Ark Park will sue over employment discrimination

Posted 31 January 2015 by

Wave 3, which appears to be Channel 3 in Louisville, Kentucky, reported yesterday that the Ark Park indeed plans to sue the state over tax incentives that were denied last month. Wave 3 reports,

Lawyers say this encounter is about to make an appearance in court and it's all over tax incentives. The lawyer for the Ark Encounter says it will sue the state in federal court to try to regain the rebates it believes the state should give it for building the biblical attraction.

The link is approximately a transcript of the Wave 3 television broadcast, but the broadcast itself is worth watching – the television reporters got a tour of the construction site, and it looks like they are actually building the model Ark. A nice slideshow, Constructing the Ark Park, is also linked to the Wave 3 Web page. The lawyer for the Ark Park, Mike Johnson, made an interesting statement:

They had to move over a million cubic tons, I think it was, of dirt.

If that is true, then the ton must be a unit of length, or else they are building the model in a 9-dimensional space. Maybe that is how Noah snuck so many creatures onto the Ark: he dropped them off into some of the extra dimensions. Works as well as any explanation promulgated by AIG. I hope that Mr. Johnson is as good a lawyer as he is an engineer.

88 Comments

Rikki_Tikki_Taalik · 31 January 2015

Omg..lol.. Ya gotta love it. On the right hand side of the article they have that artists rendering of the ark that AIG has been using since forever on any article they have concerning Noah. You know, the one with the eight story high mobile wooden crane that Noah and the boys ran back and forth on wooden tracks as described in the bible? The caption reads ...
An artist rendering of the Ark Encounter in a later phase of construction. (Source: Janelle MacDonald, WAVE 3 News)
Hilarious.

eric · 31 January 2015

A ton of dirt (unless you dry it) is, IIRC, about the same density of water, so it's about a cubic meter. The 'footprint' of the ark would only be about 120x30=3,600 meters square. They can't be building that deep a whole, so I'm guessing the million tons refers to the standard big-construction practice of flattening everything in the entire area and then rebuilding any landscaping you actually want.

Doc Bill · 31 January 2015

I totally cracked up when he said "millions of cubic tons."

Cubic tons.

That good old boy is just letting words fall out of his pie hole.

However, all that aside, could this "good old boy" be sly as a fox and planning to use the Hobby Lobby defense that Ark Encounter, a for-profit company, can suffer religious discrimination because it wants to religiously discriminate in its hiring practice by requiring applicants to sign a "statement of faith."

I must say, this gives me a headache.

phhht · 31 January 2015

Doc Bill said: I totally cracked up when he said "millions of cubic tons."
That's what, about a million square liters?

Mike Elzinga · 31 January 2015

Did anyone else notice in that slide show of the construction that there is a picture of Noah keeping records with a pencil or pen?

JimboK · 31 January 2015

Someone in the WAVE3 article's comments posted this link: http://www.severian.org/severian/ark1-wide_sm.jpg.

[:-)]

callahanpb · 31 January 2015

Mike Elzinga said: Did anyone else notice in that slide show of the construction that there is a picture of Noah keeping records with a pencil or pen?
Back when David MacMillan was posting regularly, he explained (plausibly) that part of the YEC worldview assumed that the pre-flood world was a kind of technological golden age ("steampunk Babylon" as he put it). It reminded me of Atlantis legends, and also struck me as a significant observation, because it really does explain how different their assumptions are. So you might look at some kind of writing stylus and think it's a lazy anachronism (and I don't rule that out either) but it may in fact be consistent with other parts of YEC thinking.

Owosso Harpist · 31 January 2015

callahanpb said:
Mike Elzinga said: Did anyone else notice in that slide show of the construction that there is a picture of Noah keeping records with a pencil or pen?
Back when David MacMillan was posting regularly, he explained (plausibly) that part of the YEC worldview assumed that the pre-flood world was a kind of technological golden age ("steampunk Babylon" as he put it). It reminded me of Atlantis legends, and also struck me as a significant observation, because it really does explain how different their assumptions are. So you might look at some kind of writing stylus and think it's a lazy anachronism (and I don't rule that out either) but it may in fact be consistent with other parts of YEC thinking.
Actually I see this so-called pre-Flood world as creationists borrowing science fiction to promote science fiction-- their own science fiction falsely paraded as truth.

TomS · 1 February 2015

Mike Elzinga said: Did anyone else notice in that slide show of the construction that there is a picture of Noah keeping records with a pencil or pen?
I noticed that they showed some of the floor plans of their version of the Ark. What struck me what was the small space allotted for the animals. Even a pre-teen should recognize that there would not be room for all of the well known large vertebrates, even to take the "kinds" as taxonomic families.

DS · 1 February 2015

So let me get this straight. A religious organization that thinks that everyone who doesn't believe the way that they do is going to hell, is suing a government based on the premise that all men are created equal, so that they can get a special exemption from their responsibility to support that government, in order to try to con people into believing the fairy tales that they spout, which have absolutely no basis in either fact or rational thought. In order to so this, they have constructed a monstrosity that, more than anything else absolutely proves, beyond a shadow of a doubt, that the fairy tale they so desperately want you to believe, couldn't possibly have happened. And in order to build this monument to ignorance, they refuse to employ anyone who doesn't already believe the fairy tale. They also want to hire only true believers to show people the monstrosity, even though they have already told the government that they intend to make money on the deal. But they are still unwilling to pay the government that allows them the freedom to express their irrational views, even though they couldn't construct the monstrosity without government help, because even the true believers don't believe in the project enough to actually come up with the money to pay for it themselves. And of course, the only people they will be able to con into paying them money to come and see the antithesis of rationality, are the people who already believe, since they obviously aren't going to convince anyone else that the impossible and irrational magic flood actually happened. Got it.

burllamb · 1 February 2015

The Ark Park suing the state is a kind of asymmetrical warfare.

No doubt, they have a lawyer on retainer. It costs them almost nothing to sue. Too bad the state can't reply in kind, by suing for monetary damages for its citizens who were denied employment and discriminated against by the religious bigotry of Ken Ham.

TomS · 1 February 2015

DS said: So let me get this straight. A religious organization that thinks that everyone who doesn't believe the way that they do is going to hell, is suing a government based on the premise that all men are created equal, so that they can get a special exemption from their responsibility to support that government, in order to try to con people into believing the fairy tales that they spout, which have absolutely no basis in either fact or rational thought. In order to so this, they have constructed a monstrosity that, more than anything else absolutely proves, beyond a shadow of a doubt, that the fairy tale they so desperately want you to believe, couldn't possibly have happened. And in order to build this monument to ignorance, they refuse to employ anyone who doesn't already believe the fairy tale. They also want to hire only true believers to show people the monstrosity, even though they have already told the government that they intend to make money on the deal. But they are still unwilling to pay the government that allows them the freedom to express their irrational views, even though they couldn't construct the monstrosity without government help, because even the true believers don't believe in the project enough to actually come up with the money to pay for it themselves. And of course, the only people they will be able to con into paying them money to come and see the antithesis of rationality, are the people who already believe, since they obviously aren't going to convince anyone else that the impossible and irrational magic flood actually happened. Got it.
You forgot one detail. This is supposed to celebrate a massive disaster to humanity and nature, something which overshadows all of the wars and plagues of the twentieth century. This ought to be rated XXX.

