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California Lemon Law Statutes

California Lemon Law CIVIL CODE

SECTION 1790-1790.4 1790. This chapter may be cited as the “Song-Beverly Consumer Warranty Act.” California Lemon Law CIVIL CODE SECTION 1791-1791.3California Lemon Law 1791. As used in this chapter:

  • “Consumer goods” means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. “Consumer goods” shall include new and used assistive devices sold at retail.
  • “Lessor” means a person who regularly leases consumer goods under a lease.
  • “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods.
  • “Place of business” means, for the purposes of any retail seller that sells consumer goods by catalog or mail order, the distribution point for consumer goods.
  • “Retail seller,” “seller,” or “retailer” means any individual, partnership, corporation, association, or other legal relationship that engages in the business of selling or leasing consumer goods to retail buyers.

California Lemon Law 1791.2.

  • “Express warranty” means: A written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or performance of the consumer good or provide compensation if there is a failure in utility or performance; or
  • Statements or representations such as expressions of general policy concerning customer satisfaction which are not subject to any limitation do not create an express warranty.

1791.3. As used in this chapter, a sale “as is” or “with all faults” means that the manufacturer, distributor, and retailer disclaim all implied warranties that would otherwise attach to the sale of consumer goods under the provisions of this chapter.

California Lemon Law CIVIL CODE

SECTION 1792-1795.8

California Lemon Law 1792. Unless disclaimed in the manner prescribed by this chapter, every sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer’s and the retail seller’s implied warranty that the goods are merchantable. The retail seller shall have a right of indemnity against the manufacturer in the amount of any liability under this section.

California Lemon Law 1792.1. Every sale of consumer goods that are sold at retail in this state by a manufacturer who has reason to know at the time of the retail sale that the goods are required for a particular purpose and that the buyer is relying on the manufacturer’s skill or judgment to select or furnish suitable goods shall be accompanied by such manufacturer’s implied warranty of fitness.

California Lemon Law 1792.2.

Every sale of consumer goods that are sold at retail in this state by a retailer or distributor who has reason to know at the time of the retail sale that the goods are required for a particular purpose, and that the buyer is relying on the retailer’s or distributor’s skill or judgment to select or furnish suitable goods shall be accompanied by such retailer’s or distributor’s implied warranty that the goods are fit for that purpose.

    California Lemon Law 1792.4.

    [youtube]http://www.youtube.com/watch?v=7LndRlolcnA[/youtube]

    No sale of goods, governed by the provisions of this chapter, on an “as is” or “with all faults” basis, shall be effective to disclaim the implied warranty of merchantability or, where applicable, the implied warranty of fitness, unless a conspicuous writing is attached to the goods which clearly informs the buyer, prior to the sale, in simple and concise language of each of the following:

    The goods are being sold on an “as is” or “with all faults” basis.

      California Lemon Law 1793.

      Except as provided in Section 1793.02, nothing in this chapter shall affect the right of the manufacturer, distributor, or retailer to make express warranties with respect to consumer goods. However, a manufacturer, distributor, or retailer, in transacting a sale in which express warranties are given, may not limit, modify, or disclaim the Implied warranties guaranteed by this chapter to the sale of consumer goods.

      California Lemon Law 1793.02.

      All new and used assistive devices sold at retail in this state shall be accompanied by the retail seller’s written warranty which shall contain the following language: “This assistive device is warranted to be specifically fit for the particular needs of you, the buyer. If the device is not specifically fit for your particular needs, it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later. If you return the device, the seller will either adjust or replace the device or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws.” In lieu of the words “30 days” the retail seller may specify any longer period.

        California Lemon Law 1793.025.

        All new and used wheelchairs, including, but not limited to, wheelchairs that are motorized or have been otherwise customized to suit the needs of the user, shall be accompanied by the manufacturer’s or lessor’s written express warranty that the wheelchair is free of defects. The duration of the warranty shall be for a period of at least one year from the date of the first delivery of a new wheelchair to the consumer, or at least 60 days from the date of the first delivery of a used, refurbished, or reconditioned wheelchair to the consumer. If the written express warranty is not furnished to the consumer, the wheelchair nonetheless shall be deemed to be covered by the express warranty. This section shall not apply to wheelchairs manufactured specifically for athletic, competitive, or off-road use.

