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finding that a restaurant seating area for disabled patrons in a separate “lower level lounge area” did not provide equal access to the “two raised tiers of the main dining area”Summary of this case from D'Lil v. Riverboat Delta King, Inc.
Docket No. A040139.
February 23, 1990.
Appeal from Superior Court of the City and County of San Francisco, No. 844075, Claude D. Perasso, Judge.
Paul L. Rein and Bryce C. Anderson for Plaintiff and Appellant.
John K. Van de Kamp, Attorney General, Andrea Sheridan Ordin, Chief Assistant Attorney General, Marian M. Johnston and Kathleen W. Mikkelson, Deputy Attorneys General, Louise Renne, City Attorney (San Francisco), Elaine Warren, Deputy City Attorney, Arlo Smith, District Attorney (San Francisco), and Robert H. Perez, Assistant District Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.
Michael S. Pecherer for Defendant and Respondent.
The long-standing policy of our state has been to permit our physically disabled persons the "same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places." (Civ. Code, § 54) Within the statutory scheme for enforcement of this right to equal access, our state Legislature has enacted statutes authorizing individuals to bring private actions for damages and injunctive relief against noncomplying entities. (See §§ 54.3, 55.) James Donald, a quadriplegic confined to a wheelchair, brought such an action against respondent Cafe Royale, Inc. (Cafe Royale), on the grounds that the San Francisco restaurant operated by this corporation had not complied with the pertinent access statutes and had denied him equal access. The trial court entered judgment for Cafe Royale on the basis that even if there was a lack of compliance with these access statutes, it was not established that the violation was "willful and intentional." Injunctive relief was denied for the reason that during the course of this litigation Cafe Royale became insolvent and was no longer in business. Cafe Royale was awarded attorney fees and costs as the prevailing party on the cause of action for injunctive relief. Donald appeals.
All further statutory references to section 54 et seq. are to the Civil Code.
FACTS IIn his lift-equipped van, on December 11, 1984, Donald drove from Sacramento and picked up his companion, Marivic Mabanag, at San Francisco's City Hall. Donald, an attorney, is a former deputy attorney general and former member of the Attorney General's task force on disability and former deputy director of the State Department of Rehabilitation. At the time of trial Donald was the United States representative to Disabled Peoples International and the chairman of its Human Rights Committee. Donald was acquainted with Mabanag because of her position with the mayor's office concerning agency funding for compliance with handicap access laws.
After meeting Mabanag, Donald drove to the Cafe Royale restaurant. While there was conflicting testimony as to their purpose in going to the restaurant, the trial court found they intended to inspect the premises for accessibility.
There is no dispute in the record that the Cafe Royale had been constructed on three levels. The entry level contained the bar, the piano, raised stools at raised tables and four or five nonraised tables. The main dining area was located on 2 raised tiers, the first level being 18 inches above the entry level and the second level being 18 inches above the first. These two tiers were accessible only by stairs.
The evidence showed that the only dining area with seats accessible to persons confined to wheelchairs was an area adjacent to the bar. This area was designed to hold six tables, seating a total of twenty-six people. The total capacity of the restaurant was 100 dining seats and 35 bar stools. On the evening Donald and Mabanag went to the restaurant four, and possibly five, nonraised tables were wheelchair-accessible in the area adjacent to the bar. The assistant manager, Cap Lingo, testified these tables were not generally used for dining, unless a patron requested to sit in this area. Raymond Bohm, the general manager, testified that the few tables which were handicapped-accessible were sometimes used on the weekends as an "overflow" area from the main dining area or as a dining area for patrons who specifically requested it. Otherwise, the raised tiers constituted the dining area for nonhandicapped persons and the lower level was the dining area for handicapped persons.
The trial court found that, upon entering the restaurant, Donald asked Lingo what would happen if they wanted to dine there that evening. Lingo replied that they could be accommodated. He was referring to the four or five nonraised tables in the lounge area, next to the piano. Mabanag testified that she did not observe anyone dining in this area of the restaurant and that it appeared to her to be the bar. Donald asked how a group of persons confined to wheelchairs could be accommodated and Lingo replied that if he made a reservation the group could be accommodated. When Donald asked if the tables on the raised tiers were the only tables for dining, another Cafe Royale employee replied that they were but that it would be no problem as Donald could be lifted up the stairs. Donald testified that he declined the offer to be lifted because of the danger he might be dropped and because of the attention he would attract. Donald and Mabanag made a further inspection as to wheelchair accessibility of the restrooms and telephone, and then departed without dining.
Malcolm Morrison, the architect for the Cafe Royale, stated that he merely used the designs created by the corporate president, Sam DuVall, in obtaining the building permits. Although Morrison was aware generally of handicap access requirements, he wanted to know how San Francisco's building department was interpreting the relevant statutes and codes so he consulted with an employee of that department. Morrison testified that in an "over the counter" discussion with an unidentified employee of the building department, he was informed that 25 percent handicap seating accessibility was all that was needed for compliance.
In fact, Government Code section 4450 et seq. requires that facilities conform to building standards published in the State Building Standards Code relating to access for the physically handicapped. The code provides that all floors of a restaurant be on a common level or connected by ramps or elevators. Under a hardship exception, the code will permit a configuration whereby only 75 percent of the dining area need be handicap accessible. (Cal. Code Regs., tit. 24, § 2-522, subd. (e).) It was undisputed, however, that Cafe Royale had never made a hardship request and, in any event, had far less than 75 percent accessibility.
All further statutory references to section 4450 et seq. are to the Government Code.
Prior to January 1, 1988, the California Code of Regulations was known as the California Administrative Code. (See Gov. Code, § 11344.)
All parties agreed that Cafe Royale's seating capacity was in violation of the handicap access requirements. In closing argument, counsel for Cafe Royale stated: "[W]e have never questioned that the restaurant was out of compliance. We have never questioned that at all. The position of the defense has been that we believed in good faith that it was in compliance."
PROCEDURAL BACKGROUND IIDonald's complaint contains three causes of action. The first alleges the construction, alteration and maintenance of facilities by Cafe Royale in violation of Health and Safety Code section 19955 et seq. and Cafe Royale's failure to correct these unauthorized deviations within 90 days of receiving notice from Donald pursuant to Government Code section 4452; the second claims Donald was denied equal access to the facilities in violation of section 54 et seq.; and the third seeks injunctive relief under section 55
A court trial was conducted and judgment was entered against Donald on all three causes of action. In its statement of decision, the trial court found that after being informed by Donald of its noncompliance, Cafe Royale consulted in good faith with the San Francisco Building Department to determine whether or not the accessibility requirements had been met. The building department concluded that the premises failed to comply with the accessibility requirements and discussed compliance with Cafe Royale by the means of ramps, lifts, and reconstruction. The trial court agreed with the position of Cafe Royale that in order to bring the restaurant into compliance, seating would be reduced and the restaurant would not be able to operate profitably. In November 1985, after Donald filed his complaint and Cafe Royale answered, the building department informed Cafe Royale that failure to take steps voluntarily to correct the violations would result in abatement proceedings. Cafe Royale became insolvent, surrendered its lease and stopped operation by January 31, 1986. The court found that Cafe Royale's decision to go out of business rather than to proceed with efforts to bring the restaurant into compliance was a reasonable business decision.
The trial court determined Donald failed to prove actual damages in respect to any cause of action. As to the second cause of action the court ruled that the denial or interference with admittance to or enjoyment of the facilities pursuant to section 54.3 must be intentional and willful, and that this was not established by the evidence. The court found that during the remodeling of the restaurant, Cafe Royale maintained an honest and good faith belief that the premises were in compliance.
As to the injunction cause of action, the court determined "it would be an idle act to invoke such a remedy against [a] defendant that is insolvent, no longer in business and dissolved as a corporation."
DISCUSSION III(1a) By his second cause of action, under section 54 et seq., Donald asserted he was damaged by Cafe Royale's denial of equal access. He sought actual and punitive damages as well as attorney fees. The trial court denied recovery on this claim despite its finding of Cafe Royale's noncompliance with the access requirements, i.e., section 19955 et seq., section 4450 et seq. and related State Building Standards Code provisions. The court interpreted section 54.3 as requiring an intentional and willful violation before recovery may be had.
Section 54 declares, in part, the physically disabled are entitled to the same right as the able-bodied to the full and free use of, inter alia, public buildings, public facilities, and other public places. Section 54.1 declares that physically disabled persons "shall be entitled to full and equal access, as other members of the general public, to accommodations, advantages, facilities, and privileges of all . . . places of public accommodation, amusement or resort, and other places to which the general public is invited. . . ."
Pursuant to section 54.3: "Any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in Sections 54 and 54.1 or otherwise interferes with the rights of a . . . physically disabled person under Sections 54, 54.1 and 54.2 is liable for each such offense for the actual damages and any amount as may be determined by a jury, or the court sitting without a jury, up to a maximum of three times the amount of actual damages but in no case less than two hundred fifty dollars ($250), and such attorney's fees as may be determined by the court in addition thereto, suffered by any person denied any of the rights provided in Sections 54, 54.1, and 54.2."
Notwithstanding Cafe Royale's noncompliance with the pertinent handicap access statutes, the trial court determined Donald was not entitled to recovery under section 54.3 as Cafe Royale had not intentionally or willfully denied him access. We have determined the referenced statutes do not require an intentional violation for recovery to be had.
Our analysis begins with the construction of the various statutes in question. In this analysis, we take into consideration the well-established canons of statutory construction.
(2) Our primary task is to ascertain the Legislature's intent so as to effectuate the purpose of the law. (See People ex rel. Deukmejian v. CHE, Inc. (1983) 150 Cal.App.3d 123, 132 [ 197 Cal.Rptr. 484], and cases there cited.) Toward this end we must accord a reasonable and commonsense interpretation consistent with the Legislature's purpose. ( Ibid.)
Legislative intent may only be determined by reference to the context in which the words are used. A court must discern the purpose of the statute by examining the entire enactment. ( Leslie Salt Co. v. San Francisco Bay Conservation etc. Com. (1984) 153 Cal.App.3d 605, 613 [ 200 Cal.Rptr. 575].) "[A] statute should be construed with reference to the entire statutory system of which it forms a part in such a way that harmony may be achieved among the parts [citations]. . . ." ( Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 918 [ 80 Cal.Rptr. 89, 458 P.2d 33]; People v. Chevron Chemical Co. (1983) 143 Cal.App.3d 50, 54 [ 191 Cal.Rptr. 537].) This is a restatement of the rule that statutes in pari materia, i.e., concerning the same subject matter, are a relevant source of aid in interpreting the statute in question. ( People v. Chevron Chemical Co., supra, at p. 54.)
