text:
[HISTORY: Adopted by the City Council of the City of Monessen 2-16-2011 by Ord. No. 2-2011.[1] Amendments noted where applicable.
Alcoholic beverages — See Ch. 122.
Bicycles — See Ch. 141.
Firearms and weapons — See Ch. 213.
Fireworks — See Ch. 227.
Loitering — See Ch. 259.
Subdivision and land development — See Ch. 345.
Trees — See Ch. 356.
Zoning — See Ch. 375.
Editor's Note: This ordinance also superseded former Ch. 275, Parks and Recreation, comprised of Art. I Shelters, adopted 4-13-1983 by Ord. No. 3-1983, as amended; and Art. II, Rules and Regulations, adopted 5-18-1988 by Ord. No. 4-1988, as amended.
Except where the context clearly indicates otherwise, the following terms as used in this chapter shall have the following meanings:
- Any lands or facilities owned or leased by the City of Monessen and designated or used by the City of Monessen.
- Any police officer of the City of Monessen and any employees appointed as a special police officer for the purpose of the enforcement of law and order.
- Any written authorization issued by or under the authority of the City of Monessen permitting specified privileges within the parks of the City or upon City-owned real property.
- Any natural person.
- Any man-made object having an ascertainable stationary location, whether or not affixed to the land, including, but not limited to, buildings, sheds, shelters, barriers, fences or walls, and signs.
In the interpretation of the provisions of this chapter, the following rules of construction shall apply:
Any term in the singular shall include the plural.
Any term in the masculine shall include the feminine and neuter.
Any requirement or provision of these rules and regulations relating to any act shall extend to and include the causing, procuring, aiding or abetting, directly or indirectly, of such act, and the permitting or allowing of any minor in the custody of any person to do any act prohibited by any provision herein.
No provision herein shall make unlawful any act necessarily performed by any police officer or employee of the City in the line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any agreement with the City.
Any act otherwise prohibited by rules and regulations, provided that it is not otherwise prohibited by law or local ordinance, shall be lawful if performed in compliance with the provisions of a duly issued permit.
These rules and regulations are in addition to and supplement all state and federal laws. No provision of this chapter is intended to conflict with any state or federal law. In that event, the state or federal law shall control.
The following recreational activities, within the parks of the City, are regulated as follows:
Hunting, trapping and firearms are prohibited. No person shall hunt, trap, carry, bring into and/or discharge any type of gun, pistol, revolver, air gun, bow and arrow, slingshot or any other weapon in which the propelling force is gunpowder, a spring or air, except in the event that a permit for such activity has been duly issued by the City; nor shall any person shoot into the park from beyond its boundaries. Any weapon or object carried or used by any person in violation of these rules shall be subject to seizure by the appropriate authority or its agents and disposed of according to law.
Fireworks. No person shall fire, discharge, set off, explode, bring into, or possess any rocket, firecracker, torpedo, missile or any other firework or other type of fireworks or any substance of any explosive nature within any park or on any City-owned property unless authorized by a duly issued permit. Further, no fireworks shall be discharged unless done in compliance with the City's Fireworks Ordinance.[1]
Knives, hatchets, and axes. Possession of any type of knife, hatchet or ax by any person for any purpose is prohibited other than implements appropriately possessed and used for picnicking.
Horses and horseback riding. No person shall ride or walk a horse in any area except along roadway shoulders or specifically designated areas or trails. Horses shall be thoroughly broken and properly restrained and ridden with care, and shall not be allowed to graze or go unattended, nor shall they be hitched or tied to any rock, tree or plant.
Camping. No person shall camp in any park of the City or on any City-owned property at any time without having first obtained a duly issued permit from the City.
Golf and golfing. No person shall drive, putt, practice or play golf in any manner without written permission from the City.
Power-driven models. No person shall bring into, or operate within any park of the City, any type of power-driven model without written permission from the City. When permitted, such models shall not be operated outside the designated areas.
Balloons, airplanes and parachutes. No person shall make any ascent in any balloon or airplane or any descent in or from any balloon, airplane or parachute into a park unless authorized by the City.
Horseshoes. No person shall play horseshoes in any area other than those courts provided for that purpose. Special permission must be obtained from the City to erect horseshoe facilities in any other area.
Games and gaming equipment. No person shall organize, conduct, promote or participate in any game or activity in any area of a park in the City that will unreasonably interfere with or detract from the public health, welfare, safety and recreational enjoyment of others. No person shall erect any equipment that requires digging or installation nor shall any equipment that requires pipe standards of more than 1/2 inch in diameter be erected in any area.
Roller-skating. No person shall roller-skate in any park of the City:
Picnicking. City officials and employees shall have the authority to regulate picnicking activities in such area when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any and all direction given to achieve this end.
Availability of picnic areas. The use of individual fireplaces, fire rings, grills, tables and shelters follows the rule of "first come, first served" unless reserved by special permits as described in this chapter.
Duties of picnickers. No person shall vacate a picnic area before the fire or hot coals are completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles, where provided. If no such trash receptacles are available, then all refuse and trash shall be carried out of the park by the picnicker to be properly disposed of elsewhere. No person shall move any tables from any area without the authorization of the City or its authorized agent. No person shall place on any table any cooking device, whether operated by gas, electric, chemicals or charcoal, for the purpose of cooking or providing heat or light. No person shall staple, nail, screw, or use any metal fasteners to affix any table covering to any table. No person shall attach in any manner to any pier, rafters or any other supports, any type of electrical or any other device for the purpose of audio or visual assistance or for cooking or heating without prior written permission from the City. No person shall use any electrical devices which require a power source in excess of that provided in the park. No person shall use any portion of any picnic areas or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, except when such areas or facilities are reserved through special permit, nor shall any person use such areas or facilities under general conditions for an unreasonable length of time if the facilities are crowded.
The following rules shall apply to all persons using and present in the parks of the City, and upon City-owned real property:
Animals. It shall be unlawful for owners or guardians of domesticated animals to bring or permit the same to be present within any park or upon City-owned real property without being controlled by a leash no more than six feet long. No person shall bring any dangerous animal onto any City-owned property.
Controlled substances, drugs and devices. It shall be unlawful for any person to possess, transport, solicit, offer for sale or use any controlled substance, drug or device in violation of Act 64, the Controlled Substance, Drug, Device and Cosmetic Act,[1] or any related law. No person shall enter or remain in any park of the City or City-owned real property while under the influence of any controlled substance or drug prohibited by the Controlled Substance, Drug, Device and Cosmetic Act, unless such person is present for appropriately licensed medical, rehabilitative or therapeutic treatment. No person shall possess drug paraphernalia prohibited by the Controlled Substance, Drug, Device and Cosmetic Act in any park of the City or upon City-owned real property other than law enforcement personnel in the course and scope of their official duties.
Editor's Note: See 35 P.S. § 780-101 et seq.
Maintenance and storage areas. No person shall enter into or attempt to enter into any maintenance and storage area without permission of the City and without adequate supervision.
Games of chance. No person shall gamble, participate in or abet any game of chance, unless previously approved in writing by the City after application, and pursuant to a duly issued permit under the law of the commonwealth.
Solicitation. No person shall solicit contributions of money, present goods, or anything of value, for any purpose, whether public or private.
Dress. No person shall dress or undress at any area or in any vehicle, rest room, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.
Fires. No person shall build or attempt to build or start fires except in picnic areas, facilities and at certain winter recreational areas when open and under supervision. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other flammable materials, whether solid, liquid or gaseous, within the park area or on any highway, road or street abutting or contiguous thereto, nor leave any fire, grill or stove unattended when in operation in the park.
Closed area. No person shall enter into, or attempt to enter into, any area which is locked or posted "closed" or "do not enter."
Exhibit permits. No person shall fail to produce and exhibit any permit from the City upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any rule, regulation or ordinance.
Interference with permits. No person shall disturb and interfere unreasonably with any person participating in any activity or party occupying any area under the authority of a City-issued permit.
Behavior. No person shall engage in any of the following conduct in parks of the City or upon City-owned real property:
Assault, hinder, harass, intimidate, threaten or obstruct any person, agent or agencies in the enforcement of this chapter or while conducting official City business.
Disturb the peace or use profane, indecent or obscene language.
Engage in conduct which endangers the safety or health of any person.
Violate any rule of this chapter.
Prevent any person from using any park or park facilities or interfere with such use if in compliance with this chapter and the rules and regulations applicable to such use.
Act in an unlawful, disorderly or disruptive manner.
Commit any unnatural or violent act against any person, properties or facilities.
Throw, discharge or cause to be discharged any missiles or projectiles.
Bottles. No bottled beverages or glass containers are permitted.
Minors. No person under the age of 21 shall possess, transport or consume alcoholic beverages. No person shall provide, furnish or knowingly permit any person under the age of 21 to possess, consume or transport alcoholic beverages.
Smoking is prohibited in the parks of the City and upon City-owned real property, except in those areas specifically designated by signage indicating that smoking is permitted.
Signs shall be posted at or near the parks' entrances and at various places within the parks to provide reasonable notice that smoking is prohibited.
