Thursday, September 13, 2007

Water pistol prizes draw a sharp rebuke

Albany library official says only a few were given out as rewards for summer reading program

ALBANY -- A Common Council member criticized the Albany Public Library for handing out water pistols as prizes for students who read four books this summer.

Council member James P. Sano, a Democrat, said the library's Pine Hills branch sent the wrong message to children at a time the city has formed a task force on gun violence.

"They must have been out of rubber knives and candy cigarettes that day," Sano said as he waved the toy gun during the council's caucus last week. "They couldn't give out books or bookmarks?"

Tim Burke, the acting director of the library, said it was a mistake that won't happen again.

"They buy these bulk packages of prizes that included a couple of those," he said. "It was just a few out of many, many prizes we handed out."

Sano said he took the water pistol from a 9-year-old boy while working as a lifeguard, and the child told him where he had received it.

"I was surprised and disappointed that this was a prize that was given away," he said. "We shouldn't send mixed messages to kids that we give a replica of a firearm."

The issue is especially sensitive after Shahied Oliver, 15, of Albany was gunned down Aug. 18 at a birthday party in the Skyline Gardens Apartments in Arbor Hill.

Another 15-year-old, Nahjaliek McCall of Green Street, has been charged with the murder and pleaded not guilty last week in Albany County Court.

This year's statewide theme for the library reading program was "Get a Clue at Your Library." Burke suspects the water pistols were meant to go along with the detective theme, but said he wishes they were not given out.

"We certainly should have been more sensitive about that," he said.

The reading program aims to help keep kids off the street and out of trouble, Burke said. This year, 800 children and teenagers participated, reading a total of 3,400 books.

"It was a wonderful, successful summer reading program that is meant to teach kids to do important things instead of hanging around with guns and drugs," he said. "We would like to take that back if we could."



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Teddy Bear Thief Caught On Bicycle

BELLEVILLE, IL

He might not be able to grin and “bear” it. An accused thief is spending the night behind bars. Police say the Belleville, Illinois, man's target for theft was a giant teddy bear. FOX 2's Andy Banker reports the break-in suspect was caught trying to bicycle away with the loot.

McCormicks Island suspect released from prison

The last of the McCormick’s Island partygoers to be held at Dauphin County Prison was freed Wednesday afternoon. But his freedom is likely to be short lived.

Thomas E. Matthies, of Laurel, Md., was being held on $2 million bail after his arrest on three counts of manufacturing, delivering and possessing drugs and other drug related charges. At the time of his arrest, court documents stated Matthies was found with a large quantity of drugs, including ecstasy, LSD, hallucinogenic mushrooms, marijuana and crystal methamphetamine, as well as more than $1,000 in cash, mostly in $20 bills.

Those charges were dismissed when the arresting officer failed to appear at Matthies’ preliminary hearing Wednesday. Because the dismissal was without prejudice, police can file the charges again, which is what Harrisburg City Police Chief Charles G. Kellar said will happen.

"We have already consulted with the district attorney. Those charges will be re-filed (Thursday) morning," Kellar said.

Kellar said the mix-up was due to a computer problem that caused the officer to not receive his subpoena for the hearing.

Matthies was one of more than 127 people arrested after police discovered the 7th Annual Island Camp-out with the DJs while searching for Christian Yanez, 27, a city man who drowned trying to swim to the party in the middle of the night. Matthies was the only person arrested on drug-related charges.

The promoters of the party, Quincey O. Morton and Kirsten Tonja Swartz-Morton, both of San Diego, were charged with 127 counts each of reckless endangerment. They remain free after posting $75,000 bail each.

The rest of those charged have been cited with illegal assembly under the city’s parks ordinance, which requires a permit for gatherings of more than 20 people listening to music.

Citations for Pennsylvania residents charged have begun turning up in local mailboxes. Those citations don’t specify a fine amount and require $1,000 less security than out-of-state residents facing the same charges.

A spokesman for District Judge Barbara W. Pianka’s office said the judge will decide any fines after holding hearings for those charged. Those hearings were originally set for Wednesday, but have been postponed while logistics of handling hearings for an estimated 200 people are figured out.

"Our courtroom is not big enough for that many people; neither is our waiting room," a spokeswoman for Pianka’s office said.