Another critical concern in analyzing the language of the statute is "`the objective sought to be achieved by a statute as well as the evil to be prevented. . . .' [Citation.]" ( People ex rel. S.F. Bay etc. Com. v. Town of Emeryville (1968) 69 Cal.2d 533, 543-544 [ 72 Cal.Rptr. 790, 446 P.2d 790]; Leslie Salt Co. v. San Francisco Bay Conservation etc. Com., supra, 153 Cal.App.3d at p. 614.)
(3) Finally, the legislative history of a statute is a legitimate and valuable aid to ascertaining the statutory purpose. ( California Mfrs. Assn. v. Public Utilities Com. (1979) 24 Cal.3d 836, 844 [ 157 Cal.Rptr. 676, 598 P.2d 836].)
(1b) Viewing the statute reasonably and in a commonsense fashion compels the conclusion that no intent element is set forth. Under section 54.3, a physically disabled individual who has been denied equal access to public facilities, as prohibited by sections 54, 54.1, and 54.2, may recover treble damages "but in no case less than" $250. The plain meaning of this language is that ordinarily minimum statutory damages in the amount of $250 must be awarded for a denial of equal access in violation of section 54 et seq., notwithstanding the defendant's intent.
This interpretation is in accord with and furthers the apparent statutory purpose. The various legislative pronouncements of our state's policy leave no doubt that the purpose of section 54 et seq. and section 19955 et seq. is to reduce or eliminate the physical impediments to participation in community life by the physically handicapped. ( In re Marriage of Carney (1979) 24 Cal.3d 725, 738 [ 157 Cal.Rptr. 383, 598 P.2d 36, 3 A.L.R.4th 1028].) The express purpose of section 19955 and section 4450 is to make all public and private buildings accessible to physically handicapped persons. In furtherance of this goal, section 19955, which incorporates section 4450 by reference, establishes specific standards of compliance in the State Building Standards Code. Section 19955 provides in part: "(a) The purpose of this part is to insure that public accommodations or facilities constructed in this state with private funds adhere to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code." This statute specifically includes restaurants within the definition of public accommodations or facilities. In turn, section 4450 of the Government Code mandates the State Architect's adoption of building standards and other regulations "for making buildings, structures, sidewalks, curbs, and related facilities accessible to and usable by the physically handicapped."
The purpose of this legislation is further echoed in administrative regulations. Pursuant to section 4450, the State Building Code requires: "In buildings and facilities, floors of a given story shall be a common level throughout, or shall be connected by pedestrian ramps, passenger elevators, or special access lifts." (Cal. Code Regs., tit. 24, § 2-522, subd. (e).) The purpose of this part is: "To assure that barrier free design is incorporated in all buildings, facilities . . . to which this Code applies to assure that they are accessible to, and usable by, physically handicapped persons." (Cal. Code Regs., tit. 24, § 2-101, subd. (b).)
The State Building Code is a part of the compiled State Building Standards Code. (Cal. Code Regs., tit. 24, § 2-100.)
This section also contains the following four exceptions which, as shown by the evidence, were not pertinent to the instant action: "EXCEPTION NO. 1: In existing buildings, other than dining, banquet, and bar facilities, when the enforcing agency determines that compliance with this section would create an unreasonable hardship, an exception shall be granted when equivalent facilitation is provided. [¶] EXCEPTION NO. 2: In new and existing dining, banquet, and bar facilities, when the enforcing agency determines that compliance with this section would create an unreasonable hardship, an exception shall be granted provided that a minimum of 75 percent of the dining, banquet, and bar area shall be a common level throughout or shall be connected by pedestrian ramps, passenger elevators, or special lifts. See Section 2-110(b)11D for new buildings only. [¶] EXCEPTION NO. 3: In existing buildings, this section shall not apply when legal or physical constraints would not allow compliance with this section or equivalent facilitation without creating an unreasonable hardship. See Section 2-110(b)11D. [¶] EXCEPTION No. 4: Where specifically exempted in other portions of this code."
The legislative concern with the enforcement difficulties of the handicap access legislation has been stated with clarity. In declaring an amendment to section 54.3 to be an urgency statute, the Legislature explained: "This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting such necessity are: [¶] Many physically disabled persons are presently being deprived of their civil rights because the enforcement provisions of Sections 54, 54.1, and 54.2 of the Civil Code are not adequate to insure such rights. This act will provide adequate enforcement and insure that the civil rights of physically disabled persons are being enforced and thus it is necessary that this act take effect at the earliest possible date." (Stats. 1977, ch. 881, § 4, p. 2651, italics added.)
The Legislature's awareness of the continuous problems of enforcement is also reflected in the expansive nature of this body of legislation. (See Achtenberg, "Crips" Unite to Enforce Symbolic Laws: Legal Aid for the Disabled: An Overview (1975) 4 U. San Fernando Val.L.Rev. 161, 175, 208.) Over the two decades since the enactment of sections 54, 54.1 and 54.3, the Legislature has repeatedly expanded the methods of enforcement. (See People ex rel. Deukmejian v. CHE, Inc., supra, 150 Cal.App.3d at p. 135, quoting In re Marriage of Carney, supra, 24 Cal.3d at p. 740.) As originally enacted in 1968, section 54.3 set forth that a denial of equal access under sections 54, 54.1 and 54.2 constituted a misdemeanor. (Stats. 1968, ch. 461, § 1, p. 1093.) In 1976, the statute was amended so that anyone depriving a physically handicapped person of equal access was subject to liability for actual damages plus a maximum of $500 in punitive damages for each offense. (Stats. 1976, ch. 971, § 2, p. 2270.) In 1977, the limit on punitive damages was increased to $1,000. (Stats. 1977, ch. 881, § 1, pp. 2650-2651.) The 1981 amendment removed the $1,000 cap on punitive damages and set forth, as the statute now provides, that a violator is liable for actual damages as well as an amount up to three times actual damages "but in no case less than two hundred fifty dollars ($250). . . ." This last amendment also subjected a defendant to liability for the plaintiff's attorney fees. (Stats. 1981, ch. 395, § 1, pp. 1582-1583.)
An additional remedy was added by the enactment of section 55 in 1974. By this statute, a private action for injunction was authorized for any individual aggrieved or potentially aggrieved by a violation of section 54 or 54.1 (Stats. 1974, ch. 1443, § 1, p. 3150.)
Finally, in 1976 the Legislature endorsed an additional enforcement method by enacting section 55.1 which authorizes injunction actions by the district attorney, city attorney, Department of Rehabilitation or Attorney General. (Stats. 1976, ch. 869, § 1, p. 1979.)
It is plain to see the Legislature's purpose in imposing increased penalties and additional enforcement methods is to guarantee compliance with equal access requirements. The impediments to the physically handicappeds' interaction in community life is the inequity which section 54 et seq. and section 19955 et seq. seek to prevent. This goal is not met by adopting an interpretation of section 54.3 which would include an element of intentional violation. Such a construction ignores the express language of the statute, its apparent purpose, and the public policy goal of the legislation. The level of compliance would diminish, a result that is clearly repugnant to the statutory purpose.
In Drewry v. Welch (1965) 236 Cal.App.2d 159 [ 46 Cal.Rptr. 65], in analyzing the validity of Civil Code section 3346 pertaining to double damages for trespass in removing timber, the court held the penal aspect of the statute did not invalidate it. The court considered the numerous areas in which the Legislature has enacted penal statutes without reference to any element of willfulness or malice. ( Id., at pp. 173-174.) The Drewry court reasoned: "`. . . "Public policy may require the Legislature, in prohibiting and punishing particular acts under certain circumstances, to provide expressly or impliedly, that any person who shall do the act shall do it at his peril, and that he shall not be allowed to escape punishment by showing that he acted in good faith, without negligence, and in ignorance of the existence of the circumstances rendering the act unlawful. If the language and subject-matter of the statute show clearly that this was the intention of the Legislature, the courts must give it effect, however harshly the statute may seem to operate in the particular instance." . . .' [Citation.]" ( Id., at pp. 175-176.)
The public policy interest in providing physically handicapped persons with equal access to public facilities warrants the enactment of a statute prescribing liability for denial of access without reference to the violator's intent.
Our interpretation that section 54.3 contains no intent element does not preclude the possibility that in some instances denial of access under the statute may be excused, e.g., where the violator has been affirmatively directed, or given formal approval, by an enforcing agency to construct premises in a certain way, or maintain a configuration, which does not comply with the code requirements. However, the evidence of the manner in which Cafe Royale proceeded in the instant case is simply not enough. An informal meeting over the counter with an unidentified building department employee does not suffice to excuse compliance. The architect Morrison himself testified in respect to such a preliminary inquiry to the building department: "They don't approve anything. They give you their impression — their interpretation of the Code and whether the drawing that you're showing them at the moment seems to comply with that."
The judgment in favor of Cafe Royale on the second cause of action must be reversed but we have determined that a new trial on the question of damages is unnecessary. The trial court should enter a judgment in favor of Donald in the amount of $250. A further trial on the issue of damages is not required as the trial court's finding that Donald suffered no actual damages by the denial of access is supported by substantial evidence. (See Peat, Marwick, Mitchell Co. v. Superior Court (1988) 200 Cal.App.3d 272, 277 [ 245 Cal.Rptr. 873], cert. dism. 490 U.S. 1086 [ 104 L.Ed.2d 673, 109 S.Ct. 2114].) The only evidence offered on the issue of damages was a brief comment by Donald. When asked how he felt after learning the tables in the bar area were the only accessible dining tables, Donald testified: "Well, it's not an unusual occurrence for this to happen and my reaction generally is negative in this situation and this time I was especially negative because I had made a special trip to San Francisco for the purpose of having dinner with Marivic and it was — it was upsetting." Donald stated he went to the restaurant with a specific social purpose, to have a nice evening with Mabanag, and the denial of access defeated this purpose. Actual damages beyond the $250 statutory minimum have not been proven by this evidence.
(4) Additionally, we find unavailing Donald's argument that the trial court was in error in limiting testimony concerning his good faith purpose in visiting the restaurant. During Mabanag's direct examination by Donald's counsel, the trial court sustained defense counsel's objection when Mabanag was asked whether she had any reason to think Cafe Royale would or would not be accessible. Donald claims that the court's denial of damages based on the finding that no evidence of damages had been shown is reversible error inasmuch as the court's own ruling limited the introduction of testimony on the issue of his good faith in visiting the restaurant.
A review of the record, however, shows that evidence as to Donald's social purpose was introduced. Following the court's ruling, Mabanag's testimony was admitted to the effect that Donald and she had gone to the restaurant specifically for the purpose of having dinner. Additionally, Donald testified that he was going out with Mabanag for social reasons and that he came from Sacramento in order to go out to dinner with her at a restaurant she had selected. Donald did not know where they were going. He had never heard of the Cafe Royale before. He only knew that Mabanag wanted to go to a new restaurant and it was his experience that new restaurants were generally accessible. He testified that upon entering the restaurant he had no reason to believe it was inaccessible to physically handicapped. Donald became upset when he realized he was unable to eat in the main dining area without being lifted up the stairs. He testified the inaccessibility of the restaurant upset him and destroyed the evening for him. Evidence as to Donald's good faith in visiting the restaurant was clearly admitted. Reversible error is not shown in this regard.
