Back in the summer of 1994 (I think it was in June. Maybe July. I’m not sure, though I remember it being hot as Hades), I was a volunteer marshal at a celebrity golf tournament held at the Barton Creek Country Club in Austin, Texas.

I was assigned to the tee box on a par three hole on the back nine. My job was to hold up a sign asking the crowd to be quiet as players prepared for and made their tee shots. It was a fairly hilly course, a bit of a hike from the clubhouse to the hole, and I was on the morning shift. All this meant there wasn’t a crowd, or even an individual, to ask for silence throughout my shift.

I just stood there, alone, looking out from an elevated tee over a gorgeous golf hole, and greeted the players when they approached.

My main purpose in volunteering was to meet my childhood baseball hero, Mickey Mantle, and hopefully get his autograph on a baseball. There were several others playing that day whom I wanted to add to my small autograph collection, but meeting Mantle was the primary factor.

Golfers

The first players I met that day were Tom Kite and Ben Crenshaw—two world-class professional golfers, members of the World Golf Hall of Fame, each with 19 PGA tour wins. Both are Texas-born and played for the University of Texas at the same time. They’re both super nice guys, too, and happily signed golf balls for me.

Willie

I also asked Willie Nelson to sign a golf ball, and he said, “I’m really high right now, and those little fuckers are hard to sign, but sure, I’ll give it a shot.” We both laughed as he scribbled something vaguely resembling an autograph. We chatted for several minutes, mostly about the old Armadillo World Headquarters music venue. Sadly, it was demolished in 1981, and an office building was built in its place—which I worked in for a couple of years just prior to this tournament.

Mr. Cub

Ernie Banks, aka “Mr. Cub,” pulled up in his golf cart a couple of groups before Mantle was to arrive. Ernie’s other nickname was “Mr. Sunshine,” and I can see why. He was smiling, laughing, and cutting up the entire time. I said, “Mr. Banks, would you sign a ball for me?” and he replied, “Only if you call me Ernie. Here, hold this for me,” and he handed me a bag of Cheetos he’d been munching on. Despite wiping his hands on his pants before taking the ball and pen, he left some of that orange Cheeto dust on the ball. He laughed and said, “Sorry, my friend. If you have another ball, I’ll wash my hands first.” I said, “Nah, I like it like this,” and tucked it in my bag. Thirty years later, you can still see the Cheetos mark on the ball.

The Mick

When Mantle rounded the corner, I was surprised to feel nervous. I’m pretty sure I said out loud, “Holy shit, that’s Mickey Mantle.” He literally skidded to a stop, got out, stuck out his hand, and said, “Morning! How are you doing?”

“Great!” I said, shaking his hand. “It’s an honor to meet you Mr. Mantle.”

“Mickey. And you are…”

“Jay.”

“Well, thanks for volunteering for this, Jay.” Looking around, he said, “Has it been this crowded all day?”

“Not a soul. It’s kind of nice.”

He asked me if I was a Yankee’s fan. I told him I lived in Brooklyn when I was in 4th and 5th grade and followed the Mets back then. That got an eyeroll and a head shake (and a smile). “But I did read The Baseball Life of Mickey Mantle like a dozen times around that time, if that counts,” I said.

“It counts for making me feel old.”

“Could I bother you to sign a ball for me?”

“Sure! But I gotta tell you, I’m under a contract and I can’t sign balls on the sweet spot. And I have to personalize it. That’ll make it worth a lot less on the open market. It’s dumb, but those are the rules. Sorry.”

“Oh, I’d never sell this. It’s priceless to me,” I said, handing him the ball.

“It’s J-A-Y, right?”

“Yessir.”

He signed it and carefully held it by the seams. “Let’s give it a minute. Sometimes the ink smears.” Clearly, the man had signed a billion baseballs in his time.

“So, what have people been hitting here?” Mickey asked me, looking out at the green.

“Most people are hitting a 7. Almost everyone comes up short.”

“Can you hand me my 6?”

Can I hand Mickey Mantle his golf club? Uh, yeah. I can do that.

“Hey Mantle! Try not to shank it. Again.” His playing partner laughed. (I have no idea who his partner was.)

Mick proceeds to hit a perfect tee shot, sticking it about three feet from the pin. “Ha!” he says, gives his partner the finger, leans over, and whispers to me, “Watch me miss the putt.”

“You won’t miss. I’ve been watching people all morning. It’s going to break pretty hard right from there. Right at the hole.”

“Thanks. Watcha got in there?” he asked, pointing at my cooler.

“Water. Want one?”

“Yeah, thanks. Really nice meeting you, Jay!” and he shook my hand again.

“Thanks, Mickey!”

And off he went with a wave. He took forever to putt, but when he drained it, he looked back, pointed at me, gave me a fist pump, and took a bow.

It’s been over thirty years, but I remember every word of that conversation. I’ll never forget those 10 minutes I spent with him.

Sadly, Mickey Mantle was diagnosed with liver cancer a few months later. He had a liver transplant in June 1995 and passed away on August 13, 1995 at the age of 63.

Others

I met a ton of people that day. Most of the baseball, football, and hockey players were retired, but some were still active. Most of the athletes I met were very personable. Many thanked me for volunteering. A few were standoff-ish, and some didn’t even appear to know I was there. Mantle had a long-held reputation of being a jerk, but was extremely nice to me and others I saw him interact with. Maybe that’s because he’d recently gone through rehab when I met him, and he was finally sober (decades of alcoholism is what killed him).

