Officials hope fiber will replace coal in eastern Kentucky

By ADAM BEAM Associated Press

IMG_20140814_145333

HAZARD, Ky.

In the 1970s, as the oil crisis spurred an increase in mining, Victor Justice taught people in eastern Kentucky how to mine coal.

Forty years later, his son is teaching them how to write code to build websites.

As the coal industry disappears across Appalachia, politicians and entrepreneurs have been trying to find something to replace it. On Monday, hundreds of people gathered in Hazard to hear one solution: A 3,400-mile network of fiber optic cables that state and private sector officials say will create one of the country’s fastest networks in one of the nation’s worst areas for access to high speed Internet service.

“We’re betting our future on the coming of this dark fiber,” Rusty Justice said of his company, Bit Source, which builds websites.

State and federal officials christened the network Monday, the product of about three years of negotiation that spanned political and geographic rivalries in a state that has plenty of each. The network will cost about $324 million to build. Taxpayers will pay about $53.5 million, with the rest coming from private investors. Kentucky will own the network, which will begin in eastern Kentucky but eventually reach into all of the state’s 120 counties. But the Australian-based investment firm Macquarie Group and its partners will build the network and operate it for the next 30 years.

On Monday, a packed auditorium watched as the CEO of a technology company demonstrated how he can build networks that can download video in less “five milliseconds.” And in an area that has a shortage of OB-GYNs, people watched a pregnant woman lay down on an exam table while a doctor in Lexington, about 100 miles away, gave her an ultrasound with telemedicine technology.

It’s the kind of benefits officials say the broadband network can bring to eastern Kentucky, which has suffered for years with little cellphone service and limited access to high-speed Internet.

“Broadband is not just about Facebook or HD Netflix,” said Jared Arnett, executive director of the Saving Our Appalachian Region, a group charged with transitioning eastern Kentucky’s economy. “This is about economic opportunity.”

Construction will begin this year and is scheduled to be finished by the middle of 2016 in eastern Kentucky. Other parts of the states will take longer to build. Republican U.S. Rep. Hal Rogers and Democratic Gov. Steve Beshear called it the most important infrastructure project in the state’s history, more so than the Interstate highway system. But they cautioned that the network will only help if people use it. The network is just a means for information to travel. Businesses, school districts, hospitals, local governments and others have to build the products that would make the network worthwhile.

Earlier this month, Beshear created a governing board to oversee the construction of the network. And his state finance cabinet has put together a fiber planning guide for local communities to use as they prepare for how to use the network.

“We know that broadband is not a silver bullet. There is none. But it levels the playing field. It gives us a chance,” Rogers said. “It takes away the historic barriers to better jobs: the difficult terrain, the isolation that we’ve endured these generations.”

Bit Source is based in Pikeville, the center of what was once the state’s largest coal producing county. It’s the same county where, 40 years ago, Rusty Justice’s father worked for the Eastern Kentucky Concentrated Employment Program to train people how to operate heavy machinery and other skills needed in the coal industry.

Now Justice said he is seeing those same workers ask him for a job. Justice offered to hire 10 people, preferably out-of-work coal industry workers, and train them how to code. He got 974 applications. The company opened in March and, after 22 weeks of training, has been building websites for companies and local governments.

“We now have a small, embryonic tech sector alive and well in Pikeville,” he said.

Read more here: http://www.newsobserver.com/news/business/article32973237.html#storylink=cpy

Regarding kendra sams – "lodged" at laurel county corrections" in kentucky…

 

Ms. Kendra Sams,  29  years old, was being lodged at the Laurel County Corrections.

According to Facebook posts she suffered a seizure on July 12th which caused her to fall from the top bunk in her cell and land on the floor.  She was not given medical attention at that time.

At some point she was transferred to Casey County Corrections where her illness became acute.  Her Mother was apparently contacted and she was then transported to the Hospital.

Facebook Timeline Posts:

Roger Hoskins

August 18 at 12:18pm · Garrard, KY ·

I’m waking up to some heart breaking news out of the family and asking for all who can please pray

Roger Hoskins

August 18 at 3:10pm · Edited ·

Please be praying for Kendra Sams she’s going into surgery right now … This young lady didn’t deserve any of this and I’m confident that the story will be told soon…. Please now all the family ask is to be praying

Roger Hoskins added 2 new photos.

August 18 at 7:15pm · Garrard, KY ·

These picture are of Kendra Sams and this is not even the Justice this young lady has suffered .. She’s has much more going I inside her… And is in critical condition at UK hospital … She’s in bad shape according to family who is with her when I am updated on her condition I will pass it along .. The family ask for prayers and this should have never ever happen to anyone else

Roger Hoskins

August 18 at 7:49pm · Garrard, KY ·

Update on Kendra they have 3 drain tubes in her and not sure one will work right but already pulled 2 ounces of infection out of her back but keeping her sedated until tomorrow to do more test … No one is allowed to see her till tomorrow so please keep praying

Roger Hoskins

Yesterday at 3:36am · Garrard, KY ·

They have started a feeding tube on Kendra and a temp of 102 … Doctors said that the next 72 hour will be very critical… So keep prayers coming and I have had a lot ask what happened… Right now the families focus is on Kendra … All they need is prayers but I promise this story will be told .. Thank for all the praying that’s going on and as always it’s in Gods hands ..

Roger Hoskins

Yesterday at 1:37pm · Garrard, KY ·

The story is coming out …. Please pray for Kendra the doctors are hoping she last throughout the day

Roger Hoskins added 4 new photos.

Yesterday at 3:19pm · Edited ·

This all started at Lcdc and she was sent to Casey county jail with the out come being her fighting for her life …. On July 12th she had a seizure a few weeks later she was sent to Casey county detention center will little or no medicinal help … Her mother was called to come get her and this is now her daughter returned home to her …. Don’t know if she will see tomorrow… Please pray….

Roger Hoskins

17 hrs · Edited ·

So thankful for Facebook this night as my post for Kendra has brought some light on all this but most of all I wanna thank the people who are brave and step up in behalf of Kendra … That is why Facebook is a valuable tool … As of 2 am there is no changes in her … I wanna thank each person who has shared this and by all means please continue to do so … This family deserves answers ! This could be your family member……………I will not disclose their name but here is a tid bit of information ……………..

