Bush deploys military in the US for active duty as federal response force

Sunday, October 12, 2008

United States President George W. Bush deployed the 3rd Infantry Division’s 1st Brigade Combat Team to a new role on United States soil last Wednesday, training for dealing with national crises. Critics claim that act of the Executive Branch violates the Posse Comitatus Act, which prohibits military participation in domestic matters.

In 2007, the John Warner National Defense Authorization Act was introduced; it overturned the Posse Comitatus Act by allowing the Commander in Chief to suppress ‘insurrection’ and ‘restore order’. When it was repealed in 2008, Bush stated that he did not respect the later repeal.

The combat team, renamed CCMRF (C-hemical, biological, radiological, nuclear and high-yield explosive C-onsequence M-anagement R-esponse F-orces), has been assigned for year-long duty and training at Fort Stewart to prepare them for “civil unrest and crowd control or to deal with potentially horrific scenarios” such as security or natural disasters. After a year, a new unit will take its place.

CCMRF will be under the control of the Northern Command (NORTHCOM), and now has the same legal authority as a unit deployed to Iraq under the direct control of the Executive Branch. The unit will have use of engineer and medical units, the Marine Corps Chemical, Biological Initial Reaction Force, and a Navy weather team, as well as members of the Defense Logistics Agency and the Defense Threat Reduction Agency. A spokeswoman for NORTHCOM added that both wheeled and tank vehicles would be available for the CCMRF.

In July the unit was assigned a new commander, Col. Roger Cloutier. “If we go in,” he said proudly of the deployment, “we’re going in to help American citizens on American soil”. CCMRF will be training in both traffic and riot control equipment, and will be the first to use the Army’s new nonlethal package, which is intended for war-zone and not domestic use.

NORTHCOM’s September 30th statement includes a quote attributed to “future operations division chief” Colonel Michael Boatner saying, “This response force will not be called upon to help with law enforcement, civil disturbance or crowd control, but will be used to support lead agencies involved in saving lives, relieving suffering and meeting the needs of communities affected by weapons of mass destruction attacks, accidents or even natural disasters.”

The action has raised concerns for some citizens like journalist Naomi Wolf, an author critical of the Bush administration, who referred to the deployment as a ‘coup’ in a well-circulated viral video and issued Americans a call to action.

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NORTHCOM is a joint command established post-9/11 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities. When Hurricane Katrina damaged Mississippi and Louisiana, several active-duty units were pulled from various posts and mobilized to those areas, but were not assigned to NORTHCOM, but instead individual commands under provisional authorities.

Military officials have not yet responded to a request for comment.

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City of Edinburgh Council seek to improve local music scene

Tuesday, November 18, 2014

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Yesterday evening saw the Usher Hall in Edinburgh host a meeting between representatives of the City of Edinburgh Council (CEC) and the local rock and pop music scene. The meeting was dominated with local musicians’ complaints over the “zero tolerance” policy Edinburgh is viewed as having adopted towards amplified music.The meeting began with the leading panel — Norma Austin Hart, vice-convener for Culture and Sport; John Stout, promoter from Regular Music; Kevin Buckle, of local store Avalanche Records; and Karl Chapman, manager of the Usher Hall — introducing themselves and outlining the purpose of the meeting. This being best-summarised as a desire to emulate the vibrant music scene of places as far-flung as Austin, Texas and Sydney, Australia.

Councillor Hart indicated officials from Austin had already offered to get involved in improving the live music scene in the city; although none were present from Austin, US-born local musician Pat Dennis provided his frank opinion on where Edinburgh fails to nurture the local music scene: that failure to support a grass-roots, small venue, music scene prevents the city being capable of organising events similar to Austin’s South by Southwest festival outwith August, when Edinburgh hosts the Festival and Fringe.

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Coming in for the lion’s share of criticism, staff from CEC’s Licensing Board were visibly uncomfortable when the topic of the “single complainant” was brought up time and time again. Unlike any other business within the city, or residential properties, noise pollution within premises permitted to sell alcohol is not managed by environmental health staff. That responsibility is bundled with the alcohol license, which leaves publicans fearful that their premises will be forced to close if they do not comply with demands to cease use of any amplification, or hosting live music. This was characterised as a ‘tyranny of the minority’, a most-undemocratic approach where one person — for example, recently moved into a property adjacent to a long-established premises hosting live music — could force the closure of a business which has hosted local talent for 30+ years.

