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BEKINS MOVING STORAGE CO v. PRUDENTIAL INSURANCE COMPANY OF AMERICA
BEKINS MOVING & STORAGE CO., Plaintiff and Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., Defendants and Respondents.
B012854.
Seyfarth, Shaw, Fairweather & Geraldson, Evans & Harter, Robert L. Ivey and Ellen Hodgson Brown, Los Angeles, for plaintiff and appellant. Robert S. Manns, G. Richard Green and Carol R. Mitchell, Los Angeles, for defendants and respondents.
Bekins Moving & Storage Company (Bekins) appeals the summary judgment granted in favor of the Prudential Insurance Company of America (Prudential) and Property Management Systems, Inc. (PMS). Bekins contends that notwithstanding its failure to exercise its option to renew its lease in accordance with the terms of the lease agreement, it is entitled to equitable relief, based on the following grounds:
1. Bekins' actions in relation to the leased properties provided sufficient notice to Prudential of Bekins' intent to renew. Hence, Bekins was in substantial compliance with the requirements of the renewal option.
2. Where, as here, the delay was slight, the loss to lessor was small, and denial of relief would result in such hardship to lessee as to make it unconscionable to enforce literally the condition precedent to the lease, equity should intervene. (F.B. Fountain Co. v. Stein (1922) 97 Conn. 619, 118 A. 47.)
3. California law protects Bekins against a forfeiture.
We disagree and affirm.
In 1971, Bekins leased an office building on Flower Street, from Prudential's predecessor in interest. The parties entered into a 10-year written lease agreement with options to renew. The initial term of the lease was to expire in April 1981. The monthly rental agreed upon was $4,950.
By subsequent amendment the parties agreed to extend the initial term of the lease to December 31, 1981. Bekins was also given the option to renew the lease for three 5-year periods, provided that it gave Prudential written notice of its intent to renew, no less than six months prior to the expiration of each term of the lease.
On timely and proper exercise by Bekins of its option to renew, the monthly rental for the property was to remain at $4,950 subject only to an upward adjustment in proportion to the increase, if any, in the consumer price index.
Bekins also obtained a long-term lease for the building across the street from its offices on Flower Street. After that, Bekins operated the two buildings as one office complex and made substantial improvements in both buildings.
In 1977, the leased properties were purchased by Prudential and were thereafter managed by PMS.
In 1980, by petition to the city council, Bekins changed the name of the street leading to the leased properties to Bekins Way.
Between February and June 1981, there was an exchange of letters between Mr. Gallego, the legal counsel for Bekins, and Mr. Moore, a senior property manager for PMS, regarding the installation by Bekins of certain air conditioning equipment in the Flower Street property. The installation cost Bekins $61,000.
Under the lease agreement, Prudential would have the right to require Bekins to remove any improvements made by it on expiration of the lease, or leave them on the premises. During the course of correspondence regarding the air conditioning, Mr. Moore specifically reminded Mr. Gallego of this provision, stating: "All terms and conditions of Paragraph 6 of the lease covering the 777 Flower Street property shall apply to this installation."
Bekins failed to give written notice before June 30, 1981, of its intent to renew the Flower Street lease. PMS was aware of Bekins oversight as evidenced by Mr. Moore's letter to his superior. Bekins broached the matter of renewal of the lease for the first time, in September 1981. A meeting was held at Mr. Gallego's request, between Mr. Gallego and representatives of PMS, to discuss the Flower Street lease. At that meeting, Mr. Gallego acknowledged that Bekins had neglected to exercise its option to renew its lease in writing as required. Nevertheless, he stated that Bekins wanted Prudential to know that "Bekins of course intended to remain in the building through the option term."
Mr. Moore immediately informed Mr. Gallego that the lease would expire on December 31, 1981, and for continued occupancy of the premises by Bekins beyond that date, Prudential would require a new agreement.
A couple of days later, Mr. Gallego wrote to Mr. Moore purporting to exercise Bekins' option to renew its lease. Mr. Gallego stated in his letter dated October 1, 1981, that the previous exchange of correspondence regarding the air conditioning constituted sufficient notice of Bekins' intention to continue to occupy the premises under the original terms.
In his reply, Mr. Moore reiterated that Bekins had not exercised its option to renew its lease. He elaborated:
"(1) ․ in order for The Bekins Company to have exercised said Option to Renew, it was required that said exercise of option be in writing, be delivered personally or by certified or registered mail, and be delivered at least six (6) months prior to December 31, 1981. None of these criteria were met.
"(2) At no time prior to our conversations of the past two weeks did I, or any other representative of Property Management Systems, know of Bekins 'desire to remain on the premises under the original terms of the lease'. Furthermore, it was specifically communicated to you in our recent meeting that Bekins had failed to exercise the subject Option to Renew and that the lease covering the referenced property will expire on December 31, 1981.
"(3) The installation of air conditioning equipment on the referenced property has nothing to do with the subject Option to Renew. None of my conversations with you concerning the air conditioning equipment or the letters you refer to in your letter of October 1, 1981 ever dealt with or referred to Bekins exercise of the subject Option to Renew.
"If you are interested in discussing a new lease on the subject property, we will be happy to sit down and discuss the situation with your representatives. However, I again reiterate the facts—The Bekins Company lease on the referenced property will expire on December 31, 1981." (Emphasis in original.)
In November 1981, Bekins and Prudential entered into a new five-year lease agreement regarding the Flower Street property, which increased the rent from $4,950 per month to $18,900 per month. The initial term of the lease ran from January 1982 to December 31, 1986, with Bekins having the option to renew for two additional five-year periods. Under this agreement, the rent was subject to further increases, at the end of each five-year period.
Bekins filed a complaint against Prudential and PMS in which it sought a judgment declaring the 1971 lease, together with its options, to be in full force and effect, and declaring the new lease executed in November 1981 to be void. Bekins also sought restitution of claimed excessive rent paid by it, as well as damages for breach of contract.
Both sides moved for summary judgment. After a hearing, the trial court granted summary judgment to Prudential and PMS, and denied the motion for summary judgment by Bekins.
This appeal followed.
Bekins' plea for equitable relief finds no support in California case law.
" 'An option is an offer by which a promisor binds himself in advance to make a contract if the optionee accepts upon the terms and within the time designated in the option. Since the optioner is bound while the optionee is free to accept or not as he chooses, courts are strict in holding an optionee to exact compliance with the terms of the option.' " (Simons v. Young (1979) 93 Cal.App.3d 170, 182, 155 Cal.Rptr. 460, quoting Hayward Lbr. & Inv. Co. v. Const. Prod. Corp. (1953) 117 Cal.App.2d 221, 229, 255 P.2d 473.)
In order to avail himself of the right to renew a lease as provided for by a lease option, a tenant must apprise the lessor in unequivocal terms of his unqualified intention to exercise his option, within the time, in the manner and on the terms stated in the lease. (42 Cal.Jur.3d, Land Law and Tenant, § 291, p. 328; Hayward Lbr. & Inv. Co. v. Const. Prod. Corp., supra, 117 Cal.App.2d at pp. 227–228, 255 P.2d 473.)
Bekins concedes that it failed to timely exercise its option on the Flower Street building. Bekins claims, however, that its actions in relation to the leased properties constituted actual notice to Prudential of its intent to renew, and that there was substantial compliance with the requirements of the renewal option.
Bekins contends that the substantial improvements made by it to the two properties just before the option date was notice to Prudential of its intent. Conduct by a lessee, alone, is insufficient to warrant equitable relief upon failure by lessee to timely exercise its option to renew a lease. There has to be substantial evidence of conduct by the lessor upon which lessee relied in failing to give notice. There is absolutely no showing in the instant case that Prudential, by its conduct, waived the requirement of written notice. (Simons v. Young, supra, 93 Cal.App.3d at p. 179, 155 Cal.Rptr. 460.)
Bekins' reliance on the doctrine of substantial compliance is also futile. The doctrine of substantial performance comes into play only when there exists a binding contract. An option is but an offer which expires by its own terms if it is not accepted within the time prescribed. (Rosenaur v. Pacelli (1959) 174 Cal.App.2d 673, 676–677, 345 P.2d 102.)
Consequently, there can be no question of substantial compliance with the terms of a contract that never came into existence.
Bekins asks this court to be guided by cases decided in other states which have granted equitable relief. Primarily it relies on F.B. Fountain Co. v. Stein, supra, 118 A. 47, wherein the court said, in granting equitable relief, that "in cases of mere neglect in fulfilling a condition precedent of a lease, ․ equity will relieve when the delay has been slight, the loss to the lessor small, and when not to grant relief would result in such hardship to the tenant as to make it unconscionable to enforce literally the condition precedent of the lease." (Id., 118 A. at p. 50.) The Fountain court acknowledged that under the better rule equity would never relieve in cases of willful or gross negligence in failing to fulfill a condition precedent of a lease. (Ibid.)
Bekins asserts that all the prerequisites stated in Fountain for granting equitable relief are present in the instant case. Even conceding arguendo the accuracy of this claim,1 we are not persuaded by Fountain or the line of cases that have followed it.2 We prefer the reasoning reflected in those cases which hold that equitable relief is not available, where failure to renew a lease within the time prescribed was due solely to lessee's negligence. (See Annot. (1984) 27 A.L.R.4th 278–280.)
We also disagree with Bekins' assertion that with the exception of Simons v. Young, supra, California cases follow the Fountain doctrine.3 Streicher v. Heimburge (1928) 205 Cal. 675, 272 P. 290, is cited as an example. In Streicher, the lease option had been properly exercised but the rent for the renewal period was to be agreed upon by the parties. The issue before the court was whether reaching an agreement as to the rent was a condition precedent to the effectiveness of the option renewal. The court found it was not and stated: "We may concede also that the right of renewal depended upon the giving of notice to the respondent within the time and in the manner stated in said paragraph, but here again a situation might be easily supposed where a court of equity would be warranted in decreeing the vesting of the new term notwithstanding the failure of the lessees to literally live up to said requirements. (See Fountain Co. v. Stein, 97 Conn. 619 [118 Atl. 47, 27 A.L.R., p. 976 and note].)" (Streicher v. Heimburge, supra, at p. 681, 272 P. 290.) The statement quoted is dicta, and not entitled to precedential value. (Simons v. Young, supra, 93 Cal.App.3d at p. 188, 155 Cal.Rptr. 460; People v. Gregg (1970) 5 Cal.App.3d 502, 506, 85 Cal.Rptr. 273.)
In a later, and more direct statement, albeit also in dicta, the California Supreme Court stated that the time within which an option must be exercised cannot be extended beyond that provided in the contract. (Holiday Inns of America v. Knight (1969) 70 Cal.2d 327, 330, 74 Cal.Rptr. 722, 450 P.2d 42.)
Simons v. Young, supra, 93 Cal.App.3d 170, 155 Cal.Rptr. 460, followed the precept that a lessee must exercise his option within the time, in the manner and upon the terms stated in the lease. "[W]hile a court may grant relief on traditional grounds for equitable intervention such as fraud, accident or mistake, it may not grant equitable relief to extend an option period beyond that agreed to by the parties when, as here, the failure to timely exercise the option is due entirely to the inadvertence or neglect of the optionee to which the optioner in no way contributed." (Id., at p. 182, 155 Cal.Rptr. 460.) Far from being an "aberrant opinion" as Bekins claims, Simons correctly reflects the law and policy of California regarding the granting of equitable relief upon lessee's failure to exercise its lease option.
Where, as here, "a rule of law is clearly established by a decision of the courts of California we are not at liberty to overrule it in favor of one followed in decisions of other states." 4 (Estate of Perez (1950) 98 Cal.App.2d 121, 123, 219 P.2d 35; Schneider v. Schneider (1947) 82 Cal.App.2d 860, 862, 187 P.2d 459.)
Bekins correctly states that pursuant to Civil Code section 3275,5 California courts afford relief from forfeiture in appropriate cases. However, that policy has no application to the facts before us.
In order for there to be a "forfeiture" there must be some right or vested interest involved. An option is merely an offer.
Barkis v. Scott (1949) 34 Cal.2d 116, 208 P.2d 367, and Freedman v. The Rector (1951) 37 Cal.2d 16, 230 P.2d 629, relied upon by Bekins for the proposition that California courts have afforded relief from forfeiture, are entirely distinguishable. Those cases do not deal with options but with contracts to purchase property.
Nor does Title Insurance & Guaranty Co. v. Hart (1947) 160 F.2d 961, deal with failure to timely exercise an option to renew a lease. The court in Title Insurance specifically found the lessee to have exercised his option to renew the lease "well within the time [prescribed]" (at p. 966) and therefore held that minor breaches by a tenant who had made large investments in the property, should be overlooked. That ruling was followed in Kaliterna v. Wright (1949) 94 Cal.App.2d 926, 936, 212 P.2d 32, in which relief against forfeiture was afforded.
Bekins has failed to demonstrate entitlement to relief on any of the grounds asserted. No triable issue of material fact remains unresolved. The granting of summary judgment was entirely proper. (Code Civ.Proc., § 437c, subd. (c); 6 Hepp v. Lockheed-California Co. (1978) 86 Cal.App.3d 714, 717, 150 Cal.Rptr. 408.)
1. The notice of intent to renew was late by three months in the instant case in contrast to the notice that was late by four days in Fountain. Also, unlike in Fountain, Prudential never sought a surrender of the leased property on expiry of the term.
2. For a discussion of cases granting such equitable relief see Annotation (1984) 27 A.L.R.4th 277–278, section 4a.
3. Bekins also states that even prior to the Fountain decision, the California Supreme Court in Hall v. Center (1870) 40 Cal. 63 "found an option contract to be an appropriate occasion for equitable relief." However, that case merely stands for the now accepted proposition that lack of "mutuality" does not make it inequitable to enforce a validly exercised option.
4. American Houses v. Schneider (3rd Cir.1954) 211 F.2d 881; Wharf Restaurant, Inc. v. Port of Seattle (1979) 24 Wash.App. 601, 605 P.2d 334; J.N.A. Rlty. Corp. v. Cross Bay Chelsea, Inc. (1977) 42 N.Y.2d 392, 397 N.Y.S.2d 958, 366 N.E.2d 1313; Geo. W. Millar & Co. v. Wolf Sales & Service Corp. (1971) 65 Misc.2d 585, 318 N.Y.S.2d 24; Sosanie v. Pernetti Holding Corp. (1971) 115 N.J.Super. 409, 279 A.2d 904; Deane v. Mitchell (1950) 312 Ky. 389, 227 S.W.2d 893; Application of Topp (N.Y.Sup.1948) 81 N.Y.S.2d 344; Galvin v. Simons (1942) 128 Conn. 616, 25 A.2d 64; Xanthakey v. Hayes (1928) 107 Conn. 459, 140 A. 808.
5. Civil Code section 3275 provides: "Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty."
6. Code of Civil Procedure section 437c, subdivision (c), provides in relevant part: "The motion [for summary judgment] shall be granted if all the 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."
WOODS, Presiding Justice.
ARGUELLES and FIELDS, JJ.*


