"Bad Faith" Claims Against Insurance Companies

One of the countless magazines, journals, newsletters, and assorted other periodicals I slog through on a regular basis is Fire & Arson Investigator, a quarterly journal published by the International Association of Arson Investigators. The current issue contains two pieces that I found interesting.

The first article concerns the severing of "bad faith" claims against insurance companies. The article, by the way, discusses the Canadian courts' handing of the matter, but, by and large, the same arguments apply on this side of the border.

Generally, a "bad faith" claim is included in a suit against an insurer when the plaintiff (usually the owner of the damaged or destroyed property) feels that the company acted in bad faith in denying a claim under an existing policy. Such claims have been raised against many insurers in the Gulf Coast region after Hurricane Katrina.

Author Havelock Madill, Q.C.*, asserts that an insurance company faced with a "bad faith" claim connected to a suit involving the loss of insured property may want to sever the bad faith claim from the rest of the suit for several reasons:

• "[The] severing of the insurance contractual claim for initial determination will result in a judgment for or against the insured. If the determination on the contractual claim is against the insured, then the action ends there and there is no need to consider the bad faith claim. On the other hand, if the determination of the contractual claim is favourable to the insured, then the insured will have a judgment for the amount payable under the policy, and what remains is a determination of whether it is also entitled to punitive or exemplary damages arising from the insurer’s conduct in respect to the handling of the contractual claim."
• "[The] possibility that the insurer may be required to waive legal privilege in order to defend itself with respect to the bad faith claim. If the insurer would not have been required to waive legal privilege over communications but for the existence of the bad faith claim, then the insurer will have been prejudiced by the bad faith claim being conjoined with the contractual claim."
• "[The] insurer’s legal counsel may be required to be a witness in the proceedings in respect to the bad faith claims. In such circumstances, the Professional Codes of Conduct in most, if not all, of the Canadian provinces would require that the legal counsel step down from their representation of the insurer. This, too, can be the primary purpose of the insured’s bad faith allegations."

I am far from being an attorney, especially a Canadian attorney, but there are some points I feel Madill overlooked.

Perhaps Canadian insurance companies are more honest in dealing with their customers, but here in the US, I think it's a foregone conclusion that insurance companies view income (premiums received) as their God-given right, and disbursements (claims paid) as an insufferable burden.

We have all seen, heard, or read of instances where insurance companies in the Gulf region denied claims arising from Hurricanes Katrina and Rita, claiming that the damage to the property was caused by floodwaters (not covered under a homeowners policy), despite clear evidence to the contrary (e.g., a roof blown off, or a tree through the house). We’ve seen medical insurers deny claims on the flimsiest of pretexts, often leaving a family with catastrophic medical expenses that they can’t possibly pay. We’ve seen adjustors for automobile insurance companies demand access for repeated inspections, and then using a simple missed appointment as a pretext for denying a claim.

Let’s look at Madill’s points in order.

"[The] severing of the insurance contractual claim for initial determination will result in a judgment for or against the insured. If the determination on the contractual claim is against the insured, then the action ends there and there is no need to consider the bad faith claim.”

Madill is absolutely correct in this assertion, and there is no valid reason I can think of for pursuing a bad faith claim under these circumstances.

“On the other hand, if the determination of the contractual claim is favourable to the insured, then the insured will have a judgment for the amount payable under the policy, and what remains is a determination of whether it is also entitled to punitive or exemplary damages arising from the insurer’s conduct in respect to the handling of the contractual claim."

This is also correct, but I believe Madill has glossed over the fact that a second action – for punitive or exemplary damages – also means additional costs for the plaintiff. Remember, the insurance company will almost invariably file an appeal to a judgment against its interests, leaving the plaintiff with no money and steadily rising legal bills (which the insurance company simply passes on to policyholders; the plaintiff doesn’t have that luxury). Also, depending on the nature of the original decision, the insurance company – if its actions have been particularly egregious – may see the writing on the wall and pressure the plaintiff to accept a settlement for a nominal amount, rather than risk a jury’s sympathy. Additionally, separating the claims enables the defense – the insurance company – to file additional requests for delays, dragging the case out until the plaintiff has no further resources with which to pursue his claim.

"[The] possibility that the insurer may be required to waive legal privilege in order to defend itself with respect to the bad faith claim.”

Madill explains, “the insurer will likely be required to di­vulge communications and/or work product in order to defend itself in respect to the allegations,” and that, “allegations allow the insured an opportu­nity to gain insight into the strengths and weaknesses of the insurer’s position by becoming privy to legal opinions and other communica­tions that would be protected from required disclosure in the defence of the contractual claim but are relevant to the bad faith claim, and therefore open to examination by the insured.” This means that the insurance company, in attempting to show it did not act in bad faith, would have to reveal materials it would not otherwise be forced to disclose. While Madill has a valid point, the fact remains that bad faith claims continue to be filed because the insurance companies continue to shaft their policyholders. If they did actually conduct all their business in good faith, no one would want to see the notes of private meetings.

“If the insurer would not have been required to waive legal privilege over communications but for the existence of the bad faith claim, then the insurer will have been prejudiced by the bad faith claim being conjoined with the contractual claim."

At the risk of sounding like Malkin or Coulter, well, boo-frickin-hoo. If the insurance industry treated policyholders with respect, honesty, courtesy, and dignity, it wouldn’t have to worry about juries being prejudiced against it. The sanctimonious bastards brought it upon themselves.

"[The] insurer’s legal counsel may be required to be a witness in the proceedings in respect to the bad faith claims. In such circumstances, the Professional Codes of Conduct in most, if not all, of the Canadian provinces would require that the legal counsel step down from their representation of the insurer. This, too, can be the primary purpose of the insured’s bad faith allegations."

The reason the lawyer would be called, of course, would be to testify that all proceedings were handled in good faith, in a prompt manner, in accordance with generally accepted professional standards. This would not happen, if the insurance companies didn’t have such a track record.

Again, boo-frickin-hoo.

Madill notes that courts in Eastern Canada have been less willing to grant requests for severance than have those in Western Canada, and that it is a “basic right” to have all issues in a case tried at the same time.

Madill makes another interesting comment:

There must then be a compelling case made that the delay that will be experienced if the subsequent issue(s) needs to be determined is justified and is more than off-set by the expenses that may be avoided if it develops that the subsequent issue(s) does not need to proceed.

Madill fails to mention that the delay and expense work in favor of the insurance companies:

• Most individuals will not be able to devote the time to a case that an insurance company can. The individual must arrange housing, or transportation, or medical care, or whatever it is the companies have refused to pay. If nothing else, the plaintiff must continue to work, to earn an income, to pay for the necessities of life, rather than spending months or years in a courtroom. Additionally, witnesses may die, move away, or their memories of the incident may fade. The incentive here is for the company to extend the process as long as possible.
• Insurance companies have attorneys on staff on a permanent basis; they do not have to pay hourly the way the plaintiff must. The insurance company attorneys get paid whether or not they’re working on a particular case. Plaintiff’s attorneys, on the other hand, even those working on a contingency basis, cannot afford to put in countless hours without compensation. The advantage falls to the insurance companies.
• Furthermore, the insurance companies know that if they can drag out the proceedings long enough, the plaintiff will eventually drop the action, either through bankruptcy or frustration at the snail’s pace of litigation.

So, while Madill has some very valid points, the most important factor has been ignored:

It is the long history of the insurance industry’s abuses of its policyholders that has led to the increasing number of bad faith claims.

It is not the “poor helpless little monolithic insurance company” against the “big, evil policyholder,” as the article would have you believe.