        Every manufacturer making an express warranty with respect to an electronic or appliance product described in subdivision (h), (i), (j), or (k) of Section 9801 of the Business and Professions Code, with a wholesale price to the retailer of one hundred dollars ($100) or more, shall make available to service and repair facilities sufficient service literature and functional parts to effect the repair of a product for at least seven years after the date a product model or type was manufactured, regardless of whether the seven-year period exceeds the warranty period for the product

          California Lemon Law 1793.05. Vehicle manufacturers who alter new vehicles into house cars shall, in addition to any new product warranty, assume any warranty responsibility of the original vehicle manufacturer for any and all components of the finished product which are, by virtue of any act of the alterer, no longer covered by the warranty issued by the original vehicle manufacturer.

          California Lemon Law 1793.1.

          • Every manufacturer, distributor, or retailer making express warranties with respect to consumer goods shall fully set forth those warranties in simple and readily understood language, which shall clearly identify the party making the express warranties, and which shall conform to the federal standards for disclosure of warranty terms and conditions set forth in the federal Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (15 U.S.C. Sec.2301 et seq.), and in the regulations of the Federal Trade Commission adopted pursuant to the provisions of that act. If the manufacturer, distributor, or retailer provides a warranty or product registration card or form, or an electronic online warranty or product registration form, to be completed and returned by the consumer, the card or form shall contain statements, each displayed in a clear and conspicuous manner, that do all of the following:
          • Informs the consumer that the card or form is for product registration.
          • Informs the consumer that failure to complete and return the card or form does not diminish his or her warranty rights.

          California Lemon Law 1793.2.

          • Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall:
          • Maintain in this state sufficient service and repair facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of those warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of the warranties.
          • A claim against a person or entity that is not the manufacturer that originally made the express warranty for that manufactured product.

          California Lemon Law 1793.22.

          • This section shall be known and may be cited as the Tanner Consumer Protection Act.
          • For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings:
          • “Nonconformity” means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.

          California Lemon Law 1793.23.

          • The Legislature finds and declares all of the following:
          • That the expansion of state warranty laws covering new and used cars has given important and valuable protection to consumers.

          One of the most important parts of the Magnuson-Moss Warranty Act is its fee shifting provision. This provision provides that you may recover the attorney fees incurred in the prosecution of your case if you are successful ? independent of how much you actually win. That rational behind this fee shifting provision is to twofold: (1) to ensure you will be able to vindicate your rights without having to expend large sums on attorney’s fees and (2) because automobile manufacturers are able to write off all expenses of defense as a legitimate business expense, whereas you, the average consumer, obviously does not have that kind of economic staying power. Most of the Lemon Laws contain similar fee shifting provisions.

          You may also derive additional warranty rights from the Uniform Commercial Code; however, the Code does not allow you in most states to recover your attorney fees and is also not as consumer friendly as the Magnuson-Moss Warranty Act or the various state lemon laws. The narrative information on Magnuson-Moss, UCC and lemon laws on these pages is provided by Marshall Meyers, attorney.

          Uniform Commercial Code Summary

          The Uniform Commercial Code or UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of products. The TARR refers to Tender, Acceptance, Rejection, Revocation and applies to different aspects of the consumer’s “relationship” with the purchased goods.

          TENDER – The tender provisions of the Uniform Commercial Code contained in Section2-601 provide that the buyer is entitled to reject any goods that fail in any respect to conform to the contract. Unfortunately, new cars are often technically complex and their innermost workings are beyond the understanding of the average new car buyer. The buyer, therefore, does not know whether the goods are then conforming.

          ACCEPTANCE – The new car buyer accepts the goods believing and expecting that the manufacturer will repair any problem he has with the goods under the warranty.

          REJECTION –

          The new car buyer may discover a problem with the vehicle within the first few miles of his purchase. This would allow the new car buyer to reject the goods. If the new car buyer discovers a defect in the car within a reasonable time to inspect the vehicle, he may reject the vehicle. This period is not defined. On the one hand, the buyer must be given a reasonable time to inspect and that reasonable time to inspect will be held as an acceptance of the vehicle. The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect.The following is an example of a case of rejection: Mr. Zabriskie purchase a new 1966 Chevrolet Biscayne. After picking up the car on Friday evening, while en route to his home 2.5 miles away, and within 7/10ths of a mile from the dealership, the car stalled and stalled again within 15 feet. Thereafter, the car would only drive in low gear. The buyer rejected the vehicle and stopped payment on his check. The dealer contended that the buyer could not reject the car because he had driven it around the block and that was his reasonable opportunity to inspect. The New Jersey Court said;

          It is suggested that Courts will tend to excuse use by consumers if possible.