Taking heed of the strength of feeling from the majority present, Councillor Hart made a number of personal commitments towards the end of the meeting. Those included setting up a working group, Music is Audible, to look at how the council could better work with venues, and to have a follow-up meeting in March next year.

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U.S. Army Surgeon General: Many soldiers with personality disorders can perform well

Saturday, July 8, 2006

The U.S. Army’s surgeon general, Lt. Gen. Kevin C. Kiley, told reporters Friday that soldiers exhibiting personality disorders would not be automatically discharged because many can continue to perform their duties well. However, the army did discharge more than 1,000 soldiers last year for personality disorders. Among them was Steven Dale Green, who now stands accused of raping a young Iraqi female and murdering her and her family.

Kiley also said; “There is something very demanding and tough about being in combat. And anything that would be perceived as being weak and not ready and tough carries with it some stigma.”

U.S. Defense Department officials announced last month that they have set up a task force to study the mental health of American troops. The 14-member Mental Health Task Force’s primary job is to produce a required report for Defense Secretary Donald Rumsfeld and Congress before June 2007 that lays out a long-term plan to improve the effectiveness of the military’s mental health treatments, according to a Pentagon press release.

On May 4, prior to the creation of the task force, U.S. Senator Barbara Boxer said the military faces a “mental health crisis” and criticized the Pentagon for inaction. In a letter to Rumsfeld, Boxer noted that 25 soldiers committed suicide in Iraq and Afghanistan in 2005, up from 20 soldiers the year before.

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Wikinews interviews William Pomerantz, Senior Director of Space Prizes at the X PRIZE Foundation

Regardless of who wins the prize, people all around the world will be able to experience the mission through high-def video-streams.
Saturday, August 28, 2010

Andreas Hornig, Wikinews contributor and team member of Synergy Moon, competitor in the Google Lunar X Prize, managed to interview Senior Director of Space Prizes William Pomerantz of the X PRIZE Foundation about the competitions, goals, and impacts via e-mail for HDTVTotal.com and Wikinews.

By Wikinews,

the free news source

Other stories: Science and technology
  • 5 March 2019: SpaceX Crew Dragon capsule docks with International Space Station
  • 23 February 2019: Zebra stripes may ‘dazzle’ pathogen-packing horse flies, say scientists
  • 11 February 2019: Pioneering oceanographer Walter Munk dies of pneumonia in California
  • 27 January 2019: Male Magellanic penguins pine for pairings: Wikinews interviews biologist Natasha Gownaris
  • 26 January 2019: US study finds correlation between youth suicide, household gun ownership

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Previous coverage
  • “Japanese probe snatches first asteroid sample” — Wikinews, November 26, 2005
  • “$20 million prize offered in lunar rover contest” — Wikinews, September 13, 2007

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This exclusive interview features first-hand journalism by a Wikinews reporter. See the collaboration page for more details.


This article is part of a page redesign trial on Wikinews. Please leave comments or bug reports on this redesign.This interview originally appeared on HDTVTotal.com, released under the Creative Commons Attribution 3.0 license. Credit for this interview goes to HDTVTotal.com and Andreas -horn- Hornig.

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The Importance Of Roofing Repairs In Hendersonville

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The biggest investment most people will ever make is their home. The last thing a homeowner wants to hear is that they will need to have work done on the property. By being proactive and keeping on eye on their roof, homeowners and business owners will know when to call for Roofing Repairs in Hendersonville. This short guide will help them learn more about their roof.

Look For Warning Signs

[youtube]http://www.youtube.com/watch?v=df60dtv9Oq8[/youtube]

When looking for any signs of trouble in a roof, the age of the roof must be considered. Roofs generally last anywhere from 20 to 25 years. Anything beyond that is a sign a new one is needed. Knowing if the roof was ever removed and covered with another layer of shingles is another warning sign as well as if there are many shingles missing or if the gutters are loaded with shingle granules.

Check for Leaks

The primary role of a roof is to keep the elements out of a house, so that a leaky roof can be a major cause of concern for any homeowner. It is wise for anybody who owns a home to be diligent in checking for leaks. When a leak goes undetected for too long, it can cause damage inside the home as well as cause mold to form. This would require Roofing Repairs in Hendersonville to be a necessity. Leaks can also damage wallboard or ceilings, both of which can be costly and time-consuming to repair.

