Disabled workers paid just pennies an hour ? and it's legal - Open ...

By Anna Schecter, Producer, NBC News

One of the nation's best-known charities is paying disabled workers as little as 22 cents an hour, thanks to a 75-year-old legal loophole that critics say needs to be closed.

Goodwill Industries, a multibillion-dollar company whose executives make six-figure salaries, is among the nonprofit groups permitted to pay thousands of disabled workers far less than minimum wage because of a federal law known as Section 14 (c). Labor Department records show that some Goodwill workers in Pennsylvania earned wages as low as 22, 38 and 41 cents per hour in 2011.

"If they really do pay the CEO of Goodwill three-quarters of a million dollars, they certainly can pay me more than they're paying," said Harold Leigland, who is legally blind and hangs clothes at a Goodwill in Great Falls, Montana for less than minimum wage.

"It's a question of civil rights," added his wife, Sheila, blind from birth, who quit her job at the same Goodwill store when her already low wage was cut further. "I feel like a second-class citizen. And I hate it."

Section 14 (c) of the Fair Labor Standards Act, which was passed in 1938, allows employers to obtain special minimum wage certificates from the Department of Labor. The certificates give employers the right to pay disabled workers according to their abilities, with no bottom limit to the wage.

Most, but not all, special wage certificates are held by nonprofit organizations like Goodwill that then set up their own so-called "sheltered workshops" for disabled employees, where employees typically perform manual tasks like hanging clothes.

For more on disabled workers and sub-minimum-wage pay watch 'Rock Center' tonight.

The non-profit certificate holders can also place employees in outside, for-profit workplaces including restaurants, retail stores, hospitals and even Internal Revenue Service centers. Between the sheltered workshops and the outside businesses, more than 216,000 workers are eligible to earn less than minimum wage because of Section 14 (c), though many end up earning the full federal minimum wage of $7.25.

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Harold Leigland, who is blind, with his guide dog on the bus during his morning commute to the Goodwill facility in Great Falls, Montana, where he works hanging clothing.

When a non-profit provides Section 14 (c) workers to an outside business, it sets the salary and pays the wages. For example, the Helen Keller National Center, a New York school for the blind and deaf, has a special wage certificate and has placed students in a Westbury, N.Y., Applebee's franchise. The employees' pay ranged from $3.97 per hour to $5.96 per hour in 2010. The franchise told NBC News it has also hired workers at minimum wage from Helen Keller. A spokesperson for Applebee's declined to comment on Section 14 (c).

Helen Keller also placed several students at a Barnes & Noble bookstore in Manhasset, N.Y., in 2010, where they earned $3.80 and $4.85 an hour. A Barnes & Noble spokeswoman defended the Section 14 (c) program as providing jobs to "people who would otherwise not have [the opportunity to work]."

Most Section 14 (c) workers are employed directly by nonprofits. In 2001, the most recent year for which numbers are available, the GAO estimated that more than 90 percent of Section 14 (c) workers were employed at nonprofit work centers.

Critics of Section 14 (c) have focused much of their ire on the nonprofits, where wages can be just pennies an hour even as some of the groups receive funding from the government. At one workplace in Florida run by a nonprofit, some employees earned one cent per hour in 2011.

"People are profiting from exploiting disabled workers," said Ari Ne'eman, president of the Autistic Self Advocacy Network. "It is clearly and unquestionably exploitation."

Defenders of Section 14 (c) say that without it, disabled workers would have few options. A Department of Labor spokesperson said in a statement to NBC News that Section 14 (c) "provides workers with disabilities the opportunity to be given meaningful work and receive an income."

Terry Farmer, CEO of ACCSES, a trade group that calls itself the "voice of disability service providers," said scrapping the provision could "force [disabled workers] to stay at home," enter rehabilitation, "or otherwise engage in unproductive and unsatisfactory activities."

Harold Leigland, however, said he feels that Goodwill can pay him a low wage because the company knows he has few other places to go. "We are trapped," he said. "Everybody who works at Goodwill is trapped."

Leigland, a 66-year-old former massage therapist with a college degree, currently earns $5.46 per hour in Great Falls.

