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When home's a prison
The political debate on Anti-Social Behaviour Orders may be clear - they either cut crime and mend society, or betray socialism and civil liberties - but what do they really mean for the families hit by them? Decca Aitkenhead finds out
Read part two of When home's a prison here
Decca Aitkenhead
Sat 24 Jul 2004 05.00 EDT
One of the unusual things about a boy with an Anti-Social Behaviour Order is that everybody knows where to find him. When a child is convicted of a criminal offence, the anonymity to which young offenders are ordinarily entitled prevents you and me from discovering his name, what he looks like, or where he lives. This protection has a long legal tradition. Had Michael Talbot therefore been prosecuted for, say, burning down a house, I would never have found him. But as the subject of an Anti-Social Behaviour Order (Asbo), the 13-year-old's name had been made public property. It was simply a question of knocking on his door.
His mother opened it. Susan Ashton is a small, fiery Mancunian with bright, indignant eyes and a great deal to say. She was so angry that the words came tumbling out in a chaotic fury - and to anyone with misgivings about the justice of Asbos, it was precisely the kind of story that will worry them.
Early last year, the council applied for an Asbo against Michael. He had been accused by neighbours of trespassing in gardens, tormenting residents, vandalising property and shouting abuse. A court heard the complaints - some submitted anonymously - and granted an Asbo banning Michael for two years from areas of the north Manchester estate where he lives. Asbo cases are heard in civil courts, so the complaints against Michael did not have to be proven beyond reasonable doubt, but merely judged on the balance of probability. Yet now, if Michael - who has never been convicted of, or even charged with, a single crime - is caught simply standing in a forbidden street, he will be committing a criminal offence that can carry a sentence of up to five years.
"And all that for knocking on doors and running through gardens! Isn't that what kids do? That's not anti-social behaviour." Susan Ashton stabbed a finger. "The courts are full of shit. Put that down. I mean, it's not as though he comes from a bad home! We've worked all our life. You name it, he's got it." She pointed around the immaculate lounge, at its plump sofas and faux-marble fireplace. "But they can be telling a pack of lies about you once these allegations have been made, and you've got no say in the matter."
Michael came down from his bedroom. He is a slight, dark-haired boy, handsome but awkward, poised between childhood and adolescence. "I probably shouldn't have done some of the stuff I did," he mumbled. "But you know, they were, like, childish things, like knock-a-door run or ghost knock, where you tie a bit of string. Really childish things."
Michael's cousin was being threatened with an Asbo as well. The courts were handing them out "like hot dinners", his mother claimed. "These neighbours, they're all people who are old and they want children to be seen and not heard - but you can't bring them up like that. This is just a kid growing up and getting a little bit giddy and learning by his mistakes. They aren't naughty. They're just little boys growing up."
Susan Ashton works as a cleaner for the council. She is not a student of jurisprudence, but she has a powerful instinct for the legal anomaly of her son's situation, so her fury is sustained by bewilderment. How can it be that her son has never been charged with a crime, yet faces the threat of prison for doing something not even illegal? "I've lived here all my life. I've voted Labour all my life. What's going on?"
Labour runs Manchester City Council. Since Asbos were introduced five years ago, Manchester has issued more than 300 orders - almost twice as many as any other city in the country - and has led the field not only in numbers, but in the imaginative audacity of its Asbos. Some orders have included a ban on riding a bicycle in the city centre, on meeting more than three non-family members in public, on wearing a balaclava in the street, on wearing a single golf glove. One Asbo received nationwide coverage in January for its ban on a 14-year-old boy saying the word "grass" anywhere in England or Wales until 2010, and in April a city magistrate served what was believed to be a first, banning a 16-year-old boy from misbehaving in school. If he disrupts a class, he can now be sent to prison.
These restrictions are difficult to enforce unless the local community is made aware of them, so Manchester has printed almost 200,000 leaflets, delivered through neighbours' doors, each one listing an Asbo's prohibitions and urging residents to report any transgression. "Not Wanted" posters have been put up on some streets and the Manchester Evening News has assisted by publishing on its front page the names and photographs of the "yobs". The police are delighted, and the naming and shaming is hugely popular with residents, who sense that their quality of life is finally being taken seriously.
The man responsible for stretching Asbos to their legislative limits is Basil Curley, Manchester's executive member for housing. A gruff, lifelong Labour man, he is proud of his record as the Asbo pioneer and tired of "people who live in Surrey" talking to him about civil liberties. Curley has no patience with the suggestion that Manchester is instituting a kind of authorised vigilante justice, or effectively writing its own laws, jailing people for offences that no parliament would make punishable by prison.
"We could prosecute all these yobbos in a criminal court if we liked," he told me. "But because we're a caring council, we want to give everyone an opportunity to change. We're not about criminalising people, we're about getting them to change their behaviour, and this is a warning system."
Was he worried about putting 10-year-olds' faces on the front page of newspapers? "If kids are capable of going out and robbing someone in their 80s, they've made a decision about that, haven't they? It's about decisions and free will. You know," he sighed, "it's not about middle-class people setting rules or standards for working-class people. A lot of us came from poor backgrounds; I know lots of people whose parents split up, and they didn't go round putting fireworks through people's doors or wrecking people's cars. Deprivation isn't an argument. The people who come to us to demand improved standards are working-class people."
Deep inside Manchester town hall, a gothic cathedral to municipal socialism, Curley and his team believe they are fighting for the left, and winning. "Do you understand what we're doing?" his deputy appealed. "We're dealing with Mrs Thatcher's grandchildren. We're dealing with the children of the people who grew up under Mrs Thatcher, and were brutalised. We're recreating society. Putting back some of the social glue. We have nothing - nothing - to be ashamed of as socialists. If you're rich, you can buy yourself out of it, but these things take place among deprived communities. They want social glue and that's what we're trying to give back to them."
Very few issues can be more intimately sprung to the dynamics of New Labour than anti-social behaviour, for it captures the confusion of what it means to be progressive. Anti-social behaviour has manoeuvred socialists into positions they remember sounding rightwing 20 years ago, and induced the zealotry some need to steady their nerves. Fighting the behaviour with Asbos has given many on the left their first authentic sense of victory - of yielding power on behalf of the vulnerable - and the fight has the pleasing ring of populism. It communicates the party's transfer of faith from the delicacies of moral idealism to the dogma of what works.
It is probably because of this that Asbos tend to be discussed in black-and-white terms. Do they work or not? Are they right or wrong? Does Michael Talbot's Asbo help glue society back together, or betray socialism and civil liberties? Yes or no?
The political debate has such appealingly sharp edges that it is tempting to hope the same definition can be found in the actual lives of people who behave in an anti-social fashion. My experience of three families with Asbos was that all of these questions were simpler to answer the less time one spent with them. Proximity to their lives blurred the edges so quickly that any hope of answers vanished, and even the questions became almost meaningless, lost in the drama of domestic turmoil.
Just south of Hyde Road in Gorton, east Manchester, a lattice of Coronation Street back-to-backs limps into this century, scarred by boarded-up windows and broken-down doors. The Ward family lives on one of these streets - almost literally, in fact, for their house spills on to the pavement in a trail of broken toys, a one-wheeled bicycle and a dismembered shopping trolley. The windows of the house have been haphazardly patched with Perspex; the front door, re-hung back to front, hangs crooked and is slightly ajar. As I pushed it open, I thought I might have stumbled upon a burglary. Then a quilt on a sofa stirred and Eileen Ward sat up, rubbing her eyes.
Eileen, 17, and her sister Kathleen, 15, achieved local notoriety last August when they became the first sisters to receive Asbos. The pair were accused of threatening behaviour, of using foul, racist language and of stealing, and were banned from a large area of Gorton. Their family had to leave its three-bedroom council house because of the Asbos and had moved into this privately rented address, where exposed cables hung from the ceiling like vines, every single kitchen drawer and door dangled from its hinges, jumble piled up in heaps and the floor was a jigsaw of broken lino, bare boards and worn carpet.
By the time Eileen was fully awake, the room had filled with children. There are seven; after Eileen and Kathleen come Barbara, 13, Tommy, 11, Lizzie, nine, Jimmy, five, and Douggie, four. Kathleen was no longer living with the family, but the house still overflowed, for none of the children had been to school since they had moved. They appeared to be unravelling dangerously, the little ones tearing through the house, randomly violent, toothless, in tatters and filth.
With her wide, blue eyes, creamy cheekbones and full lips, Eileen is startlingly beautiful; in another life, she would look like Kate Moss. But in this one, worn down by a bad reputation, her youth has already begun to fade. "I'm a nice person," she protested, between scolding and soothing her baby brothers. "I'm not a proper thug, I don't think I'm hard. But having an Asbo, it's not nice, it's disgusting. People stare at you when you're on the bus. It's shameful." She sagged and shrugged. "People won't give me a second chance. It's hard to get a job. They say, 'We'll get back to you, Miss Ward.' Only they never do."
Why not come back later and meet her mum, she suggested. She had been dying to tell her side of the story, only nobody would listen. "Mind you," Eileen grinned, "you'd better bring a bigger notepad."
Zach Tutin is the infamous teenage boy whose Asbo bans him from saying "grass" until 2010. The order also outlaws the words "slag", "cripple" and "Paki", and bans Zach from using the main thoroughfare of Moston, east Manchester, where he lives with his mother. Outside the house, an aborted "Zac" had been sprayed in shaving foam on the pavement, beside a pool of vomit and a crumpled lager can. The door was answered by a small, olive-skinned boy.
Zach finds it difficult to talk about himself. A presumption of non-cooperation competes with an impulse to boast, and the challenge of chronological order only makes matters worse. The biggest challenge, though, is concentration. "I can't sit here for 20 minutes and just talk," he said, and it was true. "I've got a short attention span." A psychologist had told him this when he was 11 years old.