• Mario Lemieux, the hockey superstar, was very polite, but quite soft-spoken and seemed almost shy. He’s also gigantic (6’4″, 235 pounds).
• Rollie Fingers, the baseball Hall of Fame relief pitcher, was hilarious. Yes, he still had the mustache.
• Mike Schmidt, widely considered the greatest third baseman of all time, asked me if I had an extra baseball he could buy. He’d met a kid earlier who only had a scrap of paper to sign, and he wanted to find him and give him a signed baseball. I gave him a baseball. I have no idea if he ever found the kid (but I like to think he did).

The golf tournament haul:
Mario Lemieux signed hockey puck
Baseballs autographed by Ernie Banks, Mickey Mantle, Johnny Bench, Mike Schmidt, Rollie Fingers, Steve Carlton
Golf balls signed by Willie Nelson, Ben Crenshaw, Tom Kite, Jim McMahon

The post Meeting Mickey Mantle first appeared on Now Pondering.

In ten days, I’ll be hopping on a plane, all by my lonesome self, and heading to Newcastle upon Tyne, England. From there, I’ll take a train to Carlisle, followed by a taxi (or maybe a bus) to Bowness-on-Solway.

Hopefully you’re heard of England. You may have heard of Newcastle upon Tyne. You have probably not heard of Bowness-on-Solway. (Hereafter, probably at the horror of the British, referred to as BoS).

After all, BoS is a village in Northwest England, within sight of the border of Scotland and a population of just over 1,000 people. So why in the world would I be traveling almost 5,000 miles literally by plane, train, and automobile to a small English village most Americans have never heard of? Alone no less.

To walk the 84 miles of Hadrian’s Wall, that’s why.

But WHY? Won’t walking 84 miles in 8 days… hurt? Probably. Well, certainly. But mostly just in the feet, calves, thighs, buttocks, back, and shoulders. I’m pretty sure my arms will be OK. And I fully believe it will be wonderful for my head.

What is Hadrian’s Wall?

Hadrian was the Roman emperor from AD 117 to 138. In 122, Hadrian visited the far north boundary of the Roman empire, which at that time was roughly along the border of what we know today as Scotland and England.

Emperor Hadrian, unlike previous Roman emperors, was less focused on expanding the empire and believed securing the borders of the existing empire was a prudent thing to do. 2,000 years ago, securing borders was done by building walls (so nothing much has changed in the last 2,000 years).

We don’t know exactly why Hadrian ordered the construction of a wall across northern England. An ancient historian said it was, “to separate the barbarians from the Romans.” Some modern historians say it was to help squash rebellions within the empire–and to keep conquered people inside Roman territory. Others say the wall, and its gates manned by Roman legions, were used to control and tax imports and exports. Most historians feel it was most likely a combination of off of these.

Whatever the reason, Hadrian sent three legions of Roman soldiers (about 15,000 men) to the northern border to build a stone wall 15 feet high and 10 feet wide, and 84 miles long. In addition, a large ditch was dug on the north side of the wall (except where crags or rivers made this unnecessary). In addition, placed at one-mile intervals there were gates protected by a small-guard post called a milecastle. Between each pair of milecastles lay two towers (turrets), creating a pattern of observation points every third of a mile. Eleven Roman forts were also constructed near the wall.

It’s estimated that it took at least six years to complete. A few years after the wall was completed, a large earthwork (called a Vallum) consisting of a flat bottom ditch with mounds on both sides was constructed south of the wall. The Vallum marked the edge of the military zone to the south.

So, why walk it?

Because it’s there? That’s somewhat in jest. Because, history! Come on, 2000 year old Roman ruins are cool. And yes, the wall is in ruin. The Roman Empire fell about 350 years after the wall was constructed, so it fell into disrepair. Much of the original stone used to construct the wall was removed over centuries to build castles and churches, farms and houses along its line, many of which remain to this day. Fortunately, conservation movements in the 18th and 19th centuries put a stop to that.

Hadrian’s Wall was named a UNESCO World Heritage site in 1987.

I’m a bit of a history nerd, and Hadrian’s Wall and the surrounding area are steeped in history. Romans, medieval knights, Robin Hood, the Jacobite revolts.. it just goes on and on. What better way to see, experience, and learn about the history of the area than walking though it. Walking where Roman soldiers lived and patrolled the wall. Seeing ancient Roman fortifications. Talking to the people that live there today.

And let’s not forget the stunningly beautiful countryside. And the pubs. (Did you know the UK has more than three times as many pubs as the U.S. has bars? 3.1 pubs per 10,000 people. Compare that to 0.2 bars per 10,000 in the U.S.).

Heck, one the the B&Bs I’ll be staying in was originally a pub founded in 1569. Another one dates back to 1804, with documented evidence that it was the first home in Britain to have a telephone installed and connected to an underground site. Where in 1877, the inventor of the telephone, Alexander Graham Bell, made the first experimental telephone call to the local coal mine. All eight of my B&Bs have their own unique history.

So, why do this alone?

When I tell my friends about this adventure, the usual response is, “Alone? Like solo? You’re doing this alone? WHY?? Are you out of your mind?”

First, I’ve always wanted to try some solo travel. Volumes have been written on the benefits of solo travel, and the idea has interested me for as long as I can remember. Second, the world’s greatest travel partner, my amazing wife, recently had a hip replacement and has zero desire to walk 7 – 14 miles a day, every day for over a week. Fortunately she understands my need for adventure (and checking off items on my bucket list) so I have her full support, even though she thinks I’m a bit crazy.

Reality check time! I am 63 years old. Arthritis is seeping into multiple joints. It’s hard to get up off the floor sometimes. I’m not getting any younger and if I want to complete a long solo hike, there’s no better time than now. YOLO–You Only Live Once. It’s time to do this thing.

So off I go.