IV(5) Donald's first cause of action sought damages for Cafe Royale's noncompliance with the access statutes and regulations as set forth in sections 19955 et seq., and 4450 et seq.
That the handicap access provided by Cafe Royale violated the regulatory statutes cited is undisputed. In People ex rel. Deukmejian v. CHE, Inc., supra, 150 Cal.App.3d at page 134, the Court of Appeal analyzed whether a separate restaurant entrance for the physically handicapped violated the equal access provisions under Health and Safety Code section 19955 and Government Code section 4450. The CHE court concluded that equal access had been denied and reversed the summary judgment entered in favor of the restaurant on the plaintiff's action to compel legally sufficient access. ( Ibid.) The physically handicapped entrance provided by the restaurant in CHE was comprised of entry through an employee door and a route through the kitchen and scullery area. The court held that in order to constitute equal access, a separate primary entrance "must necessarily be burdened by a substantial flow of pedestrian traffic. . . ." ( People ex rel. Deukmejian v. CHE, Inc., supra, 150 Cal.App.3d at p. 135.) "We believe the law is intended to promote accommodation of the physically handicapped by insuring them access to public restaurants without facing the unnecessary, adverse psychological impact of being separated from regular customer traffic and shunted through secondary entrances." ( Id., at pp. 135-136.) Notably, CHE involved an action by the Attorney General and the Director of the State Department of Rehabilitation against a restaurant operator, the city of its location and the city's building director, to compel compliance with the equal access statutes.
Similarly, the separate and limited accommodations for dining at Cafe Royale for the physically handicapped did not constitute equal access. Viewing the evidence in the light most favorable to the respondent Cafe Royale, as we must (see Crawford v. Southern Pacific Co. (1935) 3 Cal.2d 427, 429 [ 45 P.2d 183]) only four, or possibly five, of the twenty-six tables in the restaurant were accessible to the physically handicapped. These tables were located in the lower level lounge area, separate from the two raised tiers of the main dining area. The able-bodied patrons were afforded the ambience of dining on raised tiers, while wheelchair-confined patrons were relegated to an area in the bar adjacent to the piano.
Although Cafe Royale was not in compliance with section 19955 et seq. and section 4450 et seq., we have determined that reversal of the judgment in respect to the first cause of action is not required, as these statutes do not provide a cause of action for damages independent of section 54 et seq. to a physically disabled individual denied access.
Sections 19955 et seq., 4450 et seq. and 54 et seq., taken together, provide for a two-fold procedure. A designated public agency or an individual may initiate an action to enforce compliance with the handicapped access standards provided for by section 19955 et seq. and section 4450 et seq. On the other hand, to maintain an action for damages pursuant to section 54 et seq. an individual must take the additional step of establishing that he or she was denied equal access on a particular occasion. Thus, Donald was entitled to an award of damages in the instant case on his second cause of action but not based on the first cause of action. For example, let us take a restaurant that is required to have 100 percent of its dining area accessible to the handicapped, but in fact only 90 percent of the dining area meets this standard. If a handicapped individual is readily seated and served in the 90 percent primary dining area which meets all handicap access requirements, then he or she would not have a cause of action for damages for denial or interference with admittance pursuant to Civil Code section 54.3, but an individual or a designated public agency could pursue an action under one of the enforcement provisions to bring about full compliance by the restaurant.
Section 19958 of the Health and Safety Code provides in pertinent part: "The building department of every city, county, or city and county shall enforce this part within the territorial area of its city, county, or city and county. The responsibility for enforcing Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code in its application under this part shall be by such building department within the territorial area of its city, county, or city and county."
Further section 19958.5 provides: "The district attorney, the city attorney, the Department of Rehabilitation acting through the Attorney General, or the Attorney General may bring an action to enjoin a violation of this part." In a related provision Government Code section 4458 provides: "The district attorney, the city attorney, or the Attorney General may bring an action to enjoin a violation of [section 4450 et seq.]." Also, an individual aggrieved or potentially aggrieved by a violation of Government Code section 4450 and Health and Safety Code section 19955 may bring an injunction action under Civil Code section 55
(6a) Donald also challenges the trial court's denial of injunctive relief under section 55, as set forth in his third cause of action. By his complaint, Donald sought a preliminary and permanent injunction prohibiting the Cafe Royale from operating the restaurant in violation of Health and Safety Code section 19955, Government Code section 4450 and title 24 of the California Code of Regulations, as well as section 54 et seq. As we have stated, the court determined such a remedy would be an "idle act" in view of the fact that Cafe Royale was no longer in business, was insolvent and dissolved as a corporation. Additionally, the court denied injunctive relief on the ground that it would serve no "public or private good." Donald contends that the judgment on this cause of action is without evidentiary or legal support. We disagree.
Section 55 provides in part: "Any person who is aggrieved or potentially aggrieved by a violation of Section 54 or 54.1 of this code, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code may bring an action to enjoin the violation."
(7) The denial of an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion. ( Salton Bay Marina, Inc. v. Imperial Irrigation Dist. (1985) 172 Cal.App.3d 914, 964-965 [ 218 Cal.Rptr. 839].) (8) A change in circumstances, rendering injunctive relief moot or unnecessary, justifies the denial of an injunction. (See Mallon v. City of Long Beach (1958) 164 Cal.App.2d 178, 190 [ 330 P.2d 423]; see 6 Witkin, Cal. Procedure (3d ed. 1985) Provisional Remedies, § 281, pp. 240-241.) Injunctive relief will be denied where, at the time of the order or judgment, no reasonable probability exists of the recurrence of the past acts. An injunction should not be granted as punishment for past acts where it is unlikely that they will recur. ( Mallon v. City of Long Beach, supra, 164 Cal.App.2d at p. 190.)
(6b) The record shows that during the course of this litigation Cafe Royale, Inc., ceased operating the restaurant and that another restaurant, owned and operated by a different corporation and individuals, is now at the location. The president of Cafe Royale, Inc., Sam DuVall, testified that even before Donald filed the instant complaint against the corporation, the restaurant was not operating profitably. By the time of trial on Donald's complaint, DuVall had closed the Cafe Royale.
In his prayer for relief pursuant to section 55, Donald asked: "That defendants be enjoined from operating the CAFE ROYALE as a public accommodation and enjoined from operating such restaurant as an eating facility open to the public, so long as handicapped persons are not provided full access to the accommodations, including entry to the restaurant as required by law or are wrongfully discriminated against in any way, as provided by Sec. 54, et seq. of the Civil Code. . . ." That this cause of action is moot is demonstrated by the fact that the precise relief requested in the complaint was achieved by the time of trial. The trial court did not err in denying injunctive relief.
(9a) Cafe Royale was determined to be the prevailing party on the section 55 cause of action for injunctive relief, and was awarded $12,000 in attorney fees. Donald contends that the trial court erred in designating Cafe Royale as the prevailing party for purposes of an award of attorney fees. We agree.
(10) It is well settled that a decision on the matter of attorney fees is within the trial court's discretion and will not be disturbed on appeal absent a clear abuse of discretion. ( In re Marriage of Popenhager (1979) 99 Cal.App.3d 514, 525 [ 160 Cal.Rptr. 379].) (9b) In pertinent part, section 55 provides: "The prevailing party in the action shall be entitled to recover reasonable attorney's fees." In view of the fact that Cafe Royale was indisputably in violation of the handicap access requirements, the determination that Cafe Royale "prevailed" for purposes of attorney fees on the injunction cause of action constitutes an abuse of discretion.
The definition of a "prevailing party" in section 1032, subdivision (a)(4) of the Code of Civil Procedure includes "a defendant where neither plaintiff nor defendant obtains any relief." However, this definition is qualified by the limitation "unless the context clearly requires otherwise." (Code Civ. Proc., § 1032, subd. (a).) Moreover, a plaintiff will be considered a prevailing party where the lawsuit was the catalyst motivating the defendants to modify their behavior or the plaintiff achieved the primary relief sought. (See California Common Cause v. Duffy (1987) 200 Cal.App.3d 730, 741 [ 246 Cal.Rptr. 285] [analyzing "prevailing party" within the context of Code Civ. Proc., § 1021.5, the private attorney general doctrine].)
The legal and factual context of the instant case compels the conclusion that Cafe Royale cannot be considered the prevailing party for purposes of attorney fees on the section 55 cause of action. Injunctive relief was denied for the express reason that the restaurant was no longer in business, not because access violations had not been demonstrated. Furthermore, evidence in the record indicates and the court determined that Cafe Royale ceased operation due to the fact that the costs of compliance with access requirements would not have permitted operation of a profitable restaurant.
In the instant case Donald filed his section 55 cause of action in order to enjoin Cafe Royale's operation in violation of the pertinent statutes and administrative code provisions. The cessation of Cafe Royale's operation of the restaurant achieved that result. Under these circumstances, it was an abuse of discretion for the court to determine that by going out of business and rendering the issue moot, Cafe Royale "prevailed" for purposes of attorney fees. Neither party prevailed for purposes of an award of attorney fees on the cause of action for injunctive relief.
CROSS-COMPLAINT VII(11) Earlier in the proceedings below, the court sustained Donald's demurrer without leave to amend on Cafe Royale's cross-complaint. Donald contends the court erred in denying his request for entry of judgment on the cross-complaint. We agree. An order sustaining a demurrer without leave to amend is not a final judgment; a judgment of dismissal follows such an order as a matter of course. ( Berri v. Superior Court (1955) 43 Cal.2d 856, 860 [ 279 P.2d 8].)
The judgment in favor of Cafe Royale on Donald's first cause of action, seeking damages pursuant to sections 19955 et seq. and 4450 et seq., is affirmed.
The judgment in favor of Cafe Royale on Donald's second cause of action, seeking damages pursuant to section 54 et seq., is reversed and remanded, and the superior court is directed to enter judgment on this cause of action in favor of Donald, awarding him damages in the amount of $250, and awarding him attorney fees in an amount determined by the superior court in accordance with section 54.3
The judgment in favor of Cafe Royale on Donald's third cause of action, seeking injunctive relief, is affirmed, except that the portion of the judgment and the order awarding Cafe Royale attorney fees pursuant to section 55 is reversed, and neither party is to be awarded attorney fees pursuant to this section.
The superior court is directed to enter judgment in favor of Donald on Cafe Royale's cross-complaint.
Donald shall be awarded his costs of suit at trial on appeal.
White, P.J., and Strankman, J., concurred.
A petition for a rehearing was denied March 23, 1990.

