Woeful Roe

You may think the Supreme Court decision in Roe v. Wade was a watershed moment in women’s rights. You may think it was the beginning of the end. I’m not going to try and change your opinion on abortion: there are very few people who haven’t developed a very firm opinion on abortion. What I am going to try to do is argue that regardless of your views on abortion, legally Roe must change, and explain why that is so.

To do that, we must first understand the history of abortion, and what the status of abortion as a medical procedure was in the United States in 1973, when Roe was decided.

Of course abortion is nothing new. Some of the oldest medical texts and treatments involve abortion. So abortion has been around just a slightly shorter time than pregnancy, to make a point. And during all those eons, almost all major societies either outlawed abortion, limited it to certain hard cases (e.g., prostitutes, rape victims, women too ill to carry a child to term) or severely frowned upon it. Certainly once Christianity entered the scene, all Christian societies outlawed it. Yet it continued in the shadows. Which reminds us there is a difference between what we dislike or criminalize, and what people do.

In 1967, Colorado decriminalized some forms of abortion, and by 1973 sixteen US states had rules permitting abortion under some circumstances. That is when the US Supreme Court heard the legendary Roe v. Wade case, and held that a Texas law criminalizing abortion was wholly unconstitutional. With that broad ruling, the laws in thirty-four other states were singularly swept aside, and with it even some of the restrictions in the sixteen states which had permitted abortion.

In the place of the slowly changing public mores, the Supreme Court presented an absolute personal right to abortion (based on the right to privacy), and balanced this new right against the interests of the States by providing a trimester policy: in effect, earlier in the pregnancy, the pregnant mother should decide, later in the pregnancy, the State could intervene. This ruling seemed congruent with medical science at the time, which admitted the fetus was of course going to be a person, but could not answer definitively when (other than birth) that person-hood began.

The problems with Roe are several. First, it was overly broad, as already noted. The Supreme Court usually tries to limit the extent and effect of its rulings, but here it emphatically extended and amplified them. Second, the profound change Roe envisioned generated a unique resistance that only grew over time. And third, the pseudo-scientific trimester approach (which seemed so logical) was entirely at the mercy of scientific and medical advances, which would greatly undermine it.

Who am I to call Roe “overly broad?” Nobody. How about Ruth Bader Ginsburg; would her opinion matter? Nobody would dream of calling into question her support for a woman’s right to choose. But when asked about Roe v. Wade, she said “Doctrinal limbs too swiftly shaped may prove unstable.” She went on to criticize the ruling–not its outcome, but the way it was decided–as so sweeping as to be vulnerable to being overturned by future courts for the contention it caused. To be clear, she sought a broader, deeper basis for the right to abortion, not its end. But being the insightful jurist she was, she could not fail to point out Roe’s weak reasoning.

Nor can anyone doubt that Roe unintentionally birthed the pro-life movement, which has only grown over time. Despite little or disparaging coverage in national media, pro-life groups organized crisis pregnancy clinics, prayer vigils, fasts, rallies, and the largest annual protest march in Washington, DC. All this happened despite a series of rulings stigmatizing or even criminalizing their behavior. The pro-life movement is the longest, most successful protest movement in the history of the nation.

Both the pro-choice and pro-life movements enjoy citing strong polling data indicating large majorities of Americans support their cause. How can this be? First off, abortion was the test case among pollsters for how to word and stage questions to elicit results. Ask “do you think rape victims should be forced to carry an attacker’s child to term?” or “should anyone be able to have an abortion for any reason even at the very end of a pregnancy?” and you get predictable results. And most Americans don’t understand the nuances of what Roe held, how it has changed over time, and what role the States still play. Public opinion does not provide a solid basis for determining a way forward.

Finally, scientific advances and improved neonatal care led to pictures worth more than a thousand words. Talk all you want about a fetus or a “potential person,” once the pro-life movement could show high-definition images of a thumb-sucking little person (not to mention the gruesome results of rare, late-stage abortions), the other euphemisms fell cold. These images, and the gradual extension of earliest preemie survival undermined Roe’s trimester approach. It is worthwhile here to mention how quietly pro-life the medical community has always been. While a few outspoken activists carry the headlines, the greatest limiting factor to abortion availability has always been the number of doctors and nurses who refuse to employ the procedure; even most hospitals avoid teaching it. While some claim this is because of the perceived threat of pro-life violence, the medical establishment’s resistance goes back to the beginning, long before Roe came into effect. There was little doubt there what the fetus was, and what an abortion represented.

Practice makes perfect for thumb sucking in the womb | The Times
case closed

The combination of Roe’s sweeping effect, its persistent resistance, and the changing scientific and medical environment played out in unforeseen ways. Roe and its companion Doe v. Bolton case added the concept of a pregnant woman’s “mental health” to the list of possible legal justifications for abortion; subsequent cases expanded the list to include financial and “family” interests. That resulted in the US having one of the most permissive abortion regimes in the world. While the laws vary by state, the most liberal states can and have legalized abortion for any reason at any time. I am not saying abortions happen moments before birth; just that Roe and some state laws would permit it. Most of the so-called liberal nations of Europe severely restrict abortion after twelve weeks; only North Korea and China have fewer restrictions than Roe does.

Since much of the initial opposition to Roe came from religious groups, pro-choice organizations counterattacked by claiming that the Constitution required a separation of Church and State. This charge failed in the courts, which require all policies to be adjudicated on their merits, not on who proposes them. After all, many of our laws stem from religious rules (e.g., “Thou shall not kill.”) and it was only a decade before Roe that religious leaders were lionized for their leadership in the civil rights movement. Note that the growth of the pro-life movement in younger generations has happened at the same time society overall–and younger people in particular–has become less religious. It won’t go away.

Finally, and most importantly in my opinion, the pro-life movement tirelessly submitted legals challenges to Roe, constantly pressuring the courts on the obvious logical fallacies, the detrimental effects on the democratic process, and the changing medical environment. Various members of the Supreme Court were loathe to jettison Roe altogether, and their compromises only further weakened Roe’s basis in law. The final straw was the recent Texas law which is currently before the Supreme Court. This law avoids judicial scrutiny by not using the State to enforce its provisions, but rather deputizing anyone (literally) to sue a doctor or clinic (or others, but never the pregnant woman) for supporting or performing an abortion. The threat of unlimited civil fines of $10k USD has had a truly chilling effect on abortion rates in Texas.

Despite being pro-life, I don’t support the Texas law, and I hope the court invalidates it. This law if replicated could choke the judicial system with similar case involving gun owners, voting rights, and a host of other policies. But the exercise demonstrates how far the pro-life movement is willing to go.

Most likely, the Supreme Court will invalidate the Texas statute. But it will also hear a case in December from Mississippi (Dobbs v. Jackson Women’s Health Organization) which directly calls for overturning Roe. I believe the Court will do so, to send the matter back to the States and end the federalization engendered by Roe’s privacy right. Some states have trigger laws, either banning abortion or re-instituting Roe. The nation has lived with different laws in different states for drinking, driving, gun-owning, voting, age-of-consent, marriage and divorce, and many other life-and-death matters. Abortion access will become one more.