DS · 1 February 2015

TomS said: You forgot one detail. This is supposed to celebrate a massive disaster to humanity and nature, something which overshadows all of the wars and plagues of the twentieth century. This ought to be rated XXX.
Good point. Even if they do manage to somehow convince someone that the magic flood really happened and is not just some perverted fantasy, all they will have shown is that their god is a small, petty, impotent fool who is definitely limited in both imagination and ability. And after all that death and destruction, it still didn't work. Humanity was still trapped in sin, so their god had to rape a virgin and allow his son to be temporarily killed in order to make up for some chick eating an apple! XXX indeed.

DS · 1 February 2015

burllamb said: The Ark Park suing the state is a kind of asymmetrical warfare. No doubt, they have a lawyer on retainer. It costs them almost nothing to sue. Too bad the state can't reply in kind, by suing for monetary damages for its citizens who were denied employment and discriminated against by the religious bigotry of Ken Ham.
Perhaps they could be sued for breach of contract or something. DIdn't they promise that they wouldn't discriminate in hiring before they were given the tax breaks? Shouldn't they already be in jail for breaking the law and their promise. It's time to stop treating these people as if they had something other than greed and deception on their minds. It's time to start treating them like the lying, cheating, stealing perverts that they are. Why let them prey on decent society with impunity? Why give them special treatment when all they do is treat the rest of the world with contempt? It's time to cut the imbicilical cord and let them float away on the sea of their own crapulence.

Mike Elzinga · 1 February 2015

One of the biggest problems mucking this all up is that this is Kentucky; a state in which a candidate running against Mitch McConnell doesn't dare say whom she voted for in the last Presidential elections and can't admit that the Kentucky health care plan was part of the Affordable Care Act. A state in which fundamentalism exists under protection of government officials and receives promises and benefits without the scrutiny of legal experts familiar with Constitutional Law. A state that has a hodge-podge of mutually conflicting and ambiguous laws that both favor particular sectarian views and appear to follow the Constitution.

What government official is going to admit that he (very likely a male) finagled deals for people like Ham? Why didn't anybody follow through on the changes Ham made to his organizations in building his shell game to conceal where the money was really going?

Note that all this became public knowledge after groups outside of Kentucky started scrutinizing this deal, started reporting what they were seeing, and then notified the public officials involved. Nobody officially representing the State of Kentucky appears to have initiated any systematic oversight of this deal from its very beginning.

It appears that a few of the Kentucky news organizations are noticing and reporting only after outside groups noticed what was going on.

Ham came from Australia and chose Kentucky as his base of operations for reasons only a sectarian con artist would recognize instantly.

anthrosciguy · 1 February 2015

phhht said:
Doc Bill said: I totally cracked up when he said "millions of cubic tons."
That's what, about a million square liters?
It'd take a guy without a slide rule a dozen light-years to figure that out.

callahanpb · 1 February 2015

I agree that "cubic ton" doesn't make much sense in terms of dimensional analysis, but apparently it has been used as a unit of volume:

"The cubic ton is a measure of volume (compare fluid ounce). It is no longer used in the United Kingdom but seems to be still in use in the United States."
http://en.wikipedia.org/wiki/Cubic_ton

It also doesn't have a standard definition.

DS · 1 February 2015

anthrosciguy said:
phhht said:
Doc Bill said: I totally cracked up when he said "millions of cubic tons."
That's what, about a million square liters?
It'd take a guy without a slide rule a dozen light-years to figure that out.
No way man. Everybody knows that it takes at least a light year in order to remove a cubic ton of dirt.

stevaroni · 1 February 2015

Mike Elzinga said: One of the biggest problems mucking this all up is that this is Kentucky; a state in which a candidate running against Mitch McConnell doesn't dare say whom she voted for in the last Presidential elections and can't admit that the Kentucky health care plan was part of the Affordable Care Act.
I, for one, am glad it's turned into a giant political mess. Before Job-Posting-Gate this was a done deal. Ken was going to get his grant from the state to build his boat in the middle of the woods, and nobody was really going to notice except for some fundamentalist groups who would think it was a Good thing(tm) The governor and a lot of local politicians were totally OK with giving Ark Park state money. Maybe they sincerely believed it would be job engine in a slow area. Maybe it aligns with their faith. For absolute certain they’re totally happy to kiss a little ass with the 55% of voters who think it’s OK to spend public money to praise Jesus. But... the thing is, those politicians want to keep that ass-kissing pretty quiet, lest they arouse the notice of the other 45% of voters - those who are not all that thrilled to have their tax dollars funding religion. Kentucky is a red state, but this is a pretty gray issue. Religious or not, nobody wants to see their tax dollars squandered. Ad this isn't a question that plays well in political talking points like “10 Commandmants - good or bad?” this is a question of “should our state - which doesn't have a whole lot to spare - give some Australian guy tens of millions of dollars so he can build a religious theme park in the middle of a corn field?” And if this gets to a real lawsuit, it's going to be an ugly, public fight. Kentuckians may like their Jesus-praising, but the Kentucky constitution is absolutely unambiguous about funding religious organizations...

Kentucky (1891) Constitution: Section 5: Right of religious freedom. No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority shall, in any case whatever, control or interfere with the rights of conscience.

That means that plenty of organizations are going to have both standing to sue and a case that can't be easily dismissed. It's going to be a public mess and it's going to be the kind of public mess that politicians hate, because they'll have to go on record with a position and the constituencies overlap and there's too many ways to screw up.
Ham came from Australia and chose Kentucky as his base of operations for reasons only a sectarian con artist would recognize instantly.
Considering what a consummate con-man Mr. Ham is, I'm endlessly amazed he's chosen to pick a fight with the very people whose benevolence he absolutely needs to get this money. I am neither a politician nor a religious charlatan, but even I know that biting the hand that feeds you is stupid and if he had just taken down the offending job posting instead of going all adverserial six months ago this would have all quietly disappeared by now.

Matt Young · 1 February 2015

"The cubic ton is a measure of volume (compare fluid ounce). It is no longer used in the United Kingdom but seems to be still in use in the United States."

That is really bizarre, and my apologies to Mr. Johnson if he truly knew it. Not that I imagine that a cubic ton is defined for dirt. I can see how the term fluid ounce was derived -- the volume of an ounce of water. But cubic ton? Makes no sense. Oh well, as John Ciardi said, approximately, language behaves the way it does because it does.

stevaroni · 1 February 2015

Matt Young said: I can see how the term fluid ounce was derived -- the volume of an ounce of water. But cubic ton? Makes no sense. Oh well, as John Ciardi said, approximately, language behaves the way it does because it does.
The volume of a ton of dirt* in the shape of a cube maybe? There's all kinds of weird ways to specify measurements in the world. IIRC shotgun "gauge" is determined by the weight of a lead ball the size of the bore specified in fractions of a pound. * Ummm.. I suppose there's such a thing as what conditions constitute "standard dirt" specified somewhere.