Any person who persists in smoking in violation of this chapter after an oral or written warning to cease smoking may be prosecuted for violating this chapter. The nonpresence of signs, or the failure of an individual to note or heed signs shall not excuse an individual who continues to smoke after a warning.
No person except those authorized by the City shall, in any park of the City, or on any City-owned real property:
Vending and peddling. Expose or offer for sale or trade any article, thing, food, beverage or service, nor shall any person station or place any stand, cart or vehicle for the transportation, sale, trade or display of any such article, thing, food, beverage, or service, except pursuant to the issuance of a permit by the City as provided by ordinance.
Advertising. Announce, advertise or call public attention to in any manner any article, thing, food, beverage or service for sale, trade or hire, except pursuant to the issuance of a permit by the City provided for by City ordinance.
Signs. Paste, tie, glue, tack, post, fasten, paint, write, draw, carve or otherwise affix any placard, bill, notice, sign, advertisement or any inscription whatever upon any structure, tree, stone, fence, building, property or thing or enclosure within any park in the City or on highways or roads adjacent to or running through the park, except that the City may place informational signs within such areas.
Subsections B and C of this section shall not preclude the erection of sponsor advertising signs at Columbus Park, Shawnee Park, City Park, and the Zajack Soccer Field when:
Such signs have been erected by a youth athletic league duly recognized by the City;
The signs are erected no earlier than one week before the league season and are removed no later than one week after the season's conclusion;
Council approves the league's request, which shall detail the league's name, its officers with contact information, approximate number of signs and proposed locations, dates and the league's season, and a prototype of the signs to be displayed.
The parks of the City shall be open to the public from the hours of dawn to 9:00 p.m. unless different hours are designated or special permission has been granted by the City.
Applications. A person seeking issuance of a permit to reserve a shelter or an area of a park of the City for a specific use, and for a specific time or times, shall file an application with the office of the City Treasurer, Monessen Municipal Complex, Eastgate 8, Fourth Floor, Monessen, Pennsylvania.
A person who applies for a permit to reserve shelter facilities shall designate upon the permit application whether alcoholic, malt or brewed beverages will be served, provided or consumed at the event for which the permit is sought.
The following fees shall apply to obtain a permit reserving a picnic shelter within a park of the City:
A person who is a Monessen resident shall pay a fee of $100;
A person who is not a Monessen resident shall pay a fee of $125;
A person who applies for a reservation permit for shelter facilities shall pay, in addition to the rental fee, a fee of $50 if alcoholic, malt or brewed beverages are to be served, provided or consumed at the event for which the shelter is reserved. The purpose of the fifty-dollar beverage fee is to offset the additional cost to the City in cleaning and maintaining the shelter after events at which alcoholic, malt or brewed beverages have been served or consumed.
Council shall hereafter be authorized to modify any permit fees under this chapter by resolution.
Standard for issuance.
The City Treasurer shall issue permits hereunder when it is found that:
The proposed activity or uses of the shelter and surrounding area will not unreasonably interfere with or detract from the ability of the general public to use and enjoy the park.
The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
The proposed activity or use is not reasonably anticipated to involve or incite violence, criminal conduct or disorderly conduct.
The proposed activity will not cause the City to incur unusual, unreasonable or burdensome expense or require unreasonable or excessive police patrol, monitoring or presence.
The facilities desired have not been reserved for other use at the day and hour required in the application.
Any applicant aggrieved by the decision of the City Clerk shall have the right to appeal in writing to the City Council, whose decision shall be final.
The City Treasurer, in his discretion, may forward requests for park use to the Mayor and Council for consideration and action when the request involves a nonroutine activity, an area of the park not routinely subject to reservation, or the use of an area at a nonroutine time of day or for an extended time period.
Exhibit permits. No person shall fail to produce and exhibit any permit from the City he claims to have, upon request of any authorized person who requests to inspect the same for the purpose of enforcing compliance with any rule in this chapter.
Effect of permit. A permittee shall be bound by all park rules and regulations and applicable ordinances of the City as though the same were inserted in the permit.
Liability of permittee. Where appropriate and legally warranted, the City shall hold responsible and liable the person or persons to whom a permit is issued or other responsible person, for any loss, damage or injuries sustained by the City or by any person or persons by reason of the negligent, reckless or intentional conduct of the person or persons to whom such permit shall have been issued, or whose negligent, reckless or intentional conduct has been the cause of such loss, damage or injury. Further, the City may, where appropriate and legally warranted, seek reimbursement or contribution from the permittee or other responsible person for any costs and expense, including court fees, costs and attorney's fees, incurred by the City arising from the conduct of the permittee or other responsible person.
[Amended 1-15-2014 by Ord. No. 1-2014]
Revocation. The City Treasurer, Council or the Chief of Police shall have the authority to revoke a permit upon finding a violation of any rule or upon good cause shown.
Permits in use. No refunds of a shelter reservation fee will be issued because of failure to use the permit issued or because of revocation of a permit.
Reserved facilities. Use reserved facilities in any manner which may deviate from the following rules governing such facilities:
No grant or permission to use the park or facilities shall carry with it the right to exclude City officials or their representatives from the property or facilities of the park when they are on official business. Any member of these agencies or any of their representatives shall have full and free access at all times to any part of any property or facility when on official business or when such access does not infringe upon the privileges of those people already using said facilities. The City will not divest itself of the right to exclusive control over the property or facilities at any time.
Permission to use specified property, facilities or structure does not carry with it any right to use supplies, apparatus, tools, etc., not definitely covered in the permit.
Unless special permission has been granted, all activities shall terminate no later than 9:00 p.m.
Games of chance or solicitation shall not be permitted unless written permission has been granted by the City.
The party or parties reserving any property or facilities shall relinquish their rights to the use of the property or facilities when deemed necessary by the City.
The use of park property or facilities for City purposes shall have priority over any other application.
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in any application.
The City of Monessen and its duly designated agents and employees, primarily the police, shall administer the provisions of this chapter. In the event that Council or the Chief of Police shall determine that acts or conduct of individuals or groups are in violation of this chapter or rules and regulations promulgated by the authority of this chapter or other ordinances of the City or the statutes of the commonwealth, or when such acts or conduct endangers other people, private or public property or when such acts are deemed to be disruptive to the surrounding neighborhood, the police shall have the authority to cause such acts to be terminated or to expel the perpetrators of such acts from the area, to arrest and detain such individual or individuals or to file a complaint or issue a citation for the violation of this chapter with a Magisterial District Judge.
Any person violating any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding before any Magisterial District Judge having jurisdiction of such offense, be sentenced to pay a fine of not more than $1,000 or to undergo imprisonment not exceeding 90 days, or both. Where such violator has removed, destroyed, damaged, defaced or befouled City-owned property, whether real or personal, or the contents thereof, the cost of maintenance, repair or replacement shall be charged to such person or group as restitution, in addition to any fine. The City may deny further use of City property and park facilities to violators of this chapter in addition to the imposition of fines, imprisonment or costs.
No person, corporation, organization of persons, company, association, partnership or entity, except those authorized by the City, shall on any City-owned real property:
Disfigurement, defacement and removal. No person shall mark, deface, disfigure, injure, disturb, displace or remove, befoul, destroy or cause to be destroyed any building, bridges, tables, benches, fireplaces, railing, paving or paving materials, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, surveying lines, surveying monuments or other boundary makers or other structures or equipment, facilities or City-owned property or appurtenances whatsoever, either real or personal.
Remove natural resources. No person shall dig or remove any soil, rock, stones, trees, shrubs or plantings, downed timber or other wood or materials or make any excavations by tool, equipment, blasting or other means or agency unless written permission has been granted by the City.
Erect structures. No person all construct or erect any structure whether temporary or permanent in character, run or string any public service utility or private energy supply into, upon or across such lands or waters, except on special written permission issued hereunder.
Disturb trees, shrubbery and landscape. No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers, leaves or seeds of any trees or plants. Nor shall any person attach any rope, wire or other device or connector to any tree or plant. No person shall dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area unless authorized by City Council, the Director of Parks and Public Property, or the City Administrator.
Pollute waters. No person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, drainage ditch or any tributary, stream, storm sewer or drain any substance, matter or thing, liquid, solid or gas, which will or may result in the pollution of said waters.
Deposit refuse and trash. No person shall have brought in or shall dump, deposit, discard or leave any broken glass, ashes, paper, boxes, cans, cups, glasses, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any drainage ditch or contiguous to any park or City-owned real property or left anywhere on the grounds thereof, but shall be placed in the proper receptacles. If receptacles are not provided, all such rubbish or waste shall be carried away from the property by the person responsible for its presence and properly disposed of elsewhere.
Spill deleterious substance. No person shall pour or cause to spill or permit to escape or otherwise discharge any oil, gasoline, salt, acid or other deleterious substance, whether liquid, solid or gaseous.
Human excretion. No person shall emit, eject, discharge or cause to be deposited any excreta except in the proper receptacles designated for such purposes.
Disturb wildlife and other animals. No person shall kill, injure, trap, hunt, pursue, torture or in any manner deliberately disturb or cause to be disturbed any wild or domesticated bird or animal within any park.
