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United States District Court, Third Circuit
December 12, 2013
ANTOINE M. BLACK, Plaintiff,v.THE CITY OF HARRISBURG, PENNSYLVANIA, by the HARRISBURG CITY POLICE DEPARTMENT, and DETECTIVE DONALD HEFFNER including UNKNOWN POLICE OFFICERS, Defendants.
CHRISTOPHER C. CONNER, Chief District Judge.
Plaintiff Antoine M. Black ("Black") filed the above-captioned action for civil rights violations pursuant to 42 U.S.C. §§ 1981 and 1983. Presently before the court is a motion to dismiss (Doc. 15), filed by defendants City of Harrisburg, on behalf of the Harrisburg City Police Department, and Detective Donald Heffner. For the reasons that follow, the court will grant the motion.
I. Factual and Procedural Background
The instant motion to dismiss comes before the court pursuant to Federal Rule of Civil Procedure 12(b)(6). Accordingly, the court will "accept all well-pleaded facts in the complaint as true and view them in the light most favorable" to the plaintiff. Carino v. Stefan , 376 F.3d 156, 159 (3d Cir. 2004).
Black is an adult male who, at all times relevant to the complaint, resided in Harrisburg, Pennsylvania. (Doc. 1 ¶ 5). Defendant Donald Heffner is a detective with the Harrisburg City Police Department ("Police Department"). ( Id. ¶ 7). Black alleges that, on August 17, 2010, Detective Heffner and other unknown police officers of the Police Department conducted an illegal search and seizure at Black's residence. ( Id. ¶¶ 6, 8).
On August 3, 2010, Probation Officer Jenkins reported a stolen 0.45-caliber Sigsaur handgun. ( Id. ¶ 9). On August 16, 2010, Detective Heffner interviewed Brittany Harris, who claimed to be aware of the stolen handgun from media reports. ( Id. ¶¶ 10-11). Ms. Harris allegedly informed Detective Heffner that she overheard Black attempting to sell a gun that matched the description of the missing handgun. ( Id. ¶ 13). Ms. Harris also allegedly possessed personal knowledge about Black, including Black's birth date and the birth date of his son, his address, and his living arrangements. ( Id. ¶ 12).
Relying in substantial part upon the information he received from Ms. Harris, Detective Heffner submitted an application for a search warrant, including an Affidavit of Probable Cause, to a neutral magistrate. ( Id. ¶ 7). The Affidavit of Probable Cause states that the Police Department expected a search of Black's residence to produce evidence of stolen government-issued equipment. ( Id. ¶ 15). On August 17, 2010, members of the Police Department executed the search warrant at Black's residence. ( Id. ¶ 14). The search produced no evidence of the stolen materials; however, the police officers seized currency in the amount of $13, 940 from a purse within the home, and $29, 000 found in a Tastycake box on the third floor of the residence. ( Id. ¶¶ 16-17). Black was not arrested and no charges were filed against him related to the search. ( Id. ¶ 18). Defendants placed the seized currency, totaling $42, 940, into evidence. ( Id. ¶ 19). On March 10, 2011, Black received $28, 980 of the seized currency when he objected to a forfeiture proceeding initiated by the Dauphin County District Attorney's Office. ( Id. ¶ 20). According to the complaint, a state court replevin action over the balance of the seized funds is pending. ( Id. ¶ 25).
On October 17, 2011, Black filed the complaint (Doc. 1) against defendants City of Harrisburg (the "City"), by and through the Police Department, and Detective Heffner for civil rights violations pursuant to 42 U.S.C. §§ 1981 and 1983. ( Id. ¶ 22). Specifically, Black alleged that, while acting under color of state law, defendants executed a search warrant without probable cause and illegally seized a large amount of currency. (Id.) Thus, defendants violated Black's rights under the First, Fourth, Fifth, Thirteenth, and Fourteenth Amendments to the U.S. Constitution, as well as Sections 8 and 9 of Article I of the Pennsylvania Constitution. ( Id. ¶¶ 22, 30). On December 13, 2012, defendants filed the instant motion to dismiss (Doc. 15) pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted. Black subsequently waived his claims regarding violations of the First, Fifth, and Thirteenth Amendments to the U.S. Constitution, as well as Sections 8 and 9 of Article I of the Pennsylvania Constitution. (Doc. 36 at 2). Thus, the court must resolve whether Black sufficiently alleges claims under 42 U.S.C. § 1983 for: (1) municipal liability under Monell v. Department of Social Services of the City of New York , 436 U.S. 658 (1978), (2) unlawful search and seizure in violation of the Fourth Amendment, and (3) deprivation of property without due process of law in violation of the Fourteenth Amendment. The motion is fully briefed and ripe for disposition.[1]
II. Jurisdiction and Legal Standard
The court has jurisdiction over the instant matter because the complaint presents a question of federal law. See 28 U.S.C. § 1331. Black alleges that defendants deprived him of his constitutional rights under color of state law. See 28 U.S.C. § 1343(a)(3).
Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for the dismissal of complaints that fail to state a claim upon which relief may be granted. FED. R. CIV. P. 12(b)(6). When ruling on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court must "accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief." Gelman v. State Farm Mut. Auto. Ins. Co. , 583 F.3d 187, 190 (3d Cir. 2009) (quoting Phillips v. Cnty. of Allegheny , 515 F.3d 224, 233 (3d Cir. 2008)); see also Kanter v. Barella , 489 F.3d 170, 177 (3d Cir. 2007) (quoting Evancho v. Fisher , 423 F.3d 347, 350 (3d Cir. 2005)).
Federal notice and pleading rules require the complaint to provide "the defendant fair notice of what the... claim is and the grounds upon which it rests." Phillips , 515 F.3d at 232 (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555 (2007)). To test the sufficiency of the complaint, the court must conduct a three-step inquiry. See Santiago v. Warminster Twp. , 629 F.3d 121, 130-31 (3d Cir. 2010). In the first step, "the court must tak[e] note of the elements a plaintiff must plead to state a claim.'" Id . (quoting Ashcroft v. Iqbal , 556 U.S. 662, 675 (2009)). Next, the factual and legal elements of a claim should be separated; well-pleaded facts must be accepted as true, while mere legal conclusions may be disregarded. Id .; see also Fowler v. UPMC Shadyside , 578 F.3d 203, 210-11 (3d Cir. 2009). Once the court isolates the well-pleaded factual allegations, it must determine whether they are sufficient to show a "plausible claim for relief." Iqbal , 556 U.S. at 679 (citing Twombly , 550 U.S. at 556); Twombly , 550 U.S. at 555 (requiring plaintiffs to allege facts sufficient to "raise a right to relief above the speculative level"). A claim "has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal , 556 U.S. at 678. When the complaint fails to present a prima facie case of liability, courts should generally grant leave to amend before dismissing a complaint. See Grayson v. Mayview State Hosp. , 293 F.3d 103, 108 (3d Cir. 2002); Shane v. Fauver , 213 F.3d 113, 116-17 (3d Cir. 2000).