domain: law


text:
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|| New from bestselling author Wanda E. Brunstetter is another winner in the Rachel Yoder series for kids ages 8 to 12. Readers will join eleven-year-old Rachel on her next adventure, as she makes things go from bad to worse with her out-of-control assumptions and then learns a very hard lesson about gossip.
|| Electronic reproduction. Uhrichsville : Barbour Books, 2013. Requires OverDrive Read (file size: N/A KB) or Adobe Digital Editions (file size: 2356 KB).

domain: literature


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The Cancer Support Group ACT Eden Monaro’s Own began in 1985 when Yvonne Cuschieri started raising funds to enable 13 local teenagers with cancer to attend a CanTeen national camp. It wasn’t long before social workers started asking for her help for other families who were facing crisis situations. In March 1986, Yvonne asked friends for their help and the first ACT Eden Monaro Cancer Support Group meeting was held in her dining room. Over the years, the number of requests for help has been enormous, to support children and adults with cancer and to assist their families at a very difficult time.
In 2010, the decision was made to rename the group – The Cancer Support Group ACT Eden Monaro’s Own – to highlight the work we do over our location.
What we do
The Cancer Support Group, ACT Eden Monaro’s Own, provides financial assistance and support to cancer patients and family residing with them within the ACT, Queanbeyan, South Coast and surrounds.
A charitable organisation, the group relies on fundraising, community partners, the generosity of businesses and the local community, to meet the needs of the increasing number of families that require our assistance.
To support cancer patients and their families through the provision of financial assistance, which specifically addresses the cancer patient’s medical prognosis/treatment program. Each case is treated on its merits at the time of application.
To reduce the emotional and financial burden on families who have a member undergoing treatment for cancer.

domain: medical


Republicans are feeling good about the Montana Senate race
Here's one reason Republicans are feeling better about the Montana Senate race: a new internal poll for the National Republican Senatorial Committee (NRSC) shows Republican candidate Matt Rosendale leading Democratic Sen. Jon Tester by two points.
Why it matters: While this poll doesn't mean Democrats are certain to lose, they can't afford to give up this Senate seat in November. Montana's Senate seat is one of 10 Democrats are defending in states Trump won in 2016.
Two caveats to this poll: (1) the sample size is 600 likely voters around the state and (2) the margin of error is 4 points, meaning that Tester could, in fact, be ahead. And the Real Clear Politics average has Tester up by 5.5 points.
- The poll also shows that Tester has a 49% favorable rating compared to Rosendale's 44%.
- Illegal immigration is the top concern (24%) among the likely voters surveyed for this poll. That could help Rosendale fire up the Republican base in Montana, especially after President Trump tweeted "Democrats like Jon Tester continue to support the open borders agenda – Tester even voted to protect Sanctuary Cities. We need lawmakers who will put America First."
One more thing: Republicans control every statewide office in Montana, except for Tester's Senate seat and the governorship, per Real Clear Politics.


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Umrah Visa Policy for Kenya
New Umrah Visa Policy 2019-20 (1441 AD) for Kenya has been announced by the Saudi government.
Saudi Arabia is considered as the top religious tourism country for Muslims. It is a reason that Muslims from around the globe come for Hajj and Umrah here. However, recently, the Saudi government revealed the important details regarding
the new Umrah Visa Policy 2019-20 (1441 AD), the issuance of visa began from Muharram 10, 1441 AD, Sep 10, 2019. Kenya is the African country and regarded among key Islamic countries. In 2018 and 2019, several pilgrims from Kenya came for Umrah. As per the statistics of Ministry of Hajj and Umrah, thousands of Muslims came to perform the Umrah.
Umrah Visa Fee for Kenya
From now, Saudi government has been introduced online Umrah visa or called Umrah
e-visa for pilgrims going for Umrah. There is no visa fee for Umrah going from
Kenya for their first visit or at least spend two years from last Umrah visit.
Earlier, there was a SAR 2000 Umrah fee for those people who are visiting within
two years of their last Umra. However, it is now lifted.
Umrah Visa Consulate in Kenya
Address: Main Muthaigh Rd Nairobi KE, Kenya
Phone: +254 20 4062781
Umrah Visa Agent in Nairobi
> Crown Tours & Car Hire Ltd
Address: Utalii House Ground floor
Phone Number: 00254202227626

domain: news


GOP governors to Hill Republicans: Step up
Ask Pennsylvania Gov. Tom Corbett and Utah Gov. Gary Herbert what they think of Hill Republicans’ strategy on the sequester, and you get the exact same response: “What strategy?”
It’s a sign that Republican governors might be still giving President Barack Obama a lot of the blame for the sequester — but they’re fed up with their own side, too.
Their message for House Speaker John Boehner and other GOP leaders: It’s not OK to just sit on the sidelines. It’s time to do something to stop the automatic cuts, and fast.
“They need to stop having press conferences and start meeting,” Virginia Gov. Bob McDonnell told POLITICO Sunday, referring to both Hill Republicans and Obama. “The time for shows is over. We’ve had 18 months.”
Other governors were even harsher.
“I think there’s a lack of leadership, period. And there’s enough lack of leadership blame to go around,” Herbert said Sunday. “The president needs to step up with his proposals. Speaker Boehner needs to come to the table with his proposals. And what’s happening with [Senate Majority Leader Harry] Reid? I mean, they haven’t done a budget there for four years.”
“They all need to step up,” Herbert said. “Whatever the strategy is, it seems to be not too good a one.”
The new rumblings match what’s been going on behind the scenes for months. Governors have publicly signed on to letters bashing Obama and praising House Republicans’ efforts, but privately their offices have been urging lawmakers to work harder to avoid potentially devastating cuts — particularly those that could hit local programs.
It’s a reality check moment for the Republican Party, with state leaders fearing they’ll be left to clean up the economic disaster back home if Washington can’t overcome its partisan stalemate.
Corbett, whose state is one of the top 10 states that could be hit hardest by job losses, says congressional Republicans — and Democrats — need to restart the talks with Obama about how to replace the sequester.
“Frankly, I think the Hill ought to be saying, ‘We’re ready to sit down and work on a budget right now, and we will go through it line by line,’” Corbett said Sunday. “That’s what you’ve got to do. That’s what we do as governors.”
Until now, Republican governors have mostly been content to blame Obama for the sequestration cuts that will hit their states in five days, and they’ve stayed quiet about the role their Hill colleagues have played in the mess. That’s exactly what Republican leaders wanted, since they’re trying to stick Obama with the blame for the cuts, insisting it’s up to him to come up with a backup plan that doesn’t raise taxes again.
But governors aren’t having it anymore.
McDonnell — who says his state would be hit harder than any of the others, losing 200,000 jobs if the sequester hits — doesn’t even care if Republicans keep fighting Obama’s calls for more tax increases.
“Well, listen, I’m not going to tell them how to do it, but what’s unacceptable is to put half the cuts on the Department of Defense while we’ve got kids in Afghanistan,” McDonnell said. Obama needs to do a lot more on entitlement reform, he said, but “don’t put half of it on defense. Every area is going to have to be cut.”
It’s easy enough for governors to blame all of Congress for lousy leadership, of course. But Hill Republicans need unity in their ranks if they’re going to stick to their message — that it’s up to Obama and the Democrats to propose a sequester replacement plan with no new revenues, since the House already passed a bill by Paul Ryan last year that would have headed it off entirely through spending cuts.
Instead, they’re sharing the blame for what Republican governors see as a broken, crisis-driven city that never actually solves its budget problems.
“I think this city manages from one crisis to the next, and that’s part of the problem,” Gov. Scott Walker of Wisconsin told reporters on Friday. “They don’t deal with the bigger issue, the bigger long-term implication. It’s always end of the year, then it’s March 1, then it’s the next thing — that’s inherently what their problem is.”
Democratic governors are urging Obama to stop the sequester too, and they’re likely to deliver that general message to him at the White House Monday. But they’re not pushing him to take revenues off of the table or accept something like the Ryan package of spending cuts, which hit health care programs like Obamacare and Medicaid that are huge Democratic priorities.
In fact, some of them say they have sympathy for Obama. “The president has a sense of urgency, but he’s stuck. Who do you deal with?” Connecticut Gov. Dan Malloy said at a POLITICO event Friday. “The speaker can’t cut a deal and take it back to his caucus and sell it.”
It’s not clear what specific direction GOP leaders should take from the Republican governors, since not all of them are ready to give the green light to put revenues on the table.
“My big concern is, don’t make it worse by agreeing to a deal that will take money out of the economy by raising taxes, because I think that would have a devastating impact on the nation’s economy, which would have a negative impact on states,” Walker said.
But one thing Republican governors do want — at a minimum — is more discretion to determine how the cuts will be made. And privately, some want the Department of Defense to have more authority to spread the cuts as painlessly as possible, too.
Corbett, who is facing National Guard furloughs in Pennsylvania when the sequester hits, says he’s going to meet with the state’s congressional delegation on Tuesday to discuss what can be done to give the state more flexibility to achieve the needed savings without furloughs.
“I’m going to object” to the furloughs, Corbett said. “We have enough time that we can give them the savings that they want by not hiring for the vacancies that we have. [But] my understanding is that my adjutant general is being told they can’t do that. They’ve got to furlough.”
Some of the GOP governors have been urging both Obama and the Hill to do more for months. McDonnell has “written multiple letters, and made personal appeals directly, to the president and members of Congress calling for an immediate fix to the sequester,” according to spokesman Jeff Caldwell. In addition, “we have worked closely with Virginia’s congressional delegation to raise awareness of the impacts of sequestration on our economy, and the potential long-term results of this shortsighted policy.”
But for all their frustration with Congress, they’ve been spending more of their time factoring the sequester into their budgets, bracing for the worst, and focusing on working with their legislatures on initiatives they can actually control — like tax and entitlement reforms at the state level, according to Phil Musser, a consultant and former executive director of the Republican Governors Association.
“I think most of them are focusing on what they can control and not what they can’t control,” said Musser.
Now, defense groups and others fighting the cuts are hoping that GOP governors have found their voice — and that governors from both parties will be able to get Obama and Congress back to the table.
“What we’re pushing for is collective action,” said Dan Stohr, a spokesman for the Aerospace Industries Association. “Hopefully, their collective voices will persuade our elected officials to solve this.”
This article first appeared on POLITICO Pro at 6:16 p.m. on February 24, 2013.