Mesa HOA vote to build $8.5M luxury center tossed out by judge

A Superior Court judge has ruled against a homeowners association in east Mesa, halting its plans to force residents to pay for the construction of an $8.5 million luxury community center.
Many residents said the project was rammed down their throats and that they couldn't afford the mandatory fees.
A vote in February by homeowners in the Apache Wells neighborhood, a large senior community, narrowly approved the plan to demolish an old, retro-style center with a golf pro shop, meeting hall, restaurant and fitness center to make way for a new one.
However, Superior Court Judge Bethany Hicks ruled this week that the election held earlier this year was invalid, despite an apparent 644 to 594 vote in favor of the project.
Hicks held that those voting in favor of the plan didn't represent the majority of all of the members of the homeowner's association. The association has 1,412 members; a majority would be 707.
More than 80 opponents of the project brought the lawsuit. Their ire was raised, in part, because each home in the community would have been assessed a one-time $6,020 payment to build the new center.
"We didn't go out and dance in the streets, but we were certainly pleased," said Bob Teague, one of the plaintiffs. "Our support in the community is quite strong and I'm sure that if they held the election — any way you figured it — they would not prevail today."
Representatives of the Apache Wells Homeowners Association Inc. did not return phone calls Thursday.
Gary Linder, a Phoenix attorney representing the association, said the ruling would be appealed.
He said the association's bylaws clearly require special assessments to be endorsed "by the majority of the residential unit owners at a special election called and publicized for that specific purpose."
He contended that the bylaw states the majority of those that vote in the election must approve the assessment. Around 88 percent of the neighborhood turned out for the election.
"That's incredible in any election," he said. "The ballot that was put in front of these folks was very, very clear."
Pat Tariff, a homeowner advocate, said the $6,020 assessment to build the new center was an attempt to benefit a select group in the neighborhood, which has a golf course.
"That's for the clubhouse and the golf course and it really benefits the golfers," she said. "I'm really tired of these boards and these HOA attorneys thinking they can do whatever they want to do."
A Web site for community news in Apache Wells run by opponents of the assessment — www.saveapachewells.com — states that the homeowner association is offering refunds to homeowners who already have paid their assessment.
Apache Wells is a retirement community where some of the original manufactured homes sit next to large custom stucco houses.

Pageant to Queen: Give Us Back Our Crown!

Hilary Gushwa, Miss Ventura County 2005, still hasn't returned her crown to the pageant officials, after she was disqualified for being married at the time of the pageant. Well, duh!

The Ventura County Scholarship Association sued Gushwa in small claims court and was awarded $3,121, excluding franchise fees. During court proceedings, the Ventura County Star says Hilary told a judge she was on medication and too drunk at the time to remember her own wedding. Take that, Katie Rees!

According to pageant officials, the crown, a commemorative ring, a pin and other prizes valued at more than $2,600 have not been returned. You know how women hate to part with jewelry!

Things have escalated so crazily, that the Star says pageant officials have filed a police report with the Moorpark P.D., saying that not returning the items is the equivalent of theft!

Humberto claims 1 in East Texas

Hurricane Humberto claimed the life of an Orange County man as the storm blasted East Texas with winds up to to 85 miles an hour this morning.

A man died when the carport at his northwest Bridge City home fell on him, Police Chief Steve Faircloth reported. Faircloth declined to identify the man until his relatives are notified.

The National Hurricane Center said just before 10 a.m. that Humberto had weakened to a tropical storm with top sustained winds of about 65 mph.

Humberto spared Galveston Island and other parts of Galveston County but the storm brought 16 inches of rain to the Bolivar Peninsula before landfall about 5 miles east of High Island, the National Weather Service reported.

Humberto didn't exist until late Wednesday afternoon, and wasn't even a tropical storm until almost midday, strengthening from a tropical depression with 35-mph winds to a hurricane with 85-mph winds in just 18 hours, senior hurricane specialist James Franklin said at the National Hurricane Center in Miami.

"To put this development in perspective - no tropical cyclone in the historical record has ever reached this intensity at a faster rate near landfall. It would be nice to know, someday, why this happened,'' Franklin said.