My sister was in the cell with this girl in Casey co jail! She needed medical attention from day 1 this could be anyone’s family member please share this lets raise awareness

Michelle Jackson

11 hrs ·

Update on Kendra!!!!!!
She is still in critical condition they are having trouble keeping her BP up still and now they’re having to give her blood (1pint) so far… Please keep prayers coming.. TIA

— with Roger Hoskins and 8 others at UK ICU.

Michelle Jackson

3 hrs ·

Look what the Lord has done…. GLORY GLORY GLORY I PRAISE YOUR HOLY NAME THANK YOU SWEET JESUS!!!! SHE MOVED HER MOUTH AND TOLD HER MOMMY SHE LOVED HER!!!!!!! HALLELUJAH!!!!!!! KING JESUS I KNOW YOU HEAR ME WHEN I PRAY

— with Roger Hoskins and 9 others at UK ICU.

Michelle Jackson's photo.

Roger Hoskins

2 hrs ·

Please keep sharing my post maybe someone seen something and will step forward for Kendra Sams … This needs media attention to get to the bottom of this

Roger Hoskins

6 hrs · Edited ·

The family knows she is not perfect but to see this after being in 2 jails and her mother was called to come get her only to go into uk hospital is sad this is Kendra Sams if anyone was in her cell with her in laurel or Casey county please get ahold of this family … We are looking for answers to what happened .. This is truly sad … We have tried to contact all media but no help as yet so family has no choice but turn to social media .. Any information is appreciated …please share

***

It is currently 8/20/15 at 10:30pm and I am awaiting a call from Roger Hoskins who is willing to fill in the gaps in this atrocity which has happened under the watch of  “Kentucky Corrections “.

We can only hope and pray that Kendra Sams receives the justice that the State of Kentucky owes her because of this horrific ordeal.  She is not out of ICU yet.   She is currently still fighting for her life.

It never should have happened. 

ANYONE who is incarcerated is entitled to receive healthcare under the Justice Department.

 

https://www.facebook.com/photo.php?fbid=401505606710487&set=pcb.401506100043771&type=1&theater

https://www.facebook.com/roger.hoskins2

For some in the South, defying medical marijuana laws is the Lord’s work

By Quint Forgey, News21 August 19 at 6:30 AM

Image result for For some in the South, defying medical marijuana laws is the Lord’s work

Editor’s note: This is one in a series of articles on the legalization of marijuana, produced in partnership with the 2015 Carnegie-Knight News21 national student reporting project.

CHESTER, S.C. — She lives in the wooden house her grandfather built more than a century ago in Chester, S.C., a rural community about a two-hour drive southeast of the Blue Ridge Mountains.

The cluttered home is dimly lit and not air-conditioned, with the low hum of floor fans filling in rare lulls in conversation. Two chihuahuas, Cricket and Joe, scuttle around Ada Jones’s feet as she peers down through her eyeglasses at the iPad in her hands.

The tablet looks conspicuously out of place among the black-and-white photos hanging on the walls and the dangling, beaded divider into the next room. It serves as her connection to the outside world, as well as the outside world’s connection to Jones.

If someone needs medical marijuana, they contact her over the Internet.

Jones encourages those who reach out to her to purchase marijuana illegally and make their own cannabis oil. If they’re unsuccessful, she puts them in contact with a supplier who can sell them a more refined product.

“It’s almost like playing God,” Jones said. “If somebody contacts me, I have to look at them and wonder. I wonder if that’s police first, not if I can help their kid. I try not to do that, but you have to because you’re scared.”

Jones helps everyone she can, whether they be young mothers of epileptic children or older patients suffering from chronic pain. Her specific brand of civil disobedience, like so many other facets of Southern life, is captained by her faith.

“They talk about the South being the Bible belt, and praise the Lord we are,” Jones said. “I cannot not help somebody. I have to. As a Christian, that’s what I’m here for.”

Many Southern states have a long and failed history with medical marijuana, mired deep in forgotten statutes and a lost generation of patients. Only recently, as the marijuana movement sweeps through statehouses, have those laws become political tinder for a new debate in the Old South.

CONTINUE READING….

2015 Federal Funding Law is a Win for Kentucky

“$175, 465 million for National Guard Counter-Drug Operations, including support for the Kentucky National Guard to eradicate marijuana from the Daniel Boone National Forest. The Kentucky State Police reported nearly a half million plants were eradicated in Kentucky last year.”

 

Press Releases

2015 Federal Funding Law is a Win for Kentucky

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Washington, D.C. , Dec 17, 2014 | Danielle Smoot (606-679-8346) | 0 comments

U.S. Rep. Harold “Hal” Rogers (KY-05) praised members of the U.S. Congress for passing the consolidated federal funding bill for fiscal year 2015, to avoid a government shutdown, rein in government overreach, and fund most government agencies through September 30, 2015. As Chairman of the House Appropriations Committee, Rogers worked tirelessly to ensure the legislation was a win for Kentucky. President Obama signed the Omnibus bill into law on Tuesday, December 16.

“This law includes funding for important programs that are priorities for communities in southern and eastern Kentucky,” said Rogers. “For example, the legislation provides specific economic development assistance for coal mining communities, funds much-needed rural housing loans, and supports a number of initiatives to fight the epidemic of prescription drug abuse. It also decreases the backlog of military veterans’ claims and reins in the Environmental Protection Agency (EPA). Let me be clear: this law does not include any new funding for the President’s Executive Amnesty plan. We will address his amnesty plan with the new Congress in 2015.”
Additional items to note in the law that will benefit Southern and Eastern Kentuckians:

Drug Abuse
The legislation supports a holistic, multifaceted approach to the scourge of prescription drug abuse, including funding for our federal law enforcement officers on the front lines, critical drug abuse treatment programs, and educational efforts to help states implement model drug laws that reduce diversion and abuse.
$20 million is provided for the Centers for Disease Control and Prevention to partner with the states hardest hit by the prescription drug epidemic in developing and implementing strategies to combat addictions and abuse.
It includes the following funding for treatment, law enforcement, education and other drug-related issues: 