W. H. Heydt · 1 February 2015

There are some other--but real--peculiar measurements. One of my favorites is the "displacement ton", which is (or used to be) defined as 35 cubic feet of sea water.

harold · 1 February 2015

Mike Elzinga said: One of the biggest problems mucking this all up is that this is Kentucky; a state in which a candidate running against Mitch McConnell doesn't dare say whom she voted for in the last Presidential elections and can't admit that the Kentucky health care plan was part of the Affordable Care Act. A state in which fundamentalism exists under protection of government officials and receives promises and benefits without the scrutiny of legal experts familiar with Constitutional Law. A state that has a hodge-podge of mutually conflicting and ambiguous laws that both favor particular sectarian views and appear to follow the Constitution. What government official is going to admit that he (very likely a male) finagled deals for people like Ham? Why didn't anybody follow through on the changes Ham made to his organizations in building his shell game to conceal where the money was really going? Note that all this became public knowledge after groups outside of Kentucky started scrutinizing this deal, started reporting what they were seeing, and then notified the public officials involved. Nobody officially representing the State of Kentucky appears to have initiated any systematic oversight of this deal from its very beginning. It appears that a few of the Kentucky news organizations are noticing and reporting only after outside groups noticed what was going on. Ham came from Australia and chose Kentucky as his base of operations for reasons only a sectarian con artist would recognize instantly.
White vote percentage for Obama was approximately the same in KY as it was nationally. Not to excessively praise Kentucky. But this crap could happen in many other states. The percentage of white vote for Obama in Texas was far lower than in Kentucky, for example. One silver lining to all of this is that it illustrates that creationists cannot stand success and will always go too far. Freshwater could have restrained himself minimally and still be not so subtly mocking science as a science teacher. Ham could have just said "Okay we won't discriminate" and gotten his tax dollars. Hell, he could have said that and then just put together a requirement that while at work in the Ark Park employees not disparage their employer or insult the customers, and achieved the same end, legally, and actually more securely.

harold · 1 February 2015

W. H. Heydt said: There are some other--but real--peculiar measurements. One of my favorites is the "displacement ton", which is (or used to be) defined as 35 cubic feet of sea water.
My understanding is that the nautical ton derives from the medieval term "tunne" (numerous spellings), referring to how many "tunnes" (barrels of an approximately standard size) a ship could carry, the implied cargo being wine. It eventually became the measure of the size of a ship, technically by volume, even applied to warships and other types of ships that don't carry barrels of cargo. That is, of course, more or less directly related to the volume of water displaced. Ironically, "ton" actually could be thought of as a measure of volume, in at least one context. Outside of nautical use, it usually means a measure of weight, though. A ton of lead has much less volume than a ton of something less dense. I thought construction projects generally did measure the volume of earth displaced. Why would they care about the weight, although of course it can be estimated from the volume?

stevaroni · 1 February 2015

harold said: I thought construction projects generally did measure the volume of earth displaced. Why would they care about the weight, although of course it can be estimated from the volume?
I would have imagined that the preferred unit would be "truckload".

TomS · 1 February 2015

harold said:
W. H. Heydt said: There are some other--but real--peculiar measurements. One of my favorites is the "displacement ton", which is (or used to be) defined as 35 cubic feet of sea water.
My understanding is that the nautical ton derives from the medieval term "tunne" (numerous spellings), referring to how many "tunnes" (barrels of an approximately standard size) a ship could carry, the implied cargo being wine. It eventually became the measure of the size of a ship, technically by volume, even applied to warships and other types of ships that don't carry barrels of cargo. That is, of course, more or less directly related to the volume of water displaced. Ironically, "ton" actually could be thought of as a measure of volume, in at least one context. Outside of nautical use, it usually means a measure of weight, though. A ton of lead has much less volume than a ton of something less dense. I thought construction projects generally did measure the volume of earth displaced. Why would they care about the weight, although of course it can be estimated from the volume?
According to the Oxford English Dictionary, you are right. However, that is also the origin of the measure of weight.

ksplawn · 1 February 2015

TomS said:
Mike Elzinga said: Did anyone else notice in that slide show of the construction that there is a picture of Noah keeping records with a pencil or pen?
I noticed that they showed some of the floor plans of their version of the Ark. What struck me what was the small space allotted for the animals. Even a pre-teen should recognize that there would not be room for all of the well known large vertebrates, even to take the "kinds" as taxonomic families.
Ah, but you see, animals back then were immeasurably hardier than today's animals because they were closer to the time of the Fall and hadn't degraded quite as much. Just as the men used to be a couple dozen feet taller and live for centuries. If you doubt this is possible, how do you explain pygmies + dwarfs? Also, mumble mumble Liberal animal-hugger laws pampering them with unnecessary space and food and sanitation requirements mumble mumble. Liberals, am I right folks? Eh?

Matt Young · 1 February 2015

According to the Oxford English Dictionary, you are right.

Merriam-Webster says the same thing. But originally a tun was a unit of volume, so cubic tuns makes as little sense as cubic tons, and I am still puzzled as to the origin of the term, cubic ton. I suppose volumetric ton would have been to much to ask for.

Dr GS Hurd · 1 February 2015

eric said: A ton of dirt (unless you dry it) is, IIRC, about the same density of water, so it's about a cubic meter.
A cubic meter of soil averages ~3600 pounds, (sorry for the mixed units). When I was active in field archaeology, the volume my crews could move per hour was a sensitive budget point. We billed by the hour, and a expected at least a cubic meter per day for my field crew. That was in the expectation(hope) that there would be good finds of hearths, and walls, and burials. Those were add-ons. Six grand for a burial.

Dr GS Hurd · 1 February 2015

That should have read above, "at least a cubic meter per person per day for my field crew."

My personal best was 1.8 cubic meters of soil excavated, screened, bagged and tagged. That means excavated with a care for bones and stones. Filled into screens, and shaken down to remove "excess." Soil, and pollen samples collected. Paper work filled out, and the recovered sample for every 10 cm thick 1 meter square was sent off to the lab crews. No more than 0.5 cm variance was allowed in any diminution. I used to lose sleep that the floor errors were +/- 20%. 25 years later and I still have bad dreams of mixed samples, or bad unit labels. (Really. It is pathetic. I had one just last night).

W. H. Heydt · 1 February 2015

Matt Young said:

According to the Oxford English Dictionary, you are right.

Merriam-Webster says the same thing. But originally a tun was a unit of volume, so cubic tuns makes as little sense as cubic tons, and I am still puzzled as to the origin of the term, cubic ton. I suppose volumetric ton would have been to much to ask for.
Now I'm feeling old...as I remember that a table in Asimov's _Realm of Measure_ gave a tun as 252 gallons. So...modern usage (or, at least, as modern as you can get anyone to admitting using that unit), a tun is still a unit of volume, specifically liquid. (And I'm never forget that a statute mile is 63,360 inches.)

Oldnsenile · 2 February 2015

Matt Young said:

According to the Oxford English Dictionary, you are right.

