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Movin' On Up
Huge expectations, a lost season and whispers of doubt motivated Al Jefferson to reshape his body and take care of his game. His hard work is paying off.
This article is taken from the upcoming edition of Parquet Magazine, available exclusively at the TD Banknorth Garden on gamenight.
Al Jefferson's right ankle just wouldn't heal. And while he was trying to shrug off the physical pain, at times, he might have been in more emotional pain over the offseason.
He thought that aside from Danny Ainge, no one believed how hurt he really was.
Jefferson had already suffered a right ankle sprain at the start of training camp in October 2005. So when it happened again on a Friday night in early February, just as he was starting to pick up some steam after a string of four solid games, and he struggled with pain as he attempted to rehab the ankle, the whispers started:
Is Big Al soft? Is he really hurt? Why isn't he back yet? He just sprained his ankle.
The injury ended his sophomore season after just 59 games. But months later, in retrospect, it might have been the best thing that ever happened to Jefferson in his young professional career.
"I'd finally got back and got where I wanted to be, and then bam! It happened again," Jefferson said. "But everything happens for a reason, and I'm glad it happened. It made me understand that if you want to do what you set out to do, you've got to work hard at it.
"It kind of knocked me back into reality."
"Again! Again! Be a beast, Big Al!"
Clifford Ray's voice is echoing through he gym as he hollers at Al Jefferson. He's demanding that Jefferson pick up the basketball off the floor, bring it up to the basket and put it in off the glass in one fluid motion. When it drops through the net, Ray slams it back on the floor in front of Jefferson and delivers the same instruction.
Within minutes, Jefferson's sleeveless t-shirt is soaking with sweat, practically begging to be rung out over a tub. Big Al's got a lather going, and he's trying to catch his breath. It's late May, the Celtics' season is over, but Jefferson is working out with Ray on his footwork and post-up moves. As Jefferson puts it, he wants to be a "beast in the paint".
"That's the message," Ray said. "If you want to be nice guy, get off the floor."
Ray played 10 years in the NBA, helping lead the Golden State Warriors to an NBA Championship in 1975, and has held several coaching positions in the league since 1987. But he's really carved out a niche tutoring some of the NBA's best bigmen. Dwight Howard and Ben Wallace are just a few of Ray's star pupils.
Jefferson is his newest student, and according to Ray, he's a willing learner. Ray contends that it takes five years for a big to truly develop, and if that's the case, Jefferson is just scratching the surface of his potential.
"There's no secret formula. It's a process," said Ray, who beams when he talks about Jefferson. "I'm going to give him a foundation. But he knows he belongs and he wants to be a great player. This summer when I first got here, he said, 'Coach I'm so happy you came here, because people don't think I can play, and I just want to show people that I'm not lazy and I'm a hard working player.'"
Jefferson's always been blessed with the rare, valuable combination of size, soft hands and quick feet, but such natural abilities will only get a player a chance at a roster spot in the NBA. Honing those abilities, learning the tricks of the trade and understanding how to use them against larger, stronger and more experienced opponents is what allows a player to truly make an impact - and especially for 'bigs', it just doesn't happen over night. Young bigs need to learn how to set NBA-caliber picks, protect the basket, use leverage in the post, seal off their man, see cutters, pass out of double teams, keep opponents off their backs, establish their rebounding position, finish strong with both hands, and just generally be physical. And they need to do all of this without fouling out, which still proves vexing for Jefferson at times.
"He went straight out of high school to the top. So there's a lot of things that Al just doesn't know," Ray said. "It's not that he couldn't do them, he just doesn't know. And how can you have a great basketball I.Q. if you've only played a few years of high school basketball?"
Big Al dominated his competition in high school, and at times was the tallest player on the floor by eight inches or more. Vickie D. King/The Clarion-Ledger, Jackson, MS
Jefferson grew up in Prentiss, Mississippi, a small village 55 miles outside of Jackson. Playing for the Bulldogs at Prentiss High School at 6'9" and 250 lbs. at the time, Jefferson was literally the biggest thing many locals had ever seen. Hence the simple, but fitting nickname: "Big Al".
The story goes that his English teacher in high school, Minnie Magee, had to find a bigger chair for him to sit in, because Big Al was just too big to fit in the standard desks in her classroom. And those who saw him play in high school recount how he was the biggest kid on the floor on some nights by eight inches. "He looked like a football player out there, a man among boys," says Rusty Hampton, Sports Editor at the Clarion-Ledger in Jackson, Mississippi. Another story in the Clarion-Ledger compared Jefferson's opponents to "small terriers yapping up at a Great Dane."
Jefferson absolutely dominated and overwhelmed his competition. Opponents would try to beat the Bulldogs by pressing his teammates in the backcourt, but all they had to do to break the press was launch the ball across half court, above everyone else's head, and Jefferson would catch it where no one else could. Once he had the ball, he could dribble behind his back and pull up for a three if need be (and he often did), but why not drive the lane and shake the backboard with crowd-pleasing dunk? Who was going to stop him? You could foul him, but that wouldn't stop him either, because he could hit 20 free throws in a row, like he did in a garden-variety 56-point effort one night.
Big Al averaged 42.6 points, 18 rebounds and seven blocks per game in his senior year at Prentiss, and when the word got out that Memphis Grizzlies President of Basketball Operations and NBA legend Jerry West was in the house to scout Jefferson at a regular season game, Jefferson said he wanted to put on a show. He didn't even recognize West when he looked for him in the bleachers during the game that night, but he knew who he was and what he could potentially mean to his future. So Big Al dropped a rather big triple-double: 62 points, 21 rebounds and 11 blocks.
Named Mr. Basketball in Mississippi that season, Jefferson racked up plenty of national accolades; he was named to the McDonald's All-American team, the Parade and USA Today All-America first teams, and played for the 2004 USA Men's Junior National Select Team. But despite the pervasive attention, Jefferson remained a humble country boy who liked to go fishing to get away from the hype. While he'd committed to go to the University of Arkansas, talk of the National Basketball Association grew louder, and it became clear that he was a projected lottery pick and at least a first-rounder.
Still, observers said that he seemed uncomfortable with all of the attention.
"In all my dealings with Jefferson, I always got the sense he was an extremely humble young man who seemed so grateful for his basketball gifts," said Bill Spencer of the Clarion-Ledger, who's covered Mississippi high school basketball since 1978 and seen plenty of talents like Clearance Weatherspoon, Chris Jackson, Othella Harrington, Jonathan Bender and Travis Outlaw find their way to the NBA.
"He's just a country kid from a small town in Mississippi, and I don't think he'll ever forget his roots or the people in his hometown or home state."
The 15th selection in the 2004 NBA Draft, Jefferson made a splash in his rookie year after a nice showing in the Celtics 2005 first-round playoff series loss to the Indiana Pacers. While he had strong showings in Game 1 and Game 4 of the series, his 11 points, 14 rebounds and two blocks in Game 6 really opened eyes and heightened expectations as well. Before he knew it, Jefferson was on the cover of the Celtics media guide, and ready or not, he was cast as the future of the franchise.
Was it fair to expect so much so soon? Probably not. But Jefferson now realizes that he should have responded to the challenge. In fact, it might have taken something of a bottoming out for him to realize where he needed to go. While he'd occasionally have a big night and show flashes of brilliance in the low post, he couldn't seem to bring it on a nightly basis. Jefferson slid in and out of the starting lineup, and his poor play on the defensive end was making him a liability. At times he was so bad that he had to be pulled from the game when it was clear he didn't understand where he was supposed to be on the floor, and his man was scoring at ease. Celtics Coach Doc Rivers, who would rave about Jefferson's personality, said on more than one occasion that if he wasn't scoring the basketball, he didn't have any value on the court because his defense was so poor.