Treatment

  • $91 million for Drug Courts, plus an additional $1.4 million for technical training for the judges who administer these important courts
  • $5 million for Veterans Treatment Courts to meet the unique needs of those who have bravely served in the U.S. Armed Forces

Law Enforcement

  • $367 million for DEA’s diversion control program, with encouragement to intensify support for its Distributor Initiative
  • $7 million for an anti-meth task force, plus $7 million to help state and local law enforcement agencies clean up meth labs
  • $7 million for an anti-heroin task force
  • $175, 465 million for National Guard Counter-Drug Operations, including support for the Kentucky National Guard to eradicate marijuana from the Daniel Boone National Forest. The Kentucky State Police reported nearly a half million plants were eradicated in Kentucky last year.
  • $245 million for the High Intensity Drug Trafficking Areas (HIDTA). The Appalachian HIDTA, covering parts of Kentucky, Tennessee and West Virginia, has been a national leader in the fight against prescription drug abuse. In partnership with Operation UNITE, AHIDTA recently launched a pilot voluntary program in southern and eastern Kentucky to distribute free oral drug testing kits for parents who suspect their children are abusing drugs at home.

Education

  • $1.25 million to help states develop and implement legislation to reduce drug abuse. 

Other
The legislation includes a number of other provisions aimed at spurring federal action to reduce the abuse and misuse of prescription drugs. For example, the legislation: 

  • expresses opposition to the approval of the powerful painkiller, Zohydro, by the U.S. Food and Drug Administration (FDA) and requires the agency to report to Congress on its ability to track usage of the drug once it is on the market,
  • encourages the FDA to finalize guidance on Abuse Deterrent Formulations in order to incentivize innovation in this emerging field for manufacturing prescription narcotics, and
  • encourages the Department of Defense (DoD) and Veterans Affairs (VA) facilities to participate in the Drug Enforcement Administration’s (DEA) prescription drug take-back program. 

Coal
The legislation demonstrates the Congress’ commitment to reining in the EPA and beating back the Administration’s devastating anti-coal policies. 

  • It cuts EPA funding by $60 million below the 2014 level, causing the agency to reduce its staffing to the lowest level since 1989.
  • The Obama Administration is prevented from moving forward with a policy that would preclude U.S. investments in coal-fired generation plants overseas. By putting a halt to this regulation, the legislation ensures that U.S. coal will have a vibrant market in emerging economies around the world.
  • It prevents the EPA and Army Corps of Engineers from changing the definition of “fill material,” which would be harmful to several U.S. industries, including the coal mining industry.
  • The bill rejects a proposal from President Obama to spend $66 million on new or expanded job-killing regulatory programs at the EPA.
  • $571 million is included for Fossil Energy Research to ensure that the U.S. is developing in the necessary technology to maintain coal as a part of its energy portfolio for the long term.
  • It directs the EPA and the Army Corps of Engineers to submit monthly status reports on any Section 404 mining permit applications under review. These monthly reports will allow the House Appropriations Committee to oversee how many mining permit applications have been submitted, the number of days under review, and whether they are being approved.
  • The law maintains Office of Surface Mining State regulatory grants at $68 million to allow states to implement programs without increasing fees on the mining industry. It also rejects the President’s proposal to hire more Federal regulators to increase Federal oversight inspections of State programs.
  • The law prevents the EPA and Army Corps of Engineers from regulating certain agricultural areas, including farm ponds and irrigation ditches, under the Clean Water Act.

Economic and Community Development
The legislation includes funding for a number of federal programs that support the efforts of southern and eastern Kentucky communities to create new opportunities through access to pre-school and post-secondary education, access to low-income housing opportunities, and supports grants for important programs in the region. It includes:
Support for Economic Development

  • $10 million for the U.S. Economic Development Administration (EDA) to develop a comprehensive strategy to assist coal mining communities
  • $90 million for the Appalachian Regional Commission (ARC), including $10 million for broadband development in distressed Central Appalachian counties
  • $2.5 million for the Small Business Administration (SBA) to make micro-loans in small and rural communities to create new job opportunities
  • $230 million to help Community Development Financial Institutions (CDFI) build their capacity to serve low-income individuals and communities that otherwise lack access to affordable financial products and services
  • $3 million for the HubZone Program, which helps small businesses in rural communities gain preferential access to federal procurement opportunities
  • $3.4 billion for the Low Income Home Energy Assistance Program (LIHEAP) to keep families safe and healthy through initiatives supporting energy assistance
  • $674 million for Community Services Block Grants, which help the region’s Community Action Agencies further their mission to provide critical services
  • $372 million for Payments in Lieu of Taxes (PILT), a program that provides funds to local governments to help offset losses in property taxes due to nontaxable federal lands within their jurisdictions
  • $12.7 million for a competitive grant program to provide technical assistance for improved water quality or safe drinking water in rural communities

Support for Rural Housing

  • $900 million for Section 502 Direct Loans, which helps low-income individuals or households purchase homes in rural areas
  • $27.5 million for the U.S. Department of Agriculture’s Section 523 Self-Home program, which helps very low-income families construct their own affordable homes
  • $900 million for the HOME program, which provides formula grants to states and localities that can be used to build, buy and/or rehabilitate affordable housing for rent or home ownership or provide direct rental assistance to low-income people
  • A flat-rent provision was also included, allowing local market factors to be considered when flat-rent rates are determined. This will keep rental rates low for many of Kentucky’s Fifth District Residents.

Support for Education Programs    

  • $839 million for TRIO programs, which serves and assists low-income individuals and first-generation college students as they progress through the academic pipeline from middle school to college.
  • $301 million for Gear Up Programs, which are designed to increase the number of low-income students who are prepared to enter and succeed in post-secondary education. 
  • $8.5 billion for Head Start, which provides comprehensive early childhood education, health, nutrition, and parent involvement services to low-income families.
  • The law reinstates student aid eligibility for students enrolled in career pathways programs.
  • It provides an opportunity for laid off coal miners and other individuals that do not have a high school diploma or the equivalent to receive federal financial aid, if enrolled in an eligible career pathways program.

