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Austin's bet to beat homelessness: Engaging people with lived experience
Feb 6, 2019·7 min read
Austin's Homeless Advisory Committee meets every other Monday to offer feedback on how to improve homeless services.
In the four years since Donna Ware lost her home due to a legal dispute, and had to start living out of her car and a storage unit, she has often felt ignored by homeless services.
She's not addicted to drugs or alcohol — so she doesn't require treatment like so many others. And, because she's not a mother or physically disabled, she's low on the priority list for subsidized housing. "They help us based on urgency," Ware said. "I'm number 200-and-something on the waiting list to get housing. There's always people ahead of me."
So Ware was surprised when city leaders from Austin, Texas, asked for her ideas on how to improve homeless services. In fact, the city was pulling together a whole panel of people who have lived experience with homelessness — a group from diverse backgrounds and situations — to continually advise the city and even shape its policies and programs.
Eighteen months later, Ware is a seasoned participant in a citizen-engagement experiment that cities everywhere should be watching closely. She and her fellow committee members, who meet every other Monday, have become a vital sounding board for city leaders on issues like panhandling, outreach, and interactions with police. Their feedback is elevating the perspective of homeless individuals in discussions about the services intended for them to use. And while Ware has yet to find permanent housing, she's found her civic voice.
"It means someone in my situation can be heard," she said. "I'm not just a statistic. It gives me a level of esteem, value, and importance. And it's woken the city up to understand just how many of us there are."
Viewing problems from a people's perspective
Austin's Homelessness Advisory Committee is a product of the city's Innovation Office, which receives support from Bloomberg Philanthropies to help the city apply human-centered design to tough urban problems. Facing a big jump in the number of people experiencing homelessness in Austin, the city's innovation team set out to find solutions by first understanding the problem from the point of view of the people living it.
Donna Ware: " It's important to work directly with the homeless, and hear our stories, rather than just try to figure out what we may need."
That's virtually unheard of in the United States, said Kerry O'Connor, Austin's chief innovation officer. When it comes to homeless services, cities and the web of nonprofits they rely on tend to defer to case managers, first responders, mental health experts, and others to speak on behalf of the people using the services. O'Connor says that's a critical omission. "Until you understand the lived experience of people and can bring that qualitative information in," O'Connor said, "you're always going to be flying with a skewed radar that's sending you in a slightly off direction."
Lincoln Neiger, a service designer who facilitates the advisory panel, says cities could use more of a customer-driven focus when it comes to homeless services. "The mentality is more like this is being handed to you, so keep your mouth shut and be happy about it," Neiger said. Austin's homeless panel is beginning to change that dynamic. "Even though you need something, you should still be able to influence the choices available to you."
Steering toward productive feedback
The i-team launched the homelessness advisory panel in October 2017, in close collaboration with staff from the nonprofit Ending Community Homeless Coalition and Austin Public Health. Local service providers referred potential candidates for the committee, which has settled in at between 13 and 16 members. Panelists are asked to regularly attend two-hour bi-weekly meetings at a local library, and adhere to a set of bylaws. They're given a $40 gift card and lunch in exchange for their time and insights.
[Read: Explainer: What is human-centered design?]
Initially, it was rough going. Intense arguments broke out among group members, some of whom struggle with addiction, schizophrenia, or other mental health issues. Everyone in the room had grievances to share about a system they felt had failed them. "We're trying to talk with them about generating ideas for the future, when everybody has an immediate crisis," O'Connor said. "It's a focus group of people who society has marginalized and judged. At first, I didn't know if it was going to work."
Advisory committee members discussed ideas for homelessness solutions at an "ideation session."
Over time, facilitators found ways to steer the group toward productive conversation. They worked in small groups and asked the participants to use different techniques, like role playing and picture drawing, to share their experiences and grow comfortable with offering advice. Neiger said it took about six months to get the group working well together.
A number of city agencies have turned to the group for input. The City Auditor is incorporating their insight into an upcoming report on homelessness. The Office of Police Oversight has asked them for help ensuring the homeless have access to the police complaint process. The group also offered feedback to proposed changes to the city's panhandling laws. And they participated in a hackathon aimed at developing an idea to use blockchain technology to store identifying information that the homeless need to access services.
"People in the city now know they have a place they can go to get that lived-experience perspective," O'Connor said. "They're reaching out to me to say, 'how can we get that feedback into our system'?"
[Read: Prototyping city solutions and launching a revolution]
Committee members have also come up with ideas of their own. Two members — a couple named Bill and Judi — had a plan to deliver travel-sized toiletries to people on the street. They saw a problem that people who have never been homeless might not: that large bottles of shampoo, for example, are a pain to carry around and prone to leaking all over one's stuff. O'Connor's team helped them prototype the idea, stuffing a rollaboard suitcase full of shampoos, soaps, deodorants, and sunscreens to give away.
Advisory Committee members Judi and Bill prototyped their idea for giving away travel-sized toiletries. "The people were so excited, like kids on Christmas morning," wrote Bill, who has since deceased.
In a handwritten report on the experiment, Bill wrote, "The people were so excited, like kids on Christmas morning." He and Judi learned what other products were in high demand: bug spray, water, aspirin, and umbrellas. Sadly, their project ended there — both fell ill and Bill passed away late last year. "Seeing the momentum enabled Bill and Judi to try something on their own," Neiger said. "It was an impactful experience to see them moving toward something they were hopeful and excited about."
Over time, shared experiences of suffering and loss have turned the advisory committee into a tight-knit group. Members talk to each other via a closed Facebook group, and regularly turn to one another for advice on how to navigate the system and access services. As facilitators of this group, O'Connor's team has had to walk a thin line. On the one hand, they need to offer members the emotional support needed to provide productive feedback. On the other hand, they're not staffed to provide case management for people living in crisis.
That's about to change. Starting this week, the Innovation Office is transferring oversight of the group to the Austin Downtown Community Court. It's an alternative court that handles offenses like outdoor camping and panhandling — 75 percent of its cases are related to offenses committed by individuals who are homeless. The court's goal is to handle these cases not with punishment but case management from one of its 10 licensed clinical social workers.