          REVOCATION:

          What happens when the consumer has used the new car for a lengthy period of time? This is the typical lemon car case. The UCC provides that a buyer may revoke his acceptance of goods whose non-conformity substantially impairs the value of the goods to him when he has accepted the goods without discovery of a non-conformity because it was difficult to discover or if he was assured that non-conformities would be repaired. Of course, the average new car buyer does not learn of the nonconformity until hundreds of thousands of miles later. And because quality is job one, and manufacturers are competing on the basis of their warranties, the consumer always is assured that any noncomformities he does discover will be remedied. What is a noncomformity substantially impairing the value of the vehicle?

          A noncomformity may include a number of relatively minor defects whose cumulative total adds up to a substantial impairment. This is the “Shake Faith” Doctrine first stated in the Zabrisikie case. “For a majority of people the purchase of a new car is a major investment, rationalized by the peace of mind that flows from its dependability and safety. Once their faith is shaken, the vehicle loses not only its real value in their eyes, but becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension”.

          Additional narrative information on Magnusson-Moss, UCC and lemon laws on these pages is provided by T. Michael Flinn, attorney.

          Article Source: sooperarticles.com/law-articles/california-lemon-law-statutes-171006.html

          About Author:

          This article is originally published here: California Lemon Law Statutes California lemon law attorneys at Krohn & Moss, Ltd, handle California lemon law claims for consumers in California. We stay informed of the latest legal developments to get the best results for your claim. Author: Walker Ozar

          Four killed, dozens injured in southern Thailand bombings

          Monday, May 28, 2007

          Four people were killed and about two dozen injured in a bombing at a crowded market in Saba Yoi, Songkhla Province, Thailand.

          The day before, a series of bombings in Songkhla’s main city Hat Yai injured 13 people. Police are investigating those attacks, which occurred at around 9 p.m. (1400 GMT) on Sunday, when seven coordinated explosions went off at stores, hotels and restaurants in a city that is popular with tourists.

          In Monday’s bombing, the dead were two women and two girls, ages 4 and 8. The bomb, which exploded shortly after 4 p.m. local time (0900 GMT), was hidden in a motorcycle parked in front of the market next to a railway station.

          Authorities have not concluded if the blasts are linked to the ongoing insurgency by Muslim separatists in southern Thailand. The past year has seen an escalation of violence, with almost daily fatal shootings of civilians and frequent ambush attacks on soldiers. Since early 2004, more than 2,200 people have been killed, mainly in the southernmost provinces of Yala, Pattani and Narathiwat. Thailand is predominantly a Buddhist country, but in those three provinces, the majority of residents are Islamic.

          Council for National Security chairman General Sonthi Boonayaratkalin said he believed Sunday night’s bombings were only meant to cause a disturbance. Other officials compared the Hat Yai blasts to the Bangkok New Year’s Eve bombings, which they say were caused to create political tensions, though in those blasts, three people were killed.

          Business analysts believe Sunday night’s bombings will hurt Hat Yai’s tourist trade, which has been struggling since a spate of bombings in 2005, including one that killed two people at Hat Yai International Airport, as well as blasts in a department store and hotel, with about 70 people wounded. In September 2006, four people were killed in a series of bombings in Hat Yai.

          The latest bombings come at a tense time for Thailand. In the nation’s capital, Bangkok, security forces are on alert ahead of a court ruling expected on Wednesday that could lead to the dissolution of the former ruling Thai Rak Thai party and the main opposition Democrat Party. Since a military-led coup d’état last year, in which prime minister and Thai Rak Thai leader Thaksin Shinawatra was ousted, all political activity has been banned by the junta.

          Last week, King Bhumibol Adulyadej made a rare televised address as he granted an audience to the administrative court judges. He urged them to use care in their verdict. “You have the responsibility to prevent the country from collapsing,” he told them.