* Queen's Counsel, are lawyers appointed by letters patent to be one of "Her Majesty's Counsel learned in the law"; the position exists in various Commonwealth countries around the world. They do not constitute a separate order or degree of lawyers. They are, however, more than merely a professional rank, as their status is conferred by the Crown and recognised by the courts. In order to become one of Her Majesty's Counsel one generally has to serve as a barrister or a Scottish advocate for at least 10 years. [Source: Wikipedia]

A Crime Against Humanity

Via The Dark Wraith, I found a post by Peter of Lone Tree (one of the regulars at BlondeSense), linking to a Houston Chronicle story about a man taking his own life rather than vacating a home he had lost to foreclosure. The Wraith, with his inimitable flair, got right to the point of the matter:

Who here thinks - I mean, really, really believes - that any rich person, spitefully, blithely hateful to the working class, or pandering and blubbering to it, fundamentally has even a clue?

That fellow down there in Houston? He finally figured it out. When hope is gone, all that remains is the one thing almost no authority can prevent a person from having:

The right not to die on his knees.

The Wraith points out that the failure does not lie solely with the Republicans; Clinton, Obama, and Edwards are equally oblivious.

The Dark Wraith is, as usual, right.

I don't think it takes any great genius to recognize that politicians -- any and all politicians -- are completely insulated from the real world. When one has to be a millionaire to run for office, one winds up with office-holders who have a millionaire's outlook on life. And while most of them may not come right out and say it, I think their general feeling is, "I did it, so can you. And if you can't, you're a loser."

skippy Awareness Week

Via skippy, I see it is officially "skippy the bush kangaroo awareness week."

This has been designated by The Center for Sticking Up for Non-A List Bloggers. As a C-lister myself (at least, as of the other day), it is the official position of 618Rants that you should go say HI to skippy.

The Fascism Is Coming Out In The Open...

The September 2007 issue of Homeland Defense Journal includes an article by “Prof. Dr. John L. Clarke”, a Professor of Leadership, Management and Defense Planning College of International and Security Studies at the George C. Marshall Center. As soon as I saw him listed as “Professor Doctor,” I was wary – this “stacking” of titles is prevalent in authoritarian societies such as Nazi Germany and the old Soviet Union.

Clarke writes:

In addition, an unknown number – at least to the public – of attacks have been prevented, through the undeniable disruption of terrorist networks and through increased security measures. Of perhaps even greater importance, high-quality intelligence work has resulted in the prevention and, indeed, preemption, of a number of potential attacks.

Of course, these successes have come at some price to the individual liberties treasured on both sides of the Atlantic. But it should be noted that the public, thus far, has been very accepting of the additional burdens placed on their societies. It seems fair to say that the balance between liberty and security has become more stable in recent years. But the fact remains that the greatest threat to those freedoms is the next terrorist attack. If that attack involves large numbers of casualties, or the use of WMD, then the public will demand, and governments will supply, security measures which may have a significant impact on liberty.

That said, much remains to be done…. [Emphasis added]

“Professor Doctor” Clarke – or should it be “Herr Professor Doktor”? – has taken his talking points straight from the bush/Cheney cabal:

• “… [An] unknown number… of attacks have been prevented….” One of the primary “justifications” for administration secrecy is the “war on terror”, accompanied by claims – never documented – of tremendous strides in combating the evildoers. We are supposed to take the busheviks at their word that they are providing a suitable level of protection for Americans, a claim that may be debunked simply by looking at New Orleans.
• “ [U]ndeniable disruption of terrorist networks…” Again, we are supposed to believe the men who said our soldiers would be greeted with flowers, and that the war would last three to six months. There have been no trials (other than Richard Reid) of those terrorists whose attacks have allegedly been prevented, and obviously, no convictions.
• “[P]revention and preemption of attacks…” Another “fact” offered without any semblance of proof. If this administration had in fact prevented or preempted an attack, they would have been screaming it from the treetops. And claiming the need for “confidentiality to protect sources and methods” won’t wash, folks… remember, this is the same bunch that outed a covert CIA operative in retaliation for her husband’s criticism of the bushevik’s claims.
• “[T]he public has been very accepting….” This is said almost as if we had any say in the matter. The administration has made it abundantly clear that they, and only they, have any discretion in granting or limiting freedoms. And since individual freedom is anathema to this Fascist regime, our freedoms are becoming more and more limited.
• “[T]he public will demand, and governments will supply, security measures…” This is, of course, one of the main “points” repeated advanced by the busheviks – that if we do not surrender our liberty now, the “terrists” will have won.

To me, however, the most terrifying part is where Herr Professor Doktor Clarke says, “That said, much remains to be done.” In using this phrase – “that said” – Clarke reveals his arrogance and disdain for the freedoms he professes to support. “That said” is simply a polite way of saying, “Now that I’ve covered the politically correct bullshit, here is what we really need.” Don’t believe me? Listen carefully the next time you hear that phrase… I can guarantee you that whatever follows will effective negate whatever preceded it.

Clarke then lays out ‘what we really need’: “…a ministry of the interior, a domestic intelligence service and a national police force.” [page 24]. In mentioning a “ministry of the interior,” Clarke does not mean reconstituting the existing Department of the Interior, responsible for national parks, environmental issues, and the like. No, what Clarke wants is a “ministry” similar to those found in authoritarian states like the Soviet Union, mainland China, and North Korea, a ministry that inevitably houses a secret police or political police organization.

Additionally, the United States already possesses a “domestic intelligence service”; it’s called the Federal Bureau of Investigation. The FBI has been tasked with domestic counterintelligence responsibilities since at least the 1940’s. Clarke’s objection to the FBI seems to lie in that agency’s commitment (even these days) to individual rights. Clarke also glosses over the fact that, in the free European nations, the national counterintelligence agencies do not have law enforcement powers; Britain’s intelligence agencies, such as MI-5, must request assistance from local police agencies or Scotland Yard to make arrests. It is the authoritarian nations – China, the Soviet Union, and North Korea – where the counterintelligence agencies have full police powers.

We also have a “national police force” that manages to function within the confines of the Constitution, the United States Marshal Service; other Federal agencies have law enforcement responsibilities within the scope of their respective duties. Obviously, the “national police force” that Clarke envisions would be based on the KGB, “the sword and shield of the party.”

Clarke also says:

Moreover, given the potential for catastrophic terrorism, every effort must be made to prevent and preempt terrorist attacks before they occur – even if this means the employment of armed force…. [page 24]

Again, Clarke is parroting the bushevik line – you must give us unlimited power to battle the terrorists. While I am in full agreement with the necessity of preventing and preempting terrorist activity, I do not agree that unfettered power for the government is the way to achieve that goal. The administration has already shown its willingness to use military force in the pursuit of its goals… regardless of the actual necessity of using that force. Giving government the green light to wage unprovoked, aggressive warfare, against “enemies” who have not been conclusively proven to pose a threat to the national security, is one more step down the slippery slope to fascism.

We have already seen many examples of the creeping fascism of the current administration: the virtual abolition of habeus corpus, simply by declaring someone an “enemy combatant;” the revocation of Fourth Amendment protections against unreasonable searches and seizures through the use of “national security letters;” the limitations on freedom of speech and assembly (bush’s so-called ‘free-speech’ zones, where protestors are kept far away from Dear Leader). Telecommunications companies have been co-opted by the government, ordered to release confidential business records, with no notice to the citizens involved, and no accountability for the companies. In fact, they have recently been granted retroactive immunity for their trespasses.

“Big Brother” has demanded unparalleled powers in the “war on terror,” powers which have been granted by politicians and others desperate to be on the “inside,” to be close to the seat of power. This uninhibited raping of the Constitution has been carefully overlooked by those in power, leaving those of us on the outside – the poor, the weak – to raise the alarm. Those who can act to protect our Constitution, refuse to do so.