[Read: Unleashing the power of public prototyping]
As Robert Kingham, the court's operations manager, explained, court staff will be in a better position to provide on-the-spot needs for committee members when they come up. Kingham sees the roughly $12,000 annual monetary cost of hosting the committee as an investment that will pay for itself. The court spends $4 million a year on support services, and he expects those services to become more efficient and effective as a result of tapping the committee's insights.
"One of the things we've recognized is that these services have not been informed at all by the individuals we are buying them on behalf of," Kingham said. "That $12,000 investment is a drop in the bucket compared to the $4 million worth of contracts housed here. We need to make sure they're the most effective and efficient contracts we can purchase." The court also plans to make the committee available to its sister agencies and nonprofits engaged in homeless services.
All of this is good news to Donna Ware. As someone whose profile doesn't match many common stereotypes about homeless individuals, Ware said it's important for city officials to deeply understand the many life situations that can lead to homelessness. "There are different populations and cultures within that culture," she said.
"Every city should do something like this, and maybe even do it bigger than what Austin is doing," she continued. "It's important to work directly with the homeless, and hear our stories, rather than just try to figure out what we may need. Without this committee, Austin really wouldn't know the diversity that's there in the homeless situation, and how huge the need really is to come up with solutions that help people."
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Pasquale D'Alessio, a resident of Warrington, passed away Wednesday July 18, 2018 at Abington Jefferson Hospital. He was 86.
Born in Naples, Italy, Pasquale immigrated to the USA when he was 21. He held a variety of occupations including pastry chef at Termini's; a tailor at Botany 500; and retired from Abington Township as a Foreman in the Public Works Department. He loved making people laugh; going to the Jersey shore; fishing; bicycle racing; and dancing. Most of all, he loved his family, friends and all of their pets.
Family and friends are invited to attend his Viewing, 10 AM, Monday, July 23, 2018 followed by his Funeral Service at 11 AM at Scanlin Funeral Home, 175 East Butler Ave., Chalfont, PA. Entombment will follow at St. John Neumann Cemetery. In lieu of flowers, donations in his memory may be made to ASPCA, P.O. Box 96929, Washington DC 20090-6929 or at www.aspca.org.


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Justia › US Law › Case Law › California Case Law › Cal. App. 3d › Volume 209 › Yurick v. Superior Court (Antonetti) (1989)
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Yurick v. Superior Court (Antonetti) (1989)
[No. C005989. Court of Appeals of California, Third Appellate District. April 21, 1989.]
DONALD YURICK, Petitioner, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; MARY ANTONETTI, Real Party in Interest
(Opinion by Puglia, P. J., with Carr and Sims, JJ., concurring.) [209 Cal. App. 3d 1117]
Johnson, Hoffman & Pagliero, Dianna Z. Hoffman and Astrid Qirko for Petitioner.
No appearance for Respondent.
Korber & Kennedy and Jeff Korber for Real Party in Interest.
PUGLIA, P. J.
Petitioner, Donald Yurick, seeks a writ of mandate directing respondent superior court to vacate its denial of his motion for summary judgment and to grant the motion. [209 Cal. App. 3d 1119]
This proceeding arises out of an action commenced in respondent court by Mary Antonetti (plaintiff). Her complaint names five defendants, including Oroville Hospital (hospital) and petitioner Donald Yurick (Yurick).
The complaint contains counts alleging gender discrimination, unlawful retaliation, intentional infliction of emotional distress, wrongful discharge and age harassment. Yurick is charged only with age harassment and intentional infliction of emotional distress. In his summary judgment motion, Yurick contended, as he does here, that plaintiff failed to exhaust administrative remedies as to the cause of action for age harassment and, as to the cause of action for emotional distress, his conduct was not outrageous as a matter of law. We shall order a writ to issue as prayed.
The complaint was filed October 20, 1986. It alleges plaintiff was employed in the purchasing department of hospital as assistant to the department manager. Plaintiff was denied regular pay raises and, on the manager's resignation in March 1986, was passed over in favor of a male for head of the department. On May 23, 1985, plaintiff had filed a charge with the Department of Fair Employment and Housing alleging unlawful gender discrimination in employment. The hospital and two of its employees engaged in a campaign of harassment and discrimination in retaliation for her filing of the administrative charge. As a result of those and other unlawful acts, plaintiff was terminated from employment in June 1986. In March 1986, some 10 months after plaintiff filed her administrative charge, Yurick became plaintiff's supervisor.
The complaint charges Yurick with age harrassment in that between March and June 1986 Yurick, plaintiff's immediate supervisor, knew plaintiff was more than 40 years old and repeatedly told her at the workplace in the presence of others that anyone over 40 was senile, and that plaintiff was senile and a liar.
In the cause of action for intentional infliction of emotional distress, the complaint alleges the aforementioned acts of Yurick were done with the intent to drive plaintiff from her employment by causing "... mental stress and suffering, and were further done with reckless disregard of [her] rights to be free of such conduct at her place of employment and to work in a gender-neutral, non-hostile environment."
Code of Civil Procedure section 437c, subdivision (a) authorizes a motion for summary judgment if it is contended the action has no merit. "The motion for summary judgment shall be granted if all the [moving] papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code Civ. [209 Cal. App. 3d 1120] Proc., § 437c, subd. (c).) [1] Conversely, summary judgment may not be granted if the papers submitted show a triable issue of material fact. (Gigax v. Ralston Purina Co. (1982) 136 Cal. App. 3d 591, 596 [186 Cal. Rptr. 395].) Summary judgment may not be defeated merely because there are disputed factual issues; if the defendant's showing negates an essential element of the plaintiff's case, then no amount of factual conflict on other aspects of the case will preclude summary judgment. fn. 1 (Clarke v. Hoek (1985) 174 Cal. App. 3d 208, 214 [219 Cal. Rptr. 845].)