Graze animals. No person shall permit the grazing of any animals on any City-owned real property.
The Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq., and all administrative regulations promulgated thereunder are hereby declared to be in effect in all parks in the City, on all City roads and driveways therein, and on all City-owned real property.
The traffic rules and regulations set forth in this chapter are in addition to and shall supplement the Vehicle Code. No person, except those expressly authorized by the City, on any City-owned real property shall fail to obey the lawful orders or City employees, posted speed limits and other vehicle traffic control signs, by persons authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets, roads and other City-owned real property and regulations promulgated by Council.
Failure to use due care in vehicle operation. No person shall operate a vehicle in a negligent, careless or reckless manner that may cause an accident or injury to those in the area or to those operating or riding as passengers in or on such vehicles, or cause damage to City-owned real or personal property, or the private, personal property of those lawfully on City real property. No vehicle may be driven on any area except the paved roads or parking areas or such other areas as may on occasion be specifically designated as temporary roads or parking areas by the City.
Continuous cruising. No person shall continuously cruise or ride in or on any motor vehicle in, through or around the park or City-owned real property.
Restricted parking. No person shall park any vehicle in other than an established or designated parking area, and such use shall be in accordance with any posted directions there or in accordance with any instructions of any attendant who may be present. Parking in places contrary to posted regulations or to an attendant's direction is prohibited, and such vehicles may be removed by the City or agencies authorized by the City at the owner's expense. No person shall park a vehicle on any road shoulders or berms that have less than a width of eight feet or those shoulders or berms which do not permit a vehicle to pull completely off the traveled roadways. All wheels of any vehicle must be off the main traveled roadway.
Restricted commercial traffic. No person shall operate a commercial vehicle other than those necessary to service the park, except when special written permission has been granted by the City.
Recreational vehicles and trailers. No person shall operate or ride a snowmobile, trail bike, minibike or any other recreational vehicle in other than an established or designated trail, road or area for that purpose. No person shall park a recreational vehicle, trailer or any wagon or buggy in any area other than are established or designated for that purpose. No person shall operate any snowmobile or any recreational vehicle in a negligent, careless, or reckless manner that may cause an accident or injury to those operating or riding as passengers in or on such vehicles or to any other persons in the area, or which may damage real or personal property of the City.
[Amended 1-15-2014 by Ord. No. 1-2014]
Unicycles, bicycles and tricycles. No person shall operate or ride a unicycle, bicycle or tricycle on other than a trail or designated area for that purpose, except that such vehicles shall be permitted on motorized roads and parking lots. A person shall be permitted to wheel or push a unicycle, bicycle or tricycle by hand over any turf area, trail or on a paved area reserved for pedestrian use. No person shall leave a unicycle, bicycle or tricycle lying on the ground or paving or set against trees or shrubs or in any place or position where other persons may trip over, walk into or be injured by them. No person shall leave a unicycle, bicycle or tricycle at a place other than a rack for parking when such is provided and there is space available. No person shall carry another person upon the frame or handlebars of any bicycle or tricycle.
Council is hereby authorized from time to time to expand and augment the rules and regulations by resolution.


text:
It looks like a release date has come for mobile phones which use the Ubuntu operating system.
Mark Shuttleworth, founder and CEO of Canonical said the phones should be in the shops by October. Application developers will have access to the smaartphone operating system, which is optimised for the Galaxy Nexus handset manufactured by Samsung Electronics in late February. Shuttleworth seemed to be talking a lot about having Windows-based apps streamed to them from corporate servers which means users could access all manner of corporate data through a single, pocket-sized device.
Windows, iOS and Google 's Android, are at least slightly different versions of the same operating systems running tablets or PCs, and those differences often mean the same data can't run on all three form factors, he said. The other problem it might have is that while it makes sense for a business to adopt Ubuntu smart phones, BYOD users are probably going to want something more marketed to consumers, like something from Samsung and Apple.
Mr. Shuttleworth said the new phone operating system will be available in two large geographic markets in October, and while he didn't commit to North America being one of those, he said North America is "absolutely a key market for Ubuntu." He said the operating system has drawn interest from carriers as well, many of which are eager to break up the smartphone market hegemony of Apple and Google. Shuttleworth declined to identify carrier or handset partners.

subset: commoncrawl


text:
Amarillo is my favorite flavor hop in IPA's and APA's. It's also has a great citrus aroma. I like it with Simcoe (enjoying one while I type). I've used it with Columbus, Cascade, Centennial, and Chinook with good results as well. It will go nice with Centennial, but to get a nice sense of the flavor maybe try bittering with Magnum and use the Amarillo for flavor and aroma additions.
Can you even find Amarillo? I havent been able to find any online or in stores until I wandered into a LHBS in a neighboring state that somehow had 36 oz of pellets. I bought them all!
I've always wanted to use it in an "American Bitter", basically building an ordinary bitter wort with Amarillo instead of EKG.
What does Amarillo go well with?


text:
U.S. government lawyer says Mark Cuban's drive to win led him to cheat
DALLAS >> A government lawyer says the drive to win that helps Mark Cuban succeed in business led the billionaire basketball owner to cheat by using insider information to sell stock in an Internet company.
"Mark Cuban violated the law, and he knew better," Securities and Exchange Commission lawyer Jan Folena said Tuesday during opening statements to jurors at Cuban's insider-trading trial.
One of Cuban's lawyers said that the SEC's chief witness was lying, and portrayed the case as government overreach.
Cuban "is going to stand up to them when they call him a liar, he's going to stand up to them when they call him a cheat," said the lawyer, Thomas Melsheimer. The government, he said, "can't prove a lick" of its case.
It's a civil lawsuit; Cuban is not charged with a crime. The SEC wants Cuban, the owner of the Dallas Mavericks and a regular on the ABC reality show "Shark Tank," to give up $750,000 he saved from selling his shares, plus pay a penalty that could be two or three times that amount.
The SEC alleges that Cuban promised not to trade on information he learned in 2004 from the CEO of Mamma.com, a Canadian search-engine company of which Cuban owned 6 percent of all shares. The company planned a stock offering that would reduce the value of existing shares. Cuban broke his vow and sold, the agency says.
Folena said Cuban should have waited to sell his shares until the company publicly announced the stock offering so that he wouldn't take advantage of other investors. But he couldn't do that, she said, "because in his mind, that's losing, and Mark Cuban is a winner."
Melsheimer said that the Internet billionaire neither promised to keep the information confidential nor to refrain from trading. He said the company's CEO made up comments that he attributed to Cuban.
"Mark Cuban didn't deceive Mamma.com, he didn't deceive anyone," Melsheimer said. "He did exactly what he said he would do" — sold his shares.
Melsheimer said there wasn't even anything secret about the Mamma.com stock offering. Speculation was so pervasive that it showed up on Yahoo chat sites and caused trading volume in the shares to spike. He said Cuban was upset with the company for other reasons, including an investigation into alleged ties with a stock swindler.
Testimony began late Tuesday morning. Cuban is expected to testify at some point, but said he didn't know when. The trial is expected to last three weeks


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BME103:T930 Group 16 l2
|BME 103 Fall 2012
| Home
Lab Write-Up 1
Lab Write-Up 2
Lab Write-Up 3
Course Logistics For Instructors
Wiki Editing Help
Dear Dr. Haynes,
In this group, we all have done equal work on the wiki, but because it took longer for some people to get approval to edit the wiki, and because we worked on each other's computers while still being logged onto each other's accounts, not everyone has an equal amount of entries. However, we all did the same amount of work.
From, Rachel, Swetha, Marianna, Omar, Mary, and Muawiya
Thermal Cycler Engineering
Our re-design is based upon the Open PCR system originally designed by Josh Perfetto and Tito Jankowski.
PCR Protocol
2. To prepare the DNA samples for the PCR, label the DNA test tubes with the patients name and replication number or label it in some way so that you will be able to distinguish between the patient sample and which replication it is (for example P1 R1 for patient one replication one).
3.Put a corresponding label on the tubes containing the reaction mix that will be placed into the actual PCR. After you have labeled all of your patient samples,tubes containing the reaction mix and your positive and negative control, you are ready to add the samples to the PCR reaction mix. The reaction mix includes: Taq DNA polymerase, forward primer, reverse primer, MgCl2 and dNTP's.
4. Each DNA sample should be added to 100 μL of premixed reagent. Using a different transfer pipette each time, transfer your DNA samples, and positive and negative controls to separate tubes of the reaction mix.
5. The samples are now prepared for the PCR machine.
6. Open the PCR, place sample tubes and controls in the machine.
7. Set the Thermal Cycler Program. To set the cycle use the touch screen located on the side of the PCR.
8. After the cycle is set, press start for the PCR to begin the replication process.
DNA Measurement Protocol
1. When the PCR has finished replicating the DNA samples, remove the tubes from the machine.
2. Label remaining pipettes and tubes to correlate with the samples, and label another tube and pipette for the provided Calf-Thymus (which acts as another positive control.) One pipette should be set aside for the transfer of SYBR Green and another should be labeled for waste.