It may rain buckets every day (I am well-prepared for that).
I’ll get blisters–ditto on the preparedness.
My back will suffer from carrying a backpack containing water, energy snacks, rain gear, an extra phone battery (for taking photos, not getting sucked into social media), a jacket (it’ll be in the high 30s – low 40s in the mornings), trekking poles, binoculars, a first aid kit… blah blah blah.
I may get lonely at times, and I’m OK with that. I’ll make new friends on the trail and in the pub stops.

I’ll learn history. I’ll think. I’ll make memories that last forever. I’ll meet sheep.

#JayWalkingHadriansWall

Here is an interactive Google Map I made of my route and lodging (that red check mark is where I booked a 60 minute deep tissue massage at the end of the trek):

And here is the same map with an overlay of pubs on and near the trail. So basically, we’re looking at a 90 mile pub crawl :

Header image by Carole Raddato. CC Licensed. Check out more of her great images!

The post Walking Hadrian’s Wall, Alone first appeared on Now Pondering.

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Note: this settlement agreement is “proposed” because it still needs court approval. The legal types I know believe approval will happen with little, if any, modification, and will take, “a few months.”

The post The full NAR Settlement Agreement first appeared on Now Pondering.

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In three days, I will begin an epic adventure that checks off the longest held item on my bucket list.

When I was twelve-years-old, I read Dove, a book by Robin Lee Graham that recounted his journey sailing a 24-foot sailboat around the world, alone. He was 16 when he set out on his five year adventure. That read was followed swiftly with Thor Heyerdahl’s Kon-Tiki, in which he sailed a balsa log raft from Peru to the Polynesian island of Puka Puka.

These books sparked a desire for sailing and adventure that continues to this day. I finally learned to sail when I was 57, and was able to enjoy a fair amount of time sailing the beautiful Puget Sound.

But that never really scratched the itch that started when I was 12. Fascinated by Graham’s and Heyerdahl’s adventure, I remember telling my 12-year-old self, “One day, I’m going to sail a boat on the Pacific Ocean.” I literally dreamed about sailing the open ocean.

That dream, 48 years in the making, will start this Sunday.

I’ll be joining the crew of the S/V Sea Dragon for three weeks as we sail from Honolulu, Hawaii to the Palmyra Atoll. After frolicking around the atoll for several days, we’ll sail Sea Dragon back to Honolulu.

Three weeks of sailing a 72-foot boat roughly 2,400 miles–literally in the middle of the Pacific Ocean. No internet, no cell service, just nine people on an awesome expedition.

Someone is probably thinking, “Where the hell is the Palmyra Atoll?” I asked myself that very question as I researched this trip.

It’s about 1,000 nautical miles almost due south of Hawaii. If you looked at a globe and put your finger on the middle of the Pacific Ocean, you’d be pointing to the atoll. It’s remote. It also appears to be stunningly beautiful, and is home to some of the most untouched and pristine coral reefs on the planet. The snorkeling should be amazing (no SCUBA diving. Palmyra is part of a marine sanctuary and diving is prohibited).

Only a handful of scientists and researchers live on the atoll, and one must go through all sorts of gyrations just to visit. Thankfully, Pangaea Exploration takes care of all that. More thankfully, they also provide a team of three professional sailors to help six passengers with sailing skills ranging from zero to who-knows-what sail the blue water of the Pacific.

When I tell people about this trip, there are generally one of two reactions:

“Holy shit, that sounds amazing!” (which is exactly what my cardiologist said.)

Or, “What? Are you insane?” (the wise words of my wife. Who despite questioning my sanity is incredibly supportive of this little adventure.)

I’d be lying if I said I wasn’t a bit nervous and anxious. I’m not worried about my safety. The expedition team takes safety very seriously, and they are extremely skilled and experienced sailors and instructors. Nonetheless, something would have to be wrong with you if there wasn’t at least a little anxiety.

I haven’t been disconnected from my phone or the internet for three weeks in…. ever. Heck, until I retired, I’d get twitchy if my phone and I were separated by more than 10 feet. That has gotten better since retirement, but I still can’t break away from the internet and f’ing social media. I’m basically going cold turkey to break an internet addiction. This may be one of the best things I’ve ever done for my head. But it’s anxiety inducing.

In about an hour and a half, I’m getting a COVID test, which is required to board the Sea Dragon. Should I fail that test, the trip is off. Being fully vaccinated, I’m not overly concerned about failing. But I need to stop reading about false positives and how some fully vaccinated folks have asymptomatic COVID. Update: COVID test was negative! Yay. There is one more to pass immediately before boarding the Sea Dragon, so still a little nervous.

Then there’s joining eight other humans that I’ve never met and being confined on a 72 foot boat with them for three weeks. What if someone is a royal jackass? They’ll be tethered to the boat the entire time, so shoving them overboard isn’t really an option. Plus, that would be frowned upon by the expedition organizers, and law enforcement. My hope is what I will find are eight new friends who get to share the experience of a lifetime together.

Then there is the food. Every review and report I’ve seen says the food is terrific. But there’s a catch–it’s a vegetarian menu. I like meat — bacon, chicken, pork, beef that practically moos when you cut into it. I like meat a lot. But hey, this is an ADVENTURE, and it’s not like a lack of beef will kill me (don’t tell anyone, but I am stashing some beef jerky in my gear bag). Don’t judge, ya gotta do what ya gotta do.

It’s going to rain, a lot. You can’t sail in the tropics in the summer without rain. I did Seattle for seven years, and have been building an ark for the last few weeks here in Texas. Rain I can deal with.