His wages have risen and fallen based on "time studies," the method nonprofits use to calculate the salaries of Section 14 (c) workers. Staff members use a stopwatch to determine how long it takes a disabled worker to complete a task. That time is compared with how long it would take a person without a disability to do the same task. The nonprofit then uses a formula to calculate a salary, which may be equal to or less than minimum wage. The tests are repeated every six months.

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Harold Leigland works at the Goodwill facility in Great Falls, Montana, where he earns $5.46 an hour.

Leigland's pay has been higher than $5.46, but it has also dropped down to $4.37 per hour, based on the time-study results.
He said he believes Goodwill makes the time studies harder when they want his wage to be lower.

"Sometimes the test is easier than others. It depends on if, as near as I can figure, they want your wage to go up or down. It's that simple," he said.

His wife, Sheila, 58, spent four years hanging clothes at the Great Falls Goodwill for about $3.50 an hour. She said the time study was one of the most degrading and stressful parts about her job. "You never know how it's going to come out. It stressed me out a lot," she said.

She quit last summer when she returned to work after knee surgery and found that her wage had been lowered to $2.75 per hour, a training rate.

"At $2.75 it would barely cover my cost of getting to work. I wouldn't make any money," she said.

Harold said he believes Goodwill can afford to pay him minimum wage, based on the salaries paid to Goodwill executives. While according to the company's own figures about 4,000 of the 30,000 disabled workers Goodwill employs at 69 franchises are currently paid below minimum wage, salaries for the CEOs of those franchises that hold special minimum wage certificates totaled almost $20 million in 2011.

In 2011 the CEO of Goodwill Industries of Southern California took home $1.1 million in salary and deferred compensation. His counterpart in Portland, Oregon, made more than $500,000. Salaries for CEOs of the roughly 150 Goodwill franchises across America total more than $30 million.

Goodwill International CEO Jim Gibbons, who was awarded $729,000 in salary and deferred compensation in 2011, defended the executive pay.

"These leaders are having a great impact in terms of new solutions, in terms of innovation, and in terms of job creation," he said.

Gibbons also defended time studies, and the whole Section 14 (c) approach. He said that for many people who make less than minimum wage, the experience of work is more important than the pay.

"It's typically not about their livelihood. It's about their fulfillment. It's about being a part of something. And it's probably a small part of their overall program," he said.

Read Goodwill's full statement

And Goodwill and the organizations that run the sheltered workshops are not alone in their support for Section 14 (c). In many cases, the families of the workers who have severe disabilities say their loved ones enjoy the work experience, enjoy getting a paycheck, and the amount is of no consequence.

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Sheila Leigland, who is blind, with her guide dog. She quit her job at Goodwill in Great Falls, Montana, after her hourly wage was lowered to $2.75.

"I feel really good about it. I don't have to worry so much about him," said Fran Davidson, whose son Jeremy has worked at Goodwill in Great Falls, Montana, for more than a decade. "I know he's not getting picked on, and he's in a safe place. He enjoys what he's doing, and he's happy, and that's what we like for our kids." Jeremy started out working for a sub-minimum wage but did well on his last time study and is currently earning $7.80 an hour, Montana's minimum wage.

But foes of Section 14 (c) have hopes for a new bill that's now before Congress that would repeal Section 14 (c) and make sub-minimum wages illegal across the board.

"Meaningful work deserves fair pay," the sponsor of the bill, Rep. Gregg Harper, R.-Miss., told NBC News. "This dated provision unjustly prohibits workers with disabilities from reaching their full potential."

The bill is opposed by trade associations for the employers of the disabled, and past attempts to change the law have failed. But Marc Maurer, president of the National Federation of the Blind and a foe of the sheltered workshop system, is cautiously optimistic that this time the bill will pass, and end what he called a "two-tiered system."

That system, explained Maurer, says "'Americans who have disabilities aren't as valuable as other people,' and that's wrong. These folks have value. We should recognize that value."

Monica Alba contributed to this report.

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Source: http://openchannel.nbcnews.com/_news/2013/06/21/19062348-disabled-workers-paid-just-pennies-an-hour-and-its-legal

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UK opposition says would not borrow to reverse cuts

LONDON (Reuters) - Britain's opposition Labour Party would not borrow more money to reverse spending cuts by Prime Minister David Cameron's coalition government should it win the next election due in 2015, its leader Ed Miliband said on Saturday.