The Framers of the Constitution were well aware of the perils of a unitary executive; they had fled England for that very reason. The three branches of government were carefully crafted to prevent such abuses of power in this new nation. Unfortunately, the legislative branch – the Senate and the House of Representatives – have proven incapable of pushing back against the administration, while the judicial branch – the Supreme Court – has been a wholly-owned subsidiary of the Republican Party since the days of George H. W. Bush (remember, Junior “won” the presidency in 2000 by a single vote, thereby negating the power of the polls). With the two “competing” branches completely enthralled by the Executive, there is no effective means of stopping the busheviks. Civil disobedience obviously would serve no useful purpose, in that we have witnessed “legal” authorities trampling the rights of individuals to protect those in power.

The lack of a common perception of the threat across the Atlantic represents the biggest problem in transatlantic homeland security. Alliances are predicated on a shared sense of risk. Will the terrorists succeed where the Soviet Union failed, in convincing Europeans and Americans to abandon their solidarity and seek that separate peace? Therein lies the greatest danger of all.

Given the fascist tone of the rest of Clarke’s article, this final paragraph is especially chilling. Not content with the unitary executive power currently wielded by bush, Cheney, and the rest, Clarke apparently wants to expand their power to global hegemony. By rattling the saber of the Soviet Union – a nation that effectively ceased to exist more than twenty years ago – Clarke is using the old concept of the “Godless Russky commies” to instill fear in the hearts and minds of Americans, in an effort to force us to surrender those freedoms held nearest and dearest, in the interest of “national security.”

No, Herr Professor Doktor Clarke, that is the greatest danger of all.

Ode to Casey and Clyde

I would like all of you to meet Casey and Clyde; it has been my honor to spend the past 14 years as their Auntie. Casey and Clyde have always been an old married couple, spending hours snuggling and spooning each other. Casey, the saucy calico, was the queen of everything (and she had no qualms about letting everyone know it). Clyde was for most of his life the shy quiet gentleman, I was one of the first people other than his mom that he allowed to get close to him.

We lost Casey a couple of years ago, and now we are preparing to part with our sweet Clyde, he hasn’t been doing very well lately, and then developed a growth on his paw that has been ruled cancerous. With the various health issues and the pain he has been in, his mom has decided that the time has come for him to join his love Casey.


I spoke with him for the last time Wednesday night that has always been one of our special things. You see after his mom moved to Boston, he instinctively knew when I was on the phone and he would climb up on her shoulder and start head butting her till she would either drop the phone or she would put it down for him to talk to me, I would talk, he would mew and purr, roll around on the phone and even push the numbers. I always felt his love and affection pop thru the line.

I know that at one time or another we have all had a pet in out lives be it ours or someone else’s that we have felt that special connection to and have had to say good-bye. To honor all of the pets we have lost I will ask that at 2 p.m. EST you take a moment to think of them and say a little prayer for Clyde as this Sweetest Day he peacefully joins his sweetie Casey for eternity.

“I shall not look upon his like again.”

~William Shakespeare

NOTE: The above was written by the lovely yet talented Mrs 618. I can only add that they -- like all beloved pets -- are crossing the Rainbow Bridge and will be there to greet us when our time comes. And unlike the last time we see them in this dreary life, when we meet again, they -- like us -- will be young and healthy and energetic.

Just this side of heaven is a place called Rainbow Bridge.

When an animal dies that has been especially close to someone here, that pet goes to Rainbow Bridge. There are meadows and hills for all of our special friends so they can run and play together. There is plenty of food, water and sunshine, and our friends are warm and comfortable.

All the animals who had been ill and old are restored to health and vigor. Those who were hurt or maimed are made whole and strong again, just as we remember them in our dreams of days and times gone by. The animals are happy and content, except for one small thing; they each miss someone very special to them, who had to be left behind.

They all run and play together, but the day comes when one suddenly stops and looks into the distance. His bright eyes are intent. His eager body quivers. Suddenly he begins to run from the group, flying over the green grass, his legs carrying him faster and faster.

You have been spotted, and when you and your special friend finally meet, you cling together in joyous reunion, never to be parted again. The happy kisses rain upon your face; your hands again caress the beloved head, and you look once more into the trusting eyes of your pet, so long gone from your life but never absent from your heart.

Then you cross Rainbow Bridge together....

(Author unknown...)

TSA Laptops Stolen... Along With Hazmat Driver Info

Transportation SECURITY Administration, which is part of the Department of Homeland SECURITY…

"TSA Laptops With Hazmat Driver Info Stolen"
Dark Reading (10/16/07) ; Higgins, Kelly Jackson

The Transportation Security Administration has experienced a security breach involving stolen laptops from a TSA contractor containing sensitive information about hazardous material commercial drivers. Two laptops, belonging to Integrated Biometric Technology, contained Social Security numbers, driver's license numbers, and names of about 4,000 hazmat drivers. Information regarding the presence of drivers' personal data was obfuscated by two separate accounts from TSA, first stating they had erased all sensitive information on one laptop, then confessing the data was still present on both laptops. Although the TSA ordered all contractor information to be encrypted following the breach, Paul Kocher of Cryptography Research says the agency enacted "basic measures" only after a disaster occurred. A previous incident involving a missing external storage device left 100,000 TSA employees' bank accounts, payroll information, and Social Security numbers exposed. Security experts say they would not be surprised by terrorists attempting to attack the agency because of their failure to adhere to security best practices, such as deleting or encrypting sensitive data. Integrated Biometric Technology will provide those exposed by the breach with one year of free credit-report monitoring. [Emphasis added]

Now, what part of SECURITY do these MO-rons not understand?

Yup, makes me REAL confident in their ability to safeguard our security.

Update: Urban Paramedic

On Friday, I mentioned a blog that "ya really oughta read", written by TS under the pseudonym Urban Paramedic".

My timing is truly fantastic.

Monday, TS announced he would be leaving shortly to join the Army, specifically the Judge Advocate general's corps. he heads off to Virginia in february, but till then, he's got veriotable pooploads of things to put together.

Stop by his place and wish him well.

Another One You Should Read

While doing some research on the Winecoff Hotel Fire, I ran across a link to a blog written by a deaf firefighter. It is well worth stopping by.

Two Ya REALLY Oughta Read

I don't remember quite how I found this blog, but you really ought to check it out. It's called "other people's emergencies: random thoughts of an urban paramedic"[sic]. Written by a paramedic in Boston, it's real insider's look at the wonderful world of Emergency Medical Services.

I blogrolled TS last week, but I should have done a post about him(?) as well.

For the people like Blue Girl, and the others who have experience in emergency services, it'll be a look at how another agency does things. For those whose knowledge is limited to "Emergency!", "ER", and the like, it'll be an eye-opener.

Also, Kiko at (not surprisingly) Kiko's Place has some wonderful pet and wildlife pictures. I still have to dig through her archives, but from what I've seen so far, she's as much of a cat fancier as the lovely yet talented Mrs 618. I'll be blogrolling Kiko as soon as I can.

Kitty collar questions

Hi! Mrs. 618 here.Question for any of you cat owners, have any of you had problems with break-a-way collars. I had one on my last cat Jenna but she almost choked herself with it. While on vacation same thing happened to Joey while he was with my mom. He wiggled it forward, got it stuck in his mouth, panicked and started choking. My mom had to cut it off of him as it never broke away as it was to suppose to. I have been told by vets as well as other animal professionals that these were suppose to be wonderful, but my guys either wiggle or chew out of them and have never had a single problem with the old traditional collars. So please send me your comments and experiences, I want to keep the boys safe but not at the constant cost of these problems. Baily and Joey thank you for helping me make an informed decision.
Also a couple of after thoughts...

