customizenikeshox.com

Monday, March 28, 2005

San Jose, California — As the April 15 deadline for U.S. private citizens to file their 2004 income tax returns draws near, the government is reminding sellers on eBay that they may have to report any proceeds from sales on the auction site as taxable income.

This could be a surprise to some of the 135 million registered eBay users who consider trading on San Jose-based auction site to be a non-taxable hobby. Complicating matters, eBay says it doesn’t report individual sales figures to the government – users are responsible to report any profits on their own tax returns.

The amount of money traveling through eBay is big business. $33.8 billion worth of merchandise was sold on the site in 2004, up from $5.2 billion in 2000.

Although eBay pays taxes on its share of the sales (5.25 percent cut from each transaction as of Feb. 18), the IRS fears some small businesses are using the site to dodge tax responsibility. Adding to the confusion, some sellers may legally be a taxable business without realizing it.

The U.S. Internal Revenue Service has a nine-point checklist it uses to determine whether or not a money-making activity is legally a business, which means money made is taxable, or a simple hobby – where it is not taxable. The IRS can consider a person to be a legal “business” even though they never incorporated or claimed to be one.

According to Woodbury, New York-based accountant Bart Fooden in an Associated Press interview, the IRS looks for such things as evidence that the auction seller depends on the eBay sales income to pay for activities other than maintaining the hobby, acts in a businesslike manner when selling on auctions or puts enough time and effort into the eBay activities that there is an obvious intent to make a profit.

But Fooden said in the same interview casual users probably have nothing to worry about. Those cleaning out closets or the garage and selling off junk for less than the original price paid are not turning a profit, so that money is not considered income and is not taxable.

Wednesday, November 23, 2011

A report published today by the Equality and Human Rights Commission (EHRC) finds that, in many cases, England’s home care system breaches the human rights of the elderly it is supposed to serve. The Close to home: older people and human rights in home care report is the result of a twelve-month investigation into care generally provided by local authorities.

Approximately half of those receiving home care, plus friends and family, providing evidence to the inquiry were satisfied with the quality of care provided. However, the report stresses that there are “systemic problems” arising from “a failure to apply a human rights approach to home care provision”. The report asserts that it is generally not the fault of individuals providing care, but serious problems exist as local authorities seem unaware of their obligations under the Human Rights Act and fail to commission, procure, and monitor care accordingly.

The report says articles two, three and eight of the European Convention on Human Rights are frequently being breached. These, respectively, cover an individual’s right to life, protection from inhumane and degrading treatment, and respect for dignity and personal independence. Criticisms include that care is not provided in a common-sense manner, and funding of care for the elderly is at lower levels than for younger people with similar problems and needs.

The EHRC’s investigation highlights a range of recurring complaints and attempts to identify the underlying causes; cost is repeatedly mentioned, with use of the private-sector leading to some local authorities offering a “one size fits all” service leaving many elderly feeling they are “a task to be undertaken” and have “little or no choice” as to help received, or when care workers visit. A failure to invest in care workers is noted, with significant responsibility and the wide range of skills required being rewarded with low pay and status; this, the report states, adversely impacts staff retention and, a high turnover of care workers can put the security of care recipients at-risk.

Within the wider investigation, a commissioned independent social report by The Arndale Centre conducted in-depth interviews with a cross-section of 40 elderly individuals receiving home care. As-stressed in the report, those selected were not on the basis of good, or bad, experiences with their – mainly local authority-provided – care. It highlights a widespread feeling amongst those interviewed that they are treated “like a number”, and that aspects of the care provided lead to, or fail to resolve, feelings of social isolation.

The Manchester-based Arndale Centre report concludes that, “[t]he general picture is of a wider home care system in which older people are noteffectively involved: which they do not understand, and which does not often make the extra effort required to involve them in ways tailored to their state of health and other needs”.

A recurring theme in the responses of those interviewed is the social isolation that their home care is not adequately addressing. One male interviewee in his seventies who previously used a scooter to get about said in his interview, “I haven’t been out of the house now for about four weeks. I daren’t. The last time I went out on the scooter I hit the kerb and it frightened the living daylights out of me.” Another, an 85-year-old woman who lives alone, expressed sadness at her inability to do normal things, “I would love to go to town to do some shopping. I haven’t been to town for about two years… Wander round the town and have a cup of tea… I’d love that.”

