giving a hearty “shout out” to those many, many people who have been innovative, understanding, and willing to make sacrifices in a very important part of their lives to protect all of us. Thank you very much for being the kind, intelligent, and compassionate people you are. We salute you, and wish you the best and, as always, a wonderful holiday. Stay well, stay safe, stay home as much as you can, and we look forward to seeing as many of you as possible when we can.
Editor’s other note: New Mexico Central acknowledges that regardless of the current situation, even those behaving responsibly may have to drive tonight or early tomorrow morning. To those who must do so: please keep a watchful eye for rabbits. One of them may be a bit distracted and not watching the traffic.
Grow Your Own: Time to Get (Seeds) Started!
by John Weckerle
As we all hunker down and practice a little social distancing, most people are probably looking for things to occupy the time we used to occupy with things like dining out, going to school, driving to work (at least those of us who are able to telework), and gathering with friends. Here at New Mexico Central headquarters, we are finding the time for things like home improvement/maintenance, art projects, cooking, and – of course – gardening.
That’s right, gardening – because even if the weather isn’t quite right yet for tilling the soil, there are things that must be done early anyway, and that includes getting seeds started for eventual planting in beds and containers.

Our seed starting setup involves a wire rack and lights. These are LED shop lights purchased at Costco. The lights on the lower rack are standard fluorescent lights. Both seem to work very well for starting seeds.
This year we are focusing heavily on heirloom varieties. We’ll begin with the tomatoes:
- Brandywine (red/yellow blend) – These tend to be large, up to 2 pounds. In prior years, we’ve had them reach 1 1/2 pounds. They are an extremely tasty tomato good for a lot of uses.
- Moneymaker – Medium-sized, sweet, meaty fruits.
- Ace 55 – A bush type, 1950s heirloom and our only determinate variety this year. (“Determinate” means that the plant produces all its fruit in a short period, rather than throughout the season). Typically coming in at 6 to 8 ounces, they are a favorite for canning.
- Gardener’s Delight – A sweet, 1950s German heirloom cherry tomato.
- Principe Borghese – A small, plum tomato, popular in Italy, often used for drying or roasting or in sauces.
Of course, we’re not just doing tomatoes! We’re also starting poblano chiles; California Wonder bell peppers; Early Prolific Straightneck summer squash; and Cocozelle (aka Cocozella di Napoli), a zucchini-like, striped, 1800s Italian heirloom. In-ground, outdoor started crops will include All American parsnip; Sugar Magnolia snap peas (purple); and Carnival Blend carrots (orange, red, purple, white, and yellow). We also have orders in for other goodies:
- Delicata squash (Delicata is a winter squash that has a thin skin that can remain on the fruit when cooked and eaten).
- Redbor Kale (a personal favorite)
- Nero Toscana kale – a “dinosaur” type kale, often used for
- Millenium asparagus – cold-hardy and high-yield, this tolerates soils many asparagus varieties can’t. This is our first experiment with asparagus!
We’ve had so much success growing kale and chard in containers year-round indoors that we may elect to continue that practice to make room for all the other vegetables.
With schools closed, kids at home, and a lot of “together time” available, vegetable gardening is something that provides an opportunity to have fun, see something other than the inside of the house, learn some science (soil chemistry, biology, etc.), and enjoy the benefit of fresh produce. Happy growing, everyone!
Public Urged To Catch Fish in Estancia Park Pond As Water Level Drops
FOR IMMEDIATE RELEASE, Nov. 1, 2017:
SANTA FE – The Department of Game and Fish has issued an emergency salvage order allowing the public to harvest an unlimited amount of fish by any means through Nov. 10 from Estancia Park Pond.
The salvage order was requested by the Town of Estancia as one of the town’s wells that supplies the pond is currently out of service and fish soon may begin dying as the water level drops.
Tackle regulations will be suspended during the salvage period that runs through 11:59 p.m. Nov. 10. The salvage order will allow anglers to use nets or other means to remove fish from the pond.
Anglers ages 12 and older are required to have a state fishing license.
For more information about the state’s fishing regulations, please visit www.wildlife.state.nm.us.
New Mexico Department of Game and Fish
Public contact, Information Center: (888) 248-6866
Media contact: Dan Williams, (505) 476-8004
dan.williams@state.nm.us
Science Is As Science Does
by John Weckerle
Having reviewed the proposed changes to the New Mexico Public Education Department science standards, we join with scientists from numerous organizations and New Mexico’s most influential school districts (among others) in opposing the enactment of these regressive, anti-science revisions to the standards.
We’ll to take just a few lines here (an attempt at humor: no one can ever accuse of us taking “just a few lines”) to at least provide a little information on some topics relevant to this subject and (of course) some links to information that may provide further clarification. First, we’d like to dispense with any argument that ends with the phrase “is just a theory.” Arguments of this nature are misleading (in our opinion, deliberately and dishonestly so, and intended to play on the fact that most people do not recognize that there is a difference between the meaning of “theory” in science as opposed to what it means in common usage). In science, the word “theory” is in no way equivalent to “conjecture.” Theories, in science, are actually well-demonstrated explanations of how things work. We provide examples of some well-expressed explanations of the concept of scientific theory (we suggest “clicking through” to the links to access some interesting information on the subjects):
- From a presentation by Dr. Paul Narguizian at California State University of Los Angeles and the National History Museum of Los Angeles:
- Theory: A well-substantiated explanation/mechanism of some aspect of the natural world that can incorporate facts, laws, inferences, and tested hypotheses (NRC, 1998). Theories explain how the law works (McComas, 2003).