"He gets himself into positions that when he gets there, you have to write down on a piece of paper, 'we've got to teach him that, too.' I don't think he guarded a whole bunch of centers at Prentiss," Rivers said at the time after taking him out of the starting lineup early that January.
Such growing pains led to inconsistent minutes and limited opportunities to show he belonged in the NBA. Rivers wasn't going to just hand Jefferson minutes; he said time and time again that effort would earn him playing time. But something had to give, because the team knew Jefferson had star potential.
When the Celtics made a seven-player trade with the Minnesota Timberwolves on January 26, 2006, part of the plan in including Mark Blount in the swap was freeing up some playing time for Jefferson. That point was not lost on Big Al, and he seemed to respond immediately, playing four consecutive strong games. Three days after the trade, Jefferson posted a 12-point, 12-rebound effort against the Milwaukee Bucks. He followed that up with 10 and 10 against the Timberwolves, and then a 17-point, seven-rebound night against the Phoenix Suns. And Friday against the Los Angeles Clippers, he'd played just under seven minutes in the first half and had already racked up a block and six rebounds as he went up for his seventh board of the game.
Trying to gather the ball, Jefferson came down awkwardly on Chris Wilcox's sneaker, his un-taped right ankle buckled beneath him, and he instantly collapsed to the parquet in pain. Watching him crawl like an inchworm along the baseline under the basket, writhing in pain, it was obvious that he was done for the night.
Even though he returned to the floor just about a month later on March 1 against the Miami Heat and played 12 more games, the bone bruise on his ankle effectively ended his season. He logged a DNP against the Toronto Raptors on March 22 and was designated as inactive for the rest of the season.
"I shouldn't have played the games I played after I twisted my ankle because it was really hurting. I really embarrassed myself because I couldn't move like I wanted to. I was in really bad pain, I really was. I tried to play through it, I tried to be a monster and just come back and play. But I failed," Jefferson said. "There's a certain pain that you just can't play through."
"I disappointed myself last year, but I'm here to take care of my game," Jefferson said in an interview with Celtics.com. "If you take care of your game, your game will take care of you."
While he hoped that his ankle had mostly healed, pain from the bone bruise was still lingering, but he was in the gym again in May, working out twice a day with Celtics Strength and Conditioning Coaches Walter Norton Jr. and Bryan Doo. He'd decided he was going to deal with the pain, get "Karl Malone tape jobs" (basically, tape his ankles as tight as humanly possible) and make the necessary sacrifices to transform his body.
So he worked with Norton and Doo to create a training plan, and the first step was to strip him down and get him as lean as possible. For a guy who first reported to the Celtics as a rookie with just under 25% body fat, there was a long way to go. So Jefferson hired a personal chef, and overhauled his diet with the help of a nutritionist. Norton says that Jefferson must have called him "literally 50 times" from the supermarket or restaurants looking for advice on which foods were better for his body. While he'd work out with Norton and Doo in Waltham during the day, he was going to Doo's house at night to get in his second workout. Jefferson constantly credits them with dedicating their time to him over the summer, but the coaches talk about how Jefferson really started responding to the training when he could see the results in his game.
"He made a conscious decision that he wasn't content with his level of play and where his body was based on his potential. He wanted to put in two-a-days when a lot of other guys around the league were still taking time off," Norton said.
Mostly, Jefferson talked about wanting to improve his conditioning. Too often he was running out of gas, gasping for breath and having a hard time making it up and down the court after a few minutes. Rivers had told him that he didn't work hard enough in his first offseason, and at first Jefferson didn't agree, but reflecting back on what happened in his second year, and knowing that he'd disappointed himself and his team, Jefferson came around.
While he's always a pleasant guy to be around, there seemed to be an edge to Jefferson that hadn't been seen before. He sounded determined about reshaping his body, but clearly didn't like talking about his ankle. Even though he was convincing himself that he'd healed physically, mentally, his ankle was still front and center. He shuddered at the thought of re-spraining the ankle, and admitted that he even thought about ankle injuries watching other players jumping up for rebounds in traffic. And when it was really hurting him like it did in the Toshiba Vegas Summer League, Jefferson started to get a bit defensive. Asked if the ankle was still hurting him after a summer league game, Jefferson, out of character, responded curtly: "The only time I think about it is when you guys ask me."
Jefferson planned to take about two weeks off after Vegas and then get back to work. But upon returning to Boston, another MRI discovered something that hadn't been seen before: bone chips in his right ankle. Jefferson went in for what was termed a "successful minor arthroscopic surgery on his right ankle."
For Jefferson, the result was anything but minor. The surgery validated Jefferson's claims that he was in constant pain, and the longer the injury wore on, the more Jefferson had to wonder if anyone believed how hurt he really was. He still says that Ainge was the only person who really showed him that he believed how much pain he was in; Ainge told Jefferson that he had a similar bone bruise injury when he played and knew how debilitating it could be.
"When the summer was over, and he got the surgery, people said, 'Oh, he really was hurt.' At the time, you really don't know how much pain a guy is in," said Ryan Gomes, who worked out with Jefferson on a daily basis over the summer. "I felt he was getting a little discouraged and down because he just kept hearing 'hurry up, get back', or the negative things, and I think that motivated him a little bit more."
The first day he was allowed to ride the exercise bike out of his protective boot, he was ready to go, and the next step in his offseason program was to develop his speed, quickness and explosiveness. "That's where he really responded, and that's where we knew he'd have a tremendous advantage on other people," Norton said. "And it's not just his first jump that's better, it's his ability to get off the ground repeatedly, which is a more important attribute for playing well in the NBA." Meanwhile, Jefferson continued to shed body fat, getting down to 7.7% to start the season, a transformation Norton calls "ungodly" given where Jefferson had been just a year ago.
Al Jefferson is getting accustomed to facing double teams on a nightly basis as he becomes a focal point of the Celtics attack. Elsa/NBAE/Getty
Jefferson seemed primed for a breakout season with a sleeker, streamlined body and a fresh slate of games ahead of him. But three games into the year, a "stomach ache" that turned in to an emergency appendectomy - is there any other kind? - sidelined him for 10 days and seven games. Jefferson dropped about 10 more pounds after the appendectomy, and got a pretty good scare to boot, but he seemed to take it all in stride, and hey, at least it wasn't another ankle sprain.
He returned on November 22 against the Charlotte Bobcats, and for the next two weeks the Celtics eased him back into the rotation. But center Kendrick Perkins' nagging plantar fasciitis injury finally led the Celtics to shut him down on December 6 for a few weeks, thrusting Jefferson into the center spot.
Big Al responded that Saturday with his best game as a pro, a 29-point, 14-rebound effort in a 92-90 win in New Jersey that Nets Coach Lawrence Frank called "dominant." Falling behind by 20 points in the first quarter, Pierce and the Celtics made a point of feeding Jefferson in the post as they mounted a comeback, and the victory sparked a five-game winning streak for the Celtics that featured strong play from Jefferson throughout. Facing tough centers like Emeka Okafor, Marcus Camby and Eddy Curry, Jefferson rose to the challenge.
His conditioning was clearly improved from last year, but Jefferson's slimmed-down frame also made him quicker. In fact, some observers even suggested that the appendectomy had been a blessing in disguise, forcing Jefferson to shed even more weight than he'd originally intended.
Either way, it was clear that carrying less weight allowed Jefferson to carry a greater load for the Celtics' offense. While he's still learning what moves he can get away witon the block (referees have rung him up for traveling quite a bit), his up-and-under post-up moves were happening faster, and he was dusting off some headfakes and drop-steps that haven't been seen from a Celtics pivot since the days of Kevin McHale's "slippery eel". And when it came to rebounding, Jefferson was now getting up off the floor a second, third and fourth time in succession, a skill that he'd worked on developing over the summer with Doo and Norton, and one that's highly relevant to his work in the paint. His rebounding numbers jumped because he was doing something he almost never did last year, tipping the ball to himself when he couldn't grab it cleanly, or simply tipping it in off the glass for two.