• To you young men in Nova Scotia for taking you stance an promoting a positive change you really rock!!!!! Good luck with all your endeavors.
• To Whoopi, Thanks for still provoking thought not just politics.You ladies keep me laughing and sane
• My wall of Shame goes to...
• All you educators out there who are telling the little tykes(4-6 years old) that a pat on the back, or hugs that they are guilty of inappropriate touching. When, where and most of all WHY where are you teaching them to show no compassion to others, 15-20 years of this and as the song says "What a Wonderful World it Will Be" (more hate , more violence, No tolerance will seep from one area of our youth to another and if we can't be bothered to talk to them from early ages on the difference between good touch and bad touch as well as age appropriate touches how the hell do we discuss real sexual violence and assault, anger management, racism and the bulling, how will our children ever be taught to trust, love and to follow the heart. They learn from their parents, teachers, nannies and all those who care for them. I personally feel we are morally obligated to let them see thing not just in black and white but that gray does exist. That it is not our place to pass judgement on others for what they believe but use respect, common sense and listen to all points of view. It is the only way they will learn to form their own opinion
• Maybe we all need to take away the valuable lessons of our youth in Nova Scotia's Pink Peninsula, and let some of this trickle down the eastern sea board.

Zero Tolerance Raises Its Ugly Head Again

I just saw on TV that two children -- aged 12 and 13 -- were charged with sexual assault under a school board "zero tolerance" policy. A while back, I quoted Randy Cassingham (publisher of This Is True), whose essay on zero tolerance included this:

Again, as I've explained on http://www.thisistrue.com/zt.html -- my still-needs-to-be-updated ZT page -- I'm NOT advocating tolerance for REAL transgressions. Kids who actually sexually harass other students (and you can be sure that does happen) SHOULD get real punishment. But a 4-year-old pressing his head on an aide's boobies during a hug IS NOT sexual harassment, and how does anyone think it's OK to punish such a young child for that? And there are plenty of other outrageous examples on my ZT page -- and in TRUE's archives. This MUST stop; we're destroying our children -- the next generation of teachers, cops, and judges.

This case involved two boys swatting girls' bottoms during "flat-butt day"... the boys and girls swatting each other. Obviously, to the brain-dead MO-rons in the principle's office, this was outrageous conduct, so the boys were arrested.

Arrested. As in handcuffs, Miranda rights, the whole nine yards.

And six months later, when the case finally went to court -- courtesy of an over-zealous prosecutor -- the judge was presented with affidavits from every one of the girls -- every one of them -- leading the judge to dismiss the charges.

This is truly stupid.

Cassingham has a ton of other ZT horror stories at the link above. Go read them, and call your school board.

$5.5 Million Award in McDonald's Strip Search Suit

A little more than a year ago, I recounted the tale of a strip search at a McDonald's restaurant. Today, in a separate case, Louise Ogborn, formerly employed at the McDonald's in Mt Washington, Kentucky, was awarded $5.5 million, as a result of another McDonalds strip search.

This case involved a person on the phone claiming to be a police officer; the caller accused Louise of theft and directed the assistant manager to conduct a progressively more intrusive strip search... despite a history of similar fraudulent calls against the chain. The assistant manager complied, even to the extent of leaving the hysterical 17-year-old naked with her (the manager's) fiance. The fiance, acting at the "cop's" behest, forced the girl to perform oral sex on him.

Louise sued for $200 million.

Despicably, McDonald's defense counsel and experts tried some truly hateful tactics: saying Louise had gained from the experience (something they called "traumatic growth"), claiming that she had brought much of the stress on herself by going to the press, etc.

The jury awarded Louise $5.5 million -- not the $200 million requested in the suit, but considerably more than the previous record award - $239,000. [Update: that's the record for the county in which the trial took place; Louise's lawyer was quite pleased.]

Last year, I made this comment

If I were the chairman of McDonald's, I would make damned sure that every corporate employee, every franchisee, and every franchisee's employee was made aware of this scam. It produces bad publicity for the company (and the franchisee), plus McDonald's will eventually run into a judge who'll say something along the lines of, "this has happened x number of times, and you're still claiming you know nothing about it? I don't think so."

Okay, in this case, it wasn't the judge, it was the jury who said, "Uh-uh, no way."

Louise says she'll use the money to pay for law school.

Somehow, I don't think she'll be doing a whole lot of corporate defense work.

Pet Blogging

Here's Bailey, the "feral" cat.

Yeah, feral.

My ass, he's feral. My son's bichon frise has more feral street cred.

And I found out who added Garfield to my "Yahoo" page.

I thought that looked like Joey's hair on the keyboard...

Couple More Quickies...

... that I forgot earlier.



As a safety and security professional, I subscribe to an almost obscene number of print and on-line publications. One -- from the Dept of Homeland Security -- had a little glitch day before yesterday: hitting "reply" sent your message to all the thousands of subscribers (brought about by someone replying to change an email address). So, instead of simply receiving the day's mailing, we also received several hundred replies, ranging from introductions ("I like chardonnay and roasted duck") to job searching. It was heartening to see that some security professionals have a healthy sense of humor. It was disheartening to see, however, that some of my professional peers are humorless (and, in some cases, oblivious - "stop hitting reply and this'll stop".... umm, dude, that includes you). Today, exactly the same thing happened to another mail list, this one from the State Department.



Nice to see the government can't even control their own mail lists. Makes you wonder how in hell they expect us to trust them to run a war. So much for the Global War on Terra®.

NBC Nightly News just ran a story about two high school kids in Cambridge, Nova Scotia, who took a stand against bullying by wearing pink shirts. Their "movement" has now spread across Nova Scotia.

Mr and Mrs 618 say:

GOOD FOR YOU!

More a little later.

Quickies...

... and not the kind ole Senator Craig was looking for...

I was watching Cops a couple of nights ago, and was treated to a Palm Beach County deputy pointing out that the best thing about law enforcement was that he wasn't in a cube, sucking up the air conditioning, enjoying looking at a monitor. Instead, from what I could see, he was sitting in a Ford Crown Vic -- smaller than the average cube -- sucking up the air conditioning, and enjoying his mobile data terminal.

Next week is Fire Prevention Week. Go check the linked site, and make sure you Practice Your Escape Plan. You do have an escape plan, don't you?

October is also Crime Prevention Month. This site has a ton of useful stuff to help keep you safe.

Mr Conservatard has apparently been sent for deprogramming. We hope all is well with him...


Someone asked me a few days ago why I had not done a Fire History post on the Hartford Circus Fire, which occurred on July 6, 1944. The fire claimed 167 lives, including the famous "Little Miss 1565." The reason I didn't write something up was that it hits a little closer to home than the other major disasters I've written about. But -- since someone asked -- there will be a belated post about the fire within a day or two.


The Grand Old Perverts have released the logo for their annual convention, to be held in the Senator Craig Memorial Stall at Minneapolis Airport:

The lovely yet talented Dark Wraith has, not surprisingly, modified it slightly, to better reflect the rethuglican's true nature:

Various other bloggers have also taken potshots at it, including one -- and I can't remember whom -- pointed out the prison stripes, wide stance, starry eyes, and preparation to screw America yet again.

Anyway, more in a bit. For some reason, my rassafrassin' boss expects me to actually do some work!

The Day After: Responding to a Nuclear Attack

Most of us have either seen or read Tom Clancy’s The Sum of All Fears, in which a group of middle-Eastern terrorists construct a nuclear weapon (using material salvaged from an Israeli device), smuggle it into the United States, and detonate it during the Super Bowl. [Not that the book and movie are the same, by any means: in the book, Jack Ryan is in his late 30’s or early 40’s; in the movie, Ryan is still a college student, required because someone thought it critical to cast Ben Affleck in the role.]

Older readers may remember the made-for-TV movie The Day After. The 1983 production described the aftermath of a nuclear strike on Lawrence, Kansas, which was notable for being completely commercial-free after the detonations.

