NOVEMBER 2001
PORTLAND REFUSES TO ASSIST FEDS; REQUEST VIOLATES RACIAL PROFILING
LAWS - Police in Portland, Ore. said they could not assist federal
authorities in interviewing Middle Eastern immigrants as part of the sweeping
federal terrorism investigation.
Andrew Kirkland, Portland's acting police
chief, said his agency could not comply with the Department of Justice
request because to do so would violate an Oregon statute, passed
in 1987, which prohibits local police from questioning immigrants when
there is no evidence they are connected to a crime and
international citizenship is the only issue. Portland City Attorney
David Lesh said the law also prohibits police from questioning people about
their social, political or religious views unless they are reasonably
suspected of criminal activity.
Portland is believed to be the first city
to refuse to cooperate with the Justice Department in its anti-terrorism
effort. Kirkland said he was working with federal prosecutors to find some
common ground.
"We would hope that we could get to a point
where we could help, but would not violate state law," he told CNN.
The move came after the Justice Department
distributed a list of 5,000 men it wanted to interview about the September
11 terrorist attacks, an effort that has been widely criticized by civil
rights groups. Because of the length of the list, and U.S. Attorney General
John Ashcroft's desire to complete the interviews within 30 days, the justice
department enlisted the help of local police.
The decision by Portland does not hinder federal
authorities, who still have authority to question and detain people as
part of their investigation.
Source: CNN.com
CONGRESSMEN TRY TO EXPLAIN REMARKs - Rep. C. Saxby Chambliss
(R-Ga.), chairman of the House subcommittee on terrorism and homeland security
and a candidate for the Senate, sought to play down remarks to Georgia
law enforcement suggesting they "just turn (the sheriff) loose and have
him arrest every Muslim that crosses the state line."
Chambliss contended that his remarks were
taken "out of context" and "Should in no way be interpreted as my view
of what should happen... If my remarks were offensive in any way, I apologize."
Meanwhile, Rep. John Cooksey (R-La.) is facing
an uphill battle in his Senate bid after he said police should question
anyone wearing "a diaper on his head and a fan belt wrapped around the
diaper." Louisiana Republicans are recruiting an alternate candidate to
challege sitting Sen. Mary Landrieu (D-La.)
Source: Washington Post
HUNDREDS STILL DETAINED IN 9/11 ATTACKS - Nearly eight weeks
into this country's largest criminal investigation, most of those detained
remain in federal prisons, county jails and Immigration and Naturalization
Service detention centers although no one has been charged with conspiracy.
Most of them also remain anonymous, their status and whereabouts unknown
to lawyers, families and their home governments.
The Los Angeles Times has studied the
cases of 132 detainees, interviewing defense lawyers, diplomatic officials
and some of the released detainees, and reviewing court records and other
documents.
The analysis reveals a broad pattern in which
federal agents are using the full extent of their law enforcement authority
to sweep up individuals, question them and hold them for long periods.
In many cases, when individuals are found to have no connection to terrorism,
they are turned over to immigration authorities, where they often are held
indefinitely.
Sources: Los Angeles Times, Freedom Forum
JOURNALISTS KILLED IN AFGHANISTAN - Four journalists, including
two Reuters reporters, were killed Nov. 19 in an ambush by armed men on
the road from Pakistan to the Afghan capital, Kabul, witnesses said.
Reuters reporters, television cameraman Harry
Burton, an Australian, and Azizullah Haidari, an Afghan-born photographer,
were shot in the ambush. The journalists were traveling in a convoy through
the eastern Afghan province of Nangarhar when armed men stopped them near
a bridge at Tangi Abrishum some 55 miles east of Kabul, according to journalists
who escaped the ambush.
The province was taken over by anti-Taliban
tribal leaders last week, but pockets of Taliban and Arab fighters loyal
to the al Qaeda network of Osama bin Laden are believed to be roaming in
many parts of the country.
Source: Reuters, via The New York
Times and SPJ PressNotes
BALLOT REVIEW FINDS BUSH WOULD HAVE WON RECOUNT IN FLA. -
A comprehensive review of the uncounted Florida ballots from last year's
presidential election reveals that George W. Bush would have won even if
he United States Supreme Court had allowed the statewide manual recount
that the Florida Supreme Court had ordered to go forward.
A close examination of the ballots found that
Bush would have retained a slender margin over Gore if the Florida court's
order to recount more than 43,000 ballots had not been reversed by the
United States Supreme Court. Even under the strategy that Gore pursued
at the beginning of the Florida standoff — filing suit to force hand recounts
in four predominantly Democratic counties — Bush would have kept his lead,
according to the ballot review conducted for a consortium of news organizations.
