Judge orders state to pay attorney fees in drug test case

TALLAHASSEE --
Florida’s attempt to drug test employees will cost taxpayers $190,589.74 after a federal judge in Miami on Friday ordered the state to pay attorney fees in a case challenging an executive order issued by Gov. Rick Scott last year.

U.S. District Court Judge Ursula Ungaro ordered the payment to the American Federation of State, County and Municipal Employees Council 79, which filed suit in May 2011. The union is plaintiff in the lawsuit challenging Scott’s ability to randomly drug tests workers in agencies his office oversees.

But Ungaro on Friday denied legal payments of $17,455 to the ACLU, which represents AFSCME in the case, saying the civil rights group was not a prevailing party and therefore was not entitled to reimbursement by the state.

In April, Ungaro ruled that Scott’s attempt to require random drug testing for tens of thousands of state workers is unconstitutional, saying Scott did not show a "compelling need" for the controversial plan.

A month later, Scott appealed to the 11th U.S. Circuit Court of Appeals.

Ungaro ruled that requiring drug tests violates the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches.

Scott issued the executive order last year to require drug testing at agencies under his control, though the plan was placed on hold because of the legal challenge, except for some workers at the Department of Corrections. Ungaro’s ruling said the Scott-controlled agencies include about 85,000 employees, or 77 percent of the state workforce.

Despite the legal uncertainty, lawmakers and Scott this year approved a new bill that would allow drug testing of employees – though not require it.

That measure (HB 1205), which lets agencies conduct random testing every three months, is also being challenged in federal court.

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China tightens Internet controls, legalizes post deletion

BEIJING (Reuters) – China unveiled tighter Internet controls on Friday, legalizing the deletion of posts or pages which are deemed to contain “illegal” information and requiring service providers to hand over such information to the authorities for punishment.

The rules signal that the new leadership headed by Communist Party chief Xi Jinping will continue muzzling the often scathing, raucous online chatter in a country where the Internet offers a rare opportunity for debate.

The new regulations, announced by the official Xinhua news agency, also require Internet users to register with their real names when signing up with network providers, though, in reality, this already happens.

Chinese authorities and Internet companies such as Sina Corp have long since closely monitored and censored what people say online, but the government has now put measures such as deleting posts into law.

“Service providers are required to instantly stop the transmission of illegal information once it is spotted and take relevant measures, including removing the information and saving records, before reporting to supervisory authorities,” the rules state.

The restrictions follow a series of corruption scandals amongst lower-level officials exposed by Internet users, something the government has said it is trying to encourage.

Li Fei, deputy head of parliament’s legislative affairs committee, said the new rules did not mean people needed to worry about being unable to report corruption online. But he added a warning too.

“When people exercise their rights, including the right to use the Internet, they must do so in accordance with the law and constitution, and not harm the legal rights of the state, society … or other citizens,” he told a news conference.

Chinese Internet users already cope with extensive censorship measures, especially over politically sensitive topics like human rights and elite politics, and popular foreign sites Facebook, Twitter and Google-owned YouTube are blocked.

Earlier this year, the government began forcing users of Sina’s wildly successful Weibo microblogging platform to register their real names.

The new rules were quickly condemned by some Weibo users.

“So now they are getting Weibo to help in keeping records and reporting it to authorities. Is this the freedom of expression we are promised in the constitution?” complained one user.

“We should resolutely oppose such a covert means to interfere with Internet freedom,” wrote another.

The government says tighter monitoring of the Internet is needed to prevent people making malicious and anonymous accusations online, disseminating pornography and spreading panic with unfounded rumors, pointing out that many other countries already have such rules.

Despite periodic calls for political reform, the party has shown no sign of loosening its grip on power and brooks no dissent to its authority.

(Reporting by Ben Blanchard and Sally Huang; Editing by Nick Macfie)

Internet News Headlines – Yahoo! News

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NYPD recruits sworn in at graduation ceremony

They came from all corners of the globe to join their brothers in blue.

The NYPD recruits sworn in at a graduation ceremony in Brooklyn’s Barclays Center today were born in countries like Nigeria, South Korea, China, Albania, Pakistan, and Somalia — and speak 59 languages.