The California Fair Employment and Housing Act (FEHA) is found at Government Code section 12900 et seq. (Further statutory references to sections of an undesignated code are to the Government Code.) It provides that freedom from employment discrimination on account of sex and age is a civil right. (§ 12921.) It declares such discrimination is against public policy (§ 12920) and an unlawful employment practice. (§§ 12940, 12941.)
FEHA creates a Department of Fair Employment and Housing (Department) (§ 12901) whose function is to receive, investigate and conciliate complaints of unlawful employment discrimination. (§§ 12930, 12963 et seq.) A person claiming to be aggrieved by an alleged unlawful practice may file a written charge with the Department within one year from the date of the alleged unlawful practice, which must "state the name and address of the person, employer, labor organization or employment agency alleged to have committed the unlawful practice complained of. ..." (§ 12960.) If conciliation fails, Department may issue an accusation to be heard by the Fair Employment and Housing Commission (Commission). (§§ 12903, 12963.7, 12965, subd. (a), 12969.)
If the Commission finds a violation, it issues a cease and desist order and may grant other appropriate relief. (§ 12970, subd. (a).) If no accusation is issued by the Department, it must give the aggrieved person notice and a right-to-sue letter. (§ 12965, subd. (b); Commodore Home Systems, Inc. v. Superior Court (1982) 32 Cal. 3d 211, 213-214 [185 Cal. Rptr. 270, 649 P.2d 912].) The aggrieved person may bring a civil action against the "person, employer, labor organization or employment agency" named in the charge [209 Cal. App. 3d 1121] within one year after receiving notice. (§ 12965, subd. (b).) [2] In order to bring a civil action under FEHA, the aggrieved person must exhaust the administrative remedies provided by law. (Miller v. United Airlines, Inc. (1985) 174 Cal. App. 3d 878, 890 [220 Cal. Rptr. 684]; Myers v. Mobil Oil Corp. (1985) 172 Cal. App. 3d 1059, 1063 [218 Cal. Rptr. 630]; Snipes v. City of Bakersfield (1983) 145 Cal. App. 3d 861, 866 [193 Cal. Rptr. 760].)
Plaintiff's administrative charge, filed on May 23, 1985, named hospital only as the respondent and alleged sex discrimination only, i.e., that she was denied equal pay for equal work because of her gender.
Under the FEHA it is an unlawful employment practice for an employer or the agent of an employer to harass an employee because of age. (§ 12940, subd. (h).)
Apparently there is no California decision addressing the question presented here, i.e., whether plaintiff failed to exhaust her administrative remedies by not first filing her claim of age harassment with the Department. However, there is analogous federal authority to which we may look for assistance in the resolution of the exhaustion issue. (See County of Alameda v. Fair Employment & Housing Com. (1984) 153 Cal. App. 3d 499, 504 [200 Cal. Rptr. 381].)
Ong v. Cleland (9th Cir. 1981) 642 F.2d 316, 318, arose under title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.). Ong had filed an administrative charge alleging she was denied a job promotion on the ground of national origin. During the administrative process, she took a disability retirement, allegedly as a result of her employer's illegal conduct.
In a subsequent civil action, Ong's complaint alleged she was "constructively discharged" by a discriminatory promotional decision, a claim not presented in the administrative forum. The district court entered summary judgment against Ong, concluding she had failed to exhaust her administrative remedies. (Ong, supra, 642 F.2d at pp. 317, 318, 319.) The Court of Appeals affirmed, holding Ong's failure to exhaust her administrative remedies frustrated the policy of title VII to promote conciliation of employment discrimination charges. (Id., at p. 320.) [3] A plaintiff suing under title VII is subject to an exhaustion requirement before commencing judicial action. (Id., at p. 318.) Whether the plaintiff has met that requirement depends on an analysis of the "fit" between the administrative charge and the lawsuit. (Ibid.) The test for that "fit" is whether the alleged discriminatory acts in the lawsuit are "like or reasonably related to" the allegations contained in the administrative charge. (Ong, supra, 642 F.2d at p. 320.) "The absence of a perfect 'fit' between the administrative charge and the [209 Cal. App. 3d 1122] judicial complaint is therefore not fatal to judicial review if the policies of promoting conciliation and avoiding bypass of the administrative process have been served." (Id., at p. 319.) For example, where the administrative charge alleged a pattern of discrimination or continuous retaliation, it was appropriate to allege subsequent unlawful conduct in the lawsuit. (Ramirez v. Nat. Distillers and Chemical Corp. (9th Cir. 1978) 586 F.2d 1315, 1320; Van Hoomissen v. Xerox Corp. (N.D.Cal. 1973) 368 F. Supp. 829, 833-834, cited in Ong v. Cleland, supra, 642 F.2d at p. 319.)
The Ong court noted plaintiff did not allege in her administrative charge that her employer had engaged in a "pattern or practice" of discrimination against her. (Ong, supra, 642 F.2d at p. 320.) Nor did she attempt to amend the charge to include events occurring after it was filed. (Ibid.) The court determined that, because the issue of Ong's disability retirement was not presented administratively, the agency was precluded from considering that claim before initiation of the lawsuit. (Ibid.) Accordingly, the court found Ong's administrative charge of discrimination in promotion did not encompass her judicial cause of action for constructive discharge and that she failed to meet the exhaustion requirement. (Ibid.)
[4] Here, plaintiff's administrative charge alleged only gender discrimination based on unequal pay. It named hospital as the sole discriminating party. The administrative charge, filed almost a year before the alleged age harassment by Yurick commenced, did not allege either a pattern of discrimination or continuous retaliation. Moreover, plaintiff did not amend her administrative charge to include the allegation of age harassment or any other subsequent event.