So yeah, there are anxieties. Far outweighing them is the experience. Not to sound like some environmental whacko, but what could be a better way to become one with the ocean and planet than sail for weeks in the middle of the Pacific? What better way to test myself? What could be better than sitting on a magnificent sailboat anchored in a coral atoll looking at the stars, listening to the waves lapping against the hull, with a good book in hand, or writing in my journal. What better way to fulfill a dream I’ve had since I was a kid?

Then there is this. I mean come on….

Anxiety aside, this promises to be one hell of an adventure. It will be epic and life-changing and may well be just a little insane. I can’t wait for it to begin.

Mother, mother ocean, I have heard you call
Wanted to sail upon your waters since I was three feet tall
You’ve seen it all, you’ve seen it all
Watched the men who rode you switch from sails to steam
And in your belly you hold the treasures few have ever seen
Most of them dream, most of them dream
— Jimmy Buffett

The post Mother, mother ocean, I have heard you call… first appeared on Now Pondering.

I recently stumbled across Authory, and have swiftly come to realize that it’s an amazing tool for gathering my writing that has been scattered to the four corners of the internet.

Years of contributing to various media and blog sites has made it virtually impossible to compile the writings and ramblings I’ve published. That is until Authory entered my life.

What does Authory do?

It performs magic.

Through a simple user interface, you provide Authory links to your content. It will then go grab all that content (using your byline) and drop it into a very nice, and customizable, display. Here’s what my Authory profile looks like:

Note there is a search function where one can search all content by keyword, date, and publication. SUPER handy!

You have full control. You can make your content public or private. You can share it. You can even create “Collections” that allow you to curate your content using keywords, type, and publication. Authory will then populate your Collections from the existing content it’s gathered, as well as automatically drop in new pieces meeting your specified criteria.

Just the ability to automatically find, display, store, and allow you to export and share your content makes Authory well worth the price (which at $8/month is remarkably inexpensive.)

But wait, there’s more.

Authory also allows people to follow and subscribe to your content via email (or RSS). Subscription is double opt-in (as it should be) through requiring response to a confirmation email. You can also add a contact button to your profile, that will drop inquiries straight into your inbox (without divulging your email address).

Although they don’t really market it for this purpose, Authory is also a blindingly simple way to backup your blog. Just give them the link, they’ll pull in all existing content–and automatically add anything new you publish–and POOF! you’ve got your blog writing backed up to the cloud, complete with any images you used. You can also download all that content to your desktop with the click of a button. I’ve tried at least a dozen WordPress backup plugins over the years, and every one of them has had one issue or another. This is the most simple and elegant backup solution I’ve seen.

Then there are analytics. Authory provides a great sortable and searchable look at how and where your material is being seen and engaged with, as shown in the screenshot below:

Sign me up!

Yes, there is a cost–$8/month if you pay annually, $10 month-to-month. There is a 14-day free trial. (You can extend that trial to 30 days using my Authory invite link). Honestly, I was about 15 minutes into my trial when I knew Authory was a keeper. I’m still exploring, there’s all sorts of nifty little features, but my initial reaction of, “Holy shit, this is USEFUL!” appears to be spot on.

I have articles spread across the internet, some dating back almost 20 years. It would take a Herculean effort on my part to find and export all of it. Then I’d have to figure out what to do with that content. Authory auto-magically does all the legwork, packages it up nicely, makes it super-simple to share, let’s me build a reader/mailing list, and provides some social analytics. All in a very easy to use package.

Don’t ask me how they do it, but they can also grab your articles that are tucked behind paywalls. That’s incredibly useful if you publish on a walled site.

Even if you don’t want/need to use the sharing or list-building features, this is a great way to archive all your writing, automatically. I wish Authory had been around years ago because I’ve lost content on blogs I contributed to that later went dark. Now anything I publish, no matter where it lies, will be saved in one place, searchable and easily accessed.

Authory is indispensable if you’re a journalist, blogger, freelance writer, multi-site contributor, or just want an easy way to back-up some writing. There are many world-class journalists and writers already on Authory, so if nothing else you can follow them and have all their material delivered straight to your inbox–no Authory profile required.

Give it a whirl, I don’t think you’ll regret it.

Disclosure: this article contains “affiliate” links to my Authory invite page. You get an extended free trial, I get free months. We both win. You can also go straight to Authory.com if you want to bypass my invite link. I don’t care, I just want to share something I’ve found quite useful.

The post Authory: Where has this been all my life? first appeared on Now Pondering.

The federal government and our legal system never fail to mystify. Last week, the U.S. Department of Justice (DOJ) announced it would be pulling out of the proposed settlement with the National Association of Realtors (NAR).

What “proposed settlement”? 

In a matter that you would think every agent and broker would be well aware of, but many are not, the DOJ filed an antitrust lawsuit against the NAR back in November 2020 alleging some NAR rules are illegal restraints on Realtor competition.

At the same time the DOJ filed the antitrust suit, they also filed a proposed settlement, one previously negotiated with the NAR. In my decidedly non-legally trained mind, it seems what happened is the DOJ said, “Hey, NAR. We’re suing you because you’ve got some anti-competitive rules. But if you address these rules, we’re settled, the lawsuit goes away.”

Those rules, according to the complaint, included:

• Prohibiting MLSs that are affiliated with NAR from disclosing to prospective buyers the commission that the buyer’s broker will earn if a buyer purchases a home listed on a multiple listing service (MLS).
• Allowing buyer’s brokers to misrepresent to buyers that a buyer broker’s services are free.
• Enabling buyer’s brokers to filter MLS listings based on the level of buyer broker commissions offered and to exclude homes with lower commissions from consideration by potential homebuyers.
• Limiting access to the lockboxes that provide licensed brokers with access to homes for sale to brokers who work for a NAR-affiliated MLS.

