by Mark Smiley | Oct 2, 2018 | Feature Story Bottom Left
by Ed Mate, Executive Director of the Colorado Golf Association
Serena Williams’ latest display at the U.S. Open was… (blank). You tell me. As I watched this bizarre finish to a grand slam tennis final unfold, I know several adjectives came to mind. Rather than defending or criticizing her behavior in this forum, I would rather look at what this incident says about today’s athletes and the broader attitude toward referees in our culture. And as executive director of the Colorado Golf Association and a student of the rules of golf, I am interested in looking at how the uniqueness of the rules of golf are more and more at odds with our “modern” attitude toward sport and specifically toward the enforcement of rules.
For the past several weeks the Colorado Golf Association has been releasing a series of videos highlighting the upcoming changes to the rules of golf that will take effect on January 1, 2019. The rules of golf have been completely rewritten in the past six years and the much-anticipated 2019 rule book has been released. This project was the most far-reaching and ambitious rules project ever undertaken at one time by the United States Golf Association and Scotland’s Royal and Ancient in the many years the two organizations have co-authored the rules. The moniker that has been attached to this project has been “Rules Modernization.”
The term “modernization” was not the first choice to label this top-to-bottom rewrite of golf’s ancient code. The term emerged during the process as a reaction to the first choice of “simplification.” As the project unfolded it became very clear that the end result would not produce a “simple” rule book. The game of golf is played on the most varied and complex “court/field / arena” in all of sport. No two golf courses are the same, all circumnavigate hundreds of acres and are cut through forests, deserts, sand dunes and any other natural topographical features that lend themselves to chasing a white ball. As a result, the rules have to accommodate for infinite nuance and eventualities that can come into play when a ball is turned loose and allowed/required (unless you are Phil Mickelson — see 
2018 U.S. Open — but that is another story) to come to rest with only the forces of nature and fate determining its final resting place. So, since simple was not possible, the term modern was chosen — and it stuck.
Personally, I think “modern” is the perfect word to describe the new rule book, but not necessarily for the reasons you might think. For most, the first meaning that comes to mind for the word “modern” is “in step with the times,” “relevant to today’s world,” “up-to-date.” Unless you are a stick-in-the-mud “modern” is good … right? When you look at the changes to the 2019 rules of golf you will find a kinder and gentler game of golf. Many one-stroke penalties have been eliminated in the name of “fairness” and “equity.” This is most certainly a “modern” concept. The word “unfair” has come to mean “anything that happens to me that I don’t like.” I have had many conversations over the past two decades with my two children who have certainly grown up with this notion. Taking responsibility for your actions and accepting the results of tough situations is as en vogue today as churning your own butter. Call me a curmudgeon, but there is a lot to be learned from accepting what life hands us with dignity and resiliency. Despite the softening of this concept in the 2019 rules of golf, I believe the game continues to test us in this manner better than any other sport. The simple fact that in golf we have to allow a ball to come to rest without intervening (see helicopter parents) is a great metaphor for life. And most importantly, golf is the one sport where you call penalties on yourself. There is no referee looking over your shoulder to throw a flag or blow a whistle.
Which brings us back to Serena. If you listen to her tirade (I am sorry that is what it was) the one word she used over and over was “unfair.” Was it? Was it “unfair” that an umpire enforced a rule based on his observations from the chair, a job he was doing to make sure the skill of the players determined the winner? Based on the reaction of the N.Y. fans, it seemed clear to me that most of us “modern” folk are on Serena’s side. Oh well, I’ll leave it there — I have some butter to churn.
Ed Mate served on the USGA Rules of Golf Committee for the past three years as a member of the committee who helped develop the updated and revised rules of golf that will become effective on January 1, 2019.
by Mark Smiley | Aug 24, 2018 | Feature Story Bottom Left
Show In New Colfax Space Has Stunning Photomontages, Exquisite Geometric Images Plus Paintings, Glass Sculpture
Reopening on East Colfax in June, the Robert Anderson Gallery will debut its second show in the new space Sept. 14 with an opening reception from 5 to 8 p.m. On display through October, the exhibition is featuring the unique photomontage work of Patti Barry Levy, the exquisite geometric images of Lauri R. Dunn, and the striking paintings and glass sculptures by Ana Maria Botero. Located in Cherry Creek for several years, the galley reopened in a much larger space at 3321 East Colfax adjacent to the historic Bluebird Theater.