Plaintiff argues she should be accorded the benefit of a liberal construction of her pleading. (See Wrighten v. Metropolitan Hospitals, Inc. (9th Cir. 1984) 726 F.2d 1346, 1352.) "Title VII charges can be brought against persons not named in an E.E.O.C. complaint as long as they were involved in the acts giving rise to the E.E.O.C. claims." (Ibid., citing Chung v. Pomona Valley Community Hospital (9th Cir. 1982) 667 F.2d 788, 792.) In both Wrighten and Chung, the additional parties sought to be named in the federal lawsuits had participated in the acts leading to the administrative charges. (Wrighten v. Metropolitan Hospitals, Inc., supra, 726 F.2d at pp. 1352-1353; Chung v. Pomona Valley Community Hospital, supra, 667 F.2d at p. 792.) In contrast, plaintiff has not alleged Yurick had anything to do with the allegation of gender discrimination contained in her administrative charge. (See Bratton v. Bethlehem Steel Corp. (9th Cir. 1980) 649 F.2d 658, 666.)
Plaintiff contends the offending remarks of Yurick, her new supervisor, were part of the series of retaliatory acts which followed the filing of her [209 Cal. App. 3d 1123] administrative charge of gender discrimination and included the discriminatory denial to her of the department manager's position which Yurick later assumed.
Plaintiff's contention fails. One of the acts made unlawful by FEHA is retaliation by an employer. (§ 12940, subd. (f).) Where the employer retaliates following the filing of an administrative charge, the employee may file another charge. (§ 12960; Ficalora v. Lockheed Corp. (1987) 193 Cal. App. 3d 489, 492 [238 Cal. Rptr. 360].) If as plaintiff contends the alleged age harassment was in retaliation for her filing of an administrative charge, plaintiff should have filed a charge with Department for retaliation. (Ibid.)
We conclude plaintiff's claim of gender discrimination alleged in her administrative charge did not encompass the cause of action for age harassment alleged against Yurick in her lawsuit. To permit her to pursue that cause of action would undermine vital policy interests embodied in FEHA, i.e., the resolution of disputes and elimination of unlawful employment practices by conciliation. (§§ 12930, 12935, 12963.7; Gelb and Frankfurt, California's Fair Employment and Housing Act: A Viable State Remedy for Employment Discrimination (1983) 34 Hastings L.J. 1055, 1061-1062.) Accordingly, Yurick is entitled to summary adjudication as to the cause of action for age harassment.
[5a] An essential element of a cause of action for intentional infliction of emotional distress is "extreme and outrageous conduct by the defendant." (Cervantez v. J.C. Penney Co. (1979) 24 Cal. 3d 579, 593 [156 Cal. Rptr. 198, 595 P.2d 975].)
[6a] Claiming his statements to plaintiff amounted to nothing more than "mild insults," Yurick asserts that as a matter of law they do not amount to outrageous conduct. [5b] "Conduct to be outrageous must be so extreme as to exceed all bounds of that usually tolerated in a civilized community." (Cervantez, supra, 24 Cal.3d at p. 593.) Mere insulting language, without more, ordinarily does not constitute outrageous conduct. (Newby v. Alto Riviera Apartments (1976) 60 Cal. App. 3d 288, 297 [131 Cal. Rptr. 547], disapproved on another point in Marina Point, Ltd. v. Wolfson (1982) 30 Cal. 3d 721, 740-741, fn. 9 [180 Cal. Rptr. 496, 640 P.2d 115, 30 A.L.R.4th 1161].) Behavior may be considered outrageous if a defendant abuses a position which gives him power to damage the plaintiff's interest. (Newby, supra, p. 297.) [209 Cal. App. 3d 1124]
In denying Yurick's summary judgment motion, the court stated its belief the circumstances surrounding the statements and the context in which they were made presented triable issues peculiarly within the province of the trier of fact.
There is no conflict in the evidence before the court on the issue of "outrageous conduct." That evidence appears chiefly in plaintiff's deposition and is supplemented by plaintiff's declaration. We set out verbatim those parts of plaintiff's deposition testimony which bear on the issue:
"Q [Counsel] Mr. Yurick said to you that -- I am now looking at page 7, fourth cause of action of the Complaint filed in this action -- said to you, quote, that anyone over age forty is senile and a liar and called plaintiff a liar, unquote. Did that happen?
"A [Plaintiff] Yes.
"Q What were the circumstances that led up to those comments?
"A Circumstances that led up to the comments of being over forty and senile was just your general work-a-day atmosphere. It wasn't anything specific. He just liked to say that, I guess.
"Q How many times did you hear him say that?
"A Oh, I heard him say it on many occasions. If you want a guess, I would say a dozen or more. The incident leading up to the liar, I don't really recall what it was about.
"But he, we were discussing something. He had come back from administration and we were discussing something and he turned to me and he said, 'You are a liar. You are over forty and you are a liar.'
"And I asked him, 'What did you say?'
"And he said, 'I said anybody over forty is a liar.' And I asked him what he was talking about and he would not answer me or tell me what he was talking about.
"And I was extremely offended by both of that, by being called senile, because I was over forty and a liar.
"Q So, Mr. Yurick, specifically, said that you were senile and a liar; is that correct? [209 Cal. App. 3d 1125]
"A That is correct.
"Q When Mr. Yurick said, on those dozen or so occasions, that everyone over forty is senile and a liar, was he making a joke?
"A Absolutely not.
"Q Well, what were the circumstances that led him to say that? Would he just walk up to you and say, 'Everyone over forty is senile and a liar,' then walk away?
"A You would have to be around Mr. Yurick to know the circumstances. Do you want me to elaborate?
"Q Surely.
"A Okay. First time I met Mr. Yurick he walked into the office and told me who he was and told me that, 'I am an asshole. Most people think I am an asshole and you are going to think I am an asshole.' That was Mr. Yurick. fn. 2
"So, for him to tell me that I was over forty and senile was really not so bad as to what could come out of Mr. Yurick's mouth.
"Q Do you know how old Mr. Yurick is?
"A No.
"Q Are the statements you are saying Mr. Yurick made the only basis on which you claim that Mr. Yurick, Oroville Hospital and Orolake Corporation harassed you because of your age?
"A Yes, from what he said.