Others came from less exotic locales like Brooklyn and Queens.

The new class of 1,159 cops was made up of 16 percent women. The racial breakdown is 53 percent white, 25 percent Hispanic, 12 percent black and 9 percent Asian.

Nearly all of them — 99 percent — have a college degree.

Police union president Patrick Lynch and his son, Patrick, at today's NYPD graduation ceremony.

One graduate from Rockland County wore the shield of her father, who was killed trying to help people escape from the World Trade Center on 9-11.

Erin Coughlin, 27, was proud to honor the memory of Sgt. John Coughlin, who had served in the elite Emergency Services Unit.

“It’s an absolute honor. It was surreal — I knew he was looking down on me,” said Coughlin, 27, beaming. “I took the same oath he did. I held it together until we had to salute.”

Her mother Patty was also moved. “I’m glad she got his shield,” she said. “It’s amazing that I was at the graduation for him, and now her.”

The graduating class included the son of police union president Patrick Lynch. “It’s something I always looked forward to,” said 21-year-old Patrick Lynch.

His father said he was “extremely proud” to see the shield on his son’s chest.

Police Commissioner Ray Kelly praised Lynch and three other cops during the graduation for making a good collar in Queens while driving home from the police academy in September.

The four spotted a young man beating up another man in Bayside on Sept. 13, and intervened to stop the attack.

Lynch was one of many new cops who has the NYPD in his blood.

“Growing up, I had a lot to look up to,” said Officer Adam Torres, 25, whose father Felix Torres, 46, is retired.

“For many of you, this moment was a long time coming,” said Kelly. “Some of you dreamed of wearing this uniform from the time you were children.”

Kelly also hailed the recruits’ life-saving work during Hurricane Sandy.

Newly minted officer John Lattanzio was praised for walking through waist-deep water to rescue people in Bergen Beach, Brooklyn — carrying one person out on his shoulders — even though his own home was flooded.

The new rookies will protect half a million visitors to Times Square on New Year’s Eve.

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Resources for South Florida small businesses

•  Florida Small Business Development Centers. Counseling and training at centers in South Florida and around the state, www.floridasbdc.org.

•  SCORE Workshops, online training and free coaching at local branches, www.score.org, miamidade.score.org, browardscore.org, southbroward.score.org

• Florida Women’s Business Center. Provides training, mentoring and resources to women entrepreneurs, http://www.flwbc.org.

• The Commonwealth Institute. Helps women entrepreneurs, CEOs and corporate executives build businesses through peer mentoring programs and annually honors top women-led businesses in Florida, www.commonwealthinstitute.org.

The Hispanic Business Initiative Fund of Florida. Nonprofit, with a Miami office, provides free bilingual seminars, workshops and technical assistance to Hispanic entrepreneurs launching or expanding businesses in Florida. www.HBIFflorida.org.

•  Barry University, Barry Institute for Community and Economic Development. Counseling, workshops and training for Miami-Dade small businesses through the Entrepreneurial Institute, www.barry.edu/biced.

•  Broward College. Offers a 24-credit entrepreneurship certificate, www.broward.edu. For noncredit business courses, including training through its Entrepreneurial Institute, http://www.broward.edu/ce.

•  Florida International University, Pino Global Entrepreneurship Center. Workshops, webinars and more, entrepreneurship.fiu.edu.

•  Miami Dade College. Offers a 12-credit entrepreneurship certificate program, www.mdc.edu/business. For noncredit classes, www.mdc.edu/ce. The Meek Entrepreneurial Education Center offers many programs, www.mdc.edu/north/eec.

•  University of Miami, The Launch Pad. Workshops, networking, resources and coaching, www.thelaunchpad.org.

•  Southern Florida Minority Supplier Development Council. Connects large businesses with minority businesses across South Florida, www.sfmsdc.org.

•  Startup Florida. Programs and training, plus register your company in this Startup America initiative, www.startupfl.org.

•  Partners for Self-Employment. Offers training, technical assistance and loans in Miami-Dade and Broward. www.partnersforselfemployment.com

•  Miami Bayside Foundation. Provides loans of $10,000 to $50,000 to minority-owned businesses in the city of Miami. www.miamibaysidefoundation.org..