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Ring of Champions
Driver Info
Track Points
Reserving the Track
The Greenville Pickens Speedway
There's no sound on earth like what you'll hear at the racetrack. Drivers pushing their cars to the max, battling for the checkered flag. Greenville Pickens Speedway offers the thrill of racing for the whole family.
This half-mile of historic asphalt offers an experience you won't find anywhere else in the Upstate. Kids 6 and under get in for free and will have a memory they won't forget. From the time gates open till the checkered flag waves, you'll have a whole evening of entertainment.
Shout Out from Austin Dillon
More Than a Racetrack
We do a lot of racing at Greenville Pickens Speedway. But there's a lot of action outside of those four turns. Each year we host the Upstate Holiday Lights show. It's one of the best in the Southeast.
Holiday Lights Show
The Upstate Holiday Light Show starts Thanksgiving night! Don't miss one of the best holiday lights shows in the Southeast.
Track Schedule
Check here for our 2022 race schedule. We can't wait to see you at the track!
UPDATE FROM THE INFIELD
Things are moving along for the 2022 schedule!
Be sure to check back here and our Facebook page for the latest race details.
View The Schedule
If you're looking for the most up to date information from the Speedway, subscribe to our emails. We won't spam your inbox, but we will provide you with great information, special events, and more!
Let's Go Racin'!
For 80 years, Greenville Pickens Speedway has been the center of racing in the Upstate. As a NASCAR sanctioned track within NASCAR Roots, it features some of the biggest names in racing. Drivers like David Pearson and Richard Petty paved the way for racing's new stars.
Chase Elliott, Bubba Wallace, Joey Logano, and our local NASCAR Hall of Famer, and track owner, Anthony Anders, each cut their teeth right here at Greenville Pickens Speedway.
The racing is important, but we want our fans to have a blast. Here's what a few have to say about their experience…
What Our Fans Are Saying
"This place is awesome. Recommend to grab a group of friends and come out to enjoy the races."
Dustin K.
"Great place for family fun. No smoking in stands, plus great food and racing. Great management. This is something we all can afford to do with the family."
"We always go for the fair and the Christmas lights. Both are amazing!"
Laura R.
"My son loves going to the races. You can drive in, park, and bring your own food and drinks. There isn't a bad place to view the race track in the whole place."
Jake M.
Holiday Light Show
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Endorsements October 02nd, 2010
Celebrity Endorsement Guide
by Martin Roll
Nike is known around the world for being one of the most iconic brands. It was recently ranked as the world's 25th most valuable brand in terms of its brand value – USD10.8 billion – by the annual Business Week's global top 100 brand survey.
In spite of many market maneuvers (such as the recent merger between Adidas and Reebok), Nike has remained the leader in its category. Nike is also very well known for another aspect and that is its consistent use of celebrities to endorse the brand. In fact one of the most successful collaborations between a brand and a celebrity is that of Nike and Michael Jordan.
So successful was the collaboration that Nike and Jordan launched a new brand variant called the Air Jordan line of sport shoes. Nike pulled off a very similar coup in the sports industry when it joined forces with the ace golfer Tiger Woods to enter the golf category with its apparel, equipment and accessories. Nike had no experience in golf before. Moreover, golf being a very elite game, it was generally considered that a brand like Nike would not be very successful. This might have probably been true had Nike chosen the traditional path to building its equity in the golfing arena. But Nike chose to associate with the best golfer in the world and have him endorse the brand. As is known today, Nike has emerged highly successful in golf.
This channel now being used by many brands around the world raises some crucial questions about ways brands are built and also about the impact such collaborations have on branding. Is associating with a leading celebrity the easiest way to build a brand? Should celebrity endorsement be the principal channel of brand communications? How can brands decide on potential brand endorsers? What are the advantages and disadvantages of such endorsements? Is celebrity endorsement always beneficial to the brand? How does a celebrity enhance a brand image? Answers to these and many other related questions are the content of this post.
Endorsement is a channel of brand communication in which a celebrity acts as the brand's spokesperson and certifies the brand's claim and position by extending his/her personality, popularity, stature in the society or expertise in the field to the brand. In a market with a very high proliferation of local, regional and international brands, celebrity endorsement was thought to provide a distinct differentiation. But over the years, many aspiring brands have jumped on to this celebrity endorsement bandwagon. Even though endorsements have taken on a quasi-industry stature, there is hardly any hugely successful collaboration as those of Nike's.
Essentials of Celebrity Endorsements
Even though to an observer it may seem that Nike's success is totally based on Tiger Wood's association with the brand, nothing can be far from the truth. As a brand, Nike has established a very strong brand identity and a brand personality over the years. What Nike did was to use celebrity endorsement as one of the main channels of communicating its brand to a highly focused set of customers. So, Nike's association with Tiger Woods was one of the parts of an entire branding process that Nike has been practicing consistently. Contrary to this, most brands that have used celebrity endorsements have used it as the main brand building tool. Before any brand signs on a celebrity, they should consider three main aspects.
Attractiveness of the celebrity: This principle states that an attractive endorser will have a positive impact on the endorsement. The endorser should be attractive to the target audience in certain aspects like physical appearance, intellectual capabilities, athletic competence, and lifestyle. It has been proven that an endorser that appears attractive as defined above has a greater chance of enhancing the memory of the brand that he/she endorses.
Credibility of the celebrity: This principle states that for any brand-celebrity collaboration to be successful, the personal credibility of the celebrity is crucial. Credibility is defined here as the celebrities' perceived expertise and trustworthiness. As celebrity endorsements act as an external cue that enable consumers to sift through the tremendous brand clutter in the market, the credibility factor of the celebrity greatly influences the acceptance with consumers.
Meaning transfer between the celebrity and the brand: This principle states that the success of the brand-celebrity collaboration heavily depends on the compatibility between the brand and the celebrity in terms of identity, personality, positioning in the market vis-à-vis competitors, and lifestyle. When a brand signs on a celebrity, these are some of the compatibility factors that have to exist for the brand to leverage the maximum from that collaboration.
Even though these three major principles must be adhered to by companies, practically it might be difficult to find celebrities that satisfy all these three conditions. Depending on the nature of the brand and the kind of product being used, companies can selectively emphasize one factor over the other.
Celebrity Endorsements – Do's and Don'ts
All brands must be aware of the following aspects of celebrity branding:
Consistency and long-term commitment: As with branding, companies should try to maintain consistency between the endorser and the brand to establish a strong personality and identity. More importantly, companies should view celebrity endorsements as long-term strategic decisions affecting the brand.
Three prerequisites to selecting celebrities: Before signing on celebrities to endorse their brands, companies need to ensure that they meet three basic prerequisites, namely the endorser should be attractive, have a positive image in the society, and be perceived as having the necessary knowledge (although it might be difficult for a celebrity to meet all three prerequisites)
Celebrity–brand match: Consistent with the principles discussed earlier, companies should ensure a match between the brand being endorsed and the endorser so that the endorsements are able to strongly influence the thought processes of consumers and create a positive perception of the brand.
Constant monitoring: Companies should monitor the behavior, conduct and public image of the endorser continuously to minimize any potential negative publicity. One of the most effective ways to do this is to ensure that celebrity endorsement contracts are effectively drafted, keeping in mind any such negative events.
Selecting unique endorsers: Companies should try to bring on board those celebrities who do not endorse competitors' products or other quite different products, so that there is a clear transfer of personality and identity between the endorser and the brand.
Timing: As celebrities command a high price tag, companies should be on the constant lookout for emerging celebrities who show some promise and potential and sign them on in their formative years if possible to ensure a win–win situation.
Brand over endorser: When celebrities are used to endorse brands, one obvious result could be the potential overshadowing of the brand by the celebrity. Companies should ensure that this does not happen by formulating advertising collaterals and other communications.
Celebrity endorsement is just a channel: Companies must realize that having a celebrity endorsing a brand is not a goal in itself; rather it is one part of the communication mix that falls under the broader category of sponsorship marketing.
Celebrity ROI: Even though it is challenging to measure the effects of celebrity endorsements on companies' brands, companies should have a system combining quantitative and qualitative measures to measure the overall effect of celebrity endorsements on their brands.
Trademark and legal contracts: Companies should ensure that the celebrities they hire are on proper legal terms so that they don't endorse competitors' products in the same product category, thereby creating confusion in the minds of the consumers.
An important aspect that companies must note is that celebrity endorsements cannot replace the comprehensive brand building processes. As branding evolves as a discipline companies must be extra cautious to utilize every possible channel of communication rather than just a celebrity endorsement. When all other steps in the branding process is followed and implemented, then channels such as celebrity endorsements can provide the cutting edge as it did for Nike.
The Blake Project can help you discover the right celebrity endorsement for your brand based on emotional connection measurement. Further, we work with all of Hollywood's A list celebrities and can strategize and facilitate your celebrity endorsement.
More posts in Endorsements
Celebrity Licensing Guide For Retail
How To Evaluate Celebrity Brand Endorsements
Endorsements: Pathway Of Lazy Marketing?
Celebrities In Advertising: A Marketing Mistake?
Formula For The Right Brand Spokesperson
When The Brand Appeal Just Isn't There
The Michael Phelps Endorsement Factor


