Tuesday, June 30, 2015

Marijuana Will Be Legal In Oregon And Here's Where You Can Get It For Free

Recreational marijuana use will be legal in Oregon starting on Wednesday, but with nowhere to buy it until October, advocates say they will give it away for free.

whatslegaloregon.com

whatslegaloregon.com

Starting Wednesday in Oregon, possession of up to 8 ounces of marijuana for recreational use will be legal for people 21 and older.

But there's a catch: There won't be anywhere to buy it. At least, not initially. That's because state regulators are drafting new retail rules, which won't be in place and ready to take effect until Oct. 1.

The new changes mean Oregon will become the fourth state to legalize recreational marijuana use, joining Colorado, Washington, and Alaska. Washington, D.C., has also legalized possession.


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Another Prominent Black Church Burns In The South Amid FBI Investigation

The cause of the fire in Greeleyville, South Carolina, was unknown Tuesday, though a series of fires at black churches across the South have been confirmed as cases of arson.

Fire fighter Jason Hardy, of neighboring Clarendon County, said the building was fully engulfed. He did not have information on how the fire started, though he said "we had a pretty good storm come through about that time."

Hardy's department was assisting with efforts to extinguish the blaze.


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Border Patrol Prone To Corruption, Needs More Internal Investigators, Report Finds

The report, commissioned by Homeland Security Secretary Jeh Johnson, recommended that hundreds of internal affairs investigators be hired to stem the high rate of corruption-related arrests among border patrol employees.

Mike Blake / Reuters

The rate of corruption-related arrests among U.S. border patrol agents is so high that the Homeland Security Advisory Council is recommending the addition of hundreds internal investigators to tackle the long-festering problem.

The council's report, published by the Los Angeles Times on Tuesday, said U.S. Customs and Border Protection internal affairs office is "woefully understaffed" at about 200 investigators for the largest law enforcement agency in the nation with 60,000 employees.

The number of arrests for corruption of border patrol personnel, while not directly listed in the report, "far exceed, on a per capita basis," those of other federal law enforcement agencies, the report found.

Yet according to the council, investigations, to the extent they even occur, are reactive in nature, take too long, and often occur without anything being shared with R. Gil Kerlikowske, the agency's commissioner.

Adding 350 investigators would boost staffing at the internal affairs office by 175%.

The recommendations follows a 2013 report commissioned by U.S. Customs and Border Protection, which found that of 67 agent-related shootings between January 2010 and October 2012, 19 resulted in deaths. The report also found that agents had repeatedly stepped in front of fleeing cars to justify opening fire, and that agents shot at rock throwers from across the border instead of simply moving out of harm's way.

The council looked into the matter at the request of Homeland Security Secretary Jeh Johnson.



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Gawker's Nick Denton Once Had Risqué Photos Stolen – And Says They're Fair Game For Publication

Dave Winer CC BY-SA / Via Flickr: scriptingnews

About three years ago, Nick Denton, the founder of Gawker Media, spent a sleepless night worrying about the possibility that his own risqué photos would be leaked online.

He had recently lost his cell phone, and someone contacted Gawker’s then-editor, A.J. Daulerio, claiming to have photos of his boss. The person didn’t describe the shots.

“Aw, fuck, they’re from my iPhone,” Denton remembers thinking.

That night, Denton said he stayed through the evening drafting an “artful” blog post about the suggestive photos in an effort to get ahead of the story in case they were leaked.

“I didn’t like it, obviously,” he told BuzzFeed News at Gawker’s headquarters in Soho on Tuesday. “It would have been deeply embarrassing and there’s nothing you can really say that will take away from the embarrassment. I’m not on camera much. I don’t post semi-naked for publicity shots.”

Nothing ever came of those photos, Denton said. The next day with “fake casualness” he asked Daulerio for any updates. Daulerio said there was none and that he thought it might be a hoax.

“I had the post ready,” Denton said, “in which I note the irony of my embarrassment as a result of a lost iPhone.”

The irony refers to the ongoing legal battle between Gawker and professional wrestling legend Hulk Hogan — real name Terry Bollea — that is set to go to trial Monday in Pinellas County, Florida. In 2012, Gawker posted a sex tape between Hogan and Heather Clem, the wife of Bubba the Love Sponge Clem, a friend of the wrestler. Considering Gawker published the video — since removed on the order of a judge — Denton told BuzzFeed News he thought it would be newsworthy to publish his risqué photos.

“In the modern world, if you’re in the public eye and you’ve opened the door yourself, and I’ve opened the door myself to pretty much any discussion of my life, really, you have to own it,” Denton said. “You have to own up to it and do it with as much grace as you can. Just don’t fight it.”

“Given our reputation for what we publish, that’s what would make” the publication of his own photos interesting, Denton said. “The fact that we have run these kinds of stories about other people and we aren’t [ashamed] about it, the irony is not lost on me.”

Chris O'meara / AP

Denton said he plans to be in St. Petersburg for the duration of the trial and will testify. The case has become a media sensation not just because of who the parties are but because Denton has implied that if the jury returns a verdict for Hogan — he is asking for $100 million in damages — the future of Gawker Media or his control over the sites would be thrown into question. (On Tuesday, BuzzFeed News reported that a sex-tape broker who was courted by both parties estimated the tape has no financial value.)

“If we lost this case, then it would be extremely hard to do the kind of journalism that we do,” Denton said.

Denton said he is glad that he is fighting for this story in particular, because “occasionally there is a story you feel shaky about, and I don’t feel shaky about this at all.”

Still, he said, going into it he didn’t “know how litigious [Hogan] was ... and the intricacies of the Florida court system. If we had known that maybe we’d be more cautious, but we didn’t know that.”

Denton believes Hogan’s tape was worth publishing because it has news value. “If he hadn’t talked about [his sex life] so much, there would be less interest.”

“He wants to talk about his sex life, but no one else is allowed to. You don’t get to do that in this country,” Denton said.

If Hogan didn’t discuss his sex life so much, Denton said, he wouldn’t have published the tape. The same goes with any celebrity, he said, even an A-lister: “Would we publish just the sex tape? No. Would we publish a story about the sex tape? If it was interesting. If there was some discrepancy between the image that was being put out by the celebrity and the reality that was revealed by the tape.”

LINK: Sex-Tape Broker Says Hulk Hogan’s Video Is Worth Nothing



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Toddler Found Dead In Park Swing Died Of Dehydration, Hypothermia

A 3-year-old boy who was found dead on a park swing as his mother pushed him died of dehydration and hypothermia after sitting in the swing for two days, a Maryland medical examiner ruled.

Ji’Aire Donnell Lee was found dead at Wills Memorial Park in La Plata, Maryland, on May 22. Officers first responded to the park after a call that a woman had been pushing the boy on the swings for hours, according to the Charles County Sheriff's Office.

The boy's mother, Romechia Simms, was taken to a hospital for evaluation, where she remained for several days.

There were no obvious signs of trauma on the boy's body at the time he was found, and last week, a medical examiner in Baltimore ruled his death a homicide. The cause of death was dehydration and hypothermia.

On Tuesday, authorities revealed that Simms and her son arrived at the park around 11:15 a.m. on May 20. He was alive when she placed him in the swing, sheriff's office spokesperson Diane Richardson said, and he remained there until officers arrived two days later.

The case will be reviewed by the local state's attorney's office — which would determine whether or not to file criminal charges — and no other details were immediately available.

Family members said Simms, 24, had been working to improve her mental health following a breakdown as well as struggling with becoming homeless. The boy's father, James Donnell Lee, also said he had sought custody.

On June 5, they sat together at their son's funeral, the Washington Post reported.

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U.S. And Cuba To Open Embassies In Each Other's Capitals

The Capitol building in Havana is pictured in an undated photo.

AP Photo

After decades of icy relations, Cuba and the United States have emerged from historic negotiations with a plan to reopen their respective embassies.

A senior Obama administration official told BuzzFeed News Tuesday that the Cuban and U.S. governments "have reached an agreement to re-establish formal diplomatic relations," including opening embassies in Havana and Washington, DC. President Obama and Secretary of State John Kerry are expected to speak about the deal Wednesday morning.

The announcement comes after months of negotiations that began in December. It also follows the easing of travel restrictions for Americans hoping to visit to Cuba, as well as moves by American companies, such as JetBlue, to increase service to the island country.

The United States Interests Section diplomatic mission in Havana on May 24.

Desmond Boylan / AP

The embassy deal makes the prospect of a presidential trip to Havana more likely. White House officials have expressed openness about an Obama trip to Cuba since the reopening of diplomatic relations between the two countries late last year.

An Obama visit to Cuba would be just the latest development in a dramatic realignment of U.S.-Cuba relations. Following Fidel Castro's communist revolution, ties between the two countries deteriorated. Eventually the U.S. embossed an embargo against Cuba and cut of diplomatic relations.

The U.S. and Cuba remained at odds even after the fall of the Soviet Union and the end of the Cold War.

Now, U.S. Secretary of State John Kerry is expected to travel to Cuba in July for a ceremony to reopen an embassy in Havana, Reuters reported.