The apparent emptiness of the grasslands east of artist Patricia Barry Levy’s Denver home hints at intriguing tales, possible and impossible scenarios. With degrees in history and photography she has been using her computers to make images since 2005. Show attendees will see how she uses photomontages to merge reality and fantasy to tell stories that give viewers a voyage into the imagination. Viewers will be equally entertained by the geometric images of artist Lauri R. Dunn. With a BFA in Photography from Maryland Institute’s College of Arts, she teaches art in Jefferson County Public Schools.
Also on display are striking paintings and glass sculptures by Ana Maria Botero. A wife, mother, architect and artist, she was born in Bogotá, Colombia, where she lived and worked as an architect until 2001 when she relocated to Florida. Moving to Colorado in 2015 she started painting. Although she still loves architecture, her hobby is now her passion. Also on display will be selected vintage images by Carleton Watkins, Nick Brandt and others. Information: 303-257-0684.
Landscapes-Garden Show
Old South Gaylord’s popular gallery Arts at Denver is showing the work of four guest artists in September. The exciting show titled “American Fauves: the Wild Ones,” features American Landscapes and Gardens.
Three are out-of-state artists plus Colorado’s David W. Mayer from Lafayette. The other artists are Erin Hanson from California, Cynthia Rosen from Vermont, and Heather Arenas from Florida.
Attendees will discover the contemporary im
pressionism oil painting of California-based Hanson. She developed the Open Impressionism movement that is now taught in art schools worldwide. Also on display will be work by gallery artists Michael Clark and Margaretta Caesar. Information: 303-722-0422.
Antique Maps & Prints
Cherry Creek North’s Philadelphia Print Shop West has relocated from Fillmore St. to 2830 E. 3rd Ave. The new location is on the 2nd floor of the building housing Cherry Creek Framing where they share space.
Visitors can browse through a collection of more than 10,000 antique maps and prints. There is also an array of related reference works, rare plate books and atlases.
Owner Christopher W. Lane was a partner in the Philadelphia Print Shop until he moved to Denver when his wife, Dr. J. Lindsey Lane, took a job at Children’s Hospital. He continues to appear as an expert appraiser on the PBS program Antiques Roadshow. Information: 303-322-4757.
Quick Sketches
The Truth of Nature, the biggest Claude Monet exhibit in decades, is coming to the Denver Art Museum in October 2019.
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CRUSH — the largest independent graffiti and street art project and event in the Valley — is recipient of the Arts & Culture Innovation Award. Founded by Denver graffiti artist Robin Munro, CRUSH has been on the streets of the RiNo neighborhood since 2010. Originally centered within the EXDO Event Center, the event relocated three years ago to the long alley between 26th and 27th St. and Larimer and Walnut St., n
ow dubbed Art Alley.
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The Art Institute of Colorado closed Aug. 28 eliminating 160 jobs. The school on Lincoln St. was among 50 being shut down nationwide. The campuses have been sold to an affiliate of Los Angeles-based Pentecostal organization.
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The largest gift of European Old Masters since receiving the Kress Collection in the 1950s has been donated to the Denver Art Museum. The donation of British masterworks is from the Berger Educational Trust. The donation of 65 works will enhance the North Building set to reopen in 2021.
by Mark Smiley | Jul 20, 2018 | Feature Story Bottom Left
JCC Campus Renewed: An alliance of donors is infusing millions of dollars into the Staenberg-Loup Jewish Community Center by purchasing the recently renovated JCC campus located at Leetsdale and South Dahlia St.