3. Once everything is labeled, transfer the DNA samples using the specifically labeled pipette (to avoid cross contamination do not use a pipette that has touched a DNA sample to transfer a different sample). The DNA should be released into an eppendorf tube containing 400 mL of buffer. Repeat this procedure for all samples and controls including the Calf Thymus.
4. On the rough side of the provided glass slides place two drops of SYBR Green solution with the SYBR green marked pipette over two of the holes in the slide.
5. Place two drops of one of your sample (using that samples specifically labeled pipette) on top of the SYBR green.
6. Carefully move the slide in place so that the light is on it.
7. Place the slide and phone under the black box and take a picture.
8. Using the pipette marked for 'waste,' remove the solution from the slide.
9. Repeat steps four through 8 for all DNA samples and controls including water.
To more thoroughly analyze the results upload the images onto imageJ software program. Generally the sample that glow are positive.
Research and Development
Background on Disease Markers
Group 16 decided to investigate cystic fibrosis a disease that is caused by mutations in a specific gene on the seventh chromosome, and is then passed down through families as a recessive trait. In this disease, mucus accumulates inside the lungs, digestive tract, and other cavities in the body.[1] This life-threatening disease is the most common chronic lung disease to affect children and is often diagnosable by the age of two. However, weaker strains can go undetected until early adulthood. The effects of this disease, however, have been mediated through the use of treatments that can postpone some of the changes that occur in the lungs. Half of the patients with cystic fibrosis live past 28 years, and patients who only have mucus buildup in the digestive tract are even better off.[3] Gene therapy holds great promise for treating cystic fibrosis. The marker associated with cystic fibrosis is a two nucleotide deletion and has identity rs200007348.[4] This two nucleotide deletion is due to an adenine-guanine swap that occurs in the codon TGG. A codon is a genetic code involved in the RNA process that impacts protein translation. When the TGG undergoes the adenine guanine swap, it becomes TGA which codes for the stop codon, ending protein translation.[2]This SNP heightens susceptibility to cystic fibrosis, a disease with the frequency 1 out of 2000 in Europe and 1 out of 3500 in the United States
Primer Design
Reverse primer: 3' CGTCTCTTACTCTATCTCTC 5'
Forward primer: 5' AAATATCTGGCTGAGTGTTT 3'
Cystic fibrosis is caused by a 3 bp deletion that leads to a protein which lacks a critical phenylalanine amino acid in the protein. PCR primers have been developed that can distinguish a normal gene from a mutant gene. With these primers a 154 bp product is produced from a normal individual and a 151 bp product is amplified from DNA of an individual with the disease. The disease allele is complementary which will result in a positive result in Open PCR. However, a regular allele cannot give a positive result because the lost nucleotides will be added back into the primer causing a frameshift mutation of three. Thus, these primers are built 151 bp apart and this shortens the temperature cycles from 30 seconds to 10 seconds.


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Portugal Police to Aid Scotland Yard's Hunt for Madeleine McCann
Maddie McCann was 3 years old when she vanished on vacation in Portugal.
Aug. 28, 2013 -- Portugal police have assembled a new team of detectives to assist Scotland Yard's investigation into the disappearance of Madeleine McCann, the British toddler who went missing in Portugal six years ago.
Madeleine McCann was three when she vanished from a holiday apartment in the Algarve region of Portugal in 2007 as her parents ate dinner at a nearby restaurant with friends.
Madeleine's parents, Kate and Gerry McCann, said they found Madeleine missing after having left the children in the home unsupervised while having dinner nearby.
Madeleine's disappearance sparked a global hunt for the toddler, but an investigation by Portuguese police was shelved in July 2008.
Why Madeleine McCann May Still Be Alive
The newly assembled Portugal team will make inquires and question witnesses on behalf of Scotland Yard. British police launched a new investigation into Madeleine's disappearance in July and believe she may still be alive, having found no evidence to prove otherwise.
"We have visited Portugal on 16 occasions," said Detective Chief Inspector Andy Redwood. "The Portuguese have worked with us. We are working carefully and closely together now in order to progress this case."
British detectives decided to open a new case after uncovering what they said was new evidence from reviewing 30,000 documents and carrying out new witness interviews.
Thirty-eight "persons of interest" from a number of European countries have been identified by Scotland Yard. Twelve of those are British nationals believed to have been in Portugal when Madeleine went missing, but not all of them are currently living in the U.K.
Among the 38 people whom police will question is Antonio Castela, a 73-year-old cab driver who thinks he may have picked up Madeleine and at least two men and one woman the night after she disappeared.
None of the McCanns' friends who were having dinner with them the night that Madeleine disappeared are among the 38 "persons of interest" in the case.
Kate and Gerry McCann have maintained a website and a 24-hour tipline to keep their daughter's case in the public eye.
Madeleine would have turned 10 years old on May 12 of this year.
ABC News' Jean-Nicholas Fievet contributed to this report.


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1 Reclaiming the traditional role of Two- Spirited people in post-secondary and community education Written by: Shayna Plaut & David Kirk Submitted to Dr. Jo-ann Archibald (Q'um Q'um Xiiem) CCFI 601B & EDST 565A – Winter Term I 2009 Revised September 2012 2 ABSTRACT: Two-Spirited people, people who identify as mixed/ambiguous/plural gender, traditionally had a special, if not revered role in the social and cultural fabric of over 100 Indigenous nations in North America. The current prevalence of homophobia, including violent rejection and isolation from family and community found within Indigenous communities today, is a relatively new phenomenon. We argue this is a symptom of colonization and goes against traditional cultural norms of respect, if not cultivation, of difference in order to achieve balance. This notion of balance – a respect of difference -- is a fundamental part of Indigenous teachings and learning. This paper, builds upon academic, traditional and personal knowledge, to explore how such a drastic transformation took place across the continent in less than a century and how Indigenous communities can reclaim the traditional knowledge espoused by Two-Spirited people. Our goal, as community and post-secondary educators, is to provide a means of using traditional culture to help change imposed colonial cultural repression and shame. 3 "Like all people we have been adapting our traditions…it is important to note that each of us comes from a specific context: social, historical, political and geographic. We share similarities, hopes and dreams and lives full of oppression and denial of who we are as people. We all share a belief that our children's lives will be better because of what we do today." – Noeliane Villebroun, National Dene Chief (2006, p. 14) Queer people in all cultures often need to carve a place of acceptance in their "traditional communities;" however this is not the case within North American Indigenous communities. The role of people with mixed/ambiguous/plural genders traditionally had a special, if not revered role in the social and cultural fabric of over 100 Indigenous nations in North America 1 . We argue that the prevalence of homophobia, including violent rejection and isolation from family and community found within Indigenous communities is, in fact, a relatively new phenomenon and a symptom of colonization that goes against traditional cultural norms of respect, if not cultivation, of difference in order to achieve balance 2 . This balance is a fundamental part of Indigenous teachings and learning. Our paper builds upon academic, traditional and personal knowledge, to explore how such a drastic transformation took place across the continent in less than a century and how Indigenous communities can reclaim the traditional knowledge espoused by Two-Spirited people. We argue such reclaiming can, and should take place, through Indigenous Knowledge Systems (IKS) especially through the teaching of Elders and the holistic notion 1 This statement is substantiated not only in academic literature such as Two-Spirit People (Jacobs, Thomas and Lang, 1997),Becoming Two-Spirit: Gay Identity and Social Acceptance in Indian Country (Gilley, 2006) and The Zuni Man-Woman (Roscoe, 1991) but also through the teachings of Elders' Leonard George (Tsleil-Waututh Nation) and personal communication ( November 5, 2009) with Sandra Laframboise (Cree Nation). 2 A fundamental and reoccurring cultural norm in many North American Indigenous communities is the notion that all people are created by The Creator and thus all people are gifts – including (but not especially) Two-Spirited people. This can be seen by Akimel O'odham, a Pima Elder, "We have always had some of 'them' around, nobody really hurt them. Oh, they were always teased, especially as children, but they are just part of life so no one really thinks anything about it. They are just part of the community." (Jacobs, Thomas and Lang, 1997, p.15) 4 of learning and living. There has been some, primarily anthropological, writing done on the existence (at times reverence) of Two-Spirited people in addition there is symbolic inclusion of Two-Spirited people in Lesbian, Gay, Bisexual, Transgendered, Queer/Questioning (LGBTQ) circles 3 . What is missing is true engagement with, and within, IKS to explore the role that Two-Spirited people play within teaching and learning. If one is to examine the seven points of Indigenous Knowledge as noted by the 2007 Canadian Council on Aboriginal Learning: holistic, life long, experiential, spiritual, linguistic, communal & synergistic of Western and Aboriginal knowledge, one can recognize that the role of Two- Spirited people is a form of teaching and learning in and of itself and, put simply, the process of confronting and eradicating imposed homophobia can be seen as a process of cultural decolonization. That said, this entire process challenges us, as people committed to preserving and protecting Indigenous culture and gender and sexual expression, to look beyond the presumed - and false binary of tradition versus LGBTQ rights. The paper discusses the impact of colonization, forced Christian conversion and residential schools on Indigenous cultures in North America, particularly Canada. Much has been written about the cultural genocide and rampant physical and sexual abuse that took place in residential schools and the impact this had on community based education and values. The later 1960s and early 1970s saw the rise of the Indigenous movement that demanded accountability for these atrocities and inclusion of Indigenous peoples in the socio-political realities of the country. One of the main means of activism was through cultural revival, as Sandra Laframboise, a Cree Two-Spirited Elder explained; the 1970s 3 For an extensive, often critical look at the anthropological literature focusing on Two-Spirited peoples please reference Jacobs, Thomas & Lang (1997) in addition to the work by the Gay Indian Association (USA) and the Two Spirits of the First Nation (Ontario and Quebec), available online. 