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Feel The HEAT At: Phoenix Saloon Phoenix Saloon
Feel The HEAT At: Phoenix Saloon Phoenix Saloon
Feel The HEAT At: Phoenix Saloon Phoenix Saloon
Pho e ni x Sal o o n
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2 AD SALES 830.358.2493
table of contents
7
Citizen
Soundcheck
The ONLY gui de of i t s ki nd
for t he NB/SM Met ropl ex!
13
Hot in the
Kitchen
Our di va of t he di sh get s
her Orca Cake on.
12
The County s
Most Wanted
Look Mommy! Daddys i n t he paper!
Ask a Mexican
Gust avo of fends i n t wo l anguages.
15
Last Word
The I RS l oses ever yt hi ng
Congress want s, and ri ght
i n t he ni ck of t i me.
1st Word
Zapat a vs Wri ght :
The Reckoni ng
3
Advice from
Opa Esel
Quest i onabl e counsel
from Grandpa Karl .
11
Due Process
Al l t he sexy haps
at t he Court house. 6
Sound Out of Town
Because Aust i n, San Marcos and
San Ant oni o occasi onal l y have
l i ve musi c t oo.
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2 AD SALES 830.358.2493 2 AD SALES 830.358.2493 TXCITIZEN.COM 3
Herald-Zeitung
Employee Assaulted
by Local Politician
Yeah, its old news, but its
spankin new to you.
On the night of October
27, 2012, at-the-time District One
Councilman Richard Zapata (and TX Citizen
contributor under the name Uncle Ken Esel)
and Intimidation of a Public Offcial suspect
(and my former employer), Mark McGonigal,
followed HeraldZeitung reporter Will Wright
into the parking lot at the Faust hotel, and
assaulted him.
They assaulted him because they didnt
like what was in his newspaper.
According to Wright, they cracked
his left ankle. This isnt surprising to me,
as McGonigal had often boasted of his
undefeated run as a mixed martial arts fghter.
And a secret government operative (Black
Ops!). And maybe an astronaut. Dont really
remember. After a while we stopped listening.
Anyway, according to him, hes an expert on
everything, with an emphasis on revenge.
The Monday following the attack, Zapata
called the Houston-owned Herald, and, playing
his City Councilman card against their angry
black man, got Wright fred. One of his next
calls was to me, to brag about the two-on-one
assault and subsequent termination of Wright.
Zapata told me that Wright had accosted
Mrs. Zapata. As it turned out, that story was
just for my ears, as Zapatas wife was not
involved at all. Zapata knew what I had to
hear to not press the issue, and he gave it to
me. The fact that the HZ didnt report the story
seemed to bolster his claim. An interview with
an eyewitness, a Faust employee, conducted
by former HZ reporter Ron Maloney, however,
smashed it to pieces.
I asked then-City Councilman Zapata
why he didnt call the police. He told me, I
dont trust (New Braunfels Police Chief Tom)
Wibert. As the Chief is employed by, and
reports directly to City Council, the fact that
Zapata was one of Wiberts bosses would
have worked in Zapatas favor,
had Wibert been the type to
allow bias to infuence him.
The bottom line is that Zapata
didnt want his Chief involved
in an investigation into an
assault on his wife, because when
the truth emerged, it wouldnt match
Zapatas story.
Wright didnt call the police either. He
just wanted the humiliation to go away. I
considered printing the story, but since Wright
didnt fle, we didnt report it. I made a huge
mistake at that point. Huge. Zapata had told
me what he and McGonigal had done (albeit
for fabricated reasons), and I allowed him to
continue to contribute to the TX Citizen under
the name Uncle Ken Esel. Im not ashamed of
much. I am ashamed of that.
Were currently under a very public social
media attack from Zapata, and his alter ego
Ken Esel, due to the content of our May 8 First
Word, (online at txcitizen.com, under the May
12 upload date), wherein we detail the case
of David Martinez, who is currently serving a
six month prison sentence for tampering with
a government record at, allegedly, the behest
of McGonigal friend and employee Matthew
Fields. An allegation Fields denies, but we
have since confrmed with two eyewitnesses.