Along with improved rebounding, Jefferson's also starting to block shots again, and it all gets back to his improved agility and conditioning. "You'll see him get rebounds where he goes up five times in a row," Norton said. "And he's blocking more shots this year because not only is he quicker, but he's elevating higher up off his feet."
Against the Knicks the following Monday at Madison Square Garden, Jefferson was beating Curry up and down the floor and watching him gasp for oxygen, something to which the old Al Jefferson could certainly relate, and he finished with 14 points and 12 rebounds in the win over the Knicks. Against Charlotte, Okafor must have blocked his shot "five or six times" according to Jefferson, but Big Al kept going at him in the 106-100 win, and he finished with 22 points and 10 rebounds.
His progress is not lost on his teammates, and they have started to understand how to motivate him as well. Brian Scalabrine talked up Camby before the Denver Nuggets game, telling Jefferson that the veteran shotblocker would give him problems. And Pierce was also getting in Jefferson's ear about Camby.
"Before we played Denver, Paul asked me, 'Is your name Al or Big Al?' And I told him, 'My name is Big Al.' And he said, "Show me." He has a lot to do with my success, he's keeping the ball in my hands and looking for me."
Pierce said he sees a guy who continues to improve his play as his confidence grows, and that Jefferson's improvement had to do with playing smarter and finally being healthy. So it just made sense to try to make Jefferson a focal part of the Celtics' offense.
"I know what kind of ability he has, and if he demands the ball, I want to get it to him because I know what kind of potential he's got down low," Pierce said. "When you've got a man with that type of potential down there scoring, it takes a lot of pressure off of me."
After all of the prodding from his teammates, Jefferson had another huge game against the Nuggets, scoring 28 points and grabbing 10 rebounds.
Afterward in the locker room, Jefferson looked at Scalabrine and asked, "Who's next?"
Maybe the real question is, "what's next?" While he's made great strides, Jefferson knows that he's really only embarking on his journey. He's planning to be back in Boston again this summer, and now that he's shed the body fat, his next move is to add strength without sacrificing the quickness and agility he's developed this year.
Once a man among boys in his high school days, Jefferson is really still a kid at age 22. He needs to work on establishing his position and keeping it against the grown men of the NBA. He still needs to roll to the basket with more authority on pick and rolls, and he still needs to bring a consistent effort on the defensive end every night. But after seeing the results of dedicating himself to improvement last summer, Jefferson is excited about the road ahead.
"I'm going to be even better, because I know I can do it," Jefferson said. "I know that if I put the hard work in that I'll get what I want out of it."


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Mamanista! » DVD, Educational, Learning, Sign Language, Video » Best Baby Signing DVD: Teach Your Baby Sign Language!
Best Baby Signing DVD: Teach Your Baby Sign Language!
Baby Diva looks quizzically at me, "Babagagadadamama…da." Yes, well, fascinating. Perhaps you want a hug? or this toy?
More emphatically, "BABAGAGAdadamama….da." You make a good point kiddo, unfortunately I do not know what it is. Are you wet? You just ate, so you aren't hungry.
Now she is starting to get frustrated: "BABAGAGA WAHHH WAHHH." What does she want? Wouldn't it be great if she could just tell me?
This exactly the sort of scenario that creates the market for baby signing DVDs. These companies want parents to know that baby can communicate through sign language before he or she is ready for complex speech.
And what do you know? They are right! I've personally seen dozens of babies, just a month or two older than Baby Diva, signing to express themselves. Having seen baby signs in action, my next question was whether or not teaching Baby Diva to sign would benefit our family.
According to the latest research signing seems to actually accelerate and enhance speaking and learning! Not only that, but signing has been known to head off toddler tantrums. Because your tot can tell you what he wants, he doesn't need to throw a fit. That alone is worth it.
Now, I know some Spanish, and a little Russian, an I've occasionally been complimented on my English, as well, but no sign language. I have a book, which is a helpful reference, but doesn't allow me and Baby Diva to see the signs in action.
So, off to buy a baby signing video…and oh my goodness! Who knew there were so many! Well, Baby Diva tested all of the likely contenders and here are her picks.
We reviewed Baby Signing Time, Baby Einstein – My First Signs, and My Baby Can Talk – First Signs. We also watched Baby See N Sign Vol 1, but we did not find it as exciting as the other three.
Let me begin by saying that Baby Diva was mesmerized by all of these videos designed to teach baby to sign. Then again, she very rarely gets to see the box on, so the novelty factor was strong. Being a more experienced video-viewer, I am a little pickier. Overall, however, I was impressed by the quality of these videos.
Baby Signing Time – Mamanista's PICK!
Baby Diva's reaction: giggling, waving, attempting to clap and comically missing the other hand, smiling and laughing when I make the signs
Mama Luxe's reaction: To be upfront, Rachel Coleman is perkier than Super Dad's coffee, but babies seem to like that stuff. Her signing is the clearest of any of the video hosts we watched and she uses a special technique, wrapping her fingers in colored tape, to make them even clearer. I like that the vast majority of the video is adults, children, and babies interacting. There are also cartoon shorts sprinkled throughout. In thematic sections, signs are introduced, demonstrated, illustrated, repeated, and then eventually combined.
Coleman's original songs give this video an edge–the perfect audio and visual learning experience for parents and babies who are signing beginners.
And, if you enjoy Baby Signing Time 1, there is a volume 2, an entire series for children, and plenty of other written materials, CDs, and more.
Coleman's story is incredibly compelling; I recommend visiting the website even just to read about her and her family!
Signing Time is so confident in their product, they offer free sample clips on their website. Their website is also a great resource with forums, crafts, and activity guides.
Just the Facts: Signs include: Eat, Drink, Cracker, Water, Cereal, Milk, Banana, Juice, Finished, Mom, Grandma, Dad, Grandpa, Diaper, Potty, More, Bird, Fish, Cat, Dog, Horse, Frog, Hurt, Where, Baby
Bonus materials include: information and tips on teaching your baby to sign, a sneak preview of Vol. 2, and Rachel signing the theme song
Run time: 30 minutes + special features
Available: Direct from Signing Time: $19.99; From Amazon.com: $19.99
Baby Einstein – My First Signs
Baby Diva's Reaction: staring, and more staring
Mama Luxe's reaction: I am aware that this makes me a heretic in the parenting world, but I just don't like most of the Baby Einstein series. However, this video is better than the others I have seen. The video still has the puppets, including an adorable family of cat-like creatures, but far fewer segments focused on the toys. The hostess is the accomplished actress, Marlee Matlin, and she is warm and pleasant in this video.
Baby Einstein seems to have learned from the critiques of its Language Nursery–First Signs teaches actual signs connected with corresponding images, rather than providing a random, impressionistic introduction. There are lots of smiling babies and adults interacting and some artwork. As with all of the videos I reviewed, adults, toddlers, and older kids demonstrate the signs.
Overall, this is a fine introduction to signing with baby that Baby Diva and I enjoyed watching together.
Just the Facts: Signs include: Baby, Daddy, Mommy, Kiss, I Love You, Milk, Cereal, Eat, More, Play, Help, Friend, Ball, I Love You, Stop, Go, Sleep, Bath, Story, Blanket, Please, Thank You;
Bonus material includes: Discovery Cards (Opposites: Movie Flashcards): Boy, Girl, Happy, Sad, Clean, Dirty, Up, Down, Hot, Cold, In, Out; Sign With Me (Flash Cards): Signs in the DVD; Signing with Baby (Basic Signs): Yes, No, Good, Bad, Water, Want, Share, Potty, Hurt, Sorry, Hug, Love; Puppet Shows; Toy Chest
Run Time: 27 minutes + special features
Baby Einstein – My First Signs: $15.99 at Amazon.com
My Baby Can Talk – First Signs
Baby Diva's reaction: Stared for a while, then eventually got distracted
Mama Luxe's reaction: A decent, if somewhat uneven video. If I hadn't seen the previous two, I would be very happy with this one. As with most of the videos, there are lots of nice images and smiling babies and kids. There is also a second video in this series.