5 helped "bring the sweat lodges out of the closet." But although the sweat lodge may have "come out" many Two-Spirited people did not. This paper will continue by exploring how Two-Spirited people often face bias through neglect in both the Indigenous movement and the LGBTQ movement. But rather than focus on victimhood, we chose to explore how this neglect has been addressed – and redressed – by Two-Spirited people themselves. Borrowing from Shayna's (2012) previous work we use the concept of De/Re -- the purposeful, written process of De- naturalizing, De-normalizing and De-colonizing as a means of Re-defining, Re-writing and Re-claiming – we demonstrate how Two-Spirited people are confronting the homophobia within modern Indigenous communities and racism within the LGBTQ community, We illustrate this process by reflecting on the pivotal role that the HIV/AIDS pandemic played in forcing the existence of sexuality and homosexuality into the forefront both on and off the Reserves. Specifically we examine how this tragedy led to the emergence of a more vibrant, defiant and yet respectful, rise in queer Indigenous identity thus leading to the Two-Spirited movement in the early 1990s that seeks to highlight the spiritual role of Two-Spirited people within Indigenous traditions. The paper ends with concrete suggestions about how the role of Two-Spirited people, including the attempted erasure and reclaiming (and reshaping) of identity can be incorporated into post-secondary and community education. Many of our thoughts are based on our roles as community-situated educators within post-secondary institutions, the teachings of Elders Sandra Laframboise and Chief Leonard George in addition to the suggestions made by Two-Spirited youth in a 2004 survey commissioned by the Urban Native Youth Association. 6 HISTORICAL, PERSONAL AND POLITICAL CONTEXT It was inside the house Avikwame....Now that baby lay there, looking around. Sit back from him there said Mastamho. That boy knows much more than you all. He will be a leader. Now the baby was looking this way and that, its eyes winking. Then it said I want a name. What will you call me? Mastamho said he is a boy, but I think we will give him not a boy's name, nor a man's name but a girl's. I call him Hatsinye-hai-kwatsie. - Mohave story as quoted to Elledge circa 1972, p. 77 "Many urban Native American men attempted to return home to their reservations to spend their last years with their families before dying from complications of HIV infection. Each of us has heard personal stories from men who were not welcome "home" because they had the "white gay man's disease" and that gayness was not part of the traditional culture." - Jacobs, Thomas and Lang, 1997 p. 3 We selected the quotes above to illustrate how one hundred years could change cultures and traditions that are thousands of years old. In three maybe four generations, Two- Spirited people went from being revered by Elders to being rejected and shunned on a community and familial level, resulting in isolation, sickness and at times even death We were struck by how the entire system of knowledge, of balance, of respect for all peoples could be eradicated. We were angry. On a personal level. On a cultural level. On a political level. But there has been much written through anger. Sloppy anger. Defiant anger. Hard blood-sweat-and tears in the trenches anger. This did not need to be repeated. We have both been politically involved in LGBTQ issues: David, one of the writers, a Two-Spirited Sto:lo man trained as a social worker, ran a Two-Spirited drop- in group for youth involved in the sex trade and now works with Indigenous students at a post-secondary institution. Shayna, a queer non-Indigenous woman from Chicago and Los Angeles, worked for an international human rights organization and trained teachers in incorporating LGBTQ and Indigenous issues within human rights classes in secondary schools throughout the States. We incorporate our learned experience into this work. We bring the passion of our lives. 7 There was no shortage of passion. There is, however a shortage of constructive engagement through an Indigenous Knowledge System. And this shortage left us with a challenge. How can we use the tools found within all North American Indigenous cultures to reclaim a group of people and a part of the cultural teachings that had been defiled and erased? How could we help facilitate change not through anger, but through hope? This is the role of education and, according to Lee Brown's pivotal (2006) work; education can only be successful if it involves healing. This healing must be culturally appropriate and must address the emotional, mental, spiritual and physical wounds of the person, family, community and culture 4 . We agree with this assessment. We also agree with Jo-ann Archibald's (2008) continued teachings about the role of Elders, both in terms of the importance of Elders within Aboriginal communities, and important modeling they show regarding respectful interaction with others in an open but non-prescriptive manner. As Archibald (2009) illustrates Elders are waiting to be asked, but the question that kept coming up as we researched for this paper is, how do we respectfully approach the Elders to ask how we can reclaim and adapt our traditional knowledge of Two-Spirited people when, in most cases, the entire topic is at best met with silence? 4 For more information on the importance of healing through education and the role that education plays within healing, particularly as it relates to children of those placed in residential schools, please see Lee Brown's 2006 work, The Native training Institute: A place of holistic learning and health, Canadian Journal of Native Education 29(1), pp 102-116. 8 TERMINOLOGY Although the term "Two-Spirit" was used by a few activists and academics in the 1980s, it was officially coined in Winnipeg, Canada in 1991 during the third annual intertribal Native American/First Nations gay and lesbian conference. (Personal communication, Laframboise, November 5, 2009; Jacobs, Thomas & Lang, 1997) The term "Two Spirit" derives from the Ojibwa words niizh manitoag (two-spirits). It was originally chosen to distance Native/First Nations people from non-Natives as well as from the words "berdache" and "gay." Berdache is a French colonial term derived from Persian that refers to a male recipient of anal sex often with the connotation of coerced prostitution or a "kept boy". It has come to be perceived as a derogatory term by Indigenous peoples and non-Indigenous anthropologists (Jacobs, Thomas & Lang, p 4 & pp 21-68). Noted scholar Brian Gilley (2006) writes, "The transition from a 'gay Indian to 'Two-Spirited' and the establishment of Two-Spirited societies created an alternative identity for the mainly urban oriented Indigenous gay and lesbian people" (p. 32.). It is a form of reclaiming roles through identity. In this paper we will use the term "Two-Spirited" to refer to Indigenous people who identify as Gay, Lesbian, Bisexual, Transgendered or Transsexual in addition to people who are openly fluid with their gender. We will also refer to Two-Spirited people as "us" and the community as "our community".5 It is our goal that this paper will serve as a mobilizing tool for education and thus position ourselves as part of the culture. Lastly we note that we use the term "gender", "gender expression" and "sexuality" interchangeably because the term two-spirit speaks to all varieties of gender and sexual fluidity. 5 Although Shayna, one of the authors of this paper is not Indigenous, David, the other author is a Two- Spirited Sto:lo man who is active in the Indigenous community and it seemed odd to speak about the population with whom he identifies in the distant third person. 9 We have our work cut out for us, but it is not impossible. The process of "reclaiming" words, symbols and traditions is not new. The pink/black triangle, the word "queer", the word "Indian" all of these had been tools of suppression that are now used as a means of pride. Our paper will explore how the importance of "difference" can, and should be reclaimed as a key element of functioning Aboriginal communities. Drawing upon the work of scholars such as Battiste (2002) who explored the importance of varied perspectives – of the "minority voice" to ensure good governance for all, we then turn our gaze to the traditional role of a Two-Spirited person in Indigenous communities. The Two-Spirited person was often revered because they could see things from a more fluid perspective and thus often served as spiritual gate keepers and social mediators because they were not bound by gender. Their "difference" was their asset. There is much we can learn from this appreciation of difference. THE RESPECTED ROLE OF DIFFERENCE "Our existence was used to justify the belief in our barbarism as primitive peoples. Where that history began - we now live with today. Homophobia is not indigenous to this continent. Tolerance is." – We are Part of a Tradition (2008) "We didn't have paper – we didn't have writing. We created rituals that helped us understand the difference. Remember – Two-Spirit is an English word that means an identity other than that which you were born with. We accept and nurture the different" – Cree Elder, Sandra Laframboise (personal communication November 5, 2009) Traditionally, Indigenous communities sought harmony within the community in order to function. But harmony did not mean homogeneity, it meant everyone had a role, everyone provided and everyone was dependent. This ideal of harmony serves as the foundation for modern day understandings of "balance" including the components necessary to ensure 10 successful health and education. This can be seen in the structure of certain governance practices such as those explored by Jeanette Armstrong (2008) in her explanation of how decisions are made, for the good of all and with a special ear towards the "minority voice" in Okanagan society. This can also be seen in Chief Noeliane Villebrun's (2006) teachings of the importance of difference and the embracing of change. Those who were "different" were often seen as gifts simply because they could see a variety of perspectives. Many people who work as academics, activists and advocates of Two-Spirited people point to this cultural foundation as an epistemological justification for the inclusion of Two-Spirited people within traditional Indigenous cultural frameworks. (Lang,1997; Red Earth,1997) The acceptance, if not reverence, of Two-Spirited people "fits" within the greater vision of how a healthy (read: balanced) society is supposed to function. Historically, Two-Spirited people were responsible for particular social functions in their communities: Some of our Elders teach us that Two-Spirited people have a special place in our communities. We believe that Two-Spirited people have specific duties and responsibilities to perform. These include counseling, healing, being pipe carriers, caring for children, visionaries and conducting oneself in accordance to our belief which states, 'to respect all life.' (Lang pp. 100-103). 