          Authorities believe supporters of the political parties may cause trouble if they are displeased with the verdict.

          Meanwhile, the nation’s constitution is being rewritten, and Buddhists are demanding that Buddhism be made the national religion, a move that experts believe will lead to an even bigger increase in violence in Muslim-dominated southern Thailand.

           This story has updates See Bomb tossed at southern Thailand hotel; victim of Sunday blast dies 

          [edit]

          Woman finds human finger in bowl of chili at Wendy’s restaurant

          Thursday, March 24, 2005

          San Jose, California — A woman eating a bowl of chili at a Wendy’s restaurant bit into a chewy bit that turned out to be a human finger. She immediately spat it out, warned other patrons to stop eating, and upon recognizing the object as a finger, vomited.

          “I’m more of a Carl’s Jr. person,” the 39-year-old Las Vegas woman, Anna Ayala, told Knight Ridder. She said this incident was her first visit to a Wendy’s restaurant. Ayala described how she found the finger, “Suddenly something crunchy was in my mouth,” she continued, “and I spit it out.”

          According to Devina Cordero, 20, after Ayala found the finger, she ran up to her and Cordero’s boyfriend and said, “Don’t eat it! Look, there’s a human finger in our chili.”

          “We went up to the counter and they told us it was a vegetable,” Cordero continued. “The people from Wendy’s were poking it with a spoon.”

          The restaurant is located at 1405 Monterey Highway, just south of downtown San Jose.

          Wikinews reporter David Vasquez drove his car up to the drive-thru menu and found that chili was still on the menu, at a price of US$1.19 for a small serving. He also witnessed workers unloading supplies from a semi-trailer truck in the restaurant’s parking lot, and carting them into the back door of the establishment.

          According to Ben Gale, director of environmental health for Santa Clara County, the finger did not come from any of the employees at the restaurant. “We asked everybody to show us they have 10 fingers and everything is OK there,” he said. The found portion of the finger likely belonged to a woman because of its long and manicured fingernail, also found in the food.

          Officials seized the food supply at the restaurant and are tracing it back to the manufacturer, where they believe the finger may have gotten mixed in with the raw ingredients used to prepare the chili. The restaurant’s operators were later permitted to re-open after preparing new chili prepared from fresh ingredients.

          As this story was filed, there was no mention of the incident on the Wendy’s corporate web site. Wendy’s issued a statement through a spokesman.

          “Food safety is of utmost importance to us,” said Wendy’s spokesman Joe Desmond. He referred to the incident as an “unsubstantiated claim.”

          “We are cooperating fully with the local police and health departments with their investigation. It’s important not to jump to conclusions. Here at Wendy’s we plan to do right by our customers,” Desmond said.

          According to county health officials, the unfortunate woman who bit into the finger is doing fine, despite her initial reaction. Officials also noted that the finger would have been cooked at a high enough temperature to destroy any viruses.

          The Santa Clara county medical examiner reported that the finger had a solid fingerprint, although investigators did not say if a search of fingerprint databases would be performed to find the owner of the finger.

          This article features first-hand journalism by Wikinews members. See the collaboration page for more details.
          This article features first-hand journalism by Wikinews members. See the collaboration page for more details.

          Climate change impacts Wyoming

          Tuesday, March 18, 2008

          Cheek numbing, eye watering winds whip across the plains of the Laramie Basin, Wyoming. The ground is yellow brown with patches of recalcitrant snow. Sheep Mountain is losing its winter coat. All normal affairs for March. The March edition of the Wyoming Basin Outlook Report also reports, based on February accumulations, that Snow Water Equivalent is at 99% of average.

          The SWE is a measure of the snow pack that feeds the streams, rivers and reservoirs that Wyoming, Nebraska and other states depend upon for water. Current averages are compared to the average SWE for 1971-2000. In recent years, snow pack in this region has been anything but normal.

          The Outlook Reports are issued January to June. Since March 2000, only five of 46 months have been above normal. While many of the winter months have been near normal, June’s snow pack is far below average. Even in 2006, the wettest year of the last eight years, June snow pack was only 37% of the average.

