Enterprise Risk Management, BC, COOP Just the facts Avoids libel, Defamation suit

THE HEADLINE READS I wrote a negative Yelp review — and it made my life a nightmare¹

The story has “grown legs” and now pops up in multiple on-line publications,

BASICALLY, a Manhattan woman who gave one-star reviews on Yelp and ZocDoc to a Kips Bay gynecologist has spent nearly $20,000 defending herself against a defamation suit filed by the physician, according to her and court papers.

Meanwhile, the doctor’s lawyers insist that “No reasonable person would believe that the statements made therein were opinion,’’ court papers say.

The defendant told the Post that “They tried to drag my start-up wine-and-spirits technology business into it … They posted my entire medical record, including notes about my mental health, my bills, my insurance info, my driver’s license, birth date and home address”

Lawyers on both sides will have a field day on the way to the bank. The Federal government also might get involved (Health Insurance Portability and Accountability Act of 1996 a/k/a HIPAA) if the patient’s claims (They posted my entire medical record, including notes about my mental health) are proven.²

I AM NOT A LAWYER ...

Nor do I play one on tv.

I am a former print reporter and editor who is generally cognizant of libel/slander and defamation laws.

In every state in which I worked, truth is an absolute defense. HOWEVER, in a different Yelp! Case, Noonan v. Staples, Inc., the First Circuit reinterpreted Massachusetts’s libel statute by lowering the standard to prove actual malice in libel suits.³ The Suffolk Law Review file continued: The court in Noonan interpreted Massachusetts’s libel law as only including truth as a defense to libel where the bloggers making the statements lack “actual malice” or “ill will” towards the defamed individual.

That, however, is Massachusetts’ law and may not apply to New York (or any other state).

The problem with libel/slander and defamation suits, at least for publishers is that even if the publisher has exceptional libel insurance the publisher will have to spend time in court. Lost productivity can be expensive.

Two things publishers, even blog publishers, need to know about are noted at the end of my efforts:

• Plagiarism - CITE YOUR SOURCES
• Truth is an absolute defense to defamation

The Massachusetts’ law will effect only those who are trying to “get even” and go beyond facts to opinion.

I used to have a great personal physician, but his office staff was less than could be desired. That is a provable fact. (To be fair, the office folks reportedly are doing better now.) There was no malice in my postings; they were made as a warning to others regarding what to expect from the front office.

It is very difficult to libel a person who is not identifiable – “a baker in Atlanta” is probably broad enough to defuse the threat of libel; being more specific is encouraging a reaction from the “baker.”

Unfortunately for both the plaintiff and the defendant in the New York doctor-vs.-patient flap, both parties are identified in several on-line publications

AN ASIDE: Citing a source (e.g., Suffolk Law Review) may NOT be sufficient if the blogger copies most of the original author’s work; for that permission from the owner of the work must be granted.

BOTTOM LINE: It’s OK to complain about people and organizations as long as the complaint can be proven and (in Massachusetts at least) there is no malice in the complaint.

Just remember: I am not a lawyer nor do I play one on tv.

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Sources

1. New York Post (http://tinyurl.com/y8ofmsu4 )

2. HIPAA (http://tinyurl.com/y8jkal89 )

3. Suffolk Law Review (http://tinyurl.com/ycyjsqcy )

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Truth is an absolute defense to defamation. Defamation is a false statement of fact. If the statement was accurate, then by definition it wasn’t defamatory.

Comments on Just the facts

Opuscula State of nation: Inmates in charge

FIVE DAYS A WEEK I get Advisen FPN, one of my primary sources of risk management information.

Sometimes, however, I think the greatest risk is, to paraphrase Pogo1, the risk is us.

Three articles in Memorial Day’s post caught my attention:

1. Fiat Chrysler recalls nearly 5 million U.S. vehicles for cruise control software glitch

2. Food firms could face litigation over neuromarketing to hijack brains

3. Sesame Street sues 'explicit and profane' puppet movie The Happytime Murders

THE FIAT STORY got my attention since one of my neighbors has a nice Chrysler Pacifica.

I looked for the article on line – all Advisen does is provide a searchable link. What I found was no surprise: two of the links reported Chrysler recalling 5.3 million vehicles (Wall Street Journal and Reuters), two links claiming a recall of nearly 5 million vehicles (Moneywatch and CBSnews), and one claiming Chrysler is recalling only 4.8 million cars (not vehicles).

OK, 4.8 million is nearly 5 million, but hardly 5.3 million.

It’s hard to know which of the media 800-pound gorillas to believe; maybe none is the correct answer.

AMERICA’S PASTIME: SUE THE B*ST*RDS²

It seems that Muppets are not as unique as Jim Hensen may have thought.

The Muppets current owner, the Walt Disney Company, is taking exception to a new, R-rated film,

Happytime Murders, with Melissa McCarthy as the lead human, is, according to the suit as reported by CNN: ³

"Sesame Street" is suing the makers of Melissa McCarthy's upcoming raunchy comedy, "The Happytime Murders," for referencing the popular kids show in its marketing campaign.

But it's not the film's use of profane puppets that "Sesame Street" uppset about. It's the tagline used in the film's marketing campaign -- "No Sesame. All Street."

The “Street’s” owners contend that “Happytime Murders” does not have the right to use "Sesame Street" in its tagline.

CNN reports that

The R-rated film follows "two clashing detectives" -- Melissa McCarthy and her partner, a puppet named Phil Phillips -- in Los Angeles as they work together "to solve the brutal murders of the former cast of a beloved classic puppet television show," according to its website.⁴.

But it's not the film's use of profane puppets that "Sesame Street" is upset about. It's the tagline used in the film's marketing campaign -- "No Sesame. All Street."

Perhaps spice shops should remove all sesame products from their shelves, or insist that all such products bear their Latin name: sesamun indicum.

Given its “R” rating and – if the on-line trailers are any indication, it’s – as CNN calls it – “ raunchy comedy” will not be confused with Jim Hensen’s characters. Happytime Murders is certainly no Who Censored Roger Rabbit?, a movie that had its moments.

Suit or no suit, based on what I saw on line, I’ll skip spending time with Melissa McCarthy. Jessica Rabbit . . . another story.

FOOD FOR THOUGHT – OR NOT⁵

A number of on-line media are reporting that Food firms could face litigation over neuromarketing to hijack brains.

In particular, the complaint is that

Fast food, soft drinks and snack companies increasingly interact with children through social media and online games. Some are beginning to probe further, gathering information through brain scans about how unconscious decisions are made to eat one snack rather than another and targeting people’s susceptibilities. A report on food neuromarketing to children by the Center for Digital Democracy⁶ in 2011 predicted “an explosive rise in new tactics targeted especially at young people”.

In other words, advertising as usual.

Granted, there is blatant advertising: Buy this!

There is subtle marketing: a smiling Tony the Tiger, or a child in a wheelchair offering a special blanket for a donation of only $19/month.

There is a surreptitious marketing; That can of beer or a whiskey bottle on the table in front of the movie’s hero, or a pack of cigarettes on the bedside table (offering two suggestions for the price of one).

Finally, there is – or perhaps was – subliminal marketing

According to MDirector.com⁷,

Marketing with subliminal messages aims to encourage the purchase of the product through subtle effects that are not normally visible to the naked eye.  It’s not only the images that are used to get into your head; sounds and other techniques are also used to help the message sink into your subconscious.

Thinking back to the Muppets for a moment, Disney movies have gained notoriety for subliminal messages in its movies for the impressionable ages.

MDirector contends that

One of the classic examples in marketing with a subliminal message is Disney. And it is suggested by many experts that many of their films contain subliminal messages that incite sex. Like Aladdin for example, in the original film there is a scene where the main character says: “Good teenagers take off your clothes”. Although when this came to light, Disney brushed it off by saying that it was just bad locution on the part of the voice actor. However, the phrase has stuck in peoples minds ever since.