But the consortium, looking at a broader group of rejected ballots than
those covered in the court decisions, 175,010 in all, found that Gore might
have won if the courts had ordered a full statewide recount of all the
rejected ballots. Eight news organizations formed the consortium
Source: The New York Times
JOURNALISTS ARE REPORTING WHAT THEY DON'T SEE - In the war in
Afghanistan, journalists report on events they do not witness. Most
war dispatches are based on what both U.S. and Taliban officials tell
the reporters.
Quetta, the provincial capital of Pakistan's
southern Baluchistan province which borders the Taliban stronghold of Kandahar,
is home to hundreds of Western journalists, both print and television.
They depend on Pakistani commandos because it is not safe to move around
without protection.
"Most of us have no access to independent
information and no means to verify what we are told," said one journalist.
For news from Afghanistan, they mostly depend on the so-called "informed
sources," meaning aid agencies, local Taliban officials, Pakistani authorities
and U.S. officials in Islamabad. Even when they are taken inside Afghanistan,
there is little that the journalists can see on their own.
The Taliban keep a tight control over the
territory from the Pakistani border to Kandahar, and nobody is allowed
to talk to journalists.
Source: UPI, via NewsAlert
EDITOR OF PHILADELPHIA INQUIRER RESIGNS OVER COVERAGE PRESSURE
- Robert J. Rosenthal, editor of The Philadelphia Inquirer, resigned
Tuesday amid staff cutbacks ordered by owner Knight Ridder and disagreements
over how to attract new readers.
Walker Lundy, editor of Knight Ridder's Saint
Paul (Minn.) Pioneer Press, has been named as Rosenthal's replacement.
Rosenthal resisted pressures to make coverage more consistently local at
the expense of regional, national and international coverage.
"There was a difference of opinion on some
strategies," Rosenthal said in a story posted on the Inquirer's Web site.
"It became harder and harder for me to be able to do what I do best, and
it became time for a new leader." Rosenthal, for 18 years a reporter and
editor at the Inquirer, became the newspaper's editor and executive vice
president of Philadelphia Newspapers Inc. in January 1998. The Inquirer's
circulation declined by 8.8 percent, to 365,154, for the six months that
ended Sept. 30, according to the Audit Bureau of Circulations.
Sources: The Associated Press, via Editor
& Publisher, The Philadelphia Inquirer and The New York Times
BUSH OVERTURNS PRESIDENTIAL RECORDS ACT IN EXECUTIVE ORDER - President
Bush signed an executive order Nov. 2 allowing either the White House or
former presidents to veto release of their presidential papers, drawing
criticism from Bill Clinton and several historians.
The order reinterprets the Presidential Records
Act of 1978, which put papers of future presidents in the public domain,
following a court fight over President Nixon's papers. It envisioned the
release of most sensitive records 12 years after a president had left office.
White House officials said Bush's order was
prompted in part by a request for 68,000 pages of records of President
Reagan, the first president whose records are subject to the act.
Under the order, either the incumbent president
or the former president - and in some cases, the family of a deceased president
- could withhold documents requested by scholars, journalists or others.
It also provides that if a former president says the records are privileged,
they will remain secret even if the sitting president disagrees. If the
sitting president says they are privileged, they will remain secret even
if the former president disagrees. The order also covers the records of
vice presidents.
White House counsel Alberto Gonzales said
any decision to withhold documents could be challenged in court, and said
the administration would lose if a particular decision did not have solid
constitutional grounding. He acknowledged that process could take years.
Gonzales said the administration plans to
''give a lot of deference to the former president.'' But he said the incumbent
president ''will be in a better position to decide whether or not the release
of documents of a former president do, in fact, jeopardize, say, the national
security of this country.''
Critics, however, said national security is
already protected by the 1978 act and other laws and regulations.
A Clinton aide said a representative
of the president objected to the decision in a recent letter to the White
House, arguing that sufficient protections are already on the books. ''A
government's legitimacy is based on the trust of its people, and when decisions
are made on behalf of the American people, citizens eventually have to
be able to see the process of how those decisions came to be,'' the aide
said. The letter was written by Bruce Lindsey, Clinton's deputy White House
counsel and now the lawyer for the William J. Clinton Foundation.
The Society of Professional Journalists is
one of many organizations that has protested the order, stating that the
current 12-year waiting period and exceptions are sufficient to protect
national security.
