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Monthly Archives: August 2013

Daily Bread for 8.26.13

Good morning.

Our week begins with sunny and hot skies, a high of ninety, and southwest winds around 10 mph.

On this day in 1920, the 19th Amendment went into effect, with no public, signing ceremony beforehand:

Washington, Aug. 26 — The half-century struggle for woman suffrage in the United States reached its climax at 8 o’clock this morning, when Bainbridge Colby, as Secretary of State, issued his proclamation announcing that the Nineteenth Amendment had become a part of the Constitution of the United States.

The signing of the proclamation took place at that hour at Secretary Colby’s residence, 1507 K Street Northwest, without ceremony of any kind, and the issuance of the proclamation was unaccompanied by the taking of movies or other pictures, despite the fact that the National Woman’s Party, or militant branch of the general suffrage movement, had been anxious to be represented by a delegation of women and to have the historic event filmed for public display and permanent record.

It’s more than funny that the New York Times account refers to the National Woman’s Party as a militant movement. Our definition of that term has changed.

We think of sharks as swimmers, but some of them look more like walkers:

For the week of August 26 to 30, Puzzability offers a back-to-school series entitled, Welcome, students:

Welcome, Students
For this week’s class act, we started each day with a word or phrase, added the seven letters in the word STUDENT, and rearranged all the letters to get a new phrase. Both pieces are described in each day’s clue, with the shorter one first.
Example:
Skating venues; Tobey Maguire’s Spider-Man love interest
Answer:
Rinks; Kirsten Dunst
What to Submit:
Submit both pieces, with the shorter one first (as “Rinks; Kirsten Dunst” in the example), for your answer.

Here’s today’s puzzle:

Monday, August 26
Pickled Korean specialty dish; wet blanket

Recent Tweets: 8.18 to 8.24

Daily Bread for 8.25.13

Good morning.

Whitewater will have a sunny Sunday, with a high of eighty-eight. Sunrise was at 6:12 AM and sunset will be 7:41 PM. The moon is in a waning gibbous phase with 75% of its visible disk illuminated.

Great-Moon-Hoax-1835-New-York-Sun-lithograph-298px

From 4th of 6 articles in the series, via Wikipedia’s Wikimedia Commons. “Rough image of lithograph of “ruby amphitheater” described in New York Sun newspaper issue of 28 August 1835: “Our plain was of course immediately covered with the ruby front of this mighty amphitheater, its tall figures, leaping cascades, and rugged caverns. As its almost interminable sweep was measured off on the canvass, we frequently saw long lines of some yellow metal hanging from the crevices of the horizontal strata in will net-work, or straight pendant branches. We of course concluded that this was virgin gold, and we had no assay-master to prove to the contrary.”

And of the moon, on this day in 1835, a Great Moon Hoax began:

On this day in 1835, the first in a series of six articles announcing the supposed discovery of life on the moon appears in the New York Sun newspaper.

Known collectively as “The Great Moon Hoax,” the articles were supposedly reprinted from the Edinburgh Journal of Science. The byline was Dr. Andrew Grant, described as a colleague of Sir John Herschel, a famous astronomer of the day. Herschel had in fact traveled to Capetown, South Africa, in January 1834 to set up an observatory with a powerful new telescope. As Grant described it, Herschel had found evidence of life forms on the moon, including such fantastic animals as unicorns, two-legged beavers and furry, winged humanoids resembling bats. The articles also offered vivid description of the moon’s geography, complete with massive craters, enormous amethyst crystals, rushing rivers and lush vegetation….

Readers were completely taken in by the story, however, and failed to recognize it as satire. The craze over Herschel’s supposed discoveries even fooled a committee of Yale University scientists, who traveled to New York in search of the Edinburgh Journal articles. After Sun employees sent them back and forth between the printing and editorial offices, hoping to discourage them, the scientists returned to New Haven without realizing they had been tricked.

On September 16, 1835, the Sun admitted the articles had been a hoax. People were generally amused by the whole thing, and sales of the paper didn’t suffer….