III. Discussion
Section 1983 of Title 42 of the United States Code provides a cause of action to redress violations of federal law committed by state officials. See 42 U.S.C. § 1983. Section 1983 is not a source of substantive rights, but merely a method for vindicating those rights otherwise protected by federal law. Gonzaga Univ. v. Doe , 536 U.S. 273, 284-85 (2002); Kneipp v. Tedder , 95 F.3d 1199, 1204 (3d Cir. 1996). To establish a claim under section 1983, the plaintiff must show a deprivation of a "right secured by the Constitution and the laws of the United States... by a person acting under color of state law." Kneipp , 95 F.3d at 1204 (quoting Mark v. Borough of Hatboro , 51 F.3d 1137, 1141 (3d Cir. 1995)). Defendants do not dispute Black's contention that, at all times relevant to the complaint, they were "acting under color of state law." (Doc. 1 ¶¶ 7-8).
In the case sub judice, Black alleges that defendants violated his rights under the Fourth and Fourteenth Amendments by conducting a search without probable cause and seizing a large amount of currency without affording him due process of law. Defendants move to dismiss the claims against the City and Police Department because Black has not sufficiently alleged the elements of a municipal liability claim in accordance with Monell. Defendants also argue that Black cannot maintain his Fourth and Fourteenth Amendment claims because the search was conducted pursuant to a search warrant based upon probable cause. The court will address these issues seriatim.
A. Municipal Liability
Defendants assert that Black has not set forth sufficient factual allegations to sustain a section 1983 claim for municipal liability against the City and Police Department. Under 42 U.S.C. § 1983, municipal defendants cannot be held vicariously liable for the actions of their employees or agents under a theory of respondeat superior; municipal liability only arises when a government causes an employee to violate another's constitutional rights by an official custom or policy. See Monell v. Dep't of Soc. Servs. , 436 U.S. 658, 690-94 (1978); Montgomery v. De Simone , 159 F.3d 120, 126 (3d Cir. 1998); Carswell v. Borough of Homestead , 381 F.3d 235, 244 (3d Cir. 2004) ("District courts must review claims of municipal liability independently of the section 1983 claims against the individual police officers.") (internal quotation omitted).
To establish liability under Monell, a plaintiff must identify the challenged policy or custom, attribute it to the municipality itself, and show a causal link between the execution of the policy or custom and the injury suffered. Losch v. Borough of Parkesburg , 736 F.2d 903, 910 (3d Cir. 1984). A policy exists "when a decisionmaker possess[ing] final authority to establish municipal policy with respect to the action' issues an official proclamation, policy, or edict." Andrews v. City of Phila. , 895 F.2d 1469, 1480 (3d Cir.1990) (quoting, in part, Pembaur v. City of Cincinnati , 475 U.S. 469, 481 (1986)). A custom is formed when the "practices of state officials [are] so permanent and well settled as to virtually constitute law." Id . (internal quotation omitted). A plaintiff also may establish a custom by evidence of knowledge or acquiescence in a pattern of constitutional violations. Fletcher v. O'Donnell , 867 F.2d 791, 793 (3d Cir. 1989); see Beck v. City of Pittsburgh , 89 F.3d 966, 971-76 (3d Cir. 1996) (finding that numerous complaints of officer's propensity for violence could establish a municipal custom of tacitly approving the use of excessive force).
In the instant matter, Black does not satisfactorily allege the elements of a Monell claim. The complaint is entirely devoid of any facts that identify a municipal policy or custom to support a claim of unlawful search and seizure. See Kriss v. Fayette Cnty., 504 F.App'x 182, 187 n.2 (3d Cir. 2012) ("[P]laintiff seeking to impose liability on a municipality under § 1983 must identify a municipal policy or custom that caused the plaintiff's injury.") (internal quotation omitted); Briston v. Cnty. of Allegheny, No. 2:08-CV-1380, 2011 WL 635267, at *6 (W.D. Pa. Feb. 11, 2011) (The "inability to advance facts sufficient to identify an existing policy... precludes the ability to establish Monell liability"). Black simply asserts that the City and Police Department should remain listed as defendants because the seized currency may be in the City or Police Department's possession. (Doc. 36 at 4). The court finds this argument unpersuasive. Subsequent possession does not support an inference that the police officers unlawfully seized the currency pursuant to any municipal policy or custom. Accordingly, the court will dismiss the claims asserted against the City and Police Department.
B. Unlawful Search and Seizure in Violation of the Fourth Amendment
Defendants move to dismiss Black's section 1983 claim for violation of the Fourth Amendment because defendants conducted the search and seizure pursuant to a valid search warrant. The Fourth Amendment, which is made applicable to the states by the Fourteenth Amendment, provides that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." U.S. CONST. amend. IV. Subject to a few narrow exceptions, a search or seizure without a warrant is unreasonable. See Kyllo v. United States , 533 U.S. 27, 31 (2001); United States v. Whitted , 541 F.3d 480, 484 (3d Cir. 2008). The government must secure a search warrant "issued upon probable cause and particularly describing the items to be seized." Brown v. Muhlenberg, Twp. , 269 F.3d 205, 210 (3d Cir. 2001) (quoting United States v. Place , 462 U.S. 696, 701 (1983)). Probable cause exists when "there is a fair probability that contraband or evidence of a crime will be found in a particular place." Illinois v. Gates , 462 U.S. 213, 238 (1983). A search warrant must also be approved by a neutral magistrate, which is "the clearest indication that the officers acted in an objectively reasonable manner." Messerschmidt v. Millander , 132 S.Ct. 1235, 1245 (2012); see Raban v. Butler, Civil Action No. 11-5656, 2012 WL 592328, at *3-4 (E.D. Pa. Feb. 22, 2012) ("A magistrate's determination of probable cause is entitled to great deference.").
In his complaint, Black alleges that defendants executed the search warrant and seized personal property without probable cause. (Doc. 1 ¶ 22). However, the factual allegations in the complaint clearly demonstrate that the search warrant and subsequent seizure were based upon probable cause. The application for the search warrant included a sworn Affidavit of Probable Cause from Detective Heffner. ( Id. ¶¶ 7, 15). The Affidavit of Probable Cause described an interview with a witness, Ms. Brittany Harris, who allegedly had knowledge of the stolen police gun. ( Id. ¶¶ 7, 10-11). According to the complaint, Ms. Harris informed Detective Heffner that she overheard Black attempting to sell a gun matching the description of the missing police gun. ( Id. ¶ 13). She also provided Detective Heffner with information about Black's family and residence, suggesting personal knowledge. ( Id. ¶ 12). As a result of the interview with Ms. Harris, Detective Heffner submitted the application to a neutral magistrate and received a search warrant for evidence of stolen government-issued equipment. ( Id. ¶¶ 7, 15). Defendants clearly complied with the directives of the Fourth Amendment in obtaining a search warrant based upon probable cause.