6 This point was further explored and supported by Marcel DuBois' (2008) piece in, "We are Part of a Tradition," Communities often assign power to that which does not conform to the conventional. The unconventional is often imbued with negative power i.e.: sin, pollution, and taboo. In this way, cultures deal with the mysterious by removing them from the unexplainable. The misunderstood is often viewed as a threat. However, some cultures deal with the mysterious by removing them from the realm of threat and to sanctify them. The berdaches [sic] role as a mediator was also between the physical and the spiritual. Aboriginal cultures 6 According to Elder Sandra Laframboise (personal communication, November 5, 2009), two spirited people often had the role of caring for orphaned children in the community (specifically referring to the Burrard Reserve) this point is also made by Leonard George (Tsleil-Waututh Nation) on the following clip: http://www.youtube.com/watch?v=qwDqCdQ2NP4 11 took what Western cultures view as negative and made it positive. Aboriginal people correctly perceived that Two-Spirited people have spiritual powers and unique skills and insights. Whereas in Western culture such people have been stigmatized and their powers wasted. (We are Part of a Tradition, 2008, p 26) From nations as geographically disparate as Zuni to Crow to Shoni are descriptions of Two- Spirit individuals having strong mystical powers. In one account, raiding soldiers of a rival tribe begin to attack a group of foraging women when they perceive that one of the women, is a Two-Spirit. The invaders halt their attack and retreat after the Two-Spirit counters them with a stick, "recognizing that the Two-Spirit will have great power which they will not be able to over-come." (Williams pp 31-43; We are Part of Tradition, 2008) By telling these stories, including the well known story of Running Eagle (Piegan) and Woman Chief (Crow), it is evident that people who were publically recognized as Two Spirits "were legitimate on many levels in and among their peoples and respected in their roles as such. It cannot be underestimated how important that (being accepted) was." (Two-Spirit Women, 2008). This process of Re-defining and Re-claiming the presence of Two-Spirited people and then Re- Writing this historically is a form of De-naturalizing and De-normalizing homophobia. Recognizing the role of Two-Spirited people is a form of De-colonizing. An example of the fluidity of the roles, gender, identity of Two-Spirited people, Lang (1997) explains "the mere fact that a male wears women's clothing does not say something about his behaviour, his gender status, or even his choice of partner…" (Lang, p. 89) Cross dressing of Two-Spirited people was not always an indication of cross acting (taking on other gender roles and social status within the group). Often a child's gender was determined early on, depending on their inclination toward either masculine or feminine activities. If a child was intersexed, it was often the child's predisposition that determined 12 which (or both) genders were cultivated. 7 Puberty often served as the "outing" – when various rituals were observed and other forms of publicly disclosing gender, but as noted in Williams and Roscoe, there were also people who would continue to enact multiple genders throughout their life. Two-Spirited people, specifically male-bodied (biologically male, gender female), could not only cook and clean but also go to war and have access to male activities such as sweat lodges. This role is once again taken up by modern, urban Two-Spirited people. As Elder Sandra Laframboise (Cree) shared with David and Shayna over tea: Look – I am a sister. I am who I am and I am part of the group and if I make you uncomfortable I will pray for you… I've had Elders tell me I don't belong here. I told them I had a sex change but not a soul change. I am comfortable with myself. I am a transsexual and I have a right to pray. I have a relationship with Mother Earth who is the mother of all people. When people tell me I don't belong here I just think well – there goes another man made rule…" (personal communication, Laframboise November 5, 2009). Like many Elders, Laframboise reminds us the importance of remembering the tradition roles of Two-Spirited people and also those roles are changing much like First Nations cultures have changed since European contact. 7 For more information please see the introduction to Jacob, Thomas & Lang (1997) as each nation handled the situation a bit differently. Suffice to say, there was much more fluidity than in the rigid notions prescribed by Judeo- Christian norms in residential schools. 13 A BRIEF HISTORY OF COLONIZATION AND RESIDENTIAL SCHOOLS There are as many traditional tribal names for these "Two-Spirited people'' as there were tribes. Among the Lakota, these men were referred to as "winkte", and the Zuni called them "lhamana". This is another case of history being written through the cultural biases of the historians, and of a distinct culture being lost due to the prejudices of the invaders. - (Elledge, 2002 p xv) "As Two-Spirited women of the First Nations, you become aware of "triple oppression": you are lesbian, female, and native in a society dominated by a world that often does not honour women or indigenous peoples and by a world that says your sexuality is nonexistence, a phase, a threat or a sin against God. The church has made sex dirty and women evil. We are expected to marry a man or suffer the consequences of our wilfulness. As lesbians, we understand our sexuality in a social, political, historical and cultural context. [And] as Two- Spirited men you know there is not room for your life on the reserve. Your sexuality is not tolerated and many men leave to find urban centers where they can express themselves. Many men live a dual life: bisexuality on the reserve is more common then you think. If you are strong enough to be who you are, you are ridiculed, harassed and only sometimes understood as being different." (We are part of the Tradition, p. 22) In referencing the quotes above, we argue that this modern day experience of Indigenous peoples, reflected not only in theory but also in our own experience, can be directly traced to the political decisions of the Canadian and American governments from the later 1800s – mid 1960s during the residential school "experiment." Residential Schools were established by the federal government of Canada and run by various churches as a way of assimilating and 'educating' Aboriginal people. These residential schools were across Canada. In the early days, federal Indian Agents went onto Reservations to take Aboriginal children to these schools (UNYA, 2004 report). Aboriginal children were in some cases stolen and taken to these schools. While attending residential schools, many children faced various forms of abuses: mentally, emotionally, physically, sexually and spiritually (Royal Commission on Aboriginal Peoples, 1996) In an attempt to "assimilate" Indigenous peoples into Anglo-Christian norms, Aboriginal children were often told that their Creator was evil and that "God" would punish 14 them if they practiced their traditions. This forced cultural practice created a generational homogenizing effect by imposing Christian beliefs of morality and removing children from other forms of Traditional Knowledge and teaching practices within the community. The children often faced various forms of abuse and shame, often in front of their peers. (UNYA report 2004, p 4) There are numerous accounts of physical, emotional and sexual abuse by those who attended residential schools and subsequent generational impact. There are many examples of this abuse and shame that has occurred. Teengs illustrates this abuse in "Two Spirited Women" (2008) Homophobia exists today among Aboriginal People because of our colonization. Aboriginal People learned at residential schools to hate or hide our own culture and that sex is a sin in any form except one – man on top in marriage. Sexual abuse experienced as children (witnessed or direct), contributed to confusion and homophobia as the children did not know it was not a homosexual act, but an abusive act. At least three generations lived through residential schools, which was long enough to negatively influence our traditional knowledge and understanding of sex and sexualities. (p.14) This is not just a matter of abstract history. David's maternal grandparents both attended Coqualeetza residential school in Chilliwack, BC in the late 1910s – early 1920s. The impact of removing them as children from the community was severe: neither of David's grandparents would share any of their traditional teachings, language or culture with the family. This silence created a significant loss of Indigenous knowledge in David's family and is representative of Indigenous communities throughout Canada. It is no wonder that, in such an environment, the embrace of difference – including that of fluid gender and sexuality – would be become replaced by a fear of difference, conforming to the Judeo- Christian norms of gender. The UNYA 2004 report reinforces and supports what many already know to be true when they state: Another devastating result of the residential school experience was the denigration of women and Two-spirit people in Aboriginal communities. The 15 dominant religion did not make room for women to have equal roles as men, or for there to be alternate genders or sexual preferences than that of heterosexuals. As a direct result of the residential school experience, homophobia is now rampant in most Aboriginal communities, even more so than in mainstream society. The religious dogma of the Residential Schools has erased a proud and rich history of Two-spirit people in most Aboriginal communities." (2004, p. 7) Fortunately, David's Grandmother was not completely influenced by the Church and always accepted David being Two-Spirited whereas other members of the family still refuse to speak with him today. David witnessed firsthand the negative impact residential school has had on his own family where the imposed norms of dogmatic Christianity perpetuated by the Residential School system ran counter to that of traditional teachings. Unfortunately the negative impact of