"* * *
"Q Now, regarding these comments where Mr. Yurick said something about -- did he say that you, Mary Antonetti were senile, or did he say people over forty are senile, or did he say both?
"A He said both. [209 Cal. App. 3d 1126]
"Q On how many occasions did he say you, Mary Antonetti, or words to that effect, are senile?
"A Half a dozen. Mr. Yurick was well-aware of my age. I celebrated my forty-eighth birthday on May 1.
"Q On how many occasions do you recall Mr. Yurick saying something to the effect that anyone over forty is senile?
"A Probably, about a half-dozen is a guess.
"Q Were those statements made, generally, together, at the same time?
"A No, they were different.
"Q When was the first time he said that?
"A Oh, within the first week that he was there.
"Q Who was present that would have heard him say that?
"A Duayne Cox.
"Q Anyone else?
"A The UPS driver, Mike.
"Q Was he a regular driver that you knew by sight?
"A Yes, uh-huh.
"A Not that I recall, right now.
"Q How old is Duayne Cox?
"A Probably, about nineteen, twenty.
"Q How old is Mike?
"A I don't know. Over thirty-five.
"Q Maybe forty? [209 Cal. App. 3d 1127]
"A Over thirty.
"Q Maybe forty?
"A I don't know.
"Q On any occasions when Mr. Yurick said, either, you, personally are senile, or anyone over forty is senile, who was there that would have overheard any of those statements?
"A Duayne Cox and Mike.
"Q Any other specific occasions you can recall?
"A No. There were several occasions, but I can't recall the actual conversation.
"Q Okay. I just want to make sure we have covered everything that you specifically recall. Have you done that?
"A To the best of my recollection, yeah, my memory.
"Q Did you ever complain about these comments to anyone, anyone at Oroville Hospital?
"Q Mrs. Antonetti, do you know any facts to support the proposition that Mr. Yurick, assuming he made the statements you say he made, made them, with the intent to drive you off your job?
"A Facts?
"Q Yes.
"Q Do you know of any facts to support the proposition that Mr. Yurick, if he made the statements you say he made, did so with the intent to cause you mental stress or suffering?
"A Just the fact that he said it. [209 Cal. App. 3d 1128]
"Q Anything else?
"A No."
In her declaration plaintiff elaborated: "Defendant Yurick's remarks were made in front of third persons and in front of co-employees on several occasions. I felt humiliated and degraded, shocked, and stunned. I felt powerless and harassed, and was very tense and nervous about going to work."
[6b] We have set out all the evidence before the trial court on Yurick's alleged outrageous conduct. We must now determine if it raises a triable issue of fact as to whether Yurick's described conduct is "so extreme as to exceed all bounds of that usually tolerated in a civilized community." (Cervantez v. J. C. Penney Co., supra, 24 Cal.3d at p. 593.) Manifestly, the standard for judging outrageous conduct does not provide a "bright line" rigidly separating that which is actionable from that which is not. Indeed, its generality hazards a case-by-case appraisal of conduct filtered through the prism of the appraiser's values, sensitivity threshhold, and standards of civility. The process evoked by the test appears to be more intuitive than analytical as in Justice Stewart's famous formula for divining hard core pornography. Acknowledging that it defied definition, he settled for an ad hoc test: "I know it when I see it." (Jacobellis v. Ohio (1964) 378 U.S. 184, 197 [12 L. Ed. 2d 793, 804, 84 S. Ct. 1676].)
Fortunately, in assessing conduct for its outrageousness quotient, some general guidance can be found in the learned treatises. Thus, on the one hand "There is virtually unanimous agreement that ... ordinary defendants are not liable for mere insult, indignity, annoyance, or even threats, where the case is lacking in other circumstances of aggravation. The reasons are not far to seek. Our manners, and with them our law, have not yet progressed to the point where we are able to afford a remedy in the form of tort damages for all intended mental disturbance. Liabilities of course cannot be extended to every trivial indignity. ... [¶] Accordingly, it is generally held that there can be no recovery for mere profanity, obscenity, or abuse, without circumstances of aggravation, or for insults, indignities or threats which are considered to amount to nothing more than mere annoyances. The plaintiff cannot recover merely because of hurt feelings. [Fns. omitted.]" (Prosser & Keeton on Torts (5th ed. 1984) § 12, pp. 59-60; Cole v. Fair Oaks Fire Protection Dist. (1987) 43 Cal. 3d 148, 155 [233 Cal. Rptr. 308, 729 P.2d 743].)
On the other hand "In special situations of extreme misconduct, recovery is allowed. ... [¶] So far as it is possible to generalize from the cases, the [209 Cal. App. 3d 1129] rule which seems to have emerged is that there is liability for conduct exceeding all bounds usually tolerated by decent society, of a nature which is especially calculated to cause, and does cause, mental distress of a very serious kind. The requirements of the rule are rigorous, and difficult to satisfy. [Fns. omitted.]" (Prosser & Keeton, supra, at pp. 60-61; see Cole v. Fair Oaks Fire Protection Dist., supra, at p. 155.)
On the spectrum of offensive conduct, outrageous conduct is that which is the most extremely offensive. Depending on the idiosyncracies of the plaintiff, offensive conduct which falls along the remainder of the spectrum may be irritating, insulting or even distressing but it is not actionable and must simply be endured without resort to legal redress. Yurick's alleged conduct, while objectively offensive and in breach of common standards of civility, was not so egregiously outside the realm of civilized conduct as to give rise to actionable infliction of mental distress.
Our conclusion is not altered by the fact that Yurick was plaintiff's superior in the workplace. It is of course true that "The extreme and outrageous nature of the conduct may arise not so much from what is done as from abuse by the defendant of some relation or position which gives the defendant actual or apparent power to damage the plaintiff's interests." (Prosser & Keeton, supra, at p. 61; see Newby, supra, 60 Cal.App.3d at p. 297.)