Rose Foundation Subsidiary Will Hold Property; Leaseback Deal Eradicating JCC’s Long-Term Debt
An alliance of donors is infusing millions of dollars into the Staenberg-Loup Jewish Community Center by purchasing the JCC campus located at Leetsdale and South Dahlia St. The coalition — including the Rose Community Foundation, Mizel Family Foundation, Michael Staenberg and the Sturm Family — is purchasing the campus and leasing it back for $1 per year, eradicating its long-term debt.
Purchase of the campus will enable the Denver JCC to repay its $14.3 million in debt accumulated since the 1990s, plus put aside reserves for deferred maintenance needs, and provide for a financially sustainable future. As part of the deal, the current JCC Denver board has agreed to step down and a new board will be installed, chaired by Don Kortz, founder of the Rose Community Foundation and its first president and CEO.
The property will be held in a nonprofit subsidiary of Rose Community Foundation solely for the exclusive and perpetual benefit of the JCC Denver. The Foundation’s nonprofit subsidiary, will be chaired by Foundation Trustee Jerry Glick and comprised of volunteer real estate experts from the Rose Community Foundation Board. The deal is a 100-year lease agreement with the JCC Denver.
Best-Laid Plans: This schematic drawing shows the $50 million construction project planned at the JCC campus in January 2016. The plan fizzled when contractor bids came in above expectations and a campus renewal plan was launched in its place.
Programming Unleashed
“On behalf of our staff, outgoing board and membership, we are grateful for this unprecedented generosity and lifeline,” says Lara Knuettel, CEO of the JCC Denver. She has been leading the organization’s turnaround since August 2017. “This financial stabilization combined with new staff, a new board and renewed community engagement will propel the JCC Denver forward into a new era.”
New Board Chair Kortz adds, “I look forward to working with Lara and the highly qualified management team she has been building to ensure the JCC Denver continues to grow, thrive and serve even more community members with excellent programming for people of all ages.” The two agree the JCC Denver’s programs in early childhood education, family engagement, Jewish arts and culture; fitness and wellness, service to older adults and multi-generational community building is essential to the community.
“While the JCC Denver serves the broader community as a whole, it has long been a vital heart of — and portal into — the Jewish community,” adds Lindy Eichenbaum Lent, Rose Community Foundation’s president and CEO. “It is because of the JCC’s unique nature as a critical Jewish community asset that the Foundation is playing a role unlike any we have taken on before or will take on again. This new era of financial stabilization and leadership will unleash additional philanthropy from the community and allow the JCC Denver to continue expanding its diverse programming for the benefit of the community — from babies to older adults — for generations to come.”
Cool, Colorful Interiors: New paint, fixtures and lighting have given interiors of buildings at the JCC a cheerful, colorful look. Interior design of spaces provides an aesthetically pleasing environment for the people using the J’s facilities for educational, cultural and recreational programs.
Renovated Campus
Readers will recall that as 2016 got underway the JCC announced plans to launch a $50 million three-to-five year construction program with plans to build a half-dozen new facilities on the campus (Chronicle, Jan. 2016). The massive plan included a new indoor tennis facility at the foot of the Greek Orthodox Church. Contractor bids for that project, however, came back significantly higher than expected and the Board decided on a campus restoration-renovation undertaking instead. Renewal and repair work in a variety of different areas throughout the interior and exterior of campus buildings were completed in 2017. Improvement to the campus grounds included redoing the parking lots. Parking spaces were made larger plus additional spaces added.
Renovation included creating an entirely new Early Childhood Center wing, which added five new classrooms. The existing wing was updated with new paint, fixtures, and lighting. One of the existing playgrounds also received new landscaping. Update to the exterior of campus buildings including painting, adding new signage and new landscaping. Sliding doors were added to the campus main entrance and pillars removed to open up the lobby-reception area. Improvement also included enhanced security, an updated heating, ventilating, and air conditioning (HVAC) system plus energy efficient lighting and new artwork.