The same thing has happened in scenes from other films. The most famous is from the film The Lion King. There is a moment in the film, when the main character lies down at the edge of a cliff creating a cloud of dust. Do you know what image that cloud of dust created? The word “SEX”.

Disney is hardy the only subliminal advertising practitioner, MDirector notes that

Before the first ever episode of the series Futurama aired, the creators of the Simpsons gave a subtle shout out to the audience to make sure they would watch the new TV Show. During the credits the words “Watch Futurama” were placed between the first name and surname of the executive producer David Cohen.

The only question I have is “Why now?”

Advertising in all its forms has been going on for centuries.



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Sources

1. http://tinyurl.com/y9kkrrbh

2. http://tinyurl.com/ycap3xmr

3. http://tinyurl.com/y96u87v8

4. http://tinyurl.com/ybvkytzl

5. http://tinyurl.com/yahfgmns

6. https://www.democraticmedia.org/

7. http://tinyurl.com/ybf3gzgk

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Truth is an absolute defense to defamation. Defamation is a false statement of fact. If the statement was accurate, then by definition it wasn’t defamatory.

Comments on Inmates in charge

Opuscula Coin has two sides, Major media gives One & ignores other

THE OTHER DAY I READ that Hamas, the despotic rulers in Gaza, want to take Israel to the International Criminal Court (ICC)¹ because Israeli forces used live ammunition against Gazans attempting to infiltrate Israel to kill Israelis (Jews, Christians, Muslims, sans discrimination).

Hamas wants the ICC to believe that it is harmless and helpless against the Israeli army.

Yet

• It digs tunnels into Israel to murder Israelis² (it also build tunnels into Egypt³)
• It sends explosive-laden drones over Israel⁴
• It uses kites (shades of the WW 2 Japanese balloon attacks on the U.S. west coast⁵) with incendiary devices attached to destroy Israeli farmers’ fields and, where possible, the farmers’ homes.⁶

In the later case, Israel is seeking relief from the ICC.

Although Gandhi would surely disagree⁷ ("The Jews should have offered themselves to the butcher's knife. They should have thrown themselves into the sea from cliffs, the Babylonian Talmud states: If a man comes to kill you, rise early and kill him first ⁸, with attention to footnote 18

The leftists and media, in Israel and elsewhere, generally align with Gandhi, even his quote, addressing the English, to give up the fight against Hitler and Mussolini: 'Let them take possession of your beautiful island ... allow yourself, man, woman and child, to be slaughtered. He also did not believe that women should resist rape, but preferred that they should 'defeat' their assailants by remaining passive and silent(ibid.) That last comment probably would not sit well with the ladies of any political point of view.

It is well to remember that, with military aid from the U.S., England kept its island; meanwhile, in Gandhi’s India, abuse of women is the biggest human rights violation on Earth.⁹

Israelis, save for the leftists, and the Muslims in the nation’s Knesset (congress), refuse to follow Gandhi’s admonishments to offer themselves to the (“Palestinian”/Hamas) butcher’s knife, even as much of the world condemns the nation for defending itself.

The media will provide half the story, but don’t depend on it to tell the whole story.

A fellow reporter, “back in the day.” reported almost daily on the city’s street lighting project. He was a good reporter, but the editor had to often remind him that he had to provide the background for the day’s update; tell the readers the whole story (albeit in encapsulated form).

Today’s media only goes as deep as a headline; the “news” is a photo caption under an image that may, or may not, be faked.¹⁰

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Sources

1. http://tinyurl.com/yceun7vq

2. http://tinyurl.com/yb58fyk7

3. http://tinyurl.com/yd25omt4

4. http://tinyurl.com/y8csclzw

5. http://tinyurl.com/yc7tw8du

6. http://tinyurl.com/yaq6mh3f

7. http://tinyurl.com/yc2bb2r2 , http://tinyurl.com/y7yr8uec

8. http://tinyurl.com/y7zx9s6v

9. http://tinyurl.com/yccjhvrd

10. http://tinyurl.com/y8smbj29 , http://tinyurl.com/y784h9mw

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Truth is an absolute defense to defamation. Defamation is a false statement of fact. If the statement was accurate, then by definition it wasn’t defamatory.

Comments on Coin

Risk Management, Business Continuity, COOP Why reluctance To create New password?

I HAVE A NUMBER OF PASSWORDS, A/K/A PASS CODES.

I change them at least monthly; some after they are used three times (or once a month, whichever comes first).

I once worked for a defense contractor that insisted on new passwords every 90 days; I thought that was 60 days too much. (The employer refused to implement enterprise risk management practices; I was almost fired for suggesting it.)

Some security people recommend having an easy to remember password, such as a phrase. It might be easy to remember something similar to “The quick brown fox jumps over the lazy dog" but that presents several problems.

First, many organizations, including (unfortunately) some financial institutions, limit passwords to 14 characters. “The quick brown fox...” exceeds that limit.

Second, many organizations insist that the password includes CAPITALS, lowercase, and digits (0-9). This seems to be a fairly common practice.

Third, some organizations demand that the password contain a “special character” such as #, &, !, @

There are lists of password options NOT to use: names of relatives and pet, zip codes and phone numbers, dates of birth are a few discouraged passwords.

PC Tools “Password Utilities” has been creating passwords for me for many years.

There are other password generators for various platforms (Windows, Linux, Mac, Unix). I found “Password Utilities” years ago and it still does the job, simply and quickly. Moreover, it is free.

It is challenging to remember a password such as FJZ%q9c9b2&=n#%aZxXsJ$9r52b2j8nf.

I don’t try.

I have a password protected file that stores my current passwords. The password for THAT file IS something I CAN easily remember. It helps that the password file has an “innocent” name and it buried under several sub-directories (folders within folders). That password ALSO is frequently changed.

Most of my accounts allow me to “cut-n-paste” my new passwords, so changing a password is nearly painless.

A few, primarily financial organizations, make me key in each character. It’s slow, but I tell myself it is for my protection. One organization not only requires that I manually key (vs. cut-n-paste) the new password, but it then insists I enter its own code, sent via phone, to activate the new password. (This company also has a really good enterprise risk management plan, one reason I like this organization.)

One advantage of a password generator is that some organizations prohibit use of the same password within “n” months.

For me, remembering to change my passwords is easy. I change passwords on the same day I do maintenance on the air handler. (One cup of white vinegar followed by two cups of very hot water into the evaporation drain, and inspect/change the air filter. Once-a-month, every month.) I have a reminder set up so I don’t forget.

I confess there are days I really do not want to change all my passwords, but it is a “must do.”

If I share my passwords with anyone (e.g., my computer guru) I change the passwords as soon as he departs.

Changing passwords does not need to be painful.

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PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Truth is an absolute defense to defamation. Defamation is a false statement of fact. If the statement was accurate, then by definition it wasn’t defamatory.

Comments on Passwords

Opuscula Liberals abuse those Who think differently

THE PUBLIX SUPERMARKET CHAIN gave money to the National Rifle Association (NRA).

The liberals don’t like the NRA because it won’t give up its position on gun laws and simply go away.

Never mind that NONE of the mass shootings were done by NRA members.

Now the leftists are chalking body images on parking lots near Publix stores and and are planning a 12-minute lie-in at the cash register lines at Publix stores.

IN THE DARK OF NIGHT the leftists laid out on a parking lot near a Publix supermarket while a fellow leftist chalked outlines of the bodies, one of each of the 17 people slain at the Marjory Stoneman Douglas school in Parkland FL shooting attack.