•  MetroBroward. Nonprofit offers financing, incubation and training for businesses in low- to moderate-income areas of Broward, www.metrobroward.org.

• ACCION USA. Provides microloans up to $50,000 and financial education, with South Florida offices and programs, www.accionusa.org.

ClearPoint Credit Counseling Solutions. Nonprofit offers one-on-one, over the phone or Internet credit counseling to entrepreneurs and consumers with poor credit. 305-463-6739, ext 1019 or www.clearpointccs.org .

•  Incubate Miami. Start-up businesses in technology can get mentorship, office space and now early-stage funding, www.incubatemiami.com.

• The Technology Business Incubator at the Research Park at Florida Atlantic University. Offers mentors, investor connections and business services, http://www.research-park.org

•  South Florida Urban Ministries’ ASSETS Business Development. Nonprofit offers small business development program including one-on-one business coaching and consulting in areas of start-up, marketing, finance and more, www.sflum.org.

• United Way Center for Financial Stability. Center offers a wide array of tools and resources to help families and individuals achieve financial independence. www.unitedwaymiami.org/WhatWeDo/CFS.

•  The Startup Forum. Organization’s mission is to foster the development of vibrant regional startup communities, www.startupforum.net.

•  StartupDigest. Begun in Silicon Valley as a place to find events for entrepreneurs, this has spread to other cities, including Miami, www.startupdigest.com

If your organization should be on this list, email ndahlberg@miamiherald.com

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Drug overuse in cattle imperils human health

KANSAS CITY, Mo. --
Two children seriously injured in the Joplin, Mo., tornado in May 2011 showed up at Children’s Mercy Hospital in Kansas City suffering from antibiotic-resistant infections from dirt and debris in their wounds.

Physicians tried different drugs, but at first nothing seemed to work.

Blame the overuse of antibiotics in livestock, according to the doctors familiar with their cases.

“These kids had some really highly resistant bacteria that they clearly had not picked up in a hospital,” said Jason Newland, director of the Children Mercy’s antibiotic stewardship program.

Newland and other doctors believe those infections are part of the price we are paying for a half-century of overusing antibiotics in cattle and other meat animals in the United States.

“If you look at tonnage, 80 percent of the total of all the antibiotics we use in the States is used in meat animals,” Newland said.

As in humans, bacteria growing inside animals that are given antibiotics can develop a resistance to the medicines, Newland explained. That resistant bacteria can then be transferred to the soil through animal waste.

During severe storms, such as the EF5 tornado which killed 161 people in Joplin, that contaminated soil can end up in open wounds, and even modern medicine is challenged in combating the serious infections that can occur.

“We are increasingly treating kids with antibiotic-resistant infections who were at the last antibiotic we could possibly use on them,” Newland said. “In the next 20 years, will we see antibiotics resistant to everything?”

A yearlong investigation by The Kansas City Star found a multimillion-dollar-a-year pharmaceutical arms race in the beef industry is not just about curing sick cows.

It’s also about fattening cattle cheaply and quickly, driven in part by efforts to maximize profits, according to food safety advocates. In fact, the same number of cattle today are producing twice as much meat as they did in the 1950s because of genetics, drugs and more efficient processing.

Despite decades of warnings, the federal government has failed to pass meaningful regulation of animal drug use, failed to adequately monitor the harmful residues they leave behind, and failed to stop the consumption of meat contaminated with such substances.

Consider:

•  Last year, an Arizona lab discovered a strain of antibiotic resistant MRSA in meat that can infect humans. MRSA is the potentially fatal staph infection that sometimes races through hospitals.

•  Mexico rejected contaminated meat that U.S. rules allow Americans to eat. A shipment of U.S. beef in 2008 contained high levels of copper, a byproduct of industry and antibiotics, which can damage kidneys. The U.S. Department of Agriculture, which hasn’t set allowable amounts of copper in meat, couldn’t stop it from distribution in the United States.

•  Until it tightened monitoring this year, the government couldn’t even stop the sale of meat containing arsenic, one of the residues found in cattle treated with antibiotics. High levels of the poison can cause vascular disease and hypertension in humans. Many U.S. veterinarians who specialize in treating cattle said in a recent survey that they were concerned about the overuse and improper use of antibiotics and other drugs. Some blamed salesmen intent on making more money. Based on sales data alone, the amount of drugs used in livestock is increasing, and beef samples are showing greater numbers of antibiotic-resistant pathogens.