Ending Roe will not end abortion, either legally or in fact. What it would do is take a hot-button issue off the national stage and send it to the states for local decision. After almost fifty years of increasingly tortured legal rulings, ridiculous charges and counter-charges (on both sides), and entrenched partisanship, that’s good enough.

Unintended Consequences

Anybody who knows me for long knows I’m fascinated by history, and I collect interesting (to me) stories to illustrate the many lessons we can learn from it. And few aspects of history are more entertaining (to me) and enlightening (to us all) than those dealing with unintended consequences. You know, the situations where a leader or a group or even a nation does something and ends up–eventually–with an outcome entirely at odds with what they intended.

On one hand, these historical tales describe a rich vein of irony: not the watered down understanding of irony in vogue among post-modern intellectuals, nor the whiny version Alanis sang about (Ray-ay-ain on your wedding day is unfortunate, but hardly ironic). Irony involves the unexpected, which means when you have no reasonable expectation (such as the weather for a wedding day you chose), you can’t have irony. The best example of ironic humor I ever saw was a simple cartoon showing a man hitting a hammer against a glass vase; the hammer shatters, and the vase stands untouched. That’s ironic. And maybe that black fly just likes your Chardonnay!

Catchy song teaches illiteracy . . . maybe that’s ironic?

So here goes with some unintended consequences; enjoy:

  1. “The Sins of the Father.”

George H.W. Bush, hereafter Bush ’41, was faced with a post Cold War conundrum. The US was the lone superpower, but what did that mean? When Saddam Hussein occupied Kuwait in a completely opportunistic and aggressive move; he had his answer. Bush ’41 developed a global response, led by the US, to evict Saddam from Kuwait. Why? The US had long guaranteed the House of Saud that it would protect the monarchy as long as the oil flowed. And if Saddam could just seize Kuwait, there was little stopping him from doing the same to Saudi Arabia. We had built complete air bases out in the Saudi desert, even though they had little air power. The bases were financed by the Saudis and built/maintained to US standards, for our use should we ever need to project power in the region. Thus the US did not need to station troops in Saudi Arabia, which would have been offensive to devout Muslims.

So the grand Coalition marshaled its forces in Saudi Arabia and then expelled Saddam Hussein from Kuwait. Except there was no agreement about actually deposing Saddam, so they left him in power. Which meant he was a continuing threat. Which meant we needed to keep some “tripwire” forces in Saudi Arabia. A little-known cleric named Osama bin Laden had been preaching, to little effect, that the Saudi Monarchy was corrupt and in league with the infidel West. He predicted that the Saudis would allow “crusaders” into the Muslim holy lands, and when it happened, he moved from lunatic to prophet. And the seeds of Al Qaeda and 9/11 were sown.

Bush ’41 was looking to create a better world where aggression was punished by collective action. He forgot the simmering tensions that underlay all foreign relationships, and thought our good intentions would be recognized by all. Rather, he inadvertently laid the groundwork for a terrible challenge his son would someday face.

2. “Democracy is the theory that the common people know what they want, and deserve to get it good and hard.” H. L. Mencken.

In the early Twentieth Century, the Progressive movement was quite influential in federal, state, and local politics in the United States. Progressives were impressed with recent, dramatic improvements in science and technology and believed that these advances heralded an age when reason and science would rule between individuals and among peoples. One of their core concepts was the importance of direct democracy and the belief that the people could be relied on to do the right thing, if only given the opportunity to do so (i.e., vote). Partially this was a naive belief in the ‘wisdom of crowds’ but mostly it was a reaction to the various cabals, conglomerates, and oligarchs which proliferated at the same time. These “special interests” had seized control of several layers of government and the Progressives were their sworn enemies.

Progressives in California eventually got control of the state government and enacted several provisions which supported greater democracy: one was the creation of Propositions, whereby the people could vote directly on a policy which the government would then have to accept and enforce. The other was Recall elections, where the people could sponsor a vote to remove an office holder and replace him/her immediately. Both of these provisions were designed to limit the power of tiny groups of influential people by providing a means for larger groups to override them.

Things didn’t quite turn out that way. The Proposition concept did require a simple democratic majority, but it proved to be a blunt instrument that allowed ill-conceived, general concepts to be “approved” by the voters who probably didn’t fully understand the implications. It eventually ended up with the infamous Proposition 13 in 1978, which created a series of prohibitions on raising taxes or appraisals that have hamstrung California leaders to this day. Whatever one thinks about whether taxes are too high or too low, California’s proposition system proved a poor approach.

Oh, and the recall option? Progressives set the signature bar low for initiating a recall, and thus have cost one Democrat his Governorship and forced the current incumbent into an expensive defense, which had it failed, would have inaugurated a conservative Republican who managed only twelve percent of the vote! Power to the People, indeed.

3. Upsetting a delicate balance

Those who had a basic civics and government course can quickly describe the various “check and balances” built into the government of the United States by the Founders. There are the struggles between the three branches of the federal government, the powers reserved under the Constitution to the States and the People, Judicial Review, and the anti-majoritarian aspects of that same Constitution. These balances are constantly under stress. For example, as the US moved from a developing nation to a global superpower, the federal government naturally accrued much more sway. But sometimes the balance is voluntarily upset.

The Founders designed the House of Representatives to be representative of the people: directly- and more frequently-elected, more passionate and more partisan. For the Senate, the Founders intended a more deliberate body, selected by State Legislatures and therefor representing their (i.e., the States’) interests. But in the early years of the Republic, the federal Senate was less powerful (even a backwater), and some States either didn’t bother to send Senators, or didn’t send their best.

During that Progressive era at the beginning of the Twentieth Century, William Randolph Hearst, a fan of direct elections, sponsored a fictional novel, “The Treason of the Senate,” which detailed the failings of various Senators and State legislatures, fueling the fire for change. The result was the 17th Amendment to the Constitution, which took the Senate away from the States and made it directly-elected, like the House. And as we all know, since that time, the Senate has never had any members who would be considered dishonorable in any way.

*EDIT: a sharp-eyed friend pointed out Agnew was only President of the Senate (as Vice President of the United States), so he merits inclusion as disreputable, but not as a Senator!

More to the point, since that time, no entity represents the view of the States in the federal process, which has led to further “federalizing” of State functions, and greater stress on the delicate balance that is the American form of government.

4. A prophet is not without honor except . . .

On June 8th, 1978, Harvard University held its annual commencement exercises, discharging another set of high-achieving alumni into careers as leaders of the nation. As is its custom, Harvard had bagged the most influential commencement speaker: former Soviet political prisoner, Nobel prize-winning author, and famously private dissident Aleksandr Solzhenitsyn.

No doubt the Harvard administrators expected an important address, not the usual platitudes about ‘changing the world’ or ‘finding yourself.’ Perhaps the soon-to-be graduates expected a paean to the West, which had helped rescue the Russian dissident just as the Cold War was reaching its peak. What they got was “A World Split Apart,” a jeremiad worthy of the original Old Testament prophet.

Solzhenitsyn, characterizing his criticism as coming from a friend, not an adversary, attacked the West from start to finish. He said Western society was morally bankrupt and weak. Youth were selfish and complacent and materialist. The press was corrupt, interested in influencing the public rather than informing them. He asked what moral force the West could provide in the larger battle against the evil that was Communism, and he saw none.