Of course, these weren’t the only movies made about nuclear holocausts – On The Beach, By Dawn’s Early Light, Fail Safe, and Doctor Strangelove, among others, kept Americans constantly aware of the horrors of nuclear war (not to mention still-vivid images of the destruction of Hiroshima and Nagasaki).

Novelists got into the act as well: in addition to Clancy, Robin Moore (who wrote The Green Berets and The French Connection) penned a story about some home-grown terrorists detonating a nuke during the State of the Union Address, in his book The Trinity Implosion. A number of senior NATO officers collaborated on two volumes, The Third World War, and The Third World War: The Untold Story while noted writers Whitley Streiber and James Kunetka created Warday.

While this may be a fascinating history lesson, I can hear you asking, “What does this have to do with the real world?”

A few days ago, I ran across an interesting article in The Washington Quarterly, entitled “The Day After: Action Following a Nuclear Blast in a U.S. City.” Unlike the works mentioned above, this piece is non-fiction. William J. Perry and Ashton B. Carter (Clinton’s Secretary and Assistant Secretary of Defense, respectively) and Michael M. May (former director of Lawrence Livermore National Lab) approach the topic from a disaster-preparedness point of view: “What will the United States actually do on the day after prevention fails?” [Remember, to crisis-management types, a disaster is always a “when” proposition, not “if”].

In a similar vein to the Chatham House report we looked at back in March, Carter, May and Perry examine the decisions and actions required after a nuclear attack. Pointing out that such an attack would be “the most catastrophic single event in the nation’s history and the worst possible failure of public policy,” the authors set a likely scenario – the detonation of a 10KT device in a major city – discuss the “grisly effects,” and posit some possible reactions.

In doing so, however, they emphasize a major flaw in our nation’s preparedness posture: the fiction that state and local governments will be able to manage such a crisis by themselves. In fact, after a nuclear detonation, state and local government – if they survive at all – would be almost immediately overwhelmed, requiring prompt Federal intervention, without awaiting the formality of a request from the governor(s) of the affected state(s).

The Department of Homeland Security has mandated that all state and local governmental units prepare “all-hazards disaster mitigation plans” complying with the National Response Plan and the National Incident Management System; there is not, however, a functional equivalent plan (yet) on the national level.

One might think, given the distinct possibility of a nuclear attack on a U.S. city, that the federal government would have already developed a realistic response plan specific to this scenario that marshals the resources of all the agencies. Remarkably, such a plan does not yet exist, although one is being drafted.

Of course, given the marginal grades earned by DHS in various GAO audits, any plan developed is liable to be fraught with errors, omissions, and ambiguities (see, for instance, my November 30, 2006, post here). And given the current administration’s efforts to completely politicize all aspects of the Federal government, one probably should not anticipate any great improvement.

One aspect of any eventual response that is not discussed, however, is the need for hundreds or thousands of trained responders. Many of these responders, of course, come from the National Guard and Reserve units – most of which are stretched to the breaking point, courtesy of the Iraq folly undertaken by the Cheney/bush administration.

Carter, May and Perry point out that “the prob­ability of nuclear terrorism, although it cannot be quantified, is not zero and is surely increasing as the number of sources of fissile material multiplies.” While a terrorist group could conceivably obtain either a full device or fissile material from a middle-Eastern government, it is unlikely that such a group would store the device on a battlefield. More plausibly, as the authors note, a group like al-Qaeda could purchase a device (or material) from a rogue nation like North Korea. Either way, a terrorist group’s first priority would be to get the weapon into the United States.

It is imperative, therefore, that we bring our troops home as rapidly as possible and make them available for response here in the U.S. They must be trained and equipped for the tasks expected of them – something about which the Department of Defense has been singularly lax; we can and simply must have “the military you would like to have.”

The Department of Homeland Security must be completely revamped, with proven professionals, not political cronies, in positions of authority. Funding must be provided, without being diverted to no-bid (and often, no-show) contracts for chosen corporations.

And last, but not least, we, as Americans, must begin accepting the need to prepare ourselves: we must obtain the training and supplies needed to survive on our own pending a government response, we must develop and practice emergency plans at home and at work, and most importantly, we must hold our elected officials responsible for serving us, not special interests.

[Cross-posted to Out of Iraq and Watching Those We Chose]

This Date in Fire History: Sept 8

September 8th marks the 73rd anniversary of the loss of the S.S. Morro Castle, which caught fire en route to Havana, Cuba.

I was going to write a fairly long piece about the disaster, but during my research, I came across this piece -- written by the granddaughter of the woman who christened the ship, and the great-granddaughter of the head of Ward Lines -- at NakedAuthors.com. Cornelia's article is written with the depth of knowledge that can only come from family histories.

Go read it.

Dogemperor on Dominionism

DailyKos diarist Dogemperor, whom I have cited several times in the past, has a new series up on Dominionists and their "parallel economy."

Dominionism is a movement through which conservative Christians are attempting to influence and control the government, resulting in a nation under a fundamentalist Christian theocratic regime. Dominionists include such well-known folks as Richard DeVos (AmWay founder and former Michigan gubernatorial candidate), former Attorney General John Ashcroft, Tom Monaghan (founder of Domino's Pizza and the ultra-conservative Ave Maria School of Law, now creating a fundamentalist community in Florida), and Truett Cathy (head of restaurant chain Chick-Fil-A, which distributes Focus on the Family materials in their kids' meals). Other corporations under the Dominionist umbrella include Hobby Lobby, Paxson Communications (PaxTV) and US Plastics.

Dogemperor's current series examines each aspect of the Dominionists economy in detail, including a sobering look at "Christian Yellow Pages", Dominionist business directories which allow the fundamentalist Christians to deal only with those of like mind; corporate sponsors of Dominionism; Dominionist health care systems (the vast majority of which have no valid certifications in their respective fields); and Dominionist social services , again with no valid certification process.

To me, the scariest part is the social and medical aspects. Dominionists often practice what could be termed "spiritual abuse" or "religious abuse", including exorcisms, ritual child abuse, and "deliverance ministry." Of course, as ultra-conservative fundies, they also believe that sexual orientation is freely chosen (and hence, someone can be "de-gayed"). One of the most notorious "behavior modification" -- e.g., degaying -- groups, Staright, Inc., has particularly close ties to two Southern states... Florida and Texas. As Dogemperor points out:

Florida has a particularly infamous history here; the state actually has certified an alternate accreditation board for "faith-based" groups, and its head of Department of Children and Families and Department of Human Services heads are both former Straight, Inc. leaders.

It furthermore doesn't help when one of the main people partnering with the President on "faith-based issues" is the former head of Straight, Inc. himself. (Of note, Sembler and Bush set up an agency similar to Florida's FACCCA as an alternative licensing board for faith-based "behaviour mod" facilities; after five years of multiple incidents of abuse at these facilities exempted from licensing (including a facility where two attempted escapees were forced into a pit in a manner more resembling something out of Gitmo than a rehab facility) Texas finally discontinued the program--but not before people were forced into "faith-based coercion". George W. Bush has since attempted to use the failed Texas model as a nationwide model for "faith-based services".

Dogemperor points out that, because these abusive tactics are explicitly approved by the Dominionist community, "medical" and "social services" may not report child abuse to other authorities, leaving abused children in Dominionist families with no recourse, and no safety.

Dogemperor also looks at the influence these people have on one george w. bush. Ashcroft, of course, had considerable influence on the idiot king, but Dominionist organizations have also been integral parts of CommanderGuy's base: Coalition for National Policy, Focus on the Family, Traditional Values Coalition, Foundation for Traditional Values, Campus Crusade for Christ, Prison Fellowship Ministries, Gospel Communications, Salem Communications, Assemblies of God, Pine Rest Christian Mental Health Services (a dominionist-run "mental health" facility), and Coral Ridge Ministries.