His parents had separated when he was eight. His father, who is Asian, stayed in touch, but his mother disappeared completely, so Zach and his younger sisters lived with their grandmother. By 11, Zach was in serious trouble. "I got done for battering someone. I had to go to court but then, before that, I battered him again. And then I got done for arson. And it just carried on from there. I've been hit for loads of things. Lost count, me."
His mother unexpectedly returned when he was 13. "It made me feel a bit better," Zach conceded, "her coming back. It felt good." He and his younger sisters moved back in with her. "But I was angry as well." He got expelled that year, for "slicing someone's legs. 'Cause he called me a - " Zach isn't allowed to say the word, but it was "Paki".
Did people often call him a Paki? "Sometimes."
Was it fair for the school to expel him? "I suppose so." His eyes gently closed, overwhelmed by a veil of boredom. Then, as if suddenly worried I might not think to ask, he volunteered: "I've been locked up before." Interest secured, he could retreat again, and the awkward dance of information resumed.
We met several times. Sometimes Zach would appear stoned, and the tattered terraced house was usually full of teenagers. His father collected him most mornings to go to a special school for excluded pupils, but the days passed in shapeless boredom and distraction. Zach's mum, only 33 herself, would come and go, by turns cheerful and harried, yelling about the mess. Her moods were voluble and transparent, whereas Zach's were unreadable, hidden behind small black eyes.
Zach was the least indignant person I met in Manchester. He has travelled beyond defiance to a place so closed down that he can reflect on his circumstances with anaesthetised indifference, sounding almost philosophical. Lacking the hope that defensiveness would require, he has arrived at more or less absolute fatalism. "You always think it won't happen again," he mumbled. "But it always does."
The local press have called Zach a thug. His father said he's just a boy whose short life had been very, very hard. I asked how Zach would describe himself - and for the only time the anaesthetic lifted. "I can't describe myself!" Surprised, without a script, he looked lost. Pressed again, he shouted to his friends in the lounge for help.
"Pain in the arse!" one shouted.
"Funny!"
Zach relaxed. When I tried again, he made as if the question was stupid. "I don't know. Cheeky. That's it." What else? "Just ask the questions!" His face burned with anger. "Ask another question." Coaxed once more, he folded up with confusion. "I can't describe myself. 'Cause you don't know how you act sometimes, do you? I just do things. I don't know."
· Read part two of When home's a prison here
Prisons and probation
UK civil liberties
Asbos


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All about Drug Offenses
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Advisory on the Increased Vulnerabilty of Women Migrant Workers on Death Row
By Commission on Human Rights of the Philippines, on 3 December 2021
Government body report
More details Download [ pdf - 1457 Ko ]
The Commission on Human Rights of the Philippines issues this advisory to bring the Philippines' attention to the heightened vulnerabilities of women Overseas Filipino Workers (OFWs).
Document type Government body report
Countries list Philippines
Themes list Drug Offenses / Legal Representation / Women
Available languages Avis sur la vulnérabilité accrue des travailleuses migrantes dans le couloir de la mort
Take Action for World Day 2021!
By World Coalition Against the Death Penalty, on 10 September 2021
Take action now! The 19th World Day Against the Death Penalty is an excellent opportunity to publicly oppose the use of this inhumane punishment and to support those who are fighting for its abolition all over the world.
Fair Trial
The war on drugs, forensic science and the death penalty in the Philippines
By Maria Corazon A.De Ungria and Jose M.Jose, on 10 August 2021
The effectiveness of the death penalty to deter heinous crimes remains a contentious issue even though it has been abolished in many countries. Three years into President Rodrigo Duterte's administration, the push to re-impose the death penalty is being taken seriously.
There is urgency in providing options to the drug problem other than killing drug suspects in the streets or sentencing them to death. The drug problem is a complex issue and exposes the human vulnerability of its users for criminal exploitation.
We propose here that addressing these vulnerabilities in a balanced and comprehensive manner through health-focused, rights-based criminal justice responses, conducting forensic science-based drug investigations and determining the social causes of drug abuse is an alternative solution that demands cooperation across different sectors of society as well as underscores the fundamental value of human life.
Document type Academic report
Themes list Drug Offenses
Death in the time of Covid-19: Efforts to restore the death penalty in the Philippines
By Jose M.Jose and Maria Corazon A.De Ungria, on 10 August 2021
The Philippine Congress recently passed a bill amending the Dangerous Drugs Act of 2002 and reimposing the penalty of life imprisonment to death for specific-drug related offenses. House Bill No. 7814 also allows the presumption of guilt in certain drug-related crimes unless otherwise proven, thereby overturning the long-standing constitutional presumption of innocence.
The bill has been sent to the Senate for its concurrence and could only be several steps away before being signed into law by President Rodrigo R. Duterte. This paper discusses the ramifications of the new bill and the questioned timeliness of its passage when the country continues to have a large and overcrowded prison population and a significant number of deaths due to SARS-CoV-2 in Southeast Asia.
The government's lapses in following the 2021 national vaccination plan became apparent in the 31 March 2021 assessment made by the congressional health panel on the government's response to the pandemic.
From the authors' perspective, the urgency of using the country's limited resources to help medical frontliners and local government units prevent further infections and save lives should have outweighed the efforts exerted to pass a law that legalized the death penalty for the third time in the Philippines.
Investigating Attitudes to the Death Penalty in Indonesia in bahasa Indonesia
By Universitas Indonesia LBH Masyarakat Universitas Oxford The Death Penalty Project, on 10 August 2021
Pandangan Para Pembentuk Opini tentang Hukuman Mati di Indonesia
Countries list Indonesia
Themes list Drug Offenses / Public Opinion
Investigating Attitudes to the Death Penalty in Indonesia
By Carolyn Hoyle - The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, on 10 August 2021
In 2019-20, The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, commissioned Professor Carolyn Hoyle, of The Death Penalty Research Unit at the University of Oxford to conduct research investigating attitudes towards the death penalty in Indonesia.
The findings have been presented in a two-part report; the first details the findings of a nuanced public survey and the second details the findings of interviews conducted with opinion formers.
Capital Punishment, 2019 – Statistical Tables
By U.S. Department of Justice Tracy L. Snell, on 10 August 2021
Death Row Conditions
This report presents statistics on persons who were under sentence of death or were executed in 2019
Countries list United States
Themes list Death Row Conditions / Drug Offenses
Violations of the Right to Life in the Context of Drug Policies
By International Harm Reduction Association (IHRA), Corporación ATS Acción Técnica Social, IDPC Consortium, Washington Office on Latin America, non-governmental organizations in special consultative status, Anti-Death Penalty Asia Network (ADPAN); Capital Punishment Justice Project (CPJP); Centre on Drug Policy Evaluation (CDPE); Cornell Centre on the Death Penalty Worldwide; Eleos Justice - Monash University; Instituto RIA, AC; Iran Human Rights (IHR); World Coalition Against the Death Penalty., NGO(s) without consultative status, also share the views expressed in this statement, on 10 August 2021
Harm Reduction International and co-signatories congratulate Mr Tidball-Binz on his appointment as Special Rapporteur on summary executions. With this statement, we highlight key violations of the right to life enabled by repressive drug policies or reported in the context of drug law enforcement; and encourage this Rapporteur to pay specific attention to the impact of […]
Women sentenced to death: An invisible reality
By Advocates for Human Rights, International Federation of ACAT (Action by Christians for the Abolition of Torture), International Harm Reduction Association (IHRA), non-governmental organizations in special consultative status, on 4 August 2021
The World Coalition Against the Death Penalty and supporting member organizations welcome the annual full-day meeting to discuss the human rights of women under resolution 6/30.
Death Penalty For Drug Offences: Global Overview 2020
By Harm Reduction International (HRI), on 4 May 2021
Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007.
This report, our tenth on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international law.
Adoption of Bill Allowing the Imposition of the Death Penalty for a New Crime.
By Grace Keane O'Connor , on 30 April 2021
Philippine House Bill No. 7814 provides the death penalty for a new crime under the 2002 Comprehensive Dangerous Drugs Act.
Keep the Death Penalty Abolished in the Philippines (Waray)
By World Coalition Against Death Penalty, on 23 March 2021
This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.
Document type Campaigning
Keep the Death Penalty Abolished in the Philippines (Tausug)
Keep the Death Penalty Abolished in the Philippines (Tagalog)
Keep the Death Penalty Abolished in the Philippines (Pangasinense)
Keep the Death Penalty Abolished in the Philippines (Marano)
Keep the Death Penalty Abolished in the Philippines (Kapampangan)
More details Download [ pdf - 731 Ko ]
Keep the Death Penalty Abolished in the Philippines (Ilokano)
Keep the Death Penalty Abolished in the Philippines (Hiligaynon)
Keep the Death Penalty Abolished in the Philippines (English)
Available languages Maintenir l'abolition de la peine de mort aux Philippines (Français)
Keep the Death Penalty Abolished in the Philippines (Cebuano)
Keep the Death Penalty Abolished in the Philippines (Bicolano)
No one is spared – The widespread use of the death penalty in Iran
By League for the Defence of Human Rights in Iran, on 5 November 2020
Document type Array
Countries list Iran (Islamic Republic of)
Themes list Drug Offenses / Fair Trial / Juveniles / Women
Reorienting Drug Policy in Indonesia towards the Achievement of the Sustainable Development Goals
By LHB Masyarakat, Swiss Federal Department of Foreign Affairs, on 6 August 2020
Indonesian not-for-profit organization LBH Masyarakat, Reprieve, and the Swiss Federal Department of Foreign Affairs recently published a report that reframes the drug problem and corresponding policy action in light of the country's commitment to the achievement of the Sustainable Development Goals (SDGs). The report argues that the drug policies currently in place in Indonesia must be re-evaluated in such a way that tackles poverty and inequality and prioritizes support for those who are "left behind", and put an end to its current punitive strategies.