          In an e-mail interview with Wikinews, Lee Hackleman, Water Supply Specialist, said

          The snowpack is melting out several weeks earlier than average. The higher temperatures in the spring are responsible for this. There seems to be a significant drop in the amount of runoff that we are able to retain in our reservoirs, a lot of runoff seems to be soaking into the ground. We do not have the June flood events any more. We use to [sic] be cool then hot, not cool warm then hot.

          In a phone interview with Wikinews, Myra Wilensky of the National Wildlife Federation in nearby Colorado, also commented on changing snow patterns.

          In the west, nothing is ever clockwork, the patterns shift, a good amount of snowfall in the season and then a quick warm up. We don’t get the prolonged snowpack that we used to have. May have a really wet snow year, then really dry with rain.

          Can’t count on getting estimated amount of snow anymore. March and November have historically been our snowiest months, but this year it’s been a fairly dry in March and November. Winter is shorter now.

          This is part of a general increase in temperature in the region. An Intergovernmental Panel on Climate Change cited by the National Wildlife Federation estimates that the temperature will rise almost 7 degrees (F) by 2100.

          This will likely cause most, if not all, of the state’s glaciers to disappear. Wildfires may increase, droughts could get worse and rains–when they do come–will likely come in more severe downpours that may cause more flash flooding. Warmer temperatures also mean less snowpack in the mountains, leading to more winter runoff and reduced summer flows in many Wyoming streams.

          The NWF’s main concern is the fate of the wildlife in the region, particularly how the impact of pine bark beetles. Warmer winters have led to mass infestations in Western lodge pole pine forests and The New York Times reports that they are now moving on to white bark pines in Yellowstone particularly impacting grizzly bears there. In turn, the grizzlies are shifting to feeding on Canadian thistle, an invasive species that might be choking out native plants.

          Changing weather patterns have also affected large migratory animals.

          This year winter came late. When the heavy snows hit, the mule deer and the elk were spread out, had to be fed. Feeding isn’t newsworthy, happened before like in 1982 but it wasn’t as successful this year because they were so spread out.

          Water for people has also become a major issue in the region.

          There is a much greater concern for water rights than there used to be. There is not enough late season water to satisfy everyone all the time.

          Kansas has long fought Wyoming over water rights issues. And Montana is currently suing Wyoming, claiming that the Yellowstone River Compact signed in 1950 gives rights to both surface and ground water, while Wyoming disagrees. On February 18, the Supreme Court agreed to hear the lawsuit.

          Wyoming officials say they are adhering to the compact and that the drought has meant less water for both states.

          But Montana says Wyoming is storing more water in reservoirs than the compact permits and allowing excessive pumping of groundwater reserves that feed into the two rivers.

          Those “groundwater” reserves are tapped by some Wyoming farmers to irrigate their fields. Energy companies discharge large volumes of groundwater during production of coal-bed methane, a type of natural gas prevalent in northern Wyoming.

          Authorities do not see this fight over increasingly limited water resources going away anytime soon.

          Everyone is going to have to learn to get by with less.

          Exclusive report on New Zealand’s digital TV service

          Friday, August 17, 2007

          Wikinews has compiled the views from various politicians on New Zealand’s latest digital television service, Freeview. Those interviewed were Sue Kedgley, Jonathan Coleman, and Steve Maharey, the broadcasting spokespeople for their respective parties; the Green Party of Aotearoa New Zealand, the New Zealand National Party, and the New Zealand Labour Party.

          Freeview, modelled after the United Kingdom‘s Freeview, is competing directly with New Zealand’s only other digital pay TV provider, Sky Network Television. Sky reaches around 44.5% of New Zealand households. However, unlike Sky, Freeview has no on-going subscription fees, and only has a one-off fee for a set-top box and, if needed, a satellite dish.

          The Labour-led Government has provided Freeview with around NZ$25 million over a five-year period to help New Zealand change from the old analogue technology and align itself “as the rest of the world moves to digital television broadcasting,” Mr Maharey said. The funding use is monitored by the Ministry for Culture and Heritage. Dr Coleman also described the same reasons why Freeview was necessary for New Zealand and is supported by the National Party.

          However, Ms Kedgley takes a different approach and describes the Freeview service as “a belated and inadequate response to the digital challenge”, but does state that digital TV is the “growth area.” She also said that the Government is now trying to catch up after they scrapped TVNZ’s (Television New Zealand) digital plan, which she describes as far more ambitious.