NAR quickly responded with the legal speak typical in any situation like this:

“While NAR disagrees with the DOJ’s characterization of our rules and policies, and NAR admits no liability, wrongdoing or truth of any allegations by the DOJ, we have agreed to make certain changes to the Code of Ethics and MLS Policies while we remain focused on supporting our members as they preserve, protect and advance the American dream of homeownership.”

As reported by Inman, according to NAR’s vice president of communications, Mantill Williams, those changes, which conformed to the DOJ’s proposed settlement, were: 

• In accordance with the MLS system’s long-standing focus on creating an efficient, transparent marketplace for home buyers and sellers, the amount of compensation offered to buyers’ agents for each MLS listing will be made publicly available. Publicly accessible MLS data feeds will include offers of compensation, and buyers’ agents will have an affirmative obligation to provide such information to their clients for homes of interest.
• The rule changes re-affirm that MLSs and brokerages, as always, must provide consumers all properties that fit their criteria regardless of compensation offered or the name of the listing brokerage.
• While NAR has long encouraged buyers’ agents to explain how they expect to be paid, typically through offers of cooperative compensation from sellers’ agents, there will be a rule that more definitively states that buyers’ agents cannot represent their services as free to clients.
• With the seller’s prior approval, a licensed real estate agent will have access to the lockboxes of properties listed on an MLS even if the agent does not subscribe to the MLS.

NAR and MLSs even went so far as to begin implementing some of these rule changes, before the courts stamped the agreement with their approval. An approval that was widely expected to happen given that the plaintiff in the case (the DOJ) had negotiated the proposed settlement with the defendant (the NAR) and was fine with proposed rule changes.

So, we’ve got a government entity (the DOJ) suing a trade organization (the NAR) and negotiating changes to satisfy their concerns. Said trade agency is in the process of implementing those changes while the paperwork winds through the legal system for final approval. All seems well and good, right?

Wrong. Fast-forward to sometime in the recent past. The DOJ says, “Whoa, wait a minute. There’s something in our proposed settlement we don’t like. NAR, you need to modify the settlement.” The settlement the DOJ had already negotiated with NAR.

NAR says, “Nope. We negotiated the proposal together, we’re implementing the agreed upon changes, but we’re not modifying the proposal we’ve both already agreed to.”

So, the DOJ takes its ball and runs home, refusing to play together. It essentially tells the courts, “We want a do-over! Now we don’t like the proposed settlement, and these guys won’t make changes to it!”

So, the DOJ withdraws from the settlement it has already agreed to. Mystifying, isn’t it?

NAR’s reaction to the DOJ settlement withdrawal seems justified. It said:

“This is a complete, unprecedented breach of agreement by the Department of Justice to withdraw its consent from a fully negotiated settlement that had been approved by the head of the Antitrust Division and we had begun to implement. The National Association of REALTORS®’ rules and policies have long sought to ensure fair and competitive real estate markets for home buyers and sellers. Grounded in our commitment to act in the best interests of buyers and sellers, we regularly update our rules and policies to protect consumers and provide transparency. NAR has fulfilled all of our obligations under the settlement agreement and now DOJ is inexplicably backing out. If the Department does not live up to its commitments under the terms of the agreement, we are confident in our pro-consumer and pro-competition policies.”

Subsequent comments on that post by NAR state that “the proposed rule changes under the settlement are on hold for now. “

Can’t say I blame NAR for being more than a bit miffed at the DOJ. A lot of time, work, energy and one would assume money went into dealing with this lawsuit, settlement, and subsequent rule changes.

Not that it matters, but personally and professionally, I agree with most of NAR’s proposed rule changes (the lockbox one is a bit odd and seems problematic) and feel it’s unfortunate that work on changing those rules will grind to a halt.

The DOJ is claiming it needs to have the proposed settlement it authored modified to “permit a broader investigation of NAR’s rules and conduct to proceed without restriction.”

That statement should elicit quite the cause for concern. What “rules and conduct” need a “broader investigation”? What has changed since the DOJ proposed the settlement? Only the DOJ knows what it’s thinking.

The timing of the withdrawal is interesting in that it coincides almost exactly with the appointment of Lina Kahn to chair the Federal Trade Commission (FTC). The FTC, along with the DOJ, are the two federal agencies responsible for antitrust enforcement, and Kahn is widely regarded as a “champion of antitrust reform.” Perhaps it’s merely a coincidence this settlement withdrawal coincides with the appointment of an antitrust champion. Perhaps not.

Meanwhile, there are several antitrust lawsuits in process against NAR, Realogy, Keller Williams, RE/MAX, Zillow and other large players in the real estate space. The Moehrl class-action suit continues onward. The MLS is “under attack.” Now the DOJ is withdrawing its proposed settlement to “permit a broader investigation of NAR’s rules and conduct to proceed without restriction.”

Words like mystifying, unprecedented and broader investigation are not really what you want to hear or think about when it comes to your livelihood. Equally disturbing in this sordid mess is how oblivious many real estate professionals seem to be that it’s even happening. That a government entity would negotiate a settlement — presumably in good faith — then renege on said agreement is baffling.

You need to understand what’s happening in your industry. Keep a close eye on these developments, it doesn’t look like they’re going away, and the DOJ’s most recent action seems to be a giant step backward toward any resolution.

Jay Thompson is a real estate veteran and retiree living in the Texas Coastal Bend, as well as the one spinning the wheels at Now Pondering. Follow him on Facebook, Instagram and Twitter. He holds an active Arizona broker’s license with eXp Realty. “Retired but not dead,” Jay speaks around the world on many things real estate.

The post Why the ongoing DOJ vs. NAR battle matters first appeared on Now Pondering.