Singapore Executes People Sentenced to Death for Non-violent Crimes and Threatens their Lawyers
By Dinda Royhan, on 19 September 2019
On 13 July 2019, Think Centre reported that 32 executions have occurred in Singapore since it ended its moratorium on the death penalty in 2014. At the same time, lawyers defending capital cases have reported receiving threats from the government. As of the date of writing, Singapore is among 24 world states that have not ratified the ICCPR and its protocols.
Drug policy reform, harm reduction movement and the death penalty abolition movement have much in common
By Aurélie Plaçais, on 26 June 2019
As 26 June is "Support. Don't Punish" Global Day of Action, the World Coalition shares some insight on the 2019 Harm Reduction International Conference which took place in Porto end of April.
The Death Penalty for Drug Offences, A Global Overview 2017
By Harm Reduction International, on 26 March 2018
This report identifies 33 countries and territories that retain the death penalty for drug offences, including nine in which the sentence is mandatory. Hundreds of people continue to be executed for non-violent drug offences every year by a small minority of States committed to aggressively pursuing extremely harsh penalties for drug crimes, in clear violation of international law.
Annual report on the death penalty in Iran 2017
By Iran Human Rights (IHR) - Together Against the Death Penalty (ECPM), on 22 March 2018
The report shows that in 2017 at least 517 people were executed in the Islamic Republic of Iran. This number is comparable with the execution figures in 2016 and confirms the relative reduction in the use of the death penalty compared to the period between 2010 and 2015.
Death penalty and the "war on drugs" discussed during the 60th U.N. Commission on Narcotic Drugs annual meeting.
By Lorène du Crest, on 31 March 2017
In March 2017, the 60th Commission on Narcotic Drugs annual meeting in Vienna took place. During this meeting, governments have been encouraged to "promote proportionate national sentencing policies for drug-related offences". The death penalty was addressed during several side events.
Philippines: one step forward in the reintroduction of the death penalty
By Lorène du Crest, on 3 March 2017
The Philippines are a step closer to the reintroduction of the death penalty, violating their international obligations.
ASEAN countries step back on the path towards abolition
By Tiziana Trotta, on 27 October 2016
Asia has the highest number of retentionist countries in the world. Eight members of the Association of Southeast Asian Nations (ASEAN) retain the death penalty and four of them carried out executions in 2015.
Explaining the Death Penalty for Drug Offences: the Best Reports
By Elisa Bellotti, on 2 November 2015
For October 10, many NGOs have published Reports analyzing, from different perspectives, the issue of the death penalty for drug offences. Read this brief presentation of the reports to facilitate the selection of the research that will best satisfy your thirst for knowledge.
The death penalty for drugs must go, it has no place in a civilised society
By Aurélie Plaçais, on 21 October 2015
Those were the words of Anand Grover, former UN Special Rapporteur on the right to health during the opening ceremony of Harm Reduction International's 24th conference in Kuala Lumpur, Malaysia.
Executions for drug crimes: a violation of international law -international organizations
International organizations joined the 13th World Day Against the Death Penalty to stand against this cruel practice. United Nations, the European Union and the Inter-American Commission on Human Rights merged to claim that capital punishment is not the solution to deter drug crimes.
Iran: more than 800 people executed in 2015, 500 for drugs
By Iran Human Rights, on 13 October 2015
Ahead of the 13th World Day Against the Death Penalty, Iran Human Rights is raising awareness about the implementation of the death penalty in Iran for drug-related offenses. Reports from the IHR website indicate that Iranian authorities have carried out more executions in 2015 than any other year in the past 25 years.
Imposing the death penalty has not reduced drug crimes in Asia -New Report
By FIDH & World Coalition, on 10 October 2015
Death penalty for drug crimes in Asia: an illegal practice reveals report published on World Day by FIDH and the World Coalition
China reduces the number of crimes punishable by death to 46, but keeps drug trafficking in the list
By Aurélie Plaçais, on 7 October 2015
China removes nine non-violent and rarely used criminal offenses from capital punishment.
Discussing the Death Penalty for Drug Crimes at the Human Rights Council
By Elisa Bellotti, on 30 September 2015
The Advocates for Human Rights and Together against the Death Penalty (ECPM), in partnership with other members of the World Coalition, organized a Round Table on the issue of the death penalty for drug-related crimes. The event took place during the 30th Session of the UN Human Rights Council, on September 28, 2015.
Calendar of events for World Day 2015
Browse the schedule and the map to prepare and promote the events planned around the world on the big day.
The death penalty for drugs: a central point during the regional congress
By Lauranne Mailhabiau, on 23 June 2015
In Asia, death penalty for drug offences is one of the major issues. During the regional congress, two sessions addressed this issue. It is also the theme of this years' World Day against the Death Penalty on 10 October 2015.
Indonesia: execution for drug crimes is no solution
By World Coalition Against the Death Penalty, on 26 January 2015
In an open letter, the World Coalition and its members, including KONTRAS and Amnesty International, condemn the Indonesian government's politicizing of the death penalty to show its commitment to eradicating drug-related crimes. Recent resumptions of executions show one thing, they are carried out for political reasons only: in Pakistan to show that it is tough on terrorism, Jordan that it tough on crime and Indonesia that it is tough on drugs. Instead, those states should abolish the death penalty to show their commitment to upholding human rights. The next World Day against the Death Penalty will be dedicated to the issue of capital drug crimes.
UN: freeze funding of Iran counter-narcotics efforts
By World Coalition Against the Death Penalty, on 17 December 2014
The World Coalition and its members call on UNODC to stop support to Iran as executions for drug trafficking surge.
Improved access to unique global death penalty library
By Thomas Hubert, on 10 July 2014
The World Coalition has redesigned its online library to help visitors find the documents they need in its multilingual database of resources and campaigning tools on capital punishment.
Cruel, Inhuman and Degrading Treatment and Punishment
Murder Victims' Families
How far is China ready to reduce its use of the death penalty?
By Aurélie Plaçais, on 25 November 2013
The number one executioner in the world recently made national and international commitments to continuing to reform its death penalty, but how far is China really ready to go?
Stats show Iran executions are linked to political events
Figures examined by World Coalition member organisation Iran Human rights show peaks in the use of the death penalty before and after each election.
"Iran kills for possession of less than 50g of drugs"
By Thomas Hubert, on 9 April 2013
Annual reports published by two World Coalition member organizations of Iranian exiles expose the disproportionate use of the death penalty in Iran, mostly against drug users and traffickers.
Briton's death sentence puts Indonesians at risk
By KontraS, on 31 January 2013
The World Coalition's Indonesian member organization KontraS has raised the international consequences of Lindsay Sandiford's high-profile capital case in an opinion article published by the Jakarta Globe newspaper, calling on the country to abolish the death penalty.
Drug-busting aid to Iran must be frozen
By Thomas Hubert, on 27 November 2012
The World Coalition is calling on international donors to stop helping Iran enforce abusive capital drug laws.
Singaporean and Malaysian activists welcome changes in their country
By World Coalition Against the Death Penalty, on 16 July 2012
In Singapore and Malaysia, governments are considering removing mandatory death penalty in some drug and murder cases. A move welcomed by activists on the ground, though they consider it "only a small step in the right direction".
10 years, 132 members, 45 countries
By Florence Bellivier, on 30 June 2012
Penal Reform International welcomed the World Coalition Against the Death Penalty to celebrate its tenth anniversary in Jordan with support from Justice Minister Khalifa Al Sulaiman.
Highest execution numbers in Iran in 10 years
By Mahmood Amiry-Moghaddam, on 13 March 2012
Iran Human Rights has published its annual report on the death penalty in Iran in 2011. IHR's international spokesperson Mahmood Amiry-Moghaddam says the Iranian authorities are keeping the number of executions high because they use the death penalty as a political tool.
More than 1,000 sentenced to death in Iraq in 8 years
By Dr Nasr Abbood, on 1 March 2012
The Iraqi institutions established after the US-led invasion and the fall of Saddam Hussein have reinstated the death penalty and extended its scope since 2004. In this op-ed article, Iraqi Coalition Against the Death Penalty president Nassr Abood calls for alternative sentences and for a strong stance from the international community.
The shared responsibility of capital punishment
on 27 September 2011
Everyone agrees that the highest international standards should apply in the fight against drug. But what about the standards used in punishing traffickers- and the inappropriate use of the death penalty against such criminals?
Asia still top executioner but more divided than ever: Hands Off Cain Report
By Aurélie Plaçais, on 11 August 2011
Hands Off Cain's 2011 Report contains the most important facts regarding the practice of the death penalty in 2010 and the first six months of 2011.
India asked to maintain the moratorium on executions
By Emile Carreau, on 28 July 2011
After a six year moratorium on executions, India's President Patil has rejected the mercy petition of two Indian nationals despite international outcry to maintain the moratorium.
Amnesty 2010 stats: retentionist countries increasingly isolated
Countries which continue to use the death penalty are being left increasingly isolated following a decade of progress towards abolition, Amnesty International has said in its new report Death Sentences and Executions in 2010.
Outrage as Iran's execution figures explode
Iran hanged 121 people in six weeks between 20 December 2010 and 31 January 2011, many of them after unfair trails and for crimes that did not result in a person's death.
NGOs seek abolition before African human rights body, The Gambia bucks the trend
The African Commission on Human and Peoples' Rights met in Banjul between November 10-24. A group of abolitionist organisations took part in the conference.
FIDH report on Vietnam: an update on death penalty statistics
The FIDH and the Vietnam Committee on Human Rights released a new report, From Visions to Facts: Human Rights in Vietnam under its Chairmanship of ASEAN, on 16 August 2010.