Merriam-Webster says the same thing. But originally a tun was a unit of volume, so cubic tuns makes as little sense as cubic tons, and I am still puzzled as to the origin of the term, cubic ton. I suppose volumetric ton would have been to much to ask for.
Seems to me, that the unit "spherical" ton would be just as useful and (in)comprehensible as "cubic" ton. :-J

DanHolme · 2 February 2015

Owosso Harpist said:
callahanpb said:
Mike Elzinga said: Did anyone else notice in that slide show of the construction that there is a picture of Noah keeping records with a pencil or pen?
Back when David MacMillan was posting regularly, he explained (plausibly) that part of the YEC worldview assumed that the pre-flood world was a kind of technological golden age ("steampunk Babylon" as he put it). It reminded me of Atlantis legends, and also struck me as a significant observation, because it really does explain how different their assumptions are. So you might look at some kind of writing stylus and think it's a lazy anachronism (and I don't rule that out either) but it may in fact be consistent with other parts of YEC thinking.
Actually I see this so-called pre-Flood world as creationists borrowing science fiction to promote science fiction-- their own science fiction falsely paraded as truth.
The interior of a TARDIS is supposed to contain an entire black hole and limitless amounts of space so removing that much 'dirt' becomes feasible. If the Ark was a TARDIS, then all the problems with its construction and feasibility just fade away ... to be replaced with a whole load of new ones. Those pesky pre-Rassilon Gallifreyans must have been messing with history. I blame the Meddling Monk (which is not a new nickname for Ken Ham).

harold · 2 February 2015

However, that is also the origin of the measure of weight.
I feel fairly safe in stating that we all know the common current use of the term "ton", as a non-metric unit of weight. The word apparently originally meant "large barrel of a traditional size", came to be a measure of nautical volume (originally, ship size expressed in how many such barrels it could hold), and also a unit of weight/mass (essentially, originally the weight of such a barrel if filled with something like water). The term now has many meanings, including as a unit of energy or power, a usage most of us are familiar with when the term "megaton" is used. Using the term "cubic tons" is an error, of course. http://en.wikipedia.org/wiki/Ton

DS · 2 February 2015

What I don't get is why they don't just ask god to do another "poof" and the ark is just built. Ya know, the same way in which all a da animalias was poofed. Or even simpler, why not ask god for the money needed to build the thing, or maybe for enough money sos they didn't need no stiinkin tax breaks. For that matter, why not ask god for all the money, then they wouldn't need to try to make a buck off the deal in the first place.

Wait. I know, maybe it was that turning over the tables of the tax collector thingy. Yea that must be it. Ona counta they must be figuring that god will get really pissed about that kinda thing. Well maybe they shoulda thought on that a might before they started fixin to commence to begin their little tax fraud venture in the first place.

eric · 2 February 2015

Mike Elzinga said: One of the biggest problems mucking this all up is that this is Kentucky;
Well, IIRC the governor is a Democrat, so he has no strong political reason to pander to AiG: those aren't the folks who would vote for him in a re-election anyway. Honestly I doubt this issue is even one he concerns himself with, except when it pops up in the media. We're talking a few tens of millions in tax breaks for a state that has a billion-dollar economy. He's probably fine with letting the board handle it (and any legal case that Ham brings).

eric · 2 February 2015

Dr GS Hurd said: My personal best was 1.8 cubic meters of soil excavated, screened, bagged and tagged. That means excavated with a care for bones and stones.
Right. I'm guessing that modern non-archaeological earth-moving is quite a bit quicker, and uses backhoes and bulldozers (just like Noah! :) more than people with picks and shovels.

60187mitchells · 2 February 2015

come on guys, look at for whom the lawyer works. (the newspaper misquoted him) he said "cubit tonnes" and as anyone knows, who reads their Bible, a cubit tonnes is a barrel about 1 cubit in height (somewhere around 44cm) and is roughly cylindrical, and about as high as it is wide (that's how they made barrels before the flood you see) so we can calculate the volume by applying the formula of the area of the circle that is the top/bottom by the height or, radius (22cm) * 3 (pi)squared = 22x9 =198square cm x height 44cm = 8712 cubic cm or .8712 cubic meters which would weigh 871kg or 1916lbs. (if we assume the same density as water)

almost exactly a modern 'ton'

so the lawyer was using a perfectly cromulent term - either they moved approx. 870,000 cubic meters of dirt or 870,000 metric tons of dirt are a million cubit tonnes , whatever

/snark

Matt Young · 2 February 2015

Slightly off-task, but someone sent me this link, in which Mr. Ham criticizes a cruise corporation for "blatant" use of evolution in its advertising at the Super Bowl. Blatant use of a well established scientific theory on television? That is not bad news; it is good news.

DS · 2 February 2015

Matt Young said: Slightly off-task, but someone sent me this link, in which Mr. Ham criticizes a cruise corporation for "blatant" use of evolution in its advertising at the Super Bowl. Blatant use of a well established scientific theory on television? That is not bad news; it is good news.
Perhaps he will sue. You know the old "We're being attacked by the intelligent and educated segment of society" routine.

TomS · 2 February 2015

Matt Young said: Slightly off-task, but someone sent me this link, in which Mr. Ham criticizes a cruise corporation for "blatant" use of evolution in its advertising at the Super Bowl. Blatant use of a well established scientific theory on television? That is not bad news; it is good news.
He complains about those who say that we came from the sea (or the stars), for that means that the sea is our mother, and thus we worship the sea. His book tells us that we came from the dust (or from Adam's rib), so he must be a worshipper of dust? And those of us who accept that we come from our mothers, and from our ancestors, have to be ancestor worshippers?

JimboK · 2 February 2015

DS said: What I don't get is why they don't just ask god to do another "poof" and the ark is just built. Ya know, the same way in which all a da animalias was poofed. Or even simpler, why not ask god for the money needed to build the thing, or maybe for enough money sos they didn't need no stiinkin tax breaks. For that matter, why not ask god for all the money, then they wouldn't need to try to make a buck off the deal in the first place. Wait. I know, maybe it was that turning over the tables of the tax collector thingy. Yea that must be it. Ona counta they must be figuring that god will get really pissed about that kinda thing. Well maybe they shoulda thought on that a might before they started fixin to commence to begin their little tax fraud venture in the first place.
You's right, near as I can figger..

ksplawn · 2 February 2015

TomS said: He complains about those who say that we came from the sea (or the stars), for that means that the sea is our mother, and thus we worship the sea. His book tells us that we came from the dust (or from Adam's rib), so he must be a worshipper of dust?
Moving all that dirt around seems kind of sacrilegious now.

icstuff · 3 February 2015

60187mitchells said: so the lawyer was using a perfectly cromulent term - either they moved approx. 870,000 cubic meters of dirt or 870,000 metric tons of dirt are a million cubit tonnes , whatever
A caterpillar 775f rock truck can carry stacked load capacity of 41.9 cubic meters that can way up to 63.5 metric tons. That correlates to our Noah wannabe and his merry band of pre-flood caterpillars moving 20 763 truckloads if he was referring to volume of dirt, or 13 700 truckloads if he was referring to weight. Please Note that that the 775f is a truck used in mining. 870 000 cubic meters will be a 10m trench that is 100m wide and 870m in length. You can put the Burj Khalifa in that trench, with space to spare. Are we sure the meddling monk is building an ark?

Matt Young · 3 February 2015

Article in Louisville Courier-Journal. Nothing much new, but they note that the Tourism, Arts and Heritage Cabinet

turned down the group's application for the tax rebates, arguing that the Ark Encounter had changed its position on hiring policies since filing its original application in 2010 and now intended to discriminate based on religion. The park, cabinet officials said in a letter, had evolved from a tourist attraction into an extension of the ministry activities of Answers in Genesis, which promotes a literal interpretation of the Bible's Old Testament and argues that the Earth is only 6,000 years old.