I do love barbecues, but rarely do them. They take a lot of effort, what with having to drag our Beefmaster 2000 out of the garage, and they're really messy, creating lots of smoke and spitting fat. However, today there were a few factors which meant that only a real barbecue would do. Firstly, the weather was totally ace - clear skies as far as the eye can see. Secondly, I need energy for my studies. Exams are coming up, and my recent diet of "bread, cheese and chocolate" has left me feeling a bit lethargic lately. I wanted to kick-start a month of proper food with a serious dosage of red meat. Thirdly, last Saturday was Grand Final Weekend, the weekend when most normal Australians are at home having rad barbecues, downing cans of VB or Crownies and watching the footy match. I, on the other hand, was at work all day. Now, I don't even like football (gasp!), but I did feel a massive pang of regret at missing out on a snag that day.
Dad & I did a massive shop this morning - stocking up on fish, chicken, vegetables, fruit, grains, salad and so on. And of course, we stopped in at our favourite buctcher, Rendinas, for the indespensible meat for our BBQ.
My brother and his girlfriend did the salads, whilst I worked the Beefmaster. I do love a bit of delegation.
Cooking meat - there's asparagus in the blue jug, and fennel cooking on the grill behind the steaks. Asparagus hardly take any time to cook, so I did them last.
Plate - that be some good meat. Now if that doesn't give me energy to study, I don't know what will!
Yeah!! Now that looks great.
Hey...where are the shrimp? Call yerself an Aussie.
Whoops left BBQ comment on Challah post!


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Q: Javascript: do extended ASCII characters take up more memory? I'm working on a routine to pack a dictionary, so I need to search for common letter combinations and replace them with only 1 character.
I already used up all 'normal' ASCII (<128) characters, but now I'm wondering if I can use the 128-255 range as well.
Or do these characters use more than 1 byte anyway ? I remember UTF-8 sometimes uses 2 or 3 bytes for special characters. All my javascript files use UTF-8 encoding.
So the question is, do ü, å, ê use the same amount of memory/disk space as u, a or e ?

A: JavaScript uses either UTF-16 or UCS-2 internally.  The amount of memory for a given character depends on how strings are handled in the particular JavaScript engine implementation.  It is probably safe to say though that at least 2 bytes will be used for each character.  For the characters you list, the same 2 bytes will be used for each character.
Reference:  http://mathiasbynens.be/notes/javascript-encoding

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Der Flugunfall der Spantax bei Stockholm ereignete sich am 5. Januar 1970. Eine Convair CV-990, die aufgrund eines diagnostizierten Triebwerkschadens außerplanmäßig vom Flughafen Stockholm-Arlanda zum Flughafen Zürich ausgeflogen werden sollte, geriet beim Start außer Kontrolle und stürzte zu Boden. Bei dem Unfall kamen fünf der zehn Insassen der Maschine ums Leben.

Maschine
Bei der verunglückten Maschine handelte es sich um eine 1962 gebaute Convair CV-990-30A-5 Coronado mit der Werknummer 30-10-32. Die Convair wurde im Juli 1962 an die American Airlines ausgeliefert, die die Maschine mit dem Luftfahrzeugkennzeichen N5628 und der Flottennummer 620 in Betrieb nahm. Am 29. Januar 1968 wurde die Maschine an die Spantax weiterveräußert und ging bei dieser mit dem Luftfahrzeugkennzeichen EC-BNM in Betrieb. Das vierstrahlige Langstrecken-Schmalrumpfflugzeug war mit vier Turbojettriebwerken des Typs General Electric CJ-805-23B ausgestattet. Bis zum Unfallzeitpunkt hatte die Maschine eine Gesamtbetriebsleistung von 16.940 Betriebsstunden absolviert.

Insassen
Es befand sich eine dreiköpfige Cockpitbesatzung an Bord, bestehend aus einem Flugkapitän, einem Ersten Offizier und einem Flugingenieur. Bei den sieben als Passagiere geltenden Insassen handelte es sich um das Kabinenpersonal, welches entgegen den vorgeschriebenen Verfahren den Positionierungsflug gemeinsam mit den Piloten angetreten hatte.

Wetter
Am Unfalltag herrschten in der Gegend um Stockholm Temperaturen von −27 °C und es gab starke Winde.

Unfallhergang
Mit der Maschine sollten ursprünglich schwedische Urlauber auf einem Charterflug von Stockholm-Arlanda nach Palma de Mallorca befördert werden. Während des Startlaufs funktionierte das Triebwerk Nr. 4 nicht richtig; Der Start wurde abgebrochen und die Maschine rollte zurück zum Vorfeld. Die Inspektion des Triebwerks ergab Schäden am Kompressor. Nach Rücksprache mit der Spantax-Betriebsabteilung in Madrid wurde beschlossen, das Flugzeug mit nur drei funktionierenden Triebwerken nach Zürich zu befördern, wo das Triebwerk Nr. 4 gewechselt werden sollte.