Although the video says it is for 10-36 months in the tutorial, I think this video is aimed older than the others I viewed. As fun as it is to learn the sign for giraffe, I think Baby Diva is more interested in milk right now.
Other features toddlers and pre-schoolers might appreciate: a young child explains when you use the signs and/or why these are the signs "please helps you get cereal" or "like smelling a flower." I did like that the video combines some signs, such as "please, apples, thank you": "Please helps you get apples…Thank you helps you get apples next time."
There are some fun mini-skits and rhymes ("Socks that are little, socks that are big, socks on a bear, socks on a pig"). True, the "raps" do not have the highest production values, but a baby won't care. The video also has some fascinating information for adults about sign language, such as how the signs were created, but nothing you can't find on the Internet should you be interested.
Just the Facts: Signs include: Monkey, Cereal, Please, Thank You, Flower, Hat, Baby, Ball, Boat, Share, Giraffe, Apple, Help, Mommy, Socks, Balloon, Bath, Airplane, Cracker, Lion, Shirt, Tree, Daddy, Elephant, Diaper, Train, Sleep, All Done
Run time: 45 minutes including parent tutorial
My Baby Can Talk – First Signs: $14.99 from Amazon.com
Filed under: DVD, Educational, Learning, Sign Language, Video
8 Responses to "Best Baby Signing DVD: Teach Your Baby Sign Language!"
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Doron Levin on Overproduction
Bloomberg.com: Bloomberg Columnists: Doron Levin
Another good column by Doron Levin. "Overproduction" is considered to be one of the "8 Types of Waste". It is also considered to be the "worst" type of waste by Toyota Production System practioners because overproduction (producing more than the market requires over a time frame) leads to all the other types of waste:
- Defects
- Overproduction
- Transportation
- Waiting
- Inventory
- Motion
- Unnecessary processing
- Not fully utilizing people's talent
Congrats to Doron for using the word "heijunka" (the concept of leveling production). It's overproduction to build large batches, because you might build a month's worth of product in three days, which leads to other types of waste. Or, if you're doing like GM, you're consistently building more cars than the market demands, which is leading to many forms of waste and pain.
Thanks for reading! I'd love to hear your thoughts. Please scroll down to post a comment. Click here to receive posts via email.
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A study in the American Journal of Medicine says most Americans are not getting the recommended levels of dietary fiber. Researchers found that individuals in the top 20% of dietary-fiber consumption had lower odds of developing metabolic syndrome, inflammation or obesity, while such conditions were more common among those who consumed less fiber.
Full Story:DailyRx.com


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We have a variety of serviced offices available to rent in Brown's Buildings, EC3. Each office space is offered at the best rates and suited to your individual needs and requirements.
This exclusive Grade II listed building is situated opposite the Gherkin and is close to Liverpool Street Station and Canary Wharf tube station. The centre is a building designed by the Dutch architect Berlage at the turn of the 19th century. The original tiling in the oriental style has been carefully restored to provide a stunning reception and common parts. The serviced offices have been designed around a full height light well and there is good natural daylight from the two frontages to Bury Street. Bespoke open plan and/or cellular glass fronted suites can be provided. A full range of corporate services are available including fully equipped boardroom and meeting rooms, leading edge IT infrastructure and on site support, professionally trained receptionists and comprehensive hospitality packages.
A range of serviced office suites near Canary Wharf station across the 28th and 29th floors will be available. Every serviced office delivers spectacular views across the whole of London. If you want to impress, look no further.Whether you require a small individual serviced office or a larger open plan space you'll benefit from a sleek fit-out and business efficient floor-plates. All serviced offices are impeccably furnished, Internet ready and complete with the latest digital telecom links. The reception area, boardroom and meeting room facilities are all designed with the Professions in mind. Floor to ceiling windows deliver natural light in abundance and the superior air-conditioning produces a perfect climate for doing business. The added 'WOW' factor Uniquely the top three floors of the building are giving over to private dining rooms, a first-class restaurant and a magnificent lounge bar which has uninterrupted 360 degrees views across the South-East. These facilities are EXCLUSIVE to tenants of the building and are the perfect setting to close important deals.
The centre boasts a roof garden on the upper floors. 13,000 sq. ft. of office space located on the first and second floors.
This business centre has two floors of refurbished, high quality serviced offices with great natural light in this landmark building. The majority of them have views towards the City skyline.
This impressive business centre offers space from just 1 workstation up to 500 workstations - short and medium term, with the freedom to decorate it to create your own identity. These serviced offices provide an impressive, inspiring and nurturing environment where it will be a pleasure to work, productivity will be enhanced and you and your team will feel valued. Features include: offices decorated to suit your business, meeting rooms with interactive TV technology, keyless entry using smart proximity cards, refreshment zones and break-out spaces, CAT5E cabling and 1Gb primary and backup internet lines.
Leadenhall Street is located in the heart of the City; adjacent to the Lloyds building, home of the insurance institution Lloyd's of London. The building is a stone's throw from Leadenhall Market, a beautiful covered Victorian market with stalls selling flowers, cheese, meat and other fresh food. Shops, pubs and restaurants are also located in the market buildings. The area is serviced by many bus routes and in close proximity to many tube and mainline stations, including: Monument, Bank, Fenchurch Street, Cannon Street, Tower Gateway, Tower Hill, Aldgate, London Bridge, Liverpool Street and Moorgate (12 minute walk).
The building has been refurbished to provide a clean, 'Shard' design throughout. There's a great roof terrace for all to use and plenty of lounge spaces amongst the array of private office space and meeting rooms.
High quality air conditioned business centre which has invested in the very latest IT and telecoms technologies. Designed to appeal to small start up companies, large corporates with short term overflow needs, or foreign companies entering new markets.
An outstanding modern building on a prominent corner plot sets the stage for fine, contemporary interiors with a double height atrium, and stunning workspace. The St Mary Axe office space enjoys a central location close to Liverpool Street station in the City of London. This centre offers all-inclusive pricing, so you can move in with peace of mind that there will be no unexpected costs each month.
The fastest panoramic elevators in Europe take visitors to the 30th floor and the large granite reception area with unforgettable unobstructed views of London coupled with multi million pound, five star fit-out, original commissioned artwork and fully trained corporate reception team will leave their clients speechless. This much anticipated skyscraper is the newest addition to the skyline and the tallest building in the City of London. Visitors have their breath taken away by the spectacular views across the City including landmarks such as St Paul's Cathedral, The Palace of Westminster, Tower Bridge, The London Eye, The Gherkin and The Shard. This impressive building makes the ideal location for companies looking for an all comprehensive and impressive work location in the heart of the City. The centre's aim is to make their clients' businesses successful and to ensure your business is the premium brand in your industry. They have invested in the development and enhancement of proprietary software that will drive their tenants' businesses. The high speed internet service is designed in house for the multi-tenant environment built for business and is unique to the industry. There is a highly qualified team on hand to ensure tenants have everything they need to keep their business running smoothly. The tenants' personal assistant becomes their one point of contact for all administrative needs. The office space is totally flexible; work spaces can grow into the office next door, tenants can renovate it if they wish, or expand into offices around the world. Take an office for just one month – or stay forever!
Below you can see the nearest areas to Brown's Buildings, EC3 where you can find serviced offices:


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German walnut two weight vienna regulator with porcelain dial, circa 1890. Dimensions: 52.5"H x 20"W x 8"D
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$139 for Three Months of Unlimited Fitness Classes ($300 Value)
Classes meet on the following schedule:
- Yoga: Monday and Wednesday from 1 p.m. to 2:15 p.m., and 5:30 p.m. to 6:45 p.m.