(Inman heavily edited the version I submitted. This is my full submission)

Living on the Texas coast this last week has been . . . interesting. The lights went out early Monday morning, followed shortly by the absence of running water. Cell service came and went. Days crawled by with no power or water. The wind was howling, temperatures plunged to a level not seen around here for 118 years. 

As the temperature inside the house dropped into the mid-50s, the news started reporting the tragedies happening across the state. People were dying. 

Then came the jokes, the memes, the attacks on Texans unable to tolerate a little cold. We were laughed at and ridiculed by our neighbors to the north, those who face these conditions (and worse) on a daily basis every winter.

To be honest, the jokes, memes and ridicule were a little annoying, and a lot disheartening. I believe many of the jabs at Texas occurred from misunderstanding. Well-meaning friends would say, “sure, 19 degrees is cold, but it’s eighteen below zero here. You’ll be fine.” And, “it gets way colder here for weeks at a time!” 

Of course it gets colder, for longer, in many places. But that’s typical weather in those places, and they have the infrastructure to support living in those conditions. Things like insulated pipes, winterized power stations, snow plows, salt/sanding trucks. We were experiencing “once in a generation weather.” The closest snow plow to my house is 250 miles away. The local grocery store was taking salt shakers off their shelves and using them out front in an attempt to de-ice their sidewalk and keep people from slipping and breaking their neck.

This is hard for people used to weather like this to understand. “Why would you put exposed water pipes outside a house? Only an idiot would build like that.” I don’t know, maybe because it’s never been an issue in the past 120 years? What seems so stunningly obvious in your area of the country isn’t so obvious in other parts. We humans tend to be quite ignorant at times of how other people live, work, and function. It’s pretty much human nature.

As I ventured off the weather news and reactions, it didn’t take long to see that misunderstanding and ignorance isn’t limited to record breaking Texas weather events. 

Take a quick look around the real estate news world. Jump into just about any real estate group on Facebook. Read the comments on media posts about real estate and you’ll see countless examples of misunderstanding and ignorance on display. You are likely guilty of it. I know I’m guilty of it. Let’s be honest–we’re all guilty of misunderstanding and ignorance of many things. 

I could dust off my Zillow hat that’s been sitting on a shelf for almost three years, put it on along with a Zillow shirt, socks, scarf and jacket (why didn’t I ever get Zillow pants?), and talk for days about how misunderstood that company is. But no one wants to hear that.

Instead I’m going to talk about the National Association of Realtors (NAR), a very misunderstood organization by many. Yes, I fully realize many won’t want to hear this either, but bear with me. Keep an open mind. Shouldn’t you know and understand more about your trade organization?

In the beginning

No, not the beginning of NAR. That was almost 113 years ago, not long before the last time Texas turned into a frozen wasteland. “In the beginning” as in my beginning with NAR.

I still remember walking into my broker’s office, the ink on my sales license not even dry. “Bring your checkbook, we’re going over to the Association office,” mumbled my new broker.

We literally walked across the street to the local Realtor association office. I was about to become a REALTOR®! At that time, like many people, I equated the word “realtor” with “real estate sales agent.” I knew nothing about NAR, local or state associations, what they did, or why I was joining them. 

My checkbook was on fire. Local association dues. State association dues. National association dues. MLS fees. Software. Signs. Business cards. All I did the first few days of my new real estate career was write checks. It was not exactly a pleasant experience. 

“Why do I have to join all these associations?” I asked my broker. “What do they do?”

He just sort of smiled, shook his head, and said, “Not much. It’s just what we have to do. Get used to it.”

This set me down the road of wondering, and more than occasionally whining, about NAR.

Then came the Rose Bowl parade flasco. Anyone remember when NAR sponsored a float in the 2009 Rose Bowl parade? I lost my freaking mind. If you thought “Logo-gate 2018” was bad, that was nothing compared to the Rose Bowl float.

Yours truly set up a blog (now defunct) called NARWisdom. I can assure you that title was dripping with sarcasm. Having no shortage of material, I went on a tear, lamenting virtually every action NAR took, or did not take. 

The came the Great MIBOR S**tstorm of 2009. To make a very long and painful story short, the Metropolitan Indianapolis Board of Realtors sent a cease and desist letter to a local broker forbidding her IDX listings from being indexed in Google.

During this travesty, Mr. NARWisdom vocal detractor was invited to speak on the subject at the NAR Midyear conference. After that, NAR asked me to sit on the MLS Issues & Policy committee. That action was met with this headline right here on Inman–NAR Appoints Critic to MLS Committee.  

Me, an “NAR critic,” asked to be a member of an NAR committee. Who would have thought that was possible?

What I learned

Spending three years on the MLS policies committee, along with a couple of subsequent IDX workgroups, and attending NAR midyear and annual conferences for committee meetings completely and totally changed my opinion of what NAR does for its members (along with the general public).

I wish the many members who regularly deride the NAR would spend some time attending committee meetings. Doing that would show you there are hundreds of Realtors and dozens of NAR staffers that are committed to serving you. Yes, the NAR staff gets paid. Of course they do, it’s a job. They have to pay their mortgage and feed their children, just like you and me. As a whole, they are incredibly dedicated professionals–dedicated not to a paycheck, but to you and me. You can choose to believe that or not. I’ve met them, talked to them, worked alongside them. If you’re claiming they’re beholden only to a paycheck, then it’s crystal clear you have not met them, talked to them, or witnessed their work. 

Along with witnessing them in action, spend some time on the NAR website. The site is a wealth of information, and provides countless answers to the oft-asked question, ‘What does NAR do for me?”