This sobering series -- and all of Dogemperor's work -- should be carefully studied by those who fear the direction in which the fundies are dragging us.

Skeletor and Homeland (In)Security

The Chicago Tribune had an article the other day on Skeletor's warnings of new al-Qaeda attacks against the US.

"I believe we are entering a period this summer of increased risk," Chertoff told the Chicago Tribune's editorial board in an unusually blunt and frank assessment of America's terror threat level. [snip] And he indicated that his remarks were based on "a gut feeling" formed by past seasonal patterns of terrorist attacks, recent al-Qaeda statements, and intelligence he did not disclose.

First of all, believing that the bush cabal has any understanding whatsoever of "intelligence" gives them much more credit than they deserve.

There have been reports already that suggest intelligence warnings at a similar level to the summer before Sept. 11, 2001 and that al-Qaeda may be mobilizing.

Oh, goody. Now the busheviks can ignore the upcoming PDB, "bin Laden Vows To "Do It Again," just as they ignored the first one.

"What do you think is going to happen to your business when a guy comes across the border with a phony document and blows up a target in Buffalo or Detroit?" he asked. "Do you think the American public is then going to allow the border to remain open?"

As opposed to when nineteen guys came across the border and blew up the WTC? Oh, right, those guys were all Saudis, and hence friends of Bandar Bush and dumbya. Besides, what the hell kind of terrist targets are they going to find in Detroit or Buffalo?!? They going to blow up the Joe Louis Arena? The Cheektowaga Wal-Mart?

"We have done a lot to degrade the enemy's capability," he said. "But the enemy has also done a lot to retool its capability...It leads me to feel we ought to be more vigilant."

These MO-rons couldn't be vigilant about anything (except stealing elections) if their very lives depended on it.

And to drive the point home, even the Christian Science Monitor thinks it's silly:

Beat That (Sirius) Dog!

Corpus Juris, who is one of the many talented bloggers at Watching Those We Chose, has a post up on Sirius radio, describing Rick Perlstein's interview on Sirius, and the fact that their political channels are called "Sirius Patriot" and "Sirius Left"; Patriot is described (by Sirius) thusly:

Coast-to-coast conservative -- SIRIUS Patriot celebrates the red, white and blue with patriotic conservatives who aren’t afraid to tell you what they think.

... while "Left" has this description:

Liberal talk radio at SIRIUS. Liberal radio with entertaining hosts only on SIRIUS.

CJ makes the point abundantly clear:

They might as well have said that only manly men are tough enough to listen to SIRIUS PATRIOT, but SIRIUS LEFT is carefully designed for latte drinking sissies.

CJ and others -- including KagroX at the Great Orange Satan (Kos) and Blue Girl -- urge readers to let Sirius Radio know what they think of Sirius' dissing us.

Here's my letter.

Dear Ms. Schupf:

I had been considering Sirius Radio, both for my three vehicles, and for two owned by my parents. I HAD been. After reading about Rick Perlstein's interview on Mike Feder's program, with its clear implication that Sirius believes liberals are not patriotic, and its emphasis on "patriotic conservatives" versus "entertaining [liberal] hosts", I changed my mind.

Liberals are, in many ways, MORE patriotic than the flag-waving conservatives and neocons, who cower at home sporting "support Our Troops" stickers on their SUV's. For instance, we think that providing our troops with the training, equipment, armor, medical treatments and time off they need is more supportive than some silly sticker.

We insist on doing our own thinking, instead of letting the administration think for us. We approach life with an open mind. We are willing to consider the other side of an argument, without lapsing immediately into hysterical shrieking of "the 'terrists' will win", "you hate 'Murka" and "you hate the sweet baby Jesus." We do not believe that gay marriage, abortion, or gun control will destroy the very fabric of our society. We do not cry piously about the morality of others while we ourselves visit prostitutes who dress us up in diapers. Nor, for that matter, do we smoke meth while patronizing gay male prostitutes.

If behaviors like those are what Sirius considers "patriotic", I see no need to purchase your products or services, and I will urge those I know to do the same (note I said "urge", not demand, as your "patriot" buddies would).

As the blogger Corpus Juris put it at Watching Those We Chose:

They might as well have said that only manly men are tough enough to listen to SIRIUS PATRIOT, but SIRIUS LEFT is carefully designed for latte drinking sissies.

Since I am neither an oil billionaire nor a war profiteer -- I work for my money -- I think I'll go with another provider.

Obviously, the only other realistic alternative to Sirius is XM Satellite. Just to sweeten the pot, XM has a dedicated emergency channel -- XM 247 -- that is available 24-7 (hence the channel number) to provide emergency information in a disaster.

Been A While....

As my "Cat'lic" friends in the old hometown of NYC might say, "Bless me, fadda, for I have sinned. It's been six weeks since my last post."


Since I'm like CommanderGuy in that things are never, ever my fault, I can only throw myself on the mercy of my readers, with an explanation. It's been quite busy at work (which, from the bosses' point of view, is A Good Thing), plus I'm trying to get another business off the ground, plus we're still stuck with dial-up at the spacious yet luxurious 618Rants Galactic Headquarters.


Obviously, time to play some catch-up.


Part I - Pet Blogging... or, the Ministry of Homeland Security strikes again


Most important things first. As previously noted, the Ministry of Homeland Security strictly enforces the Federal Pet Blogging and Associated Silliness Act of 2002. I just received a threat-o-gram from them, pointing out that my last pet blogging occurred on January 14. They... implied... that I'd better get my poop in a group before they disappear me to Club Fed - Gitmo.


Emily, our Lab, has a slight problem. She has a severe case of OCD -- Obsessive-Compulsive Disorder -- about chasing her tennis ball. She'd be out there 24-7 if she could. We found a gadget called a Chuck-It, which launches a ball further than my tired old arm ever could. Anywho, she's coming back from about her 83rd full-speed dash into the back yard, when Joey pounced on her. Yup, that big mean 12-pound catbeast terrorized my poor little 65-pound dog.

Joey, in a typical "Dreaded Wild Kitty of Borneo" pose

Speaking of Joey (the cat), he's pissed at me because Mr Bailey (a local feral cat) decided to de-feralize himself and moved in with us. Bailer, as he's not so affectionately known, thinks he's maintaining his feral street cred by only snuggling with Mommy when I'm not around. But Mommy finks him out. Bailster sneaks into the house underneath Emily, jumps on the bed, grabs the wife's hand in all four paws, curls around the hand like a lobster, and purrs contentedly for 3-4 hours of belly-skritching.

Mr. Bailey, on the porch, expressing his disdain for becoming a house-cat

Politics and Other Less-Fun Stuff

The always-talented, always informative Red Girl, Blue State has a whole slew of posts up, all of which are worth reading. Topics range from Sirius Radio (which I had thought about getting till I read this), and the hypocritical mouth-breathin', Bible-thumpin', hooker-humpin', sister-marryin', rifle-rack-in-the-pickmup neocon wingnut idjits, to CommanderGuy and a pat on the back for a handful of Rethugs (Hagel, Coleman, Sununu, Smith, Warner, Collins and Snowe for voting for Webb's amendment to the Defense Authorizations Bill, and Bond for voting to suspend the Pentagon's use of a sleaze tactic to cheat injured vets out of benefits they earned).

Disaster Preparedness and Other Stuff We Wish We Didn't Have to Worry About


Been a lot of articles, both in the Tubes and in the dead-tree sector, on disaster preparedness. As I get through them, I'll do additional posts on items of interest.



And, In Parting, A Sign of My Deep Admiration for CommanderGuy Decider

The Shoe's on the Other Foot Now.