As Zapata is also employed by
McGonigal, and are brothers according to
them both, he has publicly waged war on our
advertisers, made good on a threat to blackmail
one of our employees into cooperating, with
the release of his confdential City employment
records (which didnt work), attempted to pay-
off another of our employees to quit, (that didnt
work either), and made it clear that he is a
vindictive person that may seem like a calm
guy, but that lots of people have found out
that you dont fuck with him, and he intends
to fuck Mike (Reynolds) harder than hes ever
been fucked before. This is detailed in New
Braunfels Police Report #14-23023.
Continued on page 5.
MIKE
REYNOLDS
WITH
WORD
1
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Continued from page 3.
We apologize for the rough language.
Its exactly what he told the TX Citizens
Chase Cochran, during a heated, in-person
intimidation visit to Cochrans other place
of employment here in town. Zapata was
also pretty upset that we gave his column to
another writer. How he knows how hard Ive
been, uh, violated in the past is a mystery.
Word gets around, I guess.
Normally we let threats like this go,
because most people make them in the heat
of the moment and have no intention of acting
on them. Based on Zapatas thug-life history
with Wright, however, his carry substantially
more weight. A review of the last months
postings under the Ken Esel and Richard
Zapata Facebook pages reveals a level of
obsession and hatred that even we havent
encountered before. Imagine THAT. Seriously,
imagine it. Its way over the top.
I fnally spoke with Will Wright last
week, and he told me what happened that
night. His short version matched up with
the other accounts of the story, which were
corroborated by Maloneys Faust employee,
and told to me by Zapata himself. Zapata
and McGonigal followed Wright into the
parking lot of the Faust hotel, and let him
have it. It was fun for the assailants, and less
so for the victim.
As for the long story, and according to
Wrights notes from the night of the incident,
Zapata and McGonigal were giving Wright
grief for the HZs editorial stand on the
disposable container ban (which Wright
personally opposed, in spite of the HZs support)
and the then-upcoming Commissioners Court
race between Kathleen Krueger and Kevin
Webb, which Webb went on to win.
Both Wrights and the Faust employees
confrmed version of the story is that Wright
was not asked to leave the bar, but when
he tried to leave to get away from Zapatas
badgering over the HZs content, was
followed into the parking lot where Zapata
poked his fngers into Wrights chest. Wright
pushed him off, at which time McGonigal
jumped in with a professional-grade
chokehold to save his lil buddy.
Zapatas original version started with
Wright pushing Zapatas wife, after which
Zapata and McGonigal got involved.
Wright and I both agree that had that been
the case, violence would have been, while
not justifed, certainly expected. As it didnt
happen, the violence came as a complete
surprise. A police report should have also
been fled. After all, HZ Employee Assaults
Councilmans Wife would have been a truly
damning headline. Clearly, Zapata didnt
want anybody looking into this.
Heres Zapatas current version of the
event, as he described it to a Facebook
user last weekend. Note that Zapatas new
iteration doesnt mention his wife, which
would be a critically important element of
the story, if it were true. Hes explaining
the event to a user named Steve, who was
admonishing Zapata for posting Cochrans
employment records on Facebook. Steves
opinion was that Zapatas tactic was totally
out of bounds:
Steve, it is extreme, but understand
that there is a real coward that is probably
imagining up some twisted story to put up
that I will not be able to respond to in that
rag paper. For example, they are telling
people that we beat up a reporter. First, we
never beat up anyone, we had a person (not
a reporter) jump in our face repeatedly, refuse
to leave after being told by the manager
leave who then shoved and lunged at me. He
was restrained and taken to the ground after
which he left. He tried to punch once and it
didnt land. He was never struck. Second, a
conversation was twisted and these clowns
went to the police screaming bloody murder
about me. Of course it had no merit. Lastly, I
have not posted anything that is not true. Sit
back and watch how I get assassinated and
know it was going to happen whether I posted
this or not. (Emphasis ours)
Not a reporter. Hmm. Theres no two
ways about this somebodys lying here. We
say he and McGonigal beat up an HZ reporter
and later got him fred, because they beat up
an HZ reporter and got him fred. Zapata
fat out says that his victim wasnt a reporter,
and doesnt mention the fring, because thats
news that every journalist in the state will be
interested in. It signals the end of his once
promising political career.