    Veterans

    • Directs the DoD and VA to develop an interoperable health records management system, allowing agencies within each Department to be able to communicate regarding patient services and records. 
    • Funds VA medical services at $45.2 billion, including funding for mental health services, suicide prevention and treatment for homeless veterans
    • Includes $2.5 billion for processing the disability claims backlog at the VA
    • Provides $5 million to the VA Office of the Inspector General for the purpose of addressing the VA “wait list” scandal and continue auditing the VA hospital appointment scheduling process and lapses in patient care

    Rogers has served Kentucky’s 5th Congressional District since 1981. With a focus on economic development, job creation, fighting illegal drugs and preserving Appalachia’s natural treasures, he has a reputation for listening to his constituents and fighting for the region he represents. For more information, visit http://halrogers.house.gov/ or follow Rogers on Twitter @RepHalRogers or on Facebook @CongressmanHalRogers.  

    ####

    f t # e

    Tags: Homeland Security and National Defense, Education, Illegal Drugs, Economic Development and Job Creation, Wayne County, McCreary County, Pulaski County, Whitley County, Laurel County, Rockcastle County, Knox County, Jackson County, Bell County, Clay County, Harlan County, Leslie County, Owsley County, Lee County, Breathitt County, Perry County , Wolfe County, Knott County, Letcher County, Menifee County, Morgan County, Magoffin County, Floyd County, Rowan County, Lawrence County, Martin County, Pike County, Johnson County, Bath County, Veterans, Boyd County, Carter County, Elliott County, Lincoln County

    SOURCE OF INFORMATION:

    drew curtis (Independent) for governor has said he would sign into law a measure allowing the use of recreational marijuana in the state of Kentucky if the legislature approved it.

    By Jack Brammer

    jbrammer@herald-leader.comAugust 10, 2015

    FRANKFORT — Digital entrepreneur Drew Curtis and his wife, Heather Curtis, paid $500 and submitted more than 9,000 signatures Monday morning to enter the race for Kentucky governor and lieutenant governor as independents.

    The secretary of state’s office said a few hours later that the husband-and-wife team from Versailles had submitted at least 5,000 valid signatures of registered Kentucky voters, as required by law, and therefore would appear on the Nov. 3 ballot.

    The major party names on the ballot are Democrat Jack Conway and running mate Sannie Overly, and Republican Matt Bevin and running mate Jenean Hampton.

    Tuesday is the deadline for independent candidates to enter the race.

    Drew and Heather Curtis, both 42, are not the first married couple to run for the state’s two highest elective offices. Steven Maynard and his wife, Bonnie, of Inez ran for governor and lieutenant governor in the 1995 Democratic primary. Paul Patton won the nomination.

    The Conway campaign said it had nothing to say about the Curtis campaign. The Bevin campaign did not respond to a request for comment.

    Speaking at a news conference in front of the Capitol, Drew Curtis said he and his wife were citizen candidates, not politicians.

    Curtis said he didn’t know from which political party he would draw more votes, but he predicted he would win the race and not be a spoiler. He was a Democrat before changing to an independent last year.

    Curtis said that Conway has yet to say no to any question that begins with “would you fund this?” and that Bevin can’t remember his policy positions “20 minutes after he says them.”

    As governor, Curtis said, he would consult with his friends in Silicon Valley and try to use his digital entrepreneurship background to bring broadband Internet access to all parts of Kentucky.

    Curtis is founder of Fark.com, a news aggregation website. He described it as a combination of The Daily Show and the Drudge Report.

    He said he would “use a lot of social media” to win the race and would not accept campaign contributions from special interests.

    To participate in some of the upcoming debates, Curtis said, he would need to attract at least 10 percent of the vote in public polling. In a recent Bluegrass Poll, Curtis stood at 8 percent.

    On issues, Curtis said he thought the state has enough money to continue funding an expanded Medicaid program in 2017, but he wasn’t sure about 2020.

    He said he would sign into law a measure allowing the use of recreational marijuana in the state if the legislature approved it.

    He also said county clerks should “do their job” and issue marriage licenses to all qualifying couples.

    Curtis said he voted for Democrat Barack Obama for president in 2008 but had forgotten his presidential preference in 2012.

    Of this year’s down-ticket candidates for other state constitutional offices, he said he liked lieutenant governor candidate Hampton, saying they had talked about popular fictional characters “Batman” and The Walking Dead.

    Curtis declined to be pegged as a liberal or conservative, calling himself “an ultra-pragmatist.”

    He said he chose his wife to be his running mate because they have operated a company together for 16 years and make “a great team.”

    Heather Curtis said her husband was “brilliant” and that “he moves mountains.”

    Heather Curtis acknowledged that she first said no when her husband told her he would like to run for governor and wanted her to be his running mate.

    Curtis’ campaign manager is Andrew Sowders. His campaign communications director is Heather Chapman.

    Jack Brammer: (859) 231-1302. Twitter: @BGPolitics. Blog: bluegrasspolitics.bloginky.com.

    Read more here: http://www.kentucky.com/2015/08/10/3982402/farkcom-founder-drew-curtis-files.html#storylink=cpy

    We have to stop the Government from abusing our children!

    Sumner (center) has lunch with students at John G. Carlisle School in Covington with Sheriff Chuck Korzenborn (left) and Superintentendent Alvin Garrison (right) (RCN file)

    Not only do they profile us as adults, they do it to our children as well!  And it seems to me that all children are being approached and prosecuted similar if not exactly like adults, no matter the offense. 

    We as parents have to fight for our children not to be abused while in custody of State and/or Federal Authorities.  The schools continue to be a breeding ground for abuse of children by school teachers and other officials, counselors, etc.., And then law enforcement can come in right behind them and traumatize a child at will.  When did we loose the right to protect our children from harm?  Why do we have to sit here and watch while our children are being abused right before our eyes?  The whole scenario is out of control.  It would seem that although these actions are illegal they are still being used with no repercussions.

    “Kentucky’s school personnel are prohibited from using restraints, especially mechanical restraints, to punish children or as a way to force behavior compliance,” said Kim Tandy, executive director of the Children’s Law Center, in a statement. LINK

    There have been two incidents brought out in the media in the past few days in Kentucky which blatantly show the need for Officer’s to be much better trained on  procedures for dealing with a “out of control” child.  If they are not trained or are otherwise unable to render the type of service needed from an Officer in this type of environment then they should not be assigned to those duties.