          National, despite being supportive of Freeview, think that the Government has not done a good job with Freeview, describing it as a “white elephant“. Firstly because Dr Coleman says there isn’t enough good programming currently available to get people interested in switching, and, secondly, there hasn’t been a definite date when analogue transmission will be cut off.

          Mr Maharey said that the Government is engaging various broadcasters and interested parties to get a definite analogue switch off date, and talk about other various regulatory factors. He expects the date to be within the next six to ten years.

          While the Greens do welcome the new government-funded TVNZ channels, a news and current affairs channel and a family-related channel (TVNZ 7 and TVNZ 6 respectively), “The whole exercise however, smacks of too little, too late.” They also say that the amount of funding allocated to new programming cannot pose a threat to Sky. But do support “packaging and marketing […] existing TVNZ content on the emerging digital platforms.” MediaWorks, which runs TV3 and C4, will announce their two new channels in around 18-months. And Triangle TV will add their own channel, Stratos TV, in October, 2007.

          National are questioning Mr Maharey why he hadn’t released the viewer number figures. Dr Coleman said that Mr Maharey was trying to distance himself away from the “reality” of what was going on. So Wikinews requested, under the Official Information Act, the amount of set-top boxes sold. The request was denied as Freeview was to release the information themselves in a months time. On August 13 the figures were released, with a total over 21,000. General Manager Steve Browning said that “we’re tracking well ahead of forecast”. Mr Maharey concurred with what Mr Browning said, saying it exceeds their first year expectations.

          Ms Kedgley, Dr Coleman, and Mr Maharey all say that they don’t have Freeview, nor know anyone who has the service. Though, Mr Maharey will consider getting it when more channels and the 2008 terrestrial service is launched in eight major New Zealand cities.

          MuchMusic Video Awards this Sunday in Toronto, Canada; Wikinews will be there

          This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.

          Wednesday, June 13, 2007

          Wikinews will be attending The 2007 MuchMusic Video Awards this weekend, a popular annual event in Toronto, Ontario, Canada. True stars will be out to play, present, and else wise schmooze at the CHUM-City Building just above the city’s Entertainment District in the Queen Street West neighbourhood.

          MuchMusic is the most popular music channel in Canada, and has been holding the event since 1990. Roughly 6000 fans line the streets surrounding Much headquarters each year, and 1200 more score “the wristband” and enjoy a free festival-style show in the parking lot, watching four outdoor performance areas spread out in the downtown location. New this year is a special roof-top stage, on the top of the building.

          Last year’s show reached 3.5 million viewers in Canada and 100 million around the globe, with broadcasts in 65 countries.

          Performing at the show will be Avril Lavigne, Fergie, Billy Talent, Hilary Duff, Alexisonfire, Maroon 5, Belly, The Used, and Finger Eleven.

          On stage presenting will be Nickelback, Jay Manuel (Canada’s Next Top Model, America’s Next Top Model), Tara Reid (American Pie, this fall’s Land of Canaan), Joss Stone, Sum 41, Amber Tamblyn (Joan of Arcadia, Grudge 2), Hedley, Chris Bosh (Toronto Raptors), Sean Avery (New York Rangers), George, Sam Roberts, Emilie de Ravin (LOST), Marianas Trench, and Kardinal Offishall.

          Photographer Robin Wong will be photographing the red carpet of the MMVAs for Wikinews and Wikipedia. He first helped the sites in April of this year, photographing Hilary Duff at MuchMusic. Wong’s extensive client list includes Fidelty Investments, Flare Magazine, Masterfile, First Light, Fashion Television, FCB Canada, Profit Magazine, Financial Post, and Publicis. His works have appeared in the 2004 and 2005 Applied Arts Awards Annual, the top publication for the creative industry.

          Contents

          • 1 Still open for voting
          • 2 FLICK OFF at Gift Lounge
          • 3 See also
          • 4 Sources
          • 5 External links

          Canupa Gluha Mani speaks about Lakota Oyate, Lakota freedom

          Wednesday, January 9, 2008

          It’s now been three weeks since the four-person Lakota Freedom Delegation declared that the Lakota people were withdrawing from their treaties with the United States and, though small, the movement still proves controversial: two U.S.-recognized Lakota tribal governments have rejected the Delegation’s authority outright with at least one tribe stating it will consider the Delegation’s, now Lakota Oyate’s, proposal. The rest of the tribes have remained silent.