Next, according to one student determined to get much more than his “15 minutes of fame,” told tv cameras that he and his fans were calling for a lie-in in the cashier aisles at area Publix stores. The lie-in would only be for 12 minutes, he said.

The idea seems to be to inconvenience customers so they will take their custom to other stores, thereby convincing Publix executives to bow to their demands to distance the company from the NRA.

Hopefully Publix store managers will have police remove the obstructions to safe passage by request or by arrest.

It is one thing to boycott a business (or even a country as many leftist try to force others to do), but it is quite another to disrupt business as these leftists plan.

For the record, I am not a member of the NRA. As a matter of fact, I am not a member of any political organization.

I am as appalled by the murders at the Marjory Stoneman Douglas school as well as other school (area) shootings as anyone, including families of the victims. Wikipedia¹ has an all too long list of school shootings.

The GunViolenceArchive web site² has a year-by-year list of mass shootings dating from 2013. The list is not limited to schools.

The FBI defines a "mass killing" as the killing of three or more people in a public place, but the federal agency also defines a "mass murderer" as someone who has killed four or more people in the same location. ³

It is interesting to note that the lists a number of “mass shootings” in California. California, with its liberal government and congress people, has probably the strongest gun laws of any state, yet despite its “tough-on-guns” laws, mass shootings still occur.

According to RoadSnacks.com⁴, California is the 19th most dangerous place to live, despite its laws controlling almost everything. Florida, with fewer laws controlling all aspects of its citizens’ lives is number 18.

The RoadSnacks site states

Every year the FBI release two crime datasets, a preliminary dataset limited to the biggest cities in the country, followed by a more detailed release at the end of the year.

For our analysis, we focused on the JUST released 2016 data, specifically the 2016 Crime In The United States Report. We will update the results when data becomes available in October 2018.

So what criteria did we use? Have a look:

• Violent Crimes Per Capita
• Property Crimes Per Capita

An FBI study found that most guns used by killers were obtained illegally.

In the case of the Marjory Stoneman Douglas school shootings, the gun was illegally owned under Florida law. How did the alleged shooter acquire his weapons? He “fell through the cracks” of state AND FEDERAL agencies. This was not the first time the FBI had to admit it failed to protect the people by ignoring the obvious.

The bottom line, a line that leftists refuse to acknowledge, is that there ARE laws on the book to prevent most potential mass shooters from acquiring or keeping firearms. Adding laws that are not enforced will only benefit the bureaucrats and give the leftist a “warm fuzzy” feeling – until the next mass shooting.

The police have long begged the communities “If you see something, say something.’

Many people saw something before the the Marjory Stoneman Douglas school shoot, but said nothing.

We have nearly daily shootings in several Dade County (Miami) communities.

Rarely do police have input from the residents of those communities to help capture the shooters.

People hear and see, but they don’t share the information with law enforcement.

This is NOT unique to Dade County or to Florida. It is, however, one of the reasons shootings – “mass” or otherwise – are wounding or killing people of all ages, usually with illegally obtained weapons.

Banning firearms won’t stop those who want them from getting them.

Making it a criminal offense won’t stop those who want weapons from getting them.

Suing gun makers for making legal weapons won’t stop those who want weapons from getting them.

Suing merchants for selling legal weapons won’t stop those who want weapons from getting them.

I will be first in line to ban rifle magazines that hold more than 10 cartridges. Hunters don’t need large capacity magazines to bring down an animal. (If they are that bad a shot, they need to spend more time at the shooting range.) Likewise pistols. My #1 son, a cop, carries a semi-automatic with 8 rounds in the magazine. To the best of my knowledge, he’s only fired his service weapon once in the line of duty and he didn’t need eight rounds. (Hearing about cops firing 20, 30 or more rounds at a suspect scares me; lots of bullets going astray.)

The laws are on the books.

Laws sans enforcement are useless.

Don’t demand new laws; demand that current laws be enforced.

Too bad the leftists don’t understand that.

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Sources

1. http://tinyurl.com/y7ljjvao

2. http://tinyurl.com/y9petoeg

3. http://tinyurl.com/y9u56566

4. http://tinyurl.com/z5quuxe

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Truth is an absolute defense to defamation. Defamation is a false statement of fact. If the statement was accurate, then by definition it wasn’t defamatory.

Comments on Liberals & guns

ERM, BCP, COOP Train injuries Responsibility Lies with whom?

ADVISEN FPN¹ – ONE OF MY FAVORITE risk-related sites provided an bountiful selection of things to consider on Friday (5/18).

Three that got my attention were

1. Laborers on a ‘Billionaires’ Row’ Tower Cheated of Wages, D.A. Says
2. A Burger King worker thought a black man’s $10 bill was fake. He was arrested. Now he’s suing
3. Amputees sue railroad in Iowa, saying it creates danger

EACH ARTICLE had something an enterprise risk management practitioner should consider.

For example

Laborers on a ‘Billionaires’ Row’ Tower Cheated of Wages, D.A. Says

According to the New York Times²,

The laborers were doing concrete work on the luxury Steinway Tower at 111 West 57th Street, a needlelike skyscraper set to open next year full of condominiums for some of the world’s wealthiest people. But the company employing the $25-an-hour workers, the authorities said, was cheating them out of hundreds of thousands of dollars in wages by purposely shorting their hours and failing to pay them overtime.

The Manhattan district attorney, Cyrus R. Vance Jr., said on Wednesday that the company, Parkside Construction, and its affiliates stole more than $1.7 million in wages over three years from about 520 workers at the tower and seven other high-rise buildings. The company also hid nearly $42 million in wages from state insurance officials to avoid paying millions in workers’ compensation premiums.

Many of the cheated workers were undocumented immigrants from Mexico and Ecuador, Mr. Vance said. When the workers complained, they were falsely told the money would be in their next check or were encouraged to find work elsewhere.

Where is ICE (the Department of Homeland Security Immigration and Customs Enforcement )?

One of the things I learned from an HR assistant (the manager apparently was oblivious to the issue) is that lack of I-9 Employment Eligibility Verification forms can prove costly for employers.

According to the Garvey - Schubert - Barer (GSB)³ and the Fisher Phillips⁴ web sites,

With no fanfare and minimal notice, the government has significantly increased the penalties that can be assessed for a variety of offenses related to the Employment Eligibility Verification Form I-9.

A “mere” error on the paperwork, such as failure to check a box or confirm that the employee dated the document, can result in a penalty of between $216 and $2,156. Previously, the penalty ranged from $110 to $1,100. This almost doubling of the penalty range is significant because penalties for paperwork errors can be the largest aspect of government fines, even for the best of employers.

The penalties for knowingly hiring or continuing to employ unauthorized individuals have gone up, too. The “old” penalties for a first violation ranged from $375 to as much as $3,200 for each worker for a first-time offense. Under the new, current protocol, the penalty range is from $539 to as much as $4,313 for a first offense. An employer that gets audited and cited a third time can be ordered to pay as “little” as $6,469 and as much as $21,563 per unauthorized worker. (GSB)

If there’s any good news, it begins with the fact that the U.S. Citizenship and Immigration Services released a new Form I-9 (dated November 14, 2016). Using the new form became mandatory as of January 21, 2017. While this new form should help employers eliminate errors in completing the forms, it creates fewer excuses for employers who fail to execute it properly.

The new form provides clearer instructions for employees and employers on the correct way to complete it. For those employers completing the form electronically, the new I-9 provides “smart fields” which will limit errors by those entering the data into the form. This new form, which replaced the version in existence since 2013, will be valid until August 31, 2019. After January 21, 2017, all previous versions of the Form I-9 are invalid for new hires, re-hires, and re-verification purposes.(Fisher Phillips)

Since New York already has established that many Steinway Tower workers are illegal immigrants, ICE should be knocking at the door of their employers. Anything else will simply encourage scofflaws.