- Zumba: Tuesday and Thursday from 10:30 a.m. to 11:30 a.m.
- Belly dancing: Saturday from 12:30 p.m. to 1:30 p.m., and 4 p.m. to 5 p.m.
New Beginnings Fair
At New Beginnings Fair, staff members strive to help their clients find health and peace, and they have several methods for achieving these goals. They are certified in various styles of massage, including medical, deep tissue, and hot stone, as well as other holistic services, helping to heal what ails clients in the present.
1022 N Genesee Rd.
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+18107444077Get Directions


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Church threatens revolt over base
Catholics plan to pool resources across the country, step up opposition to proposed naval base
ucanews.com reporter, Jeju island
October 11, 2011
Priests and Religious from 15 dioceses in South Korea yesterday joined ongoing opposition to the building of a proposed naval base on Jeju island and have said civil disobedience might be employed if construction does not halt. Father Andrew Park Dong-ho said during a Mass, announcing the nationwide movement, that opposition to the project has now become "the decision of the Catholic Church" in Korea. Previous protests have been led by Church leaders and parishioners in Cheju diocese, led by its ordinary Bishop Peter Kang U-il. Now the diocese has been joined by justice and peace committees from 15 other dioceses across the country. Father Park, president of the Committee for Justice and Peace in Seoul archdiocese, also said in his homily yesterday that the Church opposes "a naval base on the island according to the teachings of Christ, who is peace." Some 1,000 Catholics including 350 priests and Religious across the country participated in the Mass to launch the movement. Fr Daniel Kim Chang-hoon, vicar general of Cheju who presided over the Mass, said "the Church has a duty to protect life and peace," further noting "the protest against the naval base is also one of the Church's duties." Following the Mass, participants issued a statement signed by 964 priests, 2,664 women Religious and 107 men Religious, and announced in the name of "Jesus Christ and faith" that they oppose the naval base construction on "the Island of Peace" – the island was so named by the government in 2005. The statement added that signatories would begin a civil disobedience movement if construction did not cease. Plans to build the base were announced in 2007 and construction is expected to be finished by 2014. Related reports: Peace plane flies in for protest rally Objections grow to Korean naval base
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Fitness trackers that count steps or monitor sleep are a dime a dozen. But what about if you want something to count your crunches or correct your form in the weights section in the gym?
Thankfully, there's a few wearable devices out there that can serve your muscle-building needs. While joggers have long enjoyed the benefits of GPS running watches, the latest gym wearables can guide you on your form, exertion and reps to help you get the best results faster.
Whether you're a die hard gym bunny or just looking for a way to add accurate information from your sessions to your daily activity tracking, there's a wearable to suit you.
Wareable big test: Best gym trackers pushed to the limits
Where older devices that tracked your movement proved useless on the static machines in the gym, the latest crop of heart-rate sensing tech means that you can get an accurate picture of your calorific burn, whether you're hitting weights or indoor cycling.
Here are some of our favourite wearable gym aids. Some are available now, some are coming soon and there's a few we are still having a play with.
Jabra Sport Coach Special Edition
Jabra's second generation wireless sports headphones make up for the lack of heart rate monitoring included in the Sport Pulse with an automatic rep counting mode that will track your sit-ups, press-ups and lunges.
Using the same motion sensor included in the first gen Coach buds, you can now pick from a host of different cross-training routines (or make your own) and you'll get a mix of tracked and timed exercises to help you burn those calories and build that muscle.
We've tried it and it works, and despite the shortcomings in the battery department, these great sounding headphones make a great gym partner.
Wareable verdict: Jabra Sport Coach Special Edition review
$120, jabra.com
Worn as an armband or on the upper leg, the GymWatch is one of the few wearables designed to measure strength. The user adds inputs the activity using the smartphone app, while the gadget measures motion. The resulting calculation delivers quantifiable strength data, whether its using free weights, pulley's or lifting the wearer's own body weight.
Read this: How wearables will become the heartbeat of the modern gym
Through the special formulas it is able to calculate explosive strength, speed strength and muscle strength in real time, while it can also determine half/full reps and give users advice on posture.
The software is not without its issues, but with strong vocal feedback and a big catalogue of supported exercises, it's a good fit for building muscle.
Want to know more? Check out our full GymWatch review.
$99, gymwatch.com | Amazon
Atlas Wristband
"The first wearable tracker that actually tracks your workout" raised $629k on crowdfunding site Indiegogo. It can detect motion on three axis and measures it against "exercise fingerprints" in order to determine what type of activity you're performing.
Read this: Atlas boss on the limitations for Fitbit and Jawbone
It knows if you're doing push-ups or bicep curls, and can even learn new exercises by analysing your motion. Atlas Wearables hopes to take advantage of the water resistant design in the future to so it can even track different strokes in the swimming pool.
It'll count your reps, measure your heart rate and won't let you get away with poor form.
Atlas has launched its second generation wearable (we'll have a review soon), but for now you can read our in-depth Atlas Wristband review to see exactly what we thought of the unique looking gym wearable.
$199, atlaswearables.com | Amazon
Fitbit Charge 2
Successor to the Fitbit Charge HR, the Charge 2 builds on the gym-friendly features introduced in previous Fitbit trackers.
It still has a built-in heart-rate sensor, which provides continuous information in real time for your workouts. This makes it perfect for zone training, allowing wearers to maintain intensity or crank it up in order to reach goals. As the information is displayed directly on the touchscreen display, it's easy to make quick adjustments.
Fitbit's SmartTrack tech is on board to automatically recognise activities like yoga or weight training offering baseline information. The new cardio fitness level testing will also give you a better insight into your fitness level. Unfortunately it misses out on the FitStar integration included in the Fitbit Blaze, but overall it's significantly better suited for throwing into your gym bag.
Wareable verdict: Fitbit Charge 2 review
$149.99, fitbit.com | Amazon
TomTom Spark Cardio + Music
The TomTom Spark is much more than a running watch and among its multisport tracking now includes a gym mode where you can monitor your heart rate from your wrist to see if you're working hard enough.
Essential reading: The big swim tracker test
It can also track treadmill and indoor bike sessions and monitor swimming sessions as well. There's also a built-in music player on board so you can grab some Bluetooth headphones and leave the phone in your gym locker.
Have a look at our in-depth TomTom Spark Cardio +Music review and check out our TomTom Spark 3, which packs in all the same features with a slimmer, more comfortable strap.
$249.99, TomTom.com | Amazon
Jabra Sport Pulse
You're already wearing headphones in the gym to keep you in the zone and block out all of the douchebag gym-bros right? So it makes sense to build the tracker into a pair of buds! The carbon-encased Jabra Sport Pulse earphones place the heart rate tracker right in the inner-ear.
There's a resting heart rate test while the Rockwell test allows users to calculate their VO2 Max by walking 1 mile at a comfortable pace. The Jabra headphones also team up with a companion app to offer voice guided zone and interval training.
Keep a look out for the new upgraded pair of Jabra Pulse in-ears, which add automatic and continuous VO2 Max level monitoring, improved sound quality and now comes with Comply foam tips to improve fit. We're busy testing them out, so stat tuned for our full review.
Sold on the Pulse? Check out our full Jabra Sport Pulse review.
Skulpt Chisel
The more affordable successor to the Skulpt Aim, the Chisel similarly measures body fat and muscle quality when placed on different areas of the body. It works by sending a small current to both the muscle and the surrounding fat.
As the current flows depending on the muscle's fitness, the app is able to determine the quality of 24 different muscle groups. There's no built-in screen this time, so users will have to track improvements over time and identify areas that require improvement using the companion mobile app.
Like the GymWatch, the Beast sensor is all about tracking what you can lift bro. Packing a series of motion sensors, the magnetic wearable can be worn around the wrist, on a Beast vest or slapped onto a weigh machine delivering a whole host of strength data including reps, intensity, starting strength and explosiveness.