    S.R., a male minor, 8 years old and 52 pounds at the time of the incident who suffers from PTSD and ADHD, and L.G., a female minor, 9 years old and 56 pounds at the time of her trauma who has PTSD as well, whose Mother’s have both filed suit against the Kenton County Sheriff’s Office as well as the Sheriff of Kenton County Charles Korzenborn and Kevin Sumner, the school Resource Officer  in question has been named both personally and professionally.

    The suit alleges violation of rights under the U.S. Constitution and the Americans with Disabilities Act.

    Allegedly L.G., suffered at the hands of Officer Sumner on not one but two separate occasions in the Fall of 2014.  Sumner was recorded in a video while abusing one of them.  They were both handcuffed behind their backs at the biceps.  This procedure is not justified.

    In a report referred to in the law suit the U.S. Government Accountability Office states that during the period of 1990 to 2009 there were hundreds of complaints of restraint and “seclusion” in schools and at least 20 are known to have resulted in death.

    In 2012 the Kentucky Board of Education limited the use of physical restraint to those incidents in which the Student “poses an imminent danger of physical harm to self or others”.  This “regulation” became active in 2013.

    The Kenton County Sheriff’s Office issued a statement in support of Sumner, stressing that “all the facts and circumstances have not yet been presented.”

    S.R., was in the third grade at Latonia Elementary School at the time of the incident.  According to CRDC 20% of the Student’s at Latonia have mental disabilities.

    In an “Investigation Report” written months later Sumner claims that S.R., attempted to strike him with his elbow, however, he managed to block the hit.

    The suit claims there was no “direct threat justification” for placement of the child into handcuffs.

    L.G., suffered two incidents, the first of which was August 21, 2014 when she was placed in the “in school suspension” room where she continued to be disruptive at which time Sumner proceeded to place her in his patrol car, drive her home, and wait in the driveway for an hour before her Mother came home. 

    On October 3, 2014 once again L.G., was placed into the “in school suspension” room where she continued to be disruptive.  She was then escorted to an “isolation room”.  When she tried to exit the room she was physically detained by the Principal and Vice Principal.  Officer Sumner was summoned to the disruption and handcuffed L.G., for 20 minutes.

    In an “Investigation Report” Officer Sumner claims that he handcuffed her because “she attempted to harm school staff while being restrained”.  The child suffered a severe mental crisis at that time and was transported to the hospital.

    Again, the suit claims there was no “direct threat justification” for placement of the child into handcuffs.

    The “Causes of Action” include:

    Count I – Unreasonable seizure and Excessive Force under the U.S. Constitution, Fourth and Fourteenth Amendments.

    Count II – Disability based discrimination in Violation of Title II of the Americans with Disabilities Act.

    Count III – Disabilities based Failure to Accommodate in Violation of Title II of the Americans with Disabilities Act.

    The “prayer of relief” includes:

    Declare that the actions and inactions described herein violate the rights of the Plaintiff’s S.R., and L.G., under the U.S. Constitution and the Americans with Disabilities Act.

    Issue an order enjoining the Defendant’s from engaging in the unlawful conduct complained of herein.

    Compensatory Damages,

    Punitive Damages,

    All Costs,

    Any further relief that the Court deems just and proper. 

    It is signed by William F. Sharp, Legal Director, ACLU Kentucky,

    Rickell L. Howard,  Attorney,

    R. Kenyon Meyer,  Attorney,

    Claudia Center, Susan Mizner, ACLU Foundation.

    According to LouisvillePeace.org Departments have vague “use of force” policies that allow officers to interpret them the way they want.  This has to change.  Our children’s lives are depending upon it.

    Shackling children is not OK. It is traumatizing, and in this case it is also illegal,” Susan Mizner, disability counsel for the ACLU, said in a statement. “Using law enforcement to discipline students with disabilities only serves to traumatize children. It makes behavioral issues worse and interferes with the school’s role in developing appropriate educational and behavioral plans for them.”

    The ACLU, which filed the lawsuit and posted the videos, said it was a classic example of the “school to prison pipeline,” one of the driving forces in this country’s economy, which has the highest incarceration rate of any industrialized nation in the world.

    Today more than ever we have to live with the fact that many of our children are developmentally and/or mentally challenged.  There are so many mental health issues and Autism is now projected to be affecting  possibly 1 in 68 children. 

  • Autism Prevalence. On March 27, 2014, the Centers for Disease Control and Prevention (CDC) released new data on the prevalence of autism in the United States. This surveillance study identified 1 in 68 children (1 in 42 boys and 1 in 189 girls) as having autism spectrum disorder (ASD).Apr 1, 2014

    Autism Prevalence | Autism Speaks

    https://www.autismspeaks.org/what-autism/prevalence

    Kentucky Kid

    https://www.facebook.com/francis.balducci?fref=ts

    Francis John Balducci

    7 hrs ·

    I am a retired police officer from the NYPD. I served 20 years, nearly half of which in the streets of the South Bronx. This message goes out to school officials of the John G. Carlisle Elementary School and the Latonia Elementary School and, especially, the Kentucky-Fried Idiot named Kevin Sumner and the Kenton County Sheriff’s Office. Children, with or without disabilities, should never be handcuffed simply because they are “acting out.” It is–or it should be–within a professional police officer’s training and expertise to properly and constructively communicate with young people to effectively reach them particularly when they are misbehaving. It is extremely traumatizing and damaging to place children in handcuffs, it is highly counter-productive, and it singularly labels them as criminals while it establishes and reinforces police officers as adversaries. He swung at your elbow, Kevin? Really? That is absolutely no excuse. In similar circumstances, no police officer would ever handcuff your child–not a professional one, no–and it is shameful that you did not afford the parents of those children that you handcuffed the same courtesy and respect. Overall, it amazes me that you would do such a stupid, reckless thing at a time when police officers around the country are making serious efforts to improve community relations that have been exponentially deteriorating throughout recent years. You are a thug as far as I’m concerned.

    ACLU: Deputy sued for handcuffing disabled children – CNN.com

    A Kentucky sheriff’s deputy faces a lawsuit for handcuffing elementary school children who were acting out as a result of their disabilities, the ACLU says

    cnn.com|By Holly Yan, CNN

    22 Likes7 Comments

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  • Dulce Baez Wow! It’s a shame.