A Solid Roof Will Keep a Business Running

Commercial buildings usually have a much different roofing system than residential properties. These structures usually have flat roofs with a rolled surface, generally made of rubber. These types of roofs have to be maintained very carefully, as they can retain snow and water. While flat roofs do indeed drain, it happens in a less-efficient manner than pitched roofs. Commercial roofing systems tend to last longer when maintained properly.

Deal With a Local Leader

Customers in Tennessee want to find a roofer with over 100 years of experience. Log onto Heparmer.com to see an example of a company that provides expert roof repairs, installation, and maintenance to keep roofs in premium condition. The only use the highest quality materials and advanced techniques to satisfy their customers.

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Buffalo, N.Y. hotel proposal delayed further

Buffalo, N.Y. Hotel Proposal Controversy
Recent Developments
  • “120 year-old documents threaten development on site of Buffalo, N.Y. hotel proposal” — Wikinews, November 21, 2006
  • “Proposal for Buffalo, N.Y. hotel reportedly dead: parcels for sale “by owner”” — Wikinews, November 16, 2006
  • “Contract to buy properties on site of Buffalo, N.Y. hotel proposal extended” — Wikinews, October 2, 2006
  • “Court date “as needed” for lawsuit against Buffalo, N.Y. hotel proposal” — Wikinews, August 14, 2006
  • “Preliminary hearing for lawsuit against Buffalo, N.Y. hotel proposal rescheduled” — Wikinews, July 26, 2006
  • “Elmwood Village Hotel proposal in Buffalo, N.Y. withdrawn” — Wikinews, July 13, 2006
  • “Preliminary hearing against Buffalo, N.Y. hotel proposal delayed” — Wikinews, June 2, 2006
Original Story
  • “Hotel development proposal could displace Buffalo, NY business owners” — Wikinews, February 17, 2006

Friday, March 10, 2006

Buffalo, New York —The Common Council of Buffalo voted on Tuesday to send the Elmwood Village Hotel proposal “to committee for further discussion”, after citing the need for more public involvement.

The Elmwood Village Hotel is a development proposal by the Savarino Construction Services Corporation, a project designed by the architect Karl Frizlen of The Frizlen Group. The hotel would be placed on the southeast corner of Elmwood and Forest Avenues in Buffalo.

To make way for the project, at least five buildings located at 1109 to 1121 Elmwood Ave would be demolished. At least two properties on Forest Avenue could also be demolished. The Elmwood properties, according to Eva Hassett, Vice President of Savarion Construction, are “under contract”, but it is unclear if Savarino Construction actually owns the Elmwood properties. Hans Mobius, a former mayorial candidate, is still believed to be the current owner the properties. Mobius also owns 607 Forest Avenue.

The properties 605 and 607 Forest Avenue could also be included in the proposal according to Hassett.

“We would use a Special Development Plan to rezone 1119-1121 Elmwood and 605 Forest to a C-2 zoning category,” stated Hassett. It is possible that Savarino Construction may try to obtain a variance for 605 Forest, which would allow them to enforce eminent domain, should the hotel be allowed to go forward.

The building at 607 Forest was also discussed to be rezoned, but it is unclear what the plans would be for that property. During the February 28 Common Council meeting, Hassett stated that the properties 605 and 607 were “now off the agenda”.

Pano Georgiadis, owner of Pano’s Restaurant at 1081 Elmwood, owns the property at 605 Forest and attended Tuesday’s Common Council meeting.

“Having a hotel is a bright idea. We all love the idea of a hotel, but the way that it is presented, is wishful thinking. This hotel does not fit. It’s like putting two gallons of water in a gallon jug, it does not fit. At the last meeting, the architect admitted that they are planning to put the undergound parking lot and the hotel, right at the property line. If I open my window, I will be able to touch the wall, that goes fifty feet high”, said Georgiadis.

“There is a problem having a seventy-two room hotel and fifty-five parking spaces. That means that all the other cars will spill all over the neighborhood. The footprint is simply too small. If you have a bigger [parking] lot, and a smaller hotel, I will welcome a hotel. I have a parking lot at my own business, and I am chasing people all day long. Remember, the city says it has ‘zero tolerance [for illegal parking]’. Try telling that to the guy from Albany who came to see his kids, that are going to Buffalo State, who would get tickets totaling over a hundred dollars”, added Georgiadis.