*  *  *

A Burger King worker thought a black man’s $10 bill was fake. He was arrested. Now he’s suing

This is a case that never should have happened and the error was compounded apparently by the local police.

The first link I found was to a Washington Post article headed A Burger King worker thought a black man’s $10 bill was fake. He was arrested. Now he’s suing.⁵.

As a former reporter and editor, the WashPost’s headline (and the article that followed) rated a D minus for clarity. Who was arrested? The worker or the black man? Who is suing? The worker or the black man? It only got worse from the headline on.

Fortunately, the Chicago Tribune⁶ and SFGate⁷ did a much better job.

Basically, this homeless black man walks into a Boston-area burger joint and orders breakfast. He offers a $10 bill in payment.

The burger flipper decides the bill is counterfeit and calls the cops. The cops arrive and haul the guy to jail; charge: probation violation (for trying to pass funny money).

THREE MONTHS LATER, the Secret Service determined the bill was good and the man is released from jail.

Now he’s suing the burger joint for almost a $1 million.

All this could have been avoided had the restaurant’s owners had the good sense to train their employees how to recognize counterfeit cash.

The cops should have delayed an arrest until the $10 bill was taken to a nearby bank where it could be checked; the banks are as good at detecting funny money as the feds, and faster, too.

The black dude still might have sued, but probably not for close to $1 million.

Oh, and by the way, he never got his $10 back.

*  *  *

Amputees sue railroad in Iowa, saying it creates danger

According to The State⁸, two women are suing someone for loss of limbs when, as they tried to get from Point A to Point B by going between railroad cars, the train started to move.

The article failed to state that the women were suing the Canadian National Railway (I don't know where the head writer got that idea; not from the story) and its subsidiaries.

The women could be suing the the city (Waterloo) for several things. The city has an ordinance that prohibits trains from blocking crossings for more than 10 minutes, an ordinance apparently not enforced.

Since 1991, at least five people have lost hands, arms or legs while trying to climb through a stopped freight train that started moving unexpectedly, according to The State.

A Canadian National spokesman shifted the focus to the actions of the injured women, saying that trespassing on railways tracks and property "is illegal and very dangerous."

Since this is a recurring problem, and since the city failed to enforce the law, it could have avoided the accident by providing a pedestrian overpass. (The nearest unblocked crossing is said to be about a mile away.)

In their lawsuits, the women say they waited an unspecified "reasonable amount of time" before they tried to climb through long-stopped trains, which didn't sound any audible warnings before starting to move. They argue that the railroad has taken no other steps to protect the public at the site, such as building a footbridge over the rails or separating the trains at crossings when they are stopped.

Waterloo Mayor Quentin Hart, who said his complaints to the railroad and GOP U.S. Senator Chuck Grassley's office about the blockages have gone nowhere.

Since this “accident-waiting-to-happen” has been ongoing since at least 1991, the city should have sued the railroad to force construction of a pedestrian overpass or built an overpass on the taxpayers’ dollars. The senator seems to have turned a deaf ear to the city but Iowa has two senators (the other being GOP Senator Joni Kay Ernst ) and Republican U.S. Rep. Rod Blum. (President Trump carried District 1.)

Bottom line for Waterloo: A risk manager would have told the city government to act for the safety of its citizens rather than waiting for Gadot (railroad and federal aid).

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Sources

1. https://www.advisenltd.com/front-page-news/

2. http://tinyurl.com/ycbxqlsy

3. http://tinyurl.com/yd5ubpwf

4. http://tinyurl.com/n92j2xo

5. http://tinyurl.com/ybofh26o

6. http://tinyurl.com/y7mlemgt

7. http://tinyurl.com/y823jhzw

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Truth is an absolute defense to defamation. Defamation is a false statement of fact. If the statement was accurate, then by definition it wasn’t defamatory.

Comments on 3 From Advisen

Opuscula ¿ Spanish?, si At home but Not at business

A NEW YORK ATTORNEY went on a rant when he heard store clerks speaking Spanish among themselves and with customers.

“This is America!” he told them.

He was right and he was wrong.

I LIVE IN SOUTH FLORIDA where job applicants are expected to speak Spanish. (Puerto Rican Spanish? Cuban Spanish? Mexican Spanish?)

I grew up here and vividly remember signs in Burdine’s Flagler Street store that read

Se habla espanol
Conditioned air

Air conditioning was a novelty in Miami in the early-1950s. (Burdine’s is no more, alas.)

Many years later my Spouse (who speaks four languages) and I (only two; one badly) tried to buy a special stove – one with a gas cook top and an electric oven. We had one when we lived over seas and given the frequency of hurricanes in Florida, thought it a good idea.

We went to several stores and in none of them were any English-speaking sales people. Not one.

I reacted similarly, sans the rant, to the lawyer in New York: “This is America. Speak English.”

I still feel that way, but with a caveat.

It’s OK to speak whatever language you like in your home and among your friends.

HOWEVER, in a place of business, speak the language of your patrons.

If I go to Borough Park in NYC I expect to hear Yiddish, but don’t try to sell me something in Yiddish.

If I go to the French Quarter in New Orleans, I would not be surprised to hear French or Creole. But I only will do business in English.

I have a serious problem with giving driver’s license tests in any language other than English.

Why?

Even though there are many international pictographs, there remain many signs that are only in English. Perhaps because the U.S. covers such a large geographic area, signs in most areas are in English only. Smaller countries, especially those with non-Latin alphabets, often put signs in the more common local languages. As it turns out, English is NOT the only international language for road signs; French also is found in areas (once) controlled by the French (e.g., Morocco, Quebec)

Most of the people with whom I regularly associate speak two of the languages I speak. When we know there is a person who lacks our “other” language, English immediately becomes the language of the conversation.

Because I cannot mow the grass anymore, we engaged a Guatemalan couple to keep the weeds in check. Their command of English is survival level; “just enough” to communicate with their non-Spanish speaking customers and to understand non-pictograph road signs.

My personal bottom line is I don’t care what language you speak at home and among others comfortable with your language. I don’t complain when I hear Spanish (or Creole) spoken, but when I am in a store in the U.S. I expect the clerks to have at least a basic comprehension of English and the ability to do business in that language.

The U.S. does NOT have an “official” language; unofficially, the language of the country is English due the number of legal transactions documented in English.

President Trump had a good point when he suggested that citizenship candidates should have at least a rudimentary knowledge of English, the dominant language in the U.S.

It helps with integration – the person with English as a Second Language (ESL) is able to escape the language ghetto and can interact with others who lack the immigrant’s first language.

No one should ask the new immigrant to forego his or her native language, just add English to the mix.

To that end, it behooves the governments – federal and state – to make ESL classes available, free or at low cost, to anyone with a desire and commitment to learn the language. The U.S. used to do this. Poland does it. Israel does it.

Something to think about.

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PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Truth is an absolute defense to defamation. Defamation is a false statement of fact. If the statement was accurate, then by definition it wasn’t defamatory.

Comments on Spanish, si

Opuscula Clinton, Rabin Prolong Arab War on Israel

IF PRESIDENT TRUMP AND HIS MINIONS are correct, moving the U.S. Embassy to Jerusalem, Israel’s capital, will encourage talks between Abu Mazen and Israel.¹
Liberals Wm. Jefferson Clinton – Hillary’s spouse and (in)famous for sex scandals² – and then Israeli PM Yitzhak Rabin (forced to resign because of an illegal foreign bank account³), opposed the bill signed “by an overwhelming bipartisan majority “ in Congress in 1995.