Singapore arrests writer over death penalty book
The British author of a book on Singapore's death penalty is facing prosecution for criticizing the massive use of capital punishment in the Asian city-state.
Four Japanese executed in China
A Japanese abolitionist organisation has criticised both the Chinese and the Japanese authorities after the series of executions.
Crime and populism prevent abolition in the Caribbean
The region has the highest crime rate in the world. Whether it is gratuitous violence, domestic violence, ethnic tensions or drug-related violence, people want solutions faced to the accumulation of crime.
Clever use of online tools could boost activism
Kathy Brown, an English IT specialist, is not the typical anti-death penalty campaigner. She is not an NGO-registered lawyer nor a political science student. But through the internet, she has become active in the global abolitionist community.
Protecting vulnerable groups from the death penalty
Juveniles and the mentally ill face a higher risk of falling victims to the death penalty. Abolitionists and activists defending their rights have teamed up to highlight this situation.
Resumption of executions in Thailand criticised
The Thai government has attracted widespread condemnation from the global abolitionist movement after it had two drug traffickers executed.
End the death penalty for drug-related offences
June 26 is a world day of action against drugs. Several international NGOs have joined their voices to condemn the use of capital punishment against drug users and traffickers.
Indonesian activists face upward death penalty trend
Indonesia-based researcher Dave McRae finds that a core group of abolitionists are battling a rise in the number of executions, death sentences and death row inmates in the country.
Vietnam considers reduction in scope of death penalty
on 9 February 2009
Vietnamese Justice Minister Ha Hung Cuong has proposed a reduction in the number of capital offences – a demand put forward by the World Coalition's demands on World Day Against the Death Penalty.
1,700-mile "Walk4Life" across the US
American hip-hop artist Andre Latallade, also known as Capital-"X", will walk 1,700 miles from New Jersey to Texas from March 31 to campaign against the death penalty.
ADPAN: tearing down Asia's death penalty veil of secrecy in 2008
The majority of executions take place in Asia. But this is also the continent where campaigners have developed a fantastic regional abolitionist network, one that reaches across borders, languages and religions.

redpajama_set_name: RedPajamaCommonCrawl


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Oscars 2018: Thando Mgqolozana's Film "Inxeba: The Wound" Chosen as South Africa's Entry | Watch the Trailer
by Otosirieze Obi-Young
Inxeba: The Wound poster.
Inxeba: The Wound, the stirringly powerful arthouse drama co-written by Abantu Book Festival founder Thando Mgqolozana, has been chosen as South Africa's entry for the 2018 Oscars, in the Best Foreign Language Film category. The selection was done by a committee chosen by South Africa's National Film and Video Foundation (NFVF), which "applauded the film as a masterpiece in terms of script, directing and performances, which are believable and captivating."
Focusing on the closeted relationship between two men during a Xhosa initiation ritual and exploring identity, masculinity, sexuality and loyalty, Inxeba has been hailed by City Press as "an instant classic." It premiered on 22 January 2017 at the World Cinema Dramatic Competition of the 2017 Sundance Film Festival, has screened in the Panorama section of the 67th Berlin International Film Festival, and opened the 2017 Tel Aviv International LGBT Film Festival.
Thando Mgqolozana. Image from Mail & Guardian via Google.
The film, which runs for 88 minutes, is directed by John Trengove, produced by Elias Ribeiro and Cait Pansegrouw of Kino Lorber studio, edited by Matthew Swanepoel, and written by John Trengove, Malusi Bengu and Mgqolozana, with its cinematography by Paul Ozgur. It stars Nakhane Touré in a strong lead performance, Bongile Mantsai, Niza Jay Ncoyini, Siphosethu Sethsinger Ngcetane, Loyiso Lloyd N Ngqayana, Sibabalwe Esbie Ngqayana, Halalisani Bradley Cebekhulu, and Ingar Qwede.
Entering theatres in South Africa, France and Germany on 16 August 2017, Inxeba currently has a box office return of US$29,963, and has now being sold to 22 territories ahead of 2018. And it has proven to be a critical hit. On Rotten Tomatoes, it has a critics' rating of 85% and an audience score of 100%. Here is a description from the site:
Xolani, a lonely factory worker, joins the men of his community in the mountains of the Eastern Cape to initiate a group of teenage boys into manhood. When a defiant initiate from the city discovers his best kept secret, Xolani's entire existence begins to unravel.
Of course the film has kicked up controversy—and even before its release. The cast members received death threats for daring to reveal the intimacy of traditional Xhosa rituals, even though the film doesn't.
Despite this, pundits believe that, with Inxeba, South Africa has a good chance of being nominated. The only time the country won a Best Foreign Language Film Oscar was in 2006, for Gavin Hood's Tsotsi (2005), adapted from the 1980 same-name novel by Athol Fugard. And it was also the only time an African language film won. South Africa has seen other nominations though, reports Channel 24: Darrell Roodt's Yesterday in 2004, and Oliver Schmitz's Love, Above All in 2010.
Thando Mgqolozana's A Man Who Is Not a Man (2009) was longlisted for the International IMPAC Dublin Literary Award. The Abantu Book Festival, which he founded in 2016, is held every December.
We're hoping Inxeba: The Wound gets nominated. Congratulations to Thando Mgqolozana.
https://https://youtu.be/0idwRX0d6nM
Otosirieze Obi-Young |
Spice Up Your Reading with These 16 Short Story Collections by African Authors from Indie Presses
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Mark Cuban fined $25K for commenting on free agents DeAndre Jordan, Wes Matthews
By Brett PollakoffJul 7, 2015, 11:31 AM EDT
The Mavericks came away with a couple of very nice pickups in free agency, stealing DeAndre Jordan away from the Clippers and taking a bit of a chance on Wes Matthews, who is coming off of a season-ending Achilles' injury as a member of the Blazers.
But while players and agents are allowed to discuss these impending moves, teams are prohibited from doing so during a moratorium period that this year lasts until July 9.
Marc Stein of ESPN.com:
ESPN sources say Mavs owner Mark Cuban has been fined $25,000 for publicly discussing Mavs' looming deals w/DeAndre Jordan and Wes Matthews
The reason for the moratorium on signings is because the salary cap for the upcoming season has not been officially set.
Larry Coon explains:
Free agents become free on July 1, but the salary cap is not set until the league's audit is completed later in the month. Teams and players must wait for the salary cap to be set before trades and most free agent signings can commence. Teams may negotiate with free agents beginning July 1, but they have to wait until the moratorium ends before signing a contract.
Cuban was obviously excited to land Jordan and Matthews, and jumped the gun a little on publicly discussing the new additions. The league handed down what amounts to nothing more than a slap on the wrist.


A TV antenna will let you to watch tons of popular channels for free. Plus, see how to find fast, affordable internet after you cancel your cable.
If you're thinking about cutting the cord, you need to consider getting a TV antenna. In fact, I believe getting an antenna is one of the most important steps for a successful cord cutting experience. The reason is simple. Most of the stuff people watch is available for free with an antenna. You don't need cable/satellite, and you don't even need to worry about the internet. All you need is a good old antenna.
Many people still think of antennas as being some relic from the past. They imagine ugly, hard-to-install pieces of junk that don't work unless the weather is perfect–and even then all you get is a few crappy channels you don't even want to watch. But nothing could be further from the truth.
Today's TV antennas are modern devices that deliver high-quality high-definition TV. In fact, the newer TV antennas retrieve HD signals that are often much better than the quality you get with cable TV. And you don't need some cruddy old tube television for these antennas, either. Any decent flat screen TV already has the built-in framework to work with modern antennas. All you need to do is connect the antenna to your TV, tell your TV to search for 'over-the-air' (aka 'OTA') stations, and you'll get a slew of popular channels in brilliant HD.
When I write that today's TV antennas deliver crystal clear HD picture quality, this isn't a matter of opinion. In 2009, the United States officially switched from analog broadcasts to digital signals. As a result, every TV station in the US (with a few exceptions) is required to provide free OTA reception to TV antennas using a high-quality HD standard.
Thus, OTA programming picked up by plain old antennas is HD-quality and free. It's also plentiful.
The majority of US residents can get dozens of free channels, including ABC, CBS, Fox, NBC, the CW, and PBS — plus a slew of other news, classic TV, movies, kids programming, community access stations, and more. You'll be amazed at the number of channels you can get–for FREE–without cable or satellite.
Another concern people have with antennas is that it will look like an ugly beast sprouting from the rooftop. Not anymore. If you live in or anywhere near a decent-sized city, then you'll probably be extremely satisfied with a sleek indoor antenna that looks more like a decoration than an antenna. Indoor antennas are also incredibly easy to set up. You plug them into your TV and set them near a window. Done.
How much do these modern antennas cost? You can get a quality indoor antenna for as little as $10, and as much as $70. You'll pay anywhere from $40-$120 for a powerful attic or outdoor antenna.
OK, fine–antennas are a great deal, but why shouldn't I still just stream the over-the-air channels?
It's not that easy. First, not all the channels are available to stream–and few are available to stream for free. Even with a service like Sling TV, you can only get 'certain local channels in certain select markets.' In other words, Sling provides local channels in only a few markets, and even in those few markets you won't get all the local channels. For example, you might get NBC, but not Fox. PlayStation Vue also has the same local channels restrictions.
Even if a streaming service like Sling TV offers a package with a digital antenna, you'll still pay extra for it. And this brings us to the ugly truth of cord cutting: A lot of the cord-cutting stuff you'll read is just hype. These 'hypesters' make it sound like cutting the cord is easy, and that you'll save a bunch of money and keep all your channels. But this is not true if you don't know what you're doing. If you're not careful, you'll pay as much–if not more–after you cut the cord.