ISLAMABAD: Supreme Court of Pakistan lashed out at the Prime Minister of Pakistan over the issue of population census.
Supreme Court (SC) on Thursday has directed to conduct population census on March 15, 2017.
SC expressed resentment over the government for delay in carrying out the census and not finalizing any date.
Chief Justice Anwar Zaheer Jamali remarked that there is no other option besides summoning the Prime Minister in the court.
He directed to commence the population census on March 15, 2017 and conclude it on May 15, 2017.


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Smok Novo 2 Review – Vaporizes SUCH AS A Champ
There are so many reasons to buy the Smok Novo 2. The Smok brand ‘s been around for quite some time and they are known for their high quality electronic products. They are easy to use and make great regular additions to your household. Just about all Smok Novos is loaded with tons of useful features that may help you enhance your radio listening experience. You can also get other handy features that include your Smok. These handy functions to make your radio one that you will definitely enjoy for some time to come.
The biggest change in the Smok Novo 2 is the huge upgrade in battery, going from the typical 450mAh to the new 800mAh. The increase in battery life means that it is possible to listen longer throughout your outdoor travels. Double the battery power life means twice the battery. Power output in addition has been raised from 10 sixteenW to more than six twenty-eight for a substantially broader wattage band. That is done by using new e-liquid polymer cartridges and larger, flat design pods.
When using your Smok Novo 2, you can expect to have a great time due to the fact it is so enjoyable to use. There is such a Element Vape Discount Code diverse amount of different flavors you could choose from to suit your taste preferences. You can have a preference of tobacco, menthol, and spicy, or perhaps a subtle mixture of apple and caramel. If you like your fruit flavors pure, also you can select these. One of the most popular flavors are peach, raspberry, blueberry, chocolate mint, grapefruit, and coconut.
Among the finest features about the Smok Novo 2 is usually its new battery life. It includes one hour of battery life, that is about double what the previous generation pods offered. That is just perfect if you plan on making several different beverages together with your Pod. It is simple to make flavored water, coffee, and even tea. Lots of people enjoy their beverages long good enough to produce a second cup without running out of the juice.
The vapor output on the Smok Novo 2 is first class. When you use the electronic vaporizer, you get a precise amount of flavoring or vapor. There exists a level of control if you are using the kit, and you will change the amount of vapor produced as you like. This makes it very easy to start utilizing the kit, devote the flavors you like, and turn it on. Vaping lets you avoid exposure to potentially harmful chemicals found in traditional cigarettes.
Another great function of the Smok Novo 2 is that it is compatible with the popular Niche e-liquid formula. It is possible to select from two different power output ranges when you power up your machine. You may get a strong flavor from one power output level, while using a lighter flavor with the second.
The power proficiency of the Smok Novo 2 is almost double that of the initial generation. This is achieved because of the increased battery ability. The battery lasts almost doubly long because the first version, which gives you plenty of time to take pleasure from your vapor working experience. The Smok Novo 2 could also be used if you are not going somewhere for a few hours. The battery will last you nearly double the time it did on the initial version. This extra battery capacity helps you enjoy your item for longer intervals before you must recharge it once more.
There are quite a few great benefits on the market with the Smok Novo 2. Included in these are a higher wattage output, far better voltage regulation, and longer-lasting battery pack life. The very best part is which you can use this fantastic vaporizer and never have to mess around with adjusting your wattage or voltage ranges. Simply use the contained charger to power it up and it will be ready to choose hours without having to worry about these exact things. The Smok Novo 2 tends to make using vaporizers easy and constantly entertaining.

domain: hobby


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JLL Capital Markets announced that it has closed the sale of the two-property, 382-bed / 146-unit, value-add student housing portfolio at Clemson University in South Carolina, consisting of The Enclave in Town and The Enclave on Old Central.
JLL worked on behalf of the seller, Centerlane Capital, LLC and Burkely Communities, LLC. Pierce Education Properties acquired the asset.
Built in 1998, The Enclave in Town and The Enclave on Old Central offer two- and three-bedroom units with stainless steel or white appliances, full-size washers and dryers and plank vinyl flooring. Community amenities include a swimming pool, a 24-hour fitness center and an on-site dog park.
Situated at 423 Lindsay Rd. and 1146 Old Central Rd., the properties are conveniently located on the CAT Bus line. The communities are just a short drive from campus and approximately 0.8 miles from Highway 123, which runs east to west and gives students access to “Restaurant Row.” Additionally, Downtown Clemson is about 1.4 miles from the portfolio and is home to several of the college’s popular restaurants and nightlife.
The JLL Capital Markets Investment Advisory team representing the borrower was led by Senior Directors Teddy Leatherman, Scott Clifton and Stewart Hayes.
JLL Capital Markets is a full-service global provider of capital solutions for real estate investors and occupiers. The firm’s in-depth local market and global investor knowledge delivers the best-in-class solutions for clients—whether investment and sales advisory, debt advisory, equity advisory or a recapitalization. The firm has more than 3,000 Capital Markets specialists worldwide with offices in nearly 50 countries.

domain: geography


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Blossom, rescued with her sister, Rosie, at three weeks of age, is a very smart little girl. She watches the older cats and quickly follows their lead in using the litter box or the pet door. Blossom loves to be held and has the loudest purr possible. Both Blossom and Rosie will follow you around the house just to be close, and playtime is anytime they find a toy or paper wad. They are bonded and will be adopted together.
All adoptions require an online application at https://care-cats.org first.

domain: pet


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Some where in Brazil apparently fans are allowed to watch local games brandishing weapons and if you are on the opposing team you’re an your own.
So according to Mirror, this video of people gathered around the goal and fans toting machine guns happened in a ‘favela’, a low-income urban settlement in the Brazilian capital of Rio de Janeiro.
Notice how the goalkeeper comported himself and eventually during the actual kick dived real casually?
Maybe it’s just us but do you think the goalkeeper went the wrong away – on purpose?
Let’s have your thoughts!


Browse black widow film pictures, photos, images, gifs, and videos on photobucket.
Look up black widow or black widows in wiktionary, (–), convicted murderer; the black widow murders, black widow, a film directed by brad turner;. Jan 27, · video embedded · published on jan 27, yes, film & animation; license marvel's black widow - movie trailer - duration: Black widow is an thriller movie directed by mark roemmich and starring janine turner, jack scalia and jennifer o'dell. Title: black widow () / want to share imdb's rating on your own site? Black widow on imdb imdb > black widow ( new line cinema and liveplanet recently released this killer new foreign movie poster from the upcoming film.
Guardare black widow online () - film italiano, vedere informazioni sul film completo online, trailer, sottotitoli e audio originale. Black widow ( film) - wikipedia, black widow () black widow is an thriller movie directed by mark roemmich and starring janine turner, reviews: watch black widow () online for free in high quality and download black widow () movie hd or stream full black widow ().
Video embedded · sometimes it's difficult to fathom that black widow's only been a part (and sometimes even the best part) of the marvel cinematic universe since -- .


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Mission Ridge: Mountain Update
Mission Ridge: Skate & Destroy Rail Jam Recap
Wenatchee's Best Kept Secret 1/19/11
Mission Ridge: Jankity Junk Jam Recap 2011
"Don't Be Ridiculous" - Verizon
Here are all of the videos that Richard Lutz has uploaded to Vimeo. Appearances are videos that Richard Lutz has been credited in by others.
More stuff from Richard Lutz
TM + © 2014 Vimeo, LLC. All rights reserved.
Made with k in NYC.
Your content preferences apply to any Vimeo videos you view. Learn more about content preferences in our FAQ.

domain: entertainment


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Kitty Cat and the City: Cute Virtual Pet Mania is a casual game made for kids with a nonstop feature adventure of a small kitten who jumps at the middle of the street collecting food. Join and help little kitty Cat venture into the City and feed him by collecting food from the Pet Food Supply Truck. Avoid vehicles like cars, trucks and bicycles that cross by.
Sky Rocket Gamers - Top Action & Fighting Games is the creator of the app that relates to the Casual Games category. Over 50 users downloaded and installed Kitty Cat and the City and its latest update was on Apr 26, 2016. Users rated the game 4.4 on Google Play.