The social isolation many elderly experience was summed up neatly by another woman in her eighties in her interview: “When you go now, I will maybe not talk to anybody till tomorrow; maybe the whole of tomorrow nobody to talk [to]… face to face. Nobody will knock on that door, that is it, a life of isolation.”

The EHRC, having commissioned this report in the face of funding changes and reform of the care system, intends to press for legislative changes to ensure those receiving care at home are given the same protections under the Human Rights Act as those in residential care. In the conclusions of their report they offer to work with, and support, local authorities in understanding and delivering care that respects peoples’ rights and dignity; and, recommend better guidance as to the choices available to the elderly, and their families, be made available.

Thursday, March 12, 2015

The Associated Press (AP) reported on Tuesday the U.S. Secret Service is conducting drone exercises over Washington, D.C. to defend against unmanned aerial vehicles being flown over the area.

The Federal Aviation Administration (FAA) approved the Secret Service to conduct these flying exercises. The exercises are to be over parts of D.C. airspace which is normally off-limits below 18,000 feet, also called a no-fly aone or the D.C. flight restricted zone. The exercises are to take place in the very early morning hours over the next several weeks.

According to AP, a U.S. official speaking under condition of anonymity said the agency is testing these drones for law enforcement and to defend against potentially dangerous drones, but declined to comment on the specific details because they’re classified. However, they sought to prevent concerns by possible witnesses by publicizing their intent to conduct tests. The agency is cautious of witnesses of unmanned aerial vehicles flying over D.C. because of a drone sighting incident several weeks ago. Witnesses saw several unidentified drones flying over Paris, France, which caused concerns.

AP said techniques to be tested include signal jamming. Most drones use radio-frequency signals for remote control. Intercepting these signals might allow tracking the drones. Jamming, though, could interrupt Wi-Fi of people in the vicinity.

The FAA last month announced preliminary guidelines requiring UAVs be operated within sight of the operator, prohibiting night flying, and requiring speeds below 100 miles per hour (about 160 kph) and altitudes below 500 feet.

Monday, October 1, 2007

Tyler Currie is running as an Progressive Conservative candidate in the Ontario provincial election, in the riding of Trinity-Spadina. Wikinews’ Nick Moreau interviewed him regarding his values, his experience, and his campaign.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.

Thursday, June 25, 2015

Live music venues in Edinburgh, Scotland are awaiting a review later this year on the 2005 licensing policy, which places limitations on the volume of amplified music in the city. Investigating into how the policy is affecting the Edinburgh music scene, a group of Wikinews writers interviewed venue owners, academics, the City of Edinburgh Council, and local band The Mean Reds to get different perspectives on the issue.

Since the clause was introduced by the government of the city of Edinburgh, licensed venues have been prohibited from allowing music to be amplified to the extent it is audible to nearby residential properties. This has affected the live music scene, with several venues discontinuing regular events such as open mic nights, and hosting bands and artists.

Currently, the licensing policy allows licensing standards officers to order a venue to cease live music on any particular night, based on a single noise complaint from the public. The volume is not electronically measured to determine if it breaches a decibel volume level. Over roughly the past year there have been 56 separate noise complaints made against 18 venues throughout the city.

A petition to amend the clause has garnered over 3,000 signatures, including the support of bar owners, musicians, and members of the general public.

On November 17, 2014, the government’s Culture and Sport Committee hosted an open forum meeting at Usher Hall. Musicians, venue owners and industry professionals were encouraged to provide their thoughts on how the council could improve live music in the city. Ways to promote live music as a key cultural aspect of Edinburgh were discussed and it was suggested that it could be beneficial to try and replicate the management system of live music of other global cities renowned for their live music scenes. However, the suggestion which prevailed above all others was simply to review the existing licensing policy.

Councillor (Cllr) Norma Austin-Hart, Vice Convenor of the Culture and Sport Committee, is responsible for the working group Music is Audible. The group is comprised of local music professionals, and councillors and officials from Edinburgh Council. A document circulated to the Music is Audible group stated the council aims “to achieve a balance between protecting residents and supporting venues”.

Following standard procedure, when a complaint is made, a Licensing Standards Officer (LSO) is dispatched to investigate the venue and evaluate the level of noise. If deemed to be too loud, the LSO asks the venue to lower the noise level. According to a document provided by the City of Edinburgh Council, “not one single business has lost its license or been closed down because of a breach to the noise condition in Edinburgh.”

In the Scotland Licensing Policy (2005), Clause 6.2 states, “where the operating plan indicates that music is to be played in a premises, the board will consider the imposition of a condition requiring amplified music from those premises to be inaudible in residential property.” According to Cllr Austin-Hart, the high volume of tenement housing in the city centre makes it difficult for music to be inaudible.