You still need the internet–and internet plans are not free. You will probably want Sling TV or PlayStation Vue for live TV. Not free. You will want Netflix or Amazon Prime Video. Not free. And so on.
These services, while excellent, can get pretty expensive, pretty quick. These accumulating expenses are why getting an antenna is so important. For only a one-time cost of $50 or less, you can get 30-40 HD channels for free. You'll get all the major networks, you'll get all your local news and weather, and you'll get NFL and NBA games, among so much more.
If you want to cut the cord, but you want the same level of enjoyment from TV, then getting an antenna is the make-or-break ingredient. Without an antenna, chances are you'll pay more than you did before, or your TV access will suffer.
Without cable, the internet will be delivering all your TV entertainment to you. So your home internet connection needs to be fast enough that you don't deal with frustrating delays and poor picture quality.
What if you currently get your internet and your cable TV from the same company? When you call up to cancel your cable but keep your internet they'll probably try to hike the price. They don't want you to be able to save money by canceling cable.
But don't worry. You can get a quality internet service and still come out with significant savings every month versus cable. You just need to compare internet service providers in your area.
No matter where you live, chances are there's more than one internet service provider (ISP) in your town. You just have to do some basic comparison shopping. Here's an excellent site to use to find and compare ISPs in your area.
A couple tips. One, I believe DSL Extreme is the very best ISP for cord cutters. There's no information cap, which means you're able to stream as much as you want with no extra fees or throttling, and they have fantastic deals.
Two–internet speed. How fast is fast enough? You'll need a minimum of 10 Mbps download speed. If you watch a lot of TV during primetime hours, or if you have other people in your house who will stream separately, you may want 20 Mbps to be safe.


The meteoric growth of web content has come with a crop of experts, who range from totally qualified to less than able to give sound advice. It's truer than ever to take advice you find online with a grain of salt, particularly when the health and success of your small business is on the line. There's blog marketing tips out there that can revolutionize your company, and there's pieces of advice that are sure to hurt more than help.
But, wait. Why shouldn't I blog every day? Loads of the world's best blogs publish content daily, like HubSpot, Content Marketing Institute, and Marketing Profs! Here's the difference: each of these brands have multiple staff members committed to creating content. Significant resource allocation can result in really great content, and lots of it.
The average SMB can't always afford to dedicate an entire staff member to content creation. Trying to squeeze 7 blog articles a week into your already-full schedule probably won't result in the type of content people or search engines want to recognize. In fact, Google's quality guidelines state that your web articles should be as high quality as print publications. Anyone who suggests you publishing often, regardless of whether the final product resembles anything good or not, is probably not a content marketing "expert" you should follow.
"If you write great content, people will come." If you know how this piece of advice works, please enlighten us, because we're downright confused. 89% of consumers begin performing product and service research on a major search engine. This means that unless your blog is SEO-optimized, they'll probably land on your competitors' website instead. Blogging without attention to SEO is certainly possible, but it might not yield the results you want.
Yikes. This particular whopper among blog marketing tips is so 2008. Google's Matt Cutts has never actually said that keyword stuffing is penalized, but he has said that the search engine rewards natural writing. It's pretty hard to create quality content with such a high keyword density.
Why shouldn't you trade links with other bloggers? It's free, easy, and results in great SEO, right? Well, wrong. It's actually against the rules, and websites which excessively trade links can be banned from Google's index. There's certainly a chance that you won't get caught, but it's probably a risk that's just not worth taking.
There's some content marketing practitioners out there who truly believe that as long as you credit the website where you obtained an image, its fair game for use.
While we're in no position to be handing out SMB legal advice, stealing someone else's intellectual property can land your company in some seriously deep hot water and steep fees.
Rely on tried-and-true sources for royalty free images, like freedigitalphotos.net or stockfreeimages.com.
Here's the thing: there is no single blog marketing metric that matters more than others. In fact, if there were a perfect inbound marketing metric, it would be closed-loop analytics, a measure of the campaigns and contents which result in closed customers. You've got to examine your page views, call-to-action (CTA) click-throughs, and subscribers in tandem to determine the overall health of your content marketing. Subscribers are a measure of how well your content engages your audience, but it's no measure of whether you're even engaging the right people to begin with.
There's a difference between taking a stand on issues that matter when it reflects well on your company, and haphazardly stirring up controversy to get attention. Being controversial for the sake of being controversial will certainly get you attention, but it's not professional, and the spotlight can fade pretty quickly.
Should you address breaking news items that have a direct impact on your industry? Absolutely. Should you leverage national tragedies to get some attention, links, and readers? Nope, a million times. As David Meerman Scott points out, frivolous newsjacking of tragedies leaves a bad taste in people's mouth. When people are suffering, limit your media to positive thoughts, and helpful information.
Advice to sprinkle your comments far and wide over the internet may have once worked, but it surely doesn't anymore. View commenting on other blogs as a means to network with other bloggers, not build links to your website.
Your content marketing strategy will suffer if you hit publish, and sit back to relax. Content marketing and social media can't exist in silos, and this is becoming one of the worst blog marketing tips as social signals continue to matter more to SEO. A promotion strategy matters in an era of content abundance. Can you think of a single content marketing expert that doesn't do social media well? We can't, either.
No one knows the formula for viral. If your entire content marketing strategy revolves around emulating BuzzFeed or Upworthy in hopes of getting 20,000 hits, your actual prospects are going to be left pretty confused. Going viral is certainly fabulous, but if these prospects don't convert into leads, there's little value. Write content that's life changing to your buyer personas, whether that means you'll get 200 or 200,000 page views.
This isn't the biggest lie among blog marketing tips. You can outsource content for less than a penny per word, but it's probably not going to be very good. More than likely, it won't help you generate leads, subscribers or revenue. You can pay for experts and reap the rewards of being recognized as a thought leader, or you can fill your site with cheap content.
Well-meaning marketers may try to write in order to please everyone. The problem with this candidate for the worst blog marketing tips is that it's a great idea in theory, but rotten in practice. By trying to write content which appeals to everyone, you'll manage to capture the hearts and minds of no one. Besides, Gleanster Research has found that engaging with highly-targeted content is correlated to sales, not engaging with general articles.
Ignoring your competition could definitely qualify as one of the most dangerous blog marketing tips. The ancient adage "keep your friends close, and your enemies closer" could have been written about content marketing. Perform competitive analysis regularly, and write amazing guest posts for blogs in your niche. You'll win in the end when you capture their audience.
Content marketers are creative souls. However, creativity doesn't supersede organization, and there's no excuse to ignore the benefits of an editorial calendar. Use a content calendar as a tool to ensure you're providing sufficient variety, and targeting the right keywords over time. When the creative urge strikes you, there's no law that says you can't ignore your editorial calendar. Anyone who tells you otherwise is giving out silly blog marketing tips.
You can edit your own work, but you can't type directly into Wordpress or Blogger, spell check, and hit publish. You're going to make mistakes, and your readers will call you out on it. Have a colleague check your work before you publish, or at least give yourself a few hours to step away and proofread with fresh eyes.
Even brilliant content marketers can get stuck in a rut. It isn't pretty, and becoming boring can wreak havoc on your blog subscribers and social shares. Anyone who tells you that you should identify a very narrow niche is guilty of handing out bad blog marketing tips. Strive for variety within your industry, and avoid becoming stagnant.
No one wants to be a pushy marketer. One of the most devastating blog marketing tips involves not using CTA buttons at the bottom of your content, and assuming your prospects will become leads on their own if they're interested. Think about it for a moment. You're really expecting a reader to dig through your website until they find a landing page, and then convert? With rare exceptions, CTAs definitely aren't pushy. They're just good business.
Let's be clear: using sources does not mean you don't know your stuff. It just means that you performed a research, and were kind enough to give credit where credit is due. Google and your readers will appreciate the fact you looked deeply into the topic before publishing. Even the world's brightest minds writing PhD dissertations provide tons of credit to sources.
Repeating topics is fine, if you're providing updates or a new level of value to something you've already covered. Otherwise, republishing or spinning content can look pretty spammy.
This isn't the most unfounded of blog marketing tips, but it can certainly be misinterpreted. There's a research which indicates blog readers react well to consistency in publishing, but any marketer would be foolish to stick with something that just wasn't working. Review your metrics, remain on your toes, and be prepared to pivot when something isn't yielding the results you want.
What are the most dangerous blog marketing tips you've encountered during your content career?
Growth Hacker Copywriting: a Trend to Watch?
Thanks for the comment, Beth.
One post weekly, even if it is on Monday when peeps come around looking for good content, gets you nowhere. I just sent a link to your blog to clients of ours who are venturing out into the bloggosphere for the first time. I told them this was a great place to come to learn about why and how and what re blogging.


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| Cross Campus: 03.23.09
The Yale Daily News
Cross Campus: 03.23.09
The Yale Daily News 12:00 am, Mar 23, 2009
Two Elis are better than one, especially when one is former President George W. Bush '68. Bush will be writing his memoir — regarding 12 tough decisions he has made — with the help of his former speechwriter Chris Michel '03, a former editor in chief of the News. The memoir is scheduled for publication next year.
Too much information. In a series of e-mails sent to students on March 16, Brown University's Office of Financial Aid accidentally released the names of 1,773 students seeking financial aid. What went wrong? The e-mails were sent via carbon copy instead of blind carbon copy.
Spring intramural sports begin this week, marking the debut of a new sport: kickball. While Timothy Dwight leads the pack with 851.5 points, could this new sport be the deciding factor for trailing Silliman and Jonathan Edwards?
The Duke's Men came in first place in the New England Semifinal round of the International Championship of Collegiate A Cappella. The group will compete in the finals at Lincoln Center, in New York City, on April 18.
Former Yale Law School Dean Guido Calabresi '53 LAW '58 announced on March 12 that he will take senior status as a judge, effectively retiring. His departure opens a spot on the Second Circuit Court of Appeals.