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Katie Holmes' Broadway Play to Close Early

Katie Holmes' new Broadway play Dead Accounts is cutting short it's run by more than a month.

The limited engagement show had originally been scheduled to run through February 24, but will now stage its final performance on Sunday January 6 at New York's Music Box Theater. When it ends, the show will have played 27 preview and 44 regular performances.

VIDEO: Katie Holmes Beams on Broadway Opening Night

In Dead Accounts, Holmes portrays 33-year-old plays Lorna, a single woman trying to put her life together while living with her aging parents in Cincinnati.

In a statement to Broadway.com, producer Jeffrey Finn confirmed the early closing. "I am extremely proud of this production and the cast. Theresa Rebeck and Jack O'Brien have created an inspiring and hilarious new play and we are all sad to see Dead Accounts end on Broadway. I look forward to working with this remarkably talented cast and creative team again very soon."

VIDEO: Katie Holmes Gets Goofy With On-Stage Co-Star

During an interview with ET at the show's opening, Holmes said she felt overwhelmed at the response to the highly-anticipated premiere. "You know, it feels really exciting. So many friends and family were here supporting and that means so much. And this cast is so wonderful. It's just a real pleasure to be part of this."

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TSA has taken more than 1,500 guns from airline passengers

Security screeners have taken more than 1,500 guns from airline passengers so far this year, far ahead of last year’s tally, the Transportation Security Administration said today.

If the trend holds through Dec. 31, the number of TSA gun seizures will be more than 15 percent ahead of last year’s tally of 1,320 guns.

During the week that ended Dec. 21 — the most recent data the TSA has published — screeners took 34 guns from passengers, including 32 that were loaded.

In the previous week, screeners found 29 guns, including 21 that were loaded.

TSA officials say many people caught with guns simply forgot that they were carrying them.

The agency posts pictures of unusual weaponry seized from passengers on its Web site.

Earlier this month, screeners at Kennedy Airport found a passenger with 26 stun guns in a carry-on bag. Stun guns aren’t included in the firearm tally, but are not allowed on planes.

Among the other items taken from passengers around the country in recent weeks were an A4 rocket launcher found in a checked bag at an airport in Latrobe, PA, and a speargun found in a carry-on bag in Houston.

bsanderson@nypost.com

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Drug overuse in cattle imperils human health

KANSAS CITY, Mo. --
Two children seriously injured in the Joplin, Mo., tornado in May 2011 showed up at Children’s Mercy Hospital in Kansas City suffering from antibiotic-resistant infections from dirt and debris in their wounds.

Physicians tried different drugs, but at first nothing seemed to work.

Blame the overuse of antibiotics in livestock, according to the doctors familiar with their cases.

“These kids had some really highly resistant bacteria that they clearly had not picked up in a hospital,” said Jason Newland, director of the Children Mercy’s antibiotic stewardship program.

Newland and other doctors believe those infections are part of the price we are paying for a half-century of overusing antibiotics in cattle and other meat animals in the United States.

“If you look at tonnage, 80 percent of the total of all the antibiotics we use in the States is used in meat animals,” Newland said.

As in humans, bacteria growing inside animals that are given antibiotics can develop a resistance to the medicines, Newland explained. That resistant bacteria can then be transferred to the soil through animal waste.

During severe storms, such as the EF5 tornado which killed 161 people in Joplin, that contaminated soil can end up in open wounds, and even modern medicine is challenged in combating the serious infections that can occur.

“We are increasingly treating kids with antibiotic-resistant infections who were at the last antibiotic we could possibly use on them,” Newland said. “In the next 20 years, will we see antibiotics resistant to everything?”

A yearlong investigation by The Kansas City Star found a multimillion-dollar-a-year pharmaceutical arms race in the beef industry is not just about curing sick cows.

It’s also about fattening cattle cheaply and quickly, driven in part by efforts to maximize profits, according to food safety advocates. In fact, the same number of cattle today are producing twice as much meat as they did in the 1950s because of genetics, drugs and more efficient processing.