LINK: U.S. Formally Drops Cuba From Terrorism List



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Slain Charleston Reverend Is Remembered As A Man Of Faith, Family, And Football

Rev. Daniel Lee Simmons’ granddaughter talked with BuzzFeed News about the outpouring of love her family has received since the massacre at Charleston’s Emanuel AME Church.

Image courtesy of Simmons family

Rev. Daniel Lee Simmons Sr. was passionate about four things: his family, his church, the city of Charleston, and the Carolina Panthers.

His granddaughter, Alana Simmons, told BuzzFeed News that, like many proud parents and grandparents, Rev. Simmons adorned his living room with an array of family photos, a visual timeline of portraits and special occasions that greeted everyone who entered.

But situated on the same wall is a visual homage to a famed quarterback who bears no relation to him: Cam Newtown of the Carolina Panthers.

"He really liked the Carolina Panthers," Alana said. "In his living room, he has this collage of Cam Newton photos sitting right next to the family ones," as if Newtown were one of his own.

Simmons was among nine people killed when a gunman opened fire inside Emanuel African Methodist Episcopal Church in Charleston, South Carolina, on June 17. After the shooting, Simmons was rushed to the hospital and later died in surgery.

The reverend's passion for the North Carolina–based football team, however fiery, was a spark compared to his dedication to serving his church as a member of its ministerial staff. Although he had retired as a pastor, he often traveled to other churches to serve as a guest minister, Alana said.

Religious leadership is something of a legacy in the Simmons family. The reverend's father and grandfather were both pastors, though not at Emanuel AME.

"He was raised to serve the church," Alana said.

Although not a hometown boy, Simmons also held an ebullient passion for Charleston. Alana recalled being taken on a grand tour of the city two years ago by her grandfather, who paused for every opportunity to explain landmarks and other historically significant buildings — including the Emanuel AME Church, which has seen everything from slave rebellions and speeches from Martin Luther King Jr.

"That's when I found out how much he loved Charleston," Alana said.

Alana, who lives in Newport News, Virginia, said her grandfather was also a champion for education, proudly attending the graduation ceremonies for his children and grandchildren.

Rev. Simmons poses with his son Daniel Simmons Jr. after his graduation ceremony in May 2014.

Image courtesy of the Simmons family

The 25-year-old middle school music teacher and real estate agent learned about the shooting at her grandfather's church the same day she taught her last class before summer vacation.

"He attended Bible study every week, and sometimes led it when the Senator wasn't there," Alana said, referring to Sen. Rev. Clementa Pinckney, another victim of the shooting. "That's how we knew he was there."

Simmons' family tried to phone him repeatedly that night. With each unanswered call, their collective worry escalated. Alana joined her family in prayer.

After receiving limited information from the police or nearby hospitals about the whereabouts of his father, Daniel Simmons Jr., who also lives in Virginia, drove down to Charleston around 2:30 a.m., Alana said.

The following morning, Alana got the call from her father that Rev. Simmons had died.


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Investigations Into Whether Southern Church Fires Are Hate Crimes Is Ongoing

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives said that while three of the six fires that burned predominantly black churches last week are likely not hate crimes, the investigations are ongoing.

The three church fires erupted on three consecutive days beginning Monday of last week, in Knoxville, Tennessee; Charlotte, North Carolina; and Macon, Georgia.

The ATF, which is federally mandated to investigate all church fires and bombings, said Tuesday that "we have no reason to believe these fires are racially motivated or related." But, the officials said, "we are in the early stages of these investigations."

"We have special agents and certified fire investigators from several field divisions investigating the fires to determine cause and origin," the agency said in a statement.

Local fire departments have said that each of the three fires were arsons. But the ATF hasn't determined if the fire in Macon is arson or not, ATF Public Information Officer Larry "Nero" Priester told BuzzFeed News.

"Based off of what fire investigators have found so far, there is no basis for a racial motivation," Priester said. "If we could prove that the fire was intentionally set somehow, that would be the first step toward determining hate crime." Other factors could include "if there was graffiti written inside using racial slurs," he said.

The ATF is in touch with fire investigators in Charlotte and Knoxville to investigate a any possible connection between the fires.

"At this point we haven't found any connection," Priester said.

Gerod King, spokesperson for ATF's South Carolina and North Carolina divisions told BuzzFeed News that the fire that scorched Briar Creek Baptist Church in Charlotte has been confirmed as arson, though they have no suspects at this time.

King reiterated Priester's statement that investigators are not seeing any indication of a connection between the various church fires, though investigations are on going.

"Someone who's intent on doing something to someone's church usually wants people to know what they did," King said. "They often call in to get credit. We're seeing nothing like that here."

FBI spokeswoman Shelley Lynch said that their Charlotte, North Carolina branch had opened a their own and preliminary inquiry, working with the ATF and local officials' investigation, into the "suspected arson" at the Briar Creek Road Baptist Church, to determine if "any federal crimes were violated" – including any hate crimes.

Joyce McCants, spokeswoman for the Knoxville Division, said, "Knoxville FBI has been engaged with the local authorities regarding the church fire, but they are the primary investigators at this time."

Briar Creek Baptist Church in Charlotte, North Carolina.

WBTV / Via wbtv.com

"I think the cause for alarm would be the proximity of these fires to the incident that occurred in Charleston," an ATF source told BuzzFeed News.

"Church fires like this are no longer very common," the source added. "They are no more common than any other fire."


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Why Alma, One Of The Country's Best Restaurants, Is Begging For Money

And why the story behind it is much more complicated than owners Ari Taymor and Ashleigh Parsons seem willing to admit.

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As the chef Ari Taymor tells it, he and his business partner Ashleigh Parsons were two naive idealists, blithely foraging in the face of factory farming while trying to do something different with Alma, their independent 39-seat restaurant in downtown Los Angeles that was a hit in the national food press soon after opening in the fall of 2012. Taymor was just an inexperienced but hardworking 26-year-old when he started Alma as a "pop-up concept" restaurant in early 2012, not long after eating a fateful piece of lamb that, the press has repeated, set him on the path to cooking.

But dreamers don't always make the most astute businesspeople, and so the young Parsons and Taymor, who is now 29, turned to a powerful businessman to help guide them through some difficult decisions. And then, as Taymor is now telling it, that businessman tried to take their restaurant from them, and then he sued Taymor and Parsons. Now Alma is on the brink of shutting down, victims of bullying by a Hollywood bigwig bent on revenge.

To save their restaurant, Taymor and Parsons launched a crowdfunding campaign on IndieGogo to raise $40,000 in legal fees to fight the charge, with the likes of James Franco and Alison Brie throwing their weight behind the campaign to #SaveAlma. "While his accusations are unfounded, this individual vowed to attempt to bankrupt our business, using the lawsuit as a form of retribution for our having declined their advances for ownership of Alma," the crowdfunding pitch says.

But court documents examined by BuzzFeed News portray a much more complicated story than the straightforward bullying narrative. According to these documents, Taymor and Parsons accepted help from the "wealthy and connected member of the Hollywood entertainment community" for months — specifically, January 2014 through the spring of 2014 — without formalizing their business relationship; Parsons acknowledged in an email filed at the courthouse that his assistance came "at a very crucial moment."

The former adviser, a business manager named Michael Price, claims in his lawsuit that the novice restaurateurs were incompetent at running their business and would not have a functioning restaurant were it not for him. The suit shines a light into the recessed-wall corners of a high-end restaurant, where a whimsical chef served instant enchantment to a moneyed public — a fantasy that turned corrosive.

The adviser relationship started because Price was a frequent diner at Alma. And everyone involved acknowledges that on Jan. 5, 2014, Taymor, Parsons, and Price met to discuss problems the restaurant was facing, and Taymor and Parsons asked for help from Price. In the lawsuit, Price says he was offered a stake in the restaurant at that meeting and that, believing this, he proceeded to offer financial and legal assistance which was vital in keeping the restaurant afloat. His complaint says the initial vague offer of partnership was later clarified in a verbal agreement on April 14, 2014 that he would have a 20% stake in the business.

In documents BuzzFeed News examined at the courthouse, Parsons and Taymor do not state exactly what was offered verbally in that April meeting, although an email Parsons sent to Price May 27 hints at it: "we have realized that we would like to remain an independent business," she wrote, suggesting that a different proposal had been floated. In that email, well after the meeting in April, Parsons and Taymor offered Price a 7% profit-sharing deal in writing, which he rejected immediately; the next day, they offered to set up a payment plan to reimburse the money he had spent on the restaurant.

Taymor, Parsons, and Price's lawyer declined to comment on what happened in the intervening weeks, citing ongoing litigation; Price did not respond to a request for a comment. He filed a lawsuit against them last July. His attorney wrote in an email to BuzzFeed News, "After he did everything they asked, and they thanked him in writing for saving the restaurant, they refused to live up to their agreement. This is a simple issue of fairness."