Die technische Vorbereitung des Flugzeugs für den Überführungsflug wurde durch einen Bodeningenieur der Spantax überwacht. In der Zwischenzeit erstellte die Flugbesatzung den Flugplan. Da das Briefingzentrum in Arlanda nach 21:00 Uhr geschlossen war, reichte der Kapitän den Flugplan telefonisch beim Kontrollzentrum ein. Weder beim Besprechen des Flugplans noch bei der Wetterbesprechung teilte die Besatzung mit, dass es sich bei dem Flug um einen Positionierungsflug mit nur drei funktionsfähigen Triebwerken handelte. Der Fluglotse hatte jedoch auf anderem Wege Kenntnis über Zweck und  Art des Fluges erlangt.

Um 22:08 Uhr erhielt die Besatzung eine Rollfreigabe zur Startbahn 08, aber da die Piloten der Ansicht waren, dass diese Startbahn für einen Start mit drei Triebwerken zu kurz sei, forderten sie die Freigabe zur Nutzung von Startbahn 19 an, die kurz darauf erteilt wurde. Ein weiterer Vorteil der Nutzung dieser Startbahn bestand darin, dass der Abflugkurs in südlicher Richtung mit geringfügigen Kursänderungen nach dem Start geflogen werden konnte. Während des Rollens zum Startpunkt wurden die Vereisungsschutzsysteme gemäß der Checkliste überprüft, nach der Funktionsüberprüfung wurde die Triebwerksvereisungsschutzanlage   abgeschaltet. Um 22:21 Uhr wurde die Startfreigabe erteilt. Die Triebwerksleistung der Triebwerke 1 bis 3 wurde zunächst mit angezogener Parkbremse auf Volllast eingestellt und die Leistung von Triebwerk Nr. 1 vor dem Lösen der Bremse dann auf 85 Prozent zurückgefahren. Um 22:24 Uhr begann der Startlauf der Maschine von Startbahn 19 des Flughafens Arlanda. Während des Startlaufs gierte die Flugzeugnase nach fünf bis zehn Sekunden nach rechts. Der Kapitän korrigierte dies, indem er die Leistung von Triebwerk Nr. 1 von 85 auf 80 und gleich darauf auf 60 Prozent herunterfuhr. Als die Maschine wieder auf der Mittellinie war, betätigte der Kapitän langsam wieder den Schubhebel. Die maximale Triebwerksleistung wurde eingestellt, als das Flugzeug eine Geschwindigkeit von 100 Knoten erreichte. Die Maschine rotierte bei einer Geschwindigkeit von 134 Knoten und auf 27 Grad ausgefahrenen Auftriebshilfen. Als angezeigt wurde, dass die Maschine steigt, ließ der Kapitän das Fahrwerk einfahren. Kurz nach dem Abheben wurde er von den Reflexionen der Landescheinwerfer des Flugzeugs geblendet, die in unerwartet tief über der Landebahn hängende Wolken hineinleuchteten. Anfangs hielt der Kapitän die Rotationsgeschwindigkeit von 145 Knoten und las an den Instrumenten eine Steiggeschwindigkeit von 800 Fuß pro Minute ab. Er musste das Seitenruder exzessiv nach links ausrichten, um die Maschine entlang der Startbahn zu zentrieren. Nach dem Abheben nahm die Maschine einen rechtsseitigen Rollwinkel von vier bis sechs Grad an und die Fluggeschwindigkeit fiel plötzlich um 10 Knoten und damit unter die Rotationsgeschwindigkeit. Der Kapitän beobachtete an der Maschine keine Roll- oder Giertendenz, stellte jedoch fest, dass die angegebene Fluggeschwindigkeit (IAS) nicht normal anstieg und unmittelbar nach dem Abheben die Steiggeschwindigkeit abnahm. Der Kapitän hatte das Gefühl, dass mehr Schub benötigt werde, aber alles geschah sehr schnell und kurz nachdem er den Geschwindigkeitsabfall bemerkt hatte, kollidierte das Flugzeug mit dem Gelände. Die Maschine streifte einige Baumwipfel, nahm dabei einen Rollwinkel von 10–15 Grad ein und stürzte 1800 Meter hinter dem Punkt des Abhebens zu Boden. Die Maschine schlug eine breite Schneise durch den Wald, der Rumpf zerbrach in mehrere Teile. Das Cockpit war vom Rest des Rumpfes abgerissen und, um 45 Grad nach links geneigt, zwischen Baumstämmen und dem hart gefrorenen Boden eingeklemmt.

Nach dem Unfall
Der Erste Offizier Miguel Granado, welcher im rechten Pilotensitz gesessen hatte, wurde eingeklemmt, als sein Sitz nach vorne geschoben wurde. Seine beiden Beine waren unter der Instrumententafel eingeklemmt. Sein rechter Unterschenkel war gebrochen und abgewinkelt. Sein linker Fuß war fest eingeklemmt, ebenso die linke Wade und die Achillessehne. Schräg unter ihm lag einer der Flugzeugmechaniker eingeklemmt. Dieser hatte mehrere Rippenbrüche erlitten. Granado stemmte seine Hände gegen ein freiliegendes Rohr der Rumpfkonstruktion und versuchte auf diese Weise, sich in einer aufrechten Position zu halten und die Druckausübung auf die Brust seines Kollegen zu verringern. In der extremen Kälte zog er sich schwere Kälteverbrennungen an beiden Händen zu.

Der Kapitän hatte bei dem Unfall nur leichte Prellungen erlitten. Er konnte das Wrack aus eigener Kraft verlassen. Da er sich der Gefahr der Kälteeinwirkung auf seinen Körper bewusst war, ging er umher und versuchte, seine Körperwärme aufrechtzuerhalten. Er erlitt nur leichte Erfrierungen an seinen Händen und Füßen. Die überlebenden Besatzungsmitglieder suchten in der vorherrschenden Dunkelheit und im Pulverschnee nach der Notfunkbake und konnten nach deren Auffinden Hilfe anfordern. Den Überlebenden war nicht bewusst, dass sich in nur 100 Metern von der Unfallstelle ein Haus befand, in dem eine Familie schlief, die von dem Unfall nichts mitbekommen hatte. Die Familie wurde erst später von den Geräuschen der tieffliegenden Polizeihubschrauber geweckt.

Obwohl sich der Unfall in nächster Nähe zum Flughafen ereignet hatte, dauerte es vier Stunden, bis die Rettungsmannschaften die Maschine erreichten. Der eingeklemmte Erste Offizier Granado musste über acht Stunden in der Kälte warten, bevor er aus dem Wrack befreit werden konnte. Zum Zeitpunkt des Unfalls war die Katastrophenvorsorge in Arlanda unzureichend. Ein Krankenwagen war zehn Kilometer südlich in Löwenströmska lasarettet in Upplands Väsby stationiert, war aber nicht mit Funkgeräten ausgerüstet. Rettungskräfte wurden in weißen Kitteln und mit Clogs an den Füßen zum Unfallort gebracht, um die Verletzten erstzuversorgen. Fünf Personen, darunter ein schwedischer Flugbegleiter, starben in der Kälte an ihren Verletzungen.

Ursache
Die Statens Haverikommission übernahm nach dem Unfall die Ermittlungen. Die Ermittler stellten eine Reihe von Unfallfaktoren fest. So sei es unmittelbar nach dem Start zu einem unvorhergesehenen Verlust an visuellen Referenzpunkten gekommen. Während des Übergangs vom Sicht zum Instrumentenflug sei zudem die Richtungskontrolle verloren gegangen. Die daraus resultierende Gierbewegung habe eine Rollbewegung zur Folge gehabt. Aufgrund einer Inversionswetterlage hatten ferner ein Scherwind und eine Fallbö die Maschine erfasst, wodurch es zu einem Geschwindigkeitsverlust unter das kritische Maß gekommen war.

Quellen
 Unfallbericht CV-990, EC-BNM, Aviation Safety Network
 Crash of a Convair CV-990-30A-5 in Stockholm: 5 killed, B3A – Bureau of Aircraft Accident Archives
 Unfallbericht CV-990, EC-BNM, ICAO Circular 118-AN/88, Seiten 25 bis 42.
 Hierton, Tor (1992): Mot alla odds flyger han igen  Ortopediskt magasin (Schwedisch). Solna: Landstingens inköpscentral (LIC) (1): Seite 6–9.
 Betriebsgeschichte CV-990, EC-BNM, planespotters.net

Einzelnachweise

Flugunfall 1970
Flugunfall in Schweden
Luftverkehr (Schweden)
Convair CV-990
Geschichte (Stockholm)
Verkehr (Stockholm)
Schwedische Geschichte (20. Jahrhundert)

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Words for Life - StoryBox: Tell me why, Dad!
StoryBox: Tell me why, Dad!
Tell me why, Dad! - A little boy and his dad go to a garden. The boy has lots of questions about everything he sees. Written and illustrated by Christian Voltz.
You can read the magazine online or download it (7.18MB).
Wonder with Whizkid - Why do we get head lice?
The StoryBox magazine has been kindly supplied to Words for Life by Bayard Presse.