During the Edinburgh Festival Fringe during the summer, venues are given temporary licences that allow them to operate for the duration of the festival and under the condition that “all amplified music and vocals are controlled to the satisfaction of the Director of Services for Communities”, as stated in a document from the council. During the festival, there is an 11 p.m. noise restriction on amplified music, and noise may be measured by Environmental Health staff using sophisticated equipment. Noise is restricted to 65dB(A) from the facades of residential properties; however, complaints from residents still occur. In the document from the council, they note these conditions and limitations for temporary venues would not necessarily be appropriate for permanent licensed premises.

In a phone interview, Cllr Austin-Hart expressed her concern about the unsettlement in Edinburgh regarding live music. She referenced the closure of the well-known Picture House, a venue that has provided entertainment for over half a century, and the community’s opposition to commercial public bar chain Wetherspoon buying the venue. “[It] is a well-known pub that does not play any form of music”, Cllr Austin-Hart said. “[T]hey feel as if it is another blow to Edinburgh’s live music”. “[We] cannot stop Wetherspoon’s from buying this venue; we have no control over this.”

The venue has operated under different names, including the Caley Palais which hosted bands such as Queen and AC/DC. The Picture House opened in 2008.

One of the venues which has been significantly affected by the licensing laws is the Phoenix Bar, on Broughton Street. The bar’s owner, Sam Roberts, was induced to cease live music gigs in March, following a number of noise complaints against the venue. As a result, Ms Roberts was inspired to start the aforementioned petition to have Clause 6.2 of the licensing policy reviewed, in an effort to remove the ‘inaudibility’ statement that is affecting venues and the music scene.

“I think we not only encourage it, but actively support the Edinburgh music scene,” Ms Roberts says of the Phoenix Bar and other venues, “the problem is that it is a dying scene.”

When Ms Roberts purchased the venue in 2013, she continued the existing 30-year legacy established by the previous owners of hosting live acts. Representative of Edinburgh’s colourful music scene, a diverse range of genres have been hosted at the venue. Ms Roberts described the atmosphere when live music acts perform at her venue as “electric”. “The whole community comes together singing, dancing and having a party. Letting their hair down and forgetting their troubles. People go home happy after a brilliant night out. All the staff usually join in; the pub comes alive”. However licensing restrictions have seen a majority of the acts shut down due to noise complaints. “We have put on jazz, blues, rock, rockabilly, folk, celtic and pop live acts and have had to close everything down.” “Residents in Edinburgh unfortunately know that the Council policy gives them all the rights in the world, and the pubs and clubs none”, Ms Roberts clarified.

Discussing how inaudibility has affected venues and musicians alike, Ms Roberts stated many pubs have lost profit through the absence of gigs, and trying to soundproof their venue. “It has put many musicians out of work and it has had an enormous effect on earnings in the pub. […] Many clubs and bars have been forced to invest in thousands of pounds worth of soundproofing equipment which has nearly bankrupted them, only to find that even the tiniest bit of noise can still force a closure. It is a ridiculously one-sided situation.” Ms Roberts feels inaudibility is an unfair clause for venues. “I think it very clearly favours residents in Edinburgh and not business. […] Nothing is being done to support local business, and closing down all the live music venues in Edinburgh has hurt financially in so many ways. Not only do you lose money, you lose new faces, you lose the respect of the local musicians, and you begin to lose all hope in a ‘fair go’.”

With the petition holding a considerable number of signatures, Ms Roberts states she is still sceptical of any change occurring. “Over three thousand people have signed the petition and still the council is not moving. They have taken action on petitions with far fewer signatures.” Ms Roberts also added, “Right now I don’t think Edinburgh has much hope of positive change”.

Ms Roberts seems to have lost all hope for positive change in relation to Edinburgh’s music scene, and argues Glasgow is now the regional choice for live music and venues. “[E]veryone in the business knows they have to go to Glasgow for a decent scene. Glasgow City Council get behind their city.”

Ms Martina Cannon, member of local band The Mean Reds, said a regular ‘Open Mic Night’ she hosted at The Parlour on Duke Street has ceased after a number of complaints were made against the venue. “It was a shame because it had built up some momentum over the months it had been running”. She described financial loss to the venue from cancelling the event, as well as loss to her as organiser of the event.