The city’s Planning Board is scheduled to meet on March 14, 2006 at 9:00 a.m. about the proposal. Although a discussion will take place, no vote is expected to be taken.

At the moment, none of the properties are zoned for a hotel. Savarino Construction plans on asking for a C2 zoning permit. If that does not work, they plan to implement a new zoning plan called a “special development plan” which would allow for only a hotel on the site. That zone would not be able to be changed.

“This [project] justifies Mobius’s refusal to invest in any maitenance[sic] or improvements”, on the properties said Clarence Carnahan, a local resident. “Where were the Council persons over the years? Where were the city inspectors over the years, to make sure that he maintained and improved his properties? The government was supposed to be protecting, not being preditorial. I see a predatorial issue here when it comes to this hotel. Over the years: Why has the local government been disfunctional when it came to Mobius’s properties? Refusal to invest in improvements, doesn’t that sound like a slumlord? Maybe I am missing a point here, but what kind of messages does this send to other slumlords that havn’t[sic] been jailed or fined? It’s [the hotel] trying to be pushed through.”

Carnahan also presented signs for residents and or business owners who are opposed to the hotel, that could be placed in windows or on stakes in the yard. Some of the signs said, ‘No tell hotel’, ‘Hans off, no hotel’, ‘It takes more than a hotel to make a village’. and ‘Keep Elmwood free, no hotel’. Carnahan plans on making more signs for a protest to be held on Saturday March 18, at 2:00 p.m. (EST) on Elmwood and Forest. Some signs were given to individuals after the meeting.

“First things first, Hans is the problem, and I don’t think it has been addressed. Let’s roll back the clock on this project. What can we do with Hans? There is such thing as eminent domain, which could be of greater interest to the community, to seize the property at its lowest assessed value”, said Nancy Pollina, co-owner of Don Apparel with Patty Morris at 1119 Elmwood. “There are so many ideas that have not been explored and we are about to give this parcel away, to a big developer.”

Mobius has not returned any calls by Wikinews regarding the situation.

A freelance journalist writing for Wikinews has obtained a letter, exclusively, addressed to one of the five business owners from Hans Mobius stating:

There is a proposal to develop my property which you are currently renting. Because of opposition to this development, it does not look like it will happen. I will let you know if there any changes.

Despite the letter, there have been no plans or decisions made to end the proposal.

To date, none of the business owners or residents of 1119-1121 Elmwood have received an eviction notice.

Business owners and residents gave an indication of what they would like to see happen at the corner; a project similar to one done locally last year. There, developers renovated two buildings on Auburn and Elmwood Avenues, merging the buildings into one thus allowing for more shop space. Among some of the shops to move in after the development were Cone Five Pottery, The Ruby Slipper, and Abraham’s Jewelers. Prior to the renovation work, the left building in the picture was boarded up for several years. Many of the concerned locals would like to see a similar development on Forest and Elmwood.

Rocco Termini, a developer in Buffalo, proposed a similar design at the February 28 community meeting

In an interview after the February 28 meeting, Termini stated, “I will be willing to take a look at this myself, or I would be more than happy to be partners with Sam, Sam Savarino”, who is President and Chief Executive Officer of Savarino Construction Services Corp.

So far Savarino Construction has no plans to team up with Termini.

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Tens of thousands of workers demonstrate in Ljubljana, Slovenia

Saturday, November 26, 2005

Despite heavy snowing, tens of thousands of workers and supporters marched today in Ljubljana, Slovenia in the largest demonstration since the country’s independence in 1991 to protest against the government programme of economic reforms, including privatisation of public services, tax cuts for businessmen and the abolition of the lower value added tax rate for items like food and books.

The protests, jointly organized by several trade union federations and attended by representatives of almost all Slovenian trade unions, began with an hour-long march from Ljubljana’s Tivoli park to the Congress Square (Kongresni trg). Workers and trade unionists were joined by supporters from Croatia, Italy and Austria, as well as students, anarchist groups, and general population. Several politicians from the opposition Liberal democracy and Social democrats were seen in the crowd. Noisy protesters armed with whistles, rattles and even some flares, marched through the snow waving trade union flags and carrying banners denouncing government policies. There were even a couple of old socialist flags with red stars. Riot police were seen on side streets and guarding accessess to government buildings, but they did not intervene.