Although polls show Labour has a lead of up to 10 points over Cameron's Conservatives, Miliband still needs to convince skeptical voters of his party's economic credibility and shrug off criticism it is wedded to spending money it does not have.

"If we win the election, we will come to power in tougher economic circumstances than we have seen in generations and that will have to shape the way that we govern," Miliband said in a speech to his party's National Policy Forum.

"Our starting point for 2015-16 will be that we cannot reverse any cut in day to day, current spending unless it is fully funded from cuts elsewhere or extra revenue - not from more borrowing."

Finance Minister George Osborne is due to announce details next week of 11.5 billion pounds ($17.70 billion) of cuts by government departments following a spending review in the latest effort to reduce a big public deficit.

Miliband is aware he need to restore Labour's image which was badly damaged by the 2008 crisis when it was in government, and his speech is the latest in a series of coordinated attempts to revive its economic reputation.

Labour was criticized for allowing Britain's budget deficit to peak at just over 11 percent of gross domestic product, and although the economy has struggled to recover under Cameron's tough austerity measures, Conservative attacks on Labour's record of borrowing and spending resonate with voters.

Miliband's speech echoed comments of finance spokesman Ed Balls said earlier this month that he would have "iron discipline" on spending.

"It's a hard reality. But people will only put their trust in us if we show we are credible," Miliband said.

Conservative Party Chairman Grant Shapps said Miliband was too weak to stick to his promise.

"Ed Miliband only offers more spending, more borrowing and more debt - the same old Labour approach that got us into this mess in the first place," he said. ($1 = 0.6498 British pounds)

(Reporting by Michael Holden; Editing by Toby Chopra)

Source: http://news.yahoo.com/uk-opposition-says-not-borrow-reverse-cuts-131311221.html

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Brazil's president grasps for answer to protests, violence

By Brian Winter

SAO PAULO (Reuters) - Brazilian President Dilma Rousseff will hold an emergency meeting of top aides on Friday to figure out how to respond to massive protests that brought 1 million people into the streets and also resulted in widespread vandalism and injuries.

Demonstrations across the country on Thursday night were the biggest yet by a movement that came from seemingly nowhere over the past week, and has rallied Brazilians angry about a range of issues from corruption and poor public transportation to billions of dollars being spent to host the soccer World Cup next year.

While the protests are not targeted at Rousseff herself - or any specific politician - the left-leaning leader is under huge pressure as marches have become increasingly violent and also contributed to a recent selloff in Brazil's financial markets.

Rousseff was set to meet with members of her Cabinet at around 9:30 a.m. (8.30 a.m. EDT) in Brasilia, a government official said.

The demonstrations have been mostly peaceful and led by the middle class. But on Friday, many Brazilians woke up to TV images from overnight of masked youths looting stores, setting fires and defacing buildings including the foreign ministry in Brasilia, which had its windows shattered.

Unlike previous demonstrations, much of the violence on Thursday was generated by the protesters themselves, rather than a heavy-handed police response.

At least 77 people were injured, newspaper Estado de S.Paulo reported. One person was killed in the interior of Sao Paulo state after someone drove their car into a group of protesters.

"I support these (protests), but I think it's out of control," said Nilson Chabat, a 31-year-old gas station attendant on his way to work on Friday in Sao Paulo. "Many of us are angry but you can't just go make a mess every day."

The sudden unrest, which started on June 13 when police cracked down on a small demonstration over rising bus fares in Sao Paulo, has shocked a country that until recently was considered a successful emerging-market power on the rise.

The demonstrations have unfolded as Brazil hosts the Confederations Cup, an international soccer tournament that serves as a test run for the much bigger World Cup. Protesters have used the tournament to amplify their outrage at public spending on lavish stadiums, casting a dark cloud over an event that was supposed to bolster Brazil's image globally.

FRUSTRATION WITH STATUS QUO

Polls show that most Brazilians remain happy with Rousseff, and with an economy that has slowed recently but has still been able to keep unemployment at record lows. Unlike recent youth protesters in the Arab world, the demonstrators are not trying to bring down the government, and Brazil's robust democracy appears able to address some of their complaints.

Yet the protests have revealed clear frustration with the status quo. Brazil has some of Latin America's highest taxes but one of the lowest rates of public investment, leaving many Brazilians frustrated with subpar schools, hospitals, infrastructure and police forces.