    Like · 1 · 5 hrs

  • Blair Winston Christ, but I hate bullies and cowards. Fully functioning professionals do not behave like this.

    Like · 1 · 4 hrs

  • Letty Cruz Thank you.

    Like · 1 · 3 hrs

  • Francis John Balducci As a cop, I had to connect with people, some with social disorders that weren’t even named at that time. I deflected bad behavior, and I somehow gently gained voluntary compliance from the worst of situations–which included a huge number of school fig…See More

    Unlike · 2 · 2 hrs

    Francis John Balducci Thank you, Letty. I love you and Arthur. Miss you both!

    Like · 1 · 2 hrs

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    We have received some messages, reviews, and Tweets today regarding a law suit against a Kenton County law enforcement…

    Posted by Kenton County Police Department on Monday, August 3, 2015

    Other abuse cases:

    September 15, 2014:   

    17-yr.-old In Critical Condition After Window Malfunction Leads to Tasering During Traffic Stop
    Read more at http://thefreethoughtproject.com/17-yr-old-pulled-car-tased-left-critical-condition-rolling-window-witness-window-work/#pw316WTFm6pyflle.99

     

    Sources of information:

    https://www.aclu.org/sites/default/files/field_document/4532_001.pdf

    http://thinkprogress.org/health/2015/08/04/3687939/kentucky-officer-shackles-kids/

    http://photographyisnotacrime.com/2015/08/kentucky-deputy-sued-for-placing-crying-disabled-8-year-old-boy-in-handcuffs-to-teach-him-a-lesson/

    http://www.cnn.com/2015/08/04/us/aclu-disabled-students-handcuffed-lawsuit/

    https://www.fbi.gov/about-us/investigate/civilrights/color_of_law

    http://infocenter.nimh.nih.gov/nimh/product/Treatment-of-Children-with-Mental-Illness-Frequently-asked-questions-about-the-treatment-of-mental-illness-in-children/NIH%2009-4702R

    http://www.louisvillepeace.org/citizens-against-police-abuse-capa—frequently-asked-questions.html

    https://www.facebook.com/sheriffkorzenborn

    http://www.autistichoya.com/2013/01/judge-rotenberg-center-survivors-letter.html

    Robin Rider-Osborne

    Robin Rider-Osborne contributed to this story.  She also posts Northern Kentucky News on Facebook.

  • STOP the F/G Fracking in Kentucky! Send the message now!

     

    Governor Beshear, the General Assembly and the Energy and Environment Cabinet (EEC) are seeking comments on how the Commonwealth should move forward with regulating the oil and gas industry — including fracking. Around the country, fracking has been known to create toxic air pollution, contaminate drinking water and lead to health problems in communities near fracking sites.

     

    ¹ Tell Governor Beshear’s administration that regulations won’t protect the people of Kentucky from the consequences of fracking.

     

    Fracking, formally known as hydraulic fracturing, is the destructive process of extracting oil and gas from deep underground by injecting millions of gallons of fracking fluids — a mixture of chemicals, water and sand — into a well at high pressure to crack open underground rock formations and release oil and gas.

    Since the early 2000s, fracking has been growing rapidly across the country, producing massive volumes of toxic waste, causing accidents, leaks and spills that threaten drinking water, and releasing hazardous air pollution. It has also created explosion risks in homes, marred landscapes and fragmented forests, damaged roads with heavy truck traffic, and lowered property values. Take a stand against fracking in Kentucky.
    Over the last six months, New York and Maryland both rejected moving forward with fracking after damning health reports showed that the health risks posed by fracking were too high. If it’s not safe in those states, then it’s not safe here, either.

    Send a message to your lawmakers: Kentuckians don’t want to be part of an uncontrolled public health experiment.

    Fracking isn’t safe for our communities, and it only prolongs our destructive reliance on fossil fuels. We can meet our energy needs with clean, renewable resources. Instead of spending time trying to regulate a polluting industry, the Governor, the General Assembly and the EEC should put their efforts into energy solutions that don’t poison human health, damage local economies or trash the environment.

     

    Speak out and submit your comment against fracking today.

     

    Thanks for taking action,

    Renée Maas
    Senior Southern Region Organizer
    Food & Water Watch
    rmaas(at)fwwatch(dot)org


    1. Toward an understanding of the environmental and public health impacts of shale gas development: an analysis of the peer reviewed scientific literature, 2009-2014, PSE Health Energy, December 10, 2014.

    If they can "repeal" Obamacare then they can REPEAL the CSA and end the "War on Drugs" …

    Yesterday the news came out about Sen. Mitch McConnell about to REPEAL OBAMACARE with a  “Simple 51-Vote Majority“.

    IMG_20140814_145458

     

    Hallelujah!

    It is my opinion that the “Repeal” option should be utilized more often when good people get hurt by a bad law! 

    That is the reason that I post about “repealing” the laws surrounding the criminalization of the Cannabis plant.

    The whole plant!  Marijuana and hemp are terms used to distinguish the differences in the THC ratio/level of a given plant, however, they are both one in the same species, “Cannabis”. 

    The Cannabis plant is a god-given or “earthly” gift to all of the Human species to do with as they will. 

    As Humans have “free will”  by the law of “nature” or “karma” or even using the famous quote of Newton, “…for every action there is an  equal yet opposite reaction…”, and that for every good there is an evil -( it’s what evens things out) there will be those people who will misuse it.  We cannot control that.  Just as there will always be people who abuse Alcohol and Codeine.  (I could list about a zillion more drugs of abuse here but I wont)  Cannabis IS THE ONE PLANT that can be safely used without much intervention.  It is safe for most people and I do not believe in addiction to Cannabis.  I’ve smoked most of my life and have also done without for periods of time with no indications of addiction. 

    So using this logic I ask you should not the laws surrounding the “Drug War” be repealed?  The laws which sent and are continuing to send people to corporate run prisons?  Any law that turns a good citizen into a common criminal should be repealed, not the least of which is the laws surrounding Cannabis.

    You cannot just continue to add more law on top of more law to correct the old laws which were enacted to further the law of commerce and enslave people to begin with.