Nevertheless, a search or seizure pursuant to a warrant may still be unreasonable when "it is obvious that no reasonably competent officer would have concluded that a warrant should issue." Messerschmidt , 132 S.Ct. at 1245 (quoting Malley v. Briggs , 475 U.S. 335, 341 (1986)). Black does not claim that the search warrant was facially invalid, nor does Black challenge the validity of the search warrant based on allegations that Detective Heffner and Ms. Harris made false statements in the search warrant application. See Sherwood v. Mulvihill , 113 F.3d 396, 399 (3d Cir. 1997) (challenging the validity of a search warrant by asserting that law enforcement submitted a false affidavit to the issuing judicial officer). Black merely asserts that the search produced no evidence of the stolen materials. (Doc. 1 ¶¶ 16, 18). However, the underlying basis for probable cause need not be factually correct; a reasonable mistake of fact does not violate the Fourth Amendment. See Illinois v. Rodriguez , 497 U.S. 177, 185-86 (1990); United States v. Harrison , 689 F.3d 301, 309 (3d Cir. 2012). Thus, the lack of evidence of stolen police equipment from the search does not negate probable cause or create an unreasonable search or seizure in violation of the Fourth Amendment.
Black further argues that the seizure of the currency was unreasonable because it was outside the scope of the search warrant. The Affidavit of Probable Cause stated that the search of Black's residence was expected to produce evidence of stolen government-issued equipment; however, Black alleges that the currency was unrelated to the crime of stolen government property. (Doc. 36 at 4; Doc. 1 ¶ 15). The court disagrees. It is well-established that the government may seize evidence of the sale of contraband or stolen goods for use in investigation or at trial. See Warden v. Hayden , 387 U.S. 294, 301-02 (1967) ("Nothing in the language of the Fourth Amendment supports the distinction between mere evidence' and instrumentalities, fruits of crime, or contraband."). Therefore, the court finds that Black fails to set forth sufficient facts to support a section 1983 claim for unreasonable search and seizure.
C. Seizure of Property Without Due Process of Law in Violation of the Fourteenth Amendment
In addition to challenging the initial search and seizure, Black contends that the retention of his money was an unlawful deprivation of property without due process of law.[2] Defendants seek to dismiss this Fourteenth Amendment claim. However, both parties fail to offer any argument regarding the claim.
The due process clause of the Fourteenth Amendment offers both procedural and substantive protections against deprivations of "life, liberty, or property." U.S. CONST. amend. XIV, § 1; see Pappas v. City of Lebanon , 331 F.Supp.2d 311, 316 (M.D. Pa. 2004). The complaint, however, does not indicate whether Black alleges a violation of substantive or procedural due process.
Substantive due process protects only those property interests that are considered "fundamental" under the U.S. Constitution. Nicholas v. Pa. State Univ. , 227 F.3d 133, 140 (3d Cir. 2000). The Third Circuit has generally limited non-legislative substantive due process review to cases involving real property ownership. See, e.g., DeBlasio v. Zoning Bd. of Adjustment , 53 F.3d 592, 600-01 (3d Cir. 1995), abrogated on other grounds by United Artists Theatre Circuit, Inc. v. Twp. of Warrington , 316 F.3d 392 (3d Cir. 2003) ("[O]ne would be hard-pressed to find a property interest more worthy of substantive due process protection than [land] ownership."). In the instant case, Black alleges that defendants seized $42, 940 in cash from his residence and deprived him of his personal property. (Doc. 1 ¶¶ 16-17, 19, 24). The court notes that the Third Circuit has not extended substantive due process protection to personal property. See Wrench Transp. Sys. v. Bradley , 340 F.App'x 812, 816 (3d Cir. 2009) (finding that a personal property interest in trucks was not "fundamental" to support a claim for substantive due process). Accordingly, the court finds that Black's interest in his personal property is not a "fundamental" interest to warrant substantive due process protection. Therefore, the court will dismiss Black's substantive due process claim.
To establish a claim for violation of procedural due process, a plaintiff must demonstrate (1) that he or she had a legally protected liberty or property interest, and (2) that the state deprived him or her of that interest without due process of law. Taylor Inv., Ltd. v. Upper Darby Twp. , 983 F.2d 1285, 1293 (3d Cir. 1993); Pappas v. City of Lebanon , 331 F.Supp.2d 311 (M.D. Pa. 2004). Generally, due process "requires that a deprivation of property be preceded by notice and opportunity for hearing appropriate to the nature of the case.'" Midnight Sessions, Ltd. v. City of Phila. , 945 F.2d 667, 680 (3d Cir. 1991), abrogated on other grounds by United Artists Theatre Circuit, Inc. v. Twp. of Warrington , 316 F.3d 392 (3d Cir. 2003) (quoting, in part, Cleveland Bd. of Educ. v. Loudermill , 470 U.S. 532, 542 (1985)).
However, prior to asserting a procedural due process claim, a plaintiff must take "advantage of the processes that are available to him or her, unless those processes are unavailable or patently inadequate." Alvin v. Suzuki , 227 F.3d 107, 116 (3d Cir. 2000); see Zinermon v. Burch , 494 U.S. 113, 126 (1990) (stating that a procedural due process claim is not actionable "unless and until the State fails to provide due process"). For example, the existence of an adequate post-deprivation remedy under state law may be a successful defense to a procedural due process claim. See Parratt v. Taylor , 451 U.S. 527, 541 (1981) (holding that a procedural due process claim against a state official in his or her personal capacity may not proceed if an adequate post-deprivation remedy exists for negligent deprivation of property); Hudson v. Palmer , 468 U.S. 517, 533 (1984) (expanding the Parratt rule to intentional deprivations of property by a state employee); Logan v. Zimmerman Brush Co. , 455 U.S. 422, 435-37 (1982) (finding that Parratt does not extend to claims against a state official in his or her official capacity for deficient state procedures).
Black sufficiently alleges that he was deprived of personal property when police officers seized $42, 940 from his residence. (See Doc. 1 ¶ 22.) Black also indicates that he availed himself of state court processes in an attempt to recover his personal property. He claims that the Dauphin County District Attorney's Office instituted a forfeiture proceeding from which he received only $28, 980 out of the $42, 940 seized from the search. ( Id. ¶¶ 20, 25). Black further states that a state court replevin action was commenced regarding the balance of the money. ( Id. ¶ 25). However, the court cannot assess the sufficiency of the complaint regarding these remedies. The complaint does not indicate whether Black seeks to challenge forfeiture procedures or hold Detective Heffner personally responsible for depriving Black of his personal property. Nor does Black assert that the state court processes were inadequate to protect his property rights. Therefore, the court will grant defendants' motion to dismiss with leave to file an amended complaint alleging sufficient facts for a procedural due process claim. The court would be remiss, however, if it did not express its reservations concerning Black's ability to correct the deficiencies. See, e.g., Potts v. City of Phila. , 224 F.Supp.2d 919, 938 (E.D. Pa. 2009) (granting summary judgment on section 1983 claim for deprivation of property because Pennsylvania Rule of Criminal Procedure 588 provides an adequate post-deprivation remedy for a person aggrieved by a search and seizure to move for the return of the property). Nevertheless, Black is entitled to an opportunity to decide whether the complaint may be amended to sufficiently plead a claim for procedural due process.
IV. Conclusion
For the foregoing reasons, the court will grant defendants' motion to dismiss (Doc. 15) with limited leave to amend.