The crowd at Harvard was rapt as the speaker–in Russian–and his translator–in English–continued. A few times they cheered, more often they vocally hissed. Afterward, the major media attacked the messenger, not the message, calling him “bitter,” “unappreciative”, with James Reston at the New York Times saying the speech represented “the wanderings of a mind split apart.”

Solzhenitsyn never apologized and never withdrew his criticism. After the fall of the Communist regime in Russia, he returned there, dying in 2008. His speech, which merits your attention, is amazingly prescient, accurately describing how trends evident in the West in the 1970’s resulted in many of the problems which bedevil us today. The speech is widely considered one of the greatest of the Twentieth Century, alongside Churchill’s “Blood, Tears, Toil & Sweat” and Martin Luther King’s “I have a Dream.”

Needless to say, Harvard got more (and different) than they bargained for.

5. Packing, Cracking and Majority-Minority districts

The Voting Rights Act of 1965 was a landmark piece of legislation that, among other things, attempted to redress decades of voting rights violations committed against many minority groups. One of the things the Act specifically prohibited was the drawing of voting districts in a way to reduce the influence of minority voters. This is a type of gerrymandering (drawing voting districts to create an artificial vote result) called cracking: you divide a concentrated minority group (say for example, blacks in a city) among several voting districts that also include larger numbers of suburban whites, making it difficult for a black candidate to win. The end result is few if any successful black candidates.

But as anyone who is mathematically and geographically literate can tell you, if you draw a district to create a majority of minority voters (hence the term majority-minority district), you greatly reduce the number of minority voters in all the surrounding districts (because you’re dealing with small numbers–a minority–in the first place)! This is another form of gerrymandering called packing, which nearly guarantees a successful black candidate in one district, but also also greatly increases the chances of all the other white candidates’ success.

Currently there are approximately one hundred majority-minority districts in the US House of Representatives, representing about one quarter of the four hundred and thirty-five seats. These seats are overwhelmingly occupied by minority representatives, strongly indicating that the Voting Rights Act of 1965 worked. But, and there is always a but, over time voters have increasingly sorted themselves politically (like-minded voters choosing to live where they think other like-minded voters live).

Gerrymandering to disadvantage voters by party — or political gerrymandering — may be distasteful, but it is constitutional according to the US Supreme Court (Gill v. Whitford). But what if a racial group (i.e., African-Americans) overwhelmingly identifies with a single party (i.e., Democrats)? Then gerrymandering those voters might be a violation of the Voting Rights Act. So these majority-minority districts become protected (in theory) during redistricting. Which means if certain seats can not be changed (or changed much), all the other seats become subject to even worse gerrymandering.

So the law which seeks to protect minority representatives actually also places many more Democratic candidates at risk of being re-districted into noncompetitive campaigns.

6. Saddam Hussein and the Iraqi Weapons that Weren’t

From the moment he took power in 1979, Saddam Hussein was on a mission toward self-aggrandizement and Iraqi domination of the Middle East. He constructed a security service that strangled Iraq’s many ethnic minorities, built up military forces, and sought weapons of mass destruction (WMD, especially nuclear and chemical). By 1981, Israel deemed the threat of Iraq’s nuclear program sufficient to justify a risky long-range aerial bombing and destruction of Iraq’s Osirak nuclear reactor. During the Iran-Iraq war in 1988, Saddam gassed the (Iraqi) Kurdish village of Halabja, killing thousands of his own citizens. He repeatedly demonstrated the capability and will to use such weapons.

US and Coalition military forces were prepared for Saddam to use such weapons during the first Gulf War in 1991, but he didn’t, fearing the reprisals. After the war, UN sanctions forced him to destroy his WMD munitions and infrastructure. Saddam complied, but continued to conduct suspicious actions which led the UN and various intelligence agencies to believe he retained a covert stockpile and program. Why else would he deny certain inspection areas, or make sudden movements of equipment and people to avoid inspections, if not to hide a residual capability? In the end, Secretary Colin Powell laid out the circumstantial case about Saddam’s programs before the UN, and Bush ’43 proceeded to occupy Iraq, capture Saddam, but never found any WMD!

During debriefings by the FBI after his capture, Saddam explained that he knew Iraq had the technical know-how and scientific capability to rebuild its WMD program. But he didn’t do so, so as to avoid giving the West an excuse to remove him from power. However, the West (and especially the US) was a more distant threat; Saddam firmly believed WMD and his demonstrated willingness to use them were all that was deterring the Iranians–and to some extent the Israelis–from attacking him. So he took a calculated gamble: act suspicious enough to make Israel and Iran stay back, but not so suspicious that the US would get involved.

This approach worked for decades. By the year 2000, human rights organizations were calling for the removal of sanctions on Iraq for humanitarian reasons (fake child mortality data provided by Saddam), Russia was actively working around the sanctions, and even France was signalling the sanctions had to go. But the 9/11 attacks had heightened US sensitivity about vulnerability to terrorist use of WMD. Combined with the Bush administration’s belief Saddam was a problem which would only get worse, his WMD bluff proved in the end to be his undoing.

Hope you enjoyed this small foray into the world of unintended consequences; if not, maybe I just committed another myself!

The End of (Dog) Days

Is there anything harder than putting down your dog? Don’t answer, I don’t want to know.

Judy & I have put down three Vizslas in our married life. It’s an odd euphemism. Some say “put to sleep,” others “put down” and of course there’s the old “sent to the farm.” But in the end, it means the same thing.

Our first two (consecutive) Vizslas each lasted to ten years old, which is pretty good for a large dog breed that has been inbred for generations. Both developed cancer, and showed signs of physical decay and pain that made our choice somewhat easier. The decline was sudden–weeks not months–and obvious. The veterinarian told us we could wait a little longer, but the likely outcome was painful internal bleeding leading to sudden collapse: hardly an option to choose. Still, it wasn’t easy, and I (actually the whole family) cried like a baby.

Dogs will do that to you. Both Judy and I had grown up with dogs as family pets. Yes, they cost a lot. Yes, they take up time. Yes, they’re inconvenient when travelling or with visitors. But then again, so are families. And dogs are a chance to teach your kids about responsibility, about growing up and growing old and dying. And in between, they give unconditional love. Kids need that; sometimes parents have to be the provider of tough love, but that dog is always there, wagging a tale, just happy to see you.

The best dogs don’t think they’re dogs any more. They think they’re slightly smaller, oddly-shaped humans. They want to be with you, they need to be with you, they’re only happy when they are with you. When our kids were grown and off to college, we rescued two Vizslas at once. Even though we understood the breed, the balance of two Vizslas and two humans turned us into a pack rather than a family, with negative behavioral consequences for all concerned. We quite literally found a farm for one of our Vizslas, and things returned to normal.

Tucker in earlier, better times

Tucker was our fourth, and almost certainly our last, Vizsla. We rescued him around the same time we committed to retiring to Mexico. He was “four or so” according to the breed Rescue Society, but we had just turned down a five year old since the pain of putting down a dog at ten was fresh in our minds. Suddenly a “four year old” became available. Hmmmm, something suspicious about that, what?