It's unclear what Rousseff can do in the short term, apart from making a general appeal for calm. Mayors of several cities already tried to yield to one of the protesters' main demands this week by rolling back a recent hike in bus and subway fares, but the demonstrations only grew.

Rousseff, a leftist guerrilla in the 1970s, has expressed solidarity with the protesters' aims and has appeared hesitant to order a crackdown that could just make the crowds even angrier.

But she is also at risk of having her probable re-election bid next year complicated by both the growing unrest and a possible backlash against the scenes of violence.

Some think she is already tardy in her response.

Fernando Rodrigues, a columnist for Folha de S.Paulo newspaper, wrote that Rousseff's silence on Thursday night "sums up the lack of action by politicians."

"They seem, in essence, to be only rooting for the tsunami to pass," he said.

(Reporting by Brian Winter; Editing by Todd Benson and Eric Beech)

Source: http://news.yahoo.com/brazils-president-grasps-answer-protests-violence-115545564.html

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Changes in cell shape may lead to metastasis, not the other way around

June 21, 2013 ? A crucial step toward skin cancer may be changes in the genes that control cell shape, report a team of scientists from The Methodist Hospital Research Institute, the Institute of Cancer Research, London, and Harvard Medical School in an upcoming issue of Nature Cell Biology (now online).

Using automated high content screening and sophisticated computational modeling, the researchers' screening and analysis of tens of millions of genetically manipulated cells helped them identify more than a dozen genes that influence cell shape. Their work could lead to a better understanding of how cells become metastatic and, eventually, pinpoint new gene therapy targets for cancer treatment.

"We found that by altering the way the cells are grown to better mimic conditions in a living organism, gene expression could have a profound impact on cell shape," said Zheng Yin, the paper's lead author and a postdoctoral fellow at the Department of Systems Medicine and Bioengineering of The Methodist Hospital Research Institute (TMHRI). "This matters because many cancer biologists believe metastasis depends in part on the ability of cells to take on different shapes to escape their confines and spread to healthy tissue. We developed a method of identifying and analyzing the shapes of fruit fly cells, then validated and expanded the discoveries in mammal cancer cells.."

The scientists began their study in fruit fly immune cells called hemocytes. Under normal conditions, each hemocyte was found to take on just one of five distinct shapes about 98 percent of the time. In contrast to conventional wisdom, other shapes and "intermediate" forms were rare, suggesting genes that control cell shape behave more like light switches than teakettles coming to a slow boil. Genetic manipulation of these cells in a lab setting supported that view as well.

Next the group examined human and mouse melanoma cells, which also take on a variety of forms. The researchers identified seven genes that cause cells to take on an especially rounded form, or else an elongated form. One of these genes, PTEN, had a particularly strong impact. When turned off, virtually all cells became elongated or large and rounded, two shapes that can help cancerous cells escape confinement, travel blood vessels, and infiltrate healthy tissues. This information about PTEN is new, even though the gene was previously known to scientists as a tumor suppressor.

"By increasing the frequency of rounded and elongated cells this would provide metastatic cells with a survival advantage that is otherwise not gained by adopting only a single shape, or being highly plastic," said TMHRI Department of Systems Medicine and Bioengineering Chair Stephen T.C. Wong, Ph.D., P.E., who with Institute of Cancer Research, London, Fellow Chris Bakal, Ph.D., are the corresponding authors who oversaw the research.

Bakal added, "The cells have to become rounded to travel through the bloodstream or invade soft tissues such as the brain, but they take on an elongated shape to travel through harder tissues like bone. But until now, we knew hardly anything about how the cells assume either of these shapes and how they switch between the two."

Yin said he hopes data from the study will be useful to cell and developmental biologists who are interested in how and why many different kinds of animal cells change their shapes.

"I believe this dataset has great potential," he said. "We still saw three distinct shapes other than rounded and elongated, and a handful of cell populations enriched with intermediate shapes -- a lot of possibilities for hypothesis generation."

Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/MZnLMdSRuDo/130621141658.htm

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Administrator opens probe of spill claims lawyer

NEW ORLEANS (AP) ? For months, BP has complained that a Louisiana attorney who is administering its settlement with tens of thousands of Gulf Coast businesses and residents has made decisions that expose the company to what could be billions of dollars in fictitious claims arising from the 2010 oil spill in the Gulf of Mexico.