The protest continued at the Congress Square with speeches of the representatives of trade unions and student organizations who denounced the government policy as leading into greater inequality and decreased standard of living for ordinary people. The loudest boos of the audience were drawn by the remarks about blaming the unemployed for being unemployed, introduction of university fees, and government’s waiving of taxes and health and pension fund contributions for church officials. The speeches were followed by a musical program, but the crowd soon started dispersing to escape the weather. Trade unions organized transport for 40,000 people to attend, but many buses were stuck in traffic jams on snowy roads and arrived too late for the protest. The police estimated the number of protesters to 25,000.

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U.S. Supreme Court upholds health care mandate

Thursday, June 28, 2012

In a decision today, the U.S. Supreme Court has upheld the controversial healthcare law, the Patient Protection and Affordable Care Act, passed in 2010. The Supreme Court also upheld the individual mandate provision of the law, which would require most U.S. citizens to obtain health insurance by 2014, or pay a monetary penalty.

The Supreme Court ruled on the law 5–4. Chief Justice John Roberts authored the majority opinion. Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor jointed Roberts in the majority, while Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas were in the minority in supporting the repeal of the law.

The Court did, however, strike down a provision of the law which would have expanded Medicaid to make coverage available to anyone with an income less than 138% of the federal poverty line.

President Barack Obama made a public statement from the White House saying that the Supreme Court’s upholding of the law, “reaffirmed a fundamental principle that here in America — in the wealthiest nation on Earth – no illness or accident should lead to any family’s financial ruin.” Obama further added, “Whatever the politics, today’s decision was a victory for people all over this country whose lives will be more secure because of this law and the Supreme Court’s decision to uphold it.” Obama closed his statement by saying, “The highest Court in the land has now spoken. We will continue to implement this law. And we’ll work together to improve on it where we can. But what we won’t do — what the country can’t afford to do — is refight the political battles of two years ago, or go back to the way things were.” Adding, “With today’s announcement, it’s time for us to move forward — to implement and, where necessary, improve on this law.”

Republican presidential candidate Mitt Romney also gave a statement from Washington, D.C. saying, “What the Court did not do on its last day in session, I will do on my first day if elected President of the United States. And that is I will act to repeal Obamacare.” Romney clarified further by saying, “Let’s make clear that we understand what the Court did and did not do. What the Court did today was say that Obamacare does not violate the Constitution. What they did not do was say that Obamacare is good law or that it’s good policy.” Further adding, “Obamacare was bad policy yesterday. It’s bad policy today. Obamacare was bad law yesterday. It’s bad law today.” Romney closed by saying, “Our mission is clear: If we want to get rid of Obamacare, we’re going to have to replace President Obama.”

Eric Cantor, Republican leader in the U.S. House of Representatives, announced shortly after the ruling that the House would vote on repealing the law on July 11, following the July 4 holiday recess. Cantor said, “The Supreme Court’s decision to uphold Obamacare is a crushing blow to patients throughout the country. Obamacare has failed to keep the President’s basic promise of allowing those who like their health care to keep it, while increasing costs and reducing access to quality care for patients.”

In the ruling of National Federation of Independent Business v. Sebelius, John Roberts wrote, “Simply put, Congress may tax and spend. The federal government may enact a tax on an activity that it cannot authorize, forbid or otherwise control.” Meanwhile, Justice Anthony Kennedy authored the dissenting opinion, saying the entire law should have been repealed.

The ruling on the law comes after 26 states challenged the law in oral arguments in front of the Supreme Court in March.

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California’s violent video game ban law ruled unconstitutional by US Court of Appeals

Sunday, February 22, 2009

A U.S. Court of Appeals on Friday has declared unconstitutional California Assembly Bills 1792 & 1793, the California “ultraviolent video games law” that sought to ban the sale or rental of violent video games to minors.

Federal judge Consuelo M. Callahan has ruled that the 2005 statewide ban, which has yet to be enforced, violates minors’ rights under the US Constitution’s First and 14th amendment because even the most graphic on-screen mayhem, video game content represents free speech that cannot be censored without proper justification.

The Court has ruled that there’s no convincing evidence it causes psychological damage to young people. The 3-0 judgment has affirmed an earlier ruling by a U.S. District Court, which barred enforcement of the law on the basis that it was “unduly restrictive” and “used overly broad definitions,” and that the state failed to show that the limitations on violent video games would actually protect children.