It would be telling as heck if Zapata
stands by his Not a reporter assertion on
the basis that Wright was an editor as well
as a writer, which is a common Zapata move:
These are all lies! We beat Wright up in his
capacity as an assistant managing editor. Ill
bet somebody fve American dollars he uses
that excuse at some point. Well, maybe not
now, since we just burned that one. Hell come
up with something.
Zapatas new crusade, harassing our
advertisers, employees and distributers
because we took away his column and
reported on an inconvenient crime
involving his friends and employer, is just
beginning. I dont imagine either of us will
quit anytime soon.
\m/
Mike Reynolds
Publisher/Editor-in-Chief
Postscript: It should be noted that we lost
the Faust hotel as an advertiser due to the May
8 story. We were fairly certain we would lose
them going in, as Zapata and McGonigal
have close ties to management there. We ran
the piece anyway, because David Martinez
is in prison. Had he never met Fields and
McGonigal, he would be at home. Or on a
vacation or something.
We thank the Faust for their long time
support. As for the rest of our advertisers and
distributors, expect a visit from Zapata or a
member of his crew in the near future. And
stand back hes a feisty little fellah.
Est. 1986
1390 McQueeney Rd, New Braunfels
830-625-0045 or wateringholesaloon.com
Become a friend @ facebook.com/theholenb
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Justin Carter Trial Delayed
The trial of a young Comal County man who
was charged with making a terroristic threat
on Facebook has been delayed.
Justin Carters jury trial was scheduled
to begin on Monday, June 23. However, the
court cancelled the trial as it seeks to set a
date for more pre-trial motions, according to
both Carters attorney Don Flanary as well as
prosecuting attorney Chari Kelly.
Carter is accused threatening to attack
a kindergarten during a spat on Facebook.
Carter admitted to making the comment, but
argues that it was a sarcastic jest. While
there is a screen shot of comment, the original
thread has since disappeared.
The case could shape up as a First
Amendment argument. Making a violent threat
is illegal, yet joking comments, regardless of
taste, are considered protected speech.
A new date has yet to be set, but Flanary
said it could be a few months before the
trial begins.
Can Appeal Still Waiting
The City of New Braunfels, which has
appealed a judges ruling that struck down
the Citys disposable container and cooler
ordinances, has yet to fle its appeal brief to
the Third Court of Appeals in Austin.
The City asked for, and received, an
extension to fle its argument by July 16.
Visiting Judge Don Burgess struck down the
ordinances earlier this year as unconstitutional.
The judge agreed with the arguments set
forth by the river-oriented businesses that the
confusing nature of the ordinances made them
arbitrary and unenforceable, especially since
offcers patrolling the rivers were forced to rely
on their own opinions as to what violated the
rules. The businesses also argued that the City
was overstepping its legal bounds because
controlling navigable waterways is the domain
of the State.
The New Braunfels City Council voted
to appeal the ruling, claiming that Burgess
wasnt specifc enough in his ruling. Burgess,
a longtime Texas judge, once sat on the Court
of Appeals.
Towing Case Waits for Decision
The Third Court of Appeals refused to allow
oral arguments in a lawsuit against the City
brought by three towing operators. Both sides
have fled their arguments and now await
Appeals to render its ruling.
The operators sued the City claiming the
local government didnt follow proper legal
procedures when it awarded non-consent
towing contracts and possibly violated the
Open Meetings Act. Earlier this year, Judge
Dib Waldrip, whose district includes Comal
County, ruled that the court has jurisdiction to
hear the case, which the City appealed.
Scientology Trial in Limbo
While the Church of Scientology International
(CSI) has fled a brief in its appeal regarding
claims that Monique Rathbuns harassment
lawsuit against the Church violates its First
Amendment Rights, her response will be some
time in coming.
Ray Jeffrey, who represents Rathbun, said
his teams response wont be fled for another
60 to 90 days.
CSI told us they would give us an
extension, Jeffrey said. CSI had also been
granted an extension for its brief.