Mr. Ham says,

This is the latest example of increasing government hostility towards religion in America, and it's certainly among the most blatant.

mattdance18 · 3 February 2015

Matt Young said: ArticleThe park, cabinet officials said in a letter, had evolved from a tourist attraction into an extension of the ministry activities of Answers in Genesis....
-- And the only thing that's surprising about that is why anybody ever thought, back in 2010 or since, that it would be anything but an extension of the ministry.
Mr. Ham says,

This is the latest example of increasing government hostility towards religion in America, and it's certainly among the most blatant.

Is it any wonder that Ham doesn't let people comment on his "blog" over at AiG? What an utter hypocrite.

DS · 4 February 2015

And you can bet your sweet artichoke that if the government wanted to give tax breaks to a muslim organization, old Kenny boy would be the first one to scream about it. He doesn't mean government hostility towards religion, he means government hostility towards his religion. He is probably incapable of understanding the difference.

Dave Luckett · 4 February 2015

Oh, Ken knows that there are other religions. For instance, atheism is a religion, and so is naturalism and scientism. And he knows the difference between his religion and all those other religions, too: his religion is the true one.

The rest is simple. Because Ham's religion is the true one, the government should and must advance it, protect it, and provide for it. What else are governments for?

eric · 4 February 2015

Matt Young said: Article in Louisville Courier-Journal. Nothing much new...
Here is AIG's own confirmation, published yesterday. HT to Hemant Mehta's blog. A quote:
Anti-Christian groups objected to AiG’s statutory right to limit its hiring to people of the Christian faith, and to the content of the messages that will be presented at the Bible-themed park. Bowing to this pressure, state officials (including Gov. Beshear) announced a reversal on December 10, 2014.
No, we don't object to AiG's right to do either of those things. We object to Ark Park's right to do the first one (but not the second). Because you, Ken Ham and AiG, have told the government that Ark Park is a different corporate entity that obeys for-profit rules. Now, if you want to take that back, then Ark Park will be free to discriminate in hiring. But as long as you don't take it back, they are not free to discriminate in hiring.

DS · 4 February 2015

Anti-Muslim groups tried to fool people into thinking that AiG had some kind of statutory right to limit its hiring to people of the Christian faith, and to the content of the messages that will be presented at the Bible-themed park. Bowing to this pressure, state officials (including Gov. Beshear) announced that the blatantly religious organization would get tax breaks, but now they have realized that this was all just a a scam and made a reversal on December 10, 2014.

DS · 4 February 2015

Dave Luckett said: Oh, Ken knows that there are other religions. For instance, atheism is a religion, and so is naturalism and scientism. And he knows the difference between his religion and all those other religions, too: his religion is the true one. The rest is simple. Because Ham's religion is the true one, the government should and must advance it, protect it, and provide for it. What else are governments for?
Why would you need help from the government? If you really did have the one true religion, god would be on your side and you wouldn't need any help. It's a self defeating tactic.

Doc Bill · 4 February 2015

To change the subject just slightly, I would like to propose a different reason for why old Hambo is suing KY: temper tantrum.

It was clear from the beginning that old Hambo was playing a shell game with this little adventure. Ark Encounters owned by Canyon Waters (or whatever it's called) controlled by AIG. Old Hambo wanted it both ways, government money and total control over the whole thing; total control being the most important, perhaps, essential part.

If old Hambo had just let the Ark Encounter fly on its own the scheme might have worked. But then his authoritarian side kicked in 100% and he was not going to give up control of his hiring requirements.

Fortunately (but unfortunately for old Hambo) the for-profit facade has been ripped off and it's plainly clear that the entire project is an extension of the AIG ministry and it's turtles all the way down. Of course, it always was, but now that he's claiming religious discrimination against a for-profit company, Ark Encounter, he's setting himself up to lose everything.

Dave Luckett · 4 February 2015

DS said: Why would you need help from the government? If you really did have the one true religion, god would be on your side and you wouldn't need any help. It's a self defeating tactic.
That would require faith on the scale of Gamaliel's. Ken, he ain't no Gamaliel.

eric · 4 February 2015

Doc Bill said: To change the subject just slightly, I would like to propose a different reason for why old Hambo is suing KY: temper tantrum.
With only half or less of the money he planned to raise for the project actually being raised - and a big chunk of that having to come from AiG rather than private investors - I'm going with the "find a scapegoat for my failure" theory. When a project starts to fail, the blamestorming begins.

prongs · 4 February 2015

eric said: I'm going with the "find a scapegoat for my failure" theory. When a project starts to fail, the blamestorming begins.
It's the Talking Snake's fault.

callahanpb · 4 February 2015

DS said: Why would you need help from the government? If you really did have the one true religion, god would be on your side and you wouldn't need any help. It's a self defeating tactic.
I wouldn't call it self-defeating. All it takes is a little cognitive dissonance, and it's probably more effective than waiting around for divine aid. Plus, you can rationalize it as depriving less worthy recipients of the same funding. Sounds like a win on many levels if you can pull it off.

Matt Young · 4 February 2015

Alert Reader sent this link, which was posted today and looks like it may be a transcript of a segment on The Rachel Maddow Show (tonight?). Nothing much new to Panda's Thumbelinos, but the author, Steve Benen, mentions that

the underlying controversy isn’t limited to Kentucky. My colleague Laura Conaway alerted me to a related story this week out of Indiana, where the Indianapolis Star reported that the state Senate is “poised to allow some state contractors to discriminate in hiring based on religion.”

Mr. Benen reminds us that G. W. Bush's faith-based initiative foundered on the rocks of employment discrimination, but that was then ....

Mike Elzinga · 4 February 2015

If the bill in Indiana is passed and signed into law, does that mean a business can demand that only non-religious and atheist folks be hired to work for them. Could they have prospective employees sign a statement of no belief that will be made available to other employees to insure that everybody understands each other to be declaring themselves nonbelievers; that there will be no dissembling sectarians attempting to sneak through the door? Could such a business fire someone who is religious?

Can the business discriminate against particular Christian sects; such as those kinds of sects that want to pass laws allowing religious discrimination and state sponsored proselytizing in public schools?

What would the religious groups in Indiana think of that? Would they like endless sectarian conflicts dominating everything in civil and business activities?

Where would the idiocy end? Quite probably in a state of continuous sectarian warfare and killing; just like the current situation in the Middle East.

These are stupid times.

mattdance18 · 4 February 2015

eric said: No, we don't object to AiG's right to do either of those things. We object to Ark Park's right to do the first one (but not the second). Because you, Ken Ham and AiG, have told the government that Ark Park is a different corporate entity that obeys for-profit rules. Now, if you want to take that back, then Ark Park will be free to discriminate in hiring. But as long as you don't take it back, they are not free to discriminate in hiring.
Well said. It's also worth noting that if Ark Encounter goes the non-profit route, then it can not only discriminate in hiring: it wouldn't even need tax rebates, because it would be a tax-exempt 501(c)(3) charity. But of course, that would prevent Ken from making himself and/or AiG wealthier, since 501(c)(3)'s cannot legally benefit their shareholders financially. It's a Ham-fisted money-laundering scam, nothing more. This lawsuit is more bluster and intimidation than anything else. If it ever gets to court, it hasn't a leg to stand on.

mattdance18 · 4 February 2015

eric said:
Doc Bill said: To change the subject just slightly, I would like to propose a different reason for why old Hambo is suing KY: temper tantrum.
With only half or less of the money he planned to raise for the project actually being raised - and a big chunk of that having to come from AiG rather than private investors - I'm going with the "find a scapegoat for my failure" theory. When a project starts to fail, the blamestorming begins.
Right, and last-ditch intimidation. The three certainly aren't mutually exclusive. It's a scapegoating, would-be-intimidating temper tantrum. Entirely predictable behavior from a petulant man-child like Ken Ham.