text:
Previous: Magical Mystery Cure Equestria Girls Next: Princess Twilight Sparkle — Part 1
Movie #1: My Little Pony: Equestria Girls
Released 6/16/2013, written by Meghan McCarthy
What has happened to it all?
"Crazy," some would say,
Where is the life that I recognize?
Gone away...
But I won't cry for yesterday, there's an ordinary world
Somehow I have to find
And as I try to make my way to the ordinary world,
I will learn to survive.
A New Princess: The Mane Six and Spike arrive in the Crystal Kingdom for Twilight Sparkle's first princess summit. She's having trouble with her wings and is not yet comfortable with her new status.
Trouble in the Shadows: Sunset Shimmer, Princess Celestia's former student, steals Twilight's Element of Harmony and follows it through a mirror to another world. Twilight is sent to retrieve it, and Spike jumps in after her.
A Strange New World: Twilight emerges in a world of bipeds and finds that she now is one. Spike is now a dog. They begin searching for the crown in what they learn is a high school.
Sunset Shimmer: Twilight finds a biped equivalent of Fluttershy being questioned by Sunset Shimmer, who is also a biped here. Befriending Fluttershy, Twilight learns she found the crown and turned it in to the school. It is now the prize for the princess of the upcoming fall formal.
New Friends: Twilight asks Fluttershy for help running for fall formal princess. She also meets Pinkie Pie and Applejack and learns that they despise Fluttershy and Rainbow Dash. They all warn her that Sunset Shimmer is sure to win.
Challenges: Sunset confronts Twilight and sets Snips and Snails to muckraking while Twilight goes to the school library to do research. An old yearbook photo reveals that Fluttershy, Pinkie, AJ, Rainbow, and Rarity used to be friends.
Eye on the Prize: The next day, Twilight is a laughingstock, thanks to a humiliating video. Her new friends gather to help her, and by comparing notes they learn it's Sunset Shimmer who's been driving them apart.
Heart and Determination: Applejack and Rainbow Dash reconcile, and Rainbow challenges Twilight to a soccer match. Rainbow wins but joins to help anyway. Rarity proposes unity as Canterlot Wondercolts as the theme for Twilight's campaign.
Rally: Twilight and friends rally the students and break up the cliques with a song in the cafeteria. Sunset Shimmer turns in photos of Twilight trashing the gym, but Flash Sentry proves the photos were doctored and also asks her to the dance. The damage forces the dance to be postponed to the following night, too late for Twilight to return to Equestria.
Together: The Mane Six set about resetting the decorations, and the rest of the students join in. The dance is back on and the students cast their ballots, but Sunset Shimmer is undaunted.
The Big Night: The Mane Six get ready and attend the fall formal, where Twilight is named princess and receives her crown. Snips and Snails kidnap Spike, drawing Twilight outside, where Sunset Shimmer threatens to destroy the portal. Twilight calls her bluff, and there is a fight for the crown.
A Final Stand: Sunset Shimmer gets hold of the crown. It gives her a demonic appearance, and she uses its power to control everyone inside the school. Twilight's friends stand up for her when Sunset begins her attack, and the crown activates the power of the Elements of Harmony, undoing Sunset's magic.
Victory: Twilight's friends offer friendship to Sunset Shimmer, and the fall formal dance is held. Twilight returns through the mirror and meets Equestria's version of Flash Sentry but insists nothing will come of it.
Character: Note: Despite their odd colorations and stylized appearance, I will be referring to the biped characters as "humans," since they resemble Earth's humans about as much as the primary residents of Equestria resemble Earth's ponies.
This is definitely Twilight's story, and it fits well into the established continuity. This is the third story in a row, after Games Ponies Play and Magical Mystery Cure, to deal with her need to conquer her anxieties for the sake of the task at hand. She has plenty of challenges in the film, some of them quite specific to fears she's had in the past, including being laughed at in school, getting in trouble with Celestia, and being separated from her friends. False accusations and romantic entanglements aren't problems she's had to deal with on the show, but either would be especially stressful for someone with her personality. Yet she only needs a little bit of prodding from Spike and the supportive faces of her friends to stand up and do what needs to be done. She's more serious and resolute during the climax than I've ever seen her in the series, and whatever her appearance, the determination in her voice should warn foes not to underestimate her.
The closeness between Twilight and Spike gets a lot of attention here, and his loyalty and focus make him more endearing here than in many of his featured episodes. He also seems to adjust to being a dog pretty quickly, possibly because dogs are a familiar species in Equestria, unlike humans. This cool-headed Spike is a far cry from the panicky one we've occasionally seen, but his personality depends so much on the writer that it's hard to tell whether it's intentional character development.
The lack of warmth in Principal Celestia's voice in her first scene is an early hint that the humans may differ from their pony counterparts. It's still something of a shock to hear the contempt the alternates of the Mane Six initially have for each other. We haven't seen the whole group quarreling like this since The Ticket Master, and this is prolonged and personal. And unlike Look Before You Sleep, the squabbling isn't played for laughs. It's supposed to make us uncomfortable, but without making the characters unlikeable. I think the script strikes the right balance here, and this lends sincerity and credibility to the unity message of Twilight's fall formal campaign.
Sunset Shimmer's character is the product (some would say the victim) of the writers' approach to the film. It's my understanding that the humanized characters and the high school setting were Hasbro's idea, and the writers chose to make the story an homage to the whole genre of high school films. The common tropes of such films are played straight for the most part, with loads of irony derived from the context: This princess from a magical land, having zero experience with humans, wants to recover her kingdom's most important defensive weapon, but to do so she must become the "new girl" and challenge the spoiled popular girl who rules the school to basically become prom queen. Because the antagonist in these movies is so well-defined (TV Tropes calls her the Alpha Bitch), Sunset's personality is largely constrained to that, at least on the surface. One addition to the basic profile is her reliance on technology, which is interesting considering the world she comes from.
Hints of something more beneath Sunset's surface appear at times. The mere fact that she once was Celestia's student means the Princess must have seen something in her at one time. But as she says, "When she did not get what she wanted as quickly as she liked, she turned cruel and dishonest. I tried to help her, but she eventually decided to abandon her studies and pursue her own path." We're not told in the film how she came to the human world, but in the first of the principal's photos she looks quite meek and would have been a freshman at the time. She may have started out in this world pretty much as Twilight did and only regained her ambition over time. Her tears as she begins to transform and her sorrow afterward are in sharp contrast to the villainous tone she otherwise displays, and I think the key here is her line, "I didn't know there was another way."
Celestia points to Sunset's ambitious nature and her feeling held back, resulting in cruelty and dishonesty. In my experience, some people are just mean from the start, but for someone who becomes dishonest, it's usually the result of fear, and cruelty an outgrowth of desperation. Mind you, this is a bit of head canon, but I suspect she saw in herself the same sort of destiny Celestia came to see in Twilight Sparkle. But whereas Twilight feels external compulsion (i.e., she worries about disappointing others), Sunset felt an internal compulsion to be what she believed she ought to be. And she couldn't get there through proper channels, so she "pursued her own path," eventually becoming actively malevolent. She thus entered the mirror a villain, but her mirror experience probably set her back again as she suffered the cruelty of the high school environment. But she was already primed to believe that the only way to protect yourself is to be on top, and she quickly learned how to claw her way up there. By the time of the movie, she really doesn't know how to do anything else and never imagined friendship would have the power it does in the show. In my mind, this makes Sunset Shimmer one of the most interesting antagonists Twilight has faced, and subsequent films make her a skillfully-developed heroic character as well.
The scenes in Equestria are short, but AJ, Fluttershy, Pinkie, Rainbow, and Rarity each get a characteristic moment or two. Celestia's attitude toward Sunset Shimmer is remarkable and sets the tone for one of the film's main themes (see below). Luna is matter-of-fact as usual, and we get to see Cadance in command mode as she instructs Twilight for her mission.
Lesson: There are really three main lessons here, two stated and one exemplified. The stated moral lesson comes from Principal Celestia, as she recognizes the sort of leadership Twilight Sparkle has demonstrated. Twilight leads by inspiration. She's always been one to give a pep talk and speak in glowing terms about friendship. She can rally those around her to action, as we've seen in It's About Time, and she loves to play the role of reconciler, as she longed to do as far back as Green Isn't Your Color. She makes you feel good about being you, and this comes across well in her verse of the title song. It's her realization that she has this strength that gives Twilight Sparkle the confidence she'll need in her role as a princess.
The friendship lesson is the unity sung about in the title song performed in the cafeteria. As a psychology major once upon a time, I took a course called Theories of Personality. What I learned is that people have proclivities and inclinations but really aren't different enough to confine to strict categories, regardless of the system. Everything's on a spectrum, and personalities even change over time. It's true that the differences between us are real, and they should be acknowledged and taken full advantage of. But at the end of it all, people are more alike than they are different. And by making this one of the film's themes, the writers actually justify the whole human counterpart thing and make it part of the lesson: Despite the drastic differences in appearance, "I look a little closer and it seems to feel familiar, too." In a sense, every person we encounter is a mirror, a counterpart, and if we think of someone we meet as another self, this may affect our treatment of them and our willingness to approach them as potential friends.
The third lesson is forgiveness. It starts with Celestia's wish for Sunset Shimmer's return, continues through Twilight's efforts to get her new Canterlot High friends to reconcile, and culminates in the offer of friendship to Sunset after her penitence in defeat. I've commented at least once in these reviews on my desire for a story specifically about forgiveness, since we see it illustrated at the end of episode after episode but without much comment or fanfare. Here it's front and center, and in such a way that it's one common point of criticism from viewers who didn't like the film. How quick should we be to forgive those who seem genuinely sorry for what they have done? Is it realistic to offer friendship to a penitent enemy? I happen to agree with the movie's answers here, but not everyone will.
Logic: As with the stable time loop in It's About Time, any alternate universe story has certain logical problems. The existence of 27 or more doppelgangers, all of them students or faculty at Canterlot High except for Twilight and Spike, who conveniently live "in the city," the similarities of roles and positions, and odd commonalities such the Cutie Mark Crusaders' song are coincidences that are staples of the format. The crown's resemblance to the sixth Element of Harmony can probably be chalked up to Sunset Shimmer's influence, given that each year's crown has a different design in the photos we see.
A logical problem more specific to this story is how Sunset Shimmer had any idea how she might use the sixth Element on its own in another world. While no answer is suggested within the film itself, we know that Sunset Shimmer was a student of Celestia's. She may have had access to studies of the Elements of Harmony (and the mirror?) from the classical era. One might even conjecture that Sunset's abuse of her knowledge was one reason so many relevant facts were kept from Twilight until the time of the series. In fact, Sunset's plan has all sorts of implications for her backstory, such as the necessity of her having visited Equestria at least once recently to gain all the knowledge of recent events necessary to pull of her scheme.
One semi-justification for the activation of the Elements at the end with only one artifact present: Since the portal is open, Twilight's pony friends are really only a few yards away, and it may be that their proximity plus the presence of her new human friends has some sort of amplifying effect that triggered the Elements. At least, that's one of several possible theories. Taken together, this film and the fourth season premiere undo much of what we (and the characters) have assumed about the Elements, and the magic involved may be more internal than even the royal sisters have supposed.
Resonance: There are some serious moments here. I'm seriously impressed at Twilight Sparkle's reasoning when she refuses to hand over the crown, avoiding the hostage situation cliché we've seen a million times in other fiction. Also awesome is the implicit reasoning behind Rainbow Dash's soccer challenge: Anyone about to challenge Sunset Shimmer has to be willing to try to beat an expert at her own game. Twilight has the tenacity the other Rainbow Dash once saw in Tank the tortoise, and she's at just as much of a disadvantage. The climax of the film is frightening, on a par with the darker moments of the two-parters. There's also serious heartwarming in the fact that Princess Celestia's first question when Twilight returns is whether Sunset Shimmer is all right. Just think about that for a minute.
For the most part, however, this movie is a comedy with plenty of laughs all the way through. Several funny moments appear in the opening scenes, including Fluttershy's response to Pinkie's nervicited comment and Pinkie's Transformers sound effect. I enjoyed seeing Luna wordlessly using her magic to move Pinkie away from the mirror as well. At Canterlot High, a few fun moments stood out: Applejack uncapping a cider bottle with her teeth, only to be shown up by Pinkie casually prying one off with a curl of her hair; Cheerilee's efforts to maintain her composure in the library; and Rainbow Dash's delivery of "Of course you lost, I'm awesome!" But Twilight escorting Flash Sentry right into a door got my loudest laugh.
Maybe it's just me, but there's one misstep that throws me out of the story every time. Call it a missed moment of drama. There really isn't a good "low point" in this story as there is with most of the best MLP episodes. When Twilight is shown the doctored photos of the gym, there is an opportunity for some real feels, for Twilight to be in the depths of despair for a while. This is the point I would have had her "come clean" to her new friends about where she comes from. Then their belief in her could strengthen her resolve to keep Sunset from getting the crown, just before Flash Sentry presents the proof that clears Twilight of the misdeed. Instead, only about five seconds elapse before he shows up to save the day, and the entire scene just deflates. I fear it leaves the movie without the dramatic weight it needs, it makes Sunset Shimmer seem like less of a real threat, and it makes the trashed gym seem too much like a mere bump in the road. Note to writers: Take your time with the emotional stuff; let it sink in! That makes the resolution that much sweeter. (For positive examples, see A Canterlot Wedding and The Crystal Empire; they do this phenomenally well.)
Other Impressions and Final Assessment: It's typical for theatrical releases based on currently-airing cartoon series to be (as I've read once) "slapped together more or less randomly by People Who Didn't Even Care, intended for distribution to People Who Care Just a Little Bit Less Than That." Both the film itself and the staff's comments following its release indicate that they care a great deal about their work, the effect of the story on the franchise, and how it is received by all ages of the audience. Multiple people who work on the show have insisted that nothing from the film will make its way into the TV series (Hasbro has since insisted on the occasional walk-on cameo from the pony Flash Sentry), and while they seem to believe they did a good job, the creators have an apologetic tone when the topic of the movie comes up. I honestly can't tell whether they had reservations about the teenage/humanized aspects of the story from the beginning or whether they were stunned by the hostile reception the film received in some quarters of the brony community.
Bronies spook easily, and I personally believe the format change would have been controversial in any case. But the context of mixed reactions to the semi-reforms of Trixie and Discord, Twilight's coronation, and a half-length third season followed by a nine-month hiatus, all made the response far harsher than it needed to be. Nevertheless, the polls I've seen suggest most bronies warmed to the idea of the film once the first trailer was released, gave it a chance, and enjoyed it, even though just about everyone would have preferred an all-pony movie.
There's much to praise about the music. As Twilight's singing voice (and Sunset Shimmer's speaking voice), Rebecca Shoichet is the best thing about this movie. Instrumentally, the modern pop style fits the setting much better than the usual showtune sound would have, and while songs of that style are often on the light-and-fluffy side, there are plenty of subtleties in the music, creative and relevant lyrics, and a thematic unity to the soundtrack that match or surpass what we've come to expect in this series.
G.I. Joe: The Movie had Cobra-La. The Transformers: The Movie had all sorts of plot problems. The Star Wars prequels...yeah. So I went into this prepared for disappointment. But nothing here really bothered me that much, aside from the photo scene. There are a couple ways the film could have been better, but it's very enjoyable and avoids the many pitfalls that an anthropomorphic high school movie could easily have fallen into.
Equestria Girls armor rating: Golden Vest
Ranked 132nd of 233 stories overall.
Click HERE for Character Appearance List and Screentime.