The Church had fled an Anti-Strategic
Lawsuit Against Public Participation motion
(Anti-SLAPP) to have the lawsuit dismissed
based on CSIs argument that its campaign of
harassment and surveillance against Monique
Rathbun and her husband, Marty Rathbun,
were First Amendment protected activities.
Marty Rathbun was once a high-ranking
member of the Church.
The Anti-SLAPP law is meant to protect
people who express their First Amendment
rights from being legally destroyed by bigger,
richer entities. During an Anti-SLAPP motion,
legal cases come to a screeching halt until
the matter is resolved. In February, Judge
Waldrip dismissed the Churchs claims. CSI
then appealed his decision to the Third Court
of Appeals, accusing Waldrip of showing a
disturbing anti-Scientology hostility by ruling
against the entity.
Also hung up in the Third Court of Appeals
is Waldrips order that Church leader David
Miscavige be deposed to answer questions
concerning jurisdiction. Miscavige has argued
that Texas courts have no jurisdiction over
him, claims contested by Rathbun. In April,
justices heard arguments concerning the
order for deposition. Arguing for Miscavige
was Wallace Jefferson who, until November,
was Chief Justice of the Texas Supreme Court.
Leslie Hyman argued on behalf of Rathbun.
The justices focused their questions on
rules regarding apex depositions, which is
when a leader of a business or organization
is deposed. Apex depositions are not allowed
when it is apparent that a CEO is being sued
only for the purpose of gaining more leverage
to force a settlement.
No decision will be made on Miscaviges
deposition until the court rules on the Anti-
SLAPP issue.
Nick Rogers covers courts and crime for the TX Citizen.
Due Process
WITH NICK ROGERS
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7pm
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11:30am
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8pm
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7pm
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8pm
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Watering Hole Saloon
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8:30pm
Gruene Hall
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1pm
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7:30pm, $5
The Pour Haus
Open Mic w/ Jon Magill
8pm
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6pm
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7pm
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9:30pm
Wed 7.2
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9pm
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8:30pm
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1pm
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7pm
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7pm
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Fri 6.27
Cheatham Street Warehouse
BIGfest
6pm
The Continental Club
Club Lineup:
The Blues Specialists, 3:30pm
Modrag
w/ Frank Mustard Project
10pm, $8
Gallery Lineup:
Robert Kraft Trio, 8:30pm
Mike Flanigin Trio, 10:30pm, $5
Floores Country Store
Curtis Grimes
w/ John Edward Baumann
8pm, $10-$12
Luckenbach Dance Hall
Jimmy Lee Jones
4pm
Almost Patsy Cline
8pm
Red Eyed Fly
Killing in Apathy, A God Unknown,
Silence in Apathy, Dark Helmet, Bluster
8pm, Outside
Sams Burger Joint
Joe King Carrasco
8pm, $15-$50
Stubbs BBQ
Phox
w/ Trails & Ways
8pm, Inside, $10
Sat 6.28
Cheatham Street Warehouse
BIGfest
12pm
The Continental Club
Club Lineup:
Redd Volkaert, 3:30pm
Bill Carter & the Blame
w/ Gene Taylor Blues Band
10pm, $10
Gallery Lineup:
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Weldon Henson
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9pm, Inside
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Dear Opa Esel:
I am an elderly gentleman and have
had a cell phone for some time. My
kids and grandkids send me texts made
up of combinations of punctuations
that make symbols. Many of them are
obvious, but there are many I dont
understand and am too self-conscious
to ask. Can you help?
Confused Grandpa
Dear Grandpa:
I would be happy to. Those little
punctuation symbols are called emoticons
and are usually a representation of emotional
states, such as :) which means happy.
However, these symbols have moved beyond
just a simple commentary on the writers
emotional state and have taken on more
complex meanings.
Emoticons are actually quite fascinating,
as we are seeing the creation of a new
language structure. We are certainly aware
of Egyptian hieroglyphs, but even Chinese
characters are also pictoglyphs whereby the
meaning of each character is conveyed by
a corresponding symbol, or picture. These
newer emoticons act the same way.