For the second time in less than a month, The New York Times printed a gushing review of an art exhibition at the Yale University Art Gallery on March 18, this time praising the "beautiful and memorable" Japanese tea service exhibit.
A man of mystery? Actor Paul Giamatti '89, a Piersonite, would neither confirm or deny that he was in Skull and Bones while at Yale, according to a March 15 interview with the Hartford Courant.
CBS's "Survivor" apparently still exists, and a Yale alum, Stephen Fishbach '01, is a participant. In hopes of becoming the next Yul Kwon LAW '00, who won the 13th season of the reality show, Fishbach has made it through five episodes without getting voted off so far.
Unperturbed about calories, patrons at fast food restaurants and coffee shops rarely read available nutrition information, a study from the Yale School of Public Health found. Only six out of 4,311 patrons observed in the study consulted available nutritional posters, pamphlets and computer terminals.
This day in Yale history
1915 Massachusetts congressman A. P. Gardner spoke at a mass meeting in Woolsey Hall, arguing for an expanded Army and Navy in anticipation of war.
Submit ideas to Cross Campus
crosscampus@yaledailynews.com


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Court Clarifies Difference Between Standards for Use and Nonuse Variances.
Written by Lawrence Opalewski on March 10, 2022 Category: Land Use and Zoning, Michigan Land Use and Zoning
If you've ever applied for a variance, you'll know that there are two different types of variances. There is a "use variance" and a "nonuse variance." While some municipalities clearly lay out the differences, others tend to conflate the two types. Fortunately, the Michigan Court of Appeals has recently clarified the difference. The Court of Appeals also clarified the different standards of review each variance type should receive.
In Pegasus Wind, LLC v Tuscola County, a wind energy company sought variances to construct wind turbines. The variances were denied by the Airport Zoning Board of Appeals (AZBA). Pegasus appealed the denial to the Tuscola County Circuit Court. The Circuit Court affirmed the denial. Pegasus appealed to the Michigan Court of Appeals. It argued that the variances should be granted.
On appeal, the Court of Appeals first noted that there is a difference between use and nonuse variances. Specifically, that "[u]se variances permit a use of the land which the zoning ordinance otherwise proscribes, while nonuse variances are those variances concerned with the area, height, and setback requirements of structures." The Court then went on to note the difference in standards for granting use vs nonuse variances. "Practical difficulties" is the applicable standard for nonuse variances and "unnecessary hardship" applies to use variances.
After clarifying that Pegasus sought nonuse variances, the Court evaluated the "practical difficulties" arguments. When evaluating a practical difficulty, a court considers "whether the denial deprives an owner of the use of the property, compliance would be unnecessarily burdensome, or granting a variance would do substantial justice to the owner." The Court further clarified that a "practical difficulty" is not necessarily related to problems inherent in the property itself. In other words, a "practical difficulty" could be caused by something such as financial hardship. Since the AZBA had applied an incorrect legal review of the "practical difficulty" standard, the Court reversed.
Further, the Court emphasized that when evaluating whether a review agency's decisions were supported by substantial evidence on the record, the analysis includes a qualitative component. Thus, both the circuit court and the Court of Appeals must engage in some weighing of the evidence. After weighing the evidence used by the AZBA to deny the variances, the Court concluded that none of the AZBA's stated reasons for finding that Pegasus failed to establish a practical difficulty were supported by the record. The Court of Appeals reversed in favor of Pegasus.
This case is a win for landowners and developers seeking variances. It requires local reviewing boards to apply the correct standard of review, and to support their decisions with solid evidence. It appears the Court of Appeals does not wish circuit courts to simply rubber-stamp local denials of variances.
The attorneys at Dalton & Tomich, PLC have extensive experience with variances and other land use issues. If you need to obtain a variance or appeal your denial, please do not hesitate to contact us. We would be happy to speak with you.
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Large energy users can benefit from remote, fully-automated readings of their electricity meter on a half-hourly basis.
A half-hourly meter provides large businesses with more regular meter readings, so you can view consumption data throughout the day and make smarter decisions and adjustments accordingly.
We currently manage and maintain over 20,000 half-hourly meters for businesses all over the UK.
Say goodbye to estimated bills. Your figures will be based on actual readings, so you can plan smarter.
Get access to our online Energy Toolkit, giving you a clearer picture of your energy consumption.
Do I need a half-hourly meter?
Half-hourly meters are required for energy users that typically use 100kW or more every half hour. The meters are also mandatory for all businesses with profiles 05-08. You can find your profile by checking the first two digits of your Meter Point Administration Number (MPAN), from your electricity bill.
Register your interest and we'll make an appointment to come and fit your half-hourly meter at a time that suits you.
We'll often fit your equipment for free, but in some cases, such as when further modifications are required, we may need to charge for work.
To manage your meter, you'll need to appoint a half-hourly Meter Operator and Data Collector.
We'll give you access to our online Energy Toolkit, so you can get a clear picture of your energy consumption.
We can advise you on all your meter needs, from installing and managing your half-hourly meter to appointing an operator and data collector.


As of July 1, 2010, audio and video equipment has been incorporated into the province-wide, end-of-life electronics recycling program. Cameras, DVD players, VHS players, stereos and personal audio players all fall under this category and can be dropped off at a number of free drop-off locations across the province. For more detailed information on the recycling program or to find the nearest drop-off location, contact the RCBC Recycling Hotline or visit www.encorp.ca/electronics.
Many organizations will buy, sell on consignment, repair and/or accept donations of used audio and video equipment. Contact the RCBC Recycling Hotline for a list of organizations in your area. Don't forget to list your audio and video equipment on TNRD Reuses!


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When visiting the Gulf Shores area, take a trip off the beaten path to some of the unique nearby historic sites, such as a medical museum, an old fashioned soda fountain, a historic home and pre-Civil War Fort Morgan.
Category: Things to Do
Fun, Historic Sites Near Gulf Shores
You might not think of the history to be explored during a visit to the beach, but during your next beach vacation consider taking time out to travel back in time.
There are numerous unique spots that do a great job unveiling the unique history of the area, including the Holmes Medical Museum or Stacey's Antique Soda Fountain in Foley; the Swift-Cole mansion in Bon Secour; and Fort Morgan, situated at the end of Ala. Hwy. 180.
Once called the Sibley Holmes Memorial Hospital, the Holmes Medical Museum, located at the corner of Ala. Hwy. 59 and U.S. Hwy 98 still appears today practically unchanged from when it served as an operational hospital. It is known for being Baldwin County's first hospital and closed in 1958.
Many of the items on display are original medical artifacts, including surgical instruments, operating room equipment and even a human skeleton.
Other items on display include a re-created operating room, patient rooms, an x-ray room and a pharmacy from the time period.
Admission to the museum is free. Here are more fun and free things to do in the area.
On the same block as the medical museum is the nostalgic Olde Tyme Soda Fountain, a Foley landmark, which, until recently was a fully operational pharmacy.
Soda fountains were often located in pharmacies, as was this one when it opened in 1929. It has been a popular hangout spot for generations.
Step inside, and you'll immediately notice the model train that travels around the ceiling. Display cases are open and feature items you might have seen decades earlier.
While you're there, be sure to order a key lime milkshake or a banana split. Be sure to pick up one of its famous toasted egg salad sandwiches or a 10-cent cup of coffee.
If you enjoy shopping for antiques, there are several options in and around Foley.
Heading south toward Gulf Shores, pay a visit to the Swift-Coles Historic Home, which was originally built in 1882 as a four-room cabin.
The home, listed on the National Register of Historic Places, is located at 17424 Swift-Coles Lane in the sleepy fishing community of Bon Secour.
In 1898 Charles and Susan Swift purchased the cabin and moved in with their eight children. The couple added the west wing and an upstairs, creating a 6,000-square-foot home with 3,000 square feet of porches.
In 1976, Nik Coles bought the home and filled it with antiques from around the world. Before passing away in 2007, Coles gifted the home to the Baldwin County Historic Development Commission.
Today, people enjoy events at the home such as "Live Music on the Lawn," as well as tours. Tours are held on Tuesdays and Fridays from 10 a.m. to 3 p.m.
Historic Fort Morgan, a dog-friendly site, is another must-do for history lovers or even those who want to let the kids run in a wide-open space during a beach vacation to the Gulf Shores area.
Situated on Mobile Point, at the end of scenic Fort Morgan Road, the site is home to nature areas, a boat launch, a picnic area, beaches, and Fort Morgan, which served as the first line of defense for the city of Mobile and provided protection for blockade runners entering the bay during the Civil War.
On Aug. 5, 1864, Union naval forces fought their way past the fort and defeated a Confederate naval squadron that included the ironclad C.S.S. Tennessee. Union land forces began the siege against the fort on Aug. 9 and, following an intense bombardment on Aug. 22 where 17 men were killed, the Confederate garrison's 581 men were forced to surrender on Aug. 23 of that year.
While it might not be your first thought to explore the history of the communities of South Alabama during your vacation, doing so will add another layer of fun to your visit for all the history buffs or nostalgia lovers in your group.
Book your family's vacation now in a condo or beach house in the peaceful Fort Morgan area.
How Gulf Shores' Hometown Shrimp Fest Grew Into An Award-Winning National Festival
The history of the Gulf Shores Annual National Shrimp Festival is shared in this video by one of the original organizers.
Category:Things to Do
Find Great Deals, Apparel, Shoes, Accessories & More At Tanger Outlet Shops
A few miles north of Gulf Shores, Alabama, beaches, Tanger Outlet Shops in Foley is a shopper's delight!