Remodeling also took place in several areas of the Fitness & Wellness Center including renovating the men’s and women’s locker rooms, creating a new childcare drop-off center with access to an outdoor space, adding massage rooms to enhance wellness offerings, purchasing new state-of-the-art-cardio equipment plus creating a new group cycling room and updating the HVAC system. New backdrops, ceiling and LED lighting were added at the Tennis Center. The Center offers top-of-the-line tennis lessons, classes and leagues to every level of tennis lover. The spanking-new Aquatics Center has both inside and outdoor pools that are heated to keep swimmers cozy no matter what the weather.
Building Support
A grant provided by the Rose Community Foundation to the JCC Denver enabled the organization to complete a market study and business plan to support its ongoing sustainability. The market study revealed that the JCC’s eight program areas are competitive and have the potential to grow and enhance viability.
While this is a historic milestone for the JCC, both Lara Knuettel and new Board Chair Don Kortz, say they recognize they still have work ahead to build the confidence, trust, and support of members, friends, and partners. They believe, however, that this transaction is one step in the right direction.
“Our mission continues to be to create a vibrant, inclusive family and social gathering place that provides educational, cultural, and recreational programs that serve and strengthen the community, guided by timeless Jewish values,” the pair concludes.
by Mark Smiley | Jun 28, 2018 | Feature Story Bottom Left
by Charles C. Bonniwell
Cherry Creek Valley resident Jim Bunch was recently inducted into the Colorado Golf Hall of Fame at a dinner held at the Sanctuary Golf Course in Castle Pines, Colorado. Bunch, a longtime member of the Denver Country Club (DCC), was inducted for his prominent roles with the United States Golf Association (USGA) and the Western Golf Association (WGA). He was the first head of WGA based in Chicago, Illinois, from Colorado since DCC member and legendary golf executive Frank
Inductee: Jim Bunch, a recent inductee to the Colorado Golf Hall of Fame, at the Royal and Ancient Golf Club of St. Andrews (Scotland) at which he is a member.
Woodward in 1912.
A prominent attorney and investment banker in Colorado, Bunch was originally from Chicago, where began his love affair with golf at age 12, being a caddy at various clubs in the Chicago area. He was a protégée of the late Will Nicholson, a Denver banker and USGA president, whose father was mayor of Denver. Bunch recalled at the dinner that Nicholson approached him about being on the USGA Executive Committee, telling him it would involve about two weeks a year of his time. Bunch soon discovered he was spending 150 nights a year on the road performing USGA related work, often largely at this own expense.
As an Executive Committee member, Bunch was expected to be an expert on the Rules of Golf. He was an important rules official at the United States Open and The Masters for almost a decade. In addition, he was tasked in making important rulings across the world in conjunction with the Royal and Ancient Golf Club of St. Andrews, Scotland where he became a member. He recalls getting a call from Ireland for a ruling in an important event where a competitor hit a mushroom thinking it was his golf ball. Bunch’s alternatives were: (1) no penalty; (2) a shot for making a swing; or (3) a two-stroke penalty for hitting the wrong ball. He declared it was (2) a missed stroke, a ruling which was not free of dispute to this day.
At his first event as a rules official at the U.S. Open he was assigned the group which included Tiger Woods. When Woods found out this was Bunch’s first assignment at the U.S. Open, he sternly admonished him: “Don’t screw up!” Bunch notes that Woods could not h
Presentation: Jim Bunch as Chairman of the Board of the Western Golf Association awards the winner’s trophy for the 2012 BMW Championship (formerly the Western Open) to Rory McIlroy.
ave been more of a gentleman during the round.
After finishing his term on the Executive Committee of the USGA, Bunch became the Chairman of the Board of the Western Golf Association. The Association runs, inter alia, the PGA Tour event the BMW Championship, formerly known as the Western Open which was first contested in 1899. It is the second oldest event involving professionals in the United States after the U.S. Open.
A key aspect of the WGA is administrating the Evans Scholarship program where eligible caddies can earn full scholarships to four-year universities. Since founded in 1930 by U.S. Open and U.S. Amateur winner Chick Evans, it has produced more than 10,600 alums. As Bunch stated, “Caddying is in my DNA . . . The Evans Scholars program is one of the great things golf has done. It changes lives for families. When you’re touching lives, I can’t think of any thing more worthwhile as a golfer.”
