21 06 2008

Suspension of local, national and international news items on this disability forum!

This disability forum will no longer add local, national, or international disability news items. I will not spend my time arguing the merits of the United States Copyright Act sections regarding the “fair use” doctrine with business oriented short-minded individuals who have no clue as to the extent of disability discrimination around the globe. Local, national and international news organizations claim a proprietary right to reported public information. These news organizations are attempting to curtail any other public use of that news event. Below are links to information on the “fair use” doctrine and a 20 June 2008 discussion with Anne Freedman, Web Editor/News Editor, www.HREOnline.com, Human Resource Executive magazine.

I would advise anyone interested in local, national, or international disability news to create a Google Alert for the following words or set of words – disability, disabled, discrimination, disabled police, discrimination disability. Through this process, anyone with an interest in disability issues throughout the world can obtain daily disability updates and keep abreast of new and valuable information.

http://www.copyright.gov/fls/fl102.html

U. S. Copyright Office – Fair Use

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/

Stanford University Libraries: Copyright and Fair Use – Chapter 9. Fair Use

20 June 2008 6:06 AM

Hi Glenn.

I noticed that you printed the entirety of one of our stories on your disability weblog: http://ganolen.wordpress.com/

That violates our copyright. Please feel free to print a brief excerpt and a link to the entire story on our page, but do not post the entire story on your site.

Thanks.

Anne

Anne Freedman
Web Editor/News Editor
www.HREOnline.com
Human Resource Executive magazine
747 Dresher Road
Suite 500
Horsham, PA 19044
(215) 784-0910, ext. 6382
Fax: (215) 784-0275

20 June 2008 10:16 AM

I would humbly ask Human Resource Executive Online for permission to use this story in my attempt to report local, national and international disability news. I am unaware of any other disability venue that reports local, national, and international disability news items in one venue. I apologize for not obtaining advanced permission, but I honestly did not believe any organization would have a problem with my attempt to report this very important disability news item to the disabled local, national, and international community.

I understand this is a problem in some circles. The Associated Press is also attempting to curtail the use of their news items on web logs or blogs. I give the lead to your story, the author of your story, the date, name, and URL of the reporting organization. I do not claim to be an expert on “fair use” or copyright limitations, but I am simply reporting local, national, and international disability news on my web log. Again, I apologize for not obtaining advanced permission. My web log is not a commercial enterprise, and is simply my attempt to report disability news.

The effect on the potential market for your copyrighted story is limited to my small readership, which averages twenty hits per day and has never gone much over forty hits in one twenty-four hour period. The ADA Amendments Act of 2008 is such an important news item to the disabled community that your reporting uniquely captures that I never thought about not including it in its entirety. Please forgive me!
 
http://ganolen.wordpress.com/
 
Collaboration Leads to Revised ADA Bill

The proposed law will expand narrow court interpretations that have restricted ADA coverage in the workplace for people with disabilities. It is expected to increase the overall number of disabled people able to request reasonable accommodations, but should not have a significant impact on ADA employment policies already in place.

by Tom Starner

June 19, 2008

Human Resource Executive Online

http://www.hreonline.com/HRE/story.jsp?storyId=104013393 
http://www.copyright.gov/fls/fl102.html

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work.

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
 
Thanks,

Glenn Allen Nolen
ganolen@gmail.com

20 June 2008 12:07 PM

Glenn, we don’t have a problem with you excerpting some of the story on your site, but you can’t post the entire story. If you just pull out a couple of paragraphs that you think are most relevant to your readers and then offer them a link to the story on our site to read the whole thing, that’s fine.
 
We’re not attempting to go the AP-route, and try to deny use or charge for coverage.
 
Plus, it’s possible your readers will find other stories on our site — many of which deal with benefits and recruiting issues relating to disability — that may be useful.
 
Best,
 
Anne

Anne Freedman
Web Editor/News Editor
www.HREOnline.com
Human Resource Executive magazine
747 Dresher Road
Suite 500
Horsham, PA 19044
(215) 784-0910, ext. 6382
Fax: (215) 784-0275





20 06 2008

Disabled Iraq war vet will serve two to four years for arson

by Liz Zemba

Tribune-Review

June 20, 2008

http://www.pittsburghlive.com/x/pittsburghtrib/news/breaking/s_573703.html

A disabled Iraq war veteran will not have to make $43,000 in restitution to cover an insurance company’s payout on a mobile home he set on fire while it was occupied by two women and his young nephew.

Salvatore “Sam” Ross Jr., 25, was sentenced Thursday to two to four years in state prison, to be served concurrently with two, six- to 12-month terms he already is serving for probation violations.