Small-Town Downtown Forum, Thursday, September 5th in Darien, WI

Please see a press release for a Thursday, September 5th development conference:

On September 5th, UW-Extension and the Village of Darien are hosting the first of three state-wide Small Town Downtown Forums that focus on the unique community and economic development issues and needs in small, often rural communities.

The program will be held at the Darien Senior Center, 47 Park Street, Darien WI, from 12:30 to 4:30 PM.

See http://walworth.uwex.edu/2013/08/06/2013-small-town-downtown-forum/ for complete information.

The keynote presentation will be provided by Stan Gruszynski, USDA Rural Development State Director on new USDA programs that focus on economic vitality in small communities. Village of Darien Administrator Diana Dykstra and UW-Extension Educator Joshua Clements will present a local case study on the Village of Sharon and its community placemaking efforts and successes stemming from cycling, including hosting a large cycling race in the village.

Facilitated roundtable sessions will focus on variety of economic and community development topics, including Downtown Real Estate, Engaging Youth Downtown, Low Cost Ways to Improve Your Community’s Entry and Downtown, and more.

This program is open to the public with small businesses, entrepreneurs, chambers of commerce, municipal leaders and interested citizens encouraged to attend. The registration fee is $10 advance or at the door (see program brochure).

Additional information is available from

Walworth County UW – Extension

100 W. Walworth St.
PO Box 1001
Elkhorn, WI 53121-1001
Phone: 262-741-4951
Fax: 262-741-4955
Office Hours:
8:00am – 5:00pm
Monday – Friday

Daily Bread for 8.24.13

Good morning.

It’s a beautiful day in Whitewater, with sunny skies, a daytime high of eighty-two ahead, and light winds from the south at 5 to 10 mph.

Ever wonder about when to use who and whom? The Oatmeal.com has you covered:

If you had been living in Pompeii on this day in the year 79, you would have experienced nature’s full fury:

At noon on August 24, 79 A.D., this pleasure and prosperity came to an end when the peak of Mount Vesuvius exploded, propelling a 10-mile mushroom cloud of ash and pumice into the stratosphere. For the next 12 hours, volcanic ash and a hail of pumice stones up to 3 inches in diameter showered Pompeii, forcing the city’s occupants to flee in terror. Some 2,000 people stayed in Pompeii, holed up in cellars or stone structures, hoping to wait out the eruption.

A westerly wind protected Herculaneum from the initial stage of the eruption, but then a giant cloud of hot ash and gas surged down the western flank of Vesuvius, engulfing the city and burning or asphyxiating all who remained. This lethal cloud was followed by a flood of volcanic mud and rock, burying the city.

The people who remained in Pompeii were killed on the morning of August 25 when a cloud of toxic gas poured into the city, suffocating all that remained. A flow of rock and ash followed, collapsing roofs and walls and burying the dead….

According to Pliny the Younger’s account, the eruption lasted 18 hours. Pompeii was buried under 14 to 17 feet of ash and pumice, and the nearby seacoast was drastically changed. Herculaneum was buried under more than 60 feet of mud and volcanic material. Some residents of Pompeii later returned to dig out their destroyed homes and salvage their valuables, but many treasures were left and then forgotten.

Motorcyclist Hits Bear at 87 MPH in Canada

The footage shows the view from the biker’s helmet as he is thrown from the vehicle.

According to the Royal Canadian Mounted Police (RCMP) the incident occurred on Highway 7 on June 30, 2013. After ensuring the biker received medical attention the RCMP officer recovered the helmet and camera. To their surprise police watching the video observed the motorcycle going for 0 km/h to over 140km/h in less than 20 seconds….

The report comments that the driver was clearly focused on capturing the speed on his odometer, and did not notice the bear until it was half way across the oncoming lane of traffic….

The biker involved in the incident suffered serious but non-life-threatening injuries in the accident.

The bear walked away unscathed.

Via We’re going on a bear shunt: Speeding motorcyclist hits black bear at 87 mph.

The No-Prior-Discussions, Wheelchair-Access Lawsuit Against Whitewater

Weighty claims require that claimants present their grievances deliberately.