- Scientific theories are explanations that are based on lines of evidence, enable valid predictions, and have been scientifically tested in many ways.
- From Wikipedia
- A scientific theory is an explanation of some aspect of the natural world that can be repeatedly tested, in accordance with the scientific method, by using a predefined protocol of observations and experiments.[1][2]Established scientific theories have withstood rigorous scrutiny and are a comprehensive form of scientific knowledge.
- From Scientific American (This is a really worthwhile article for many of our readers on the topic of misused science terms):
Climate-change deniers and creationists have deployed the word “theory” to cast doubt on climate change and evolution.
“It’s as though it weren’t true because it’s just a theory,” Allain said.
That’s despite the fact that an overwhelming amount of evidence supports both human-caused climate change and Darwin’s theory of evolution.
Part of the problem is that the word “theory” means something very different in lay language than it does in science: A scientific theory is an explanation of some aspect of the natural world that has been substantiated through repeated experiments or testing. But to the average Jane or Joe, a theory is just an idea that lives in someone’s head, rather than an explanation rooted in experiment and testing.
Scientific theories are rigorously demonstrated. It is important to note, however, that while scientific theories may explain laws, and often incorporate laws as part of the associated analysis, they do not, as a rule, eventually “graduate” to the status of scientific laws.
We move on, now, to the subject of skepticism as opposed to contrarianism/denialism. The idea that those who are willing to lend credence to scientifically demonstrated concepts are somehow “thoughtbound” – locked into a dogmatic adherence to some vaguely defined, poorly demonstrated explanation of “how the world works” – is patently ridiculous. Many critics of widely accepted, scientifically supported explanations of topics such as those associated with evolution and climate change are inclined to present themselves as “skeptics,” “free thinkers,” and so on – while providing no technically credible arguments to contravene the concepts to which they state opposition.
We again quote the aforementioned Scientific American article:
When people don’t accept human-caused climate change, the media often describes those individuals as “climate skeptics.” But that may give them too much credit, Michael Mann, a climate scientist at Pennsylvania State University, wrote in an email.
“Simply denying mainstream science based on flimsy, invalid and too-often agenda-driven critiques of science is not skepticism at all. It is contrarianism … or denial,” Mann told LiveScience.
Instead, true skeptics are open to scientific evidence and are willing to evenly assess it.
“All scientists should be skeptics. True skepticism is, as [Carl] Sagan described it, the ‘self-correcting machinery’ of science,” Mann said.
We add this excerpt from a letter on the subject written earlier this year by the American Meteorological Society:
Skepticism that fails to account for evidence is no virtue.
We wish to be clear (and your editor has the scientific background to understand the relevant issues) that we have yet to be presented with any credible, scientifically supported alternatives to the concepts of either evolution or climate change. Both are well-demonstrated by substantial and widely accepted analyses, and while there are – and should be – discussions regarding specific elements of the theories, these do not invalidate them as a whole. So-called “alternative theories” and “other ways of thinking” that lack any vestige of experimental or true empirical demonstration do not rise to the challenge of invalidating them, either. Similarly, the practice of examining elements of complex systems and their components, and working backward to a foregone “logical” conclusion is philosophical at best, but not scientific at all in any case.
Whether these criticisms arise from ignorance; self-interest; greed; an inability to adjust ingrained beliefs in the presence of overwhelming, contravening fact; just-plain, garden-variety intransigence; or other factors is perhaps, itself, a matter for future examination. What we find of special importance to the current discussion is that those who clearly reject scientifically based concepts are becoming more and more influential – and that this influence is now extending into the teaching of science itself. We find ourselves wondering whether out-of-state interests – the American Legislative Exchange Council, the State Policy Network and similar entities – are once again attempting to insert “model” legislation and rule-making into New Mexico’s governmental processes. That these propositions seem always to serve corporate interests, religious positions, or some combination of the two, without any real demonstrable evidence to support their claims and/or criticisms suggests that they represent an essentially worthless, questionable, and potentially very damaging enterprise.
This tide – whether it is fueled by religious fundamentalists seeking to combat perceived science-based threats to their cosmological beliefs, corporate interests seeking to enrich the shareholders just a bit more, or some combination of the two – must be turned. The idea that science, which has taught and brought us so much, should be suborned in its own venue, in our time, to corporate interests and religious fundamentalism is nothing less than alarming. Science education should be about science, and nothing more. Other issues should addressed in other areas of the adacemic curriculum.