domain: game


text:
WeStream.tv Internet TV Networks | Search (Overview) | Tag | 4
Search (Overview) results for: Tag | 4
Search, Overview, 4
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Day 4 Start the day with a visit to the City of David, the heart of biblical Jerusalem, to view Area G, Warrens Shaft, the water fortress and the new Visitors Center. Walk through the water of Hezekiahs Tunnel, dug 2,700 years ago to secure the water f...
Day 4 On your first day in the Holy City spend the first part of the morning the Jewish Quarter, including the Broad Wall; the Cardo and the Burnt House with its captivating audiovisual presentation; and the Western Wall, sacred to the Jewish People as...
Day 4 Travel to the Old City of Jerusalem: Start out with an overview, literal and figurative, of the Holy City, Israels capital, as you explore the Tower of David Museum, showcasing the history of Jerusalem from its beginning to modern times. Continue...
http://www.israel.org Day 4 The Judean Wilderness and the Dead Sea Qumran National Park-- the ruins on the plateau in sight of the caves where the Dead Sea Scrolls were discovered are an enigma wrapped in a mystery -- were they the home of the Essenes ...

domain: history


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Product Informationgun club target 12ga 2.75 1-1/8oz #8 25/10
Gauge: 12 Gauge - Type: Lead - Length: 2.75 - Muzzle Velocity: 1200 fps - Ounces: 1-1/8 oz - Shot Size: 8 - Application: Target - Rounds Per Box: 25 - Remington Gun Club Target loads are an excellent choice for economical shooting. Loaded with Gun Club Grade shot Premier STS primers and power piston one piece wads these high quality shells receive the same care in loading as their top of the line Premier STS and nitro 27 shells.
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Who We Are
CMCC Capital Funds are private real estate investment funds with a focus on residential and commercial developments in major Canadian urban centers. Since 2011, CMCC has formed five private real estate funds, totaling approximately $405 million in committed capital as well as a further $67 million in parallel investments. We have partnered with top tier developers and generated (or are on target to generate) consistent annualized returns of 18%-25% across 47 investments.
SQ. FT. PROJECT DENSITY
SQ. FT. INDUSTRIAL SPACE
GROSS DEVELOPMENT VALUE*
*gross development value is based on current estimate
CMCC has consistently adapted its investment strategy for each of its funds based on the economic environment which prevailed at that time. Our strategy attempts to protect unitholders from major downside risk, without sacrificing upside potential.
Robert Goodall, MBA
President, Chief Executive Officer and Founder


Laser Guns are energy-based weapons. Some shoot a single beam that instantly arrives at the target (Or at least has extreme projectile velocity rivaling that of sniper rifles), whist others can continuously damage enemies and most of them have damage bonus for prolonged firing. Laser beams can be thickened with the Laser width buff and for single-beam lasers, they will get a minor damage buff (+1 damage). Lasers will shoot straight through crates and enemies, only stopping on walls and bouncing off if the mirror device attachment/bounce buff is in play.
All items (49)


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Between 1980 and 2014, there were declines in mortality from most categories of infectious disease, but an increase in mortality for diarrheal diseases; however, there were large differences among US counties. This according to a study that estimated age-standardized mortality rates and trends from lower respiratory infections, diarrheal diseases, HIV/AIDS, meningitis, hepatitis, and tuberculosis by county, year, and sex. Researchers found:
- Overall mortality due to infectious diseases decreased from 42.95 to 34.10 deaths per 100,000 persons during the study period.
- There was substantial variation among counties in death rates from all infectious diseases.
- The only category of infectious diseases to increase over this time was diarrheal diseases (from 0.41 to 2.41 deaths per 100,000 persons), with many counties of high mortality extending from Missouri to the northeastern region of the US.
el Bcheraoui C, Mokdad AH, Dwyer-Lindgren L, et al. Trends and patterns of differences in infectious disease mortality among US counties, 1980-2014. JAMA. 2018;319(12):1248–1260. doi:10.1001/jama.2018.2089.
This Week's Must Reads
Reactogenicity & Immunogenicity of Tdap in Pregnancy, Vaccine; ePub 2018 Sep 13; Fortner, et al
Barriers to Implementation of Vaccine Standards, Vaccine; ePub 2018 Sep 20; Srivastav, et al
Intra-Season Waning of Influenza Vaccine Efficacy, Open Forum Infect Dis; ePub 2018 Sep 10; Ray, et al
Pneumococcal Disease in Older Adults After PCV13, Clin Infect Dis; ePub 2018 Sep 20; Pelton, et al
Mumps Outbreaks in Vaccinated US Populations, Clin Infect Dis; ePub 2018 Sep 10; Clemmons, et al
Must Reads in Infectious Diseases
Trends in HPV-Associated Cancers in the US, MMWR; 2018 Aug 24; Van Dyne, Henley, et al
HIV Viral Suppression Trends in the US, Ann Intern Med; ePub 2018 Aug 21; Nance, et al
Antibiotic Use Among US Older Adults, BMJ; ePub 2018 Jul 27; Olesen, Barnett, et al
Antiretroviral Drugs for Management of HIV, JAMA; 2018 Jul 24/31; Saag, Benson, et al
Global Burden of CVD in People Living with HIV, Circulation; ePub 2018 Jul 2; Shah, et al

domain: health


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Miranda Anderson/Daily Globe
Mercer Lioness Club member Char Kasdorf serves punch to a local senior at the annual Christmas party held by the Mercer Lioness Club at the senior center on Sunday.
MERCER, Wis. - Santa arrived with a tray of cookies and mingled with partygoers at the senior Christmas party held by the Mercer Lioness Club on Sunday.
The Mercer Lioness Club held its annual senior Christmas party at the Mercer Senior Center from 1 to 3 p.m. Sunday. The club provided food, drinks and various prizes for bingo.
Club member Cheri Stratte said the party starts early for the locals. "People start stopping by around noon," she said.
The party included door prizes, bingo, refreshments and visit from Santa.
Around 30 seniors and volunteers attended the party.
Christmas carols were sung and played on accordion during the party by local seniors Marvin Babic and Gary Schlais.
All attendees were able to sit on Santa's lap, have their picture taken and receive a bag of fruit.
The party was free and open to all seniors.


GM has bucked the domestic trend of consistently giving up market share to Japanese automakers for the past couple months, and with a new round of incentives, the General is hoping to keep the trend going. The Silverado and GMC Envoy are among the vehicles receiving an additional $1,000 in rebates during the entire month of October. GM is using targeted incentives on trucks and SUVs, but the incentives don't apply universally throughout the lineup.
Although GM's sales improved year over year in September, incentives were actually down $240 vs. August, to an average of $3,089 per vehicle. That's still $800 more than the industry average, but better than GM's incentive spending in years past. With GM's market share stabilizing, incentives closer to industry average, a competitive labor contract, and some interesting products in the pipeline, GM may have turned the barge faster than we expected.


Always a great experience at Downtown Garage. Great people and they do great work.
I had tires and an alignment on my car recently and they did a great job. Thus far, I have no complaints on their service. I usually get my oil changed here and its always really quick.
Fast and friendly service. Went in for an oil change and inspection and got out less than 45 mnutes later
Very quick service and a great office staff.
Brought my car in for oil change and tire rotation. I was greeted and within minutes my car was being worked on. Quick and polite professional service.
I will be back. Phil and the guys appreciate your patronage by giving you the best service. Thanks guys!
You fixed what Toyota can't or will not
Owner Phil and mechanics are grade A knowledgeable and kind people.
They looked after my wallet and vehicle. My repair work was discounted because I have also been a relatively loyal customer.
After going from a corporate chain to Downtown Garage I will never go corporate again. Unless Meineke has a $10 coupon for an oil change. But an oil change is all I will do.
Meineke told me it would be 500 for a hub bearing to be replaced and I paid 399 at Downtown garage. They strive to build a relationship and business comes with it.
Downtown Garage has always given me an exceptional experience. I took my car for its 50,000 service and could not have been more pleased with the quality of service I received. I know that I can always trust their advice and will never take my vehicle to the dealership again. If you want reasonable pricing and sensational service, Downtown Garage is the place to go. You won't be disappointed.
Services and repairs always done properly and in a timely manner.
Always treated with utmost courtesy.
I can't say enough about Phil, Bob and Willie.
Thanks for keeping me up and running!
Service was quality, friendly and fast. Will take my vehicle to them always.


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If you have any questions at all please reach out via the contact form. I check my email daily and tend to respond in a timely manner!
PRIVACY & SAFETY
Your info is safe and will never be sold or traded.
Are you interested in carrying Mountain Maiden Co. in your shop or store? Thats great!
I would love to chat and send over some line sheets. I also will consider consignment.
Also please note that I reserve the right to pull my work or deny being carried in any business. My artwork is incredibly special to me and so I am particular on where my pieces go.
I do welcome anyone to reach out though and see if we would be a good match.
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- BY MAKES
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Question: How can I realise your spiritual height?Sri Chinmoy: First of all, try to remain near the tree, then try to remain always at the foot of the tree and not at a distance. Once you are at the foot of the tree, try to look up and see how far your vision can go. If I see that you are really trying to heighten your vision, then Grace will descend from the Supreme, who is your Guru, my Guru, everybody's Guru. This Grace is like a magnet; but, the magnet will operate only when it sees that you are anxious to be pulled by it. So, if you go to the foot of the tree and then look up towards the top of the tree, the Grace-magnet will come and pull you up. This is the only way a disciple can reach the height of the Master. Grace will only descend after you have made your own contribution by coming and touching the foot of the aspiration-tree.
Sri Chinmoy, The inner journey, Agni Press, 1977


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Sun Microsystems Inc. and Microsoft Corp. today announced two new milestones in their ongoing alliance: the official opening of the Sun/Microsoft Interoperability Center on Microsoft’s Redmond campus for optimizing Microsoft applications on Sun Fire™ x64 server systems storage, and the availability of the Sun Infrastructure Solution for Microsoft Exchange Server 2007.
More information on the Sun Infrastructure Solutions for Microsoft Exchange Server 2007 is available at http://www.sun.com/exchange and http://technet.microsoft.com/en-us/exchange/bb412164.aspx
Objectives of the Sun/Microsoft Interoperability Center will include optimization of Microsoft applications on Sun x64 systems and storage, and promotion of full interoperability in application areas such as virtualization, Java™ technology, systems management and identity. In addition, the center will collaborate with authorized Sun Solution Centers to support customers in running their own proof-of-concept testing. Customers can minimize their risk and shorten time to deployment by simulating their own environment, with access to top architects from both Sun and Microsoft.