Taymor is presenting a different version of the story. In an interview he gave to Grub Street this June, Taymor said Price seemed to want nothing in return when he first became an adviser. The complaint, however, quotes an email Parsons sent to Price in December 2013 — around the start of the more formal adviser relationship — saying "we would love to see whether you would be interested in being involved as we continue to build this company." Taymor continued in the recent interview that as time went on, "it became clear that this individual wanted some kind of repayment, so we offered a profit-sharing agreement. In the middle of negotiations, well after we had presented our initial offer, we were sued."

In court documents, Parsons, Taymor, and Price all acknowledge that he was an important adviser. Price's complaint describes his attorneys sorting out Alma's lease problems (they had two leases on the same space). The complaint says the company had no accounting records, no knowledge of when bills were due, and no awareness of how much money was needed to run the restaurant; an email from Parsons filed at the courthouse confirmed that the restaurant's first clean profit and loss statement came after Price began helping them with their finances. Price's accountants, the complaint says, fixed significant problems in the restaurant's tax filings.

According to Price and his attorneys, Parsons and Taymor were so inept that they needed his help in virtually every aspect of running their business. The complaint describes a time when Parsons ordered so much expensive wine that there was no space to store it all in the restaurant, and cases of it were left outside in the blazing heat next to the Dumpsters. On their spring 2015 menu, the price of a bottle of wine ranges from $44 to $170.

Taymor described "initial pickles" in the business in the Grub Street interview, including improper tax filings. Taymor blamed an unscrupulous accountant for these problems: Price's complaint alleges that the restaurant had misreported or failed to pay "[basic] restaurant and payroll taxes." The complaint also states that Taymor and Parsons themselves took improper advances from Alma and had not paid taxes — hence personal loans on which Price cosigned. In an exhibit from the lawsuit, Parsons portrays Price's role in these "pickles" as something more: She wrote in an email to Price, "We would not be where we are without your help and your resources."

It's a common scenario, said Joe Spinelli, president of Restaurant Consultants, Inc. These types of partnership lawsuits happen frequently, although in terms of the agreement itself, "Most of the time, that would be put in writing: It'd be very clear," he told BuzzFeed News. Many restaurant owners, particularly smaller ones, make the accounting and tax mistakes described in the lawsuit: "90% of the time, it's because of inexperience," he said. "A lot of time it's because they don't have a good foundation. The place starts out without a lot of good underpinnings."

Spinelli, who said he's worked in restaurants and consulting for more than 40 years, said, "With a lot of these chef-owners, they specialize in one part of it, and they don't really understand the other part of it until they get in trouble."

Taymor told Grub Street this June that the restaurant had no investors, and that they "got the doors open" with about $25,000. "We definitely grew up upper-middle class, but nobody was coming in with a trust fund to build a restaurant," he said in the interview, although Parsons wrote in an email to Price that Taymor's parents had "invested their entire savings" in Alma. Moreover, Bon Appétit reported in 2012 that the restaurant opened on a budget of "less than $50,000" — a figure repeated in Alma's crowdfunding pitch.

To fight this lawsuit, Taymor and Parsons are asking for what they term a "community effort": The restaurant that sits in an area where more than a thousand homeless people live had $40,890 in donations by publication time. Alma has been dropped from the suit, though, which makes it puzzling that Parsons and Taymor's crowdfunding campaign is called "Save Alma Restaurant" — the lawsuit is now against the individual owners, and not their company. The restaurant owners did not comment on why this was, and Price's attorney did not clarify on the record why Alma had been dropped from the suit.

While seeking donations, the restaurateurs are emphasizing their urban garden and their outreach program to teach public school students about "wellness." In Alma's crowdfunding campaign, the restaurant is described as "more than just a restaurant." "We have always acted with full integrity and with care in terms of our business ownership, our employees, our community of friends and advisors and our sourcing," Alma's owners wrote in an email to BuzzFeed News.

And while a tattoo on Taymor's left forearm reads Tout Sera Fini — "everything will end," which he has called his mantra — it is unclear whether the words are a source of comfort now that the end threatens.

"We believe that Alma has just begun to fulfill its potential and embody purpose as a business and as a force in this community," the proprietors of the 3-year-old restaurant wrote in their crowdfunding campaign. "We along with our advisors and legal counsel maintain wholeheartedly that we did nothing to deserve these charges."



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NYPD Says Man Robbed A Bank And Fled On A Wheelchair

The suspect was captured by surveillance video.

NYPD handout

A man robbed a bank in New York City on Monday and then fled the scene on a wheelchair, the New York Police Department said Tuesday. A day later, he remains at large.

The daring escape raised questions about the speediness of bank clerks, police officers, bystanders, and the general public at large.

The suspect rolled into branch of the Santander Bank in the Astoria section of Queens, passed a note to the cashier, and then proceeded to roll out with $1,212 in cash, the NYPD said.

Police described the slow-moving fugitive as a black male aged 25 to 30 and weighing about 160 pounds. At the time of his daring heist, he was wearing a gray hoodie.

His getaway vehicle is a black, hand-powered wheelchair, police said.

Santander Bank did not immediately respond to a request for comment.



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The Family Of A Friendless Boy Is Asking For Help Throwing Him A Huge Water Balloon Fight For His Birthday

They’ve turned to Facebook to try and find people to celebrate their son’s 10th birthday.

This is Camden Eubank, a 9-year-old boy from Virginia. Camden's dream is to have a "huge water balloon fight with lots of kids" for his 10th birthday party in July.

This is Camden Eubank, a 9-year-old boy from Virginia. Camden's dream is to have a "huge water balloon fight with lots of kids" for his 10th birthday party in July.

Facebook: ultimatewaterballoonfight

The boy is homeschooled because he is also hyperactive, has trouble pronouncing words, and can be impulsive, but they said he is an "awesome kid and very smart."

"He is a math whiz, loves history and when he grows up wants to be a country music singer just like Luke Bryan — he knows all of his songs already," the family wrote.

The Eubank family said that Camden used to hang out with an older boy in the neighborhood, but that boy no longer wants to play with a "little kid that can't talk right." So, now they aren't sure who to invite to his party.

The Eubank family said that Camden used to hang out with an older boy in the neighborhood, but that boy no longer wants to play with a "little kid that can't talk right." So, now they aren't sure who to invite to his party.

"We are having his ultimate water balloon fight party, but there isn't really lots of kids to invite like he wants, pretty much all that will be there is his sister and her best friend and a few cousins," they said.

Facebook: ultimatewaterballoonfight

So, they are turning to Facebook for help by creating an "open invitation" for the party on July 6.

So, they are turning to Facebook for help by creating an "open invitation" for the party on July 6.

"To fulfill his 10th birthday wish of having a huge water balloon fight, I am extending an open invitation to anyone with kids that wants to come throw some water balloons with one awesome little boy," the event page says.

Facebook: ultimatewaterballoonfight


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Sex-Tape Broker Says Hulk Hogan’s Video Is Worth Nothing

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Blatt is on the right

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Kevin Blatt, a self-proclaimed Hollywood “sex-tape broker" who gained fame after promoting a video of Paris Hilton’s intimate moments in 2003, told BuzzFeed News that Hulk Hogan's video has zero financial value.

"No one wants to see the mustached, [61-year-old] wrestler have sex," he said.

Hogan – whose real name is Terry Bollea – sued Gawker Media for $100 million in 2012 after they posted a video of him having sex with Heather Clem, the wife of his best friend Bubba the Love Sponge Clem. Hogan claims Gawker invaded his privacy by broadcasting the encounter, which took place in Clem’s bedroom. Hogan also maintains he did not know he was being filmed. The trial is set to start Monday.

Blatt has made a career of promoting celebrity sex tapes – and keeping others out of the public’s eyes. Lawyers for both Hogan and Gawker courted him as an expert witness, though both ended up dropping him.

In 2004, Blatt helped locate a man who was trying to extort $2.5 million from Cameron Diaz over a stolen sex tape. According to New York Magazine, Blatt “traced the IP address to computer servers in Thailand, then unearthed the IQ online chat number of a Russian who led him to a photographer.”

Blatt told BuzzFeed News he was first approached by Hogan’s lawyers. He said he believes he was contacted as an expert witness because of his “professional resume on working on celebrity sex tapes."

Blatt said when the lawyers asked him how much he thinks the tape of Hogan and Heather Clem having sex is worth, Blatt’s response was straightforward: nothing.

“I don’t think that’s the answer they wanted to hear,” Blatt told BuzzFeed News. “My position has always been, and this isn’t isolated to Hulk Hogan, is that male sex tapes don’t sell. No one cares about his sex tape. There was a Colin Farrell sex tape and no one really cared. Women don’t make up the population of who buys porn.”

Hogan's lawyer Charles Harder told BuzzFeed News he had a brief, 20-minute phone call with Blatt a year and a half ago, but ultimately decided to not use him as a witness. Harder did not elaborate on what was discussed.

Months after speaking to Hogan’s lawyers, Blatt said Gawker’s lawyers hired him to testify about the monetary value of the tape.

Paul Kane / Getty Images

Blatt said he sat through an hours-long deposition, of “more than 500 questions” about the value of the tape and was then told to keep the week of July 6 open to fly down to Florida as an expert witness in the case.

“From a standpoint of someone who brokers sex tapes, I don’t find it to be anything that would be fruitful,” he said of the tape.