Data is sent in real time to your smartphone or tablet or you can review progress through the web portal. You can also create custom exercises and get training advice on whether to up the load sets or the number of reps in your workout sessions.
From €249, thisisbeast.com
Athos, much like OMSignal and Hexoskin combines snug-fitting, biosignal monitoring sensor-loaded garments and a Bluetooth enabled wearable core chip in order to help athletes harness some of the most precise and in-depth workout data imaginable. Together the combo records the data of the entire body in motion and transmits it back to an app in real time.
Read this: The benefits of smart clothing explained
It is capable of recording every movement, muscle exertion, breath and heartbeat and could potentially revolutionise the way athletes train.
Core $199, liveathos.com
Shop for recommended fitness trackers on Amazon
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My name is Dugie Rio and I am a wonderful 14 weeks old male white and tan Chihuahua puppy who was just saved from Death Row in California where no one wanted me. I am a happy dog at only 4 little lbs that would do well going to puppy classes. Take me on car rides, walks in the park and I will become your very best friend. I get along great with people of all ages, gentle kids, with other dogs but have not been around cats before. I am a great dog that will do best in a home with a loving family that can give me lots of exercise, love and affection!
My adoption fee of $650. covers Spay/Neuter, Puppy shots up until I am adopted out, Bordetella, Deworm, Grooming, Microchip, Boarding Fees, Health Certificate, and transport cost from CALIFORNIA to SEATTLE. The adoption fee is firm, and helps cover the medical expenses of our other rescue dogs in need of orthopedic surgery, dental and teeth extractions, cherry eye removals and more. Donations are always appreciated to help us pay down our vet bills at Greenwood Vet. Ginger's Pet Rescue is a nonprofit 501 C 3 Organization. Please email for an adoption application.


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Training camp is fast approaching, when travel advisories for Bourbonnais are made with references to the arrival of the Bears and thousands of fans. Construction on Armour Road, which leads to the main entrance of Olivet Nazarene University, should make you consider alternate routes.
The Bears have some construction of their own to take care of, especially on offense as they are rebuilding things on the fly with new offensive coordinator Mike Martz and a cast of other new assistants.
It's a thick playbook and there is still a learning curve in place, but with four preseason games and a month-and-a-half to prepare, the Bears will arrive optimistic. They closed the offseason program with high hopes and Martz has a track record of improving offenses in his first season.
The Bears certainly need a major boost in production because the offense was one of the worst in the league a year ago and few are still talking about the defense returning to form now four seasons removed from a Super Bowl appearance.
You probably could assemble a dozen questions for the offense, but we'll hit three key ones here:
1. Will Jay Cutler deliver?
A franchise quarterback, which is what the Bears believed they were getting when they mortgaged two drafts to acquire Cutler from the Denver Broncos, ultimately is given that label because he makes the players around him better. It's difficult to argue that Cutler made those around him better in 2009. Sure, a few receivers made a few plays here and there and tight end Greg Olsen caught eight touchdown passes (three in a 41-21 loss to the Arizona Cardinals), but you can't say Cutler elevated the play of his teammates.
The Bears were dysfunctional on that side of the ball, and the team is hoping the blame belongs more with Ron Turner's old playbook than anything else. Because above and beyond all other factors entering the 2010 season, it's about Cutler guiding the Bears. The Bears paid handsomely because they were tired of trying to be perfect in all other areas and get by with a "game manager" at quarterback. They wanted their own big-time quarterback who could make up for deficiencies in other areas. They wanted a passer who could lead them back when the game was on the line. They wanted a passer that could put a game away for them in the second half so they didn't have to rely on a teetering defense and special teams.
Yes, the offensive line will be a major factor in the success level of the Bears and Cutler in 2010, but he was given a $30 million extension last fall for one good reason: it's on him to lead the Bears. He has to play better. Martz's system is predicated on timing and accurate passing. Cutler must improve his 60.5 percent completion ratio from 2009. It goes without saying he's got to cut down the interceptions and become a little more discriminatory where they're thrown. Basically, he's got to be a Pro Bowl-caliber player, something he was far from a year ago. With the addition of Martz, history would indicate he has an opportunity to improve significantly.
2. Can the Bears run the ball effectively?
It's come full circle on offense for the Bears. When Lovie Smith was first hired in 2004, he wanted to duplicate Martz's St. Louis offense. It was incredibly difficult for defenses to handle -- Smith went against it daily in practice -- and ultimately that led him to Terry Shea. When the B-plus experiment ended after one season, Smith talked about needing to run the ball in Soldier Field late in the season. The Bears needed to get back to their identity, and that led to the well-known bus that the Bears used to get off of running. Now, Martz is back in the picture and the Bears are seeking a potent attack.
The question is whether the combination of Matt Forte and Chester Taylor can deliver. After talking about taking some of the load off Forte a year ago, the Bears appear ready to do that even if they had to overpay for Taylor, who will turn 31 in September. He's a versatile back like Forte who does everything pretty well -- including catching the ball out of the backfield and blocking.
Forte is healthy after acknowledging that a fairly serious hamstring last offseason and then a knee sprain in Week 3 made it difficult to be himself. But Forte's rookie season totals are somewhat deceiving when you consider his production was in part due to being overworked. He averaged 3.9 yards per carry in 2008 on 316 carries, the fourth-most in the league. Taylor slumped some in Minnesota last season, averaging only 3.6 yards per carry, but it was a smaller sample size and the Bears like the fact that he's coming with low mileage after teaming with Adrian Peterson for the last three seasons.
Martz isn't going to be able to scrap the running game, and he's said the right things. It shouldn't be forgotten that the Rams were a very productive rushing team with Marshall Faulk early on with the Greatest Show on Turf. The Bears need to be able to be productive running the ball when they need to, that means grinding out the tough yard on third-and-one and grinding out the clock in the second half of a close game.
3. Will the O-line get the job done?
We detailed on Saturday the work Mike Tice has cut out for him as he tries to rebuild the offensive line with most of the same parts the Bears used in 2009. It's interesting because center Olin Kreutz has said before that you never know about a line from one year to the next. It's a fresh start, and that's something he has emphasized even after the team has come off years when the line performed well. This fresh start should be helped out if Chris Williams can pick up where he left off at left tackle at the end of last season. He needs to improve, but if the Bears can get that position right -- and they have hopes for the 2008 first-round draft pick -- they'll have the most important position nailed down. When is the last time you can say the Bears had a young left tackle to build a line around? From there, Kreutz needs to rebound from surgery to repair an Achilles tendon and prove he'll be a better player at 33. He's the ringleader and that is why there was no question he would return for the final year of his contract. If Frank Omiyale proves to be a natural at right tackle, away from the left guard spot he struggled at last season, the Bears will have a decent foundation because veteran right guard Roberto Garza has been a steady performer for four seasons running. Sure, there are some ifs involved but without first- and second-round draft picks, and without any top-level linemen in free agency, it's not like the Bears had a host of options.
Sponsored Link: Buy Chicago Bears tickets for the 2010 season here


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Happy birthday to Kaysen, Evie, and my little man Easton!
Hope you all have a great 2nd birthday! (Seriously can't believe they're this old already!)
Happy Birthday Easton, Evie, and Kaysen!
7 posts / 0 new
Sun, 02/13/2011 - 09:10#1
Happy Birthday Easton, Evie, and Kaysen!
Happy birthday to Kaysen, Evie, and my little man Easton!
Sun, 02/13/2011 - 15:02#2
This last year went by waaay too fast! Happy birthday, kiddos!
(And that is a seriously adorable pic of quite a ladie's man)
Sun, 02/13/2011 - 23:37#3
Happy Birthday Guys and Gal!!!!
Mon, 02/14/2011 - 20:15#4
Happy Birthday Kiddos!!!