Here are a few of the more popular ones:
:o Just had prostate exam
@:) Hindu
@:( Unhappy Hindu
; / Too much plastic surgery
% Dude has messed-up eyes
?:) Bad comb-over
>< Dealing with cable company
:& Eating a big pretzel
:@ Eating a big cookie
:$ Eating a dollar sign
:8 Eating infnity
:*( Unexpected pimple on date night
;{ Porn stache
8> Boobs with plunging neckline
8< Still boobs, but in a different outft
# Side of Archie Andrews head
:~) Psst, your nose is running
$^#! I dont know how to do emoticons
<3, Karl
Dear Opa Esel:
While driving, I have noticed
some bizarre things on the roads.
What are some of the stranger things
you have seen?
Notices Weird Tings
Dear Weird Things:
When you drive along the main roads
and back roads of Comal County as long
as I have, you naturally would have seen
many things along the way. Sure, there are
the regular roadside items, such as shoes,
underwear and teeth, but I have defnitely
come across some odder things.
To be brief, I have seen giant squids,
Frank Sinatra, sheep with prosthetic limbs,
a pie made of gum, hillbilly clowns, ghosts,
slow children playing, heavily armed cats, a
young girl with rage issues offering psychiatric
services for a nickel, a Fish Man, an ax-
wielding Orville Redenbacher, ancient tomes
of terrifying spells, Moses, a train made of
sausages, enlightenment.
However, its still the teeth and underwear
that puzzle me the most.
Leibe, Karl
Karl Esel is a lifetime resident of our fair city, and is well
known for his sage advice on a wide range of topics. If
you fnd yourself perplexed with no one to turn to, send
your question to Opa Esel at: askesel@txcitizen.com.
Be sure to write Question for Opa Esel in the subject
line of your email.
ADVICE FROM
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MOST WANTED
$300
REWARD
COMAL COUNTY S
MEDELLIN, JESSE
RODRIGUEZ
Male 507 200 lbs
DOB: 01/01/1976
CHARGE: Possession
of a controlled
substance pg 1 under
1 gram and theft of
property under $1500
with 2 or more
previous convictions
CORTEZ,
JUAN ISRAEL
Male 506 150 lbs
DOB: 03/05/1981
CHARGE: Motion to
revoke probation for
possession of a
controlled substance
DELEON,
YOLANDA
Female 502 164 lbs
DOB: 09/13/1972
CHARGE: Motion to
revoke - theft of
property under $1500
with two or more
previous convictions
GONZALEZ-
MENDEZ,
ROBERTO
Male 507 155 lbs
DOB: 05/22/1981
CHARGE: Three
charges of aggravated
robbery
BAIER,
ADAM SAMUEL
Male 506 150 lbs
DOB: 12/04/1971
CHARGE: Violation of
conditions of
probation -
possession of a
controlled substance
MAGALLANES,
MARY AQUILAR
Female 500 180 lbs
DOB: 06/11/1966
CHARGE: Failure to
appear - driving while
intoxicated
MCGEE,
JUSTIN ANTHONY
Male 507 190 lbs
DOB: 07/05/1991
CHARGE: Two charges
of engage in organized
criminal activity
SHADOUH,
TRACY ANN
Female 504 183 lbs
DOB: 01/29/1984
CHARGE: Failure to
appear manufacture/
delivery of a controlled
substance
THOMAS,
STEVEN JOHN
Male 511 140 lbs
DOB: 10/27/1962
CHARGE: Unlawful
possession of a
firearm by a felon
PEINADO,
PEDRO RAMIREZ
Male 508 200 lbs
DOB: 09/24/1978
CHARGE: Driving
while intoxicated with
child under 15 YOA
The names listed have been released in accordance with the Texas Public Information Act. This is a true
and accurate account as of Monday, June 23, 2014 at 9:00 am and may not be current by the time it is read.
Do not try to apprehend anyone. These are listings of criminal warrants with the Comal County Sheriffs
Office and are not indicative of guilt or innocence. Officers are to verify the status of each warrant prior to
making an arrest. Any person is innocent of wrongdoing unless proven guilty in a court of law.
FOR INFORMATION LEADING TO THE ARREST OF COMAL
COUNTYS MOST WANTED. Callers will remain anonymous.