About three weeks ago Blatt said Gawker's lawyers told him wouldn’t be needed for the trial.

He told BuzzFeed News he has not been in touch with any of the case's lawyersfor some time and was not given a reason as to why he wouldn’t be needed to testify.

“I spent my summer so far waiting, now they told me I won’t have to be there,” he said. “I assumed my deposition was enough, or that they had settled.”

But the two parties have not settled the case. The jury trial is set to begin next week in St. Petersburg.

"Hogan and his lawyers initially claimed that he should recover the value of a commercially released 'Hulk Hogan sex tape," Heather Dietrick, President and General Counsel of Gawker Media, told BuzzFeed News. "Although that seemed odd to us since he said he would never release such a tape, to drill down on his claim we consulted with Kevin Blatt, who brokers such deals. And Kevin told us that in his world the tape was of no value commercially. Since then, it appears that Hogan has abandoned that damages claim."

Since Gawker's lawyers will not be asking Blatt to testify, they filed a motion on June 12 to prevent Hogan's counsel from calling Blatt as a witness in the case.

If in fact Hogan did not know he was being filmed, Blatt said that this sex tape is widely different from those of Paris Hilton, Kim Kardashian, and Farrah Abraham.

“Without both parties’ consent, it’s illegal to put out such a product,” Blatt said, adding that The Child Protection and Obscenity Enforcement Act – more commonly known as Law 2257– requires a record of both parties consenting to the release of an adult tape.

While Blatt has promoted a number of celebrity sex tapes in the past, he said he had nothing to do with the release of the Hogan tape. He said he was shown two recorded versions of the same encounter. The first tape was what the public saw, and what was edited and posted on Gawker. A second, unreleased video includes more conversation between Hogan and Clem.

On Friday, following a years-long lawsuit between Gawker and two federal agencies, the FBI confirmed the existence of three tapes.

“I still maintain, though," he said, "that [the sex tape] isn’t something people want to see."

Here is one of the motions regarding Blatt:



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A Former Baltimore Police Officer Took To Twitter To Expose Police Corruption

On Wednesday morning, former Baltimore police sergeant Michael A. Wood Jr. woke up to find his phone full of thousands of new Twitter notifications.

A few days earlier, the 35-year-old Marine corps veteran had begun tweeting about his eleven years in the Baltimore Police Department – and all the things he had seen that he now felt needed to be shared.

"I was just formulating my thoughts," Wood told BuzzFeed News. Since the relationship between Baltimore residents and its police force came under national scrutiny after the death of Freddie Gray and the ensuing riots, Wood said he had been talking to local news sources and radio shows. "I didn't intend it as any sort of huge statement, I've been speaking about this for ages and no one has paid attention, I didn't think anyone cared." Within four hours, his number of followers had quadrupled and his tweets had been retweeted thousands of times.

Wood was in the police force in Baltimore from 2003 to 2014 and retired due to a shoulder injury, the Baltimore Police Department human resources department told BuzzFeed News. While on the force he earned a number of honors and awards, and his LinkedIn boasts four glowing, watermarked recommendations from lieutenants and captains on the force.

"I had this idea of a 'Good Cop,'" Wood said, "that was a kind of Robocop. Someone without human bias. I tried to separate my emotions from the job, I formed a wall between myself and the suspects. I thought that was how you enforce a law equally."

Since then, he told BuzzFeed News, he has realized that the only way to serve the law fairly is to use as much empathy as possible in the job. To be able to see civilians and suspects as human.

"A hero isn't a cop who instantly fires off his gun, a hero isn't the cop who shot Tamir Rice," Wood said, referring to the 12-year-old in Cleveland who was shot in 2014 by an officer who thought his toy gun was real. "A hero is the guy who hesitates before shooting, the guy that takes the risk of being shot himself for the sake of not killing an innocent person."

Michael A Wood Jr.

From the beginning of his training, Wood said he encountered an "us and them" mentality – "them" being primarily young, black men in the impoverished areas he was patrolling.

As a trainee, Wood was placed in Gilmor Homes, the public housing development in West Baltimore where Freddie Gray died due to injuries related to his arrest years later. Wood mostly made drug-related arrests in that neighborhood he said, keeping his eye out for black men ages 16 to 24.

"I saw all young black males as potential criminals. In my mind, and in the mind of my fellow officers, they were the ones who committed the crimes," he told BuzzFeed News.

"A hero is the guy who hesitates before shooting, the guy that takes the risk of being shot himself for the sake of not killing an innocent person."

"When you're a trainee they know you're faking being a cop," Wood said of the residents in the notoriously impoverished neighborhood. "We did drug arrests and everything, some of the officers were very aggressive. But we had no idea what we were doing and they knew it."

Wood speculated that being a trainee in a rough neighborhood often produces particularly aggressive officers. This helps cause a divide between officers and civilians from the beginning, he said.

After he was a trainee, Wood served his first few years in a neighborhood called Pigtown. "It was there that I saw the detective slap that woman, and where I saw officers kicking handcuffed suspects on the ground," he said. He was then transferred to an upper middle class, majority white neighborhood, to be closer to his daughter's school district in Pennsylvania.

"I'm not realizing how messed up this was until right now," Wood told BuzzFeed News, "but I used to go to other officer's posts, to black neighborhoods, just to make arrests so I could meet my stats," he said, referring to amount of arrests he was expected to perform each week.

"If I started locking up all those white people, things would get ugly," he said, claiming that even though he was going into neighborhoods he was not supposed to patrol in, his supervisors sanctioned it.

"They knew that judges and court officials lived in that neighborhood. If I locked up the judge's 18-year-old son for drugs or whatever, things could get really bad for me."


"I used to go to other officer's posts, to black neighborhoods, just to make arrests so I could meet my stats."

It wasn't until Wood got transferred to "the knockers," otherwise known as the Violent Crime Impact Division – his first time in plainclothes, doing raids and writing search warrants – that he really began seeing "the dirty shit," as he called it.

"It started before my time with this unit that would piss and shit on the beds and clothes of the people whose houses they raided," Wood said. "They did it as a calling card like, 'Ha ha this is what we do.' Then other people years later would do it to be like 'Ha Ha' back at the other cops."

It had nothing to do with the people whose homes they were defecating in, Wood alleged, it was an in-joke among police officers. "The first time I saw it I was like, 'won't they get caught?' But someone told me they blamed it on K9 dogs they brought."

Wood said he didn't even think of its affect on the civilians, "I just thought of it as an asshole thing to do, but I didn't put myself in the victims' shoes." He said. "The mind separates that all for some reason."

Michael Wood with his wife.

Michael Wood

It wasn't until Wood was transferred into covert surveillance, he said, that he really began to "soften up."

"I would stay in a vacant building all day. I would smell people's cooking, hear them talk about their problems," it was during these hours that Wood said he began to see the people he had been surrounded by for years through a lens other than that of a cop.

"Sometimes I would see a drug dealer put something away quickly and run to a car. I'd think something was going on, but then he would pull his kid out of the car and take him home." He said it was then he realized that he had only seen the people in these communities at their worst – while they were being arrested or calling 911 – and that it had been preventing him from seeing them as truly human.

When Wood became a sergeant he said he would often have his officers put on plain clothes and walk through the neighborhoods, chat with the residents about anything that wasn't crime related. "When you take a walk through in plain clothes and you see an old woman asleep on her steps you see her and get to talk to her, when you drive by in a squad car you don't even notice her because she's not a problem."

Michael A. Wood

Wood described himself as turning into a "progressive, humanitarian, ultra liberal guy."

He began to notice other officers who targeted young black males for arrests were not aware of what he called the "cyclical nature of crime" – that the reason black people were convicted of more crimes was because they were arrested more often, not necessarily because they committed more crimes. "White people carry drugs on them much more than black people do, precisely because they don't think they'll be arrested for it. It's ridiculous," he said.

He began calling out officers who only pulled over "cute girls," or old ladies with their children because they were scared. He started telling his officers that locking up white people in Baltimore's Eastern District would get them "triple the points," while he himself began targeting white people more than black people "as a baby step toward the way things should actually be."

Wood said his popularity in the force started waning. Then, officers he would normally associate started talking behind his back, and that they still are to this day. "My friends in the department whittled down to a very small list," he said, "But those are the ones who listen. Those are the ones who understand everything I'm doing and saying now."



Baltimore City Police Commissioner Anthony Batts.

Alex Wong / Getty Images

Jeremy Silbert, a spokesperson for the Baltimore City Police Department told BuzzFeed News that Wood's allegations were "serious and troubling."

"We hope that during his time as both a sworn member and as a sergeant with supervisory obligations, that Mr. Wood reported these disturbing allegations at the time of their occurrence," Silbert wrote in an email to BuzzFeed News. "If he did not, we strongly encourage him to do so now, so that our Internal Affairs Division can begin an immediate investigation."

Silbert also referred to a letter from Police Commissioner Anthony Batts published in the Baltimore Sun a few days after Wood began speaking about his experiences on Twitter. "My mission when I arrived was to [eradicate corruption] with a renewed sense of purpose and determination," Batts wrote, going on to outline reforms he has made and plans to make.