Sneaky Pete’s music bar and club, owned by Nick Stewart, is described on its website as “open and busy every night”.”Many clubs could be defined as bars that host music, but we really are a music venue that serves drinks”, Mr Stewart says. He sees the live music scene as essential for maintaining nightlife in Edinburgh not only because of the economic benefit but more importantly because of the cultural significance. “Music is one of the important things in life. […] it’s emotionally and intellectually engaging, and it adds to the quality of life that people lead.”

Sneaky Pete’s has not been immune to the inaudibility clause. The business has spent about 20,000 pounds on multiple soundproofing fixes designed to quell complaints from neighboring residents. “The business suffered a great deal in between losing the option to do gigs for fear of complaints, and finishing the soundproofing. As I mentioned, we are a music business that serves drinks, not a bar that also has music, so when we lose shows, we lose a great deal of trade”, said Mr Stewart.

He believes there is a better way to go about handling complaints and fixing public nuisances. “The local mandatory condition requiring ‘amplified music and vocals’ to be ‘inaudible’ should be struck from all licenses. The requirement presupposes that nuisance is caused by music venues, when this may not reasonably be said to be the case. […] Nuisance is not defined in the Licensing Act nor is it defined in the Public Health Act (Scotland) 2008. However, The Consultation on Guidance to accompany the Statutory Nuisance Provisions of the Public Health etc (Scotland) Act 2008 states that ‘There are eight key issues to consider when evaluating whether a nuisance exists[…]'”.

The eight key factors are impact, locality, time, frequency, duration, convention, importance, and avoidability. Stewart believes it is these factors that should be taken into consideration by LSOs responding to complaints instead of the sole factor of “audibility”.He believes multiple steps should be taken before considering revocation of licenses. Firstly, LSOs should determine whether a venue is a nuisance based on the eight factors. Then, the venue should have the opportunity to comply by using methods such as changing the nature of their live performances (e.g. from hard rock to acoustic rock), changing their hours of operation, or soundproofing. If the venue still fails to comply, then a board can review their license with the goal of finding more ways to bring them into compliance as opposed to revoking their license.

Nick Stewart has discussed his proposal at length with Music is Audible and said he means to present his proposal to the City of Edinburgh Council.

Dr Adam Behr, a music academic and research associate at the University of Edinburgh who has conducted research on the cultural value of live music, says live music significantly contributes to the economic performance of cities. He said studies have shown revenue creation and the provision of employment are significant factors which come about as a result of live music. A 2014 report by UK Music showed the economic value generated by live music in the UK in 2013 was £789 million and provided the equivalent of 21,600 full time jobs.

As the music industry is international by nature, Behr says this complicates the way revenue is allocated, “For instance, if an American artist plays a venue owned by a British company at a gig which is promoted by a company that is part British owned but majority owned by, say, Live Nation (a major international entertainment company) — then the flow of revenues might not be as straightforward as it seems [at] first.”

Despite these complexities, Behr highlighted the broader advantages, “There are, of course, ancillary benefits, especially for big gigs […] Obviously other local businesses like bars, restaurants and carparks benefit from increased trade”, he added.

Behr criticised the idea of making music inaudible and called it “unrealistic”. He said it could limit what kind of music can be played at venues and could force vendors to spend a large amount of money on equipment that enables them to meet noise cancelling requirements. He also mentioned the consequences this has for grassroots music venues as more ‘established’ venues within the city would be the only ones able to afford these changes.

Alongside the inaudibility dispute has been the number of sites that have been closing for the past number of years. According to Dr Behr, this has brought attention to the issue of retaining live music venues in the city and has caused the council to re-evaluate its music strategy and overall cultural policy.

This month, Dr Behr said he is to work on a live music census for Edinburgh’s Council which aims to find out what types of music is played, where, and what exactly it brings to the city. This is in an effort to get the Edinburgh city council to see any opportunities it has with live music and the importance of grassroots venues. The census is similar to one conducted in Victoria, Australia in 2012 on the extent of live music in the state and its economic benefit.

As for the solution to the inaudibility clause, Behr says the initial step is dialogue, and this has already begun. “Having forum discussion, though, is a start — and an improvement”, he said. “There won’t be an overnight solution, but work is ongoing to try to find one that can stick in the long term.”

Beverley Whitrick, Strategic Director of Music Venue Trust, said she is unable to comment on her work with the City of Edinburgh Council or on potential changes to the inaudibility clause in the Licensing Policy. However, she says, “I have been asked to assess the situation and make recommendations in September”.