          The central figure the movement has been Canupa Gluha Mani, a longtime activist whose tactics have led repeatedly to his arrest and imprisonment — most recently in June 2007, when Canupa Gluha Mani was one of six arrested who participated in blockading a road in Nebraska to keep outside alcohol from entering his dry reservation where it is banned. Wikinews talked to Canupa Gluha Mani about the movement and Lakota Oyate in an exclusive interview. File:Canupa Gluha Mani sings.jpg

          Also called Duane Martin Sr, Canupa Gluha Mani prefers to be referred to as just that, “Canupa Gluha Mani”; it means “He walks as he protects the pipe”, though much of the meaning is lost in translation between English and the delicately-nuanced Lakota language. Canupa Gluha Mani prefers to speak in this, his native tongue — he “hates” that the English language has become the everyday language of the Lakota, and decries the extinction of many indigenous American languages — but uses English fluently and earthily.

          Canupa Gluha Mani talked about the Cante Tenza, the Strong Heart Warrior Society, which he heads and which forms the paramilitary force of Lakotah. The society, an okolakiciye or warrior society, originated in the Black Hills. He told the following story: Four warriors in the hills ran across a coyote and gave it chase. And as the coyote ran he turned into a Lakota man, and in his changing the man left four objects: a rattle, a drum, a lance, and a tomahawk with which the Lakota people could be defended. Canupa Gluha Mani is a warrior leader, and his position with relation to the treaty council which traditionally governs the Lakota is “whip-man”, loosely “sergeant at arms” — that is, he enforces order and decorum when passions grow heated during tribal discussions.

          The authority of the Lakota Freedom Delegation, he says, comes not from the BIA-recognized governments but rather from the “people who understand treaties”, i.e. the treaty council, from among the Seven Sister Bands of the Lakota. This traditional government is based on the idea of “staying quiet and listening to the people who have answers”, the “itacans” or expert headmen.

          Canupa Gluha Mani also endorsed Naomi Archer, who has acted as Lakota Oyate’s liaison; indeed, as the Lakota Freedom Delegation prepared its trip to Washington DC he called in Naomi Archer, who though of non-native extraction is his adopted sister and a fellow Cante Tenza member, to handle media support. “I support the understandings of what she’s saying”, he said, referring to a previous interview with Archer which revealed an apparent split between Russell Means and other members of the Lakota Freedom Delegation. “She as an individual has integrity.” However, the previous interview missed nuances and the perceived gap between Lakota Oyate and Russell Means’ Republic of Lakota is not so great. “There’s no division here….it’s communication, that’s all. We can always get past this.”

          With regard to Russell Means, who has declared himself Chief Facilitator of the Republic of Lakotah, he said, “I’ve worked with my uncle Russell Means in positive venues. And I’m still behind him, I have love for him;” He emphasized the familial bond between himelf and Means, noting that Means had adopted him as a nephew. However, “the Lakota have to be recognized.” It was “genocide”, he said, that of all the races of humanity, American Indians are not represented at the United Nations.

          On the subject of Lakota activist Alfred Bone Shirt, who organized the Lakota Oyate’s first freedom celebration and information meeting on Saturday, 5 January but has since made comments attacking the legitimacy of Canupa Gluha Mani, Naomi Archer and Lakota Oyate, Canupa Gluha Mani had this to say. “I have nothing to do with Mr Bone Shirt, nothing against him”. He also noted that Lakota Oyate had respected Bone Shirt’s call to take down invitations for donations, but expressed a wish that Mr Bone Shirt would make the same call to any other website inviting donations to Lakotah.

          The traditional decision making process within the Lakota, he said, was informal discussions among the women of the Lakota rather than pronouncements and declarations. Ideas like western forms of government — referencing the “Republic” — and the use of the English language were part of the reason for both the misunderstanding of the dispute between Russell Means and Canupa Gluha Mani and the Lakota’s problems: “It’s hard for Indian people to adapt to this modern lifestyle….It’s white teaching that cause Indian problem….leave us alone….This country has not learned a thing about its own First Nations people.”