Tucker was a three-time loser, a dog who had been turned over to rescue at least three previous times, and this was his last chance. We had to say yes. We knew that his most recent owners had been in the midst of a divorce, and there had been an incident of domestic violence (the wife attacking the husband, who was the pet’s favorite, we were told). This would show up again once we rescued him: if Judy started walking quickly toward me, he would move between us, a trait which foreshadowed a sad end.

The Tucker we knew was a sweet dog, very smart, but also very stubborn. He learned several words (outside, w-a-l-k, treat) and many commands (sit, stay, and even “hurry-up” to poop, believe it or not), yet he practiced being deaf at times, too. He was afraid of smoke, even steam, and fire engine sirens. The chirping of the smoke alarm, signalling the need for new batteries, was an existential terror for him. He was only social with humans. When we took him to the dog park, he ignored the other dogs and introduced himself to all the owners. The few times he played with the other dogs, he would show-off by outrunning or out-cornering the other breeds, but then turn the pack on some smaller dog like a schoolyard bully.

After much work, we eventually trained him to ignore other dogs, which was fine with him. I noticed how he watched me go running on the weekends, so one time I decided to take him with. He fell into a heel position and ran at my pace for three miles! Either someone had trained him well, or he was natural born runner’s companion.

He started to “go white” almost immediately, confirming our suspicion he was older than we were told, but he was healthy and well-adjusted. We joked about him joining us in moving to Mexico, which was still five years out when we rescued him. Obviously he took us seriously, because those years flew by and at ten, he was till healthy and active and cancer-free. So we loaded him up in a tiny space in the back of our SUV and drove him south of the border.

Expat life was as kind to dogs as human retirees, and he remained healthy. Over the course of five years here, he lost some hearing, although he feigned losing even more. His depth perception and visual acuity declined, leading to some hysterical encounters with Mexican squirrels, including even stepping on one. He took longer and more frequent naps. He became more sensitive to those loud noises he could here, especially cohetes, which required mild sedation at times. But he was still active and alert. I think he got a kick when people asked how old was my puppy and I told them “fifteen years!”

In the past year, he stated displaying some confusion. He was prone to barking attacks where something set him off–he was clearly agitated, not startled– but could not be easily calmed. He started charging at Judy more often, sometimes just when we were talking. Finally, he took a small bite at her, (Strike One) and we knew trouble was brewing.

The drama of selling our house, buying a new one, moving, and having renovations only added to his confusion and agitation. When the grandkids were visiting, we left Tucker home one day, and when we returned, he ran out the door, jumped in the rented mini-van, and would not leave it. I went out and reached for him, thinking he was having trouble navigating getting out of the vehicle: no, he went off and tried to bite my hands. I backed away, so he leapt out of the vehicle and bit my leg (Strike Two). Then he stopped and looked at me with a “what was that all about?” look.

Two nights ago, Judy walked toward me and Tucker dashed across the room and nipped at her. I shouted and kicked at him (never reach for an angry dog), but he bit her a second time and clamped down. I smacked and kicked at him, and he let go, but she had a tremendous bruise on her thigh from the attack. Strike Three; you’re out.

He laid down in his dog bed, clearly upset, but whether that was remorse or shock, who knows? For us, the die was cast; you can’t keep a dog which might go full-scale beserk at any moment. In some sense, putting Tucker down was more difficult, since when he was normal, he was completely normal. In another sense, it was easier, as we had a sense of relief at not waiting for the next attack.

I still cried.

Buying & Selling Homes in Mexico: The Good, the Bad, and the Ugly

Three very important things to remember up front:

First, stop me if you’ve heard this before, but Mexican law–like the Pirate Code–is more what you’d call guidelines than actual rules. Most people know that criminal proceedings in Mexico are, shall we say, challenging; the civil code even moreso. Whereas North of the Border (NOB) the threat to sue someone can be serious, down here it’s an invitation to an endless parade of hearings and charges and counter-charges and oh, nevermind. The lack of a recourse to legal remedies is something you have to understand before owning property here.

Second, real estate is a growing business, but not a profession in Mexico. There is a realtor association (AMPI) pursuing professional standards of conduct. But there are no federal laws, and only some Mexican states have licensing requirements (ours, Jalisco, does not). So anybody can hang up a shingle and be your agent. Because it is not capital intensive and with little barrier to entry, we have met chefs and restaurateurs and waiters and retired expats and doctors and cabbies and others who are real estate agents.

Third, always remember that things in Mexico happen in three speeds: slow, slower, and slowest. Buying and selling property in Mexico means engaging notarios (who review and effectively “approve”the transaction), banks, real estate firms, home owners associations, utilities, maids, and gardeners, all for the purpose of establishing (1) you are who you say you are, (2) you own what you think you own, and (3) no one else has any claim on said property. All this in a land where cash is king, records are spotty, and the pirate code applies! Add in international money transfers and Mexican holidays and things will be all set mañana.

I just watched a Director’s cut of Sergio Leone’s “The Good, the Bad, and the Ugly” so that’s the theme from here on out:

Amazon.com: The Good The Bad And The Ugly Clint Eastwood 1966 Photo Print  (28 x 22): Posters & Prints
The Good, . . .

In the end, we sold our house for a fair price and bought the house we wanted for another fair price. Given that we started out by falling in love with the new house (a REALLY, REALLY bad idea), this is what it is all about. Of course, that’s like saying eating at a restaurant is all about consuming edible food containing sufficient calories at a decent price. True, but there’s the menu variety, the service, the presentation and so forth. When we’re talking about the largest financial transaction most people ever make, you want to say more than “phew, glad we survived that!” The other good thing was that the buyers of our home and the seller of our new home were pleasant people; it is always a pleasure dealing with reasonable people! But that leads us to:

THE GOOD BAD AND & UGLY LEE VAN CLEEF ANGEL EYES SPAGHETTI WESTERN PHOTO  POSTER | eBay
The Bad, . . .

Many of the things under “The Bad” are structural. Without the possibility of a mortgage, we had to move money around in order to have it ready and waiting for the purchase. Getting no debt statements from the power (CFE), phone (TelMex), and water (Simapa) utilities was pretty easy. But some of these you pay in advance, and others in arrears, so that’s complicating. Then we needed to have our maid and gardener sign statements saying they had no claims on the property, and we needed a copy of their identification cards. As well as statements from the home owners association and the club and our receipt for annual property taxes paid.

At least we didn’t face two other potential “bad” aspects: currency conversion and title problems. The former happens if the other party in the transaction is a local national, since the actual transaction is completed in pesos at the moment of closing. If both parties agree to pricing in dollars, this peso conversion is irrelevant. If the deal is actually completed in pesos (per the Pirate Code), then one side has to convert them back to dollars, which could mean a substantial gain or loss depending on the currency markets (because you’re dealing with large sums, even a small change can mean big money).