Every president since Clinton has rejected Congress’ will until President Trump took office.

WITH MUSLIMS CHARGING THE FENCE SEPARATING Gaza, and rioting in the streets in Israel, the leftists now can say “We told you so.”

To which realists reply: “Nothings new; they did it before the move; they did since 2005".”

There are at least three countries committed to relocating their embassies to Israel’s capital:⁴

Czech Republic
Guatemala
Paraguay

Honduras may follow suit.

MEANWHILE, Irish lawmakers promoted BDS against Israel’s entry in the Eurovision contest. Very mature, Ireland.⁵ In 2014 the Irish government considered recognizing “Palestine” as a country.

Embassy as obstacle to peace

Is the (re)location of the U.S. embassy – and soon other embassies – an obstacle to peace negotiations between the so-called “Palestinian Authority” (with or without Hamas in Gaza) and Israel.

No.

It is just another excuse for Abu Mazen and Hamas’ leader du jour to refuse to sit down with the Israelis.

There have been numerous opportunities to reach a true peace agreement; opportunities brokered by the west and by other Muslim nations. There are photos of Arafat shaking hands with leftist Rabin – once the hands separated, the hands of Arafat’s people were filled with rocks.

There was Oslo, but the terms were almost immediately broken by the “Palestinians.”

Is it because Israel balked at making a deal with the “Palestinians?”

Hardly. Both Labor and Likud governments have offered to meet “Palestinians,” face to face or separately via an “honest broker” suitable to both sides.

When leftist Labor controlled the government, Israel repeatedly caved to “Palestinian” demands only to find the “Palestinians” had additional demands.

Israel HAS a long lasting peace agreement with Egypt (inked in 1978) and another peace agreement with Jordan (signed in 1994). Although occasionally strained, the agreements still are honored by the former combatants.

Israel has had quiet business contacts with other Muslim countries in the area.

Israel pulled out of Gaza in 2005 – 13 years ago ! – leaving hot houses, an airport, and complete infrastructure, all destroyed by the Gazans. (The airport was made unsuitable for commercial aviation by the Israeli Air Force in response to attacks on Israel from Gaza.)

According to many, most residents of Gaza are Egyptians (as was Yassar Arafat). Today, Gaza’s “leadership” is demanding the “right of return” to Israel for people who never lived in Israel. The population of Gaza is already is home; if they want to return to someplace, they should go to Egypt, but Egypt doesn’t want them – at least not their Hamas masters.

Hamas was attacking Israeli civilian communities long before the U.S. repurposed its consulate in Jerusalem to embassy status (and downgraded the embassy in Tel Aviv to consulate status).

The “Palestinians” in Judea and Samara have been bombing Israeli civilians for many years, long before there was serious talk of having the embassy in Israel’s capital.

Apparently the only country in which the U.S. embassy is NOT located in the nation’s capital is The Netherlands (Holland); the embassy is situated in The Hague, the site of multiple international organizations in which the U.S. has membership or interests.

Is should be obvious to all humans with a breath of life in them that putting the U.S. embassy in Israel’s capital is NOT the cause of the “Palestinian’s” anger but simply another excuse to riot and cause destruction of others’ property.

Even Egypt has had enough

According to multiple sources⁶,

Hamas leader Ismail Haniyeh was summoned urgently to Cairo Monday, where Egyptian officials severely admonished him over the terrorist group's insistence on instigating violent demonstrations on the Israel-Gaza Strip border, Israel Hayom learned Tuesday.

In Monday's riots, which Hamas orchestrated over the opening of the U.S. Embassy in Jerusalem, some 40,000 Palestinian demonstrators clashed with Israeli security forces near the border fence. Fifty-eight people were killed and 2,700 people were wounded in the riots.

The official said Egyptian officials were stunned by the high number of casualties and angered by information provided by Israel that proved Hamas was paying civilians, including children, to place ‎themselves in harm's way by approaching the fence ‎and clashing with IDF soldiers so as to allow Hamas ‎operatives to blend into the crowd and try to ‎carry out terrorist attacks.

It is unlikely that Egypt’s displeasure will be promulgated by the liberal media; more typically the media’s “take” is reflected in cartoonist Darrin Bell’s work below.

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Sources

1. http://tinyurl.com/yajev4j2

2. http://tinyurl.com/y7lv269r

3. http://tinyurl.com/yd7z4bgu

4. http://tinyurl.com/yagea42b

5. http://tinyurl.com/y743d5hz

6. http://tinyurl.com/ya9ly3tq

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Comments on Clinton, Rabin

Opuscula Why Obama’s Deal With Iran canceled By deal maker Trump

U.S. and Euro-liberals are all a’twitter over President Trump’s withdrawal of the U.S. from Obama’s one-sided deal with Iran.
The “deal” was supposedly to assure that the ayatollahs didn’t get “The Bomb” to throw at Israel, Sunni Muslim countries, and U.S. interests within range of Iran’s missiles.

In return, Obama removed sanctions on Iran and freed up billions of dollars for the war mongers. Euro-liberals sold Iran components for an N bomb and North Korea provided technical expertise.

Is Kim expecting Iran to become his proxy in a war with the U.S.?

Multiple resources have pointed out a long list of things that made Obama’s Iran deal a bad deal for the U.S. and any country within ICBM range of Iran.

According to more than a few U.S. “experts,” the U.S. has known “most” of what Israel’s Mossad uncovered in Iran. The “best guess” is that what the U.S. allegedly “already knew” also

Obama’s gift to the ayatollahs was freedom to do whatever they wanted on military installations; installations that were exempt from inspections in his Iran deal.

The International Atomic Energy Commission (IAEC) inspectors were prevented from 24/7 access to non-military sites by the Iranians; sometimes by as much as 24 hours or more, plenty of time to relocate prohibited activities. Just as Iraq’s Saddam Hussein Abd al-Majid al-Tikriti moved military materials out of Iraq and into Syria between Gulf wars. There are many (leftists) who claim that never happened; that the weaponry was just a figment of a Bush administration’s imagination.

Iran was allowed to develop nuclear power for peaceful uses. Electric generating plants, as an example.

Obama was certain the Iranians lacked:

1.    A trigger device for a nuclear bomb and
2.    A delivery vehicle.

Thanks to North Korean technology and European components, the ayatollahs are close to developing the triggering device.

Again, thanks to North Korean technology and European components, with a little help from Putin and his Russian sycophants, the ayatollahs have delivery systems that can reach 2,500 km (~1 553 mi) from Tehran.

That means all or parts of

Afghanistan, Bulgaria, China, Egypt, India, Iraq, Israel, Kyrgystan, Kzakhstan, Pakistan, “Palestinian Authority,” Saudi Arabia, Sudan, Syria, Turkey, Turkmenistan, Uzbeckistan

are well within the range of at least four (4) of Iran’s missiles.

Would the ayatollahs use nuclear weapons to murder thousands of fellow Muslims? As long as the Muslims are any sect BUT Shia, the ayatollah’s version of Islam. (If anyone doubts that, consider the war between Shia Iran and Sunni Iraq. Estimates range from 228,000 to 1.1 million killed during the eight year-long conflict. The financial toll was estimated at US$1.188 trillion.¹

*    *    *    *

According to The Tower²,

David Albright, Institute for Science and International Security President , in an interview with the Wall Street Journal, said said that the documents that the Israelis found showed that Iran had a “sleeping” nuclear weapons program. He called it a “stewardship program,” which came into being when Iran decided to make its AMAD program for developing nuclear weapons inactive in 2003. Iran intended for the program to remain dormant until such a time when it could “pop up” and be revived to develop nuclear weapons.