830.620.3400 - 24-Hour
830.620.3411 - Mon-Fri 8am to 5pm
CHENU,
DAVID
Male 509 135 lbs
DOB: 08/22/1978
CHARGE: Five
charges indecency
with a child/ sexual
contact and one
charge aggravated
sexual assault
By Gustavo Arellano
Dear Mexican: I think I might be
Mexicanbut there are some people
who might disagree. Being that you are
the source of all knowledge mexicano,
I thought I might ask you. Heres the
deal: My ancestors left the US in 1847
knowingly and entered recognized
territorio mexicano. Te U.S. and Mexico
were in the middle of a war. At the end
of that war, the US stole the land from
Mexico. Pero eso no es mi culpa, pues.
Sure my parents never identifed
themselves as Mexicans and most of
my ancestors havent either. But just
because I am not mestizo doesnt mean
I am any less Mexican right? I mean
if you have to be mestizo then there
are doubts about how full-bloodied
Mexicana Salma Hayek isand
everyone knows she is a mexicanaza.
Not to mention all those geros,
gabachos and gringos who emigrated to
Mexico in the last century, like Trotskys
daughter. Arent they Mexican?
Cotorreo en casa con mijita, and I
listen to El Tri, Los Tigres and Agustin
Lara. I know the diference between
jitomates and tomates. If you have to
be born in Mexico, then well, maybe
you, Te Mexican, arent Mexican
either, right? Oh, and by the way, I do
think we all can be americanos and
estadounidenses (Estados Unindos
Mexicanos no?). Oh, and by the way
we eat guajolote for thanksgiving, not
pavo so Im not a Spaniard. Maybe I
need to be twice as good of a Mexican to
be Mexican though. Gotta go plan that
Doce de Diciembre festa.
Semilla de Cacao (White Outside,
Brown Inside)
Dear Cacao Seed Gabacha Mexicana:
As Ive written before, some of the ms
chingones Mexicans I know are pure-blooded
gabachos; some of the biggest Mexican frauds
Ive encountered are fresas from Jalisco. Ive
discovered that were far more accepting of
gabachos who try to pass themselves off as
Mexican than pochos who might proclaim
their love for the patria yet dont speak perfect
Spanishthats why Morrissey, Charles
Bronson, Benny Hill and even that pendejo Rick
Bayless, for instance, are honorary Mexicans,
while a Chicano four generations removed is
derided as a phony. And now you know why
Mexico cant get its pinche act together
Dear Mexican: When I set
decorative-type items with rectangular
basessay, square vases or square
Limoges boxeson tables or cabinets, I
set them so the straight lines of the box
or vase are parallel with the straight
lines of the table or cabinet. Sort of like
when I put a stamp on a postcard, I try to
make the corner of the stamp match the
corner of the postcard.
Now, I have had multiple Mexican
maids over the years, and one curious
thing to me is how most of them will
take those vases and boxes and tissue
dispensers, and turn them askew, so
the box or vase edge is at an angle
to the table edge. Its like they take
horizontal Washington Monuments and
tilt them into Leaning Towers of Pisa.
Its happened enough I know this is an
aesthetic Mexican preference, and not
an accident. Is there a cultural reason
for this Mexican askew preference? Or
is it just an unexplainable quirk?
I Ask You About Askew
Dear Gabacho: Same reason why we
paint our houses garish colors, hang portraits
of a bleeding Jesus in our living rooms, and
put bull stickers on our truck: askew is for those
who know how to live. Straight lines is the
domain of gabachosand the only people
pendejo enough to want to live like them are
people who think Ted Cruz is this countrys
brown Messiah.
ASK A MEXICAN! VIDEOS ARE BACK!:
Gentle cabrones: after a years-long hiatus,
Ive relaunched the video version of this
columna. Follow my weekly rants on Twitter
by clicking the hashtag #askamexican and
ask away. Enjoy!
Ask the Mexican at
themexican@askamexican.net,
be his fan on Facebook, follow him on
Twitter @gustavoarellano or follow him
on Instagram @gustavo_arellano!
ASK A MEXICAN!
!
TXCITIZEN.COM 13
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