Here just a few, of hundreds of pages, with detailed information on what NAR is working on:

Advocacy & Outreach
NAR’s Federal Advocacy Agenda
Federal Issues Tracker
The Washington Report (advocacy updates)
State and Local Advocacy
State and Local Success Stories
Member & Consumer Mobilization
Consumer Outreach Program & Grant
2019 NAR Advocacy Success; Federal
2019 NAR ADvocacy Success: State and Local

MLS/IDX Rules
Handbook on Multiple Listing Policy
IDX Rules

Health Insurance
Health Care Reform and Association Health Plans
Health Insurance Issue Summary
NAR’s Work for an Association Health Plan

On Zillow
Zillow Instant Offers: What State and Local REALTOR® Associations Need to Know

On Antitrust
Antitrust compliance (login required)
Antitrust overview

Discounts and benefits
Realtor Benefits Program
Library and Archives

Data
Research Reports
Housing Statistics

COVID-19

Arbitration and Dispute Resolution

Commitment to Excellence (C2EX)

The Code of Ethics

From Critic to Fanboy

Yes, I was once one of NARs loudest, mouthiest critics. Now I suspect some will accuse me of being a “fanboy” or a “shill” for NAR. Think whatever you like about me, but read through those links (and more) posted above and tell me NAR does nothing for you but collect dues. 

NAR is far from perfect. It’s a big, bloated, bureaucratic organization. It takes too long to make changes. Many committees and the Board of Directors are too large (sorry to my committee and BOD member friends, but it’s true). Their agenda and advocacy won’t please everyone, but pleasing 1.4 million members is an impossible task.

They do care–about you, consumers, and the industry. Have they made bone-headed moves? Of course they have. So have you. They’re human beings, and humans aren’t perfect. I for one am glad the tireless volunteers and staff are in my corner, our corner, working hard. The next time you feel the need to launch into NAR just pause for a moment, and consider all they do. 

Photo credit: Shamelessly pulled from NAR’s Facebook page. Please don’t sue me.

The post What the National Association of Realtors Does for You first appeared on Now Pondering.

Yesterday, I set out in my fishing kayak for fun, exercise, and to slay fish. Fun was had, exercise was good, the fishing not-so-much. (Oh, there were victims, just not of the size and frequency I prefer. All were released in healthy condition, to go forth and make baby fish.)

Despite the lack of cooperation from the fish, the day provided one of the most remarkable experiences of my life.

I pedaled away from my home, and bolted across the Intracostal Waterway (ICW). It’s aways a sprint across that thing because I’m in a kayak, and not easy to see by the boats screaming down the ICW at 50+ MPH. No one wants to get hit by a motorboat.

As I rested at a standstill, a dolphin surfaced behind me, exhaling loudly. Trust me, if you’re not ready for it, that sound will scare the crap out of you. I looked over my shoulder and sitting there motionless, just looking at me, was one of the dolphins that frequently ply the waters of the coastal Texas flats. Giving him my standard greeting of, “Well hello, Flipper! How’s your day going?” he (or she, I don’t know) disappeared with a flick of his powerful tail.

Seconds after I started pedaling (yes, my kayak has pedals. I paddle too, but pedaling is far more efficient, and I was headed to a place that’s about a 40 minute ride in a pedal kayak, so efficiency matters) the dolphin surfaced again, only about five feet off the side, and matched my speed perfectly.

He rolled slightly, and I swear looked me right in the eye. Then he dove right underneath the kayak, clearing it by less than a foot. After the moment of shear terror thinking I’m going to get flipped by Flipper was over, he swam three or four circles around my boat then went back to swimming right alongside me.

“He’s following me!” I said, with the glee of an eight-year-old. I sped up, he sped up, I slowed down, he slowed down. When I stopped, he stopped and then swam under and circled me again. Once he did that little half-roll, we made eye contact again, and he flicked his tail at the surface, soaking me with spray; and he disappeared.

“Little bastard did that on purpose!” I said, out loud. Yeah, I talk to myself a lot when I’m out on the water.

I figured he was gone, off to do what dolphins do–which is primarily eat fish and procreate. Fun as they are to watch, they’re no fun if you’re trying to catch fish. They’re really good at fishing, and fish, dumb as they are, know to vacate the area if dolphins are actively feeding.

I pedaled on, and just a few seconds later, there he was again, matching my speed as I cruised alongside the ICW.

Getting ready to make a right turn and head up the Aransas Channel toward Port Aransas, I figured that was where I would lose him for good.

Resting after another sprint across the channel, he popped up, looked me in the eye, and splashed me again with his tail. As I ventured east, he continued to swim beside me. We chased each other up the channel. Sometimes he would speed up, and I’d try to catch him. Seems he knew darn well that he could swim WAY faster than I can pedal, and he’d circle back, gliding right beside me, sometimes only 3 – 4 feet off my starboard side.

It was magnificent. Here I was, pedaling a kayak on a perfect day, literally playing with a dolphin in the wild. It was almost time for me to take a left into my fishing area. My very shallow fishing area (only about a foot deep). There was no way he could go there.

As I drifted to a stop, the dolphin surfaced and also stopped. As I pondered the idea of just continuing up the channel to play with him he swam back and forth under me a few times, looked me in the eye again and dove.

I don’t know how, but it’s like he knew we were done playing. He surfaced again in the middle of the channel about 15 yards away and looked at me one last time. With a couple of loud squeaks, he dove again.

I lingered in that spot for about five minutes but I knew he wouldn’t return.

I have been fortunate to have some amazing experiences in life. From the birth of my children to traveling far-flung corners of the world. I’ve seen some awesome sights. Playing with this dolphin ranks way up the list of incredible moments.