Rubbing Elbows: As a member of the Executive Committee of USGA for almost a decade and Chairman of the Western Golf Association Jim Bunch has gotten to know the greats of golf including Jack Nicklaus.
At the University of Colorado winners of an Evans scholarship stay at an elaborate home in Boulder by the University, owned by the WGA. It has recently undergone a $1 million renovation thanks to Bunch and many others.
Looking back over his 75 years, Bunch believes his volunteer work with the USGA and WGA were some of his most wonderful and fulfilling aspects of a long and productive life. “There is nothing quite like giving back to a game and people you love,” he noted.
by Mark Smiley | May 25, 2018 | Feature Story Bottom Left
by Mark Smiley
Gold Medal: The Bull & Bush accepted the Gold Medal for their Big Ben Brown Ale at the 2018 World Beer Cup award ceremony on May 3, 2018. Photo © Brewers Association
Bragging Rights: Gabe Moline, Master Brewer at the Bull & Bush is proud of the recent Gold Medal for Big Ben Brown Ale. He now boasts the best brown ale in the world until the next competition in 2020.
The Bull & Bush Brewery, a staple in Glendale for 47 years, competed in the 2018 World Beer Cup in Nashville, Tenn., and brought home the Gold Medal in the English Brown Ale category at the May 3, 2018, ceremony. It is the fifth World Beer Cup Gold Medal the Bull & Bush has won since they started brewing beer in 1997.
“What’s really important is winning consistently,” said Erik Peterson, co-owner of the Bull & Bush. “Winning an award on a consistent basis is huge.”
“There are a lot of guys in that room just wanting to get something,” said Gabe Moline, Master Brewer at the Bull & Bush. “Everybody works hard on their beers.”
The World Beer Cup is sponsored by The Brewers Association (BA), the not-for-profit trade association dedicated to small and independent American craft brewers. The ceremony which is held every two years is the largest competition to date; the awards were presented at the conclusion of the Craft Brewers Conference & BrewExpo America® at Music City Center in Nashville.
Breweries from 15 countries received medals and the average number of beers entered per category was 82 (up from 69 in 2016). In 2018, 295 judges came from 33 countries and 72% of the judges came from outside the United States. 28% of the judges came from the U.S. On top of that, there were 101 categories of beer in the competition.
8,234 beers from 2,515 breweries entered the competition. Brewers were allowed to enter four beers. The Bull & Bush faced competition from over 90 other breweries and after not winning any medals for the other three beers entered, they knew they had one more chance at a medal before being annou
Best in the World: The Big Ben Brown Ale has been brewed at the Bull & Bush for almost 20 years. It picked up a Gold Medal at the 2018 World Beer Cup in Nashville.
nced the winner of the Gold Medal.
“The competition is getting so big and any kind of award is truly stunning anymore,” said Peterson. Since winning, requests have come in from tap houses to carry the gold medal beer. Big Ben Brown Ale is bottled and sold in local liquor stores.
For more information on the World Beer Cup, visit worldbeercup.org and for the Bull & Bush, visit bullandbush.com. Their brewery is located in the village of Glendale at 4700 Cherry Creek Drive South.
by Mark Smiley | Apr 27, 2018 | Feature Story Bottom Left
I have often said that the internet has done more to divide and enrage us as a society than most people probably anticipated when Al Gore created it. The power of social media can be great when we get constant feeds of kittens playing with giant balls of twine, but usually it’s just people screaming about guns, Trump, the police and how cruise ships are filled with dangerous viruses. Honestly can anyone tell me that we are truly better off with the internet than we were before it? We are a bunch of whining, celebrity-obsessed, political junkies who use this little handheld device to try to convert those who have opinions different than our own, and we wield this power with extreme prejudice.