residential schools is multi-generational. BIAS THROUGH NEGLECT 8 – THE ABSENCE OF TWO-SPIRITED PEOPLE IN THE INDIGENOUS MOVEMENT AND THE LGBTQ MOVEMENT The later 1960s and 1970s saw an increase in many identity based empowerment movements throughout North America many of which explicitly utilized language and techniques from other decolonization movements throughout the world. The American Indian Movement (AIM) originating in urban Minneapolis, served as a wake-up call and role model for many Aboriginal communities in Canada including establishing formal alliances with the Mohawk Warrior Society in Quebec (Alfred and Lowe 2006). This was further galvanized by the well-publicized stand-off between FBI forces and AIM at Wounded Knee, including the imprisonment of Leonard Peltier, illustrating the extent colonial forces would 8 We are borrowing the notion of "bias through neglect" as cited by Brayboy and Castagno (2008) 16 go to keep socio-cultural and political power. (Churchill & Vaderwall, 1988) But as the pride and revitalization of Indigenous language, spirituality and culture increased, and became re- institutionalized in a variety of traditional settings and fought for in Western educational settings, there was a noted absence around sexuality in general and Two-Spirited people specifically. In fact, even as the Black Panther Movement made specific public alliances with the Gay Liberation Front, in our research we have not found any public statement originating from AIM about Two-Spirited people, even though Two-Spirited people play a fundamental role in what it means to be Aboriginal the 2004 report and analysis 80% of Two- spirited youth stated that "a better understanding of Two-Spirited (GLBT) issues is needed in my own First Nations community." (2004) In fact, in both urban communities and on the Reserve, many Two-Spirited people have experienced homophobia, particularly in being rejected by family and community. Not being accepted by family, and community can have negative effects on all people but there are particular risk factors found in Aboriginal communities in Canada including, increased rates of substance abuse, sexual, mental and physical abuse, internalized racism, participation in the sex trade, low self-esteem, shame, fear, guilt, lack of work experience/education, lack of safe sex, increased risk for HIV, and depression (UNYA, 2004, We are Part of a Tradition). We come and learn from our experience. As David reflects in his own journey discovery who he is a Two-Spirited Sto:lo man: Growing up in the Vancouver area, I was bullied and harassed not only for being Aboriginal but also for being Two-Spirited. This caused me much pain and shame, and eventually led to a number of years drinking very heavily. As of result of this experience I tried to hide the fact that I am Aboriginal which I now recognize as internalized racism…There was one time when, while working at a restaurant my very intoxicated Uncle came in and I had 17 someone else wait on him and would not even admit I knew him. That was one of the last times I actually saw him as not long after that he was murdered on my reserve. It was only in my sobriety that I was able to forgive myself. It was also in my 23 years of sobriety I have sought out who I am as a proud Sto:lo man. I worked as a social worker with Two-Spirited youth in the mid-1990s and I would see first hand how troubled our youth are with being not accepted – either because they are Two- Spirited or Aboriginal or both. Many of those youth including myself were so isolated from their community, family and culture. At times this lack of self acceptance led them down the black road of drugs, and alcohol abuse. In severe situations this even led to suicide. David's experience shows the conflation of internalized racism and homophobia resulting from being isolated and cut off from community. Even when seeking help from "professionals" focusing on LGBTQ issues, there is often a cultural disconnect. First Nations of Quebec and Labrador Health and Social Services Commission and the Vancouver Urban Native Youth Association state that mental health professionals, paraprofessionals and volunteers may not be sensitive to cultural differences; therefore, they may be unable to give appropriate services and supports to the Two-Spirited community that speak to the particular cultural role of gender fluidity within Indigenous communities, let alone Two Spirited communities. There is a lack of substantive research and literature on our diverse population. This lack of information is what has lead us to believing that education, in formal and community settings is needed for the larger Aboriginal community for this lack is what often leads not only to isolation from communities, but internalized homophobia and racism. Put simply, because of the role of colonization many Two-Spirited people a difficult time accepting their own identity -- assuming that one needs to choose between being queer, and being Aboriginal. (Two-Spirited Women, 2008). As Paula Gunn Allen, the late Aboriginal lesbian scholar was noted in the Two-Spirited women report: 18 …while many modern lesbians have come to see themselves as singular but not sick, many of us are not that secure in our self-assessment. Certainly, however we come to terms with our sexuality, we are not in the position of our American Indian foresister who could find safety and security in her bond with another woman because it was perceived to be destined and nurtured by non-human entities, as were all Indian pursuits as was therefore acceptable and respectable to others in her tribe. (p.255. 2008) Many people who are Indigenous may have not felt completely at home within the Lesbian and Gay movement that arose in the late 1960s. There has been much literature addressing the often-uncritical assumptions of class, ethnicity and privilege found within the predominantly white and middle class movement – primarily focusing on the African- American and Latino/a experience 9 . And although it is beyond the scope of this paper to address this issue, it is worth noting that we found a dearth of literature addressing the experience of Gay and Lesbian Indigenous peoples. Further research on this topic on this topic is needed. There are many who note that the emphasis on the spiritual and traditional role of Two-Spirited people increased as the AIDS pandemic swept across Indigenous peoples living on reserves or in urban communities as a means of speaking to the larger need of community supports. In 1994, Jacobs, Thomas and Lang noted: [The] AIDS pandemic is of great concern to contemporary Native American gays, lesbians and two-spirits as it is to everyone else with a social conscious. The HIV virus is spreading rapidly in reservations as it is everywhere. Tribal councils, the Indian Health Service and communities at large face the unwelcome necessity of coping with same sex behavior rather than denying its existence. (pp 3-11). 9 It is also worth noting that the person recognized as starting the Stonewall Riots, Sylvia Ray Riveria, was a Spanish- speaking Puerto Rican drag queen. For more information on the institutionalized racism within the LGBT movement, and the need for critical engagement in this issue, particularly in formal and community education, please see the work of Audre Lorde and bell hooks. 19 That said, although noting that HIV and AIDS was a real catalyst for the community and, "one of our biggest teachers." Lang notes, "I am not sure that I would propose that the AIDS movement is what brought Two-Spirited people out of the closet." Rather it seems it provided the real life and death opportunity to more fully understand the power of reclaiming and redefining cultural understandings for political and social change. But it also showed that culture is not static – and what it means to be Two-Spirited now may not be the same as Hatsinye-hai-kwatsie, the Mohave Two-Spirited baby referenced at the beginning of this piece, there may no longer be invaders in the desert confronted by Two-Spirited women – perhaps now the fight is in the budget meetings, the classroom, or the halls of government policy – but there is a very strong role for the Two-Spirited person. THE TWO-SPIRITED TEACHINGS AS A BRIDGE "Too many times in the past we had to give up either being part of the Aboriginal community or our sexual or gender identity to be part of the Aboriginal community. It is only when we are strong in both our Aboriginal roots – the blood that runs throughout veins and our sexual diversity that our Aboriginal communities will be strong and healthy again." – Two-Spirited Women, 2008 We end this paper with a story of a murder, but also a story of hope. Fred Martinez was a young nádleehí from Navajo Nation. According to the Navajo culture, nádleehí, is someone who possesses a balance of mascul ine and feminine t rai ts —a special g i f t f rom the Creator . Fred's determination to express his identity tragically cost him his life. At age sixteen, he was one of the youngest hate-crime victims in modern history when he was murdered in Cortez, Colorado. (Two-spirit documentary, 2009). Two- Spirited people across North America continue to face homophobia, and racism. This tragedy has brought Fred's community and family together to celebrate his life and that the fact he was a brave young nádleehí who was true to his ways Navajo teachings. Gail Binkly 20 writes in the Huffington Post, "Fred's friends at Montezuma-Cortez High School reported that he had sometimes been harassed for his feminine manner, that he had eventually switched to adult-education courses to avoid the harassment." But he was accepted by many members of his family and community in life and in death. After his murder: There was also a candlelight vigil one night in Cortez that drew more than 100 people, including Judy Sheppard, mother of Mathew Sheppard, the young gay man tortured and killed in Wyoming in October 1998. Speakers shared memories of Fred, shed tears, and called for forgiveness and healing rather than continued anger. Fred's mother, Pauline Mitchell, gave a moving statement, saying that her son "would want us all to join together and work to the understanding that we can get along. He would want the schools to be a place where those who are different will find peace and joy in being at school instead of name-calling, harassment and hate. (Huffington Post, 2009) It is from these words and experiences that we can learn – as Aboriginal people. As queer people in post-secondary institution and in ritual and in the various roles and communities we constantly find ourselves. There are different ways to engage with the world. Two- Spirited people can show us one of these ways – a way that embracing gender fluidity and Aboriginal identity. The term Two-Spirited was not intended to mark a new category of gender. Instead Two-Spirit is an Indigenously-defined pan-Native North American term that bridges Aboriginal concepts of gender diversity and sexualities with those of Western cultures. (Gilley p. 32; We are Part of A Tradition 1998; Two-Spirited Women, 2008). As