Category:Shopping
Discover area history at Fort Morgan
Alabama's Fort Morgan, which sits at the entrance of Mobile Bay, played a key role in the Civil War. Years later, visitors can see this fascinating history up close with a trip to the fort and its mus
Categories:Fort Morgan | Attractions
Paula Deen Family Kitchen Restaurant Is A Gulf Shores Area Favorite
Paula Deen's Family Kitchen restaurant is one of the newest additions to the OWA Amusement Park in Foley.
Category:Dining & Nightlife
OWA Amusement Park Thrills The Gulf Coast With New Rides, Restaurants & More
The new Owa amusement park and development is set to begin opening in phases Memorial Day Weekend in Foley, just north of Gulf Shores.
Categories:Gulf Shores | Attractions
Nature & Trails
Pirate's Island
OWA Amusement Park
Restaurants to Visit
Shrimp Festival
Oyster Cook-off
Concerts & Music Calendar
Concerts at The Wharf
2021 BBQ & Blues Cookoff To Be Held March 13
Fill up on some of the South's best barbecue and dance to live blues bands during the 2021 BBQ & Blues Cookoff In Downtown Foley. Stay in a Gulf Shores area vacation rental as your beach home base for
January 14, 2021 - Gulf Shores | Things to Do
2021 Gulf Coast Hot Air Balloon Festival Set For May 7-9
Spring for a beach vacation during the 2021 edition of the Gulf Coast Hot Air Balloon Festival scheduled for May 7-9, 2021, at the OWA amusement park grounds in Foley, Alabama. Enjoy a long weekend in
January 14, 2021 - Things to Do
Wharf In Orange Beach Announces 2021 Concerts
The Wharf in Orange Beach has begun announcing its 2021 series of concert performances, including Brooks & Dunn, Whiskey Myers and Luke Bryan. Stay tuned to this page for updates throughout the year.
January 13, 2021 - Orange Beach | Things to Do
Springtime 2021 Brings 47th Annual Orange Beach Festival Of Art
Make a long weekend of the 2021 Orange Beach Festival of Art, scheduled for March 13-14, 2021 at Orange Beach Waterfront Park.
Got questions about renting, owning, or anything in between? Talk to someone to get the answers you need.
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A thrilling new Jaguar sports car, created to deliver the ultimate circuit driving experience, has made its track debut. The 180 mph Palmer Jaguar JP1 uses a modified version of the 3.0-litre V6 engine from the Jaguar X-TYPE and brings new meaning to the phrase 'racing green', having been tuned to run on liquefied petroleum gas (LPG).
Designed in the spirit of a Le Mans-style race car, the distinctive JP1 has joined Jonathan Palmer's 'Motorsport Sensation' programme, the UK's premier track driving facility established by the former Formula One driver at the Bedford Autodrome, near Thurleigh, Bedfordshire. Engineered to be enjoyed by novice and enthusiast drivers alike, the JP1 is powered by a 245 bhp version of the proven 3.0-litre AJ-V6 engine from the all-wheel drive Jaguar X-TYPE. Cosworth Racing has adapted the power unit to suit the mid-engined layout. The rear wheels are driven through a race specification six speed 'sequential' shift gearbox, that allows rapid upward gearchanges with a short, sharp pull-back of the lever without even lifting off the accelerator.
The characteristics of the 24 valve, 3.0-litre V6 from the Jaguar X-TYPE make it well-suited to the JP1. Its all-aluminium construction ensures a low mass and even in standard tune the engine produces a healthy 231 bhp. Cosworth Racing has increased this to 245 bhp, boosted the torque using a bespoke engine management system and improved responsiveness by fitting a lightened flywheel and revising the inlet and exhaust systems.
Weighing barely 650 kg, the JP1 has a power-to-weight ratio approaching 370 bhp/tonne – more than twice that of the standard 3.0-litre Jaguar X-TYPE road car – which ensures fantastic acceleration. From a standing start, the JP1 reaches 60 mph in just 3.6 seconds and 100 mph in a further 3.2 seconds. A maximum speed of 180 mph is anticipated.
"I have driven the Jaguar X-TYPE and it has great performance feel and nimble driving dynamics, which combine to make the car flattering to drive. It is also soundly engineered. These are qualities the JP1 shares, with the result that it is easy to drive quickly – and great fun," said Jonathan Palmer, whose race driving CV spans Formula One, Le Mans and Touring Cars.
Beneath its sleek glass-fibre bodywork, the JP1 has a steel tube 'space-frame' chassis, with fully adjustable all-independent suspension front and rear. Light alloy wheels with 'slick' treadless tyres offer ultimate dry weather grip, with a grooved option should it rain. Powerful disc brakes with four piston callipers are also standard.
"The Palmer Jaguar JP1 captures perfectly the performance of spirit of Jaguar," commented Stuart Dyble, Director of Communications and Public Affairs for Jaguar Cars. "When Jonathan approached us with the initial plans for the JP1, we immediately recognised a perfect way for us to share our passion for driving enjoyment with a wider audience. This innovative programme will further raise the Jaguar profile by allowing enthusiasts to experience the dynamic attributes that make a Jaguar so special."
something very special about driving a sports car. And with its mighty Jaguar V6 power and state of the art suspension geometry and aerodynamics, the JP1 produces phenomenal acceleration, cornering grip and braking capability. Cosworth Racing has done a great job adapting the engine for the JP1 and it really flies. Incidentally, the exhaust note is sensational – to me it's reminiscent of a V12 Jaguar Le Mans car!"
Bedford Autodrome, where eight JP1s will be based, is designed purely for track days and corporate driving events. It consists of four race tracks – the North, South, East and West – which can be interlinked to create larger, more challenging layouts. The Palmer Jaguars will make their home on the 1.5 mile South circuit, where guests can relax in a purpose-built, Jaguar-themed hospitality suite while waiting for their turn at the wheel – or calming down afterwards!
"The JP1 is awesome through the South circuit's series of unique turns," added Jonathan Palmer. "For a true adrenaline charged challenge, nothing beats the first high speed chicane. Blast up to 130 mph on the approach; brake unbelievably late, push on the gear lever to go down a gear then get straight back on the power as you flick left and right at 90 mph!"
Prior to the JP1 entering service, Jaguar and Jonathan Palmer sought an independent assessment from monthly enthusiasts' car magazine, EVO.
"The Palmer Jaguar JP1 offers thrills that are genuinely identical to a pure-bred racing car experience," said EVO co-editor, Richard Meaden. "That said, it is rather more forgiving than you might expect. This is a good thing. It allows people to jump in and really feel they've explored its abilities, more than in other track day cars I've tested. AT EVO we take each car we feature to the Bedford Autodrome as part of our assessment process, and a lap time of 1m 9.8s makes the JP1 the fastest car I have driven around our test circuit. To put this figure in perspective, the lap time for a Ferrari 575M (with 508bhp) is 1m 24.5s."
In addition to the cars used in the 'Motorsport Sensation' programme, a small number of 'evolution' track day versions of the JP1 will be offered for sale.
An action-packed day spent at the Bedford Autodrome, with the Palmer Jaguars plus six other cars, costs around £500 per person. Bookings can be made by calling 01403 733999.
Look out for the JP1 being driven by Britain's latest rising star in Formula One, Justin Wilson, during this weekend's Brazilian Grand Prix coverage on ITV1.


There were only a few punters who put their money on a rate cut this week with the RBA board meeting just minutes before the Melbourne Cup. Just as well as rates remained unchanged and most economists see them going the distance and on hold into next year.
RBA Governor Philip Lowe said of the decision, "financial markets are functioning effectively. Funding costs for high-quality borrowers remain low and, globally, monetary policy remains remarkably accommodative. Financial institutions are in a position to lend for worthwhile purposes".
The RBA statement said that these factors are assisting the economy to make the necessary adjustments, though an appreciating exchange rate could complicate this.
Governor Lowe added "in the housing market, supervisory measures have strengthened lending standards and some lenders are taking a more cautious attitude to lending in certain segments. Turnover in the housing market and growth in lending for housing have slowed over the past year".
The RBA also mentioned that the pace of increase in housing prices is lower than a year ago, but that some markets have been rising briskly over the past few months. This is true of Melbourne and Sydney.
Governor Lowe said, "considerable supply of apartments is scheduled to come on stream over the next couple of years, particularly in the eastern capital cities. Growth in rents is the slowest for some decades".
These were some of the factors that led the board to leave the cash rate unchanged, which is consistent with sustainable growth in the economy and achieving the inflation target over time.
Commenting on no rate change, AMP Capital chief economist Shane Oliver said, "September quarter inflation was low on an underlying basis, but probably not low enough to trigger another cut just yet as it is in line with the RBA's own expectations".
A drop to 1.25% would have been excellent news for mortgage holders, but the RBA holding rates steady at 1.5% continues to be good news for punters all round.
The property market continues to deliver strong returns across much of the country during the Spring season. This week Melbourne had a 79% clearance rate. According to REIV, consumer sentiment in Victoria is high, rising by 2.8% in October – up 5.6% on this time last year.
REIV CEO Geoff White said, "Melbourne's market is one of the best for sellers of houses and apartments in a number of years". He continued, "the median price increase is taking place in tandem with a Spring clearance rate of close to 80%, the highest in seven years".
Prices have been impressive, with Melbourne recording an 11.8% increase this year. Sale highlights this weekend included a couple of bargain apartments in St Kilda going for around a quarter of a million and the top five house sales in Melbourne were all over $2.5 million!
Spring continues to be a safe and solid investment bet, as the housing market remains strong. Keep following us on LinkedIn to get our weekly updates.


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Grants for Small Businesses in Singapore
by Osman Husain
Looking for SME grants in Singapore? Save up to 80% off select Shopify plans with the Productivity Solutions Grant. Working in the Singapore Retail industry? Apply for the Digital Resilience Bonus today and receive up to $2500.