Ross, of Hardy Hill Road in Dunbar Township, is charged by state police with arson, aggravated assault, terroristic threats, recklessly endangering another person and resisting arrest.

Police said Ross, who was blinded and lost his left leg while serving with the Army in Iraq in 2003, walked to a trailer near his home and set it on fire in February 2007 because he was upset with one of the women.

Police said Ross attacked a firefighter at the scene and later threatened state troopers with his prosthetic leg.

Ross is in prison on probation violations stemming from other cases, including a fight outside a Uniontown bar and setting fire to six vehicles owned by his grandfather.

Ross was scheduled to be sentenced June 9 in the arson case, but the proceedings were continued after he objected to a requirement that he make $43,000 in restitution to an insurance company.

In imposing the sentence yesterday, Judge Gerald R. Solomon noted that the insurer, EMC Insurance of Des Moines, Iowa, had notified prosecutors that it had waived its right to seek restitution.

Ross appeared for yesterday’s sentencing proceedings via videoconference from the State Correctional Institution at Forest in Forest County.

Liz Zemba can be reached at lzemba@tribweb.com or 724-626-3561.





20 06 2008

Collaboration Leads to Revised ADA Bill

The proposed law will expand narrow court interpretations that have restricted ADA coverage in the workplace for people with disabilities. It is expected to increase the overall number of disabled people able to request reasonable accommodations, but should not have a significant impact on ADA employment policies already in place.

by Tom Starner

June 19, 2008

Human Resource Executive Online

http://www.hreonline.com/HRE/story.jsp?storyId=104013393

Since becoming federal law in 1990, the Americans with Disabilities Act has had a major impact on the U.S. workplace. The problem is, whatever the ADA’s net effect has been on employment and the working disabled in general, subsequent legal decisions have led to as much frustration as success.





20 06 2008

City police kill armed, mentally disabled man
 
June 18, 2008

by Carolyn Peirce, The Examiner

http://www.examiner.com/a-1446774~City_police_kill_armed__mentally_disabled_man.html?cid=temp-popular

Baltimore – A Baltimore City police officer shot and killed a 21-year-old developmentally disabled man Tuesday who refused to drop a handgun as he was struggling with the officer, according to police.

But the victim’s mother said police shot her son in the back as he was running away.

Bryant Worrell, 21, was shot multiple times after he failed to comply with orders, said police spokesman Troy Harris.

Worrell ran a block down an alley before collapsing in the 3100 block of East Lombard Street, police said. He was pronounced dead at the scene.

Officers had responded about 2:40 a.m. to a call for an aggravated assault in the unit block of South Robinson Street, near East Baltimore Street, Harris said.

Officers found Worrell “in the midst of a physical altercation” with another man, whose name was not released, Harris said.

Police broke up the argument and arrested the other man, but when an officer patted down Worrell’s clothing, he reached for a hidden handgun and refused orders to drop the weapon, Harris said.

“He began to fight with the officer physically,” Harris said.

“And the officer fired, striking him several times in the upper torso.”

But the account Worrell’s mother, Nancy Worrell, gave The Examiner’s partner WJZ-13 differed drastically from the Police Department’s version of events.

 Worrell said she called police after men came into her home and began beating up her son.

She said police shot at her son as he was running away from the officer.

“Then when he started searching him, he threw him on the car, held him by the neck and twisted one of his arms,” Nancy Worrell told WJZ-13.

“Then my son broke away and ran down the alley. The police just started shooting him in the back.”

Worrell had just graduated from Briscoe High School in West Baltimore, a school for developmentally disabled students. His mother told WJZ that her son was mentally disabled.

Worrell’s death marked the city’s 14th officer-involved shooting this year. Ten of the shootings were fatal.

cpeirce@baltimoreexaminer.com





20 06 2008

Police request help in case of electric bike stolen from disabled man

From staff reports

16 June 2008

Ventura County Star

http://www.venturacountystar.com/news/2008/jun/18/no-headline—nxxfctheft19/

Camarillo police are asking for the public’s help in the case of an electric bicycle stolen from a disabled man last week.

The $2,500 electric bicycle was parked near the front of the Target store at 209 W. Ventura Blvd. in Camarillo when it was stolen about 2:20 p.m. June 12, police said in a statement Tuesday night. The bicycle, an 18-inch Tidal Force M-750 High Performance unit, had a lock on it, but it was not attached to a stationary object.

Surveillance video showed a heavy set woman casing the area then carrying the 80-pound bicycle to a 2-door sedan in front of the store, putting it on a bike rack attached to the rear of the sedan and driving away, police said.

The electric bicycle’s owner, who asked to remain anonymous, is a disabled man who is unable to drive. The bicycle is his primary method of transportation.

Police are asking anyone with information about the theft to call Det. M. Luna at 388-5116.