However, Gonzales said a major reason for
the new executive order, which rescinds one signed by Reagan, is that the
previous one ''gives no deference whatsoever to the opinions of a former
president.''
Historians said vast troves of documents offering
insight into presidential decision-making could be lost. The act applies
to the papers of Clinton, Reagan, and Bush's father, President George H.W.
Bush.
Many officials of the Reagan and first Bush
administration are back in the White House, and critics contend that the
executive order is motivated by a desire to protect them. A House Government
Reform subcommittee headed by Representative Stephen Horn, Republican of
California, will hold a hearing on the dispute Nov. 6.
Sources: Washington Post, Boston Globe
and SPJ PressNotes
GREEN PARTY USA COORDINATOR DETAINED AT AIRPORT - Government
agents grabbed Nancy Oden, Green Party USA coordinating
committee member, on Nov. 1 at Bangor (Maine) International Airport
as she attempted to board an American Airlines flight to Chicago.
"An official told me that my name had been
flagged in the computer," Oden said. "I was targeted because the Green
Party USA opposes the
bombing of innocent civilians in Afghanistan."
Oden was ordered away from the plane, according
to a press release from the Green Party. Military personnel with automatic
weapons surrounded Oden and instructed all airlines to deny her passage
on any flight. "I was told that the airport was closed to me until further
notice and that my ticket would not be refunded," Oden said.
Oden is scheduled to speak in Chicago Friday
night on a panel concerning pesticides as weapons of war. She had helped
to coordinate the Green Party
USA's antiwar efforts these past few months, and was to report on these
to The Greens national committee. "Not only did they stop me at the airport
but some mysterious party had called the hotel and cancelled my reservation,"
Oden said.
"I am shocked that US military prevented one
of our prominent Green Party members from attending the meeting in Chicago,"
said Elizabeth Fattah, a
GPUSA representative from Pennsylvania who drove to Chicago. "I am
outraged at the way the Bill of Rights is being trampled upon."
Chicago Green activist Lionel Trepanier concluded,
"The attack on the right of association of an opposition political party
is chilling. The harassment
of peace activists is reprehensible."
Source: Green Party statements - no news
media has run this story yet.
PBS CUTS 10 PERCENT OF JOBS, CLOSES MIDWEST OFFICE - Facing tough
economic times, the Public Broadcasting Corp. on Monday
announced it would reduce its 565-person workforce by 10 percent and
close its Midwest programming office.
PBS president-CEO Pat Mitchell said
the network regretted having to cut jobs, but that the move was necessary
to preserve programming integrity. ''Along with many of our stations and
most other media companies, we have made these decisions in order to bring
operating costs to levels more sustainable in difficult times,'' she said.
Mitchell said the various changes were, in large measure, the result of
a yearlong internal review.
Source: Variety, via Yahoo!
MINNESOTA JUDGE ORDERS REPORTER TO REVEAL SOURCES - A judge in
Ramsey County, Minn., on Friday gave a reporter 21 days to
reveal the names of his sources from a 4-year-old story about a decision
not to keep the head football coach at Tartan High School.
If he doesn't appeal the decision or comply,
he'll be fined $200 a day. "The fine is not only severe, but I think it
sets an extremely bad precedent," said
the longtime reporter, Wally Wakefield, 71. He said he hasn't
made a decision whether to appeal.
The state's Free Flow of Information Act gives
news organizations protection from having to divulge their sources, with
some exceptions. "The people talked to me in confidence that their names
not be released," said Wakefield, who has partially retired but still writes
a weekly column for the paper.
Source: The Associated Press, via SPJ PressNotes
REPORTER DETAINED, FORCED TO DESTROY PHOTOGRAPHS FOR TAKING NOTES
IN AN AIRPORT - R.V. Scheide, working for the Sacramento News and Review,
was forced to delete digital news photographs and later detained for questioning
by the FBI after a National Guardsman observed Scheide taking notes at
the Los Angeles International Airport.
Scheide was forced to deplane from his return
flight, was detained and questioned by the FAA and FBI, and was refused
flight service by Southwest Airlines, all because he was observed by passengers
to be taking notes. His notebook was temporarily confiscated.
"I had purchased a roundtrip ticket from Sacramento
International to LAX to observe firsthand the unprecedented measures being
taken to combat terrorism," Scheide said. "I didn't expect to be ordered
to destroy photographs by an irate National Guardsman. I didn't expect
the Los Angeles Police Department to confiscate and read the notes I'd
taken on my trip. I didn't expect to be questioned by the FBI and detained
for nearly three hours for no probable cause."