Despite decades of warnings, the federal government has failed to pass meaningful regulation of animal drug use, failed to adequately monitor the harmful residues they leave behind, and failed to stop the consumption of meat contaminated with such substances.

Consider:

•  Last year, an Arizona lab discovered a strain of antibiotic resistant MRSA in meat that can infect humans. MRSA is the potentially fatal staph infection that sometimes races through hospitals.

•  Mexico rejected contaminated meat that U.S. rules allow Americans to eat. A shipment of U.S. beef in 2008 contained high levels of copper, a byproduct of industry and antibiotics, which can damage kidneys. The U.S. Department of Agriculture, which hasn’t set allowable amounts of copper in meat, couldn’t stop it from distribution in the United States.

•  Until it tightened monitoring this year, the government couldn’t even stop the sale of meat containing arsenic, one of the residues found in cattle treated with antibiotics. High levels of the poison can cause vascular disease and hypertension in humans. Many U.S. veterinarians who specialize in treating cattle said in a recent survey that they were concerned about the overuse and improper use of antibiotics and other drugs. Some blamed salesmen intent on making more money. Based on sales data alone, the amount of drugs used in livestock is increasing, and beef samples are showing greater numbers of antibiotic-resistant pathogens.

Read More..

Kwanzaa kicks off 7-day celebration

For average yuletide festivities, this was a different kind of affirmation: “Help us to celebrate our African spirituality.”

At the African American Research Library and Cultural Center in Fort Lauderdale Wednesday afternoon, about 100 were celebrating the first day of Kwanzaa with drumming, libations and story telling.

And like many a celebration before, participants each brought a piece of fruit to mark the first day of Kwanzaa, which translates from Swahili to mean “first fruits of the harvest.’’

The week-long holiday was born out of the black nationalist movement in the 1960s and nurtured by African-American and Pan Africans, curious about the origins of the Diaspora. During the civil rights era, there became increased attention on black identity and African heritage.

The holiday became a way for African Americans to reconnect with lost history after the Trans-Atlantic slave trade.

“A lot of people didn’t have the chance to come with their books,” said Chipo Chemoyo of North Miami Beach, who has celebrated Kwanzaa for more than 20 years.

Continuing through Jan. 1, each day will herald one of the seven principals: Umoja (Unity); Kuji-chagulia (Self-determination), Ujima (Collective Work and Responsibility), Ujamaa (Cooperative Economics), Nia (Purpose), Kuumba (Creativity), and Imani (Faith) when translated from Swahili.

Among the participants at Umoja Wednesday was Geoffrey Philp, who just began celebrating the holiday three years ago. Philp read a story aimed at explaining slavery to children.

Philp credited his decision to mark Kwanzaa to a “deepening awareness of the necessity for African Americans to stick together.”

In its nearly 50-year history, Kwanzaa has spawned two U.S. postal stamps, and some praise its creation for more brown-faced toys in stores.

But by the late 1990s, the holiday, although still revered, became less popular as it competed against Hanukkah and Christmas for attention.

By 2004, only 1.6 percent of the population in the country said they planned to celebrate Kwanzaa, according to a poll from the National Retail Federation.

To that Chemoyo says, “Not everyone celebrates Hanukah; not everyone celebrates Christmas either,” she said. “Kwanzaa is not a competition.”

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Ex-President George H.W. Bush in ICU

Former President George H.W. Bush has been transferred to the intensive care unit at a Houston hospital as he continues to recover from a fever and a persistent cough.

A spokesman for the 88-year-old Bush told ET that the former president has been in the ICU of Methodist Hospital since Sunday.

RELATED: Jenna Bush Hager: I'm Pregnant

"Following a series of setbacks including a persistent fever, President Bush was admitted to the intensive care unit at Methodist Hospital on Sunday where he remains in guarded condition," spokesman Jim McGrath said. "Doctors at Methodist continue to be cautiously optimistic about the current course of treatment. The President is alert and conversing with medical staff, and is surrounded by family."

Bush -- who served as the nation's 41st president from 1989-1993 -- was initially hospitalized on November 23 with a bronchitis-like cough.

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