The storm caused heavy damage on the Bolivar Peninsula and in the High Island community near the intersection of Highways 124 and 87. On Highway 24 entering the community, motorists were blocked late this morning by a huge tree limb downed by the storm. Trees were down all over the community.

High Island High School's football stadium was badly damaged, with all four light poles destroyed, one broken completely in half. One of two football field scoreboards was completely destroyed and a press box at the baseball field was torn off the top of a set of bleachers.

At the High Island Food Mart, the roof was ripped half off and the canopy that had sheltered people getting gas was torn loose, dumped in the parking lot near the pumps.

The High Island Post Office was damaged, left with insulation hanging out of its roof. A chain-link fence in front of the High Island Craft Shop was knocked down.

Signs of Humberto's destruction became most apparent beginning about three miles south of High Island on Highway 87. There, a long string of about 30 wooden power poles were splintered and the power lines downed.

Highway 87 runs the length of the peninsula, through Crystal Beach to the Bolivar Ferry landing. Separated from the water in some areas only by a sand dune and a tiny strip of beach, the road is the lifeline of the peninsula, where thousands of people have weekend resort homes and new subdivisions are under development.

East of Gilchrist on the the peninsula, Avery Martin checked out the remains of his business, Rockys RV Park and Fishing Pier.

"When Rita came through, I didn't have any damage at all," said Martin, 44, of Dallas, referring to Hurricane Rita that caused widespread destruction in the area.

Martin's fishing pier was destroyed and three mobile homes on the property were flipped over by winds.

"Rita didn't do anything," Martin said. "It was minimal compared to what this did."

Martin said damage to his business will run in the tens of thousands of dollars.

In Beaumont, police said winds destroyed a new roof on the landmark Julie Rogers Theater, caused leaks in the police headquarters and damaged other buildings.

Uprooted trees caused at least two suspected natural gas line breaks that were being investigated by firefighters, Beaumont police Officer Crystal Holmes said. Traffic signals lost power and police were dealing with several accidents at intersections where drivers failed to stop and look before crossing, she said.

"We have experienced significant street flooding," Holmes said. "We have a number of underpasses that that are holding water and vehicles."

Police waded into the water to make sure no one was in them and had no victims, Holmes said..

Many powers lines were down in the city as well, Holmes said.

Authorities in the storm area advised people to stay home as the storm, which maintained hurricane-force winds of more than 80 mph five hours after coming ashore, moved into southwest Louisiana. Most area schools were closed as power company Entergy reported more than 110,000 customers without power.

Along with the Bolivar deluge, Humberto pounded Chambers, Jefferson and Orange counties.

In Bridge City, residents awoke today to flying pieces of debris, waving power poles and the sounds of roaring winds as the city took the brunt of Hurricane Humberto. The center of the storm moved across the City of Orange at 5:45 a.m., said Michael Marcotte, a meteorologist at the weather service office in Lake Charles, La.

Marcotte said he was on the telephone with a Port Arthur resident early this morning when the man described the roof of an apartment building near his home blowing off and landing on four vehicles parked nearby.

Power was out in most of Bridge City and Orange County. On the south end of Bridge City's Texas Avenue, wind ripped metal from the roof of a shopping center.

In Beaumont at 5 a.m., water was knee-deep in some streets in Old Town, road underpasses were flooded and trees and power lines were reported down throughout the city.

Entergy spokeswoman Debi Derrick said after sunrise that the company knew of at least 50 power poles that were damaged or destroyed and the damage assessment was not complete.

Most of the outages occurred in Jefferson and Orange counties and on Bolivar Peninsula, Derrick said. It could take days to restore power to some areas, she said.

Derrick said Entergy will have help from other power companies, which were gearing up Wednesday before Humberto became a full-fledged hurricane.

The Beaumont fire department had received several calls about cars being submerged in high water but had not had to rescue anyone, a dispatcher said.

The Category 1 storm came ashore in a sparsely populated area at Sea Rim State Park near High Island, with wind gusts measuring up to 62 mph, meteorologist Jim Sweeney said. Then it headed for Beaumont and other densely populated areas, some of whose residents still are recovering from Hurricane Rita damage

The storm was tightly wound at landfall, with hurricane-force winds extending out less than 20 miles from the center, the weather service reported.