In 2005, Leland Yee (???), a California State Senator (in District 8 which includes the western half of San Francisco and most of San Mateo County), Speaker pro Tempore of the Assembly (D-San Francisco/Daly City), introduced California Assembly Bills 1792 & 1793 which barred “ultra-violent” video games from minors under the age of eighteen in California and mandated the application of ESRB ratings for video games.

“California Assembly Bills 1792 & 1793” were commonly called the “ultraviolent video games bills” or simply “video game ban” bills. Bill 1792 banned the sales of such video games while Bill 1793 required signs explaining the regulations on said games to be placed where such were sold. Both bills were passed by the Assembly and signed by Governor Arnold Schwarzenegger into law (AB 1179) on October 7, 2005.

Explicitly, these two bills provided that:

  • AB 1792 will place ultra-violent video games into the “matter” portion of the penal code, which criminalizes the sale of said material to a minor.
  • AB 1793 will require retailers to place M-rated games separate from other games intended for children, and will also require retailers to display signage explaining the ESRB rating system.

Yee, a former child psychologist has publicly criticized such games as Grand Theft Auto: San Andreas and Manhunt 2, and opposes the U.S. Army’s Global Gaming League.

On October 17, 2005, before the effectivity of the challenged Act, plaintiffs Video Software Dealers Association, the not-for-profit international trade association dedicated to advancing the interests of the $32 billion home entertainment industry and Entertainment Software Association, a 1994 US trade association of the video game industry have filed lawsuit (D.C. No. CV-05-04188-RMW) against the defendants Governor Arnold Schwarzenegger, CA Attorney General, Edmund G. Brown, Santa Clara County District Attorney George Kennedy, City Attorney for the City of San Jose, Richard Doyle, and County Counsel for the County of Santa Clara, Ann Miller Ravel.

Plaintiffs’ counsel, Jenner & Block‘s Paul M. Smith has filed a declaratory relief to invalidate the newly-enacted California Civil Code sections 1746-1746.5 (the “Act”), on the grounds that it allegedly violated 42 U.S.C. § 1983 and the First and Fourteenth Amendments.

Plaintiffs have submitted that “the Act unconstitutionally curtailed freedom of expression on its face based on content regulation and the labeling requirement, was unconstitutionally vague, and violated equal protection. California’s restrictions could open the door for states to limit minors’ access to other material under the guise of protecting children.”

By December 2005, both bills had been struck down as unconstitutional, by Ronald M. Whyte, District Judge, Presiding in the United States District Court for the Northern District of California in San Jose, thereby preventing either from going into effect on January 1, 2006.

Judge Whyte has granted plaintiffs’ motion for a preliminary injunction in “Video Software Dealers Ass’n v. Schwarzenegger,” 401 F. Supp. 2d 1034 (N.D. Cal. 2005), and cross-motions for summary judgment, in “Video Software Dealers Ass’n v. Schwarzenegger,” No. C-05-04188, slip op. (N.D. Cal. Aug. 6, 2007).

Similar bills were subsequently filed in such states as Illinois, Oklahoma, Minnesota, Michigan and Louisiana have been ruled to be unconstitutional by federal courts on First Amendment grounds, according to Sean Bersell, a spokesman for the Entertainment Merchants Association.

The defendants, in the instant Case No. 07-16620, have timely appealed the judgment. On October 29, 2008, the appealed case was argued and submitted to the Sacramento, California‘s U.S. Court of Appeals, hence, the promulgation of the instant 30 pages decision (No. 07-16620; D.C. No. CV-05-04188-RMW) by Alex Kozinski, Chief Judge, Sidney R. Thomas and Consuelo M. Callahan (who wrote the court’s opinion), United States Court of Appeals for the Ninth Circuit Judges.

In the ban’s defense, Deputy Attorney General for the State of California, Zackery Morazzini has contended that “if governments restrict the sale of pornography to minors, it should also create a separate category for ultra-violent video games.” Edmund Gerald “Jerry” Brown, Jr., California Attorney General, has also argued that “the Court should analyze the Act’s restrictions under what has been called the ‘variable obscenity’ or ‘obscenity as to minors’ standard first mentioned in Ginsberg, 390 U.S. 629. The Court’s reasoning in Ginsberg that a state could prohibit the sale of sexually-explicit material to minors that it could not ban from distribution to adults should be extended to materials containing violence.”