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|Turkey pushes new pipeline
WRITING IN A RECENT edition of Energy Daily (www.energy-daily.com), Washington, US, -based John Daly points out that in the current “superheated” global energy market, with the oil price rising more than five-fold since 2000, the race is on world-wide to bring more crude to market, with many previously moribund pipeline projects being dusted off. Turkey, which currently imports about 90% of its oil consumption of its daily 724,400brl/d requirements, primarily from Saudi Arabia, Iran, Iraq, Syria, and Russia, not only is competing fiercely for a share of the imminent Iraq oil patch, but is also making every effort to position itself as the region’s pre-eminent energy transport hub.
For the energy-hungry world market, Turkey is already a key player as an important energy hub, for two reasons: the Turkish Straits (Bosporus and Dardanelles), currently the world’s busiest maritime Straits, whose volume of traffic is exceeded only by the Straits of Malacca; and the $3.6-billion, 1747-km long Baku-Tbilisi-Ceyhan pipeline. The Turkish Straits now carry three times the traffic of the Suez Canal: according to Turkish maritime authorities, tankers of 200,000 tons or more transit the Bosporus every 10 to 20 minutes around the clock. In 2006, over 36,000 vessels transited the Straits, with tankers carrying over 140 million tons of oil. The passage poses significant environmental and safety risks to Istanbul, whose population makes it one of Europe’s largest cities, and unique in that no other European city has volatile cargo crossing within touching distance of the city each day. The Turkish government in Ankara is increasingly unhappy about this, particularly as – under the terms of the 1936 Montreaux Convention – the Straits are an international waterway and Turkey is unable to collect transit revenues.
Turkey’s other contribution to global energy security is the BTC pipeline, which has a projected lifespan of 40 years. BTC currently carries about 700,000brl/d, and next year, when it begins flowing at normal capacity, it will transport 1m brl/d. BTC has provided a cash bonanza for Turkey in transit fees, as the pipeline traverses 1070km of Turkish territory. Last month Energy and Natural Resources Minister Hilmi Guler said that BTC transit revenues had earned Turkey $2 billion from transporting 378m brl of Azeri oil, an amount certain to increase next year when BTC achieves full capacity and its annual projected throughput is slated to rise to 200 million tons of crude.
But Turkey has another pipeline project closer to its heart, which will pump an equivalent amount of crude to Ceyhan entirely across Turkish territory. The 544-km, $1.5-billion Samsun-Ceyhan pipeline (SCP), also known as the Trans-Anatolian Pipeline, was first proposed in 2004. As envisaged, SCP will ship an initial 1 million bpd to Ceyhan, with plans eventually to raise its capacity to 1.5 million bpd by 2010.
Where would the crude for Samsun-Ceyhan come from? The short answer is Kazakhstan, which is currently forced to use the Caspian Pipeline Consortium, terminating at Russia’s Novorossiisk port on the Sea of Azov, for the bulk of its exports. Turkey already has a toehold in Almaty, as its Calik Enerji is a partner with Italy’s ENI, a major investor in Kazakhstan’s massive Kashagan offshore Caspian development. Four years ago Calik Enerji began promoting the Samsun-Ceyhan pipeline. While Ankara is actively soliciting Kazakh crude Russia, faced with its own transportation bottlenecks, might be persuaded to use the pipeline as well.
For Turkey, Samsun-Ceyhan would be a double blessing. Turkey would be the sole collector of transit fees, unlike BTC, where it shares revenue with Azerbaijan and Georgia. Furthermore, Samsun-Ceyhan could alleviate a significant portion of the Bosporus-Dardanelles tanker traffic.
The Samsun-Ceyhan pipeline could also have geostrategic implications far beyond Turkey. On 24 October, 2007, Mr Guler said a subsea Mediterranean extension of the Samsun-Ceyhan pipeline could be used for oil shipments to Israel.
One of Turkey’s major problems in the past for major energy projects has been finding international partners and funding. This will not be the case with the Samsun-Ceyhan oil pipeline, as Royal Dutch Shell is to sign an agreement to become a partner by buying shares of the Trans-Anatolian Pipeline Co (TAPCO), a 50/50 joint venture established by Calik Enerji and ENI to build, own, and operate the pipeline.
SCP will have the full support of Ankara for two reasons, the first of which is the revenue stream generated by transit fees. More important for the Turkish government, however, is the impact SCP will have on tanker traffic through the Bosporus and Dardanelles, known collectively as the Turkish Straits, the sole maritime channel between the Mediterranean and Black Sea. Tankers transiting the Turkish Straits now carry 120m brl/yr of crude oil. As the Bosporus bisects Istanbul, with a population of 11.8 million, and narrows in places to less than 800m, municipal authorities are horrified at the potential consequences of a tanker accident. Without SCP, tanker traffic is expected to exceed 250m brl/yr in the next decade, while analysts predict tanker traffic in the Turkish Straits would drop by 50% percent when SCP becomes operational.
The United States is also backing SCP, which it sees as diminishing Russia’s importance in European politics. In a rare instance of US-Russian agreement, as SCP can be used for Russian exports, the Kremlin’s opposition to the project is likely to be less pronounced than on other projects. While Russia is loath to relinquish its grip on Kazakh exports, use of SCP would still allow Russia to collect its transit fees from the Caspian Pipeline Consortium’s trunk line to Novorossiisk, from where Kazakh crude could be loaded on tankers for its voyage to Samsun. In short, SCP is a win-win project for all concerned, a rarity in its part of the world.


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Chef Nicolette’s Salami Sandwich with Pickled Jimmy Nardello Peppers
Sourdough Baguette (I like Jane Bakery)
4-6 slices (depending on size) salami (I like Fra'Mani)
2-4 slices provolone cheese
2-4 ea Luke’s Pickled Jimmy Nardello Peppers, chopped
2-4 Tb Luke’s Olive Tapenade
1 Tb Luke’s Extra Virgin Olive Oil
Handfull wild arugula
Cut baguette into the desired size of sandwich and slice in half. Combine tapenade, chopped jimmy nardello peppers and olive oil and stir together in a bowl. Spread pepper mix on bottom side of sandwich.
Next layer on the salami, followed by the cheese and then the arugula. On the top side of the sandwich, spread the remaining jimmy nardello mix and close the sandwich. This can be wrapped and taken to eat hours later and will be just as delicious. It is also delicious toasted!
I like to assemble the bottom of the sandwich until the arugula and then place it in my toaster oven to melt the cheese. Then toast the top part of the baguette and spread on the jimmy nardello mix.
Add the arugula and close and enjoy hot!