          US governing of Lakota has led directly to the economic and social decline of the Lakotah people, he argues. Canupa Gluha Mani noted that the life expectancy for Lakota men is only 44, and that alcohol and drug use are epidemic, as are infectious diseases such as tuberculosis. But revival of the Lakota has to be not just economic to improve the circumstances of the people, but cultural too: “Our language is at stake right now” but the US government-backed institutions like the Tribal Police are just “the second coming of the white man’s cavalry”.

          Canupa Gluha Mani is on record as saying in a previous interview that “we’ll probably get killed for” withdrawing from the United States. Now, he is tight-lipped on the future, and when asked about the possibility of a confrontation with the US will only say that “anything’s plausible.”

          And if the United States government leaves the Lakota alone? “Then we can take our practices forward in good will.” Canupa Gluha Mani, who is married to a woman of European descent, says that the traditional American Indian lifestyle can coexist with the western lifestyle, but “every wound has to heal”. “We can be self-sufficient. We can govern ourselves.” Having withdrawn from the outstanding treaties with the United States, will Lakota Oyate make a new arrangement with Washington? “That has yet to be exonerated.” Lakotah continues to seek international recognition; although no country has declared recognition for Lakotah, he is “confident with the Bolivians” and also noted a positive response from the “Bulgarian freedom fighters” pressuring the US to recognize Lakota independence.

          Canupa Gluha Mani then addressed the Lakota people directly. “What needs to get out there is, I love my people….This is your dream come true. That’s what the symbolic meaning of Lakotah is. It’s called freedom. Hoka hay.

          Sevilla signs Sirigu on loan from Paris SG

          Monday, August 29, 2016

          On Friday, French capital football club Paris Saint-Getmain announced they loaned Italian goalkeeper Salvatore Sirigu to Spanish club Sevilla F.C. till the season end.

          29-year-old Sirigu started his career in Italy and joined the Parisians five years ago, in 2011. After playing 60 Serie A matches from 2009 to 2011, Sirigu became the first-choice goalkeeper at PSG for four years, playing 145 matches.

          In five seasons at Parc des Princes, Sirigu has won four consecutive Ligue 1 titles, three Trophée des Champions, three Coupe de la Ligue, and two Coupe de France. Sirigu has played seventeen international matches, debuting in 2010.

          Last season, German goalkeeper Kevin Trapp joined PSG and became their first-choice keeper. Lacking playing time with PSG, Sirigu signed the contract with Sevilla on Friday, after passing the medical tests hours before.

          Per the agreement between the clubs, PSG has not included an option for Sevilla to buy the player.

          Murray Hill on the life and versatility of a New York drag king

          Monday, November 19, 2007

          Drag—dressing in the clothing atypical of your born gender—in recent years has found mainstream success. Films such as Priscilla, Queen of the Desert, Midnight in the Garden of Good and Evil and To Wong Foo, Thanks for Everything! Julie Newmar have prominently featured drag performers. But they have all focused on men in drag as women.

          Murray Hill is a comedian, emcee and performer. He is also a drag king. Called “The Hardest Working Middle-aged Man in Show Business”, The New York Times christened him “the current reigning patriarch of the downtown performance community.” He is seemingly everywhere, emceeing a bingo night at the now closed, Jimmy Fallon-backed Mo Pitkins’ House of Satisfaction on Avenue A, or hosting the Polyamorous Pride Day in Central Park. Hill has become a legend in New York’s “anything goes” counterculture theater scene who is beginning to find mainstream success; which would be a first for a drag king.

          David Shankbone’s examination of New York City‘s culture has brought him to the whip’s end of a BDSM dungeon, on the phone with RuPaul, matching wits with Michael Musto, grilling Gay Talese, eating dinner with Augusten Burroughs and quizzing the bands that play the Bowery Ballroom. In this segment he talks to downtown legend Murray Hill, former New York City mayoral candidate and comedian, on the last night of Mo Pitkins’ House of Satisfaction.

          Contents

          • 1 Murray Hill the performer
          • 2 Murray Hill the person
          • 3 Drag as performance art for women
          • 4 The gay community and drag artists
          • 5 Drag queens and drag kings: the differences
          • 6 The direction of New York downtown culture
          • 7 Sources