Travel kits include five separate products at 2oz. each.
Leave in Conditioner, adds moisture, smoothes hair.
Strengthens, smoothes, detangles, and increases flexibility.
Gives a healthy luster to stressed depleted hair.


Initial D/Eurobeat Request Thread, Read the rules page 1.
UPDATE AUGUST 6, 2012: RULES BELOW ARE BACK. PLEASE READ AND RESPECT THEM.
For those of you who have noticed, I have a rather large collection of music from Initial D and Eurobeat. Being the nice guy that I am, I would like to share the music with others. All I ask in return is a good "Thank You".
Please take note of the following rules before requesting and/or providing requests.
What can be requested and how?
• Please limit all requests to all Initial D music and Eurobeat in general. If you are unsure as to whether a particular song is categorised as Eurobeat, please search for it here: [Eurobeat-Prime]. If the song is listed there then it may be requested.
• You may also check this thread here. It contains most songs from the anime and games. Be sure to check the thread out before requesting : it avoids uploading doubles.
• After receiving requested music, please allow at least 2 days before requesting more music. However this only applies to the 3 song limit so if you ask for 2 songs on the first day you will still be allowed to request a third between the first day and your next request cycle.
• To request, please provide the song title, artist and (if possible) the album from which the song comes from.
• Say "Thank you" as a sign of gratitude.
• Please ensure that the song you are requesting is released, any requests for unreleased music may simply be ignored.
• To share music, please upload using [SendSpace] or any file hosting services. Other exemples in spoiler below.
4shared, badongo, bayfiles, depositfiles, duckload, file4sharing, filefactory, freakshare, hotfile, netload, etc, etc, etc.
• Anyone is welcome to share music, but please ensure that the requesting member is eligible to request before you upload music (as you may receive a warning for wrongfully providing requests).
• This thread is monitored by Lebon14 and Kyonpalm. If you have any questions, please PM either staff member.
This thread directly replaces the previous thread which has reached over 10,000 replies which exceeds the database limitation and is basically unneccessary since most links are expired anyways. Perry personally requested me to action this.
But please feel free to post any pending requests that were unfulfilled in the previous thread. Yes the previous thread is closed and would probably be sent to the recirculation section, which means that all posts made there will be erased (thus lowering everyones' post counts).
Anyways enjoy the thread, same rules apply. Keep it clean and have fun!
Rules updated on August 6, 2012 by Lebon14.
Big thanks go out to Smiley_DC2 for strictly enforcing these rules. The Music section is very orderly in my eyes. And of course, thanks to the people that fulfill others' requests so that Smiley's work load can be lessen. The last Initial D / Eurobeat request thread was also a first in IDW history, to reach the 10,000 replies mark. I never thought I would see that happen. I am truly impressed.
Thank you all for making these possible and thank you all for your contributions.
I'm going to making the first request, which is a carry over from the previous thread.
I'd like to request Dave Rodgers' cover of Deep Purple's Smoke on the Water.
Oh yeah! Oh yeah! Ooo!
ill be the 2nd one to make a request.
Long live to the second request thread!
Wow. When starts the party?
i think im done for now till i find some more eurobeat that im looking for. and thx dc2 for restarting this thread because it was alot of hard work looking for live links thru that other thread.
You're welcome, actually it was time for a 'fresh start' so thanks also to Perry for the heads up to take action.
The previous thread (although closed) still is viewable to please feel free to skim through it while it's still there as there would still be active links there.
Todeshornisse - party at Perry's house, and I'll be your DJ!
Yay, I'll bring punch and potato salad!
We need a stadium more than 12000 member!
That is a big party.
Thanks Manix!! I'll check if I could find a longer version thought.
requesting some random remixes, preferably by DJ BOSS or New Generation. thanks in advance...i already have that disco fire, Space Boy(NG remix) as well as the 176 Disc 2. I just feel like some remixes.
requesting some random remixes, preferably by DJ BOSS or New Generation. thanks in advance...i already have that disco fire, Space New(NG remix) as well as the 176 Disc 2. I just feel like some remixes.
I've got Burning Desire NG mix somewhere. I'll edit that in later.
grr, i was uploading power and next thing i know, leung beat me to it. as for Playloud, i don't believe there is an official release, correct me anyone if i'm mistaken. thanx Manix for the song, i like B4 ZA. i got some DDR music of theirs too.
You're right about Play Loud, we're still waiting on that one. I also found Burning Desire for ya.