Source: Sacramento
Newsand Review (click for link to story.)
LEGGETT HITS 100 DAYS IN PRISON - In the more than 100
days since a novice crime writer was jailed for refusing to surrender her
interviews for a book about a Houston society murder, what she's missed
most is what prompted a judge to issue a contempt citation against her.
Vanessa Leggett longs to write again, but
also misses other aspects of the life she led before refusing to turn over
her notes to a federal grand jury. Even so, Leggett says she's prepared
to remain behind bars until January, perhaps beyond. She holds the record
for the most time spent in jail by a journalist for failing to turn over
information to authorities. Last weekend, she spent her 100th day at the
Houston Federal Detention Center.
A federal judge ruled that Leggett was not
protected by shield laws because she was not a "legitimate" journalist.
Journalism groups have protested, statin that it is not the government's
place to decide who is and is not a legitimate journalist.
Source:
Freedom Forum (click for link to story)
OCTOBER 2001
NEWS CHOPPER BAN FRUSTRATES MEDIA - While the Federal Aviation
Administration is allowing most privateplanes to return to the skies, except
in Boston, New York and Washington, the agency has still banned news helicopters
and blimps in 30 metropolitan areas.
Barbara Cochran, president of the Radio-Television
News Directors Association, criticized the continuing ban, first established
after the Sept. 11 attacks. "The bottom line is, you can fly the type of
flight identical to most news helicopters in all but three cities, but
if your purpose is to report news, you're grounded," Cochran said. Cochran
testified on Oct. 17 before a House subcommittee, asking that the ban be
lifted.
FAA public affairs spokesman Hank Price said
that news reporting, traffic-watch and blimp aircraft are not allowed in
any area within about 23 miles of a major metropolitan airport -- "for
national security reasons."
FAA spokesman William Shumann added, "The
issue isn't so much what they're flying as how they're flying." He said
a news helicopter would be allowed to fly a straight, point-to-point path
using "instrument flying," which enables a control tower to track it. Visual
flying, in which no flight path is
established, is still not allowed, Schumann said.
Sources: Freedom Forum and the Associated
Press.
CONSTITUTIONAL ADVOCATES PROTEST ANTI-TERRORISM BILL - Critics
of the anti-terrorism legislation that sped through Congress say it doesn't
do enough to protect the civil liberties of immigrants or citizens. Some
civil libertarians, however, are hailing a safeguard added regarding the
FBI’s tracking of e-mail.
The bill, which passed the Senate on a 98-1
vote, now goes to President George W. Bush for his expected signature.
The House overwhelmingly
approved it. Human rights and privacy advocates contend many problems
remain in the final compromise.
"This bill goes light years beyond what is
necessary to combat terrorism," said Laura Murphy, Director of the ACLU
Washington National Office. "Included in the bill are provisions that would
allow for the mistreatment of immigrants, the suppression of dissent and
the investigation and surveillance of wholly innocent Americans."
But some First Amendment advocates are hailing
as a victory a provision added to the legislation that would require a
judge to monitor the FBI's use of a powerful e-mail wiretap system. The
clause could help ensure that the system, once known as Carnivore, doesn't
collect more information than allowed by a warrant. Carnivore critics worry
that the device goes beyond traditional telephone wiretap laws and can
gather data about people who are not criminal suspects.
The e-mail system is a device installed at
an Internet company to capture e-mails sent or received by criminal suspects.
The clause inserted in anti-terror legislation by House Majority Leader
Dick Armey, R-Texas, would require investigators to tell a judge every
detail about a Carnivore installation, including who installs and has access
to it, its configuration and what it collects.
The report required by the Armey clause would
go to the judge no more than 30 days after expiration of a wiretap order.
It would be kept secret but could be used as a basis for the judge to consider
whether police overstepped their authority.
One of the most contentious portions of Bush's
anti-terrorism proposal would have allowed the attorney general to detain
indefinitely until deportation any immigrant suspected of terrorism. House
and Senate negotiators placed safeguards on that proposal by forcing the
attorney general to start deportation procedures immediately, charge the
person with a crime or release the foreigner in seven days.
Some human rights advocates want it changed
even more so that immigrants would not have to stay in jail while their
cases go through the deportation process.
That "can result in a virtual life sentence,
and the bill provides only the barest of judicial oversight of the attorney
general's new power," said Elisa
Massimino, director of the Lawyers Committee for Human Rights.
In order to get a deal with the Senate, House
leaders dumped the House Judiciary Committee's Republican-Democratic compromise
with more civil
liberties and privacy provisions for a modified Senate version negotiated
with the Justice Department and the White House.