A serious presentation ordinarily includes (1) signaling that one has a grievance, (2) offering a chance for a negotiated resolution, and only later (3) letting others know that one might seek recourse to the courts if negotiations should prove unproductive.

(This last point only applies if one can prosecute a cause of action; bluffing beyond one’s means is a fool’s gambit.)

One reads of a lawsuit against the City of Whitewater for alleged violations of the Americans with Disabilities Act and the Rehabilitation Act, for a claimed failure to provide wheelchair access in parts of the city. The plaintiff, Amy Bleile, is a former Miss Wheelchair Wisconsin. She’s retained an attorney from Birmingham, Alabama who has filed suit on her behalf in the Eastern District of Wisconsin, seated in Milwaukee.

Quick searching shows the case to be captioned as Amy Bleile, Plaintiff, vs City of Whitewater, Wisconsin, docketed at 2:13-cv-942, and filed on 8.20.2013. (I’ve no connection to this plaintiff or to her attorney; I only became aware of the lawsuit yesterday from the article to which I’ve linked, below.)

Oddly, one also reads that neither Plaintiff, Amy Bleile, nor her attorney, Michael A. Chester, contacted the city before filing their federal lawsuit.

From the Daily Union, 8.22.13:

Chester said neither he nor Bleile contacted city officials about the alleged ADA violations before filing the suit, which seeks no damages, but contains a court order requiring the city to remove the barriers to accessibility downtown and at Starin Park.

“We hope the city will collaborate with us, reach an agreement to get the barriers removed in a reasonable amount of time,’ he said.

That’s absurd, really: Attorney Chester makes no effort at discussion before filing suit, but then insists afterward that he’s seeking mere collaboration.

Perhaps lawyers practicing from Alabama define collaboration differently from people in the other forty-nine states of America.

To file suit without prior (close-in-time) contact to a target defendant is a poor practice.

This is apparently inexplicable; there are precious few times one rushes to court without approaching the other side beforehand.

Yet, if one looks at the complaint, one finds that although the Ms. Bleile is seeking only changes in accommodations (actions, not money), her out-of-state attorney is seeking fees for litigating the case, from the City of Whitewater, to be awarded by the court. From Plaintiff’s Complaint, in both Counts I (Paragraph 26) and II (Paragraph 33) one sees a request

….That the Court award reasonable attorney’s fees, costs (including expert fees) and other expenses of suit, to the Plaintiff….

Suing without contacting currently-serving city officials affords plaintiff’s counsel a chance to demand court-awarded attorney’s fees to which he would not be entitled if he had given the City of Whitewater a chance to resolve the case through contact and negotiation before litigation.

The federal dockets also show that five such lawsuits have been filed on behalf of Plaintiff, Amy Bleile, against different defendants, in either the Eastern or Western Districts of Wisconsin. (The first case listed is now closed.)

1 Bleile, Amy (pla) wiedce 2:2013-cv-00636 446 06/06/2013 08/19/2013 Bleile v. Bavaria Equities 1107 LLC

2 Bleile, Amy (pla) wiedce 2:2013-cv-00942 446 08/20/2013 Bleile v. Whitewater, Wisconsin, City of

3 Bleile, Amy (pla) wiwdce 3:2013-cv-00398 446 06/06/2013. Bleile, Amy v. Otis Holdings, LLC

4 Bleile, Amy (pla) wiwdce 3:2013-cv-00399 446 06/06/2013 Bleile, Amy v. Southern Wisconsin Foods Real Estate Holding Company, LLC

5 Bleile, Amy (pla) wiwdce 3:2013-cv-00589 446 08/20/2013. Bleile, Amy v. GE Capital Franchise Finance Corporation

Disability-access claims are serious ones that should not be filed without advance warning. Supposed, unaddressed concerns do not obviate the reasonable step of contacting currently-serving city officials. One has reason to look askance at no-prior-warning lawsuits.

All people should enjoy access to our city.

Non-conformity with federal disability law should, where found, be remedied promptly; plaintiffs’ attorneys who commence lawsuits without prior opportunity for resolution should be undeserving of court-awarded fees.