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New Jersey Superior Court, Appellate Division
Decided: February 1, 1982.
IGP-EAST, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, AND RESORTS INTERNATIONAL HOTEL, INC., INTERVENOR-RESPONDENT,v.THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY; THE DEPARTMENT OF LAW AND PUBLIC SAFETY &C., AND THE DIVISION OF GAMING ENFORCEMENT OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS
On appeal from the New Jersey Casino Control Commission and Superior Court, Law Division, Atlantic County.
Matthews, Pressler and Petrella. The opinion of the court was delivered by Matthews, P.J.A.D.
[182 NJSuper Page 564] On July 24, 1981 IGP-East, Inc. filed a petition (supplemented on September 8, 1981) with the Casino Control Commission seeking approval to organize and promote a casino craps tournament pursuant to the Commission's authority under N.J.S.A. 5:12-5. As described in its petitions, the tournament, to be held at Resorts International Hotel Casino in March, would consist of a series of elimination rounds in the casino game of craps. The top six winners would receive cash prizes amounting to a total
[182 NJSuper Page 565]
of $250,000. To participate, each contestant must purchase $750 worth of tournament gaming chips to be used in making bets and would pay a $250 entry fee.
On October 30, 1981 the Division of Gaming Enforcement filed with the Commission a position paper relating to casino tournament games. The Division's position was that though the Commission had the authority under § 5 of the Casino Control Act to approve casino gaming tournaments as a permissible form of casino gaming, the charging of an entry fee turned the otherwise acceptable tournament into a lottery proscribed by N.J.S.A. 2C:37-1 et seq. Notwithstanding the Division's views, on November 4, 1981 the Commission granted IGP's petition.
Subsequently, IGP began to promote the tournament. The Division, however, persisted in the position that such a tournament was an illegal lottery and consequently threatened both IGP and Resorts with criminal prosecution if the tournament were held.
As a result of these threats, on December 21, 1981 IGP sought declaratory and injunctive relief against the Attorney General and the Division in the Law Division. Specifically, IGP requested an order affirming the legality of its tournament and restraining defendants from instituting criminal charges. This relief was granted by Judge Gruccio on December 28, 1981.
We conclude that a tournament involving an authorized casino game by the Casino Control Commission, even if it takes on some indicia of a lottery, is not proscribed by the Code of Criminal Justice.
We read the "Gambling Offenses" chapter of the Criminal Code not to prohibit every gambling scheme which falls within the definition of a lottery. Only those gambling schemes which are "unlawful" are proscribed. The pertinent sections read:
h. "Lottery" means an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and (b) the winning chances are to be determined by a drawing or by some other method
[182 NJSuper Page 566]
based upon the element of chance; and (c) the holders of the winning chances are to receive something of value.
k. "Unlawful" means not specifically authorized by law. [ N.J.S.A. 2C:87-1; emphasis supplied]
Thus, if a gambling scheme, which would otherwise be considered a lottery, is "specifically authorized by law," promoting or conducting that scheme would not constitute a criminal violation.
The Casino Control Act defines an "authorized gambling game" in N.J.S.A. 5:12-5:
Roulette, baccarat, blackjack, craps, big six wheel, slot machines, and any variations or composites of such games, provided that such variations or composites are found by the commission suitable for casino use after an appropriate test or experimental period under such terms and conditions as the commission may deem appropriate.
Clearly, any of the six games specifically enumerated in this section, as well as any variations thereof which are properly authorized by the Commission, are "gambling schemes" which are "authorized by law." As such, they fall outside of the scope of the Criminal Code.
If the casino craps tournament here proposed was properly determined to be a variation of craps by the Commission, then as an "authorized gambling game" it is not prohibited by N.J.S.A. 2C:37-1 et seq.
Moreover, that this was the intent of the Legislature seems without doubt in light of the provisions of N.J.S.A. 2C:37-9:
Nothing in this chapter shall be construed to prohibit any activity authorized by the "Casino Control Act" (P.L.1977, c. 110; C. 5:12-1 et seq.), or to supersede any provision of said act.
Since the casino craps tournament here was authorized by the Commission under N.J.S.A. 5:12-5, it is not an illegal gambling scheme under N.J.S.A. 2C:37-1(h).
To a certain extent it is somewhat premature to review the Commission's decision at this time. Pursuant to its power under N.J.S.A. 5:12-5, the Commission merely authorized this craps tournament "on an experimental basis to determine whether or
[182 NJSuper Page 567]
not tournament play should be adopted as a new authorized game." The experimental period is mandated by N.J.S.A. 5:12-5 which requires the Commission to determine whether the variation would be "suitable for casino use." The decision we review here, then, is the Commission's threshold determination that an entry-fee craps tournament is a variation of an authorized game so as to qualify for experimental testing. It is still within the Commission's province, at the conclusion of the experimental period, to find that such a tournament is not "suitable for casino use."
The determination that a craps tournament, which consists of a series of crap games, is a variation of craps, is clearly reasonable and is not challenged by defendants. The fact that an entry fee is charged does not, in our opinion, change the fundamental nature of the underlying game. As discussed above, the Legislature did not intend N.J.S.A. 2C:37-1 et seq. to be a limitation on the Commission's authority under N.J.S.A. 5:12-5. Therefore the Commission's determination that the entry-fee craps tournament was a variation of an authorized game was a reasonable one and will not be disturbed at this time.
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Pet Sitting & Drop In Visits in Fort Myers Shores, FL
Book a pet sitter to stop by your home a few times a day to feed and play with your cat or dog.
To ensure accurate availability & pricing, please add your drop-off and pick-up dates.Dismiss
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Alice Krige is a South African actress and producer. Her first role came in the Academy Award winning Chariots of Fire (she played Gilbert and Sullivan singer Sybil Gordon). Fans will likely know her best for playing the Borg Queen during the Star Trek: the Next Generation television series and movies.
Alice Maud Krige born 28 June 1954 is a South African actress. Her first feature film role was as the Gilbert and Sullivan singer Sybil Gordon in the 1981 Academy Award-winning film Chariots of Fire. Since then, she has played a variety of roles in a number of genres. Krige introduced the role of the Borg Queen in the motion picture Star Trek: First Contact, and reprised the role for the final episode of the television series Star Trek: Voyager. A year after the series ended, she reprised the role in 'Borg Invasion 4-D' at Star Trek: The Experience. Krige was born in Upington, Northern Cape, South Africa, the daughter of Pat, a psychologist, and Louis Krige, a physician.
Contributions by Softlavender, 126.96.36.199, and Cydebot.


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McMaster Marauders announced their key recruits for the 2009-10 cross country and track and field season in the Ontario University Athletics program.
The recruiting class includes Victoria Coates (Newmarket), Lisa Giles (Ottawa) and Courtney Patterson (Dundas) on the women's side and Taylor Reid (Brampton) and Ryan Thomas (Grimsby) on the men's side.
"The team's recent performances have established McMaster University as destination of choice for some our province's best cross country and track athletes," said McMaster head coach Rory Sneyd. "The quality of these recruits is testament to the work of associate coaches Paula Schnurr and Peter Self as well as the tremendous new David Braley Athletic Centre. This is definitely the strongest recruiting class we have had during my time at McMaster and Associate Coach Pete Self believes it is the best he has seen at McMaster in the last 15 years."