According to The Scotsman, the Council is working toward helping Edinburgh’s cultural and entertainment scene. Deputy Council Leader Sandy Howat said views of the entertainment industry needs to change and the Council will no longer consider the scene as a “sideline”.

Senior members of the Council, The Scotsman reported, aim to review the planning of the city to make culture more of a priority. Howat said, “If you’re trying to harness a living community and are creating facilities for people living, working and playing then culture should form part of that.”

The review of the inaudibility clause in the Licensing Policy is set to be reviewed near the end of 2016 but the concept of bringing it forward to this year is still under discussion.

Sunday, May 18, 2008

An HIV-positive man was sentenced to 35 years in prison Wednesday, one day after being convicted of harassment of a public servant for spitting into the eye and open mouth of a Dallas, Texas police officer in May 2006. The United States Centers for Disease Control and Prevention says that no one has ever contracted HIV from saliva, and a gay-rights and AIDS advocacy group called the sentence excessive.

A Dallas County jury concluded that Willie Campbell’s act of spitting on policeman Dan Waller in 2006 constituted the use of his saliva as a deadly weapon. The incident occurred while Campbell, 42, was resisting arrest while being taken into custody for public intoxication.

“He turns and spits. He hits me in the eye and mouth. Then he told me he has AIDS. I immediately began looking for something to flush my eyes with,” said Waller to The Dallas Morning News.

Officer Waller responded after a bystander reported seeing an unconscious male lying outside a building. Dallas County prosecutors stated that Campbell attempted to fight paramedics and kicked the police officer who arrested him for public intoxication.

Prosecutors said that Campbell yelled that he was innocent during the trial, and claimed a police officer was lying. Campbell’s lawyer Russell Heinrichs said that because he had a history of convictions including similarly attacking two other police officers, biting inmates, and other offenses, he was indicted under a habitual offender statute. The statute increased his minimum sentence to 25 years in prison. Because the jury ruled that Campbell’s saliva was used as a deadly weapon, he will not be eligible for parole until completing at least half his sentence.

The organization Lambda Legal (Lambda Legal Defense and Education Fund), which advocates for individuals living with HIV, says that saliva should not be considered a deadly weapon. Bebe Anderson, the HIV projects director at Lambda Legal, spoke with The Dallas Morning News about the sentence. “It’s been 25 years since the virus was identified, but there are still lots of fears,” said Anderson.

The Dallas County prosecutor who handled the trial, Jenni Morse, said that the deadly weapon finding was justified. “No matter how minuscule, there is some risk. That means there is the possibility of causing serious bodily injury or death,” said Morse. Dallas County District Attorney Craig Watkins stated: “If you look at the facts of this case, it was clear that the defendant intended to cause serious bodily injury.”

A page at the CDC’s website, HIV and Its Transmission, states: “HIV has been found in saliva and tears in very low quantities from some AIDS patients.” The subsection “Saliva, Tears, and Sweat” concludes that: “Contact with saliva, tears, or sweat has never been shown to result in transmission of HIV.” On Friday the Dallas County Health Department released a statement explaining that HIV is most commonly spread through sexual contact, sharing needles, or transfusion from an infected blood product.

Thursday, July 15, 2021

With at least 18 active cases of COVID-19 in Victoria, Australia state Premier Daniel Andrews has announced a five-day lockdown to commence at 11:59 PM tonight.

The lockdown regulations list only five reasons to leave home: for food and supplies, excercise, care or caregiving, work or education if not possible from home, and to recieve a COVID-19 vaccination. When excercising, people cannot go more than five km away from their home, and for no more than two hours, according to regulations. The vaccination also needs to be administered at the nearest possible location. This is the fifth COVID-19 lockdown in the state of Victoria since the beginning of the pandemic, and the rules applied are the same as the state’s fourth lockdown in June.

ABC News attributed the connection to most cases in the state to a “group of removalists” from New South Wales, who crossed through Victoria while they were reportedly infected with the virus. New South Wales is currently facing an outbreak of COVID-19, driven by the virus’ Delta variant, and yesterday lockdown in Sydney was extended by at least two weeks.

In a press release, Premier Andrews wrote that “if we act now – while we’re right on the heels of this outbreak – we can give ourselves every chance of getting ahead of it. If we wait – we lose that option.” Under the new Victorian restrictions, face masks are also be made mandatory outdoors. This follows an announcement made yesterday “face masks must be worn indoors at all times (except at home) and outdoors when it’s not possible to physically distance.”