Iran kept documentation and hid it from inspectors. By keeping the documentation, Iran did not, in fact, denuclearize as required by the terms of the 2015 nuclear deal, also known as the Joint Comprehensive Plan of Action (JCPOA).

Albright also pointed out that Section T in the JCPOA states “that under no circumstances will Iran ever seek, develop or acquire any nuclear weapons.” Iran put the head of the AMAD nuclear weapons program, Dr. Mohsen Fakhrizade, in charge of the secret stewardship program. This made the stewardship program, effectively, a program “contributing to nuclear weapons,” that was forbidden by the JCPOA.

*    *    *    *

Iran’s MEHR News Agency³ reports that

AEOI spokesman Behrouz Kamalvandi has said in Iran no figure is authorized to give access to IAEA to visit military sites, and there is essentially nothing included in the Safeguards Agreement, Additional Protocol, and JCPOA, regarding the issue.

Dismissing the quartet conditions of the President of the United States Donald Trump, regarding JCPOA renegotiation, Kamalvandi said “in the past, the United Nations' nuclear watchdog inspected Iran's Parchin military site and the case was closed, and now there is no request from IAEA to have access to a military site in the country.”

“Access has its own rules; it will never happen for quenching the curiosities; accessing military sites is according to the articles defined in the protocol, where only nuclear activities are done,” he said adding "we do not have any nuclear activity at any military site at all, and we are not a country seeking nuclear bombs and weapons.”

*    *    *    *

President Trump has suggested on more than one occasion that the U.S. would consider renegotiating an agreement with the ayatollahs on terms more favorable to the U.S.

Meanwhile, the UN’s IAEC sees no reason to request access to Iranian military sites that both President Trump and the Israeli government contend are being used to develop a nuclear weapon to sit atop its missiles.

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Sources

1. https://en.wikipedia.org/wiki/Iran%E2%80%93Iraq_War

2. http://tinyurl.com/ya973fg7

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Comments on Iran bomb

Opuscula Failed PROMISE

BETWEEN CROWDED JAILS AND failure to enforce a mollycoddle program, 17 people at Marjory Stoneman Douglas High School in Parkland, FL.

According to several media outlets, “alleged” murderer Nikolas Cruz had, following several run-ins with authorities, been ordered into a THREE DAY program aimed at steering children away from the criminal justice system. Cruz failed to complete the three-day diversion program as a middle school student, yet nothing seems to have been done.¹

The PROMISE program was aimed at reducing recidivism rates for students who commit non-violent misdemeanors and keeping them out of the juvenile justice system. The program helps students develop pro-social and resiliency skills, improve academics and may address family and community struggles that may be contributing to behavior issues, according to the school district's website.

The Obama-era program is sponsored by the National Institute on Minority Health and Health Disparities (https://www.nimhd.nih.gov/).²

As information continues to come out, it appears that over and over and over yet again Cruz was identified as a person with mental health “issues.”

For some reason, Cruz “fell through the cracks.”

Florida agencies failed to act.

The local school administration – at both county and school level – failed to act.

Even the FBI admitted it “missed” a mass of information about the person accused of murdering 17 people at the school and calmly walking away.

This “it fell through the cracks” excuse seems to becoming commonplace.

Rather than incarcerate known threats to the community, the threats are shunted off to “programs” where they are mollycoddled.

Cruz didn’t even see time in a juvenile “boot camp” that has a pretty good track record of disabusing youth that crime pays.

He was diverted into a program designed strictly for African American young men. The program apparently was broadened to include all races when it was implemented in Broward County.

According to American conservative television and radio talk show host Laura Ingraham³,

An initiative called the 'PROMISE Program' that reduced the number of school-related arrests in Broward County Public Schools. In 2011-2012, BCPS had the highest number of student arrests in Florida, but after the superintendent implemented the program, arrests plummeted.

PROMISE gave school administrators the power to decide whether infractions were deemed worthy of involving the policy rather than following guidelines that were previously in place. PROMISE stands for 'Preventing Recidivism through Opportunities, Mentoring, Intervention, Support, and Education.'

The program was praised by the Obama administration and the school district was awarded $54 million in grants from the $4 billion 'Race to the Top' initiative.

PROMISE turns school administrators into both judge and jury and encourages diversion to the program rather than involving law enforcement and mental health professionals.

In the “old days” in Florida, many children ruled “delinquent” for non-violent behavior were turned over to probation officers who worked with the offender. Failure to show up for a session with the probation officer could cause revocation of the “privilege” and a stint at a juvenile detention center (that usually was over crowded). Unlike the PROMISE program as it is implemented in Broward County, failure to comply with the rules quickly raised a red flag and resulted in swift action.

Ingraham commented that

PROMISE gave school administrators the power to decide whether infractions were deemed worthy of involving the policy rather than following guidelines that were previously in place. PROMISE stands for 'Preventing Recidivism through Opportunities, Mentoring, Intervention, Support, and Education.'

The infractions that the 'PROMISE Program' prevented police from getting involved in: Alcohol-related incidents, assault, threat, bullying, disruption on campus, drug use, possession, under the influence, drug paraphernalia, possession, false accusation against school staff, fighting, mutual combat, harassment, thefts, trespassing, vandalism and damage to property.

According to a pamphlet by BCPS, the 'Promise Program' was implemented in an effort to "eliminate the school-to-prison pipeline."

Arrests went from 1,056 students in 2011-2012 to 392 in the 2015-2016 school year.

The Obama Administration Education Secretary Arne Duncan and Attorney General Eric Holder were so impressed by the PROMISE Plan that it inspired their own new national guidelines.

Holder hailed the program for discarding "unnecessarily harsh discipline policies" for "really minor infractions" that led students to "feel unwelcome."

"Too often, so-called zero-tolerance policies, however well-intentioned they might be, make students feel unwelcome in their own schools. They disrupt the learning process, and they can have significant and lasting negative effects on the long-term well-being of our young people," Holder said.

Really “minor” infractions”?

Tell that to the kids who are bullied.

Tell that to the teachers who are harassed.

Tell that to the taxpayers who have to repair or replace items damaged by vandals.

Apparently, PROMISE is not concerned with cumulative evidence of a person’s mental health.

In Cruz’ case, he had a long history of “minor infractions.”

He had been diverted to a special school, but there is no evidence he got help with his problems.

Is it safe to suggest that the Broward County school system must share blame for the deaths of 17 people at Marjory Stoneman Douglas High School?

Had Cruz been “diverted” to a detention facility and obliged to undergo treatment for his mental conditions, 17 people might be alive today.

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Sources

1. http://tinyurl.com/y9qkakwe

2. http://tinyurl.com/y7kv4xpc

3. http://tinyurl.com/y7j2mr6g

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Comments on Failed PROMISE

Nancy Pelosi of the Senate Schumer can’t admit Trump did a good Thing Obama couldn’t

NO MATTER WHAT PRESIDENT TRUMP DOES or does not do, the Democrats find fault.

There is a suspicion that when there’s nothing to embarrass the president, they invent something.

Politics as usual?

THERE IS NO QUESTION that the president’s tweets and speeches strongly encouraged North Korea’s Kim to meet with newly confirmed Secretary of State Mike Pompeo.

Likewise, there should be no doubt that the president’s “bellicose” comments had the desired effect on Mr. Kim.

North Korea’s leader

• Released three Korean-Americans to the custody of Secretary of State Pompeo.
• Has agreed to a face-to-face meeting with President Trump
• Is alleged to have agreed to stop missile testing and to denuclearize North Korea (with the caveat that the entire peninsula is nuclear free).

Did Mr. Kim agree to any of that during the Obama administration’s eight years?

For all that, Sen. Schumer (D-NY), the Nancy Pelosi (D-CA) of the Senate, are unable to choke pout an “At’ta boy” for the president’s accomplishment.