Doc Bill · 4 February 2015

Ah, the Money Maytag.

I thought about that, too, when the junk bonds were floated. I'm not above buying junk bonds but these set off all kinds of Kramer-bells and lights. No interest. Not likely to be redeemed. Only pays on profit from this horrible, boring boondoggle. There was NO INCENTIVE AT ALL to buy these bonds. In the twelve or so fear points it was clear you were going to lose your money.

Or were you?

Could you make an "investment" in which you money was actually parked someplace, then when the enterprise declared bankruptcy write off that "investment" only to have a substantial part of it quietly returned? I am not enough of an investment wizard to formulate such a scheme, but the Ark Encounter junk bonds were so perversely strange that there had to be something behind them, under the table, that made them worth the "investment."

Certainly, this recent high-profile drama leading to ultimate bankruptcy now seems scripted. Hambo wants to be taken down, but what is the money trail?

j. biggs · 5 February 2015

Interesting Doc, I wonder if Ark Park made some kind of stipulation that the "biggest" investors in the bonds would get their money back first, leaving the smaller investors in the lurch if things went south. Then the Ark Park could basically turn what ever money they have back over to their largest investor, AiG. I wouldn't put it past Ham to do something like this.

harold · 5 February 2015

Could you make an “investment” in which you money was actually parked someplace, then when the enterprise declared bankruptcy write off that “investment”
Here you describe masking a gift as an investment, so that the gift can be written off as an investment loss. This still represents a loss to the giver, but he or she loses less by not having to pay income tax on the given money. This would be unethical, and technically tax evasion, but hard to prove and goes on all the time.
only to have a substantial part of it quietly returned?
Adding this element would make it blazingly illegal tax fraud. This would be the exact equivalent of declaring imaginary losing investments and writing them off. Nothing more or less than writing off a loss that wasn't really a loss.
I am not enough of an investment wizard to formulate such a scheme,
While such schemes are undoubtedly concocted on a routine basis, they involve legal and accounting chicanery, not investment wizardry. The simplest would be sending in fake records showing an investment that never happened, more complex would be actually giving money to Entity A, having it laundered through a network of entities, and secretly having Entity Z deposit it (after transaction costs) in an offshore account, while Entity A declares US bankruptcy and you claim the loss, or something similar. The sole point of such schemes is to evade legal taxes, which is actually stupid if you make a lot of money. Better to pay your taxes and securely enjoy your after tax lots of money. But some stupidly greedy and/or ideologically deranged individuals do this. Usually such schemes are not related to personal income tax, but rather, to exaggerate or hide the losses or profits of an organization.
but the Ark Encounter junk bonds were so perversely strange that there had to be something behind them, under the table, that made them worth the “investment.”
Far more likely, they're simply a terrible rip-off designed to get money from suckers. It is exceedingly common for high risk small scale entrepreneurs to offer private investors by offering really lousy investment terms that shift all the risk to the investor, without great pay-off. It's legal to offer such things to accredited investors. http://en.wikipedia.org/wiki/Accredited_investor#United_States I don't know how often such crap investments are accepted. No doubt if they are a biased adviser or some such thing is at the root of it. At any rate, Ham has the huge advantage of pandering to a religious bias. While the bonds in question may well be illegal for a variety of reasons, Ham (or anyone else) offering investments on crappy terms in a for profit venture, to accredited investors, is perfectly legal.

DS · 5 February 2015

Well if the plan was really to commit tax fraud all along, the very dumbest thing you could do would be to sue the government over tax breaks, thus insuring ongoing scrutiny of your financial practices. It seems as if Kenny is bound and determined to lose everything and play the martyr card, so everyone will feel sorry for him after he gets what he deserves..

DavidK · 5 February 2015

Mike Elzinga said: If the bill in Indiana is passed and signed into law, does that mean a business can demand that only non-religious and atheist folks be hired to work for them. Could they have prospective employees sign a statement of no belief that will be made available to other employees to insure that everybody understands each other to be declaring themselves nonbelievers; that there will be no dissembling sectarians attempting to sneak through the door? Could such a business fire someone who is religious? Can the business discriminate against particular Christian sects; such as those kinds of sects that want to pass laws allowing religious discrimination and state sponsored proselytizing in public schools? What would the religious groups in Indiana think of that? Would they like endless sectarian conflicts dominating everything in civil and business activities? Where would the idiocy end? Quite probably in a state of continuous sectarian warfare and killing; just like the current situation in the Middle East. These are stupid times.
Probably not. Religious discrimination is a one-way christian street. You, as a believing self-righteous christian, can refuse to hire a non-christian or even someone of a different christian sect, and the government will protect you, but you likely cannot ever refuse to hire a christian, they are the chosen people whom the government will protect.

callahanpb · 5 February 2015

DS said: Well if the plan was really to commit tax fraud all along, the very dumbest thing you could do would be to sue the government over tax breaks, thus insuring ongoing scrutiny of your financial practices.
I think it is easiest to understand Ken Ham by taking it at face value that he actually believes all the Noah stuff and is doing God's work by building the Ark Park. Now that doesn't mean he can't be dishonest about his means of getting government funding or whether he discriminates in hiring. To him, none of those things really matter if he can get away with it. A big fallacy is to start with the notion "How can anyone capable of dressing themselves take Noah seriously?" and use that as a starting point to uncover the ulterior motives, which would then boil down to greed. It's tempting--I wouldn't be able to write the rhetorical question above if I didn't feel this temptation myself--but misses the point. Ham's means are dishonest, but I see no reason to doubt that his motives are roughly in line with what he claims.

callahanpb · 5 February 2015

Correction (added part in italics):
callahanpb meant to say: I think it is easiest to understand Ken Ham by taking it at face value that he actually believes all the Noah stuff and believes that he is doing God's work by building the Ark Park.
I think my meaning was clear, but what I wrote was certainly not what I intended.