Fri, 02/18/2011 - 22:20#5
Happy Birthday to all!!!
Sat, 02/19/2011 - 21:54#6
Happy Belated Birthday to your little ones! :cake:
Mon, 03/28/2011 - 11:42#7
I'm sorry I haven't been around. Thank you for the birthday wishes for Kaysen.


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Could This Be the First "Official" Image of the Corvette Zora C8?
Could this be it? The moment of Zora truth we've all been waiting for?
Comments | By Detroit Steel - July 26, 2016
Could this be it? The moment of Zora truth we've all been waiting for?
One of the things that's gotten lost in all the new C7 Grand Sport discussion is the deeper history surrounding the original Grand Sport.
Forget about building a mid-engine Corvette to compete with the Ford GT, how about competing with Porsche and Ferrari?
Imagine stumbling upon this headline: For Sale: Zora Duntov's Experimental 1955 Corvette $3,500 OBO.
We've gotten another sign indicating that the rumors of a mid-engine Corvette might be more than rumors after all.


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After the Wolf Pack came out of nowhere in the summer of '09 and turned into the stars of the highest-grossing R-rated comedy in history, it was only a matter of time before they returned for another round of bender-induced craziness. The hype has been palpable, the wait long, but now that they're back, does 'The Hangover Part II' live up to expectations?
Well, grab your beeper and hit the jump to find out.
Cedar Rapids
Three veteran attendees help a naive insurance agent (Ed Helms) cut loose at a convention. Read More
The Hangover
After a wild stag party, three groomsmen must find their missing pal before his wedding. Read More
The Hangover 2
An epic adventure ensues when Phil, Stu, Alan and Doug head to Thailand for Stu's wedding. Read More
categories Movies, Reviews, Summer Movies, New Releases


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Copyright 2016
American Institute of Steel Construction
All Rights Reserved
Click here to learn more about the Steel Conference!
2014 NASCC Presentations - March 26-28, 2014 - Toronto Please note that the session files are quite large and may take several moments to load. We recommend either Chrome or Firefox for the best playback experience.


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The Last Fight (1983)
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as Jesse Crowder
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decided: May 20, 1974.
LAKELANDS RACING ASSOCIATION, INC., APPELLANT,v.FAIRVIEW TOWNSHIP, APPELLEE
Appeal from the Order of the Court of Common Pleas of Erie County in case of Fairview Township v. Lakelands Racing Association, Inc., No. 1961-A-1973.
Robert J. Amelio, with him Dillman, Sheerer & Schuchert, for appellant.
Donald C. Buseck, with him Gary V. Skiba and Quinn, Gent, Buseck and Leemhuis, Inc., for appellee.
President Judge Bowman, and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Kramer.
[ 13 Pa. Commw. Page 562]
This is an appeal filed by Lakelands Racing Association, Inc. (Lakelands) from an amended order dated November 13, 1973 of the Court of Common Pleas of Erie County dismissing Lakelands' preliminary objections to a complaint in assumpsit filed by Fairview Township (Township) praying for judgment under the Township's amusement tax ordinance. Allowance of an appeal from the interlocutory order of the court below was granted by this Court under Section 501(b) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, as amended, 17 P.S. § 211.501 (b).
The Township enacted its amusement tax ordinance, to become effective March 27, 1972, on the basis of The Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257, as amended, 53 P.S. § 6901 et seq. Section 3 of the Township's ordinance states: "On and after the effective date of this ordinance, it shall be unlawful
[ 13 Pa. Commw. Page 563]
for any person to continue to conduct, or thereafter to begin to conduct, any form of amusement within Fairview Township, unless an amusement permit shall first have been issued. Every person desiring to continue to conduct or hereafter begin to conduct any amusement within Fairview Township, shall file an application for an amusement tax permit with the Board. Every application for such permit shall be made upon a form prescribed, prepared and furnished by the Board. . . . Upon receipt of a completed application form, the Board shall grant and issue to each applicant an amusement permit for each place of amusement within Fairview Township, valid for the calendar year of issuance. . . . Permits may be renewed annually before the first day of January, upon application made to the Board." Section 2(b) of the ordinance specifically includes "thoroughbred horse racing tracks" in its definition of "amusement." Section 4 of the ordinance provides: "A tax is imposed upon the admission fee or privilege to attend or engage in any amusement at the rate of one cent for each ten cents or major portion thereof, of the established prices charged the general public, or a limited or selected group thereof, which shall be paid by the person acquiring such privilege." Although Section 4 makes clear that the stated burden of the tax is placed upon the patron, Section 5 of the ordinance places liability for the collection and payment of any such tax upon the amusement operator.
Lakelands owns and operates a horse racing plant known as "Commodore Downs" within the boundaries of the Township pursuant to a license granted to it by the State Horse Racing Commission on May 24, 1973. Lakelands did not apply for the amusement permit required under Section 3 of the ordinance, nor did it collect any such tax or file any reports required under the ordinance.
On July 18, 1973, the Township filed its complaint in assumpsit seeking a judgment in an amount in excess
[ 13 Pa. Commw. Page 564]
of $10,000 plus costs; and interestingly, requested the court to grant "other relief that may be necessary to insure Defendant's compliance" with the ordinance. It would appear from the prayer of the complaint that the Township was also seeking equitable relief in its assumpsit action. The complaint generally sets forth the facts stated above, but fails to state the period during which Lakelands operated its racetrack subsequent to the effective date of the ordinance. The complaint merely states that "[o]n or about May 24, 1973, the Defendant began charging admission for entrance to its racetrack. . . ."
Lakelands filed preliminary objections in the nature of a demurrer wherein it was alleged that the Township's ordinance was invalid because: (1) it was contrary to the provisions of The Local Tax Enabling Act, 53 P.S. § 6901 et seq.; and (2) it imposed a tax on the admission price paid by a patron which price was already subject to a tax imposed by the Commonwealth of Pennsylvania (Commonwealth) pursuant to the Act of December 11, 1967, P.L. 707, 15 P.S. § 2651 et seq. [hereinafter State Horse Racing Law]. In dismissing the preliminary objections, the court below held that the Commonwealth had not preempted the field, and secondly, that, under its interpretation of the applicable statutes, the Township had statutory authority to levy the subject amusement tax.
On appeal to this Court, the same issues are presented to us, i.e., whether the Township's amusement tax is invalid because the Commonwealth has preempted the field, and also whether the Township's amusement tax is contrary to the provisions of The Local Tax Enabling Act.
In view of the procedural posture of this case, our review is restricted to the lower court's ruling on the preliminary objections. Therefore, we will accept the allegations of properly pleaded facts found in the complaint
[ 13 Pa. Commw. Page 565]
to be as stated above and decide this case on the questions of law presented.
[ 13 Pa. Commw. Page 566]
Section 2 of The Local Tax Enabling Act, 53 P.S. § 6902, provides in pertinent part: "The duly constituted authorities of the . . . township of the second class . . . may, in their discretion, by ordinance or resolution, for general revenue purposes, levy, assess and collect . . . such taxes as they shall determine on persons, transactions, occupations, privileges, subjects and personal property within the limits of such political subdivisions. . . . Such local authorities shall not have authority by virtue of this act: . . ." (3) Except on sales of admission to places of amusement . . . to levy, assess or collect a tax on the privilege of employing such tangible property as is now or does hereafter become subject to a State tax. . . ." It seems clear under the wording of this statute that the Township has the power to levy a tax on admissions to places of amusement. The problem arises by virtue of the fact that the Commonwealth, in 1967, provided for a tax on the admission price to a thoroughbred horse racetrack. This problem necessitates another reference to The Local Tax Enabling Act, namely, Section 3, 53 P.S. § 6903, wherein it is stated: "If, subsequent to the passage of any ordinance or resolution under the authority of this act, the General Assembly shall impose a tax or license fee on any privilege, transactions, subject or occupation, or on personal property or on sales of admissions to places of amusement. . . the act of Assembly imposing the State tax or license fee thereon shall automatically vacate the ordinance or resolution passed under authority of this act as to all taxes accruing subsequent to the end of the current fiscal year of such political subdivision. It is the intention of this section to confer upon such political subdivision the power to levy, assess and collect taxes upon any and all subjects of taxation, except as above restricted and limited, Page 566} which the Commonwealth has power to tax but which it does not tax or license, subject only to the foregoing provision that any tax or license shall automatically terminate at the end of the current fiscal year of the political subdivision." (Emphasis added.)