When we booked our girls weekend away to Mallorca earlier this year, we all decided we could get away with taking just hand luggage to avoid the high costs of hold luggage on a budget airline. I'm not someone who needs to take lots of different items of clothing, however I do tend to overpack and knew I would need to really think about what to pack if I was taking hand luggage only.
I had been researching the weather for a few weeks prior to the holiday, adding that to the time of year we travelled (May), I was hoping we would be able to guarantee some heat, so I knew I didn't have to worry about taking bulky clothes.
To make sure I had warm clothes if needed, I made my travel clothes a thick hoodie and jeans, This meant I was nice and warm in the UK on our very early morning flight, and also when we left for our very early flight back home. I was grateful of that hoodie when we landed back in the UK.
In hindsight I had actually overpacked as I thought I might. But everything fit nicely into my suitcase and I think I could have probably squeezed more in if I needed to. I found the beach towel took up a lot of the room, but by rolling it, I saved space in my case.
My toiletries were syphoned off into travel sized bottles. We had toyed with the idea of buying once we arrived and sharing, but when everyone uses a different brand for varying reasons it was easier to just pack my own. It was also cheaper to buy the travel bottles than it would have been to buy everything on holiday. They will always come in handy for future holidays. Any excuse!
Do you pack hand luggage only when going away? If you are travelling with a budget airline and need the perfect sized suitcase to avoid extra charges, you should check out this suitcase.


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Home Celebrity Exclusive: Liam Neeson May Finally Be LBJ in "Selma" with David Oyelowo
Exclusive: Liam Neeson May Finally Be LBJ in "Selma" with David Oyelowo
■Celebrity
by Roger Friedman - August 7, 2013 2:23 am
"Selma" was the movie Lee Daniels was trying to put together until "The Butler" set his silver tray down in Daniels' lap. The rest will be history when "The Butler" opens August 16th.
So what happened to "Selma"? Ava Duvernay, whose debut "Middle of Nowhere" was an indie hit in 2012, is taking over.
"Butler" star David Oyelowo, who plays Forest Whitaker's son with breadth and imagination in the Daniels film, is set to play Martin Luther King. And I can tell you that Liam Neeson, originally thought of to play Lyndon Johnson when "Selma" was Lee Daniels' movie, will indeed get that chance. Some of the other actors from Daniels' cast list, like Robert DeNiro and Hugh Jackman, may be signing up as well.
Duvernay is making a name for herself as a director but when I met her she was Jennifer Hudson's publicist on "Dreamgirls." So brava for her. And Oyelowo is a 37 year old overnight sensation. Just watch him get a nomination for Best Supporting Actor in "The Butler." His character, Louis, drives the story as he experiences the entire civil rights movement.
All these civil rights roles are something of a learning experience for Oyelowo. Even though he carries off a perfect American accent, he is quite British you know, and grew up in London. Six years of living in Los Angeles has helped make him sound and act more American. Tis a pity, I'm sure.
Filming for "Selma" is supposed to begin right after the new year in January 2014.
Ashton Kutcher on Steve Jobs, Fruit Diets, and Creating Efficiencies (Not Studio Apartments)
Broadway: Kinky Boots Paying Off, Beatles Blues, Old Jews Turn 500
Roger Friedman
Roger Friedman began his Showbiz411 column in April 2009 after 10 years with Fox News, where he created the Fox411 column. He wrote the Intelligencer column for NY Magazine in the mid 90s, reporting on the OJ Simpson trial, as well as for the real Parade magazine (when it was owned by Conde Nast), and has written for the New York Observer, Details, Vogue, Spin, the New York Times, NY Post, Washington Post, and NY Daily News among many publications. He is the writer and co-producer of "Only the Strong Survive," a selection of the Cannes, Sundance, and Telluride Film festivals, directed by DA Pennebaker and Chris Hegedus.
More articles from author
Trump Snubs Famous Game Show Hosts for American Garden, Includes Only Alex Trebek: Where is Gene Rayburn?
by Roger Friedman - January 18, 2021 2:58 pm
Trump Vomits Up Random List of Famous Americans to Be Honored in a Garden Though Several Are Foreigners
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Roger Friedman on The Hollywood Reporter Fires Dean of Movie Critics, Todd McCarthy, Cuts 30% of Staff, Owner Todd Boehly Waves White Flag
Celia Gonzales on The Hollywood Reporter Fires Dean of Movie Critics, Todd McCarthy, Cuts 30% of Staff, Owner Todd Boehly Waves White Flag
Wayne Brasler on The Amazing Life She Lived: Aretha Franklin Deserved Better from the New York Times Magazine, So Here It Is
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Microsoft Edge will inform you if your password has been compromised
Microsoft Edge is testing a feature that has long been available in Google Chrome and Mozilla Firefox.
The web browser already has its own system to save user passwords, but now it wants to take a step by warning if some of them have been compromised.
At the moment, this function is only available in the Canary and Dev versions of Microsoft Edge, but we can already know what its dynamics will be like. Once this option is enabled, Edge will check if the saved passwords are secure or have suffered some kind of vulnerability.
To do this, it checks the passwords with a database of credentials that have been compromised, and when it detects that one of them has been compromised, it adds a warning to the password manager. It shows a red alert along with a text alerting that the password has been filtered and the suggestion to change it.
Another option to view this information is found in the Password Monitor section, where the filtered passwords are detailed in a list and the omitted alerts are detailed in another. To test this feature in Microsoft Edge Canary or Dev it is necessary to enable Show alerts when passwords are found in an online leak, under Profiles >> Passwords. And of course, you need to log in with our Microsoft account.
It's a simple dynamic that can serve as an extra help to keep accounts secure without having to continually monitor whether our passwords have been leaked on the web. At the moment, this new feature is still in the experimental channels of Microsoft Edge, so we will have to wait until it is released in a future stable version.
Tags:compromised, Edge, inform, Microsoft, password
Google and Cuba renew the commitment to improve the internet on the island
Customer service via Twitter, new features in crowdbabble
Neexpro, a practical way to manage projects, clients and activities


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The RuneScape GUI 2015
posted by Shane on 27th May 2015, at 1:29pm
Back in 2011 I did my initial analysis of the RuneScape GUI. There were a myriad of issues with the current state of the game interface. It was unclear what direction the interface was ultimately going to go in. However, since then we've been blessed with RuneScape 3. RuneScape 3 fixed many of the interface issues that were present in 2011 and made the game much more playable. Since it's clear we are in a better state than we were in 2011 this month I'm primarily going to be highlighting why our current interface is better and a few nagging issues.
RuneScape 3 was to be a new interface, a new audio engine, and a brand new HTML5 rendering engine. We got 2 of 3 of these which can be considered a great success given how experimental the HTML5 rendering engine actually was. The main new feature of the RuneScape 3 interface aside from an updated look and feel was the customizability of the interface. Previously we were left with what Jagex deemed as the best interface. Now there can be any number of combinations… for better or worse. We now have a unified area for all settings under the escape menu where it should rightly belong rather than in panels intertwined with game settings such as the magic spell book. We also have better separation of player and character based controls. This means that items relating to you the player (community, Player Power, high scores, etc.) are separated from those of your player (gear, appearance, combat styles, etc.) This was achieved through the universal game ribbon that separated out various functions.
The game ribbon is perhaps the best part of the RuneScape 3 interface. It has five main areas that house every RuneScape setting known to exist:
Hero – Everything to do with your in-game character. Skills, pet control, achievements, and progress towards the completionist cape. Also change your name and examine info.
Gear – Accesses your backpack and worn equipment, also provides a view of current combat stats given worn equipment. Cosmetic overrides, titles, animations, and hair colour can be changed here. Also, loadout presets, saved inventory and combat settings for any number of purposes.
Adventures – Known as the "things to do" tab. Learn about the most recent content, in-game events, quests, or challenges you can complete. Also access detailed information on quests, challenges, minigames, and NPCs that you have killed. The new player Path tutorial system is also accessed here.
Powers – Access combat settings and abilities for each of the combat types.
Community – Player Power voting, in-game hiscore access, chat settings, the grouping system, and start streaming on Twitch.
The ribbon can also be customized for advanced players who know what areas of the interface they use most and want quick access to those features. This essentially makes almost any area of the RuneScape 3 interface accessible with one click. A great bit of usability that did not exist with RuneScape 2.
When RuneScape 3 came around every aspect of the interface was examined and cleaned up to meet a modern standard. This resulted in seeing the consistency issues mentioned in 2011 fixed. Gone are the days of having 3 different styles of scrollbars in game. Gone are the issues of managing preferences mixed in with actual game actions. And most importantly, modal interfaces (interfaces that require full attention) are now used sparingly.
While the new interface is a great improvement there are a few nagging issues that would improve the end product. Icons used in the chat system are duplicates of those used on the friends list. An icon to delete a friend is the same icon used to leave a friends' chat channel. From what I can tell this is the only remaining offender for duplicate use of icons. The clan icons are similar though different enough to symbolize a clan. The fixed window method of playing the game still exists. While this is a throwback to the days of RuneScape classic it isn't nearly as bad as it could be. Players can design their own fixed window interface if they want but fixed window doesn't provide nearly as much flexibility as the other options. Finally, a new issues was introduced with RuneScape 3: the odd and unpredictable pinning of interfaces.
Each aspect of the interface is movable in RuneScape 3. The map, the chat boxes, your backpack, even the developer FPS overlay. With all of these movable items unless your interface is locked they can be moved anywhere with one exception. The exception is that even if your interface is locked and the window resizes to a point where it's unable to house all of your panels the game will attempt to move and resize your interfaces intelligently to make them fit. Normally this wouldn't be a problem but the RuneScape game client doesn't remember its size when it's closed. This means you either need to play maximized or hope that you will choose a size that is somewhat close to your saved interface. For those who don't play at a consistent size this means that they need to move interface objects around whenever this intelligent resizing happens, which after a couple years gets annoying and you just accept that you'll play the game without a locked interface.
A solution to this problem would be to allow interface objects to be pinned relatively. This means that if I move my chat to my lower left corner I could pin that one object. This would mean that while everything else (action bar, backpack, map, etc.) would be free to move the chat would always reside in the lower left corner. A blanket lock all could still be available but this level of granular control would fit with what RuneScape 3 was designed to offer the player.
Right now this issue with interface objects moving on resize and relative pinning is the biggest issue for RuneScape 3. The only other issue that I see frequently is the fault of the player: poorly laid out interfaces that if shown in screenshots could give the game a bad impression. Remember, each and every person is free to have their own interface layout no matter how usable or not. We've come a long way and a piece of software is never finished. I think it's fitting to have a look back at the interface mosaic I published in 2011. It has been updated for all the steps in between 2011 and today.