    But you can damn sure go back and get rid of the bad laws via repeal, which will give people free will once again and then you can guide them in the best direction possible without incarcerating them for doing something just because you do not like it. 

    The “REPEAL OBAMACARE” attempt is going to be a good case to watch.  It could set a precedent for the “repeal” of other bad laws. 

    In the meantime I’ll continue to post and educate people concerning the differences between “legalize, tax and regulate”, or putting Cannabis into a Schedule II substance under the CSA (Controlled Substance Act) which is one of the worst things we could do right now, as putting it among common pharmaceuticals only increases the regulation and control thereof leading to even more arrests and possible prison time for “misusing a drug”. End prohibition now!  Free our prisoners!  REPEAL !.

    Here is a link to a petition on Change.Org which I put up some time ago:  REPEAL PROHIBITION!

    The following statement was published: 

    McConnell, Lee Continue Effort to Repeal Obamacare Through Reconciliation

    Jul 28 2015

    WASHINGTON – United States Senate Majority Leader Mitch McConnell (R-KY) and U.S. Senator Mike Lee (R-UT) issued the following statements Tuesday on the important tools in the Senate’s balanced budget that allow Congress to pass legislation repealing Obamacare and its broken promises.
    Leader McConnell: “Earlier this year, Senate Republicans passed a balanced budget, and with it the necessary procedural tools – via the budget reconciliation process – to bring an end to the nightmare of Obamacare.  Americans have faced skyrocketing health care costs, rampant fraud and more government between them and their doctors. And Republicans are united in working to repeal the broken promises of Obamacare and allow our country to start over fresh with real health reform that Americans deserve.  We will continue our effort to use reconciliation – as the budget makes clear – to fulfill the promise we made to our constituents.”
    Sen. Lee: “Americans deserve quality health care at affordable prices and Obamacare is giving them the exact opposite. A Senate vote to repeal Obamacare on a simple majority basis through reconciliation is the best way to pursue that goal. The Majority Leader and I are committed to using reconciliation to repeal Obamacare in the 114th Congress.”

    Permalink: http://www.lee.senate.gov/public/index.cfm/2015/7/mcconnell-lee-continue-effort-to-repeal-obamacare-through-reconciliation

    Related Articles:

    http://kentuckymarijuanaparty.com/2015/06/26/the-protection-of-commerce-in-the-form-of-pharmaceutical-industrial-complex/

    http://www.usmjparty.com/repeal-prohibition

    http://kentuckymarijuanaparty.com/2012/09/25/to-all-those-who-believe-that-total-repeal-of-prohibition-is-impossible-i-say/

    https://americansforcannabis.com

    http://kentuckymarijuanaparty.com/2015/05/07/all-roads-in-kentucky-lead-you-through-hell/

    http://dailycaller.com/2014/12/05/prohibition-repeal-is-a-good-model-for-marijuana-legalization/

    http://www.omninerd.com/articles/Random_Drug_Screening_For_Welfare_Recipients

    http://www.constitutionalcannabis.com/

    http://kentuckymarijuanaparty.com/2014/01/02/on-legalization-when-the-u-n-comes-a-marching-along-we-will-all-be-singing-a-brand-new-song/

    https://cpcholding.wordpress.com/2015/06/10/misuse-of-drugs-act-1971-is-it-well-out-of-date/

    https://en.wikipedia.org/wiki/Misuse_of_Drugs_Act_1971

    https://en.wikipedia.org/wiki/Single_Convention_on_Narcotic_Drugs

    https://en.wikipedia.org/wiki/United_Nations_Convention_Against_Illicit_Traffic_in_Narcotic_Drugs_and_Psychotropic_Substances

    http://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1966-01-01_1_page002.html

    https://en.wikipedia.org/wiki/Commission_on_Narcotic_Drugs#Role_in_drug_scheduling

    https://en.wikipedia.org/wiki/Controlled_Substances_Act

     

    Bad laws are made to be repealed! 

    re·peal

    rəˈpēl/

    verb

    verb: repeal; 3rd person present: repeals; past tense: repealed; past participle: repealed; gerund or present participle: repealing

    1. 1.

      revoke or annul (a law or congressional act).

      “the legislation was repealed five months later”

      “the Eighteenth Amendment was repealed in 1933”

    noun

    noun: repeal; plural noun: repeals

    1.

    the action of revoking or annulling a law or congressional act.

    “the House voted in favor of repeal”

    Repeal of Prohibition in the United States. Enacted by the Eighteenth Amendment to the United States Constitution, it proved to be so ineffective that it had to be repealed by the Twenty-first Amendment. This is the only constitutional amendment to be repealed in the U.S.

    Additionally, see this information when Ireland Repeals laws dating back several hundred years!

  • The massive Statute Law Revision Act 2007 in the Republic of Ireland, through which 3,225 Acts were repealed, dating back over eight centuries to 1171 and the earliest laws enacted by England when it began its invasion of Ireland. The statutes repealed include a number of Acts of significant historical interest, including an Act of 1542 providing that the Kings of England shall be Kings of Ireland. This Act is the largest single repealing statute in the history of Ireland.

    TWENTY YEARS OF NARCOTICS CONTROL UNDER THE UNITED NATIONS

    excerpt from http://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1966-01-01_1_page002.html#s120

    III. The problems in 1946: the first solutions

    In order to attempt an assessment of the work done and the evolution which took place since the Commission first met in November 1946, it is first necessary to ascertain what the narcotics situation was at that date. Three elements have to be taken into consideration: the first is the legal basis of the control, i.e. the international treaties then in existence. The second is the disruptions that the war had caused, and the third is the changes which occurred in the world during and immediately after the war. The Commission could not tackle these tasks one after the other and it had to work on all of them simultaneously. Still, it may be stated that, generally speaking, the task of bringing the narcotics situation of the world back to normal was the first undertaken. This occupied part of the first few sessions of the Commission. The Commission was, however, aware of the fact that it was not just taking over directly from the League of Nations, since there lay a six years’ gap in between. It had therefore to assess the changes which made it necessary to adapt the treaty system to the demands of the international community and to work out improvements to that system (through interim measures before addressing itself to the long-term exercise of drafting a single convention).