The McMaster women's team, led by All-Canadians Jessica Pearo (Richmond Hill) and Jillian Wyman (Dundas), placed fourth at the 2008 Canadian Interuniversity Sport (CIS) Championship – the best-ever finish for the team. They captured the bronze medal at the OUA championship in 2008. It was the first medal for the Marauders since 1993 when the team placed third.
The McMaster men's cross country team earned a fifth place finish at the OUA Championship, matching its finish from 2007, but shaving 60 points off its team total and placing three student-athletes in the top 25.
The McMaster cross country program begins training camp in September. The McMaster Track and Field program will begin training shortly after.
Coates is a graduate of Sacred Heart HS in Newmarket. She placed fifth in the senior girl's 3000m event at the 2009 Ontario Federation of School Athletic Associations track and field championship. She earned a seventh in the event at 2009 Canadian Junior Track & Field Championship and a 14th at the 2008 OFSAA Cross Country Championship.
"Victoria is a late bloomer who has made tremendous gains in the late year," said Sneyd. "She is a product of the powerhouse Sacred Heart high school (OFSAA team gold in cross country) and Hugh Cameron's Newmarket Huskies club. I am hopeful that Victoria will help us recruit more of the Huskies' club members in the future. Victoria will be one of the top rookies in the OUA and CIS next season."
Giles is a graduate of Merivale high school, At the 2009 OFSAA track and field meet, Giles placed seventh in the senior girls 1500m event. She was 13th in the 800m at the 2009 Canadian Junior Track & Field Championship and ninth at the 2008 OFSAA Cross Country Championship.
"Lisa is another young woman who has saved her best running for her senior high school years," said Sneyd. "She has tremendous range as evidenced by her 13th placing in the 800m at the Canadian Junior Championships and 9th place showing at the OFSAA cross country championship in 2008.
"We expect Lisa to fill the void on our women's 4 x 800 left by the graduation of Erika Scott. We also expect Lisa to be one of the top rookies in the OUA and CIS."
Patterson, a Highland high school, product, was 13th at the 2009 OFSAA Track & Field Championship's open 1500m steeplechase.
"Courtney narrowly missed the OFSAA final in open girl's steeplechase. She has gradually moved up in distance through her high school years and associate coach Paula Schnurr's experience will help in determining Courtney's ideal event," observed Sneyd.
Reid, from Mayfield high school, is a National Level triathlete. He qualified for the 2009 OFSAA Track & Field Championship in the 3000m but could not compete due to a triathlon competition in Manitoba.
"I have been impressed by the toughness he has demonstrated. He ran 90% of the OFSAA South Regional meet with one shoe and still qualified for OFSAA in the 3000m. He has the potential to make an immediate contribution to the men's team," said Sneyd.
Thomas joins Mac from Grimsby high school. He placed 17th at the 2008 OFSAA Cross Country meet and was ninth at the 2008 Canadian Junior Championships in the 3000m steeplechase.
"Ryan is a consistent, high-level performer at OFSAA in both cross country and track," Sneyd. "Unfortunately his 2009 high school track season was hampered by injury. He should make an immediate contribution to our men's team and will likely be one of the top rookies in the conference."


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When ppl say their house was the best investment they every owned. That is because it was the only investment they ever owned for 30 years
Two realities you need to be comfortable with: 1- markets go UP and DOWN. Sometimes by a lot. 2- no one knows when they will do either
Lifetime investment returns are not a matter of skill. They're a matter of behavior.


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Antiques Roadshow Find or Nakashima Knockoff?
Last week a friend of mine, John, was at my shop telling me about a chair that he found on Craigslist. It wasn't in perfect shape, and the wood was stained with red blotches that he said looked like Kool-Aid, and he joked that they were more likely blood. It was, however, well built, in good shape overall and had not been repaired, so he shelled out the asking price of $20.
After getting the chair back to his house, John quickly got to work sanding on the chair by hand to remove the stains and then followed the sanding with a little Danish oil to make the chair look like new.
I'm not sure exactly how it happened and I don't know that it is important to the story, but another friend of ours stopped by John's house and between the two of them they realized that the bottom of the chair seat was signed. Luckily, John hadn't sanded the bottom of the seat and everything that was written on it was still very clear. They found, in large letters, lightly written in pencil, an inscription that says "Cotton Rocker" and in bold, black ink what appears to be, "George Nakashima, March 1974".
It didn't take long after hearing the story for me to end up at John's house, so I could see the chair for myself. I wasn't expecting much and imagined that I would know right away that the chair wasn't a legitimate Nakashima, not because I am a Nakashima expert, but because I know wood and something was bound to be obviously wrong with the materials or construction.
My initial concern was that John destroyed any possible value with a wild bit of overly aggressive sanding, but that wasn't the case. The chair looked great, and after a little more interrogating, I discerned that it didn't take much work to remove the stains. And, though it didn't necessarily help, nothing John did permanently damaged the chair.
After I gave the chair a quick look, I plopped myself down and took it for a test rock. The chair is a bit low for me, but it makes sense for someone who is probably a foot shorter, like Mr. Nakashima himself. Both the seat and back are wide and provide great support while still being flexible and comfortable. As a matter of fact, it is probably the most comfortable, all-wood chair that I have ever sat in.
I sat and rocked for a short time while we talked more about the chair and my disbelief that he found it on Craigslist for $20. It was beginning to look like it was the real deal, but even if it wasn't, the price was fantastic for a chair of this quality. He definitely did not overpay.
After I rocked for a bit, I decided to really do some detective work. I started by looking closely at the wood. The walnut had the right patina for being around 40 years old and the spindles were made of hickory, which later research verified was appropriate.
The only thing that seemed odd to me was the wood selected for the seat. When I think of George Nakashima, I think of wood and the way that he respected it and the way that he would make sure that the wood was selected with as much care as the actual construction – this seat seems to be less so. While not wrong, the seat is composed of seven pieces of walnut that appear to be selected on a Friday just before quitting time. I imagine Nakashima making his seats out of a single piece or two pieces of matched woods and it looks like this walnut wasn't even from the same tree, which is a bit hard for me to swallow, especially knowing that Nakashima was known for having plenty of wood on hand.
Everything else about the chair oozes quality and makes me believe that it is a Nakashima product or was made by someone who appreciated his work and tried hard to duplicate it. All of the proportions are well-found, with a great balance between strength and delicateness. The hickory spindles are almost dainty, but offer more than enough support to the backrest, which is equally small, but more than adequate. The details that I really noticed and appreciated, are the two spindles that extend through the top of the backrest. They protrude so little that they are almost unnoticed, but they reach up just far enough to be a detail that connotes fine craftsmanship.
The overwhelming clue to me that this may truly be a Nakashima piece of woodwork is that the chair is 100% solid, with no signs of loose joints or repairs. It is a testament to the fact that this chair was built with care from the original maker, which I am guessing is George Nakashima or someone who spent lots of time with Mr. Nakashima.