The “Fallo” or dispositive portion of the judgment in question goes as follows:

We hold that the Act, as a presumptively invalid contentbased restriction on speech, is subject to strict scrutiny and not the “variable obscenity” standard from Ginsberg v. New York, 390 U.S. 629 (1968). Applying strict scrutiny, we hold that the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State’s expressed interests. Additionally, we hold that the Act’s labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State’s controversial opinion. Accordingly, we affirm the district court’s grant of summary judgment to Plaintiffs and its denial of the State’s cross-motion. Because we affirm the district court on these grounds, we do not reach two of Plaintiffs’ challenges to the Act: first, that the language of the Act is unconstitutionally vague, and, second, that the Act violates Plaintiffs’ rights under the Equal Protection Clause of the Fourteenth Amendment.—”Video Software Dealers Association; Entertainment Software Association v. Arnold Schwarzenegger and George Kennedy” – No. 07-16620; D.C. No. CV-05-04188-RMW – Alex Kozinski, Chief Judge, Sidney R. Thomas and

Consuelo M. Callahan, United States Court of Appeals for the Ninth Circuit Circuit Judges.

“We need to help empower parents with the ultimate decision over whether or not their children play in a world of violence and murder,” said the law’s author, Sen. Leland Yee, announcing he wanted Edmund Gerald “Jerry” Brown, Jr., the current Attorney General and a former governor of the State of California, to appeal the decision to the U.S. Supreme Court.

“Letting the industry police itself is like letting kids sign their own report cards and that a self regulating system simply doesn’t work. I’ve always contended that the … law the governor signed was a good one for protecting children from the harm from playing these ultra-violent video games. I’ve always felt it would end up in the Supreme Court,” Sen. Yee explained. “In fact, the high court recently agreed, in Roper v. Simmons (2005), that we need to treat children differently in the eyes of the law due to brain development,” he added.

According to Michael D. Gallagher, president of the Entertainment Software Association, plaintiff, the Court’s ruling has stressed that parents, with assistance from the industry, are the ones who should control what games their children play. “This is a clear signal that in California and across the country, the reckless pursuit of anti-video game legislation like this is an exercise in wasting taxpayer money, government time and state resources,” Gallagher said in a statement.

California’s violent video game law properly seeks to protect children from the harmful effects of excessively violent, interactive video games. While I am deeply disappointed in today’s ruling, we should not stop our efforts to assist parents in keeping these harmful video games out of the hands of children.

Entertainment Software Association members include Disney Interactive Studios, Electronic Arts, Microsoft Corp, THQ Inc, Sony Computer Entertainment America, and Take-Two Interactive Software, the maker of “Grand Theft Auto” games.

Judge Callahan has also reprimanded state lawyers for having failed to show any reasonable alternatives to an outright statewide ban against the ultra-violent video games. “Ratings education, retailer ratings enforcement, and control of game play by parents are the appropriate responses to concerns about video game content,” said Bo Andersen, president and chief executive of the Entertainment Merchants Association.

Andersen continues, “retailers are committed to assisting parents in assuring that children do not purchase games that are not appropriate for their age. Independent surveys show that retailers are doing a very good job in this area, with an 80 percent enforcement rate, and retailers will continue to work to increase enforcement rates even further; the court has correctly noted that the state cannot simply dismiss these efforts.”

California was already forced to pay $282,794 to the ESA for attorneys’ fees, money that would’ve helped with the state’s current budget difficulties. Andersen has urged California government officials not to appeal the case. “The estimated $283,000 in taxpayer money spent by the state on this case is so far an ‘ill-advised, and ultimately doomed, attempt at state-sponsored nannyism.’ A voluntary ratings system already exists to avoid the state-sponsored nannyism of a ban,” he explained.

“The governor believes strongly we have a responsibility to our children and our communities to protect against the effects of video games depicting ultra-violent actions,” said Governor Schwarzenegger spokeswoman Camille Anderson adding the governor was reviewing Friday’s decision.

Deputy Attorney General Zackery Morazzini, the state’s counsel in the appealed case, has stressed that “a law restricting sales of violent games is far more effective than industry self-policing, since the technological controls that the court cited as another alternative can be easily bypassed by any kid with an Internet connection.”