Now the court-appointed administrator himself is investigating allegations that could provide the London-based oil giant with fodder for its argument that it hasn't gotten a fair shake from the claims-processing team.

Lafayette-based lawyer Patrick Juneau confirmed Friday that he has opened an internal probe of alleged misconduct by one of his staff attorneys, Lionel H. Sutton III.

Sutton resigned Friday morning, Juneau spokesman Nick Gagliano told The Associated Press.

A report outlining the allegations, a copy of which was obtained by the AP, accuses Sutton of "writing polices" that benefited himself and other plaintiffs' lawyers. It does not elaborate.

Prepared by Juneau's office, the report also says a "confidential source" who contacted Juneau's security chief accused Sutton of trying to influence a claim filed by New Orleans-based Andry Law Firm. The same firm allegedly paid Sutton a portion of settlement proceeds for claims he had referred to it before he went to work for Juneau.

Juneau provided the report to U.S. District Judge Carl Barbier during a meeting in his chambers Thursday. The administrator has pledged to thoroughly investigate the claims involving Sutton, who started working for his office in November 2012, according to the report.

Both BP and claimants "rightfully expect fairness and objectivity from this claims process," Juneau wrote.

"Our goal is to operate in an efficient, transparent and fair manner. All allegations are taken seriously and investigated thoroughly."

But in its own statement Friday, BP said only a "comprehensive and independent investigation will ensure the integrity of the claims process."

Sutton acknowledged in an email late Thursday that he had been told he was suspended "pending an investigation of an anonymous allegation against me."

"I have not been made aware of the substance of the allegation or the status of the investigation," Sutton wrote. "Once this is resolved, I would be happy to discuss it all with you."

According to the report, Sutton denied the allegations when Juneau discussed them with him.

"Sutton advised Juneau that he did not retain any interest in the claims or clients and the allegations were 100 percent incorrect," the report says.

But the report also cites passages from a string of email exchanges in which Sutton allegedly asks about his cut of nearly $500,000 in settlement payments to an individual who had filed several seafood-related claims.

In response to a lawyer who emailed him in January 2013 and asked him about his fee, Sutton allegedly responded, "They sent you the check for my fee. The total fee on (the claimant) was 10k (+ or -). They sent you 5 for me and kept the other 5."

Jonathan Andry, a lawyer at the firm that allegedly paid Sutton, didn't immediately respond to messages left at his office and with his answering service.

The report indicates that Juneau's security head, David Welker, notified the FBI's New Orleans division about the lawyer's alleged misconduct. Welker until recently was the special agent in charge of the FBI office in New Orleans.

An FBI spokeswoman in New Orleans declined to comment Thursday.

Before the allegations even surfaced, BP PLC had sued to block what could be billions of dollars in settlement payouts to businesses over the spill. The company has accused Juneau of trying to rewrite the terms of the deal and asserts that he has made decisions that expose the company to fictitious losses that were never contemplated in the settlement.

Judge Barbier, who is overseeing the massive settlement, appointed Juneau last year and has upheld his decisions for calculating payments. BP has appealed, and the 5th U.S. Circuit Court of Appeals is scheduled to hear the case in July.

It's unclear how much influence Sutton had over the process of evaluating and paying scores of claims spawned by the deadly Deepwater Horizon disaster, which killed 11 rig workers and led to the nation's offshore oil spill.

The report prepared by Juneau's office Thursday doesn't elaborate on the allegation from the confidential source that Sutton was "writing policies within the (settlement program) that ultimately may benefit his friends who are attorneys and himself."

But the revelation could strengthen BP's position as it forges ahead with a high-stakes challenge to Juneau's interpretation of the settlement terms.

"If I'm Judge Barbier, I've got to worry about this," said Howard Erichson, a Fordham University law professor specializing in complex litigation. "Any claims settlement relies on a reliable claims process. If the integrity of the claims process is challenged, the judge is going to take that very seriously."