"Many officers will be unhappy reading these words. Many want me to outright defend the department and say nothing is wrong with the way this organization engages in police work," he continued. Batts concluded by encouraging officers and Baltimore residents to report corruption they observed, "Speak out against the beating of a resident at a bus stop or the selling of narcotics on the back porch of a police station."

Wood, who now plans to go into academia to "sow the seeds of understanding in people before they go into law enforcement," said he thinks the key to changing the "broken system of policing" is education and empathy. He said that ideally he would want cops to be required to have an education beyond a GED, that they be taught "not just what to think, but how to think." Wood, adding that it might be "silly and cheesy," said he believes this would enable officers to see the flaws in the system and fix them, that a better education might enable them to put themselves in the shoes of the people they serve and protect.

More so than an education, Wood believes that during training officers should be required to spend time with the people in the low-income communities they will be serving, getting to know kids in recreation centers or other situations unrelated to crime. "The whole thing is about policing with empathy," Wood emphasized repeatedly. "That could maybe change everything."

Community outreach programs similar to what Wood is talking about have already been undertaken by police departments in Gary, Indiana, Los Angeles, Boston, and a number of other large cities as a part of President Obama's "21st Century Policing Task Force" – though few of these programs are required for all officers or occur during training.

"I regret the whole mentality I had at that time. I regret falling in line with everyone else." Wood told BuzzFeed News. "Now I just want the police to wake up. I’m not indicting the past, I’m just trying to get things to be different in the future."



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Monday, June 29, 2015

Obama Set To Expand Overtime Pay Protections For 5 Million More Americans

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President Obama on Monday announced plans to bring overtime pay protections to 5 million more Americans within the next year.

Current regulations allow for employees earning a salary of $23,660 or more to be disqualified from overtime pay — considered "exempt" — if their job duties meet certain requirements. In his announcement on the Huffington Post, Obama said he plans to raise that benchmark to about $50,400 a year, qualifying millions more for overtime pay.

Since the currently regulation is a Department of Labor rule, Obama does not need Congressional approval to make the change.

Obama, who plans to discuss the policy change while in Wisconsin this week, said the current regulation — meant to exempt high-paid, white-collar workers — actually hurts the middle class.

"We've got to keep making sure hard work is rewarded," he wrote. "Right now, too many Americans are working long days for less pay than they deserve."

The president described the plan as part of his longstanding commitment that every American get a "fair shot."

"That's good for workers who want fair pay, and it's good for business owners who are already paying their employees what they deserve -- since those who are doing right by their employees are undercut by competitors who aren't," Obama wrote.

The National Retail Federation has already voiced its opposition to expanding overtime regulations to store managers and assistant managers, suggesting it could increase payroll costs and lead to fewer full-time workers. The federation has also noted that most managers it has polled oppose the proposed changes, fearing they may hinder their ability to multitask between supervisory roles and other duties.

"The retail industry is concerned because the expected change in wage levels could bring many store managers or assistant managers under overtime rules, taking away their ability to use their own discretion in deciding whether to put in the extra hours sometimes needed to do their jobs," the federation has said.




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Wal-Mart Apologizes For Making ISIS Cake After Denying Confederate Flag Design

A Louisiana man asked for an explanation after successfully ordering an “ISIS battle flag cake” from a Walmart bakery that had perviously denied his Confederate flag design.

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Wal-Mart is apologizing after one of its bakeries made an ISIS battle flag cake for a Louisiana man whose earlier request for a Confederate flag design was rejected.

Chuck Netzhammer posted a video to YouTube saying he ordered the Confederate flag cake with the words "heritage not hate" on Thursday at a Walmart in Slidell, Louisiana. But the store's bakery sent him a rejection letter for the design, writing "cannot do cake."

A few days later, Netzhammer, who was upset about the rejection, decided to see what would happen if he ordered a cake with an ISIS battle flag design.


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Three Dead After Plane Crashes Into House In Massachusetts

A plane crashed into a Plainville, Massachusetts, home on Sunday, igniting a fire that consumed the residence. All those onboard the plane died, while the four occupants of the home were able to escape, officials said.

Three people onboard a small private plane died after it crashed into a home in Plainville, Massachusetts, on Sunday, just before 5 p.m. local time, officials said, according to the Boston Globe.

The family of four who were inside the home were able to escape, officials said.

The three family members on board the Beechcraft BE36 all died, the Associated Press reported. The victims were identified as Dr. Joseph Rick Kalister, an emergency room director in Athens, Tennessee, his wife, Betty, and their daughter, Nicole.

Plainville Police said at a news conference that Knoxville authorities had gone to the family's home in Tennessee and spoken to the last surviving family member, the Boston Globe reported.

Betty Kalister (left), Joseph Richard Kalister, and daughters Jackie and Nicole.

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"The members of the Starr Regional Medical Center family are deeply saddened by the tragic deaths of Dr. Rick Kalister, his wife and daughter," the hospital said in a statement. "He was an excellent doctor, an outstanding ED medical director and a respected, beloved member of our hospital team for the past 13 years. Our heartfelt thoughts and prayers are with the Kalister family during this very difficult time."

The youngest victim, Nicole, was was scheduled to attend new student orientation in Boston at Northeastern University the following week, WCVB reported.


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Wildfire Destroys At Least 24 Homes In Central Washington

The Sleepy Hollow Fire in Wenatchee, Washington, has so far burned 4,000 acres after starting Sunday amid winds and temperatures of more than 100 degrees.

David Ryder / Reuters

A fire in central Washington has burned 4,000 acres and destroyed at least 24 homes, authorities said Monday.

The Sleepy Hollow Fire began Sunday afternoon near Wenatchee, with flames spreading quickly due to winds and temperatures of more than 100 degrees, authorities said. Flames hopped over a ridge into a residential neighborhood; one witness described the quick movements as "mind blowing."

David Ryder / Reuters


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After Delays, Same-Sex Couples Get Marriage Licenses In Mississippi And Louisiana

Hinds County Circuit Clerk Barbara Dunn (right) reads an order on Friday by Mississippi Attorney General Jim Hood placing a hold on circuit clerks from issuing marriage licenses to same sex couples, including Knol Aust and partner Duane Smith (left).

AP / Rogelio V. Solis

While many states were quick to accept Friday's Supreme Court ruling that struck down same-sex marriage bans nationwide, state officials in Mississippi and Louisiana issued that statements that made it unclear when, exactly, marriages could begin.

But after those officials clarified their positions, clerks began issuing marriage licenses to same-sex couples Monday.

In Mississippi, Attorney General Jim Hood told clerks in an email Monday that his comments last week had been "misinterpreted" and that they could issue marriage licenses to same-sex couples.

"If a clerk has issued or decides to issue a marriage license to a same sex couple, there will be no adverse action taken by the Attorney General against that circuit clerk on behalf of the State,” Hood wrote.

"On the other hand," he continued, "a clerk who refuses to issue a marriage license to a same sex couple could be sued by the denied couple and may face liability.”

In response, clerks in Mississippi began issuing marriage licenses to same-sex couples, the Jackson Free Press reported.

In neighboring Louisiana, Gov. Bobby Jindal had decried the ruling in a statement from his presidential campaign on Friday as an "all out assault against the religious freedom rights of Christians who disagree.” Attorney General Buddy Caldwell's office issued a statement on Friday that it “has found nothing in today’s decision that makes the Court’s order effective immediately."

But on Sunday, Jindal announced on NBC's "Meet the Press" that his state will abide by the Supreme Court's decision.

"We don't have a choice,” Jindal said. “Our agencies will comply with the court order."

By Monday afternoon, officials were issuing marriage licenses to same-sex couples in Jefferson, St. James, and St. Charles Parishes, the New Orleans Advocate reported.

Officials in both states had been less clear on Friday.

Shortly after the high court’s decision, three couples did obtain marriage licenses in Mississippi, the Los Angeles Times reported. But officials stopped issuing licenses after Hood issued a statement saying, “The Supreme Court’s decision is not immediately effective in Mississippi.”

Although Hood noted that the court made marriage equality the “law of the land,” he said the 5th Circuit Court of Appeals must take further action on an another marriage case that has been on hold.

“It will become effective in Mississippi, and circuit clerks will be required to issue same-sex marriage licenses, when the 5th Circuit lifts the stay of Judge Reeves’ order," Hood said. "This could come quickly or may take several days. The 5th Circuit might also choose not to lift the stay and instead issue an order, which could take considerably longer before it becomes effective.”

But Hood's email to clerks on Monday said his statements he made on Friday were “misinterpreted as prohibiting Circuit Clerks from issuing marriage licenses to same sex couples. The statement was merely meant to explain that an order of the Fifth Circuit would be necessary to lift the stay.”

The Campaign for Southern Equality, which is representing plaintiffs in a suit challenging Mississippi’s ban on same-sex marriage, filed a motion Friday asking for the appeals court to lift the stay in light of the Supreme Court's ruling. On Monday afternoon, the 5th Circuit Court of Appeals ordered the parties in that lawsuit to submit briefs by Wednesday for the next steps in the case.