According to Jim Steyer, Founder of Common Sense Media, a non-profit organization of 750,000 regular users dedicated to improving children’s media lives, researches have shown that playing these violent video games are detrimental for kids mental and physical health. “The health threat involved with kids playing such games is equivalent to smoking cigarettes,” Steyer said. “These violent video games are learning tools for our children and clearly result in more aggressive behavior,” said Randall Hagar, California Psychiatric Association’s Director of Government Affairs.

The Federal Trade Commission‘s data reveals that “nearly 70 percent of thirteen to sixteen year olds are able to purchase M-rated (Mature) video games, which are designed for adults; ninety-two percent of children play video or computer games, of which about forty percent are rated M, which are the fastest growing segment of the 10 billion-dollar video game industry; the top selling games reward players for killing police officers, maiming elderly persons, running over pedestrians and committing despicable acts of murder and torture upon women and racial minorities.”

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CPSC, ATF warn of dangers of fireworks over US Independence Day celebrations

Sunday, July 4, 2010

Last week, U.S. Consumer Product Safety Commission (CPSC) held a press conference on the National Mall in Washington, DC, warning consumers of the dangers of fireworks, and advising them of safe handling. They were joined by representatives from the the Bureau of Alcohol, Tobacco and Firearms (ATF); Federal Emergency Management Agency (FEMA); the U.S. Customs and Border Protection (CBP); and other national safety agencies. Fireworks are often used to celebrate the United States’ July 4, 1776 independence from Great Britain. The Fourth of July is a time when many US families get together to celebrate, by holding reunions, picnics, barbecues, baseball games and firework displays; however, celebrations often turn sour due to injury or even death, caused by the mishandling of fireworks. In 2009, nearly 19,000 fireworks-related injuries were treated in hospitals, doctors’ offices and clinics all over the country. Around 9,000 of those were to children aged under 18, and 6,000 occurred during the 30 days surrounding Independence Day.

CPSC chairman, Inez Tenenbaum, said that burns and cuts to limbs, the face and head were the most common injuries, and over half of them were due to firecrackers, rockets and sparklers. The agencies were joined at the news conference by Jason Henderson, who was injured in 2007 after building home-made fireworks. He had found instructions online detailing how to build M-80-style fireworks, and after purchasing the chemicals, began assembling them; however, the mixture exploded which resulted in him losing both hands and his right eye, and shrapnel caused multiple lacerations and puncture wounds to his entire body. “Don’t be the show, go and enjoy the show. I want to get people to move away from putting on their own displays and just go and enjoy the free shows. I mean they are free,” Henderson said. “You might as well take advantage of them while they are there. You can spend time with your family instead of being the one to light them and taking that risk.” Henderson also appears in a public-service announcement recently released by the ATF to YouTube, that shows how he has now been fitted with bionic arms.

Agencies recommend attending community fireworks shows held by city or county officials, which are held in a more controlled and professional environment. Additionally, many jurisdictions outlaw either all fireworks, or certain types, such as rockets and firecrackers.

Fireworks increase demands on fire departments and personnel at this time of year, acting U.S. Fire Administrator Glenn Gaines noted. “Four firefighters [have been killed] as a result of illegal fireworks. Calls to EMS [Emergency Medical Services] and fire departments increased as individuals continue to be injured and burned.” The dry weather and heat that many areas are experiencing also elevate the risk of brush and structure fires. The National Fire Protection Association said that over 22,500 fires started from fireworks in 2008.

Consumers who do purchase fireworks are encouraged to follow the following common sense rules: always read and follow directions; always supervise older children and teenagers if they are permitted to use fireworks; never allow young children to play with or ignite fireworks, child-friendly sparklers and “party-poppers” are a fun and safe alternative for them; keep animals inside or well away from the fireworks, the noise will often scare them; never light any fireworks inside buildings; light fireworks on a smooth, flat surface away from houses, dry leaves, and flammable materials; never ignite fireworks in metal or glass containers; light one firework at a time; move away to a safe distance immediately after lighting a firework; never return to a firework that has not ignited properly; never throw fireworks at another person, animal, or property; do not consume alcohol when using fireworks; keep a bucket of water or a hose in close proximity in case of fire, dispose of use fireworks in the bucket of water; buy from reliable dealers; only use legal fireworks; and follow the laws of your jurisdiction.

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