The spill began in April 2010 after the BP-leased drilling rig Deepwater Horizon exploded off the Louisiana coast, killing 11 workers. Roughly 200 million gallons of crude oil were released from the Macondo well a mile under the Gulf surface. Marshes, fisheries and beaches from Louisiana to Florida were fouled by the oil until a cap was placed over the blown-out well in July 2010.

BP set up a compensation fund for individuals and businesses affected by the spill and committed $20 billion. The claims fund initially was handled by lawyer Kenneth Feinberg but Juneau took over the processing of claims after the settlement was reached last year.

Juneau's office announced in May that it has determined more than $3 billion in claims are eligible for payment through the settlement agreement. More than 162,000 claims were filed and more than $2 billion had been paid to claimants as of May 6.

Source: http://news.yahoo.com/administrator-opens-probe-spill-claims-lawyer-173946788.html

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FAA moving toward easing electronic device use

WASHINGTON (AP) ? Relief may be on the way for airline passengers who can't bear to be separated even briefly from their personal electronic devices. The government is moving toward allowing gate-to-gate use of music players, tablets, laptops, smartphones and other gadgets, although it may take a few months.

Restrictions on cellphone calls and Internet use and transmission are not expected to be changed.

An industry-labor advisory committee was supposed to make recommendations next month to the Federal Aviation Administration on easing restrictions on using electronic devices during takeoffs and landings. But the agency said in a statement Friday the deadline has been extended to September because committee members asked for extra time to finish assessing whether it's safe to lift restrictions.

"The FAA recognizes consumers are intensely interested in the use of personal electronics aboard aircraft; that is why we tasked a government-industry group to examine the safety issues and the feasibility of changing the current restrictions," the statement said.

The agency is under public and political pressure to ease the restrictions as more people bring their devices with them when they fly in order to read e-books, listen to music, watch videos, and get work done.

Technically, the FAA doesn't bar use of electronic devices when aircraft are below 10,000 feet. But under FAA rules, airlines that want to let passengers use the devices are faced with a practical impossibility ? they would have to show that they've tested every type and make of device passengers would use to ensure there is no electromagnetic interference with aircraft radios and electrical and electronic systems.

As a result, U.S. airlines simply bar all electric device use below 10,000 feet. Airline accidents are most likely to occur during takeoffs, landings and taxiing.

Using cellphones to make calls on planes is regulated by the Federal Communications Commission. There is concern that making calls from fast-flying planes might strain cellular systems, interfering with service on the ground. There is also the potential annoyance factor ? whether passengers will be unhappy if they have to listen to other passengers yakking on the phone.

The Wall Street Journal reported Friday that a draft report by the advisory committee indicates its 28 members have reached a consensus that at least some of the current restrictions should be eased.

A member of the committee told The Associated Press that while the draft report is an attempt to reach consensus, no formal agreement has yet been reached. The member was not authorized to discuss the committee's private deliberations and requested anonymity.

There are also still safety concerns, the member said. The electrical interference generated by today's devices is much lower than those of a decade ago, but many more passengers today are carrying electronics.

Any plan to allow gate-to-gate electronic use would also come with certification processes for new and existing aircraft to ensure that they are built or modified to mitigate those risks. Steps to be taken could include ensuring that all navigational antennas are angled away from the plane's doors and windows. Planes that are already certified for Wi-Fi would probably be more easily certified.

Although the restrictions have been broadly criticized as unnecessary, committee members saw value in them.

One of the considerations being weighed is whether some heavier devices like laptops should continue to be restricted because they might become dangerous projectiles, hurting other passengers during a crash, the committee member said. There is less concern about tablets and other lighter devices.

FAA officials would still have the final say. An official familiar with FAA's efforts on the issue said agency officials would like to find a way to allow passengers to use electronic devices during takeoffs and landings the same way they're already allowed to use them when planes are cruising above 10,000 feet. The official requested anonymity because he wasn't authorized to speak by name.

FAA Administrator Michael Huerta told a Senate panel in April that he convened the advisory committee in the hope of working out changes to the restrictions.

"It's good to see the FAA may be on the verge of acknowledging what the traveling public has suspected for years ? that current rules are arbitrary and lack real justification," Sen. Claire McCaskill, D-Mo., one of Congress' more outspoken critics of the restrictions, said in a statement. She contends that unless scientific evidence can be presented to justify the restrictions, they should be lifted.