However, plaintiff has provided no details of the specific employment setting in which the offending statements were made, except to note that a coworker was present. Absent the relevant context, there is no showing that Yurick abused his position as plaintiff's superior in the workplace. In fact, when asked to do so plaintiff was unable specifically to relate Yurick's alleged conduct to the employment context. Rather it appears from plaintiff's deposition testimony that Yurick's allegedly actionable remarks were only milder expressions of his customary and usual manner of communicating in the workplace. As plaintiff put it: "So, for him to tell me that I was over forty and senile was really not so bad as to what could come out of Mr. Yurick's mouth."
Cases relied upon by plaintiff arising in an employment context are distinguishable on their facts. In Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal. 3d 493 [86 Cal. Rptr. 88, 468 P.2d 216], plaintiff was first pilloried with a universally condemned racial epithet and then abruptly fired. (Pp. 498-499; see also Agarwal v. Johnson (1979) 25 Cal. 3d 932, 941-947 [160 Cal. Rptr. 141, 603 P.2d 58].) In Kelly v. General Telephone Co. (1982) 136 Cal. App. 3d 278 [186 Cal. Rptr. 184], plaintiff was deliberately and falsely accused of a felony (p. 287). In Lagies v. Copley (1980) 110 Cal. App. 3d 958 [209 Cal. App. 3d 1130] [168 Cal. Rptr. 368], plaintiff's pleadings charged "more than mere insulting language, more than mere direction of job activities." (P. 974.)
Since Yurick's showing completely negated an essential element of intentional infliction of mental distress, i.e., outrageous conduct, he is entitled to summary adjudication as to that cause of action. (Fireman's Fund Ins. Co. v. City of Turlock (1985) 170 Cal. App. 3d 988, 994 [216 Cal. Rptr. 796].)
After Yurick filed this petition we notified the parties we were considering issuing a peremptory writ in the first instance and invited opposition. Plaintiff has filed opposition. Having complied with the procedural requirements delineated in Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal. 3d 171 [203 Cal. Rptr. 626, 681 P.2d 893], we are authorized to issue a peremptory writ in the first instance.
Let a peremptory writ of mandate issue directing respondent superior court to vacate its order denying Yurick's motion for summary judgment and to enter a new order granting the motion. Yurick is to recover his costs.
Carr, J., and Sims, J., concurred.
FN 1. Code of Civil Procedure section 437c, subdivision (g) requires the court, when its denial of a motion for summary judgment is based on the existence of a triable issue as to one or more material facts, to specify those facts with references to supporting evidence. The court also must state its reasons for any other determination. Here, respondent court failed to specify any facts and did not state any reason for denying summary judgment on the age harassment claim. Nevertheless, because the court denied the motion "in its entirety," we will proceed to a consideration of the merits of the petition.
FN 2. At least that is plaintiff's characterization of Mr. Yurick. For present purposes we assume the facts are as stated by plaintiff. Whether Mr. Yurick would admit the self-debasing description ascribed to him by plaintiff is another matter.
of California Court of Appeal opinions.


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Fernando Caudevilla: Spanish doctor advises drug users on the dark web's Silk Road
Family physician and illicit drugs expert Dr Fernando Caudevilla has taken doctor-patient confidence to a whole new level. For the past 18 months, 40-year-old Caudevilla has donated his spare time providing tailored harm-reduction advice to users of the illicit drug markets on Silk Road.
Silk Road is a marketplace where drug users can order any illegal drug they like, from cannabis to heroin, which is then delivered by regular post. Although the site shut down briefly when its alleged founder was arrested in October last year, it was soon reopened by the administrators of the former site and is more active than ever.
Under the pseudonym "DoctorX", Caudevilla has been most active on the now-notorious Silk Road website. "I would like to contribute to this forum offering professional advice in topics related to drug use and health," Caudevilla, wrote on the Silk Road discussion forum in April 2013. The response was overwhelming. The doctor was inundated with questions about drug interactions, risks of use in people with specific medical conditions, dosage levels, adverse effects and toxicity. Users asked about enhancing sexual experiences with ecstasy, alleviating cancer-related pain with cannabis and how to store psychedelics to ensure their longevity.
His advice thread on Silk Road has had more than 64,000 visits and he has answered 750 questions in it. He is also active on The Hub, a centralised discussion forum for all the dark markets (that cannot be accessed on the regular internet) and answers questions by private message. "The doc is a pillar of the community" wrote one user, TheChain, last month. "If I went to my doc with some of the questions he's answered I would get the same old 'drugs are bad' response even though I was going to do it without his consent."
This refusal to pass judgment has made Caudevilla, one of the most respected voices of Silk Road. When one member said they were thinking about trying dissociatives (a class of hallucinogen, which distort perceptions of sight and sound and produce feelings of detachment or dissociation), the doctor went through the effects and dosages of each, and provided his recommendation and the problems associated with it.
Doctors can lead the way to healthier drug policies – join IDHDP now.


A building in a Taupō industrial area has been evacuated due to a crack venting steam.
A police spokeswoman said employees at a Manuka St premises had been evacuated due to the crack which was venting hot steam on the rear of the property.
She said technical experts were at the scene and police had been stood down.


text:
Dealing with waste lithium batteries
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Caroline Hand discusses how to dispose of waste lithium batteries.
Lithium batteries come in a variety of shapes, sizes and chemistries. Besides the use of small lithium button cells used in watches, digital cameras and other consumer appliances, there are many specialised batteries for scientific, military, aerospace and commercial applications. There are two basic categories of lithium battery: non-rechargeable batteries containing lithium metal, and rechargeable batteries containing salts of lithium. Rechargeable lithium ion (li-ion) batteries are used in mobile phones and laptops, and larger versions power electric cars. Lithium polymer batteries are a category of li-ion rechargeable batteries, which have a range of laboratory and scientific applications, as well as being used in consumer electronics such as laptops and tablets.
Hazards of waste lithium batteries
Lithium metal heats up when exposed to water and can easily catch fire. Lithium-ion batteries were implicated in a plane crash in Dubai in 2010 and consignments of these batteries are now banned from UK and US aircraft, although individual passengers are still allowed to take their laptops on board.