The latter (titles) is a big potential problem here, as there are federal land use laws that could block one’s claim to ownership! As I understand it, the notario is responsible for authenticating the documents in the closing sale, but if the title is authentic but invalid, sorry, you lose. Buying property in an established development lessens the risk, as the title issues have probably been worked out, but it pays to do the research yourself. And finally:

GOOD BAD UGLY TUCO TAKES BLONDIE TO THE DESERT | Mapio.net
and The Ugly

These go back to my restaurant analogy: mostly things annoying or head-scratchingly dumb. The waiter spills water on you. Gets the drink order wrong. The appetizer comes with the main course. Your wine glass is dirty. You get the picture: not earth-shattering, but would you eat there again? Not if it’s a high end restaurant.

We had a long list here. An agent asked us to donate the beds in our new house to the cleaning team because “they fell in love with them.” Clauses we wanted in agreements failed to appear, not due to negotiation, they just weren’t there. Other terms–like a rent-back agreement–were similarly misplaced. Names misspelled, documents and data requested but already provided. A counter-offer that failed to mention the original terms, which thus became a “new” offer. An agent telling a client “if you decide not to go through with (buying and) moving here, I want you to promise me now that you will simply re-list the house for sale with me.” A threat to limit access to our new house before closing. A buyer’s agent who blithely commented “if anything minor comes up, I’m sure they (the sellers, us) will take care of it.” All of which just reinforces the point that real estate is a relatively unregulated market in Mexico, so you might encounter some pretty odd behaviors. We were pleased with our agent, but one must be diligent in selecting one.

All’s well that ends well, as Shakespeare penned! Here’s the money shot:

Yes, that’s our terraza!

Everything You Know is Wrong (IX): The Spanish Inquisition

Ever heard of the Spanish Inquisition? I thought you’d be surprised! You know, how it demonstrated the horror of imposing one’s religious beliefs on others, not to mention the danger inherent in believing one knows exactly what God intends, which can lead to all manner of extremism. It’s a popular view, almost a trope, partly based on that well-established English bias about history that North Americans imbibe, and partly based on, well:

The Good News (pun intended) is that the Catholic Church, being the world’s longest-running, most successful bureaucracy (among other things) has excellent data on the Spanish Inquisition. Not only that, the data are reliable, because the inquisidores really believed they were doing God’s work (however bizarre that may seem to modern sensibilities), and lying about their work would have undermined the “good” they thought they were doing. And the Vatican released the data in the late 1990s.

If you asked an average person what they knew about the Spanish Inquisition, the key points would boil down to: (1) many innocent people were tortured to confess, (2 ) they were burned at the stake, (3) all to force people to accept the Catholic faith. So let’s get past Monty Python’s “comfy pillow” sketch and look at the facts!

How many people died at the hands of the Spanish Inquisition? None. Well, that’s a quibble. See the Office of the Holy Inquisition had no authority to execute anyone; only a King did. So the Inquisition passed off the condemned to the King’s executioners. Setting aside the quibble, early estimates ranged upward of millions of victims killed. But there are those pesky records, and modern historians have pored over them and determined the total to be at most 5,000 people (during the period 1478-1834, about 350 years), or a little more than one a month. There were periods of more and fewer executions, and long periods with none, as no trials were held. Hardly an enormity in the true sense of the word, or even a blip in the mortality statistics of the day!

Why the quibble about the role of the King in all this? It may be hard to understand in modern-day terms, but back then the government and religion were one-and-the-same: it was called Christendom for a reason. Denying the true faith demanded penitence, but refusing to admit the sin was a challenge to the sovereign, who was after all God’s chosen leader (the Divine Right of Kings), and thus was a capital offense. That’s what cost the accused their life. There was a continuing disagreement between Spanish royalty and Rome, with the former seeking harsh punishment (for the challenge to the throne) and the latter granting mercy as long as those charged repented at any point.

What about torture? Yes, the Inquisition practiced torture. They literally wrote books about it: when to do it, for how long, under what circumstances, etc. These tracts would be very familiar to anyone who read the Department of Justice memos regarding “enhanced interrogation techniques” under the Bush administration. Where do you think “waterboarding” came from originally? Here’s the rub: all countries, and all legal systems, allowed torture at that time. The Roman legal system practiced it, and bequeathed it everywhere Romans went. Islam developed its own version. Charging the Inquisition with torture is “like handing out speeding tickets at the Indy 500.”

Napalm - Imgflip
actually Kurtz said it

For the Inquisition, torture could only be employed after guilt was established, to elicit a full confession and further information about co-conspirators, heretics, etc. (again, sound familiar?). There were limits on how long, what types, how painful, the need for a doctor present; it’s eerie reading. And none of these rules applied in the regular government legal system. There, torture was practiced freely without restraints and often used early in the investigation to get a confession and complete the case. How bad was “justice” at the time? The records show criminal or civil defendants requesting to be transferred to the Inquisition for trial! So guilty as charged on torture, with a huge asterisk as that was nothing unusual at the time.

What about forcing others to become Catholic? See, here’s the problem with that odd charge: anyone could avoid the Inquisition by simply stating they were not Catholic. The Inquisition had no authority over Jews, Muslims, or pagans. The Church had long accepted the notion that one could not be forced to accept a different religion; thus the Inquisition was adopted to weed out heretics and false believers. Spain was in the process of the Reconquista, the expulsion of the remaining Muslim forces on the Iberian peninsula. As Catholic Spanish forces gradually occupied the lands, they had the problem of ruling these lands. Their solution was to allow freedom of religion, but to place limits on land ownership, positions of authority, and to impose heavy taxes, thus encouraging–but not mandating–conversion. Incidentally, these were the same rules Islamic leaders developed when they ruled Al Andalus, rules which some historians called even-handed and far-sighted!

Some Muslims and Jews became conversos, but a very small number only did so for the financial and political advantages it held. These false conversions became a target for the Inquisition, often based on secret tips from faithful Muslims and Jews who were annoyed by the success of their one-time fellow adherents. Add in ethnic rivalries, the ability of the Crown and local leaders to profit from seized property, and petty jealousies and you get a deadly mix of accusations. One redeeming quality: the inquisidores were intrepid detectives, and most charges brought to court were dropped. One set of records shows about one percent of the 125,000 heresy cases brought to trial under the Spanish Inquisition resulted in executions.

What about the procedures involved with the Spanish Inquisition? The Inquisition was all about process: there were hundreds of pages of rules and policies and procedures, all of which were lacking in European justice systems at the time. That is why many ordinary people and local leaders welcomed the Inquisition. All throughout the process there were opportunities for those charged to confess and seek forgiveness through some act of penitence. The arrival of an inquisidor started a thirty day Grace Period (literally) where anyone could simply admit guilt, be given a penance, and be forgiven. Then began a period of accusations and investigation, a trial and verdict, then sentencing or release. The final act was the auto da fé, which has come to mean “burning at the stake” in English, but actually means act of faith. This was a religious ceremony–including a mass and a procession–where the inquisidor and local prelates related the results of the trial to a public. At the end of the process, the accused, having been given another opportunity to repent publicly, was handed over to the civil authorities for punishment.