BUT, and this is a big BUT, there are a few AWESOME things that have emerged from the internet cesspool. In my opinion the very best thing the internet and our cell phones have given us are ride-sharing apps like Uber and Lyft. These apps have allowed so many people access to fast, reliable, cheap transportation that didn’t previously exist in cities like Denver, Des Moines or Detroit.
Sure, if you live in Manhattan or Chicago there are taxis everywhere (if they are willing to pick you up), but in most cities the wait for a taxi can be too long and the prices too arbitrary. Uber/Lyft have an ingenious product that allows us to quickly get a ride, allows us to know who the driver is before the car arrives (and how other passengers have rated the driver), and even lets us know the price before we order the ride.
Plus it allows people who need full or part-time work an opportunity to make some money on a schedule that works for them. Unlike taxi drivers, Uber/Lyft drivers know who they are picking up and they can decide based on the passenger rating if they even want to pick them up. While it is not a perfect system, it has significantly reduced the amount of DUIs we have seen in our office as many people would prefer an easy, cheap ride compared to an expensive, life-changing DUI. This is technology working for us in a self-contained system that makes sense and is easy to use and understand. Hooray Uber/Lyft!
However, the influx of paid drivers on the roads has not been without the drawbacks. While our law firm has seen a decrease in DUIs (That’s a Good Thing!) we have seen an increase in automobile accidents that occur where our clients are either passengers in an Uber/Lyft, have been hit by an Uber/Lyft driver, or are Uber/Lyft drivers themselves and have suffered injuries.
So, the question we are often asked is: “Can I file a claim against Uber/Lyft for these injuries?” And the answer is absolutely YES. In fact, Uber/Lyft acts just like any other business. These are massive companies with significant liability insurance policies in case you have suffered a bad injury (as a passenger or while driving your own car). In addition, and this is critical, you can still use your own medical payment coverage on your auto policy to help defray the costs of medical expenses while the case is resolving.
Further, in catastrophic injury claims your own underinsured/uninsured motorist (UM/UIM) coverage can also work in conjunction with Uber/Lyft’s coverage to maximize your recovery. As I’ve stated many times before, when discussing automobile insurance, the best investment you can make for yourself and family is to purchase as much UM/UIM coverage as possible through your own auto policy. Trust me. I’m not an insurance broker, I don’t make a penny if you buy more insurance, but I have seen the effects of what happens when insurance brokers don’t do their jobs correctly. Remember: Purchase the maximum medical payment coverage and maximum UM/UIM coverage available.
If you are an Uber/Lyft driver you might need help too. We have represented many of you who were injured by another careless driver and you have the right to recover for your injuries. Be aware that your own personal automobile policy may NOT offer you the same medical payment or UM/UIM benefits if you were driving your car for Uber/Lyft at the time of the accident.
Automobile insurance carriers are getting smarter (and cheaper) and they don’t want to act as your worker’s compensation in the event of a workplace accident. It’s important you understand your coverages in the event you are involved in a catastrophic accident. The worst time to find out you have bad insurance coverage is after the accident has already occurred. And don’t think for a second that Uber/Lyft will pay you work comp benefits if injured, this is usually an add-on you need to have purchased through the company.
So, to the thousands of you using Uber/ Lyft in the Denver metro area I say good job! Way to be responsible. The other drivers who are busy tweeting obscenities, smoking weed or taking selfies never think about how their bad decisions could ruin another person’s life. For all the bad the internet has given us it’s nice to have a few products out there that make a real difference in our lives. But if you are involved in an accident in any fashion with an Uber/ Lyft driver (or a taxi cab for that matter) you have options and we would be happy to help you! Now you can resume your normal internet surfing.
Danny is a managing partner of Foster, Graham, Milstein & Calisher (FGMC). His practice focuses on personal injury. The law firm of FGMC, located in Cherry Creek, is a full service law firm focusing on: criminal defense, personal injury, real estate, litigation, liquor licensing, construction law, tax/estate planning, bankruptcy and zoning. This article does not create an attorney-client relationship and is for informational use only (what do you expect from an attorney!)
Danny Foster, Esq.