Gov. Jindal's office had said that officials can decline to issue a marriage license to same-sex couples on religious grounds, NOLA.com reported.

Taking a similar path of resistance, Texas' Attorney General Ken Paxton announced on Sunday that officials with religious objections may be able to refuse licenses to same-sex couples. However, he noted, that could create legal risk if no one in a given office was willing to issue marriage licenses to same-sex couples.

“[W]ere a clerk to issue traditional marriage licenses while refusing to issue same-sex marriage licenses," Paxton wrote, "it is conceivable that an applicant for a same-sex marriage license may claim a violation of the constitution."

In Alabama, probate judges had been issuing marriage licenses. But the state supreme court caused confusion Monday by issuing an order that asks for input on the effect of the U.S. Supreme Court's decision.


Alabama Supreme Court Order Causes Confusion For Marriage Equality In The State

How Are States Reacting To The Supreme Court’s Marriage Equality Decision?









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New York School District Will Pay $4.48 Million To Settle Anti-Semitism Lawsuit

The Pine Bush School District settled a 2012 lawsuit brought by Jewish students who alleged that school officials did not protect them from years of anti-Semitic discrimination.

Pine Bush Central School District in upstate New York settled an anti-semitism lawsuit on Monday brought by five former and current Jewish students, according to a statement. They will pay the students $4.48 million, The New York Times reported.

The March 2012lawsuit alleged that the five students suffered years of anti-Semitic discrimination and harassment from elementary to high school, including racial slurs, graffiti and drawings of swastikas, Holocaust jokes and physical attacks including being beaten by a hockey stick.

School officials did not do enough to protect them and violated their right to equal access to education, the lawsuit said. The three schools named in the lawsuit were Pine Bush Elementary School, Crispell Middle School and Pine Bush High School.

In a statement, the Pine Bush Central School District said they reached a resolution based on a comprehensive plan to address anti-Semitic harassment allegations and strengthen its tolerance and anti-bullying initiatives.

"Anti-Semitic harassment is wrong. The District will never condone anti-Semitic slurs or graffiti, Holocaust jokes,' or physical violence. No family should have to experience the hurt and pain that bullying and name-calling can cause children to endure because of their religious, national or cultural identity," the statement said.

More than 5,500 students are enrolled in the Pine Bush Central School District. The area served as the headquarters of the Independent Northern Klans — a Ku Klux Klan group — in the 1970s. Janice Schoonmaker, a KKK member and the wife of the" Grand Dragon" of the Klan, served on the Pine Bush School Board at the time.

According to the lawsuit, the students were subjected to anti-Semitic slurs from other students including, "dirty, disgusting Jew," "stupid Jew," "Christ killer," "Jesus hater," "Kike," "Ashes," and "Crispy"— the latter two slurs being references to burning Jews during the Holocaust.

The students were also subjected to "rampant" anti-Semitic graffiti and images on the school property, the lawsuit said. Swastikas allegedly drawn and engraved on books, bathroom walls, desks, and playground equipment, at times with the names of the Jewish students written in it, remained for weeks, despite students' complaints to authorities.

Other students used pipe cleaners to make effigies of Hasidic Jews at which they threw pennies, performed "Hitler salutes" and made Holocaust jokes such as: "What is the difference between a Jew and a pizza? One doesn't scream as it gets put in the oven," the plaintiffs alleged.

The suit also said there were physical attacks against the students. A swastika was drawn on the face of one Jewish student's face when she was in the sixth-grade and another student was hit in the hand with a hockey stick during a game, according to the lawsuit.

One plaintiff alleged he was repeatedly slapped in the head on the school bus after students asked him if he was a Jew, and another had to fend off students who were trying to shove coins into her mouth.

During a seventh grade English class about the Holocaust, a student allegedly told one of the plaintiffs that she should be burned. She also overheard a student telling another that they should "
"stab [her] with a menorah and sink her with a cross."


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Three Students Sue UC Berkeley For Mishandling Sexual Assaults

After two years of criticism surrounding its policies, the historically progressive school is being taken to civil court by students who say they won’t wait for a federal government investigation to force change.

The University of California at Berkeley's administration building in May 2014.

Noah Berger / Reuters

Three women filed a lawsuit Monday against the University of California, Berkeley, alleging the school mishandled their reports of sexual assault — marking the first time the college has faced legal action regarding its policies despite two years of highly publicized criticism.

According to the lawsuit, Berkeley allegedly violated federal and state anti-discrimination laws, failed to "warn, train, or educate" the plaintiffs — Sofia Karasek, Nicoletta Commins, and Aryle Butler — "about how to avoid [risk of sexual abuse]," and committed fraud by communicating to them that Berkeley "was safe and that students only experienced a minimal amount of sexual violence."

A spokeswoman for Berkeley said Monday afternoon that the school had not yet been served and would reserve comment "until after we have seen and reviewed such a filing." (The Zalkin Law Firm, which filed the suit on behalf of the three women, confirmed it had been filed.)

"At UC Berkeley we are committed to creating a campus community where sexual assault is not tolerated," the university's statement continued. "Working with students, faculty and staff, we have made great strides on this front and we are dedicated to building on those efforts."

In February 2014, Karasek, Commins, Butler, and more than two dozen others filed federal complaints against Berkeley — some for the second time — informing the federal government that they believed Berkeley wasn't complying with two federal laws. The first, the Clery Act, requires Berkeley to publicly report crimes on campus, including sexual violence. The second is the federal gender equity law Title IX, which requires colleges to "respond promptly and effectively" to sexual violence and harassment.

The U.S. Department of Education's Office for Civil Rights opened an investigation into Berkeley a month after their 2014 complaint, but the plaintiffs in Monday's lawsuit say they're not going to wait for the federal government — currently investigating more than 100 schools whose students have filed similar complaints — to take action. The lawsuit also raises the possibility that other students frustrated with the pace of federal action will do the same.

Once considered potentially harmful to a school's reputation, Title IX investigations are now commonplace. Title IX lawsuits, however, are less common, though notable suits have recently been filed against schools in Florida, Colorado, Oregon, and California as well. The plaintiffs in Monday's lawsuit say they believe it's their last opportunity to get Berkeley to acknowledge its alleged misdeeds and better comply with its Title IX obligations. The lawsuit makes these students' allegations public in a court of law for the first time — not just the circumstances of their assaults, but details of the aftermath, offering a picture of just how bad they claim life has become at Berkeley for sexual assault victims.

There's some desperation in the act of filing the suit, said Sofie Karasek, who was allegedly assaulted in February 2012 by another student on a trip organized by a student club.

"I'm graduating now," she told BuzzFeed News, "and I'd like to have a sense of closure — well, not closure, because I feel like I'll never have closure. But I'd like to feel as though I did everything that I possibly could, that I took every possible avenue to hold them accountable, and there wasn't any stone left unturned."

After the 2014 mass filing, Karasek began exploring options outside the federal grievance system.

"I was really disillusioned with how the university was responding to our activism — largely taking steps that were good for public relations but weren't going to help survivors on the ground," Karasek said. And so she met with Alexander S. Zalkin at the Zalkin Law Firm, a California-based group specializing in sex abuse lawsuits.

Zalkin called Monday's lawsuit a "useful tool" for forcing change at Berkeley. Often at large institutions, he said, "until victims come out and start filing lawsuits that hit their pockets, they make no changes" — in this lawsuit, those changes would mean Berkeley publicly acknowledging its past mishandlings and taking steps toward compliance with federal requirements.

But money is a big part of the campus sexual assault conversation, too. Schools could lose federal funding by violating Title IX — though no school ever has — and they're also fined for Clery Act violations. But those fines only amount to up to $35,000 per violation, or "literally pocket change " for large colleges, as Karasek said. Damages from a lawsuit could constitute a significantly stronger blow. (Monday's lawsuit didn't include specific figures.)

Of Berkeley's 31 Title IX complainants, just two more signed on to join Karasek in the lawsuit. That figure, Karasek said, had much to do with students' anonymity concerns — Title IX complaints are always confidential, while lawsuits are less so — and the substantial difference in time and effort between filing a one-time report and becoming a plaintiff in civil court. For Karasek, though, the prolonged nature of lawsuits is an advantage.

"Students are usually only in school for 2-5 years, and universities really benefit from that lack of institutional memory and rapid turnover between activists," she said. At schools throughout the country, younger activists are stepping up — but Karasek said she's still "afraid that many of the students who started this movement have graduated or are graduating. It's not clear what the trajectory of the movement will be in the coming years.

"We've been pushing for so long, but what we have to show for that is not sufficient," she said. "Berkeley just hasn't stepped up in the way that we had hoped that they would."

Nicoletta Commins, one of the plaintiffs in the suit, was assaulted in 2012 as a junior by her Taekwondo teammate. She reported it to the student health center and then the police department, which pursued an investigation that ended with a felony assault conviction and community service sentence for her assailant. But while the investigation was ongoing, Berkeley refused to simultaneously investigate, Commins said. Her assailant "was allowed to remain on campus, with no restrictions," according to the lawsuit.