Why is there such a dark cloud of misinformation hovering over the Spanish Inquisition? Partially it is so foreign to our ideals today, but mostly it is a hangover from the “Black Legend.” In the 16th century, Spain was the wealthiest, most powerful Catholic nation in the emergent struggle over the Protestant Reformation. Thus it was the target of propaganda, the most effective of which was a campaign known as the “Black Legend” which depicted Spain in the harshest terms as a land full of violence, corruption, sexual excess and worse: sort of like California today (I kid, I kid). Many of the stories involved the Spanish Inquisition, and England was the chief source (in its ongoing rivalry with Spain). And those legends got past along with English history.

None of which is to say the Spanish Inquisition was good. Saint Pope John Paul II apologized for the violence it enacted. Moreover, while heresy was a continuous problem in those days, the threat posed by conversos was greatly exaggerated and never merited an inquisition, as demonstrated by the numbers of trials, exonerations, and executions.

George Santayana said “those who do not remember the past are condemned to repeat it.” I would add that those who don’t know the truth about history are condemned to repeating falsehoods.

Money . . . Get Back!

A challenge for expats anywhere is how to access your funds. This is especially true in most of Mexico, where credit cards may not be accepted or come with a handy processing fee (the same fee usually paid by the vendor elsewhere) tacked on. Luckily for expats, Mexico does have many cajeros automaticos, or as you know them: ATMs.

Expats become accustomed to knowing (and sharing) advice about banks and their ATM machines: for example, which ones have both ingles and espanol options, which banks charge what as a transaction fee, what the various per day and per transaction limits are, which machines “swallow” your card whole versus holding it where you can retrieve it manually (important where power might suddenly fail).

Lately, expats have had to master the bank-managed “service fee” scam called dynamic currency conversion. This is where the bank machine “offers” you to convert your peso request to dollars at the point of conversion (how helpful) but gives you an incredibly poor exchange rate. The trick is the “offer” seems to be like the transactions fee, in that it says you can accept or decline, but most people assume that if they decline they won’t be able to get their pesos (like the transaction fee, which if you decline, the machine ends your transaction). Untrue! If you decline, you still receive your pesos, but the bank or financial institution you use at home does the conversion, usually at a much better rate. This service has been a standard rip-off among restaurants and retailers in Europe for years, but it has recently migrated to ATMs worldwide: avoid it! I would note that if your domestic bank has a really bad reputation for its currency conversion rates, you might be better off using the ATM conversion rate. But you probably would be best off changing banks!

Some expats go the extra step by getting a Mexican bank account and credit cards, allowing them to transfer money from their previous home to here. Mexican banks are, shall we say, picky. Sometimes just opening an account can involve some of that famous Mexican bureaucracy, such as “no, that’s a color copy, we don’t accept it” or “(today) we’re not opening accounts for gringos.” Oh, and writing checks? Every item must be letter perfect, including your full name and day/month/year (not month/day/year) and the spelled-out sum in español, por favor. Oh, and most importantly, such accounts are not federally insured, so there is always the possibility your money could just disappear.

Not all of this is Mexican banks’ fault: Americans should know that the US government applies its own rules to foreign banks, making them responsible for various reporting requirements! Some banks and brokerages–even American ones–now shun American expat accounts as not worth the trouble. If you’re an American expat, you must report foreign financial accounts if (1) you have signature authority on the account and (2) if the aggregate value of all your foreign accounts exceeds $10,000 USD at any time during the year (there are exceptions). The important document to file is called a Report of Foreign Bank and Financial Accounts (FBAR) on FinCEN Form 114. It is only a report: it is not used to check whether you owe taxes, which of course you must pay on any income received via these accounts. And don’t try to get cute by intentionally hedging just below the $10,000 USD limit; one recent court case found such activity to also be against the law! You can see why some American expats never bother with foreign accounts.

What about the need for larger sums that would never be available via ATM, like to buy a car, furniture, or a down payment on a house? There are a growing number of options. Our American bank allows us to do a direct wire transfer to foreign recipients for around $50 USD ($25 for any wire transfer, an additional $25 for international recipients). If the transfer is not going to a financial institution–for example to a private individual–the bank sends us several warnings letting us know it can’t verify the recipient and it is not responsible once the money goes out, which just means we have to make sure we have the account info correct on our end.

We’ve also used Xoom (pronounced the same way as the videoconferencing service), a division of PayPal which facilitates international financial transfers. We’ve used Xoom to pay for some services like home repair or contracting. Most often we have not been charged a transaction fee, and the exchange rates have generally been good. There is a transaction fee if you’re using a credit card, not a bank account as the source. It takes a little time (and info) to add a new recipient, but once “in the system” the transactions are immediate (hours, not days). One extra (and very nice) feature is Xoom allows you to request confirmations (text or otherwise) for both the sender and recipient, so you get a running series of money sent/received notices. Also, if the transfer fails for any reason, Xoom will notify you of that, too. I know there are other international transfer services with similar features, but Xoom is one for which we can personally vouch.

Some brokerage accounts (like Charles Schwab) also allow international transfers without extra charges, so that is another way to have money secure in one place but still be able to move it where you need it. There are exceptions, so make sure you read the fine print!

Finally, a related issue with financial transfers (of any sort) could be the need for notarization. I knew of expat friends who were forced to fly back to the States to get notarization of financial documents. We recently had a similar situation, and discovered online notaries who could meet all our requirements for about $30 USD and ten minutes of online consultation!

Some expats get all wrapped up in exchange rates and trying to game when they transfer larger sums to gain an advantage. Sometimes this is because they are on a budget and a few pesos matter; sometimes it’s just the thrill of getting a deal. In any event, there are myriad ways to move money internationally these days, and more coming along every day. While having money is a key factor in being an expat, getting your money shouldn’t be.

A Family Visit

There are few joys more profound for an expat than when family comes to visit. Especially when family is skeptical about the whole “why are Gramps & Meemo living in Mexico?” story. So my dear wife and I were very excited when our younger daughter, her husband, and their young son and daughter decided to join us on our return trip from a family visit to South Bend!

They came for a solid week, and of course, we had the first full week of rain I can remember in four years. We got a lot of ribbing about “unlimited sunshine” and where was it? However, when reminded that back home in the Mid-Atlantic it was ninety degrees and ninety percent humidity at nine o’clock in the morning, they admitted it was still better here.

We went to the pool & the club and hit several local favorite restaurants. What was surprising to these first-time visitors to real Mexico? Not much. They were a little surprised by how inexpensive things were, especially booze and food. They noted the prevalence of barbed wire and broken glass on the tops of the walls, and the amount of roadside trash and shrines, all sad things we had to explain. Pick-up truck loads of standing laborers, families on scooters, and people riding horses while talking on cell phones brought surprised smiles.

Our intrepid miners

We took a day trip to the Guadalajara Zoo, which I highly recommend. It has a variety of passes for different sets of exhibits, is nicely laid out with abundant shade, and the animals seem well-cared for. We also used the services of Mex-ECO tours for a private visit with friends to the town of Magdalena, near Tequila, for a afternoon of opal mining. Kids, hardhats, and pick-axes: what could go wrong? I asked about dynamite, but none was available. We did find a few opal and quartz stones suitable for polishing and great as keepsakes of the day. We also spent a fine Sunday visiting Juan Diego and his wife Laura at the goat farm (Galo de Allende) near Mezcala, where the grand-kids got to milk a goat and mix with the herd.