While doing a little research on Nakashima and trying to find a photo of a similar signature (which I did not), I found some recent examples of authentic chairs that have sold at auction. It looks like similar chairs, like the one below, are selling currently for between $2,500 and $10,000. I assume that John's chair will be at the lower end of the spectrum, even if it is found to be the real thing, since it is not in original mint condition. Even so, it is a heck of a find for $20.
John plans to keep the chair and enjoy it for now. I told him that I thought it was a great idea because I don't see it going down in value and it will give him time to try to find out more about that specific chair.
If you have any insights on how to determine the legitimacy of this piece, we would love to hear about it. I know John would love to determine if it is an actual Nakashima chair. I guess he could always go on Antiques Roadshow and find out for sure.
You Need to be a Badass to Brush a Finish
Most woodworkers that I have met, try to finish their own projects, and while they may do great woodwork their finish often falls short and lets the world know that their project was not finished by a professional woodworker or finisher. The typical look of the less-than-perfect finish is one of obvious and often errant brush strokes. While I think it is possible that some of these finishing jobs are seen as perfectly acceptable by less discerning eyes, I would like to think that the applier of these lackluster finishes knows and sees that they could do better, but are at a loss for how to correct the problem.
My first solution, and always my first recommendation, is to purchase a high-quality spray gun and start spraying your finish. A spray gun is quick, capable of producing a flawless finish and may even make finishing fun. There are lots of reasons why you may not feel comfortable spraying a finish, but there are at least 492 reasons why you should spray your finish–the first 485 being that you need to be a badass to brush a good finish.
Brushing a good finish requires an amazing level of patience, attention to detail and a willingness to not cut corners. It can be done, but often the person that relegates themselves to brushing a finish is usually the same person that struggles to produce a good finish because they aren't patient, aren't paying close attention and are trying to do as little work as possible to call the job done. It is a crazy irony of a situation, but it happens all the time.
Now, first let me be clear, I don't have a problem with brushing a finish. I think it is perfectly acceptable and sometimes required, but it has to be done right just to not look bad, never mind looking great. Luckily, there really are just a few tidbits to keep in mind that are the keys to a beautiful brushed finish.
Apply Thin Coats
You will be tempted, at all stages of finishing and throughout your entire life, to apply a finish that is thick and wet. Often this is under the misguided notion that thicker is better and it will speed things up, but nothing is further from the truth. A thick finish coat is the first and deadliest weapon in the unprofessional finishers arsenal. No matter how well you apply a thick coat of finish, it will somehow, somewhere on your woodworking be less than perfect and scream, "This dude doesn't know what he is doing!"
Thick finish coats show deeper, more obvious brush strokes because they are just that, deeper. Thicker coats also tend to run and, at very least, sag. And, the last thing, that shouldn't be underestimated, is that thicker finish coats take much longer to dry, which allows more debris to get in your finish, lengthens the dry time between coats and often leads to blemishes from handling a piece before it is dry. There is, as far as I can tell, nothing to be gained by brushing on a finish in thick coats versus thinner coats.
Applying thinner coats can and should be thought of in two ways. The first is simply the amount of finish moved from your brush to the surface. When applying the finish, put on just enough material to cover the surface and nothing more – do not leave puddles. There should be so little on the surface that it is impossible for the finish to run or sag. The second way to think about thinner coats is in the viscosity or the thickness of the material itself. Thinner material will flow fast, like water and thicker material will flow slow, like syrup. Make sure your finish is not too thick by adding the proper solvent for your finish, like water, mineral spirits, alcohol or lacquer thinner if needed. Many finishes will be fine directly out of the can, but some thicker finishes will benefit from a little thinning. Be sure to read the can for proper thinning options and test your finish on a piece of scrap material first to see how it flows and lays down.
Pay Attention to Your Brush Strokes
No matter how well you apply a finish with a brush, brush strokes will most likely be visible at some point. The good news is that wood has a grain to it that can help hide the brush strokes. The secret is to apply the finish with brush strokes that follow the grain. Don't go all willy nilly and just slop it on. This is where the patience and attention to detail really come into play and where you have to let your inner badass shine.
Plan out your brush strokes so there aren't any unintentional stops or starts. Where parts meet make sure to stop and start where they stop and start. On mitered corners, start with the brush at a 45 degree angle so the brush marks only follow the grain of each board.
Lastly, make sure that your brush strokes follow the full length of the work. If a single piece of wood is 30′ long, your brush strokes should be 30′ long in a single uninterrupted and reasonably straight pass. It may sound a bit overboard, but that is what it takes to do this correctly.
Keep a Wet Edge
Working with a brush is not fast. While you are messing around with the application and focusing on your brush strokes, it is possible for some finishes (especially paints) to start to dry while you are applying them, requiring you to step up your game even more. It is important to keep a wet edge while you are working, so each new brush stroke blends with the previous one. If you move too slow and the finish has dried or started to dry, you will basically be applying two coats as opposed to only one. If you are finishing woodwork, this will cause the finish to have an unevenness about it, either because of a difference in the sheen or in the way it fills the wood pores.
When working large open areas, plan out your approach and move quickly. Do what you can to quickly get the finish on the surface and then focus on your brush strokes to finalize things. A small-nap roller can even be used to help speed up delivery to the surface before final brushing. If you have a choice, work in cooler temperatures (always out of the sun) and with reduced airflow to slow down the drying.
Work Horizontal
Any finish application, whether brushed or sprayed will benefit from being horizontal. Having your pieces flat on a work surface during finishing allows you to fully see what you are doing, especially with good reflected light and helps the finish to level out while drying. The other obvious benefit is that you should get no runs on a horizontal application unless you are extremely talented. You may find it worthwhile to completely finish your piece before assembly so you can keep all of your parts horizontal.
Choose the Right Brush
There is much to be said about brushes, but for me it comes down to one simple rule. Don't ever use a cheap brush. Don't even let them in your shop. If you have a cheap brush in your shop (you know, the one that you were only going to use for applying glue or something else non-technical), you will inevitably end up trying to use it for some sort of real finishing and it will not turn out well. I would argue that it is better to not finish at all than to try to finish with the only brush you could find in the shop which was purchased in a 10-pack at the dollar store. Using a good brush gives you at least a fighting chance. For those of you that want a bit more technical input, remember to use natural bristles only for oil-based finishes and synthetic bristles for either water-based or oil-based finishes. It all comes down to the fact that natural bristles don't like to be soaked in water and synthetic bristles can be soaked in anything.
There you have it. Five simple little rules, all of which if you completely follow, still only give you about a 50% chance of producing a beautiful brushed finish. The other 50% is dependent entirely on your willingness to not take anything that resembles a shortcut and on you being a badass every step of the way.
Sharpen Your Bandsaw Blade on the Mill
Through the years I have dulled a lot of bandsaw blades on my sawmill, and for the longest time, I have struggled with keeping them sharp. I have tried multiple tools and methods to get this done, but only within the last year do I feel like I have found a good solution.