To give an anonymous tip, call Crime Stoppers at 494-TALK. Tipsters who give information that leads to an arrest and criminal complaint against a suspect could receive up to $1,000 cash.





18 06 2008

Police: Spilled salad led O.D. Heck aide to assault client

Two others aides charged with not intervening

June 17, 2008

by J. Jude Hazard

Daily Gazette Reporter

Schenectady, N. Y.

http://www.dailygazette.com/news/2008/jun/17/0617_salad/

Mechanicville — The O.D. Heck Developmental Facility aide accused of assaulting a developmentally disabled client outside a McDonald’s restaurant earlier this month has been charged with misdemeanor assault and misdemeanor endangering the welfare of an incompetent or physically disabled person.

Christina Brandon, 46, of 482 5th Ave., Troy, voluntarily appeared in City Court this afternoon to face the charges. She is accused of punching a female patient in the upper right side of her chest after the patient spilled her food as aides and clients sat in a van outside the restaurant on June 5.

The punch caused a purple-colored bruise, according to court records.

A witness statement given to police claims Brandon was heard yelling at the victim, “You spilled my [expletive] salad.”

Two of the aides present for the alleged assault and who police said failed to intervene, Natalie Richardson, 49, of 25 Swan St., Schenectady, and Dranae Washington, 37, of 227 Elm St., Schenectady, were charged today with misdemeanor endangering the welfare of an incompetent or physically disabled person.

Police have not yet been able to contact the fourth aide present during the incident, Sharon Butler. Mechanicville Police Chief Joseph Waldron said he does not believe Butler is attempting to evade police.

The attorney representing Brandon, Sanford Finkel, declined comment after today’s court appearance. Glen Brownell, the attorney for Washington, also declined comment. Richardson appeared without an attorney and was unavailable for comment.

All three women were processed and released without bail. Their next court appearances are scheduled for July 1.





18 06 2008

Ylitornio killer left farewell letter for his remaining three children

Gun licences not subject to age restrictions

Helsingin Sanomat

18 June 2008

http://www.hs.fi/english/article/Ylitornio+killer+left+farewell+letter+for+his+remaining+three+children/1135237255887

The 88-year-old veteran who shot and killed his two mentally disabled adult daughters, his wife, and finally himself on Sunday also had three other children, for whom he left a farewell note.

According to police, the letter was found in the man’s home and its content deals with family matters. The motive for the killings cannot directly be deduced from the letter.

The man shot his victims with a Russian-made handgun and himself with a sawn-off shotgun.

The man did not have a licence for the Russian revolver, which he had presumably brought back as a souvenir from the Second World War. The firearm certificates for the shotgun were in order.
     
The tragedy started on Sunday afternoon, when the old man killed his 49-year-old disabled twin daughters at his home.

The daughters lived in a nursing home and visited their parents during the weekends.

According to the police, the victims had been shot in the head from close range. One of the women had been killed on the bed, the other one on the sofa. There were no signs of struggle.

After having killed his daughters, the old man drove to the Ylitornio Health Centre, where his 82-year-old wife was a bed patient.

According to police, the man fired one or two shots in the health centre. His wife was hit in the head and was subsequently rushed to the Oulu University Hospital by a medical helicopter. She later died of her injuries.
     
With the wife in the same room there was also another patient, who presumably saw the incident.

The police were alerted to the shooting at the health centre at 14.45 on Sunday afternoon. A unit arrived at the scene within three minutes, but the man had already left.

From the health centre the man fled back home by car. Police followed him there, a distance of around 10 kilometres, and shortly afterwards the officers heard a single gunshot from the house.

Police officers then found the man and his daughters dead inside the building.

Before the man killed himself the police managed to reach him briefly by telephone but the man terminated the call quickly.

The police are looking into the incident as a triple murder. According to the local chief of police Seppo Kinnunen, the shooter’s actions were showed specific intent, and presented little danger to outsiders.
     
When interviewed, the locals have described the man as extrovert, helpful and “very family-oriented”.

The motive for the killings remains unclear.
     
The licence to bear arms cannot be cancelled on grounds of the advanced age of the permit holder, explains superintendent Liisa Timonen of the Ministry of the Interior Lottery and Gun Control Unit. A successful applicant’s licence to bear arms is usually granted “until further notice”.

The permit can be revoked by the police, if the person commits a violent crime, a drug offence, or a firearms offence.

A negligent way of life, mental health problems, and memory illnesses also affect the granting of a gun licence.

With regard to supervision, proactiveness is called for from the authorities. Doctors, for one, are not obligated to inform the police if, say, a gun licence holder’s health has weakened.

The law on firearm licences will be revised within the next two years to comply with EU directives.








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