The legislation expands the federal government's
power to inspect educational records, wiretap all of a person's telephone
conversations instead of just certain telephone numbers, track e-mails,
seize voice mails and detain immigrants suspected of being terrorists.
More provisions of the bill include:
INCREASING PENALTIES Criminal sentences for committing acts of terrorism
or for
harboring or financing terrorists or terrorist organizations are increased.
Committing an act of
terrorism against a mass transit system becomes a federal crime.
BIOTERRORISM PROVISION It becomes illegal for people or groups to possess
substances
that can be used as biological or chemical weapons for any purpose besides
a "peaceful" one.
DETENTION The attorney general or the commissioner of immigration may now
certify an
immigrant as being under suspicion of involvement in terrorism. Those individuals
may then be
held for up to seven days for questioning, after which they must be released
if they are not charged
with violations of the criminal or immigration codes.
ROVING WIRETAP Law enforcement officials may now obtain from the special
intelligence
court the authority for roving wiretaps on a person suspected of involvement
in terrorism so that
any telephone used by that person may be monitored. Currently, officials
need separate
authorizations for each phone used by the person.
SEARCH WARRANTS Federal officials will be allowed to obtain nationwide
search warrants for
terrorism investigations.
MONITORING OF COMPUTERS Officials will be allowed to subpoena the addresses
and
times of e-mail messages sent by terrorism suspects. E-mail communications
will then be equal to
those made by telephone, for which the authorities can use a subpoena to
obtain records of
numbers called and the duration of calls.
SHARING OF INTELLIGENCE AND CRIMINAL INFORMATION Intelligence officials
and
criminal justice officials will be allowed to share information on investigations.
MONEY LAUNDERING The Treasury Department will be able to require banks
to make much
greater efforts to determine the sources of large overseas private banking
accounts. The Treasury
will also be able to impose sanctions on nations that refuse to provide
information on depositors to
American investigators. Monitoring of American dealings by the nearly paperless
banks, or
hawalas, of the Middle East will be allowed.
SHELL BANKS American banks will be barred from doing business with offshore
shell banks,
which have no connection to any regulated banking industry.
PURPOSE OF INVESTIGATIONS National security investigators will be able
to obtain from a
special intelligence court the authority to wiretap suspects in terrorism
cases if they assert that
foreign intelligence operations are a significant purpose of the investigation.
Currently, foreign
intelligence has to be the only purpose of the investigation to win such
authorization.
SUNSET PROVISIONS The bill's sections expanding surveillance powers for
tapping
telephones and computers will expire in four years, but any information
learned from expanded
wiretaps in those four years will still be usable in court even if the
case are brought years later.
DISCLOSURE SUITS The government may now be sued for leaks of information
gained
through the new wiretapping and surveillance powers.
Sources: Freedom Forum, New York Times, ACLU
AUGUST 2001
JOURNALIST JAILED FOR REFUSING TO HAND OVER NOTES - The Society
of Professional Journalists has awarded its biggest grant ever to Texas
writer Vanessa Leggett, currently in jail for contempt of court after refusing
to hand over notes and tapes of an interview.
According to the Washington Post, Leggett
has been in a Houston jail since July 19 for refusing to turn over her
research materials concerning a 1997 murder case. U.S. District Judge Melinda
Harmon ruled that Leggett has no right to take refuge behind laws protecting
journalists' notes because she is not a "legitimate reporter." Leggett
is a freelance writer who was researching the 1997 murder for a book.
James Gray, executive director of the Society
of Professional Journalists, said the SPJ Legal Defense Fund is contributing
$12,500 - half Leggett's legal expenses - for her appeals, the largest
grant in the history of the fund. The Houston Chronicle has donated another
$1,000, and SPJ is encouraging other news organizations to chip in as well.
"We see this case as monumentally important
because of the implication that the government would be able to make the
determination about who is and who is not a journalist," Gray said. "We
all should remember that press freedom is not something granted only to
journalists. It is a right granted to all citizens by the First Amendment."
Sources:
SPJ, Washington Post
STROLLERS RECALLED - Kolcraft Enterprises is recalling about
115,000 strollers. Lock mechanisms, found on both sides of the stroller,
can break and cause the stroller to suddenly collapse.
Kolcraft has received 124 reports of the lock
mechanisms breaking including 31 reports of the stroller collapsing. There
were 22 reports of injuries, including abrasions, cuts and bruises to children's
faces, arms, hands and legs.