    The treaty system in 1946

    In 1946, the international control of narcotics was regulated by six treaties: the International Opium Convention signed at The Hague on 23 January 1912; the Agreement concerning the Manufacture, Internal Trade in and Use of Prepared Opium signed at Geneva on 11 February 1925; the International Opium Convention signed at Geneva on 19 February 1925; the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs signed at Geneva on 13 July 1931; the Agreement for the Control of Opium-Smoking in the Far East signed at Bangkok on 27 November 1931; and the Convention for the Suppression of the Illicit Traffic in Dangerous Drugs signed at Geneva on 26 July 1936.

    The Hague Convention formulated the basic principles for the international control which have retained their validity to the present day. The two Agreements on opium smoking were very limited in scope and in fact had very little influence in terms of actual control.

  • Industrial hemp producers may be able to transport their crops across state lines thanks to an amendment to the Senate’s $148.3 billion agriculture spending bill offered by McConnell.

     

     

    Hemp finds place in appropriations bill

    Industrial hemp producers may be able to transport their crops across state lines thanks to an amendment to the Senate’s $148.3 billion agriculture spending bill offered by McConnell.

    The bill cleared the Senate Appropriations Committee on a 28-2 vote on Thursday.

    “Kentucky’s industrial hemp pilot programs continue to prosper and I want to make sure our legal hemp producers can safely transport their crops between states, including to States that maintain processing facilities, so they can fully capitalize on the commercial potential for this commodity,” McConnell said in a statement.

    Kentucky Agriculture Commissioner James Comer praised McConnell’s efforts to boost hemp production in the U.S., saying the state’s agricultural sector “continues to be indebted to Senator McConnell for his continued leadership on industrial hemp.”

    The GOP majority leader also worked with a pair of Democratic senators — Jeff Merkley of Oregon and Jon Tester of Montana — last month to maintain state-level industrial hemp pilot programs despite the illegality of marijuana’s botanical cousin at the federal level, according to a news release.

    “This latest language reemphasizes that industrial hemp from a farm bill research program is an agricultural commodity,” Comer said in a statement. “The ability of Kentucky to research the full potential of industrial hemp through processing, marketing, and sales is vital to understanding the future possibilities for industrial hemp.”

    Kentucky is one of 13 states that allow the commercial production of industrial hemp, with seven others operating research-only plots, according to an analysis by the National Conference of State Legislatures.

     

    CONTINUE READING…

    If ever a well-intentioned government program was trusted too much and verified too little, it’s the 340B Drug Pricing plan created by Congress in 1992

    Transparency: The Best Medicine for Drug-Pricing Program

    09 July 2015 SurfKY News

    0 Comments

    BluegrassBeacon 01 300

    KENTUCKY (7/9/15) — If ever a well-intentioned government program was trusted too much and verified too little, it’s the 340B Drug Pricing plan created by Congress in 1992 to help indigent and uninsured patients acquire costly prescription medicines.

    The policy forces manufacturers to sell those drugs to participating hospitals at reduced rates; some price at more than 50 percent below retail.

    However, a lack of proper oversight combined with passage of the Affordable Care Act has resulted in a collusion between big hospitals, big pharmacies and big government, causing an explosion in the size of 340B.

    More than 14,000 facilities have signed up despite the fact that 340B was initially meant to serve only around 90 safety-net hospitals and clinics. Spending on 340B ballooned from $1.1 billion in 1997 to more than $7 billion in 2013 and is projected to reach $16 billion by 2020.

    The 340B cabal seems to force one industry – drug manufacturers – to subsidize huge profits of hospitals and big-chain pharmacies that likely don’t provide direct benefits to vulnerable and uninsured patients, at least not in proportion to the savings the facilities squeeze from makers.

    Participating hospitals simply aren’t required to reveal enough relevant data needed to determine whether they use the 340B program as Congress intended or merely to enhance their bottom line.

    A congressional hearing was finally held in March after a growing chorus of voices – including mine in a column last year – criticized Congress for failing to hold a single oversight hearing in the 22 years since 304B’s creation even though the Health Resources Services Administration, the program’s oversight agency, admitted more accountability is needed.

    But an effective prescription will involve more than tepid talk.

    Answers are needed for fundamental questions, including: Should hospitals offering extremely low percentages of charity care even be allowed to participate in the 340B program?

    It doesn’t take a brain surgeon to suspect hidden, costly maladies and seek a second opinion on the condition of the program at places like Duke University’s rich hospital, which, according to a four-page letter to the HRSA from Sen. Charles Grassley, R-Iowa, reported 340B profits of $463 million between 2009 and 2012 while treating no more than 5 percent charity cases in any of those years.

    While some Kentucky hospitals and clinics seem to correctly use the program by caring for large percentages of 340B patients, it’s certainly questionable whether others are passing on to these patients the savings they receive, much less whether they even qualify for participation – considering how small a percentage of their overall revenues are devoted to charity cases.

    For instance, there’s a stark difference in Louisville between University Hospital, where, according to the Centers for Medicare and Medicaid Services, charity cases comprised nearly 10 percent of their patient load in 2014, and Norton Healthcare, which, despite $1.5 billion in revenues and 53 contracted pharmacies, reported less than 1 percent of vulnerable patients.

    Still, both are considered “Disproportionate Share Hospitals,” allowing them to purchase highly discounted 340B medicines.

    We also see such disparities in other parts of Kentucky.

    Charity cases in 2014 comprised more than 9 percent at St. Joseph Hospital in Mt. Sterling but less than 0.5 percent at T.J. Samson Community Hospital of Glasgow and The Medical Center of Bowling Green, which reported $125 million and $285 million in revenues, respectively, during that same year.

    Yet all three hospitals claim to serve a “disproportionate” share of indigent patients and are eligible to participate in 340B.

    What’s needed are disproportionately large doses of transparency to help determine whether 340B hospitals are, in fact, passing manufacturers’ savings on to enough needy patients.

    Some unquestionably are; others undoubtedly profit in big ways from failing to do so and should be rendered ineligible for further participation.

    Jim Waters is president of the Bluegrass Institute, Kentucky’s free-market think tank. Reach him at jwaters@freedomkentucky.com. Read previously published columns at www.bipps.org.

    CONTINUE READING…