Those responsible for workplace health and safety should be aware that batteries containing metallic lithium become hazardous when the outer casing is damaged and the contents exposed. If improperly disposed to landfill, the batteries can catch fire below the surface of the landfill; landfill fires can burn for a long period and are very difficult to extinguish. However, most consumer batteries still end up in landfill and this is not regarded as a serious risk to the environment. Lithium batteries should never be incinerated due to the risk of explosion.
Lithium batteries can provide extremely high currents and can discharge very rapidly when short-circuited. A too-rapid discharge of a lithium battery can result in overheating of the battery, rupture, and even explosion. Lithium-thionyl chloride batteries are particularly susceptible to this type of discharge. Consumer batteries are much safer, as they incorporate overcurrent or thermal protection or vents in order to prevent explosion.
Pros and cons of recycling
With the exception of lead acid vehicle batteries, battery recycling has not been an economic option in the past as it costs much more to recycle a battery than to dispose of it to landfill. Furthermore, although battery recycling conserves valuable metals, according to US statistics recycled lithium is five times more expensive than lithium obtained through mining and uses six times as much energy as the processing of virgin ore. Lithium-ion batteries only contain a very small percentage of lithium, which is not economic to recycle.
Strategic value of lithium
One of the key justifications for recycling waste electrical and electronic equipment is that it conserves valuable metals such as rare earths, which are either scarce or can only be found outside the EU — whether in China or in politically unstable regions. In the case of lithium batteries, there is not such a strong rationale for recycling.
Lithium is not included in the EU's list of critical raw materials because, compared with other metals, both the supply risk and economic importance are relatively low. However, it was classified as a strategically important metal by the UK Parliament's Science and Technology Committee on account of the projected growth in demand for vehicle batteries. In 2011, the University of Michigan carried out a study into the availability of lithium and concluded that global resources are adequate to meet the demand for electric vehicles throughout this century; looking further ahead, though, an EU study predicted that reserves could be exhausted by 2050 if there is high market penetration of electric vehicles. Over 40% of the world's lithium reserves lie in Bolivia and Chile, but Bolivia has not yet allowed overseas companies to mine the salt flats in which the deposits are found.
The Batteries Regulations 2009
It is important to know the impact of the Batteries Regulations 2009. The EU Batteries Directive, implemented in the UK by the Waste Batteries and Accumulators Regulations, introduced a producer responsibility regime for batteries by which manufacturers and importers of batteries pay for their collection and recycling. Retailers and other suppliers who sell more than 32kg of batteries each year must take them back from consumers free of charge, and battery collection bins are now seen in most stores. The UK as a whole was set a target of 25% collection of consumer batteries by 2012, rising to 45% by 2016. DEFRA's statistics indicate that the initial target has been met, with a provisional figure of 27.71% of batteries collected for recycling in 2012.
The actual recycling is organised by compliance schemes such as BatteryBack, which collects batteries on behalf of its members and ensures that they are recycled to the standards laid down in the directive. For lithium batteries, at least 50% of the collected batteries must be recycled (the targets are higher for lead-acid and Nickel Cadmium (NiCd) batteries).
This legislation has created a market for battery recycling and has resulted in the development of new infrastructure. Until recently, all collected batteries were sent to other European countries, such as Belgium, for recycling. However, UK capacity is now set to grow significantly. Europe's first facility for the recycling of lithium ion batteries was opened at Golspie, Scotland in 2004 by AEA Technology and, in October 2010, Veolia unveiled its plans to build a recycling facility for portable (consumer) batteries. This new capacity should reduce the cost of recycling relative to disposal.
Recycling of lithium batteries
Lithium battery recycling is well established in the USA and an American company gives the following description of their recycling process:
"Lithium ion batteries are recycled in a specialised 'room temperature, oxygen-free', mechanical process during which the battery components are separated into three end products. These items are cobalt and lithium salt concentrate, stainless steel and copper, aluminium and plastic. All of these materials are then put back on the market to be reused in new products."
To recycle batteries containing lithium metal, ferrous and non-ferrous metals are recovered using an alkaline solution, and the lithium is converted to lithium carbonate, which can be used again in batteries.
Another US company uses liquid nitrogen to freeze lithium-based batteries before shredding, crushing and removal of the lithium, as well as other battery components. The lithium is dissolved in a solution to make the metal non-reactive and is sold for producing lubricating greases. Similarly, the cobalt is separated, collected and sold.
Practical guidance on management of waste lithium batteries
Ideally, all waste batteries should be collected separately and sent for recycling. Free collection services are offered by the battery compliance schemes and waste contractors. With lithium batteries, care must be taken to ensure that the batteries are not damaged while awaiting collection. On no account should these batteries be incinerated.
Special precautions and procedures are necessary for lithium polymer batteries. Undamaged batteries should be discharged and stored safely in salt water; the detailed procedure is given below.
Place the Lithium Polymer battery in a fireproof container or bucket of sand.
Connect the battery to a Lithium Polymer discharger and discharge safely until its voltage reaches 1.0V per cell or lower. For resistive load type discharges, discharge the battery for up to 24 hours.
Prepare a bucket or tub containing three to five gallons of cold water, and mix in 1/2 cup of salt per gallon of water. This container should have a lid, but it does not need to be airtight.
Drop the battery into the salt water. Allow the battery to remain in the tub of salt water for at least two weeks.
Remove the Lithium Polymer battery from the salt water and dispose of as hazardous waste.
Damaged batteries should be placed directly into salt water and disposed of as hazardous waste.
Hazardous waste classification and transport
Workplace management may be somewhat surprised to know that lithium batteries are not classified as hazardous waste by the Hazardous Waste Regulations 2005. The European Waste Catalogue lists NiCd and mercury-containing batteries as hazardous, but there is no specific category for lithium batteries, merely a category of "other batteries" classified as non-hazardous.