Reuters is running a story about bush condemning Iran for detaining American citizens on allegations of spying.

CommanderGuy is quoted as saying, "I am disturbed by the Iranian regime's refusal so far to provide any information on Robert Levinson, despite repeated U.S. requests," and, "I call on Iran's leaders to tell us what they know about his whereabouts."

I presume this would not be the same george w bush who claims a God-given right to "disappear" anyone he wants, in the name of national security. This would certainly not be the george w bush whose administration called the Geneva Conventions "quaint", or whose Veep referred to Constitutional rights as "delicate sensibilities," nor would this be the same bush whose administration engages in waterboarding, extraordinary renditions, and Lord only knows what other crimes against humanity in the name of his Holy War on Terra.

Any thinking person -- which lets out all of the brain-dead 27% and virtually all rethuglicans -- could have told CommanderGuy that his actions would come back to bite us in the ass.

Of course, CommanderGuy is never, ever wrong; it's just that subjective reality doesn't fit into his scheme of things.

Cross-posted at Watching Those We Chose and Out of Iraq Caucus.

Sgt Kokesh to USMC: "Go F*** Yourself"

Via BadTux, I found out about former Sergeant Adam Kokesh, USMC. Kokesh was busted back to Corporal before being discharged from the Corps. After his discharge from active duty -- during which he served honorably in Iraq -- he became a member of Iraq Veterans Against the War, and spoke out against our presence in Iraq. In retaliation for exercising his freedom of speech -- one of the freedoms for which the Islamofascistmuslimterrists hate us -- the USMC revoked his honorable discharge and is now offering a "less-than-honorable" discharge in a blatant attempt to stifle him.

Kokesh wrote on his blog:

If I accept this “plea bargain,” I would have to allow you to punish me for speaking my mind, allow you to say that it is somehow less than honorable for thousands of IRR Marines to exercise their freedom of speech, allow you to silence the voices of those whose experiences are most relevant in the most pressing debate before the nation, and allow you to say that Thomas Jefferson was wrong. If this is your intent, I would ask to please, kindly, go f*** yourself. I will not allow it.

As I recall, we are in Iraq, in part, to defend our freedoms there so we don't have to defend them here, or something to that effect.

And yet we have the United States Marine Corps -- admittedly the bravest, fiercest, toughest fighters this world has ever seen -- suppressing the freedom of speech of one of their own veterans.

As BadTux put it:

I dunno what kinda love we can give Adam Kokesh, but I'm sure that the only way they'll shut up this PFC ("Proud Fuckin' Civilian") is if they put him in jail. Meanwhile, the Marines ought to be ashamed for trying to shut up a civilian honorably seperated from the Marines by revoking his honorable discharge. That kinda political bullshit acting as political operatives for the Bushevik regime is not what the military is supposed to be about. Our military is supposed to be about killing our nation's enemies dead, not about suppressing free speech within the borders of our country. There's a name for the kind of country where the military is used to suppress free speech within the borders of the country. It's called "military
dictatorship". It's not what our nation is supposed to be about. For shame, General Moore!

I second what BadTux says.

Kokesh doesn't seem to have a donation button on his blog, but maybe a whole shitload of supportive comments will help him out a bit.

This Date in Fire History: May 28

1977. The top single of the year would be Rod Stewart’s “Tonight’s The Night.” Other performers in the top five would be Andy Gibb, the Emotions, Barbra Streisand, and Hot. 1977, however, also featured a number of clean-cut handsome young singers like Bobby Goldsboro, Bobby Sherman, and John Davidson.

On May 28, 1977, Davidson was scheduled to headline the show at the Beverly Hills Supper Club, “The Showplace of the Nation,” in Southgate, Kentucky, just across the river from Cincinnati. About 8:50 PM, the comedy team of Jim Teeter and Jim McDonald were getting the audience ready for Davidson’s entrance.

The Beverly Hills Supper Club was one of the most luxurious venues of its time, offering banquet and meeting facilities for groups from 20 to 1,000. A beautiful central hallway lined with mirrors had an open, curved stairway known as the Cinderella Stairway, which was itself lavishly decorated.

The building was of what is termed "unprotected, noncombustible" construction, what we might call "ordinary" construction: most of the exterior walls were masonry. The original building, constructed in 1937, had been added to many times over the years, especially after a major fire in 1970, during major remodeling. One result of all the additions was that virtually all the interior walls had been, at some time, exterior walls. The 1970 project included the construction of the Cabaret Room, the Garden Rooms, and a 60 foot glass atrium.

That May evening, “the joint was jumping.” In addition to the Davidson show in the Cabaret Room, the Greater Cincinnati Choral Union and the Afghan Hound Club of Southwestern Ohio were each using three of the upstairs Crystal Rooms for dinners; the Savings & Loan League of Southwestern Ohio and Northern Kentucky was holding an awards banquet, and a wedding reception was breaking up early in the Zebra Room.

The people at the reception complained about the temperature in the room; the consensus was that the air conditioning was out of order. Instead, improperly installed aluminum wiring was smoldering.

At 8:50 PM, about the same time that Teeter and McDonald were wrapping up their act, reservations clerk Eileen Druckman smelled smoke. She tracked the smell to the Zebra Room, opens the door and sees fire. A bartender grabs a fire extinguisher and races to the Zebra Room, returning just moments later. He tells a waitress to call the fire department and yells, “Let’s get the people out of here.” The Campbell County Dispatch Center, however, doesn’t log their first call on the fire until 9:01.

At 9:00 PM, busboy Walter Bailey takes the stage in the Cabaret Room to announce “a small fire.”

By 9:02, the fire has spread to the Cabaret Room. “Some 1,200 screaming people are pushing toward the three small exits, throwing chairs and tables out of their paths. Some are climbing from table to table, stepping over others,” according to the Cincinnati Post.

By 9:25 PM, portions of the building start to collapse, and by 2:00 AM, it is all over.

The “small fire” killed 165, including a member of Davidson’s entourage, music director Douglas Herro.

The investigation by the National Fire Protection Association (NFPA) listed the major factors contributing to the large loss of life:

• The lack of alarm and sprinkler systems allowed the fire to grow undetected for an extended period of time (sprinkler systems were required by Kentucky code at the time, although not necessarily at the time of construction)
• Staff attempted to fight the fire themselves before evacuating the patrons or notifying the fire department
• There was no evacuation plan for the complex, nor were staff trained in emergency duties
  The building was grossly overcrowded – the Cabaret Room alone was at double the legal capacity
• There were insufficient fire exits for the facility, especially in light of the overcrowding
• The entire complex was decorated with highly-flammable materials; the interior finish materials in the main corridor exceeded the flame spread allowed for places of public assembly and contributed to the rapid spread of the fire from the Zebra Room (where the fire originated) to the Cabaret Room.

WKRC-TV, Cincinnati's Channel 12, has video clips of the fire here.

The Cincinnati Post has extensive coverage here, and the Cincinnati Enquirer, here. Both include detailed coverage of the fire, the investigation, ensuing lawsuits, and stories by and about the survivors.

The biggest tragedy, of course, is that most or all of these deaths could have been prevented. All six factors above were also cited as causes for the deaths at the Cocoanut Grove – a fire that had occurred 35 years earlier.

Adding to the horror is the fact that five of the six factors also contributed to the 100 fatalities at the Station Nightclub… 26 years after Beverly Hills. (The Station staff didn’t try to fight the fire; they couldn’t – it spread too quickly).

Of course, there are moments of irony in this story, as with any other. Sycamore Township Fire Chief B.J. Jetter uses the Beverly Hills Fire in teaching his classes at Cincinnati State. But in 1977, he was the drummer in a band scheduled to play at wedding at Beverly Hills on May 28. The wedding was cancelled.