Matt Young · 5 February 2015

According to a press release, they did it!

harold · 5 February 2015

callahanpb said:
DS said: Well if the plan was really to commit tax fraud all along, the very dumbest thing you could do would be to sue the government over tax breaks, thus insuring ongoing scrutiny of your financial practices.
I think it is easiest to understand Ken Ham by taking it at face value that he actually believes all the Noah stuff and is doing God's work by building the Ark Park. Now that doesn't mean he can't be dishonest about his means of getting government funding or whether he discriminates in hiring. To him, none of those things really matter if he can get away with it. A big fallacy is to start with the notion "How can anyone capable of dressing themselves take Noah seriously?" and use that as a starting point to uncover the ulterior motives, which would then boil down to greed. It's tempting--I wouldn't be able to write the rhetorical question above if I didn't feel this temptation myself--but misses the point. Ham's means are dishonest, but I see no reason to doubt that his motives are roughly in line with what he claims.
My long standing impression is that neither the "dastardly schemer who knows he's selling snake oil" nor the "deeply sincere believer" model works. Yes, Ham is consciously sincere, but never so sincere that he deliberately lets his religion act as an impediment to wealth and power. Rather, he is an authoritarian leader who has come up with a role that allows him to be revered, if only a small cult. He built that asinine Creation Museum and it greatly increased his prestige, at least in his circles, and he wants more. He's wanted this Ark Park for a long time. He doesn't tolerate frustration well. He wants government funding, of some sort or another. The impression of government favoritism is very important to an authoritarian. He had that tax incentive lined up, and then some busybody brought up the discrimination thing. As I noted, all he had to do was say "Okay, no discrimination, ha, ha, ha, but those Wiccan employees will, of course, have to sign and abide by an agreement to promote the views of Ark Park while at work. A vegan can't work in the fishing department of Al's Sporting Goods unless they agree not to disparage fishing while they're at work, right? They can either protest against fishing outside, or work inside for pay, but they can't do both - can't force Al to pay them unless they're willing to do that job Al legally hires them to do. To say otherwise would be to say that they have a right to violate Al's rights, which makes no sense." He could have just done that, but that isn't the authoritarian way. The authoritarian way is to say "I demand everything I want and I'll bring an irrational lawsuit if I don't get it". In short, it's even simpler than either Ham as a deliberate con man with a taste for absurdism, or Ham as a sincere martyr who mysteriously gets rich instead of fed to lions. It's "Kenny demands obedience, Kenny demands adulation, Kenny demands what he wants, Kenny demands it now, and Kenny gets very angry at the slightest frustration. And there are a lot of nitwits out there who think Kenny is a profit and will obey his angry orders".

callahanpb · 5 February 2015

harold said: And there are a lot of nitwits out there who think Kenny is a profit and will obey his angry orders.
I think even the nitwits will soon be moving him into the loss column.

DS · 5 February 2015

So when he loses the lawsuit, which BS excuse is he going to go with?

A) You just didn't have enough faith.

B) God told me he doesn't wants me to build the thing anyway.

C) God told me to drop the park idea and get a new Mercedes, tax free of course.

D) The atheists were afraid that we would prove the thing could float!

E) All of the above.

JimboK · 5 February 2015

Matt Young said: According to a press release, they did it!
Let the shell games begin! BTW, what judge(s) are going to hear this case? (Assuming it actually comes to trial...)

Yardbird · 5 February 2015

Matt Young said: According to a press release, they did it!
According to the press release, "Freedom Guard and the Center for Religious Expression, both non-profit, public interest law firms, are providing their legal services at no charge to AiG." Even if it's a low probably bet, Ham's not going to be too out of pocket. Whatever he does spend will keep keep his halo polished for his minions.

JimboK · 5 February 2015

Matt Young said: According to a press release, they did it!
Whoa! AiG has filed suit in Federal court. Ham is going for the full Monty! One would surmise the Kentucky state courts would be the proper venue.

eric · 5 February 2015

IANAL but am I missing something? How is this not cut and dried?

1. AiG is a 501(c)(3) non-profit organization, which did not apply for tax rebates.

2. Ark Encounter is a limited liability company (LLC) solely owned and controlled by Crosswater Canyon, Inc., a 501(c)(3) organization that is in turn controlled by Answers in Genesis. (That's a direct copy from their website)

3. So AiG can discriminate in hiring, Crosswater Canyon can discriminate in hiring, Ark Encounter cannot.

4. AiG advertised one or more positions to work on Ark Encounter requiring a statement of faith.

5. The fact of #4 means Ark Encounter is breaking the law.

***

Maybe Ken isn't going to argue the 'small' issue that AiG can hire computer programmers (and others) to work on Ark Park planning without making AE ineligible for tax rebates. Maybe he's going after much bigger fish? With SCOTUS being so pro-business and pro-religion right now, could he challenging either (a) the general rule that non-profits cannot receive these developmental tax breaks, or (b) the general rule that for-profits can't religiously discriminate in hiring?

IOW maybe he's not going to argue the facts at all. Maybe he's going to admit exactly what he's doing and then claim the laws that forbid it are unconstitutional???

Doc Bill · 5 February 2015

DS said: So when he loses the lawsuit, which BS excuse is he going to go with? A) You just didn't have enough faith. B) God told me he doesn't wants me to build the thing anyway. C) God told me to drop the park idea and get a new Mercedes, tax free of course. D) The atheists were afraid that we would prove the thing could float! E) All of the above.
This is my favorite question because it gets to the nub of the "follow the money" theme. I think the Ark Park was designed to go broke, intelligently like a fox so. On a deal like this where do the donations go?

harold · 6 February 2015

Doc Bill said:
DS said: So when he loses the lawsuit, which BS excuse is he going to go with? A) You just didn't have enough faith. B) God told me he doesn't wants me to build the thing anyway. C) God told me to drop the park idea and get a new Mercedes, tax free of course. D) The atheists were afraid that we would prove the thing could float! E) All of the above.
This is my favorite question because it gets to the nub of the "follow the money" theme. I think the Ark Park was designed to go broke, intelligently like a fox so. On a deal like this where do the donations go?
Interesting thought. It is fairly rare for people to put together actual "designed to go broke" schemes in the style of The Producers. It is, on the other hand, very common for people to put together business plans for a business idea that is not that great, get financing, pay themselves to be executives, not really make much of an effort to run the business, eventually declare bankruptcy, put on their resume that they dynamically leveraged blah blah blah as an executive, and do the whole thing all over again. It's not quite The Producers because they would be happy if the business makes money, however, 99% of effort is devoted to getting money from investors and actually running the business and making money for investors is not a significant priority. This is common. Venture capital firms may not be totally rational but they do try to defend against this by badgering their firms to work on the actual business and achieve milestones. However, in the case of a pure authoritarian like Ken Ham, there are far too many self-serving biases to ascribe his behavior to this motive. I think it is safe to say that Ham has delusions of grandeur. In his mind, at least consciously, the Ark thing will be a huge success, and if it isn't, it's somebody else's fault. Yet his mind also allows him to set it up so that others experience any risk associated with it. However, these distinctions barely matter. (If someone could actually prove that Ham always intended it to fail that might matter, as it might be fraud, but I doubt if anyone could prove that.) Operationally he's going to get as much money from as many suckers as he can, take a big chunk for himself, try to build the thing, make as big a production of lawsuits and in-your-face behavior as he can, try to get as much media time as he can, etc. I strongly smell a political angle. Kentucky is not exactly a pure red state. It's actually a reddish purple state. It has a Democrat for governor and whites in KY voted for Obama at about the national average level. Kentucky is well over 90% white; if it were more diverse but its white residents voted the same way it would be a blue state. McConnell was re-elected somewhat easily but had a fair amount of stress for a while, and the challenges weren't coming from the right. So picking a fight with KY may seem to us to make Ham look crazy ("even Kentucky isn't fundamentalist enough for him"), but from a Republican perspective, he's causing trouble for a Democratic governor of a state that needs watching and has the potential to elect Democrats. Whether Republicans reached out to Ham or whether he just wants to get in even better with them by spontaneously hassling a Democratic state administration I don't know. I am starting to think that there is some chance that this boondoggle may never be completed, but let's not get too optimistic.

eric · 6 February 2015

harold said: Interesting thought. It is fairly rare for people to put together actual "designed to go broke" schemes in the style of The Producers. It is, on the other hand, very common for people to put together business plans for a business idea that is not that great...
I'm inclined to agree. There's no need to posit multilayers of sneakiness here: Ham set up a two-corporation governing body because he wanted his theme park to get all the perks of both a non-profit and for-profit venture. KY said no you can't do that. He's fighting it. That hypothesis is sufficient to explain all the empirical observations.