Small-and-medium enterprises (SMEs) are the lifeblood of Singapore's economy. In April 2019 there were an estimated 220,000 SMEs in the lion city, contributing nearly SGD$200 billion to the economy.
Unfortunately the COVID-19 pandemic has affected all sectors of Singapore's economy with small businesses far from exempt. 8,600 businesses shut down in April, at the height of the pandemic. The silver lining is that the Singaporean government is cognizant of the challenges that this important sector faces and is addressing it on priority.
In this article, we've listed some of the most prominent ways your business can take advantage of various government schemes in Singapore.
The Productivity Solutions Grant (PSG grant) falls under the IMDA's Go-Digital campaign. It aims to support Singaporean SMEs in the procurement of IT solutions and other applications to enhance productivity and accelerate digital transformation. Eligible SMEs must be at least 30% owned by Singaporean citizens/PRs. Begin your application now.
Shopify is one of the approved partners of IMDA Singapore and eligible businesses can claim a discount of up to 80% on their annual Shopify plan or up to $6,400 on the Shopify Plus plan (before 31st December 2020).
Here's more information on the PSG grant.
Digital Resilience Bonus
The Digital Resilience Bonus (DRB) offers payouts of up to $10,000 in order to help businesses improve their competitiveness, productivity, and to emerge stronger from the post-COVID environment.
Shopify merchants in the retail sector can qualify for a Digital Resilience Bonus of up to $2,500 under the eCommerce category—subject to eligibility criteria specified below. Please see our blogpost to learn more.
If you qualify, please complete the Google form here so we can share your registration information with the IMDA.
This bonus is on top of the IMDA Singapore's Go-Digital programme and is initially targeted at the retail and food services sectors. Through the DRB, the Singaporean government wishes to accelerate the use of e-payments and e-invoicing in order to assist cashless and paperless transactions, reducing the need for physical interaction. It also wants to promote accounting and HR solutions to support remote work and business continuity.
Other key considerations are digital ordering, inventory management, and ecommerce to have better engagement with customers, expand your market beyond just your physical shopfront, and reduce the number of manual stock taking processes.
Data mining and analytics rounds up the DRB offering, with the view to optimize conversions, reduce waste, and develop the right product mix by aggregating and consolidating data sources.
More details on the Digital Resilience Bonus can be found here.
Special Situation Fund for Startups
Another government grant for SMEs is the Special Situation Fund for Startups (SSFS) which aims to "sustain innovation activities and growth momentum amidst the challenging environment and to emerge stronger." This is slightly different from the PSG grant in the sense that it involves the corporate investment arm of the Economic Development Board as well as the investment arm of Enterprise Singapore. Selected enterprises will receive convertible notes with private sector co-investors, with the scheme scheduled to end by 31 October 2021.
One thing to note in the SSFS is that the fund targets those companies that "have developed or commercialised innovative or strategic capabilities that can contribute to Singapore's national priorities."
Here's more information on the Special Situation Fund for Startups.
Enterprise Development Grant
The Enterprise Development Grant (EDG grant) is squarely aimed at supporting Singaporean businesses to improve on their core capabilities, innovation and productivity, and market access.
An important factor to consider here is that the EDG grant only covers pre-revenue companies. This means those founders that are actively considering an idea but haven't signed any customers yet can apply. This excludes companies that have entered into a contract but haven't received the monies yet; a commitment for payment signifies formal start of business.
The EDG grant covers project costs such as third-party consultancy fees, software and equipment, and internal manpower cost. It can also be used to hire management consultants in order to finetune the project and comb out its plan. The maximum support level is 80% of costs, but there is provision in the grant to raise this to 90% if the founders can show that they need the extra funding.
Here's more information on the Enterprise Development Grant and details on how to apply.
Enterprise Financing Scheme
The Enterprise Financing Scheme (EFS) is earmarked for those companies that are in the growth stage and wish to either expand overseas, create new products, or develop new capabilities. The Singapore government realizes that access to financing is a crucial part of this phase and hence has broken up the scheme in 6 broad categories:
SME Working Capital Loan
To meet operational cash flow requirements.
SME Fixed Assets Loan
To assist in acquiring domestic and overseas fixed assets.
Venture Debt Loan
To help accelerate the growth of innovative companies using Venture Debt and Warrants.
Trade Loan
In order to finance trade requirements.
To fulfill secured overseas projects.
Mergers & Acquisitions Loan
To help businesses acquire other companies in order to go global.
For more information on the Enterprise Financing Scheme, click here.
Temporary Bridging Loan
Under the Temporary Bridging Loan (TBL), eligible companies can apply to borrow up to $5 million with an interest rate capped at 5%. The Singaporean government will cover 90% of risk-sharing on these applications with a cut-off date of 31st March 20201.
Approved companies may also defer their principal repayments in order to streamline cash flow, but this is subject to a case-by-case approval by the partner financial institutions.
Here's more information on the Temporary Bridging Loan scheme.
Job Support Scheme
The Job Support Scheme (JSS) was announced as part of Budget 2020 and aims to help Singaporean employers retain their local staff (Singaporean citizens and PR holders). Under the scheme, the Singapore government will help finance between 25-75% of the first $4600 of gross monthly wages paid to each local employee in a 10-month period.
Employers that make CPF contributions qualify for this scheme payout barring those explicitly mentioned in the employer exclusion checklist.
Property Tax Rebate for Businesses
The property tax rebate is aimed at businesses such as hotels, serviced apartments, shops, restaurants, and tourist attractions. Under this scheme, the government will pass on 100% rebate on payable property tax between 1st January 2020 - 31st December 2020 with the view that the owner alleviates the tenant's financial burden.
This could either mean discounted rent for the period or a monthly monetary payment to reduce the overall amount owed.
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You probably have yet to see someone jump for joy when their jury duty notice arrives in the mail, but most Americans who have served as a juror in a court of law say it was a good or excellent experience. They are also confident their jury made the right decision.
A new Rasmussen Reports national telephone survey shows that 67% of American Adults have been summoned for jury duty. Among those summoned, 39% ended up serving on a jury, while 60% did not.
The survey of 1,000 Adults was conducted on April 8-9, 2011 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95%level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.


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Louisiana Tries Hard, But Federal Obstacles Cause Hepatitis C Plan To Fall Short
Sally Pipes
I cover health policy as President of the Pacific Research Institute
Aug 7, 2019, 02:07pm EDT |
Hepatitis C virus (close to the Flavivirid family). HCV causes blood-borne hepatitis, cirrhosis ... [+] occurs in 25% of cases, 10 to 20 years after the onset of infection, with a risk of hepatic carcinoma. Image made from transmission electron microscopy. Approximate viral diameter: 50 to 60 nm. (Photo by: BSIP/Universal Images Group via Getty Images)
A state and a biopharmaceutical company agreed recently on a new way to pay for treating patients with Hepatitis C, the most deadly infectious disease in America.
At a time when politicians and drug companies are squabbling over drug prices, the deal between Louisiana and Asegua, a subsidiary of Gilead Sciences, is promising and somewhat unusual. Roughly 80,000 are infected with Hepatitis C in the state, half of them on Medicaid or in the corrections system, the two targets of the recent deal.
The agreement, however, fell short of the solution that Louisiana worked hard to put into place. The Centers for Medicare and Medicaid Services (CMS), the agency that sets and oversees reimbursement rules when federal dollars involved, ultimately restricted the state's efforts.
Considering that Louisiana has the second-highest poverty rate in the nation—and is considered one of the least healthy states—one would have expected CMS to eagerly help Louisiana achieve its goal of eliminating Hepatitis C.
The anticipated plan was described by Neeraj Sood, professor of public policy at the University of Southern California, in this way: "A single drug manufacturer [will] provide all the hepatitis pills the state needs for a lump sum, payable annually over a five-year contract." The company "will stand ready to supply as many pills as the state requires. The price-per-pill model disappears, so Louisiana can treat as many patients as it wants without worrying about the costs of treating additional patients."
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This structure is generally called a "subscription model." Incentives align. Both parties have reason to find and treat as many sick people as quickly as possible. Louisiana has a definite annual payment obligation it knows it can meet (with federal help), and the drug company gets a fixed flow of cash for five years.
At a meeting in December, Rebekah Gee, Louisiana's top health official, emphatically endorsed the subscription model. "We can guarantee a number of years of guaranteed spend" on drugs to treat Hepatitis C. "The idea is that we take our spend now… And so the company is guaranteed to get that," no matter how many patients are treated.
This plan was lauded by health policy experts.
Scott Gottlieb, M.D., former commissioner of the Food and Drug Administration, described the payment plan as, "potentially ground-breaking." In the New York Times, Tina Rosenberg called it a "big deal" and suggested that the model be replicated "in other places and for other drugs."
Unfortunately, when it came time to put the contract up for bids, Louisiana had to replace its plan with something far more conventional: an expenditure cap.
Under the approved model, Asegua, which won the competition, gets paid for the patients it treats. The only difference between this and a traditional "price-per-pill" approach is that if Louisiana's costs exceed a fixed cap, Asegua has to treat patients for free.
Such a model is clearly not sustainable for other states and other medicines in the long term.
The attraction of a true subscription model—a multi-year contract with fixed payments—is obviously attractive. Without such guarantees, the attraction quickly evaporates, and so does the likelihood of eliminating a disease.
Certainly, the deal that Louisiana and the Gilead subsidiary struck last month after competitive bidding was a good first step, and the state's officials, from Gov. John Bel Edwards on down, deserve praise. But it was not the "big deal" that Rosenberg and others expected—or that Gee previously described.
A pure subscription model may not be the answer for every state and every disease. But it's worth considering, especially since it has drawn support from policy experts across the political spectrum. And it is certainly the right choice for Louisiana today. It's a shame that federal officials were not ready to show the imagination and determination to make it happen.
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