Lang, Williams and Jacob note, "Using the word, "Two-Spirited" emphasizes the spiritual aspect of one's life and downplays the homosexual personal. Homophobia may not be completely thwarted by using the term, but it may be held off in some instances…" This term also helps to solve some self-identity problems that Native Americans and First Nations Two-Spirited people have faced, thus allowing those who live in both urban 21 and rural areas, but not necessarily on reservations, the opportunity to use only one unambiguous term As Two-Spirited Elder Sandra Laframboise stated, "Two-Spirited is a modern, English word. It was created because we didn't fit into the queer community because of our long hair or the fact that we sun danced or participated in sweats or…" (personal communication, Laframboise, November 5, 2009). Lang also clarifies that rather than just "a different word for gay,", "...the 'berdache'/Two-Spirited roles are seen as manifestations of constructions of gender in North American cultures that differ from Western ways of defining and constructing gender." (Lang, p.101) By reclaiming the word, and thus the epistemological underpinnings of gender construction, the term "two-spirit" is also a way to remind the larger Aboriginal community that traditionally there had always been a place for Two-Spirited people. Conclusion "People expect you to have all this information and context and wisdom but that is not true. You get such different perspectives when you talk to an Elder who lives on the reserve. My teaching and experience is influenced by the urban. We were colonized and had our culture beaten out of us. The church – the conservative, strict values, they still exist and you can see that within Elders too…they need to do their healing too." – Sandra Laframboise Given the diversity of the populations (student, faculty and staff) in post secondary institutions, the historical, cultural and current experiences of Two-Spirited people could serve as a tangible example of how traditional knowledge and modern "rights language" and movements can support each other. This process can be incorporated not only into a variety of curriculums but also in terms of services offered and encouraged on campus and 22 in the larger communities. Too often when a social or political gap is exposed, the wound is left open – we hope to counter the violence and neglect Two-Spirited people have experienced by offering practical, educationally based approaches that can be incorporated in both community and tertiary educational institutions and processes. Again, this is not simply theory – the evening news is full of stories of young people who feel they cannot "come home" (in the queer community, at their Reserves, with their families) because of a fear of physical and social abuse and isolation based on the completeness of who they are. There is a false belief that they need to choose between themselves as an Indigenous person or an LGBTQ person. Our aim is to demonstrate that this "choice" is an imposed choice – imposed by colonialism. But this unlearning and relearning traditional understanding of Two-Spirited requires working with Indigenous communities in a variety of ways – including asking Elders to reflect on their own traditional teachings. We look to respectfully engage community and Elders to unearth traditional teachings of Two-Spirited people. Our goal is to provide a means of using traditional culture to help change imposed colonial cultural repression and shame. But we are left with a pressing question – how do we engage communities, in a respectful and constructive way, with a topic and a people that is often silenced? We purposefully engage with this contentious question in order to suggest practical educational implications in formal and community based learning. Indigenous people often say, 'Our children and youth are our future.' By extension, then, the future depends on the effectiveness of education. Education shapes our pathways of thinking, transmits values as well as facts, teaches language and social skills, helps release creative potential and determines productive capacities (Royal Commission on Aboriginal Peoples 1996, p.82). 23 APPENDIX: TANGIBLE IMPLICATIONS WITHIN EDUCATION SETTINGS Much of this article has focused on deconstructing and decolonizing much of the relationship between LGBTQ issues and Indigenous communities but we wanted to end in a constructive manner. Therefore, based on our own experience as well as in consultation with Elders, we have chosen to include five educational strategies for communities and post secondary educational settings; we offer these suggestions as people who are both involved in community based education and work as faculty in post-secondary institutions. 1. Create courses in post secondary institutions that explore the traditional role of Two-Spirited people in LGBTQ courses, Women and Gender Studies courses, Religion and Spirituality courses, First Nations Studies, Sociology and Anthropology courses (including research methods and ethics) in post secondary institutions. 2. Working with Aboriginal communities to incorporate TK and IKS within Aboriginal groups and reclaiming roles in a non-LGBTQ specific setting. We need to find ways to speak with Elders in a respectful way to bring up the existence and role of Two–Spirited people so they may better work with students/ Aboriginal groups at post secondary institutions. 3. Creating an open space for ongoing cultural gatherings and practices so that old teachings can be shared and new meanings made. Sandra Laframboise offered a very detailed suggestion, "We need healing social health conference. A gathering. A potlatch. Not just a place to do our beading but a place to sit and call out for all Two-Spirited people. We can do protocol with one another. We can sit for days and let people speak and not need to respond. There is wisdom in the collectiveness. Everyone is part of the solution. We need to come together and all heal the hurt as a group. What the urban has done. What previous generations have had to go through. We are always in survival mode. Now we 24 need to sit down and we can build a solid foundation." "Our hurt is our isolation, the segregation, not coming together, there's more than bars – there has to be more than bars." 4. Create new research and research models – In doing research for this paper, we were only able to locate three books and one documentary within the library at the First Nations House of Learning – a library at the University of British Columbia (UBC) focused on Aboriginal studies. This absence speaks loudly. There needs to be more engagement and more scholarly literature. Again, Laframboise, who is trained as a psychiatric nurse, offers a tangible suggestion: "I went to UBC and I went to the Long House and I asked UBC to take up a project with students. To have students go in teams of two – one straight, one two spirited, and to go into the communities and ask "is there anyone who is "different" on the reserve? How are they treated? Do you nurture the difference or do you shun it. Not to analyze the information but to collect it. And not just interviews but photos. We need to collect the anecdotal evidence. This is the approach that is needed. We need to be present but not push it. This is what makes it ok to talk about. This is what happened in Kamloops with Shushwap we have worked there for so long and just now – just now things are changing. Now – [just] now we can talk a bit about AIDS." 5. Community education within the LGBTQ community for new strategies of empowerment Too often gender and sexuality become equated simply with whom one is attracted to. What is obvious from the work coming out of the Two-Spirited community is a means of bringing together many identities. This approach can be good for all people – particularly the incorporation of spiritual, intellectual, emotional and physical well being. Two-Spirited people offer much to the history of the larger LGBTQ presence in various histories as well. 25 References Battiste, M. (2002). Indigenous knowledge and pedagogy in First Nations education. Ottawa, ON: National Working Group on Education and Indian and Northern Affairs Canada Brown, L. (2006). The Native training Institute: A place of holistic learning and health. Canadian Journal of Native Education, 29(1), pp 102-116. Canada. Royal Commission on Aboriginal Peoples. (1996). Report of the Royal Commission on Aboriginal Peoples. Vol. 5. Renewal: A twenty-year commitment. In For seven generations: An information legacy of the Royal Commission on Aboriginal Peoples. [CD-ROM]. Ottawa, ON: Libraxus. Churchill, W. & Vander. J. (1988). Agents of Repression: The FBI's Secret Wars against the Black Panther Party and the American Indian Movement. NY, New York: South End Press Classics Series. Elledge, J. (2002). Gay, Lesbian, Bisexual, and Transgender Myths from the Arapaho to the Zuni: An Anthology. New York: Peter Lang Publishing. Gilley, B. (2006). Becoming Two-Spirit: Gay Identity and Social Acceptance in Indian Country. Lincoln, NE: University of Nebraska Press. Jacobs, S., Thomas, W., & Lang, S. (Eds.).(1997). Two-Spirit People, Native American Gender Identity, Sexuality and Spirituality. Chicago: University of Illinois Press. Lang, S. (1998). Men as Women, Women as Men. Changing Gender in Native American Cultures. Austin: University of Texas Press. Plaut, S. (2012) Expelling the victim by demanding voice: The counterframing of transnational Romani activism. Alternatives: Global, Local, Political Volume 37 Issue 1, pp. 52 - 65. Say Yes Quickly Productions. (Producer), & Nibley, Lydia (Director). (2009). TWO SPIRITS: Sexuality, Gender, and the Murder of Fred Martinez a documentary. Denver, Colorado Roscoe, W. (1991). The Zuni Man-Woman. Albuquerque: University of New Mexico Press. Simpson, Jacob. (Producer & Director). (2001). Some of the Stories: a Documentary about Trans Youth. Vancouver, Canada. Taiaiake, A., & Lowe, L. (2005) A Warrior's Society in Contemporary Indigenous Communities (Background Paper Prepared for the Ipperwash Inquiry) Retrieved from http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/policy_part/research/pdf/Alfre d_and_Lowe.pdf 26 Urban Native Youth Association, (2004). Two-Spirit Youth Speak Out! Analysis of the Needs Assessment Tool Retrieved from www.unya.bc.ca/downloads/glbtq-twospirit-final- report.pdf Williams, W. (1988). The Spirit and the Flesh: Sexual diversity in American Indian cultures. Boston: Beacon Press. First Nations of Quebec and Labrador Health and Social Services Commission. (2008). We Are Part of a Tradition. Retrieved from personal communication from organization. O'Brien-Teengs, D. (2008). Two-Spirited Women 2nd Edition. Toronto, Ontario. Retrieved from, www.2spirits.com/Introduction.pdf Blinkly, G. (October 26, 2009). Hate crimes, Media and Two spirits. Huffington Post, p. A1
UBC Graduate Research
Reclaiming the traditional role of Two-Spirited people in post-secondary and community education Plaut, Shayna; Kirk, David 2012-09
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