The Township contends that by virtue of both Sections 2 and 3 of The Local Tax Enabling Act, the court below properly held that the legislative intent was to permit the Township to levy this amusement tax in addition to the same tax levied, albeit at a higher percentage, viz., 15%, by the State on the same admissions. We cannot agree.
Prior to The Local Tax Enabling Act and its predecessor, the 1947 "Tax Anything Act,"*fn1 a municipality, under the long-established principle of preemption, could only enact tax ordinances in those areas where there was no prior State tax statute. It seems clear, therefore, that the legislative intent of the words, "If, subsequent to the passage of any ordinance," found in The Local Tax Enabling Act was to make it clear that the Commonwealth was preserving its preemption powers with respect to any tax which it might later (after the passage of The Local Tax Enabling Act) desire to enact exclusively.
The Township contends that because its ordinance taxes the patrons of all places of amusement in the Township and is not restricted solely to racetracks, that there is no duplication of the State's 15% tax. The Township places great reliance upon two recent opinions of our appellate courts, but that reliance is misplaced. In both F.J. Busse Company v. Pittsburgh, 443 Pa. 349, 279 A.2d 14 (1971) and Munnell Appeal, 219 Pa. Superior Ct. 525, 281 A.2d 906 (1971), the respective appellate courts held that the municipality's
[ 13 Pa. Commw. Page 567]
taxes and the Commonwealth's taxes in question were in fact different from each other and, therefore, the principle of duplication was not involved. Justice Pomeroy, in Busse, supra, stated the test used in determining whether a tax duplicates another tax and results in double taxation which is prohibited. He noted that the incidence of the two taxes is controlling and that the incidence of a tax embraces the subject matter thereof and, more importantly, the measure of the tax. Thereafter, he concluded that the local ordinance did not duplicate the State tax "because it does not tax the same subject matter, nor is it measured by the same tax base." 443 Pa. at 357, 279 A.2d at 18.
Applying that test to this case, it becomes obvious that the Township's amusement tax is on the same subject matter, i.e., the admission price of the patron and it is measured by that same base.*fn2 It is also important to note that the Commonwealth not only controls the tax rate on admissions to a racetrack, but it also controls the minimum and maximum charges for admission,*fn3 and the age of the patrons permitted to obtain admission to a track.*fn4
[ 13 Pa. Commw. Page 568]
The Township argues that since the Legislature, in Section 2(b)(1) of the State Horse Racing Law, 15 P.S. § 2652(b)(1), stated that the "minimum charges shall not be less than fifty cents (50 cents) for general admission, exclusive of taxes " that it must have intended to acknowledge the possibility of a municipality levying taxes in addition to the State admission tax. We do not believe this to be a valid argument for the reason that the use of the plural word "taxes" could just as easily be interpreted as pertaining to the plural of the word "charges" in the same section for the purposes of consistency. In addition, under the Statutory Construction Act of 1972, Act of December 6, 1972, P.L. No. 290, 1 Pa.S. § 1902, we are directed that "[t]he singular shall include the plural, and the plural, the singular" unless such construction would be inconsistent with the manifest intent of the Legislature. Our reading of the State Horse Racing Law leads us to the conclusion that the Legislature did not intend by the use of the term "exclusive of taxes" (15 P.S. § 2652(b)(1)) to include an additional duplicative tax levied by a municipality.
[ 13 Pa. Commw. Page 569]
The Township also relies upon two recent Supreme Court cases involving municipal amusement taxes on bowling alleys. A review of these cases, however, permits us to state that they are inapposite. In both Clearview Bowling Center, Inc. v. Hanover Borough, 430 Pa. 579, 244 A.2d 20 (1968), and Swatara Township Page 569} v. Automatic Bowling Centre, 419 Pa. 482, 214 A.2d 725 (1965), the municipalities levied an amusement tax on admissions to bowling alleys at a percentage rate of the amount charged for bowling or for admission. Our Supreme Court's decision in each case was based upon a distinction between a municipal tax on the patron and a State tax on the proprietor. In this case, the "stated burden" of both the municipal and Commonwealth taxes are on the same person, i.e., the patron.
The leading case in these matters is United Tavern Owners of Philadelphia v. Philadelphia School District, 441 Pa. 274, 272 A.2d 868 (1971). In that case, the court said:
"In Pennsylvania, cities have no power to act unless that power has been granted to them by the state legislative body by an enabling act. Moreover, even when cities have been given powers to act, if the state has preempted the field in a specific area, then in that area cities have no power despite the wording of the enabling act on which they rely.
"In determining whether, by the enactment of the specific statute, the Commonwealth completely barred a municipality's enactment of an ordinance relating to the same field, we will refrain from striking down the local ordinance unless the Commonwealth has explicitly claimed the authority itself, or unless there is such actual material conflict between the state and local powers that only by striking down the local power can the power of the wider constituency be protected." 441 Pa. at 278-280, 272 A.2d at 870-871. The court also laid down the following principle: "In Smith, Kline, [437 Pa. 197, 262 A.2d 135 (1970)] we interpreted 'state license fee' to mean only those fees imposed for purposes of raising revenue. By so doing, we ascribed
[ 13 Pa. Commw. Page 570]
to the General Assembly the same philosophy of preemption, as contained in the various tax-enabling acts, which we have followed in developing our own preemption doctrine in connection with other areas where state legislation and local ordinances must be reconciled, i.e., the philosophy of abstaining from striking down a local ordinance unless there is direct conflict with a state statute. In the area of taxation, that philosophy means that if the local tax is not imposed directly on specific transactions on which the state is dependent for revenues, then the local ordinance poses no real threat to the state's revenue plans. Consequently, the local tax is permitted. However, when the state decides to enter a specific area for purposes of raising state revenues, a municipal tax in the same area could pose a threat, either by causing a diminution of the taxed activity or by increasing the costs of collection. Consequently, the state has preempted that area insofar as specially directed taxation is concerned." 441 Pa. at 284-285, 272 A.2d at 873.
In summary then, following all of the principles which we have reviewed, we conclude that the Township's amusement tax ordinance is invalid for the reason that the Commonwealth has preempted the field by virtue of its 15% tax imposed on all admission fees paid by patrons at a thoroughbred racing track. We believe the legislative intent in inaugurating thoroughbred racing in Pennsylvania was a revenue raising venture. The taxes to be raised from the restricted number (only 6) of thoroughbred race tracks to be permitted throughout the Commonwealth are intended to benefit all of the people within the Commonwealth and not intended to create a windfall for the six municipalities wherein these tracks may be situated. Therefore, since the Commonwealth clearly intended to preempt the area, the Township's ordinance must fall
[ 13 Pa. Commw. Page 571]
because the incidence of the tax levied by the ordinance embraces the same subject matter as the State tax.*fn5
In light of these holdings, we
And Now this 20th day of May, 1974, based upon the foregoing opinion, it is ordered that the amended order of the court below dated November 13, 1973 is hereby vacated, the preliminary objections filed by Lakelands Racing Association, Inc., to the complaint of Fairview Township are hereby sustained, and the complaint filed by Fairview Township, filed July 18, 1973, at No. 1961-A-1973 in the Court of Common Pleas of Erie County is hereby dismissed.
Reversed. Preliminary objections sustained. Complaint dismissed.
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