Goat-milking 101

The kids and grand-kids got to experience that overnight tropical deluge along with prodigious thunder and lightning, eat from a molcajete, and try the Mexican versions of their favorite American cereals (“not quite right” was their considered opinion). After a week (the approved limit for all family visits), we took them to Soriana for the ritual covid tests and they flew back to the States.

We missed the opportunity to get fresh chicharrónes, go horse-back riding, attend lucha libre, or see downtown Guadalajara, but they did get to see our new home (more on that later). Most importantly, everybody stayed healthy & unhurt and had a good time. They’ll be back, although it may be difficult to pry them loose when they move to Vicenza, Italy, later this year. Guess we’ll just have to pay them a return visit first (the things we do for our grand-kids)!

The Guadalajara zoo backs up on the Barranca de Oblatos, the amazing canyon you see when flying into the area.

Moving on (up)

When we first mentioned our intention to retire to Mexico some nine years ago, we faced a variety of reactions. Family thought we were joking, or crazy, or both. Friends were astounded, and couldn’t understand. A few of my work associates (who were familiar with Mexico–so to speak) congratulated us on an excellent choice, but most told me I was too young to retire. Some told me to hedge my bets, since I would undoubtedly be back soon, having “missed the game.”

Despite the concern and astonishment, we bought the house in Mexico, and (literally) counted down the days during those last five work years, waiting to retire early. We sold nearly everything, loaded up the FJ with the family dog, and set out for the retired expat life. Four years later, we have no regrets. Expat retirement has been a wonderful experience, and even the pandemic has only reinforced our belief we made the right choice.

But change happens, as they say. You get older if not wiser. Things once new become commonplace. So we decided to put the house up for sale and move again. Now don’t panic: no, we’re not returning to the States. We just finally decided to get another place here in Ajijic, but this time a house with a view. And what a view!

The home selling and buying process in expat land is quite familiar. First, there are numerous real estate agencies here that specialize in expats, often staffed with former NOB real estate agents. Many homes are priced in dollars, although the final sale must be made in Mexican Pesos, so there is the possibility of an exchange rate issue, but that is understood going in. One complication is that Mexico has a capital gains tax on properties, which could result in a large tax bill if your house really appreciated or if these is a major change in the dollar-peso exchange rate. However, Mexico also has an exemption for primary residences (you can claim it once every three years).

You select an agency, sign a listing contract, have showings and put up a “For Sale” sign. Many people don’t stage their properties, but some do. You make an offer, there is some negotiation and counters, and you go “under contract.” You agree on a settlement date, the lawyers (abogados) do their thing and make sure the property is free of liens, not in ejido land (indigenous lands can’t be transferred), nor is it in the federally-protected coastal lands (a legal hangover from way-back-when the government thought the US might invade again, now resolved through a long-duration fideicomiso or bank trust), and –presto–you sell/buy a house.

What’s different? Many expats move down here for life, furnishing their homes after arriving, so it is not uncommon to find properties for sale fully furnished (and by that I mean fully, like silverware and linens and tchotchkes!) You’ll find people buying homes sight unseen, from far away NOB, based on a local friend or agent. Some people put homes up for sale, over-priced, then leave them on the market forever. The cost of maintaining a property here is minimal, so there is little incentive (if you don’t need the cash to buy another property) to do a fire-sale price reduction. Mexico doesn’t have a mortgage system, so you bring cash to the table. Our agent told us on more than one occasion he had faced someone walking in to the settlement office with a suitcase full of pesos. It’s possible to arrange private (i.e., personal) financing but the interest rate runs north of ten percent with a guaranteed year’s interest.

We just started thinking seriously about a new place, mountainside with a lake view, a few weeks back. Then we stumbled on just the right place, which greatly accelerated our efforts. We are midway through the process, having put our home on the market and having recorded a contract to buy the new house. Now we are “on the clock” to sell or arrange financing to complete the purchase. Somewhere in there we need to arrange the settlements, schedule some movers, and do the local move. Oh, and we’re visiting the family & friends in the States twice in the next few months!

If all goes to plan, what changes? We’re going from a small gated community (seventy homes) to an even smaller gated community (thirty homes). We’re moving from the west end of Ajijic and practically on the lake to the centro, but right up against the mountains. Losing a walk to the lakeshore, gaining a million-dollar view and las brisas (breezes). Trading the sounds of the countryside (cohetes and roosters) for those of the village (cohetes and gas trucks), although an out-of-the-way part of the village. We’ll be part way up the mountain and just steps away from the Tepalo trailhead.

Friends always characterize our current, single-storey, two-thousand square foot home as “cozy” and that it is: from the central courtyard you can reach any room in under ten steps. The new place is, well, a little different. It’s six-thousand square feet on three levels (with an elevator), each level the same size as our current home. Judy and I joke that we’re buying the new house just for the main level, and the guest level and garage level are bonus spaces.

Here’s the sales video for our current home:

I’ll update the blog on the move, the closing(s), and especially the new house as things progress!

A Mexican Driver’s License Test

Having recently prepared for this test, even though I was never asked to take it when renewing my licensia, I decided to make a helpful practice test so you can play along at home. Make sure to keep track of whether you guessed the legal or real answers. Enjoy!

This sign indicates:

  1. Don’t go there
  2. Don’t even think of going there
  3. 🎵 Don’t stop, believing 🎵
  4. Don’t stop

The legal answer, and the real answer, is (4).

If you see this sign, you should:

  1. Drive no more than 110 miles per hour
  2. Drive no more than 68 miles per hour
  3. Wonder what the difference between kilometers and miles is
  4. Ignore it like everybody else on the road.

The legal answer is (2), the real answer is (4), but let’s face it, you’ll probably do (3).

You stop to let a pedestrian cross the road; he does this toward you. It means:

  1. “¡Muchas Gracias!”
  2. “Talk to the mano, gringo.”
  3. “What’s the modal finger?”
  4. “If I only had my gun!”

There is no legal answer, but the real answer is (1).

The car in front of you has its left turn signal on. It means:

  1. The driver will turn left
  2. The driver is indicating it is clear for you to pass on the left
  3. The driver is a gringo who turned his signal on in 2019
  4. The car only has one working light bulb

Both (1) and (2) are legally correct, but (3) and (4) are also real. Best to ignore the blinking left signal in all cases!

In Mexico, this is:

  1. Likely to occur on any highway
  2. Why you don’t drive at night
  3. Not going to happen where the sign says
  4. All the above

You already know it’s (4).

You come upon this sign. It indicates:

  1. You are approaching a roundabout
  2. You can’t get there from here
  3. We are all part of the circle of life
  4. You do you.

The legal answer is (1), but all answers are equally real.

If the first image means “right turn” and the second image means “left turn,” the third image means:

  1. 🎵All my friends know the low rider 🎵
  2. Slowing down or stopping
  3. Left turn but my arm got tired
  4. Look, I can drive with one hand

Legally, (2), but quien sabe?

If you see this sign, you should:

  1. Slow down because there are topes ahead
  2. Slow down because once upon a time there were topes ahead
  3. Slow down because the road has a ditch in it
  4. Slow down for the topless beach

The legal answer is (1), but for God’s sake, just slow down!