Henry J · 6 February 2015

Ergo, he can't be both non-profit and non-prophet at the same time.

bigdakine · 6 February 2015

Matt Young said: According to a press release, they did it!
I nice little publicity stunt to shore up lagging donations

alicejohn · 7 February 2015

Doc Bill said: This is my favorite question because it gets to the nub of the "follow the money" theme. I think the Ark Park was designed to go broke, intelligently like a fox so. On a deal like this where do the donations go?
I disagree. I have no doubt that he is sincere in his intention to build the park. The first thought that went through my mind when he proposed it was to build the park with investor money, go bankrupt, then have AIG buy it for 10 cents on the dollar at a bankruptcy sale. That way he could increase his empire without spending a boatload of money (haha). But that conspiracy theory doesn't work because I think I read the park is about 45 minutes from his current museum which makes it either too close or too far away from his current museum to be useful. Take a look at the interior plan: https://arkencounter.com/about/. The "Ark" is nothing more than another creationist museum but with a stunning and clever exterior. It is too far from his current museum for them to compliment each other and it is too close to allow him to expand to another geographic area. Therefore, I honestly believe that he believes this will be his "Field of Dreams" that will convert the masses. Unfortunately for Ham his greatest strength (conviction) is also is greatest weakness. He is a classic creationist. Creationist: "In my opinion, evolution is wrong and the earth is 6000 years old. Scientist: But the evidence of biology and geology make evolution and an old earth a fact." Creationist: "And that is your opinion." End of discussion. He is a close-minded, annoying person who can't be embarrassed and he does not have a pragmatic bone in his body. A fatal weakness of his conviction makes him think the end justifies the means. It appears he is being fast and loose with his bookkeeping. He also thinks there is no such thing as bad publicity and the persecution card will keep the money flowing. If he doesn't shut his mouth, he is going to draw the interest of the IRS. By the way, there have been other Christian theme parks. For example, Heritage USA (http://en.wikipedia.org/wiki/Heritage_USA) was a federal tax exempt (for most of its existence!!!) theme park in South Carolina that went from nearly six million visitors and earning over $100 million in 1986 to closed in 1989 in the midst of the Jim Bakker scandal. Ham has a lot of work to do to top that one!!

mattdance18 · 7 February 2015

alicejohn said: Unfortunately for Ham his greatest strength (conviction) is also is greatest weakness. He is a classic creationist. Creationist: "In my opinion, evolution is wrong and the earth is 6000 years old. Scientist: But the evidence of biology and geology make evolution and an old earth a fact." Creationist: "And that is your opinion." End of discussion. He is a close-minded, annoying person who can't be embarrassed and he does not have a pragmatic bone in his body.
That pretty much nails it. His epistemology boils down to subjectivism and relativism -- "same evidence, different interpretations" -- and that's all that really needs to be understood to see why his entire view of both science and religion isn't worth a single wooden peg in a boat that can't float.

Matt Young · 8 February 2015

Alert Reader now directs our attention to an article in the Lexington Herald-Leader, by Mark Looy, a vice president of AIG. Like his mentor, Ken Ham, Mr. Looy notes that no tax dollars will be used to build the Ark; technically, that is true inasmuch as those tax dollars will be refunded to the Ark Park after it is built. Mr. Looy further complains,

Another myth is that the Ark Encounter should not receive the future sales tax rebate because it is allegedly a for-profit business. It is not. AiG's non-profit subsidiary, Crosswater Canyon, owns the Ark and it has been approved by the IRS as a non-profit.

Unless I am mistaken, Ark Encounter is a for-profit business, even though it is owned by the nonprofit Crosswater Canyon. Mr. Looy is arguing, apparently, that if a nonprofit owns a for-profit business, then that for-profit business must be treated as if it were a nonprofit. What next? No Federal income tax?

Matt Young · 16 February 2015

Two good letters to the editor in yesterday's Lexington Herald-Leader, pointing out errors in Mark Looy's article -- in particular, that AIG, not Kentucky, has changed its position.

eric · 16 February 2015

Matt Young said: Two good letters to the editor in yesterday's Lexington Herald-Leader, pointing out errors in Mark Looy's article -- in particular, that AIG, not Kentucky, has changed its position.
That second one is spot-on (well so is the first, but it's more opinion; the second is more fact-based). *** From your earlier post:
Another myth is that the Ark Encounter should not receive the future sales tax rebate because it is allegedly a for-profit business. It is not.
AFAIK Looey has either gotten things completely backwards or is strawmanning. AFAIK nobody has suggested that for-profit companies cannot receive tax breaks. Its always been the reverse: people stating that for-profit companies can receive them, not-for-profits cannot, and since Ark Encounter is now acting more like a not-for-profit, they cannot receive them. But I like this development. I think it would be highly amusing to hear the judge's reaction to an AiG legal claim, in court, that Ark Encounter is eligible for tax breaks because they are not a for-profit company.

stevaroni · 16 February 2015

Matt Young said: Two good letters to the editor in yesterday's Lexington Herald-Leader, pointing out errors in Mark Looy's article -- in particular, that AIG, not Kentucky, has changed its position.
Amusingly juxtaposed with a couple of articles detailing how school budgets all over Kentucky have been taking horrendous hits because of how the terribly bad property tax collection system is starting to bog down under the weight of ever-wider exemptions and poor valuation models. The story about Walgreens arbitrarily cutting a check for only 60% of their tax bills for years because they don't agree with their assessed property values is a particularly lovely background tableaux for a discussion of whether a religious theme park needs an $18 million tax gift.

Yardbird · 16 February 2015

stevaroni said:
Matt Young said: Two good letters to the editor in yesterday's Lexington Herald-Leader, pointing out errors in Mark Looy's article -- in particular, that AIG, not Kentucky, has changed its position.
Amusingly juxtaposed with a couple of articles detailing how school budgets all over Kentucky have been taking horrendous hits because of how the terribly bad property tax collection system is starting to bog down under the weight of ever-wider exemptions and poor valuation models. The story about Walgreens arbitrarily cutting a check for only 60% of their tax bills for years because they don't agree with their assessed property values is a particularly lovely background tableaux for a discussion of whether a religious theme park needs an $18 million tax gift.
Next time I buy tooth paste there I'll only pay 60% of the sales tax and see how that goes over. Maybe I should go all the way and claim a religious tax exemption for my holy tooth.

harold · 17 February 2015

nobody has suggested that for-profit companies cannot receive tax breaks. Its always been the reverse: people stating that for-profit companies can receive them, not-for-profits cannot, and since Ark Encounter is now acting more like a not-for-profit, they cannot receive them.
Or more precisely, both non-profits can for-profits can receive tax breaks (non-profits pay certain types of taxes, of course), but Ark Encounter is demanding specific tax breaks that are specifically intended for for-profit businesses.