Fired teacher honking for justice

Now in Osceola, she is appealing her dismissal in Indiana to the U.S. Supreme Court.

Deborah Mayer, 57, a former Indiania elementary-school teacher, says she lost her job after saying 'I honk for peace' in class.

Kissimmee Middle School reading teacher Deborah Mayer said her world has been "devastated" by four words she uttered in an Indiana classroom four years ago: "I honk for peace."

Mayer, who now lives in Celebration, was fired from her teaching job in Bloomington, Ind., after that 2003 comment. Now she's appealing to the U.S. Supreme Court, asserting that her dismissal for expressing her political views violated her First Amendment rights.

It's a case with national implications for what teachers can -- and can't -- say in a public-school classroom.

"This has been devastating to me," Mayer, 57, said of her case, which has cost her $70,000 in legal fees. "What's important is that when I decided to stand up for my rights and take this school system to court, the court said teachers have no right of free speech."

But Thomas Wheeler, attorney for the Monroe County Community School Corp., said her real problem is she was a bad teacher. Besides, he said, teachers don't have First Amendment rights in the classroom because they teach a curriculum decided by state and local officials. So far, lower courts have agreed -- and the Supreme Court has not decided whether to hear her appeal.

Martin Sweet, an assistant professor of political science at Florida Atlantic University, said Mayer's case has a decent chance of getting a hearing.

"The First Amendment does not go away for either teachers or students. But it has to be measured," he said. One measure is subject matter, he said: A teacher discussing current events could more appropriately voice political opinions than, for instance, a biology teacher.

Mayer said her troubles started Jan. 10, 2003 -- the eve of the Iraq war -- during a weekly current-events discussion in her Grades 4-6 class at Clear Creek Elementary School in Bloomington, Ind. A pupil asked if she would participate in a peace rally.

"I honk for peace," Mayer, a veteran teacher in her first year at Bloomington, said she told them. She said she also told the students, "People ought to seek out peaceful solutions before going to war."

She said several parents subsequently complained about her comments, leading to the non-renewal of her contract at the end of the year.

"I said four little words, and it destroyed my life," said Mayer, whose grown son subsequently served in Afghanistan.

But Wheeler said the peace comments "had absolutely nothing to do with her termination. What happened was, she was a bad teacher."

He said parents began complaining in October 2002, and some requested that their children be transferred to another class.

Strict disciplinarian

Hope Ellington, whose daughter was in Mayer's class, said Mayer was a strict disciplinarian, which some pupils and parents didn't like. She called Mayer a "really great" teacher with good rapport with pupils.

Ellington, who describes her family as conservative Republicans, said her daughter was upset that Mayer was "bashing" President Bush in class. But she said Mayer's teaching ability was more important that her political views. She thinks the combination of those views and her strict discipline cost Mayer her job.

Needing work, Mayer moved to Boca Grande on Florida's southwest coast, where she taught at a charter school, and then to Boone Middle School in Haines City last year.

Boone's then-principal, Pam Henderson, said Mayer's very structured classroom was welcomed by some families but not others.

"She was a great teacher," Henderson said. "She cared about the students."

Mayer switched this year to Kissimmee, where she teaches sixth-grade reading. She recently won the Defense of Academic Freedom Award from the National Council for the Social Studies, but she's disappointed that other teachers groups haven't spoken up on her behalf.

May teachers respond?

Mayer said she's not advocating that teachers can say anything they want -- but insists they can respond to students' comments and questions.

"Teachers need to know if their in-class speech is ever entitled to First Amendment protection, and if so when," her appeal to the Supreme Court says.

Wheeler, the School Board attorney, said it's clear public-school teachers have no free-speech rights. "We need to keep control of the classroom that's taught in our name," he said. "If they disagree with the curriculum, they can go somewhere else."

The 7th Circuit Court of Appeals agreed. "The First Amendment does not entitle primary and secondary teachers, when conducting the education of captive audiences, to cover topics, or advocate viewpoints, that depart from the curriculum adopted by the school system," it ruled.

But Ellington, whose daughter was in that Bloomington classroom, said she thinks children can and should hear differing viewpoints.

"Freedom of speech is perfectly fine for a teacher," Ellington said. "I don't think she was trying to make card-carrying Democrats out of her fourth-, fifth- and sixth--graders."