Aryle Butler, the third plaintiff, said she was assaulted repeatedly by the same person while she was enrolled in a summer program and employed by the school in Alaska. When she returned and reported the assault to administrators, she said, they told her it wasn't their problem. According to the lawsuit, the school's Title IX coordinator even admonished her "regarding the consequences of falsely reporting sexual assaults."

Butler said she threw herself into activism, but continued to feel frustrated by the school's "complete lack of movement," even after joining the Clery and Title IX complaints, even after advocating for California's affirmative consent legislation, and even after Congress and Hollywood started paying attention to campus assault.

"I thought I was going to a school with a long established history of political activism, and I hit a brick wall," Butler said. "Civil court was the last and only option left to get the university to face up to what they've done and find out what exactly is happening at Berkeley."

After Butler's assault, she was "forced to withdraw from an internship," the lawsuit said, "because she was deemed 'too political' for speaking out against the way the University handles reports of sexual assault." Commins said she was "forced to drop a class because it let out at night, and she was fearful of encountering [her assailant] on campus after dark."

But after graduating from Berkeley, Commins decided to attend graduate school there, too — of the four programs she was accepted to, Berkeley had the only one she could attend while supporting herself, she said. Her assailant's suspension will end soon, and they may overlap again. On top of that, attending a school while planning to sue it has been a "little weird," she said.

"I feel a lot of day-to-day anger," she said "Being on campus makes me feel angry. Being part of the lawsuit has maybe brought that up a little bit more. But it has also given me a chance to feel resolved."


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NYPD Boss Wants To Keep Chokeholds Legal And "Give Peace A Chance"

Bill Braton

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New York Police Department Commissioner Bill Bratton said Monday he believes chokeholds should remain legal — and that proposed laws requiring officers to identify themselves and remind the public of their right to refuse a search are unnecessary.

"Let's give peace a chance," the commissioner said, quoting John Lennon.

Bratton made his comments during a tense City Council hearing, where members of the Public Safety committee asked for his input on nine proposed laws. The NYPD chief, who just recently praised the Council for approving a budget that gives him the money to hire nearly 1,300 new police officers, said he agreed with the policies behind the measurs but did not believe creating new laws was necessary.

On the issue of chokeholds, which are banned by NYPD regulations but remain legal at the state level, Bratton argued that the department's internal disciplinary process is enough to deter cops from using the maneuver. Chokeholds rose to the public eye last year, after Officer Daniel Pantaleo used one on Eric Garner, an unarmed black man being arrested for allegedly selling untaxed cigarettes. The chokehold led to Garner's death, according to the medical examiner.

A recent report by the Office of the Inspector General, a city agency charged with auditing the NYPD, examined ten cases in which the department investigated substantiated chokehold complaints. None of the officers involved in those 10 cases received serious sanctions, even though the Civilian Complaint and Review Board — the body that processes the public's complaints against individual officers — recommended them in every case.

On the issue of the "Right to Know Act" — a set of laws that would require officers to proactively identify themselves, state the reason for the interaction, and remind people that they have the right to refuse a search — the commissioner said officers already wear name-tags and badges. He also worried about damaging the department's morale, saying the proposed legislation could "stir up the pot" and anger the department's union and rank and file.

"Do you really think that requiring officers to identify themselves in a day to day encounter is an unreasonable request?" asked one incredulous council member.

In a statement, the Patrolman's Benevolent Association, which represents rank-and-file officers, echoed Bratton's concerns.

"These proposed laws — which cover everything from officer's identification, rules for searches, and the use of physical force — are unnecessary and redundant and could have a further chilling impact on law enforcement that will make our streets more dangerous," Pat Lynch, the PBA president, said in a statement.

Police reform activists, including the New York Civil Liberties Union, also testified at the hearing and held a small protest outside the Council chambers. They said the department cannot be expected to reform itself.

“The Right to Know Act is essential to rebuild trust between police and New Yorkers following decades of overly aggressive policing targeting our communities of color,” Donna Lieberman, the NYCLU's executive director, said in a statement. “We cannot wait for another tragedy like Eric Garner or Akai Gurley to acknowledge how police encounters have the potential to escalate into tragedy.”

It's unclear when the bills will see a vote, but a City Hall source told BuzzFeed News that none of the nine bills currently have the 34 sponsors required to overcome a mayoral veto, should Mayor Bill de Blasio choose to side with his commissioner.

The bill requiring officers to identify themselves currently has 30 supporters, the source said. The proposal to criminalize chokeholds has 28. The bill that would require officers to inform the public of their right to refuse a search has 24 sponsors.

The other six laws have the backing of less than nine council-members, the source said.

LINK: A 7-Point Guide To The Latest Report On The NYPD’s Use Of Chokeholds – And The Department’s Response

LINK: Hundreds Of New York Cops Are Doing Work That Could Be Done By Civilians

LINK: NYPD Bosses Call For Harsher Penalties For Protesters, Less Oversight For Cops




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Transgender Women Can Now Be Housed In Women's Facilities Under New Immigration Rules

New guidelines announced on Monday will allow transgender women to be housed in women’s immigrant detention facilities, a move long sought by activists.

Jennicet Gutiérrez interrupts President Obama at the White House, calling for an end to deportations of undocumented immigrant and better treatment of transgender detainees.

Jonathan Ernst / Reuters

U.S. immigration officials on Monday announced that transgender detainees will now be able to be housed with the population that matches their own gender identity, a move aimed at better protecting a population that is more vulnerable to sex abuse while in detention.

The changes, outlined in an 18-page memo, will take effect at facilities over time as U.S. Immigration and Customs Enforcement employees are trained under the new system.

"We want to make sure our employees have the tools and resources available to learn more about how to interact with transgender individuals and ensure effective standards exist to house and care for them throughout the custody cycle," Thomas Homan, director ICE's Office of Enforcement and Removal Operations, said in a statement.

Under the new changes, ICE's data systems will also be updated to record a person's gender identity. Officers will also receive training to help identify someone's gender identity early on.

The memo comes days after an undocumented transgender woman interrupted President Obama at a reception for LGBT Pride Month to highlight the concerns of trans detainees.

Detained transgender women run the risk of being placed in centers with men or in isolation for extended periods of time under the guise of keeping them safe, advocates say.

ICE officials said the guidelines were not issued as a result of public pressure, but part of a years-long effort to reform the detention of transgender detainees.

Transgender women in men's prisons in California were 13 times more likely to be sexually abused as other inmates, according to a 2009 study by UC Irvine.

A 2013 investigation by the Government Accountability Office found that of every five victims of sexual abuse in detention, one is transgender.



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A History Of Racism At Sigma Alpha Epsilon

Sigma Alpha Epsilon was born, in secret, on March 9, 1856, “in the late hours of a stormy night” by the “flicker of dripping candles” in a mansion in Tuscaloosa, home to the University of Alabama. The original intent of the eight founding members, an SAE brother wrote decades later, was “to confine the fraternity to the southern states.”

Instead, SAE grew far beyond its Southern redoubt. It took 27 years to open the first Northern chapter, because “to go to a northern college would mean to lower the standard of the fraternity by taking unworthy men,” William C. Levere, a devoted SAE member, wrote in his 1916 book A Paragraph History of Sigma Alpha Epsilon. Its notable alumni list grew to include author William Faulkner, U.S. President William McKinley, and scores of professional athletes. Today, the fraternity boasts 15,000 members at 219 chapters and 20 colonies around the nation. Upon induction, pledges have to memorize the creed, called "The True Gentlemen," part of which reads, “A true gentleman is a man ... who thinks of the rights and feelings of others.”

But on March 8, 2015, a grainy cell phone video of fraternity members from the University of Oklahoma’s SAE chapter shouting a racist chant spread across the internet. The young, mostly white men — dressed in formalwear and apparently emboldened by alcohol — were on a private bus heading to a mixer commemorating the fraternity’s 159th birthday when they broke into a version of a segregationist hymn:

“There will never be a n****r at SAE ...

you can hang him from a tree,

but he'll never sign with me;

there will never be a n****r at SAE."

The chant was no mere isolated incident. A BuzzFeed News review of SAE’s own historic documents and its appearances in news reports — along with interviews of several people involved in past racially charged incidents — shows that the fraternity does have a long history of generally unchallenged intolerance toward minorities that met such little resistance it became ingrained in the fraternity’s very culture.

(BuzzFeed News sought to speak to every living person named in this article. In instances where people do not provide an interview, BuzzFeed News could not reach them for comment. It should also be noted that many fraternities, not just SAE, have struggled with integrating and have also received attention for apparently racist acts.)

Joseph Scherschel—The LIFE Picture Collection / Getty

To partly understand that chant’s place in history, look back to the University of Georgia 54 years ago. A version of the chant was sung on January 9, 1961 – the day Hamilton Holmes and Charlayne Hunter became the first black students to step onto the campus after a judge's ruling.

That evening, hundreds of well-dressed and white students — including fraternity brothers — watched a smiling student carry a black-faced effigy across campus. It was then hung from a noose slung over the the school’s historic black iron archway.