What Schumer DID tell sundry media friends was:

• Senate Minority Leader Chuck Schumer says he's glad to see three detained Americans returning home from North Korea. At the same time, he is warning the Trump administration not to use Americans being held abroad as bargaining chips in negotiations.
  

  The New York Democrat says he hopes President Donald Trump and Secretary of State Mike Pompeo are clear in their talks with North Korean leader Kim Jong Un and other countries that "no regime has the right to hold Americans in captivity without cause."
  

  He added that "under no circumstances should Americans be viewed as bargaining chips."
  

  Schumer made the remarks Wednesday in the Senate.¹

• On Capitol Hill, Senate Democratic leader Chuck Schumer celebrated the detainees’ return but warned that “we’ll see many more hostages” if the administration provides an incentive for imprisoning Americans.
  

  “We are happy they’ve returned, but North Korea shouldn’t gain by taking Americans and then releasing them,” he said.²

• Senate Minority Leader Charles Schumer (D-N.Y.) said on Wednesday that he was "delighted" that three Americans are being released by North Korea but warned the Trump administration against linking the individuals to broader negotiations.
  

  "We cannot forget: No regime has the right to hold American citizens in captivity without cause, and under no circumstances should American citizens be viewed as bargaining chips," Schumer said on the Senate floor. ³

"Chuck” also managed air time on CBS News⁴ where he complained about Trump talking with Japan’s leadership before talking to South Korea’s government. Schumer went on to tell the CBS interviewer that we have to tell the Chinese to “put the wood” to Korea.

I wonder what Schumer would have said if President Trump told an interviewer that “we” need to tell China to “put the wood” to North Korea. How loudly would Nancy wail? Oh my.

Schumer is quoted (ibid) stating “No regime has the right to hold American citizens in captivity without cause, and under no circumstances should American citizens be viewed as bargaining chips,"

I’m not certain what the senator means by “right to hold American citizens in captivity without cause.”

The senator’s quote continues “under no circumstances should American citizens be viewed as bargaining chips."

What about Democrat Carter and the Iranians?

What about Democrat Obama and the Iranians?

Democrats apparently are blind to their own presidents’ actions – and inactions.

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Sources

1. http://tinyurl.com/yarzyjbd

2. http://tinyurl.com/yderp8jp

3. http://tinyurl.com/ybjnr6kp

4. http://tinyurl.com/y94hwww5

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Comments on Democrats’ sour grapes

Opuscula Freeze gas prices Necessary for Part 2 of Iran deal

UNLESS PRESIDENT TRUMP FREEZES prices at the fuel pump, any long-term benefits of the Iran deal pull-out may prove expensive at the pump and cost the GOP control of congress.

Does anyone remember the fuel crisis on the mid-1970s? Inflation, inflation, inflation – and every long lines to buy over-priced fuel for their flivers.

Price controls, if not well thought out, can come at the cost of inconvenience.

According to Logos The Takshashila Community Blog¹

In the 1970s, when the price of crude oil tripled on the world market the then President of United States, Nixon imposed a price ceiling, on both crude oil and gasoline. There was a maximum price allowed by law to be charged for gasoline. Any gas station owner charging more than this maximum price would be guilty of fraud. Price controls were turned in to address the shortage of gasoline. This was done due to public demand to keep the prices low. But the artificially depressed pump prices imposed during the oil crisis of 1973 — which stayed in place in various iterations through 1980 — brought about lines at gas stations and an artificial shortage of gas.

Today, the U.S. has fuel farms to prevent a recurrence of the artificial gas shortage The question remains: Will the government release the fuel?

For President Trump, the question must be: Can he force the oil companies to meet consumer demand without price gouging at the well head, gouging that trickles down to the pump.

Following hurricanes, Florida’s governors have implemented laws preventing price gouging – at the pump and elsewhere – and enforces those laws with stiff penalties. The U.S. government would have to do something similar, even at the risk of offending Big Donors With Deep Pockets. Can it do this? Will it do this?

The Logos web site contends that

Dealers sold gas on a first-come-first-served basis, and drivers had to wait in long lines to buy gasoline. The price controls resulted in a fuel-rationing system that made available about 5 percent less oil than was consumed before the controls. Consumers scrambled and sat in lines to ensure they weren’t left without. Gas stations found they only had to stay open a few hours a day to empty out their tanks. Because they could not raise prices, they closed down after selling out their gas to hold down their labor and operating costs.

Meanwhile, the cost of living soared.

MyBudget360² includes a chart (below) that shows how many things were priced.

The chart shows 1975 prices in 1975 dollars and in 2015 dollars and then the cost of the item in 2015.

THERE IS A DIFFERENCE

In the 70s, it was not just one foreign oil provider that decided to try to strangle the U.S. economy, but an organization called OPEC: the Organization of Petroleum Exporting Countries.

OPEC.org³ describes the organization thusly:

OPEC's objective is to co-ordinate and unify petroleum policies among Member Countries, in order to secure fair and stable prices for petroleum producers; an efficient, economic and regular supply of petroleum to consuming nations; and a fair return on capital to those investing in the industry.

The Organization of the Petroleum Exporting Countries (OPEC) is a permanent, intergovernmental Organization, created at the Baghdad Conference on September 10–14, 1960, by Iran, Iraq, Kuwait, Saudi Arabia and Venezuela. The five Founding Members were later joined by ten other Members: Qatar (1961); Indonesia (1962) – suspended its membership in January 2009, reactivated it in January 2016, but decided to suspend it again in November 2016; Libya (1962); United Arab Emirates (1967); Algeria (1969); Nigeria (1971); Ecuador (1973) – suspended its membership in December 1992, but reactivated it in October 2007; Angola (2007); Gabon (1975) - terminated its membership in January 1995 but rejoined in July 2016; and Equatorial Guinea (2017). OPEC had its headquarters in Geneva, Switzerland, in the first five years of its existence. This was moved to Vienna, Austria, on September 1, 1965.

Today, in addition to its own reserves, the U.S. can count on several OPEC member countries to continue supplying crude to U.S. refineries since they feel threatened by Iran’s ayatollahs and hope to remain under the U.S.’ military shield.

Surprisingly (at least to this scrivener), according the US Energy Information Administration (EIA) the highest price of gas in the US was reached during the week of July 7th 2008 at $4.11 per gallon for regular grade fuel (note this is a weekly average price).⁴ A far cry from the days of gas wars and 25¢-a-gallon for regular.

According to the U.S. Bureau of Labor Statistics, prices for gasoline (all types) were 401.01% higher in 2018 versus 1975. ⁵

The site continues, noting

Between 1975 and 2018: Gas experienced an average inflation rate of 3.82% per year. This rate of change indicates significant inflation. In other words, gas costing $20 in the year 1975 would cost $100.20 in 2018 for an equivalent purchase. Compared to the overall inflation rate of 3.62% during this same period, inflation for gas was similar.

In the year 1975: Pricing changed by 6.83%, significantly above the average yearly change for gas, during the 1975-2018 time period. Compared to inflation for all items in 1975 (9.14%), price inflation for gas was lower.

The price of regular in south Florida now is nearing $3/gallon; in Los Angeles, it hovers close to $4/gallon.⁵

Mr. President, while most Americans probably agree with your cancellation of a bad agreement with the ayatollahs, those same Americans will be mightily upset if gasoline prices soar. Not only will the average driver suffer, but the retail industry will suffer as truckers park their rigs due to the cost of Diesel.

A smart president will get out in front of this with guarantees Americans will still be on the move at a price they can afford.