Edward Pizzarello, the co-founder of frequent flier discussion site MilePoint, says lifting the restriction is "long overdue."

"I actually feel like this regulation has been toughest on flight attendants. Nobody wants to shut off their phone, and the flight attendants are always left to be the bad guys and gals," said Pizzarello, 38, of Leesburg, Va.

Actor Alec Baldwin became the face of passenger frustration with the restrictions in 2011 when he was kicked off a New York-bound flight in Los Angeles for refusing to turn off his cellphone. Baldwin later issued an apology to fellow American Airlines passengers who were delayed, but mocked the flight attendant on Twitter.

"I just hope they do the sensible thing and don't allow people to talk on their cellphones during flight," said Pizzarello, who flies 150,000 to 200,000 miles a year. "There are plenty of people that don't have the social skills necessary to make a phone call on a plane without annoying the people around them. Some things are better left alone."

___

Mayerowitz reported from New York.

___

Follow Joan Lowy on Twitter at https://twitter.com/AP_Joan_Lowy

Source: http://news.yahoo.com/faa-moving-toward-easing-electronic-device-183139775.html

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Ohio man gets 36 years to life in dying blink case

CINCINNATI (AP) ? A man paralyzed and hooked up to a ventilator after he was shot in the face and neck could only communicate by blinking his eyes, but those blinks helped lead to what could end up as life in prison for the man convicted of murdering him.

Ricardo Woods, 35, was sentenced Thursday to 36 years to life in prison for the murder of David Chandler and for felonious assaults and weapons charges. The murder trial drew national attention when the judge allowed jurors to see a police interview of Chandler two weeks before his death during which he blinked in response to questions about who shot him.

Woods was convicted last month of murder and felonious assault charges after jurors watched the interview which prosecutors say shows Chandler blinked his eyes three times for "yes" to identify a photo of Woods as the man who shot him. Chandler was shot while sitting in a car on Oct, 28, 2010, and left paralyzed from the neck down,

The defense tried to block the video, saying Chandler's blinks were inconsistent and unreliable.

Woods, who insists he is innocent, stood stoically before a Hamilton County judge on Thursday and showed no visible emotion as she sentenced him. Judge Beth Myers said the sentence she gave him was "necessary to protect the public and punish Mr. Woods."

Prosecutors had sought a sentence of 37 years to life, the maximum, while the defense had asked the judge for the minimum, 18 years to life.

Assistant county Prosecutor David Prem told the judge prior to sentencing that Woods' previous criminal history, including prison terms for attempting to kill someone and drug trafficking, should be taken into account.

"He is a dangerous and violent offender," Prem said, adding that it was time for the Chandler family and the state of Ohio to get justice.

Defense attorney Kory Jackson told the judge that Woods has "always maintained that he is not guilty and still maintains that today."

Woods nodded yes when the judge said she understood that he planned to appeal.

Jackson stressed again after court that Woods has always insisted he is innocent, even when he was offered a deal prior to the trial requiring him to plead guilty in exchange for a five-year sentence.

"He said that he was innocent and that 'I'm absolutely not going to take a deal,'" Jackson said.

No members of Chandler's family spoke at Thursday's hearing, but the victim's mother said afterward that she was pleased with the sentence.

"I'm happy my son got his day in court," Jean Bradford said.

Prem said that Chandler "hopefully will never get out of prison."

"Mr. Woods deserved every day of the 36-to-life sentence he received," Prem said.

Jackson says he expects the video interview to play a role in Woods' appeal.

A doctor who treated Chandler testified during the trial that Chandler was able to communicate clearly. But the defense argued that Chandler's condition and drugs used to treat him could have hindered his ability to understand and respond during the police interview.

A jailhouse informant testified that Woods told him he shot at Chandler because he caught him buying drugs from someone else while still owing Woods money for drugs. But the defense argued that the informant, who faced armed robbery charges, was trying to get a lighter sentence for himself.

Legal experts say such cases ? where prosecutors attempt to show a defendant was identified by a gesture ? are unusual. Dying identifications relying on gestures rather than words are often not used in trials because of concern over reliability or differing interpretations. But some have been used in murder cases around the country that have resulted in convictions.

Source: http://news.yahoo.com/ohio-man-gets-36-years-life-dying-blink-135938650.html

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