The problem starts with the bandsaw blade itself. It is a finicky conglomeration of bent teeth, cut from a thin piece of flexible steel that is somehow supposed to cut a straight line, not only from front to back, but also side to side, and if it isn't well machined and sharp, there isn't a snowball's chance that this is going to happen.
Early in my career, when a new saw blade dulled and started to cut waves, I would try things like adding tension to the blade, slowing down my feed rate or even adjusting my blade guides. No matter what I tried, a dull blade would still make a wavy cut. However, if I used the exact same setup but installed a new blade, the cut would be perfect again. As a matter of fact, almost every other adjustment could be less than perfect and a sharp blade would still make a good cut. From 15 years of experience, it is clear that I need to keep my saw blade sharp and touch nothing else.
My standard course of action is to put on a new or newly sharpened blade from Wood-Mizer when my cut starts getting wavy. This is a great way to live. Nothing cuts like a brand new blade, and it feels like a treat to put one on. Even the resharpened blades cut great since they get a complete factory treatment, including cleaning and full tooth grinding and setting. I have always had great results from Wood-Mizer, and I highly recommend their new blades and resharpening service. (Disclaimer: I am not being paid by Wood-Mizer and Wood-Mizer doesn't know I'm writing this post – they probably don't even know I exist.)
The problem for me was that time in between cutting like new and cutting like crap. I would have a blade that was cutting great, but I could feel it pulling hard and on the verge of cutting poorly. I didn't want to pull it off of the saw because it was running so well, but at the same time I knew my time was limited. If I could just get an edge back, I could keep cutting with the same blade and not have to mess with sending the blade off to be sharpened, and I would save $7 (by the way, I think $7 is a great price for the quality of service, but I would rather not spend it if I don't have to). So, off I went, looking for a way to sharpen blades on my own.
In the past, I tried using a manual sharpener that came with my first bandsaw mill. It functioned like it was designed to, but the results weren't great. Besides having to take the blade off of the mill and set it up in the sharpener, it used a stone that wore down quickly and wouldn't maintain a flat, consistent face on the tooth (looking back, I probably should have tried some other stone options, but I didn't).
Later, I tried a few other approaches. The first was using my chainsaw grinder, like the one below, which had a similar problem to the first grinder. The small stones would wear down quickly and the thin bandsaw blade would basically cut the stones in half.
The next attempt used a sanding disc on a drill. I liked the idea of using sandpaper because it maintained a flat surface during grinding – it would wear down, but not change shape. This one showed potential, but it was incredibly hard to control because the spinning motion pulled the drill up and away from the blade.
I finally gave up, feeling like I had exhausted every option cheaper than buying a fully automatic grinder like the factory has, but I never gave up on the idea of sandpaper as a good abrasive that doesn't change shape.
Up to that point, all of my attempts focused on sharpening the saw by grinding the front of the tooth. There was nothing else I could think of that would fit between the teeth and grind the front of them. But, then I thought about grinding the top of the teeth. This surface is easier to get to and taking material off of the top will still lead to a sharp point – it doesn't really matter which face gets ground down.
I started off with my 3″ Porter-Cable belt sander just to try things out and it worked great. I could sand the top edge of the tooth with control and the speed was slow enough to not feel like I was burning the metal (which softens the teeth). The only problem was the weight of the belt sander, which might as well have been 1,000 lbs. because there was no way I could hold it to sharpen all of the teeth on the blade.
At the time I didn't own a small belt sander, so I took a gamble and purchased a Porter-Cable 371 compact belt sander. I figured that even if it didn't work for the blade sharpening I would at least have another tool in my woodworking arsenal and that there were going to be plenty of times when a small belt sander would come in handy. Finding other uses for the new sander hasn't been much of an issue though, because it works great to sharpen blades, and it is always parked (plugged in) right next to my saw, ready for the next dull one to come along.
I simply leave the blade on the saw and grind just enough off of the top of each tooth to get the edge back. I use my free hand to steady the blade and to advance the saw to the next tooth. In a matter of just a few minutes I can be back to cutting, feeling like I have beat the system.
Now, there are limits to sharpening your saw like this. First off, no matter how good you get with the sander, the blade will not be as good as a new one or one that has had a full factory grind and set because this grinding is changing the geometry of the already finicky blade. And, it will do nothing to improve a blade that was just generally running badly or running badly for a specific reason like hitting a rock or metal (all of these problem blades get sent out for a full resharpening). It will, however, make a blade that was running well continue to run well and make flat, straight cuts for much longer.
Generally, it seems to work out that I touch up a blade with the sander a time or two and then send it out for full service or, for some of them, they keep working great and I keep sharpening them with the sander until they break. For all of the others, I hit something along the way (dirt, rocks, concrete, nails, hooks, cable, wire, screw-eyes, barbed wire, fence posts, screws, license plates, horseshoes, railroad spikes, chain, conduit, hangers) that either destroys the blade or dulls it enough that it needs a full regrind.
Even if I don't use this method all of the time, it is nice to have another option to get back to cutting. If nothing else, I personally love the comfort of knowing that when I get down to my last new blade (and forgot for the second week in a row to order new ones) that I won't be stuck cutting wavy lumber.
Grow Exhibit Opens at the St. Louis Science Center
If you have driven down Highway 40 in St. Louis recently, you may have noticed a new structure being erected next to the St. Louis Science Center where the "temporary" Exploradome once stood. After 16 years in service, the inflated building was past its prime and too expensive to operate, so it was replaced with a new, permanent agriculture exhibit called Grow.
The centerpiece of the exhibit is the new building that features massive bent laminated beams which create a beautiful swoosh of a roof. Just outside the entrance of the new building is a vermiculture display that I built for the exhibit. While it pales in comparison to the woodwork that went into making the building, I like to think it makes a nice little earth-friendly welcome mat for visitors.
The vermiculture unit, designed by Mark Cooley, uses worms to make compost. Built out of locally salvaged Eastern Red Cedar, the two-compartment structure is set up to have green waste loaded in the top and compost extracted from the bottom after the worms have done their job eating the contents. The two compartments, which are side by side, are divided by a wire mesh that allows the worms to move between compartments. This particular unit has glass panels to allow for viewing of the interior from the front of the display, though the glass is not required for use.
This project was a bit out of the norm for me since it was more carpentry than fine woodworking, but it was a fun change to build something that wasn't so fussy. I had the most fun when I was able to find some logs in my shop already standing against the wall for the project. They were left over from another project, and I was able to just carry them to the sawmill and cut the parts I needed. I chuckled to myself while I was doing it because I have never just hand carried logs to the sawmill that were standing in the shop like sticks of lumber. It was only possible because cedar is lightweight and the logs were small, but I still had more than enough to make this project.
Cedar mills like butter on the sawmill, even when dry, and since it was going outside I didn't need to do any extra drying. I was able to mill it, plane it and assemble it right away, which made it feel more like I was building a fort or a treehouse, especially since I never get to knock something out like that. It reminded me a lot of the Mermaid Lagoon sign I made for Mira a few years ago, since both went together expeditiously. There were a few critical measurements to maintain, like the size of the footprint, but everything else was somewhat negotiable as long as it looked and worked like Mark Cooley's design.