This sign indicates:

  1. You are now entering El Paso
  2. Yield
  3. You’re not in Kansas anymore
  4. You took a wrong turn in Albuquerque

(2) is the legal answer; (3) & (4) may also be real.

What does this symbol indicate?

  1. No hat zone
  2. Sombrero only zone
  3. Inspection site ahead
  4. Can you say mordita? Sure, I knew you could.

The legal answer is (3). ‘Nuff said.

In Mexico, this is:

  1. Exemplary helmet-wearing
  2. HOV-4 compliant
  3. Cheaper than a minivan
  4. Everyday, everywhere

Who knows, legally? All four are real!

If you see this view in Mexico, you should:

  1. Look for the hidden tope
  2. Have gassed up earlier
  3. Watch out for cows disguised as tumbleweeds
  4. Check for the motorbike about to pass you on the right

Only (3) is wrong. Mexican cows don’t bother with camouflage.

The cross street you are approaching is ______; you should ______:

  1. One way to the right; turn right only
  2. One way to the right; turn right if that is where you want to go
  3. real; stop and ask for directions
  4. whatever; do you

The legal answer is (1). (2) is a real answer. (4) is always correct. (3) is a trick: you never, never, NEVER ask directions in Mexico. Mexicans want to be helpful. They will offer directions even if (1) they don’t understand you, (2) they don’t know where you want to go, or (3) they don’t know where the destination is.

This shows:

  1. Room for more riders
  2. Mexico invented ride-sharing
  3. Sear belts are theoretically required
  4. Nothing to see here

Probably (2), and long before smart phones!

How did you do? If you tried to keep score, you have already failed! In Mexico, scores are arbitrary and you have missed the point. If you guessed (most of) the real answers, consider yourself ready to drive here.

“Licenses? We ain’t got no licenses. We don’t need no stinkin’ licenses!”

Passing a final test

As we’ve now lived here more than four years (how time flies under a facemask!), Judy and I have experienced most of the peculiarities of expat life in Mexico. And by peculiarities, I mean those little distractions, annoyances, or absurdities that make you go “what the . . . ” before shrugging your shoulders and finishing the thought with “solo en México” (only in Mexico).

There was the driver’s test–on computer–wherein it didn’t matter how we answered, we still passed. The time that we got a red light at customs and got to unpack our entire luggage, one item at a time, and explain what it is and why we have it, which of course coincided with my wife importing a year’s supply of make-up. The time the government refused to reimburse the temporary importation visa for my US car, and wanted me to prove I still had the car in the US, when it had never entered Mexico.

As you may have noticed, these events all involve government bureaucracy. Now, we have had many good stories to tell about visas approved, licenses renewed, taxes paid. But those stories are boring; the fun ones involve the trouble. So many went smoothly, some went poorly . . . and then there was SIMAPA.

SIMAPA stands for the Sistema Municipal de Agua Potable y Alcantarillado (de Chapala), that is the municipal water and sanitation authority. And in my opinion, they are the gold medalist in the bureaucratic olympiad. Before I explain why, it is fair to note that water has a history in Mexico, and that history plays a part. Being an arid country, water has always been a scarce resource. Those who had access to water often used it to control the poor, to seek advantage over rivals, or simply to lord it over those without access.

So as Mexico went through its various wars of independence and revolution, access to water came to be seen by the people as a fundamental right: and so it is, in the Mexican constitution. It is so fundamental that access to water cannot be totally shut off even if the recipient does not pay for it. Water bills are sometimes paid collectively by a home-owners association, and talk to any HOA board and you’ll find stories of owners who haven’t paid water dues for years. You can reduce the flow to some small amount, but you can’t shut it off; and that goes for the government, as well.

Likewise for sewage. If you’re hooked into municipal sewer lines, there’s an initial fee for accessing, and a yearly fee. But here’s the rub: there’s no way to shut the sewage flow off. So again, non-payment is a problem.

Our condominio (roughly, our development) has its own well, so we don’t use SIMAPA for fresh water. But we are hooked up to the municipal sewer lines. Our house was built in 2012, and round about late 2019 our condominio received notice from SIMAPA that, “hey, y’all are hooked up to the sewer lines, but you haven’t paid anything, so please do so.” My wife dutifully took a copy of the e-mail down to the local SIMAPA office, where she explained (in Spanish) that we needed to pay. The ladies working there looked at the e-mail (in English), looked at our address, then explained we didn’t have an account, so we could not pay. At that, they went back to their busy desks. One might assume a municipal authority would be interested in receiving seven years of back payments; one would be wrong (in Mexico).

Time passed and the quarantine hit, and since our sewage kept flowing away, we sort of forgot all about it. Finally we talked with a neighbor who reminded us we were supposed to go to the SIMAPA office and ask to “start an account.” The magic words (in Spanish) were not “pay a bill” but “start an account” and we needed a copy of our identification papers and a copy of our deed. We collected the pesos (in cash, naturally) and all the documents and copies and went back to SIMAPA.

Round Two began as a replay of Round One. We said we needed to start an account, but the SIMAPA ladies checked their online records and assured us we didn’t have an account. Yes, we knew that, but we produced our documentation and they threw up their hands and called the supervisor, who spoke English–up to that point, we had engaged in Spanish. The supervisor reviewed our deed copy and explained it was not an official copy, so we would have to return with an official copy in order to start an account. One might assume a municipal authority would be more interested in collecting now nine years of back payments, and was there really a problem in Mexico with people showing up to fraudulently pay OTHER PEOPLE’S DELINQUENT SEWAGE BILLS? One would be mistaken.

Weeks later, we collected an official deed copy, the pesos, copies of every bill and identification we could muster, extra copies of all these, and went back to SIMAPA for Round Three. We entered the office and cheerfully greeted the SIMAPA ladies; Judy even complimented one woman on her embroidered blouse (smiles all around). We explained that we did not have an account, but we needed to start one and pay our arrears. The SIMAPA ladies quickly checked online and confirmed we did not have an account (*sigh*–an unsettling déjà vu descended on us).

The supervisor reviewed our official deed, then used it just to provide our address to the woman at the keyboard. She began the (apparently) laborious process of opening a new account. Now everybody should have an account, but one felt like this was the first time an account had ever been opened. There was discussion about how to enter the address, how to print the bill, and even (no kidding) how much to charge us. The supervisor even asked us if we had an e-mail from the condominio stating what the charges were for this year! Wasn’t SIMAPA the ones who determined the charges, I thought? I told him “no” initially, but Judy checked her account and did find it.

They proceeded to develop a receipt, but I could see the supervisor and the lady on the keyboard were a little concerned by the size of the bill. It was, after all, for many years, and I am sure they have had some surly customers come in and go ballistic over a large bill. I told them they had approximated the bill for us once before, so we were ready for it, which seemed to alleviate their concerns. I even joked that we only wanted to pay our bill, not purchase all of SIMAPA (I got a little smile for that Dad-joke).

Finally, we paid the bill, got signed originals of the account statement, and went on our way, safe in the knowledge we were no longer sewage outlaws.

Solo en México.