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Sources

1. http://tinyurl.com/yd5aapw4

2. http://tinyurl.com/p2rb8uq

3. http://tinyurl.com/7cy58yq

4. http://tinyurl.com/y6vsuvmf

5. http://tinyurl.com/ybwhjgx4

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Comments on Gas Prices

Opuscula When did we Become “softees”?

I GREW UP MOSTLY in south Florida -- in the Miami and Fort Lauderdale areas.

I went to elementary, junior high, and high school here.

Stationed at Orlando AFB – BRACed out of assistance – I used to drive between Orlando and Hollywood (FL).

No air conditioning in any of the schools.

No air conditioning in the car – it had “4-40” cooling: 4 windows open and 40 (or greater) miles per hour.

How did we survive?

THERE IS A TV commercial (Air Around the Clock) that tells me air conditioning is a “must” for south Florida. We can’t live without it, the spokes person tells me.

I recall a sign in Burdine’s window c 1956 trumpeting “Conditioned Air.” Burdines – like Orlando AFB, is history, as is much of downtown Miami.

My Spouse, a school teacher’s assistant (she used to be a deputy head of school but burned out) and my daughter, a relatively new teacher, cannot comprehend how anyone can teach or learn anything if the A/C is broken.

The daughter, who grew up in Clearwater FL and went to air conditioned schools, discovered that “windows OPEN” when the A/C for her building failed. Unlike some other faculty and management, she had the good sense to open windows and doors. Lucky for her – and her students – the windows COULD be opened; in many new facilities, windows are sealed shut.

In my school days, not only did the windows open, but rooms had fans to move the air.

While the barracks at the late Orlando AFB did have A/C (and heat, too), I never lived in an air conditioned house in south Florida until 1979. (I moved to Florida in 1952.)

An aside on heating. There was a time throughout central and south Florida when cars were sold sans heaters. Heat in most south Florida residences was provided by space heaters and piled on blankets. It worked.

I don’t think – despite Al Gore – that it is any “warmer” or “colder” that it was back in the 50’s.

Did I have a deprived childhood without knowing it?

To this day, my preferred temperature range is 80^o to 85^o F. When I drive around town the windows of my flivver usually are open (except, of course, during the frequent afternoon deluges for which the area is known – and no, Virginia, the rains do NOT lower the temperatures appreciably).

I would rather open windows and turn on fans than run the central A/C.

While air conditioning now is almost universal in south Florida, solar water heating almost disappeared. It now is enjoying a s-l-o-w comeback.

Granted, the “tank on top” was less than attractive, but the water was HOT. Today, the solar panels are less obtrusive and the water tank is inside the house – usually in a garage or utility room. Along the (TriRail) train tracks between Fort Lauderdale and Miami is about the only place the “tank on the roof” still exists.

I’ve lived around the country. “Up north” where the summers get uncomfortably hot, air conditioners are unusual. (Not so central heat; that IS a necessity. There are places where drivers plug their cars in at night; in some places, drivers pull up to a parking meter and plug in their vehicle’s block or pan heater.)

When did we become so dependent on electricity.

There is a commercial for Generac home standby generators that challenges us “What will you do when the power fails?”

Here is south Florida, FPL (Florida Power & Light) is pretty good, but following a hurricane, power outages are common.

What to do?

Read a book.

How can you read a book without electricity? Try candles and “kerosene” lamps.

Old timers in hurricane prone areas know to stock up on non-perishables and to stuff as much frozen food into a freezer as possible before a storm. Power outage? A survivable inconvenience.

Today’s young people have to have air conditioning.

How can they possibly survive sans A/C (and ac).

I doubt they believe me when I tell them “back in the day ...”

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PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

BCPLANNER: Comments on Softees

Risk Management Patient risk mgr Fails to realize Risk to patients

A RISK MANAGEMENT PROFESSIONAL must look beyond the generally obvious.
In the case described in the FierceHealthcare article 3 ways to guard against distracted doctoring even as digital devices add to the problem¹ a “patient safety risk manager at physician-owned medical malpractice insurer “missed the point.

THE SUBJECT was electronic media in the surgery suite, specifically “smart” devices.

According to patient safety risk manager Ms. Shelley Rizzo, non-medically necessary “smart” devices are a risk in the OR. The article cited several occasions when such devices endangered patients’ lives.

Other than the fact Ms. Rizzo is employed by an insurance company that sells policies to doctors, the article fails to list any risk management credentials (often useless in any case) nor does it present any information regarding risk management experience. The foregoing may explain why Ms. Rizzo failed to recommend what, to this scrivener, the most obvious action to take.

What she recommended

Ms. Rizzo said there are ways doctors and practices can protect themselves.

• Have policies in place.  For instance, a policy may say it is okay for doctors or medical professionals to use the internet to look up a medical protocol, but not for personal reasons such as checking Facebook. It might also address the issue of taking and circulating photos via cell phones, a reality that became well known in the death of comedian Joan Rivers. An investigation found that one of the doctors took a photo of Rivers during a throat procedure that led to her death.
• Provide mandatory education to staff. Organizations should provide ongoing staff training about the dangers distracted medical professionals can create. Staff should know when it is inappropriate to use digital devices. Doctors and others can take commonsense steps such as silencing the ringtone on their phone to avoid distractions.

What she FAILED to recommend

The obvious recommendation should have been

BAN NON-MEDICALLY NECESSARY ELECTRONICS FROM THE OR

Simple.

Human nature is to use electronic media without giving the time or location a second thought.

How many times have you been in a “No phones” zone and heard phone conversations? How many times have you seen signs reading “Please mute cell phones” and the heard phones ringing?

Answering a cell phone’s ring or a smart phone’s incoming text message “ping” is automatic for most people who use these devices. A non-thinking response.

The problem is, a distraction in the OR (or ER, or for that matter during ANY critical action) can endanger someone’s life.

If states and municipalities ban use of cell phones when driving, obviously electronic toys are a problem.

If a surgeon is in the middle of an operation and needs to consult with another doctor in another location (the surgeon probably shouldn’t be cutting in the first place*) for step-by-step instructions, then electronic media is medically necessary.

* There are times when such communication is necessary, but for non-emergency surgery, those times are exceedingly rare.

How Ms. Rizzo could ignore the most basic recommendation is beyond my ken. Her employer writes insurance policies for physicians so I would guess avoiding law suits is desirable. (Even of her company prevails, it still has legal fees to pay.)

The best, the only way, to avoid law suits claiming someone in the OR was “distracted” by a cell phone or other electronic device is BAN THEM FROM THE SURGERY SUITE and every other area where interruptions can be dangerous for the patients (e.g., emergency rooms).

As to Ms. Rizzo’s recommendations:

Have policies in place Policies are of no value unless they are read by all and enforced. Ms. Rizzo’s policy fails to address the primary issue: distractions during patient procedures. Provide mandatory education to staff. Having tried “mandatory education” – even coupled with policies and procedures – to prevent people from opening emails from unknown sources and from giving out confidential information over the phone, I know first hand that too often the education goes in one ear and out the other,

Insurance companies usually are pretty good at recommending protections for their clients and the insurer. In this case, the insurer’s risk manager completely missed the boat.

Elsewhere on the web

Do Cell Phones Belong In The Operating Room?²
Woman sues surgeon, claims he was on cell phone during operation ³
Smartphone Photos in OR Not So Smart, Says Privacy Expert ⁴
Concerns about usage of smartphones in operating room and critical care scenario ⁵
Should Cell Phones Be Allowed During Surgery? ⁶

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Sources

1. http://tinyurl.com/yacma5x8

2. http://tinyurl.com/y8g5lnm4

3. http://tinyurl.com/ycjhtqxs

4. https://www.medscape.com/viewarticle/886041

5. http://tinyurl.com/y7wdndpz

6. http://tinyurl.com/y9cro2dc

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Comments on Patients at risk