The students chanted, “Two, four, six, eight, we don’t want to integrate...eight, six, four, two, we don’t want no jigaboo” — a popular rallying cry for whites protesting desegregation in schools around the nation. They also yelled, “There’ll never be a n****r in the [fraternity] house,” inserting various fraternities’ names, according to Robert Cohen, a professor of history and social studies at New York University who wrote a paper on the chant. (While many fraternities attended, it’s unclear if SAE was there.)

After the cell phone video depicting the University of Oklahoma students was discovered earlier this year, outrage spread fast and discipline was swift. Administrators shut the fraternity down. Two students were expelled and later publicly apologized. The fraternity’s headquarters announced investigations into all reported racist acts, started a hotline, and appointed a director of diversity. “The song is horrific and does not at all reflect our values as an organization,” Executive Director Blaine Ayers said in a March statement.

But as more stories of alleged racism in different SAE chapters nationwide subsequently came to light, SAE was forced to publicly confront the idea that the incident at the University of Oklahoma was not isolated and that the quick action taken was a rarity.

The incidents stretch back to more than 150 years ago — when one of SAE’s earliest members argued in Congress in support of slavery — and continue up to March 2015.

The fraternity hosted minstrel shows in the 1900s, “Martin Luther King Jr. trash” parties in the 1980s, and “n*****s and hoes” parties in 2010. Blackface was used in the 1930s, and a white brother impersonated Tiger Woods in the 2000s. Confederate flags were draped proudly in some SAE houses from at least 1950 to 2015. The institution of slavery, supported by an SAE member in the 1860s, was celebrated as part of a chapter’s party in 1987.

And the segregationist chant sung at the University of Oklahoma was apparently longstanding tradition. The university’s investigation of the incident found that older brothers taught the chant to the younger ones during a “leadership cruise.”

“While there is no indication that the chant was part of the formal teaching of the national organization,” OU President David Boren said in March, “it does appear that the chant was widely known and informally shared amongst members.”

“This is not an accident,” Cohen, the NYU professor, told BuzzFeed News. “It shows that a larger fraternity milieu that existed during the desegregation era has been preserved. You put in a time capsule and half a century later it exists in its pristine form.”

Cohen said that such racist chants must have been preserved by the fraternity’s alumni who “were never really happy about desegregation and resisted it.”

In most of the alleged racist incidents, universities and SAE chapters followed a standard response: The chapter apologized for the actions of a few and vowed to teach members about diversity. In some cases, the universities levied sanctions, including interim suspension, against the chapters. But most disciplinary efforts went by the wayside or drew only slap-on-the-wrist penalties from university or Greek officials. And today most university and SAE officials, when asked by BuzzFeed News, can’t fully explain whether those actions fostered lasting diversity and tolerance.

Until this year, SAE had never announced a fraternity-wide plan to counter racism in its ranks, despite numerous documented instances of racial intolerance. The result, Cohen said, is that for more than a century and a half, SAE couldn’t banish tactics seen in the era of Jim Crow from their place on fraternity row.

Segregation and Confederate Nostalgia

SAE says its creed, known as “The True Gentleman,” is “based upon the ideals set forth by our Founding Fathers.”

Several of those founders and some of SAE’s earliest pledges worked to keep segregation alive in the United States. Lucius Quintus Cincinnatus Lamar II, one of the first initiates at SAE’s University of Mississippi chapter — who went on to become a senator and an associate justice of the U.S. Supreme Court — delivered a speech at the Capitol in 1860 justifying slavery.

“Our proposition is that when these two races are brought into contact, the supremacy of the white man must be acknowledged,” he said. When Lamar died in 1893, he was buried in a casket adorned with a flower arrangement fashioned after the badge of SAE.

Of all the college fraternities, SAE sent the largest percentage of its members to the Civil War when it began in 1861, Levere wrote. More than 60 died. Six of its seven founders wore the Confederate Army’s gray uniform, including the fraternity’s chief founder Noble DeVotie, who Levere said was the “first man to lose his life in the Civil War” when he drowned after falling off a wharf.

At that time even discussions of race were discouraged. SAE made that clear in the 1888 issue of its magazine, The Record. An editorial in the magazine disapproved of another Southern fraternity — Kappa Alpha — for inserting a Harper’s Weekly article on race problems in the South in its journal. “We take it for granted the qualification for membership in K. A. is at least ‘male white,’ and further than that we can't see how the order — as a fraternity — can be interested in race issues or other similar political problems of our land.”

As SAE flourished, its brothers moved on to positions of power, taking action that had lasting negative political and social repercussions for racial equality.

Member John Crepps Wickliffe Beckham, the 35th governor of Kentucky, was “admired” by SAE, according to an issue of The Record from 1900. Beckham passed the Day Law in 1904, which mandated racial segregation in all schools in the state for nearly half a century. The law was proposed by a legislator, Carl Day, who called for an end to the “contamination” of white students at college.

Clifford Davis was a Ku Klux Klan leader, a Democratic U.S. representative, and an SAE member from Tennessee. He was also Memphis’ commissioner of public safety in the 1920s. Under Davis, 70% of the Memphis police force were Klan members, worsening race relations in the city, according to the 1993 book Southern Labor and Black Civil Rights: Organizing Memphis Workers by Michael K. Honey. According to Honey, police violence was rampant against labor and civil rights organizers through the '30s. By the '40s, “the only connection Negroes have had to the Memphis police force has been Negro heads colliding with nightsticks in the hands of white policemen,” Nobel Peace Prize winner Ralph Bunche observed in his 1973 book The Political Status of the Negro in The Age of FDR.

Via youtube.com

Several fraternities, including SAE, grew increasingly politicized as a response to President Harry Truman’s establishment of a civil rights committee in 1946 and desegregation of the armed forces in 1948. Around this time, the Confederate flag, once largely confined to tributes to Confederate dead, became a symbol of “resistance to federally enforced integration,” according to a 2000 inquiry by the Georgia state government. Many fraternities adopted them for this reason. "Kappa Alpha, Kappa Sigma, S. A. E., and Phi Delta Theta fraternities have brought Confederate and Alabama state flags out of the mothballs and once more they are flapping in the warm Southern breeze," reporter Jim Harland wrote in a July 1948 issue of the Crimson-White, the University of Alabama's student newspaper.

Today, the Confederate flag can be spotted in photos behind college students posing at SAE parties.

SAE spokesperson Brandon E. Weghorst told BuzzFeed News in June that the fraternity does not endorse the Confederate flag. “Never has it been part of our insignia, emblems or marks since our founding,” he said. “Although we believe in freedom of speech, we reiterate to our members that the flag should not be used in conjunction with Sigma Alpha Epsilon.”

Still, the Confederate flag was seen flying on the front lawns of the SAE house at Valdosta State University in Georgia as recently as 2009.

And former and current students at Oklahoma State University (OSU) told BuzzFeed News that the Confederate flag was a permanent fixture in one of the rooms at the SAE house dating back to 1987. The flag was visible to anyone who walked across the street.

It was only on March 8, 2015 — the night that Oklahoma University’s SAE members were caught singing the racist chant — that the flag was finally taken down after a report about it in O’Colly, the student newspaper.

In recent years, several Southern fraternities, including Kappa Alpha and SAE, have come under fire for wearing Confederate uniforms and costumes at social gatherings and hosting slavery-themed parties. One of the most important social events at the University of Georgia’s SAE chapter is the Magnolia Ball, described — in a 1960 issue of The Record as a spring activity where the “clock was turned back 100 years to the ‘gracious living days’ of Southern belles with their [hoop skirts] and bonnets and stately Southern gentlemen with long plantation coats and top hats.”

A similar party at SAE’s Oklahoma State University chapter is the “Plantation Ball,” described as a “prestigious three-night date party” and one of the “premiere date parties on campus” held during the last week of April to commemorate the fraternity’s Founder’s Day.

In 1987, Paul Littlejohn, the then-president of the NAACP chapter at Oklahoma State University, had just left his first meeting with the NAACP student body when he saw about 100 SAE brothers and pledges outside the chapter’s house across the street from his apartment. They were celebrating an event leading up to the Plantation Ball.

In an interview with BuzzFeed News in May, Littlejohn, 49, said he saw them from a distance and thought, “Oh, they have some black pledges now. I’ve never seen that on the all-white fraternity and sorority row.”

But when one of the pledges came closer, Littlejohn realized he was wearing blackface and was dressed in “raggedy clothes” — like a slave. One of the SAE brothers came over — all the brothers were dressed up as plantation owners — and put a rope around the pledge’s neck. “Come on, n****r, let’s sing,” Littlejohn heard him say.

He described how some pledges with ropes around their necks serenaded the sorority houses with the “old Negro spiritual — ‘Swing low, sweet chariot.’” One of the brothers, who was playing a banjo, gleefully asked Littlejohn to join them.

“I was outraged,” Littlejohn said. “I couldn’t believe this was happening in front of my eyes.”

The next day, hundreds of students from OSU and Langston University marched on the OSU campus in a peaceful protest. According to an Associated Press report of the incident, SAE apologized to the black students and said they would take necessary action to avoid repeating this “regrettable incident.”

Nick Oxford / AP Photo



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