Hopefully I’ll see my new friend again some day. If not, I hope s/he lives a wonderful life, full of fat fish, love, and safety. I’ll never forget those 30 minutes we got to play with each other.

The post Kayaking with a Dolphin first appeared on Now Pondering.

Let’s recap 2020:

Jan. 1, 2020: Australia is on fire.

Jan. 3, 2020: Iranian general Qasem Soleimani is killed in a U.S. airstrike. There’s talk of World War III.

Jan. 8, 2020: The Iranians mistakenly shoot down Ukrainian civil airliner Flight 752, killing 176 people. Talk of World War III escalates.

Jan. 15, 2020: The president of the United States is impeached.

We’re two weeks in, how could the year get any worse?

Jan. 20, 2020: The first case of a new coronavirus is reported in the U.S. Up until then, no one but an epidemiologist had ever heard the word “coronavirus.” Heck, few even knew what an “epidemiologist” even was. Now, it feels like half of the people on Facebook are epidemiologists with degrees in infectious disease.

Jan. 26, 2020: Kobe Bryant, his daughter and seven others die in a helicopter crash.

Jan. 30, 2020: The World Health Organization (WHO) declares the coronavirus outbreak a public health emergency.

January sucked. Let’s fast-forward a bit.

March 9, 2020: The Dow Jones stock market index plunges more than 2,000 points.

In other March news, every major professional sport and the Summer Olympics go on hold. Tom Hanks and the British prime minister have COVID. Tom Hanks.

April 2020: 3 million people in the world have COVID. A million of them are in the U.S.

May 2020: George Floyd is killed by police. Protests erupt all over the world. There’s talk of a civil war. 

June and July 2020: The protests are still happening. Millions are infected with COVID. The race for U.S. president is like a carnival sideshow. People are beating other people for wearing a mask or not wearing a mask.

August 2020: Most of Australia is no longer on fire. California is. A woman of color is named as a candidate for vice president by a major party. Another Black man is killed by police. More protests erupt.

September 2020: Now, the West Coast is on fire. No charges are filed against the police in the killing of a Black woman. More protests. More COVID-19 infections. More deaths. Both presidential candidates act like 9-year-olds in the first presidential debate. 

October 2020: Baseball and basketball crown champions. No one was in the stands to see it. The president of the United States gets COVID-19.

November 2020: Election Day, enough said. Alex Trebek dies. Alex Trebek. A huge hurricane devastates Nicaragua. No one seems to notice. Less than two weeks later, another huge hurricane makes landfall just 14 miles away from the first one. No one seems to notice. They killed 200 people and caused more than 9 billion dollars in damage. No one seems to notice. Hey, it’s 2020.

December 2020: COVID vaccines are being administered worldwide. Some say the election still hasn’t been resolved, and people fight over it. The death toll for COVID-19 passes 1.7 million people across the planet. People are still fighting over masks.

Anyone ready for 2020 to finally end? Wondering what 2021 will bring?

Somehow, we have survived this disaster of a year. “Zoom” has become a verb. Fist bumps have replaced handshakes. In-person conferences are being scheduled. More people got on an airplane in the U.S. this month than any time since March. People are still dying of COVID-19; record numbers are being hospitalized.

Yet, there is hope. COVID-19 vaccines have tested well and are being distributed. Resistance to getting the vaccine is easing. Houses are still being bought and sold daily. Babies are being born now that were conceived during the pandemic. The sun still rises and sets, sometimes spectacularly, every day. 

Yes, we are tired, we are weary, we are angry and sad. We want life to return to normal — whatever normal may be. It may be difficult to find much to be thankful for in 2020, but if we look deep, it is there. 

Ever heard of “post-traumatic growth (PTG)”? It’s a real thing. PTG refers to any beneficial change resulting from a major life crisis or traumatic event. People most commonly experience a positive shift by having a renewed appreciation for life, adopting a new world view with new possibilities for themselves and others, and feeling more personal strength.

I know PTG exists, because I have personally experienced it. Back in 2012, I suffered a heart attack that, according to multiple cardiologists, should have killed me. Everything about that day sucked. The excruciating pain, the overwhelming fear of doom, the look on my wife and children’s faces when they wheeled me away for heart surgery.

It took a long time. It took therapy. But about a year after the heart attack, I had an epiphany of sorts. I realized having that heart attack was the best thing that ever happened to me — that there are benefits from having a heart attack.

Yes, benefits from almost dying. Believe me, I don’t ever want to go though that ordeal again. I wouldn’t wish it on my ex-wife. But the personal growth that happened after that traumatic experience has led my head to a far better place. I’ve gained a new appreciation for life, for my friends and for my family. 

By all accounts, 2020 was a shitty year. But there have been worse years. I doubt anyone reading this was around during the 1918 pandemic that came on the heels of World War I. Or the Great Depression, Pearl Harbor, World War II, Hiroshima and Nagasaki.

Some of us will remember the civil rights movement, the riots, and assassinations of the 1960s. Vietnam. The country and the world survived those years, and the country and world will survive all 2020 brought us — and whatever 2021 holds.

The German philosopher, Friedrich Nietzsche, is attributed with saying, “That which does not kill us, makes us stronger.” Sadly, many have died in this last year, and more will die in 2021. As tragic and horrific as that is, some good can come out of it. We do have things to be thankful for. We can learn and grow and become stronger from all this adversity.

Take a moment to reflect on 2020. Find one good thing that happened for you. It’s out there. You may need to look deep to find it, but it’s there. Embrace that. Build on it. Learn and grow. 

I wish you all a good year in 2021. Hopefully it’s full of grace, love, peace, happiness, growth, prosperity and health — for you, your family and your friends.

Happy New Year!

The post Being Thankful for 2020 first appeared on Now Pondering.