Thirty years later, by the way, the site of the club lies vacant. Trespassers who explore the site can still find macabre souvenirs: a spoon with a tree embedded in a tree root, partially burned serving trays, smashed plates, etc. Several attempts to develop the property have failed. The last proposal, for a shopping mall, was voted down by citizens who felt the area could not support a mall. A proposal for an office park was deemed not economically feasible by the property owners.

There are, as yet, no plans for a permanent memorial to the victims, but one will probably be an integral part of any future use of the land.

The Ranter's Rides...

As we continue our trip down Memory Lane, and the cars used to get there, I should point out that none of the cars listed in Part I were POS rides - they were all quite nice cars.

The parents decided the Falcon wasn't big enough for a family of five, plus a dog, so they replaced the Falcon with a 1969 Ford Galaxy wagon. This beast had, I think, a 3 billion cubic-inch Pratt and Whitney (jet) engine, got about 4 miles per gallon, and would pass anything but a gas pump. It was like driving a frickin' rocket. Needless to say, I loved it... till I managed to get it upside-down on US Route 1 on Thanksgiving weekend.

After the Galaxie came a 1974 Chevrolet Impala, which -- I have heard -- was the biggest automobile ever produced. It was a real land yacht, and again had tons of power. It was a bitch to park, though. We got the Impala after I wrecked the Galaxie, and of course, I got all sorts of grief from the parents for having done that. Can you imagine the look on my face when Mother came in and said she had wrecked the Impala? (Although it was far in the future then, my first wife would also have a 74 Impala... I should have recognized it for the bad omen it was).

We replaced the Impala with a Malibu wagon, which was much more sensible at the time. The 'Bu got better gas mileage, was much easier to park, had better visibility, and was generally a sweet ride. Plus, of course, I enjoyed the back of the station wagon on dates. Not that it was ever used that way, of course (sigh)... The 'Bu was not the best vehicle for schlepping a son to college, though.

After my freshman year, I was able to scrape together enough money to buy a car my cousin was selling... a 1966 Mustang, in the glorious Forest Green. It had 100,000+ miles on it, and the floorboards were rotting, but who cared? It was my car. My car. I drove it for a year until I got smacked at an intersection. I sold it to a back yard mechanic who restored it, and it is still running around town.

After the Stang, I was kinda strapped for cash, so I wound up with my first POS... a 65 Impair (it started life as an Impala, but the car had gotten smacked and the front end was replaced with Belair nose parts). The Motor Vehicle Department wouldn't let me register it as an Impair, but they would accept Belpala... but who would laugh at that?

POS Parade....

Well-known Canadian blogger Firestarter5 (he of "Half-Nekkid Honey" fame) has issued a challenge to his fellow bloggers:

So here is your next task if you happen to be running short of Blog post ideas. Besides wracking your brain thinking of production years, you'll have to use Google Images to find the correct picture of all the cars/trucks you have owned. The colours don't have to match, just the body style.


I shall be working on this post today. And I'm tagging EVERYONE who reads this. Remember to leave a comment giving your blog address if I don't have your blog listed on this page.


Remember, you have to list every P.O.S. you may have owned, as well as all the good ones.

As I said in my comment on his post, "Do you have any idea how many POS cars I've had over the last 30 years?"


Anyway, here goes.

The first car I ever drove was my grandmother's 1956 Hudson. I'm not 100% sure which model, but I think it was the Hollywood; it looks familiar. I "stole" her car and took it for joyrides up and down the driveway when I was about 10 years old. I remember riding into town with my father each Sunday to get the NY Times; if I had been good all week, we'd stop for a hot fudge sundae before heading home.








The next one was also illegal driving for me, my parent's 1964 Ford Falcon wagon. They bought it when we lived in NYC and had a summer house in Maine (how excrutiatingly preppie, right?). Even though I was only 15, I was much more comfortable driving than my mother was, so I got to play chauffeur most of the time.







The first car I owned was a 1963 Studebaker Lark. Mine was a cream-colored four-door. I was in the process of getting it street-ready when my brother put a rock through the back window, which allowed rain to seep in. Shortly thereafter, a part of the broken window collapsed and some squirrels moved in and really trashed it. I could have killed him. And yes, I wish I still had this car.



I think one of the things that killed Studebaker was their styling... they seemed to be well ahead of the times. Look at the front of that 1963 Lark and compare it to the '80's and '90's Mercedes - very similar, at least to me.



The first legal rides for me were my father's two vehicles - the 1965 Studebaker Commander he used for commuting, and the 1971 Datsun pickup used for weekend projects. Both had manual transmissions - the Stud had a three-on-the-tree (steering column, for the kids), the Datsun a four-on-the-floor. Dad wouldn't let me take the license exam until I could shift with one finger, leaving the rest of my fingers free for things like exploring my (female) passenger's knee.

Again, with the Commander, you can see styling that wouldn't hit the rest of the auto industry for years - a very functional design similar to many of the 70's and 80's models.

More in a bit.

Better Than Sex!

Well, okay, nothing is better than sex, but this comes close.

I have been invited to add my voice to the chorus at the Out Of Iraq Bloggers Causus, joining such forces for good as Blue Girl, Jurassic Pork, Skippy, and Strannix.

I think it behooves all of us -- Democrats, Republicans, Greens, Independents, even Lieberman -- to figure out some way to get out of the quicksand in which Dear Leader bush has mired us.

It's all well and good to say "support the troops", but only if that support is more constructive than putting some magnet on your SUV. The best way to support our troops -- in fact, the only way -- is to bring them home in one piece, while providing the maximum protection we can until they are home.

bush, Cheney, Wolfie, "the fucking stupidest guy on the face of the earth"(little Dougie Feith, of course), Condisleeza Ricearoni, and the rest of the neocon thugs dragged us into an unnecessary, illegal, and immoral war, based on dubious intelligence and outright lies, with the primary purpose of enriching themselves and their corrupt corporate puppet-masters.

I hope that I might add some useful insight to the discourse.

Cross-posted at Out of Iraq Caucus.

Follow-Up to Gun Nuts...

Want to know why I'm so convinced you gun nuts are all whackjobs?

MOSCOW, Idaho (AP) -- Police say two people, including the likely shooter, have been found dead inside a church surrounded by law officers after three people were shot. Dozens of law enforcement officers surrounded a church Sunday where they believed they had cornered a shooter or shooters who wounded two officers and a civilian in bursts of automatic gunfire, police said.

"He was just shooting at anybody he could," Duke said. "We believe the shots
were from a high area, based on where the victims were shot."

Duke said the victims were shot with automatic weapons.

Of course, let us not forget some of the other "highlights" of the gun-rights issue:

• Virginia Tech: Seung-Hui Cho was able to purchase weapons after being involuntarily committed for psychiatric problems
• Nickel Mines, PA: Charles Carl Roberts IV killed five young Amish girls and -- thankfully -- himself in an Amish school house
• Tacoma, WA: Dominick Maldonado opens fire in a shopping mall with a pair of assault rifles, wounding six.
• Salt Lake City, UT: Sulejmen Talovic, an 18-year-old Bosnian immigrant, opened fire on shoppers, killing five and injuring four others.
• Kingston, NY: Robert Bonelli entered amall with a replica of a AK47 and began firing his weapon. No one was killed and only two were injured.
• Atlanta, GA: Mark O. Barton killed 12 and injured 12, using legal but unlicensed guns
• Moses Lake, WA: Two students and one teacher killed, one other wounded when 14-year-old Barry Loukaitis opened fire on his algebra class.
• Littleton, CO: Harris and Klebold shoot up Columbine High School

Yeah, let's keep weapons readily available so that anyone -- whackjob, would-be terrorist, bank robber, wife-killer -- anyone can have one.