Again: New Mexico Central emphatically joins those scientifically credible groups who have objected to the proposed revisions. Given that the proposed standards have been developed quietly and that the New Mexico Public Education Department has declined to disclose the identities of those who contributed to the standards (we are working on a New Mexico Inspection of Public Records Act request to gain insight into the process), we see no reason that any credible scientific or academic organization would do otherwise.
Older, somewhat-related, and local articles New Mexico Central articles include:
- Monkeys On Trial In The Estancia Valley?
- An Article About Articles
- Politics, “Media” Accuracy And Global Climate Change
On Electricity and Communications
By John Weckerle
We join you after a bit of a hiatus (nearly four months) from New Mexico Central Headquarters, which has now been without electricity for something on the order of 29 hours, give or take a few. This has been one of the longest outages in recent memory – we recall one some years ago that made it to about 30 hours – and it is beginning to take its toll on some of the frozen food, at least; there’s only so much ice can do.
We write, though, not so much to lament the loss of foodstuffs as to express deep concern as to how the communications have been handled by our friends at the New Mexico Central Electric Cooperative (NMCEC). We’re seeing a pattern here with respect to getting information out during outages, and we respectfully suggest that there is room for improvement.
Consider this: Several hours after the outage began on Friday, a call to CNMEC led to a recording that 13 transmission-line poles had been blown down by a weather event, and that restoration of power was anticipated sometime Saturday. Another call on Saturday morning brought us to a message that the damage had now reached 18 poles, and that no estimate for restoration was available. And shortly after that, any meaningful channel for obtaining information on the situation simply went dark. We attempted all options on the CNMEC phone system. All went unanswered – even the dispatch line that includes reporting emergencies. That’s right – CNMEC had essentially shut itself off from the world, and had another part of the grid experienced a problem (perhaps in Torrance County, which was essentially unaffected by the situation according to the cooperative’s website), there was no way CNMEC could have received the report.
It was not until 6:40 p.m. Saturday that the following message appeared on the CNMEC site:
We had reports of a Funnel Cloud that hit in the area and with it a roof of a building and it tore down 16 transmission poles. These are 80 feet tall transmission poles with distribution line built under.
Along with the mud and all the debris, it can cause a small army to descend down on the scene to clean up and then put back up the power line.
We apologize for the extended time with out power but our men and women are working tirelessly and some with out time off to get the lights back on.
Estimated time of power to come back in is the evening.
We suggest that this is rather too little information, too late, and as we are now well past “the evening” for most purposes we are beginning to wonder just which evening to which the cooperative was referring. We digress, however, because the main issue here is that CNMEC is missing – and has been missing for some time – the boat in terms of communicating with its members during extended outages.
First, regardless of call-in volume, there should always be some way to report additional outages and emergency conditions. The idea that there is simply nobody picking up the phone – we let it ring several times for five to ten minutes – is entirely unacceptable. There are any number of emergencies that can arise from electrical power or the lack thereof, and the fact that the cooperative was unreachable during this outage is of serious concern.
Second, members should always be able to get reasonably up-to-date information on extended outages so that they may prepare to deal with them. We understand that, while websites based on older technologies may be difficult to update “on the fly,” there are options that allow this – for example, WordPress-based sites (essentially free) or establishing a Facebook page (absolutely free) linked from the CNMEC website that would allow more-or-less real-time updates on outages that members could easily access from cell phones, tablets, etc. even while without power.
We strongly recommend that CNMEC develop a strategy for bringing its communications with its members during outages into the twenty-first century, and do it quickly. It seems absurd that an organization that seeks to sell Internet services to its members would delay in doing otherwise.
Happy About Keystone? Have A Look At What Makes You Happy
by John Weckerle
The recent revival of the Keystone pipeline has been celebrated by a wide variety of people, largely on the bases of the supposed jobs that it would somehow magically create, and the benefits that it would somehow mystically bestow on – well, the good, hard-working people who get those jobs. The claims of job creation have been debated ad-infinitum and, for all intents and purposes, it’s fairly apparent that the jobs in question would be short-term construction jobs associated with installing the pipeline, and a small number of pipeline maintenance positions. Given that the oil transferred from Canada would be processed using existing refinery capacity in the southern U.S., job growth in the U.S. as a result of the pipeline would appear relatively small and relatively short-term. Of course, jobs associated with extraction would be located at the tar sands deposit that would feed the pipeline, and those tar sands are located in Alberta, Canada.
According to this MSN photojournalistic article (and we very strongly suggest that our readers read the article and go through all the stunning images), Canada’s little operation is likely to consume up to 54,000 square miles of pristine wilderness, and the photography in the article gives a very good depiction of what the area will be turned into. For perspective, 54,000 square miles equates roughly to the size of the States of New York and North Carolina. Not only would the scar left behind by this profit-inspired effort be visible from space, it would likely be visible from the moon, Mars, Krypton, and Vulcan.
We will leave our readers the space to consider their support (or the opposite) for this pipeline, but we will say this: the idea of leaving a large-state-sized hole in Nature for the purpose of lining a relatively small number of people’s pockets seems repugnant to us. Congratulations to all those who have supported the Keystone Pipeline – at least now you have had a good look at what you supported.