The recall includes only the Kolcraft LiteSport
strollers, model number 36122. A label with the word "LiteSport" can be
found on the front of the footrest. The model number can be found on a
label on the back leg frame of the stroller. These strollers were manufactured
from December 1997 through December 1999. The manufacture date is below
the model number on the back leg frame label. "Kolcraft" is written on
the front of the stroller.
Consumers should stop using the strollers
immediately and call Kolcraft to receive a free repair kit. For more information,
call Kolcraft toll-free at (800) 922-2130 anytime. Source: CSPC
JUNE 2001
REPORTER ARRESTED FOR ASKING QUESTIONS - A Virginia reporter
was arrested last week for asking questions apparently too tough for a
school principal.
Kelly Campbell, reporter for The Potomac News and
Manassas Journal Messenger newspaper in Virginia, was arrested last week
and charged with
misdemeanor trespassing after an interview with the principal of Woodbridge
High School abruptly ended. The charge, if Campbell is convicted, is punishable
by up to a year in jail.
"We hope that this was a one-time error of
judgment that won't be repeated," said Ray Marcano, president of the Society
of Professional Journalists and an assistant managing editor at the Dayton
(Ohio) Daily News. "Journalists should always be treated with professionalism
and respect as they go about their jobs of informing the public."
Campbell was arrested after principal Karen
Spillman halted an interview about a controversial biology class project.
Campbell said she was not
given an opportunity to leave peacefully before a school resource officer
removed her from the building, arrested her and took her to the county
lockup. Police said the reporter would not leave the school until physically
removed and justified the arrest to local media.
"Our reporter was caught off guard by the
principal ending the interview. Her surprise made her hesitant to just
walk out the door," said Susan
Svihlik, executive editor of The Potomac News and Manassas Journal
Messenger. "Expressing surprise and hesitation is not against the law,
nor
is it trespass. It's a shame that Kelly ended up behind bars just for
rying to do her job, and it's especially a shame that such a thing happened
over what was supposed to be a fairly simple story about a school program."
Campbell is scheduled to appear in court July
31, and the newspapers have hired an attorney for the case.
When arrested, Campbell was interviewing Spillman
about a biology project in which students took ducklings home to see if
the baby ducks would learn to follow students as they do a mother duck.
"Members of the public don't know that many
newspapers work at maintaining solid professional relationships with the
agencies they cover. That was the case in Prince William County, where
both the school system and the police department have a history of working
with the news media," said Louise
Seals, SPJ Virginia Pro Chapter president and managing editor of the
Richmond (Va.) Times-Dispatch. "In that spirit, we would hope the parties
could resolve this short of court. But if not, Virginia's SPJ pro chapter
will be solidly behind Kelly Campbell. A reporter has to be able to ask
questions without fear of being arrested." Source: SPJ
BURGER KING TO REPLACE NETTING IN PLAYGROUNDS AFTER CHILD'S DEATH
- Burger King Corporation has begun a voluntary safety program to replace
the nets on its enclosed indoor and outdoor play structures throughout
the United States with no-climb nets. The restaurants will install "no-climb"
nets from the floor up to 7 feet to prevent children climbing into areas
not meant for play.
Burger King Corporation is taking this action
following the death of a 4-year-old boy who was playing in a net-enclosed
play structure in a St. Louis Burger King on April 29, 2001. The boy gained
access to an area of the enclosed playground not intended for play, became
entrapped between parts of the structure, and died.
The "no-climb" nets, which have holes that
are about one-quarter inch, will be installed on the sides of the play
structures that are accessible to children. "No-climb" nets will replace
box-type nets, which have two-inch square holes. The smaller holes in the
"no-climb" netting prevent children from climbing the nets.
Of the approximately 3200 Burger King playgrounds,
only those playgrounds that do not have "no-climb" netting around the entrance
and exit tubes, and do not have ceiling nets or other barriers to prevent
access into non-play areas, will be temporarily closed until "no-climb"
netting is installed. (Source: CPSC)
CPSC SLAPS FISHER-PRICE WITH BIGGEST FINE IN HISTORY - Fisher-Price
has agreed to pay a civil penalty of $1.1 million to settle charges
that it failed to report serious safety defects with Power Wheels toy vehicles.
This is the largest fine against a toy firm in the history of the Consumer
Product Safety Commission.
Under federal law, companies are required
to report to CPSC if they obtain information that reasonably suggests that
their products could
present a substantial risk of injury to consumers, or creates an unreasonable
risk of serious injury or death.