Department of Mathematics, Georgetown University, Washington, DC 20057, U.S.A.; lagnese@math.georgetown.edu.
This paper studies the exact controllability of the Maxwell system in a bounded domain, controlled by a current flowing tangentially in the boundary of the region, as well as the exact controllability the same problem but perturbed by a dissipative term multiplied by a small parameter in the boundary condition. This boundary perturbation improves the regularity of the problem and is therefore a singular perturbation of the original problem. The purpose of the paper is to examine the connection, for small values of the perturbation parameter, between observability estimates for the two systems, and between the optimality systems corresponding to the problem of norm minimum exact control of the solutions of the two systems from the rest state to a specified terminal state.
Key words: Maxwell system / exact controllability / singular perturbation.


Wow. Thought we wouldn't hear owt till after the plate final.Looks like the Club have started early.Liked Hock but the Clubs future is more important.
Wasn't it only a short while ago we extended his contract for 2019 surely anyone with half a brain cell would have made a sub clause opting out unless top 4 was achieved. OK he has been very good when not banned but what a mammoth cost he has been and Fev are totally to blame if they are paying him £30k to fly the nest I just wonder how much he has cost the club per match played including the speculated £30k.
Just hope John Davies remains but if he gets a decent offer he really ought to take it has he has been a loyal true workhorse and deserves better.
If you have paid a player 30K to get out of his contract you have to wonder how much he was actually on.
My thoughts exactly no wonder fev are in the position they find themselves I just wonder how much we are paying John Duffy cos he was probably on a pittance at Swinton.
Seriously we need a closer look at our recruiting methods and I do realise players will not be queuing up to join Fev.
Looks like Wheeldon has done his knee, and Hardcastle could get a ban.
We will be lucky to put a team out next week.
Yes could end up without even the Shield.
It's a pity about Hock, but needs must. A bit like Maitua a few years ago, things didn't really work out. His mid-season form shows that he wasn't really fit at the start and he didn't really influence any games that Fev wouldn't have won anyhow, although he nearly did in the Summer Bash. If his touchdown had been allowed he would have justified his wages on that game alone, but it wasn't to be. Add to that the fact he can't be relied on not to be suspended for vital games, and he might have made all the difference against Leigh at home, makes him the obvious choice to cut from the wage bill.
Ankle injury. Should be ok for next week.
Was going to post that he'd pointed to his lower back when someone appeared to ask him why he wasn't playing.
I get the impression that there has been some unrest over the past few weeks with Davies in and out of the team, I just wonder if Hocks deal has peed a few players off considering how much time he's spent in the dugout.....bet Wheeldon's no where near what Hock was on and he's been brilliant for us this season!!
if we couldn't afford these types of contracts unless we made the top four then the contracts should have included contingency clauses. Without such clauses the contracts should never have been offered. There would then have be no need to "roll the dice"
I say this however without any idea at all what the position is in terms of the content of contracts that were signed and the recent speculation.
Holmes was great for us but given his injury prognosis we would never have offered him another contact. Ulugia would not have been offered one either for the same reason.
Thacks is at the end of his contract. Hock's contract is rumoured to have been terminated.
Moore is about ready for retirement and Misi can't possibly keep going. They continue to give everything but will their flesh let them 6 or 8 months from now?
i'm thinking Brookes could go and with a reduction to the coaching team we might stay in the black.
You would also hope for a modicum of loyalty with players prepared to stay for not quite as much as they have previously been used to. I would hope Thacks could be persuaded to stay in this connection if he remains in Duffy's plans, Wildie too and the rest of the players not mentioned above.
With a strong DR from Leeds it shouldn't be all doom and gloom. Who knows if we made the four we might have "rolled the dice" more than once and then twisted several times before putting everything on black to achieve Super League.
Should never have been recruited in the first place. Never made the fitness levels this year. Whoever was involved in the recruiting ought to be paying the severance money out of their own pocket.
Players offered new contracts are likely to stay, even if offered considerably less than they've been on, as long as it's more than they are offered elsewhere.
You'll still be top 6 as a minimum as a minimum and maybe a bit more stable without having any incentive to "roll the dice"
Not everyone coming out of contract will be offered another one......so probably yes, will still be doing.
All conjecture at the moment. Quite a few people were happy with Longo's statement but there are still unanswered questions. Such as: Is Campbell leaving us? Are we going to use our land asset as an income source? Which players are going and which are staying? Is there any dissent in the squad, today's performance was well under par, so is there anything affecting their play? Is the Hock story true? .
I think we need another statement giving us the facts and not just an outline of the situation.
Some of those questions will be answered in due course at the appropriate time, not least because some of those who'll be affected may well have not been told yet. Some of the others, well....... Of course some of the squad/staff will be worried about what the future holds, but that would have been true even if we'd made the Top 4, and IF there is any unrest in the squad do you honestly think the Club are going to publicise it? Sometimes it's really difficult to remember that you're an old 'un Colin and not a youngster with little experience of life who thinks that they should (and indeed have a right to) be told everything that's going on.
The thing i don't agree with in Longos statement was that the dual reg with Leeds has worked well.Yes it's worked well for Leeds,they sent us Newman and he improveds while playing for us then we dont get him when needed ,same with Dwyer played well for us and Leeds keep him for their squad.Walters (not a S.L. player at present}played ok for us without breaking any pots but because Leeds have injury problems they recall him.Griffin if believed was on about 40g contract which we have to pay due to him not recieving prior written notice not to play the other code during our close season,wouldn't it have been better keeping him as back up.Some terrible decisions been made this season although on the whole i think the players have performed well.Only gripes THE SUMMER BASH which we threw away, the away game at Fax when we didn't turn up,and the London home game which with a bit of direction and steadiness we should have won.Undecied about membership for next season because of the dual reg with Leeds ,i would rather we scouted properly and gave a few new recruits a chance Fev coould be the ideal stepping stone for players wishing to advance to S.L.
Thacks interview says it all i.e.
IMHO duel reg would be much more beneficial to us if we were allowed to select a small number of Leeds players and keep them for a pre-determined number of games, then halfway through the season both we and Leeds got the opportunity to change who we keep. In other words, use DR as more of a long-term loan arrangement, so the DR players spend more time training with our squad, playing every week, and gelling better than some of them have this season.
It's been great to see players such as Newman and Dwyer in Fev shirts this season, but there's been no consistency, and when we needed them most (ie when our squad was down to its bare bones through injuries) Leeds failed to keep their end of the bargain in supplying someone - anyone - to help us out over those few games when we couldn't even manage a full matchday squad.


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Bar owner whose arrest sparked outrage in Michigan town pleads to misdemeanor
L.L. Brasier
The popular barkeep whose arrest by local police prompted widespread outrage in the small western Michigan town of Delton pleaded guilty to misdemeanor disorderly conduct Thursday after prosecutors agreed to drop a felony charge.
The Barry Township police chief resigned last month, in part over Jack Nadwornik's arrest, as well as his use of a small army of noncertified, volunteer officers to patrol the town and surrounding township.
Nadwornik, 58, had faced a two-year felony after Barry Township police charged him with resisting arrest as they handcuffed him May 10 in the parking lot of Tujax Tavern, a bar he has owned for 30 years in this town of 850. Nadwornik had been out drinking and celebrating his birthday with friends that evening and urinated in a dark corner of the parking lot at about 3:30 a.m.
■ Previous coverage: Michigan township rebels after new chief beefs up police force
■ Video: Barry Township residents in uproar over use of auxiliary police force
Two of the three officers involved in the arrest were unpaid reserve officers. During the course of the arrest, police broke bones in Nadwornik's hand, kneed him in the back and bloodied his knees.
Former Police Chief Victor Pierce defended the arrest as well as the contingent of 34 unpaid reserve officers that he trained to patrol the township to residents who packed township board meetings. The reserves were given guns and badges, and participated in arrests, even though most were not certified police officers.
Under increasing pressure from residents, who said the police force had become overly aggressive, Pierce resigned in July, and the reserve officer force was disbanded. The township is currently looking for a new chief.
In an agreement with prosecutors, Nadwornik pleaded guilty to the misdemeanor 56th District Court in Hastings, and paid a $200 fine.
"It's good to have it over with," Nadwornik said Friday morning.
Contact L.L. Brasier: 248-858-2262 or lbrasier@freepress.com


Some large sections of permafrost in Siberia have been thawing out in the last few years due to climate change. If the thaw continues apace (or speeds up) researchers worry that much more organic matter — leftover plant and animal leavings from thousands of years ago, like mammoth dung, that never fully decayed due to sustained below-freezing temperatures — will thaw out and start decomposing, which could significantly speed up climate change with massive doses of methane and carbon dioxide. "The deposits of organic matter in these soils are so gigantic that they dwarf global oil reserves," says climate scientist Sergei Zimov. "This will lead to a type of global warming which will be impossible to stop." The United Nations agreed in a recent report that large-scale permafrost thaw could be quite nasty, climate-wise, but since the bulk of permafrost is still frosty, it's regarded as mostly a potential threat for now. But even the current thaw isn't all bad, at least for some cash-strapped locals who comb Siberia's no-longer-perma frost for mammoth tusks and skeletons which can net thousands of dollars apiece from museums and private collectors.


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