domain: food


Richard “Ric” Menello was born on August 20, 1952, in Queens, New York, to Rocco Menello, a truck driver and business owner, and Lucille Giordano Menello, a housewife and former art teacher.
Ric grew up and was raised in Brooklyn, New York. His youthful imagination was inspired by Japanese horror films, comic books, and literature. This soon grew into a feverish obsession with film that led him to create his own elaborate 8mm film productions.
Ric earned a bachelor’s degree in Dramatic Literature and Cinema from New York University. He continued to take graduate courses in Cinema Studies at NYU after completing his bachelor’s. He started writing film criticism in college for the NYU Journal and the arts and humor magazine Cold Duck, and his articles appeared in Film Comment, Photon, and Blood Times. He later became a regular contributor to European Trash Cinema, where he critiqued Italian and French genre films. One of those early articles, “Dark Universe: The World of Dario Argento” (Photon July 1975), is cited in Maitland McDonagh’s book Broken Mirrors, Broken Minds: The Dark Dreams of Dario Argento.
Wishing to broaden his experiences in the arts, Ric acted onstage in such Off- and Off-Off-Broadway groups as Theater at Riverside Church, the Program in Educational Theater, and the Sammarkind Players. He appeared in productions of Romeo And Juliet, She Stoops to Conquer, Guys And Dolls, The Miracle Worker, Wind in the Willows, and Bell, Book and Candle.
At NYU, he studied acting with and assisted the legendary filmmaker Nicholas Ray, director of Rebel Without a Cause. He continued to act throughout his career in many of his music videos and in the feature films Tougher Than Leather and Drop Dead Rock.
Ric contributed full-length audio commentary, along with critic Dan Yakir, for the DVD release of the late Claude Chabrol’s Pleasure Party (Une Partie de Plaisir), as well as Chabrol’s Cry of the Owl (Le Cri du Hibou) alongside David Kalat. He maintained a long-distance friendship for years with Chabrol, writing to him at length to discuss his many films. Chabrol later gifted Menello with his own personal annotated script for his film L’Enfer (Hell), which he also autographed for Ric in tribute to their long-standing friendship. Menello also spent years researching the life and work of one of his favorite directors, the late Jean Pierre Melville, including corresponding with Pierre Lesou, Philippe Labro, and Bertrand Tavernier, among others. He shared his views on Melville with many fellow writers and cinephiles and received a special thanks in the acknowledgement section of Ginette Vincendeau’s book Jean Pierre Melville: An American in Paris. Japanese culture and cinema, though, remained his lifelong obsession, and his passion and infectious enthusiasm for the many periods of Japanese film remained with him until his final days. His spirited dialogue on Japanese film with friend Patrick Galloway continued to encourage his prodigious viewing and research, and he is thanked by Galloway in his books Warring Clans, Flashing Blades: A Samurai Film Companion and Stray Dogs and Lone Wolves: The Samurai Film Handbook.
During the 1980s, Ric was employed as a part-time desk clerk at the Weinstein Dormitory at New York University while simultaneously attending graduate school. He congregated nightly with the many students discussing film at length with them. Soon they were affectionately calling him “Mr. Ricc,” a name that stuck with him for many years after. A special Mr. Ricc T-shirt was actually designed and sold at one point during the Weinstein days by NYU Student and future writer/director Chris Columbus (Harry Potter, Home Alone, Mrs. Doubtfire).
It was during one of these all-night informal film discussions that Ric met record producer Rick Rubin, the founder of Def Jam Recordings, while Rubin was living in the same dorm. He also first met the Beastie Boys while working at NYU. Writer Dan Charnas, author of The Big Payback: The History of the Business of Hip-Hop, credited Menello with shaping much of Rubin’s musical style and aesthetics, “as all this stuff is starting, Menello helps to form Rick’s aesthetic. Rick knows what he likes, but it takes Menello to help Rick understand it.” Charnas has noted that Menello helped Rubin, a longtime fan of Abbott and Costello, understand why he liked the duo, “Rick [Rubin] liked the whole lowbrow setup of the thing, but what Menello helped Rick understand was that it was not the slapstick that Rick liked, but the combination of that lowbrow slapstick with a very highbrow sophisticated form.”
Ric continued writing feature-length screenplays and articles during this time. When Rick formed Def Jam Pictures to produce films and music videos, he hired Ric to work for him, thus beginning their close working relationship.
Rubin chose Ric and his former roommate, Adam Dubin, to co-direct the music video for the Beastie Boys’ 1987 single, “(You Gotta) Fight for Your Right (To Party!).” Ric had already co-written the draft of Tougher Than Leather, which wouldn’t be released until 1988, when Rubin approached him about directing the Beastie Boys’ video. Menello later described himself as hesitant to direct the music video out of concern for “ruining their careers” but accepted the offer. In a 2012 interview with MTV News, he summed up his thoughts on the music video more than a quarter century later saying, “It was kind of a dumb video, but it was done in a very sophisticated way visually. I often say the style of the video is ‘stupidity done in an intelligent way’… If I knew that people were going to be looking at them 26 years later, I would’ve done better!… I wrote the movie Tougher Than Leather, which the Beastie Boys appeared in, then Rick Rubin suggested I would be a good director for ‘Fight for Your Right’ because I had new ideas and it was better to fail at a new idea than to succeed with a crappy old idea.” The landmark music video mixed Menello’s highbrow and lowbrow humor. Menello, a cinephile, added references to numerous films to the music video, including Breakfast at Tiffany’s and Dawn of the Dead. Menello’s video effectively launched the Beastie Boys’ mainstream hip-hop careers. Rob Tannenbaum, the author of the 2011 book, I Want My MTV: The Uncensored Story of the Music Video Revolution, noted that “There are no more than a handful of music videos that have done more for a band’s career and more vividly described their image than ‘Fight For Your Right To Party’, did for the Beastie Boys.”
Ric continued his association with the Beastie Boys by writing a television pilot for The Beastie Boys Get Stupid, which he co-created, with Rubin. Menello and Dubin co-directed the Beastie Boys’ music video “No Sleep till Brooklyn” in 1987. He then wrote the screenplay for the feature-length film Scared Stupid, which was to mark the Beastie Boys feature film debut. When relations between Rubin and The Beastie Boys soured, resulting in the Beastie Boys leaving Def Jam, the feature film was shelved, despite having full backing from New Line Cinema.
Ric went on to make several other music videos as a solo director, including such highly distinct and hugely successful videos as LL Cool J’s “Going Back to Cali,” Danzig’s “Mother,” and Slick Rick’s “Children’s Story.” He also directed videos for artists as diverse as MC Lyte and Marcia Griffiths.
The recipient of two RIAA certified Gold Video Awards, and a two-time Billboard Music Video Awards nominee, he was honored with a screening of Going Back to Cali at a special program of influential early videos at the Los Angles Film Festival. In addition, several independent features and short films that he co-wrote have been screened at Slamdance, South by Southwest, the Atlanta Film Festival, and the Just for Laughs Comedy Festival in Montreal.
Ric continued to work behind the scenes, writing and co-writing treatments for an endless stream of music videos. In 1993, he collaborated with his cousin and frequent collaborator Vincent Giordano on the treatments for Doro Pesch’s “Bad Blood” and “Last Day of My Life,” which Giordano both directed and shot. The “Bad Blood” video was originally influenced by Sam Fuller’s film Verboten!, and their treatment further developed into a powerful, thought-provoking clip that was voted the Best Anti-Racism Video during the first MTV Europe Music Awards ceremony in 1994. The video later spawned a series of commercials and public service announcements by Doro calling for racial tolerance in Germany. Giordano and Menello continued working on music videos with one of their last music video collaborations being the low-budget video for “Kittie’s Funeral For Yesterday,” which Giordano directed and for which Ric co-wrote the treatment.
Ric also worked as a screenwriter throughout the 1980s, 1990s, 2000s, and 2010s. He often wrote at night at the Vox Pop cafe in the Flatbush neighborhood of Brooklyn. He moved to another Brooklyn bar, Sycamore, when Vox Pop closed in 2011. He also hosted weekly film screenings with guests that included Mark Romanek and Darren Aronofsky. Menello also collaborated with a diverse assortment of actors, writers, and directors, including his friend actor/writer Owen Wilson as a creative consultant to revise and strengthen existing dialogue on such films as The Wedding Crashers, Big Bounce, and Starsky and Hutch. He additionally was a creative associate to Larry Charles on the HBO pilot Burt and Dickie, which was based on an earlier short film written by Ric and director Adam Dubin.
Menello and film director James Gray teamed up to co-write the 2008 romantic drama Two Lovers starring Gwyneth Paltrow and Joaquin Phoenix. Menello also co-wrote Gray’s upcoming film The Immigrant, which starred Joaquin Phoenix, Marion Cotillard, and Jeremy Renner and was screened at the Cannes Film Festival and New York Film Festival prior to its May 2014 release. Prior to that, he was a consultant to the filmmakers on Gray’s earlier feature We Own the Night.
He completed several screenplays just before his death, including Make the Wiseguys Weep, which he adapted from the book by David Evanier on the life of Jimmy Roselli. His other screenplays, including Pair Of Lies, are currently seeking financing.
Ric enjoyed collaborating with a wide assortment of writers and directors, and his huge body of written work demonstrated a steady output, which accelerated over the last few years of his life.
Menello died from a heart attack on March 1, 2013.
An unfortunate series of articles from writer Richard Brody appeared in the New Yorker right after his death. Both articles were poorly researched and based mostly on conjecture. They were furiously rebutted by working associates, friends, and family. The articles amounted to nothing more than a ruthless, unmotivated character assassination. Brody surreptitiously rewrote the articles and eliminated the negative feedback that appeared beneath each piece, further showing his calculated vindictiveness.
A mosaic designed by artist Juan Carlos Pinto at the Newkirk Plaza Tunnel in Brooklyn was dedicated to Ric on May 11th, 2013.


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BY: TAYLOR BENNETT, POLICY COORDINATOR, THE HUB
State Auditor, JB McCuskey has made transparency in government spending one of his top priorities, starting with his new WVCheckbook website.
SB 474 takes a turn in an entirely different direction, restricting access to information related to government spending. If enacted, this bill would make documents related to the West Virginia Jobs Act, which include actual wages paid to an employee, confidential and not considered public record.
Currently, the press and members of the public are able to use the Freedom of Information Act (FOIA) to request information relating to the payroll of government contractors. If this bill is passed, they would no longer be able to do that. Reports on payroll of government contractors and other spending would be submitted to the Legislature, but would not be available to anyone else.
One of the most pressing issues that this would impact is the Road Bond, which was passed last year. The Road Bond includes several standards for employment that the government is responsible for meeting. For example, 75% of the jobs created by the Road Bond are required to be filled by WV residents. If information about contractors’ payroll is not available to the public, it would be very difficult to know if that percentage requirement is being met.
Instead of encouraging accountability by creating knowledge among the public about how their taxes are being used, this bill places the burden of accountability for ensuring that the provisions in the Road Bond are met entirely on the Legislature.
Many proponents of the bill argue that payrolls contain sensitive personal information such as names, addresses and social security numbers of employees, which SB 474 would protect.
It’s important to point out that section 29B-1-4 of the WV State Code already protects private personal information, such as what might be found on a person’s medical records- like an address or social security number, even when documents with this information on them are requested through FOIA.
It’s also worth noting, that this bill doesn’t prevent the Legislature or the joint committee charged with overseeing Road Bond spending from making the reports that they receive from contractors public, should they choose to do so.
Many of West Virginia’s press and media outlets, including the WV Associated Press, have taken a public stance against this bill, arguing that it constitutes a First Amendment violation, as it restricts the freedom of the press to report on how taxpayer dollars are being spent.
The bill passed through the Senate today after a heated discussion. We’re still left wondering what it means to have the State Auditor proclaim that a goal of transparency is the way forward for WV, while legislators vote to make information less accessible to citizens.
Interested in more articles like this one? Subscribe to The Hub’s Legislative Hubbub email, sent every Thursday during Session. Sign up now »


Elite Q238 Limit Nut
LIFTMASTER ELITE OPERATOR KEY MODEL NO. Q238
Replacement limit nut (cam) for Liftmaster Elite for models CSW200. Elite Q238 Limit Adjuster For CSW-200 And Roboswing (Plastic). This is a Gate Adjustment Switch. For use with various LiftMaster® Residential and Commercial Gate Operators.
Check the manual or replacement parts diagram for specific part information before ordering to ensure compatibility. Genuine LiftMaster® replacement part.
This replacement kit is compatible with the following models: CSW200, CSW200U, CSW200UL, ROBO SWING
- 1 limit nut K75-50339


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The hot chemical in chiles, capsaicin, could soon be assisting in the fight against breast cancer. Scientists from Ruhr-University in Bochum, Germany, treated human samples of breast cancer cells with capsaicin to learn more about its ability to destroy them. Dr. Lea Weber, writing in the journal Breast Cancer – Targets and Therapy, noted: “Capsaicin is capable of inducing apoptosis (cell death) and inhibiting cancer cell growth in many different types of cancer, for example, osteosarcoma, colon, and pancreatic cancer cells, while normal cells remained unharmed.”
When capsaicin is added to cancer cells, it attaches itself to the edge of the cell known as the cell membrane and switches on a cell receptor called TRPV1. That receptor is a channel that controls what substances like calcium and sodium go in and out of the cancer cell. When the TRPV1 receptior is switched on by capsaicin, the cancer cell starts to self-destruct. As more and more cancer cells die, the tumor is stopped from growing larger.
Dr. Weber said: “In this study, we aimed to identify the TRP channels in different breast cancer subtypes and to investigate the effect of TRPV1 and capsaicin on breast cancer progression. To our knowledge, no studies have yet conducted a large-scale comparative study of the TRP channels expression profiles in breast cancer cell lines. In our experiments, a significant reduction in cell proliferation after capsaicin stimulation was observed. This finding was in accordance with the results of other scientists, who demonstrated a significant decrease in the cell growth rate of MCF-7 breast cancer cells upon capsaicin stimulation.”
This study was done by scientists from the Ruhr-University in Bochum, Germany, the hospital Herz-Jesu-Krankenhaus Dernbach, Germany, and the Centre of Genomics in Cologne, Germany.