CPSC charges Fisher-Price failed to
report 116 fires involving the Power Wheels ride-on toy vehicles and reports
of more than 1,800 incidents of the vehicles' electrical components overheating,
short-circuiting, melting or failing. These incidents resulted in at least
nine minor burn injuries to children, and up to $300,000 in property damage
to 22 houses and garages. Additionally, CSPC claims that Fisher-Price was
aware of at least 71 incidents involving the products' failure to stop,
resulting in six minor injuries when the vehicles hit a car, truck, pole,
window or fence.
In agreeing to settle this matter, Fisher-Price
denies CPSC allegations and denies it knowingly violated the Consumer Product
Safety Act. In cooperation with CPSC, Fisher-Price recalled up to 10 million
Power Wheels ride-on vehicles on October 22, 1998. Source: CPSC
MAY 2001
ASHCROFT HOLDS PRAYER MEETINGS AT JUSTICE - Attorney General
John Ashcroft, whose conservative religious views came under fire during
his confirmation, has been holding prayer meetings each day in the Justice
Department office.
The Washington Post reported that Ashcroft
and staff members meet each morning to read the Bible and join in prayer.
Ashcroft held similar meetings among his staff as a senator.
Although Ashcroft insists the meetings are
open to all and not required, the Post quoted several staffers who wished
to remain anonymous who felt it was an inappropriate use of a public space
and infringed on the religious beliefs of others.
First Amendment groups like Americans United
for Separation of Church and State are blasting the attorney general for
the meetings, which they contend violate the Guidelines on Religious Exercise
& Religious Expressions in the Federal Workplace.
The act contends that a person holding supervisory
authority over an employee may not, explicitly or implicitly, insist that
the employee participate in religious activities as a condition of continued
employment, promotion, salary increases, preferred job assignments, or
any other incidents of employment. Nor may a supervisor insist that an
employee refrain from participating in religious activities outside the
workplace except pursuant to otherwise legal, neutral restrictions that
apply to employees' off-duty conduct and expression in general.
Americans United told CNN.com that the very
fact that the attorney general was holding these meetings would create
pressure for the staff to join them, for fear of being denied advancement.
Justice Department spokesmen said there have
been no formal complaints brought against the department because of the
meetings. - Sources: Associated Press, CNN.com, Washington Post, CyberFeds.com
GSA SAYS THERE'S NO TRUTH TO WHITE HOUSE VANDAL SCANDAL — Without
a hint of fanfare, the General Services Administration found that the White
House vandalism flap earlier this year was a flop.
The agency concluded that departing members
of the Clinton administration had not trashed the place during the presidential
transition, as unnamed aides to President Bush and other critics had insisted.
Responding to a request from Rep. Bob Barr, a Georgia Republican, who asked
for an investigation, the GSA found that nothing out of the ordinary had
occurred.
"The condition of the real property was consistent
with what we would expect to encounter when tenants vacate office space
after an extended occupancy,’’ according to a GSA statement. In other words,
no wholesale slashing of cords to computers, copiers and telephones, no
evidence of lewd graffiti or pornographic images.
The vandal scandal, however, was the hottest
story in town during the early days of the Bush administration. "I think
it was this calculated effort to plant a damaging story,’’ said Alex S.
Jones, director of the Joan Shorenstein Center on the Press, Politics and
Public Policy at Harvard University. ‘‘There was a sort of fertile ground
for believing anything bad.’’
And it worked. Clinton’s critics went ballistic.
Typical was Tony Snow, a syndicated columnist and former presidential speechwriter
for President Bush’s father, who wrote that the White House "was a wreck."
He also said that Air Force One, after having taken former President Clinton
and some aides to New York following the inauguration ‘‘looked as if it
had been stripped by a skilled band of thieves — or perhaps wrecked by
a trailer park twister.’’
He went on to list all manner of missing items,
including silverware, porcelain dishes with the presidential seal and even
candy.
Except none of it happened. An official at
Andrews Air Force Base, which maintains the presidential jets, told Knight
Ridder Newspapers at the height of the controversy that nothing was missing.
President Bush himself acknowledged that a few days later.
"They told me that there were papers that
were not organized laying on the floor and on desks, there were some scratches
here and there, but the bottom line was they didn’t see anything really
in their view that was significant and that would appear to some as real
extensive damage,’’ said Bernard Unger, director for physical infrastructure
for the General Accounting Office, which asked GSA to look into the allegations.