Lithium is, however, mentioned in the Environment Agency's guidance on hazardous waste as a substance whose presence could render a waste hazardous on account of its flammability.
Waste management companies are likely to err on the side of caution where batteries are concerned: for example Wastecare, which is a partner in the Batteryback scheme, consigns all batteries as hazardous waste. Where lithium batteries are mixed with other types of battery the consignment should be classified as hazardous waste.
The Environment Agency, in its guidance on battery returns, explains that although non-hazardous in terms of the 2005 Regulations, lithium batteries still present a risk. It should be realised that they should not be put in the post (and are banned from air mail) and are subject to dangerous goods legislation when transported by road, rail or sea. Lithium batteries are classified by the ADR Regulations as Class 9 (other dangerous goods) and must be packaged in a UN container conforming to Packing Group II specifications.
Last reviewed 2 October 2013
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This campaign ended on November 12, 2017, but you can still make a gift to Missouri State University by clicking here!
UPDATE: Thank you everyone! The $500 matching funds from CHPA Dean Victor Matthews have all been added to the project, but you can issue your own match to help the campaign!
We need your help to raise funds to continue excavations at an archaeological dig at the Sugar Potato site in Van Meter State Park in Saline County, Missouri. The excavations will begin on October 23, 2017 and end on November 3, 2017. The site occurs in an area where prehistoric Native Americans and perhaps even the historic Missouria tribe were mining flint to make stone tools. Previous excavations at the site near the mine pits revealed a long record of stone tool making, dating as far back as 2,000 years ago.
Your support will provide Missouri State students with the opportunity to participate in groundbreaking archaeological research.
Please consider a gift of any amount today!
For more information on this project, please contact JackRay@missouristate.edu at the Missouri State University Center for Archaeological Research.
For questions on incentives, to request your t-shirt size or schedule the site visit with your $500 contribution, please contact Glenna Dement at Glenna214@live.missouristate.edu.
$250 incentive - One spiral-bound copy of "Projectile Point Types in Missouri and Portions of Adjacent States" signed by author Jack Ray, as well as one Missouri Archaeological Society T-Shirt. Multiple sizes available.


Bullet for My Valentine (WOW Prism #26) is a deep rusty red - appearing brown in some lighting - packed full of gorgeous holographic "shards." It's absolutely perfect for the upcoming Fall and Winter seasons!
The only word that can describe it is WOW! I purchased this from Llarowe and it is still in stock as I type this.
Dance Legend is a Russia-based company and ships world-wide. You can check out the Dance Legend site and the Dance Legend Facebook page for more information.
Dance Legend is also sold at Llarowe, Color4Nails and various other e-tailers worldwide. The WOW Prism Collection retails for $13.00.
Wow, this is a beauty! I overlooked these for sure!


Rehearsal photos for Ian Rickson's new production of Harold Pinter's Betrayal has started previewing at the Comedy Theatre in London.
Ian Rickson's new production of Harold Pinter's Betrayal has started previewing at the Comedy Theatre in London.
Produced by Sonia Friedman Productions, the play stars Kristin Scott Thomas, Douglas Henshall and Ben Miles.


Stilllll a few weeks behind. I found this bit of wood in an abandoned sauna's log store in Finland. It was as hard as hell and nice and dry. So I picked it up and it has been on my shelf since then. It was a pain to carve as there were a lot of knots in the top. It also took way longer than I thought it would – I think because it was quite a chunky design.


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Pinduteros Awards
Published by Foundation for Media Alternatives (FMA) on December 15, 2014 December 15, 2014
Quezon City, Philippines — HROnline Philippines in partnership with the Foundation for Media Alternatives (FMA) organized the 4th Human Rights Pinduteros' Choice Awards at Conspiracy Bar, Quezon City on December 1, 2014. This event recognizes the notable works of human rights defenders in utilizing the Internet in promoting and upholding human rights. "Internet Rights are #HumanRights" was the theme of the said event.
Some of the awards given were Awards for HR Campaign, Awards for HR Website, Awards for HR BlogSite, Awards for HR Event, Awards for HR Video, Awards for HR Photo, Awards HR for Off-The-Shelf, among others. Winners of the awards were selected through a month-long online voting which was done from October 25-November 25, 2014.
FMA also awarded the "Internet Freedom Award", a first of its kind, to two distinguished personalities, Mr. Obet Bersola and Ms. Merl Opeña, for their valued contribution to the development of the Internet and Human Rights movement in the Philippines.
Lightning talks on Internet and Human Rights topics were also shared by speakers like Ms. Mae "Juana Change" Paner on the use of social media in campaigns, Ms. Naomi Fontanos of GANDA Filipinas on gender and human rights issues online, Ms. Nica Dumlao on the Take Back the Tech Campaign, and Mr. Al Alegre on privacy and surveillance in the Philippine context.
This event celebrates both the struggles and victories of human rights defenders and advocates in the continuous struggle for the promotion and defense of human rights both in the online and offline world.
Categories: Internet Rights
FMA's statement on the International Day for Universal Access to Information | September 28, 2022
Information is the crux of democracy. While it can exist on its own, it could be processed and turned into knowledge, which helps citizens make informed decisions not only in their everyday lives but in Read more…
Digital Rights Roundup
On cybercrime, security, and SIM card registration: The FMA Digital Rights Roundup (September 1-15, 2022)
SECURITY EXPERT LAUNCHES UNIFIED CYBERSECURITY PLATFORM CHALLENGES TIn a recent press briefing, Ian Felipe, Trend Micro Philippines country manager, told journalists that local organizations have to act fast because they were identified in Trend Micro's Read more…
On cyber libel, telco competition, and the new OSAEC law: The FMA Digital Rights Roundup (August 1-15, 2022)
POLICE ARREST EX-VP CANDIDATE WALDEN BELLO FOR CYBER LIBEL Former vice presidential candidate and Laban ng Masa chairperson Walden Bello was arrested for two counts of cyber libel by the police on Monday, August 8. Read more…