Barr’s office refused to return calls about
the GSA findings. Snow was somewhat contrite. ‘‘I’m perfectly willing to
admit my error on the aircraft,’’ he said, but added that he still believed
his sources who told him about damage at the White House. Source: Associated
Press
STUDY: AS CHILD POPULATION GROWS, CHILD WELFARE BIGGER ISSUE - The
class of 2014 will be the biggest class in history, according to the Children's
Defense Fund.
The child advocacy group Children's Defense
Fund has announced that 53 million children started kindergarten last year,
the largest class in history. The class of 2014 outstrips even the baby
boomers in size, but the advocacy group says that progress in areas of
child welfare and poverty has been slim.
The annual State of America's Children study
shows that one in six children lives in poverty, 10.8 million children
lack health insurance and poor families are spending an average of 35 percent
of their income on child care, compared with 7 percent for more affluent
families.
"It's time to build a mighty movement
for children in the richest and most powerful nation on earth," said Marian
Wright Edelman, founder and president of the Children's Defense Fund. "It's
a time of political transition with a new president who repeatedly has
used CDF's trademarked mission words and has promised to Leave No Child
Behind.®"
The study provided the following statistics:
-
HEALTH: 80 percent of 2-year-olds are fully immunized, compared to only
55 percent in 1992.
-
CHILD CARE: 7 million school-age children are left alone after school without
supervision.
-
INCOME: 78 percent of poor children live in households where someone works,
up from 61 percent in 1993.
-
ABUSE: Nearly 3 million children are reported abused or neglected each
year. Nearly 589,0000 children are in foster care in the U.S.
-
JUVENILE JUSTICE: 22 percent of violent crime victims are children, while
juvenile crime rates have dropped 23 percent since 1995.
-
ENTERTAINMENT: The average child watches 28 hours of television a week,
and by age 18 will have seen 16,000 simulated murders and 200,000 acts
of violence.
-
EDUCATION: Approximately 31 percent of fourth-graders read at proficient
levels.
-
FUNDING: The average cost of a year of Head Start is $5,403. The average
cost of one year of prison is $20,000.
Source: Children's Defense
Fund
HORROR AUTHOR DONATES ROYALITES TO DOWN'S SYNDROME RESEARCH - All
the author's royalties for the recently-released "Naomi" are being donated
to the National Down Syndrome Society, according to author Douglas Clegg.
The paperback is being released by Leisure
Press. Clegg is the author of several horror novels and, along with Stephen
King, has experimented with e-books and Internet publishing. "Naomi," like
several of Clegg's books, was originally released in an e-serial format
in 1999, before e-serials became popular.
King's e-serial, "The Plant," furled its leaves
earlier this year, though King has said he will take it up again after
he completes other projects. Sources: The
Labyrinth,
Stephen King Inc.
EVENFLO CAR SEAT RECALLED - Evenflo Co. Inc. is recalling about
3.4 million Joyride® infant car seats/carriers. When the seat is used
as an
infant carrier, the handle can unexpectedly release, causing the seat
to flip forward. When this happens, an infant inside the carrier can fall
to the ground and suffer serious injuries.
The recall involves all Evenflo Joyride®
car seats/carriers, which are white or gray plastic with seat pads of various
colors and patterns. "Evenflo Joyride Car Seat/Carrier" is written on the
outside of the handle locks. The seats have model numbers beginning with
203, 205, 210, 435 or 493, which can be found on a label underneath or
on the side the car seat/carrier. The seats were sold from January
1998 through December 1998.
Evenflo will provide consumers with a free
easy-to-install repair kit that helps secure the handle. Consumers should
not carry the seat by the handle until it has been repaired. To receive
a free repair kit, call Evenflo toll-free at (800) 557-3178 anytime, or
visit the website. Consumers
should have the car seat in front of them when they call or access the
website. Source: CPSC
APRIL 2001
NORTH CAROLINA CONSIDERS ELECTORAL CHANGE - North Carolina may
become the third state (after Maine and Nebraska) to allocate Presidential
Electors by Congressional District, rather than on a state-wide winner-take-all
basis.
In 2000, Bush won the state, but Gore
won 3 of the 12 Congressional Districts. If NC's Electors had been
allocated by CD, Gore would have won the Electoral College by 270-268,
even without Florida. NC has voted for Republican Presidents since
1980, but Democrats control the state legislature and see this as
a way to help future Democratic presidential candidates. Source:
Charlotte Daily Observer and SPJ pressline.
Public Service/Constitutional Links
Consumer Product Safety Commission
National Highway Transportation Safety
Administration (cars and carseats)
Consumer Reports Magazine
The Freedom Forum
American Civil Liberties Association
Society of Professional Journalists
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