The vermiculture unit is nestled in the Grow exhibit along a mulch path surrounded by plantings that are arranged like a garden or small farm field. Nearby are live chickens, two new tractors, a greenhouse and a dairy demonstration area. Inside the building are electronic, hands-on displays that focus more on the places that generate food, from the species of plants to different farm settings. Outside, on the North side of the building, are a couple of displays that focus on water, with a chance for the kids to interact with displays that are both hands-on and hands-wet.
The St. Louis Science Center and the new Grow exhibit are free to all visitors. It opens Monday-Saturday at 9:30 a.m. and Sunday at 11:00 a.m. The Science Center closes at 5:30 p.m. during peak summer hours (May 28-Sep. 5, 2016) and at 4:30 p.m. during off-peak hours.
Today's Glues are Super Strong
When customers stop by to peruse the lumber and slabs I have for sale, they inevitably end up near the back of my shop, where I do my woodworking. They like to see what I am up to and discuss woodworking in general. Lately, I have been making a lot of live-edge tops, so I usually have at least one being glued up, and I can guarantee you that the first question is going to be, "What do you use to join those two pieces of wood together?" They are expecting a dramatic answer full of technical jargon, like tongue and groove or sliding dovetail or dominos or even biscuits, but I always disappoint them and just say, "glue". I like to say it in a sort of caveman fashion for dramatic effect and a bit of humor, but then I quickly jump in and fill the awkward silence with a more detailed explanation, especially since I can tell that just blurting out the word "glue" isn't going to be enough.
I use Titebond original wood glue with the red cap. There is Titebond II and III for more water-resistency, but I usually stick to the original unless it is a project that is prone to getting very wet. I like that the original cleans up easily with water and that even dried glue can be soaked and removed from brushes and clothing. I don't prefer Titebond for any special reason, except that it is widely used and widely available. I would just as confidently use other name-brand wood glues and expect similar results.
The glues available today are strong, super strong, stronger than the wood itself. To prove this, I always save the end cuts from my glue-ups, so I can break them later for demonstration purposes for customers and inspection purposes for myself. If the glue is fully dry (results are not guaranteed if the glue is still wet), the glued-up scraps will always break somewhere in the wood. Even if it does happen to spilt close to the glue line, there is always plenty of wood stuck to the glue to make anyone doubting the strength of the joint to become a believer.
In comparison, I have worked with plenty of reclaimed wood, especially old oak church pews, that have a tendency to split along the glue joints. When closely inspected, it is clear that the old glue had become dry and brittle, and though it stuck to both surfaces, the glue itself broke down, like old plastic that has been outside too long. Most likely, the older glues, while strong at the time, weren't formulated correctly to stay flexible over time. Current glues are formulated to hold strong and not break down during regular indoor use. Note that I wrote "indoor" use – for outdoor use, all bets are off. From extreme wood movement to glue breakdown, there is simply too much wear and tear outdoors for the glue to hold a jointed edge together on its own without any eventual failures.
So, we know that the glue is strong and is more than capable of holding a joint together, but just how strong is it? There is probably some value on some fancy scale to tell you exactly how strong the joint is, but it doesn't really matter, as long as you know that it is stronger than the wood. At that point, to know the strength for sure, you would need to know the strength not only of the wood you are working with, but the weakest point in any given spot in a board, which you just can't know, so I say stop worrying about it. Just know that it is more than strong enough to do the job.
Now, for the glue to work correctly, your machining and joints need to be reasonably good. I say, "reasonably" good because I think there is a lot of wiggle room here. Obviously, if everything is perfectly square and straight, there is no question about your joint integrity. You can simply coat the joint with glue, apply just enough pressure to pull everything together, and you will end up with a strong, wonderfully impressive joint. But, what if your jointed edges are square but the boards are long and have a bit of a bow and they will require a bit of extra clamp pressure to pull them together, is that gonna work? Heck yeah! Did I mention the glue is strong? A little extra clamp pressure is fine.
What about a lot of clamp pressure? Now this is where the "reasonably" good part comes into play. I say if you are doing a glue-up and you feel like you have applied so much pressure to pull things together that it just feels wrong, then you should probably work on the joint some more. But, here's the kicker. I can tell you that I have been involved in more glue-ups than I should admit to that have required an inordinate amount of clamp pressure, and to this day (knock on wood), I have never had a joint fail. Maybe I have just been lucky, since I have done tons of glue-ups, but I use this as a real world testament to the strength of the current glues.
The problem with needing a lot of clamp pressure to pull joints together is two-fold. The first issue is that there are built-in forces that are always trying open the joint with the same amount of pressure it took to close up the joint, which can be significant. The other issue, and the one that is commonly more worrisome, is that more clamp pressure means less glue in the joint. The concern being that if all of the glue is squeezed out then obviously there is nothing to hold the wood together. As far as I can tell, especially since I have not had a failure yet, is that this isn't easily accomplished. I am not saying it isn't possible, but it isn't easy. Many woods have open pores that will hold glue no matter how much pressure you give them (think oak and walnut), and if you are fighting at all to pull a joint together, that means that somewhere along the line things are loose enough to hold some glue. Sure, it might completely squeeze out in one spot and make the joint a bit weaker, but in other spots the glue will hold like it is supposed to and keep things from coming apart.
With all of this cavalier talk about crappy joints with extra clamp pressure, you still have to show some restraint. There are going to be times when you can't rely on just the glue, no matter how strong it is, to hold everything together and you will need to rework your joints for a better fit. A couple of instances come to mind. Some woods have very tight grain that is smooth and won't hold much glue (think hard maple), so it is possible to end up with a joint that has almost no glue in it. The second instance where more jointing work will be required is if the boards are tight in the middle and loose on the ends. The ends are where a top will want to naturally split, so trying to use extra pressure in this case, is inviting an issue down the road. I feel a million times more confident closing up a gap in the middle of a glue-up than I do the ends, knowing that the entire joint is holding things together, not just the glue on the ends.
One last category that requires a little extra attention is exotic wood. Some have oils in them that just won't glue properly. They need to be cleaned with lacquer thinner before gluing to provide a good surface and they are often extra hard, so they don't absorb much glue. I have had problems with bloodwood in the past, which fell apart during my initial tests because I had not cleaned the wood enough. To be safe, I cleaned the wood even more and roughed up the surface a bit with sandpaper to give the glue something to grab. Before the sanding, the edges were just too hard and too smooth. Since then, the extra hard and oily exotics scare me, so I would never force a glue joint with them. I trust the current glues a lot, but there are limits.
Assuming that you have decent joints and wood that will accept glue, all you have to do is make sure that both surfaces are coated with wood glue and clamp them together until the seam is tight. That is really all there is to it and all that is done at almost every professional shop I can think of. You don't need any special tricks at all, just "glue," I remind you in my caveman voice.
Random Width Flooring: Efficient Use of a Valuable Resource
In the normal course of my business, I am sometimes asked to make flooring out of my customers' logs. Because I mill the logs into random width boards, I would often get stuck with trying to determine the best width to make the flooring, knowing that no single width would have that great of a yield. No matter the width I chose, there would always be plenty of boards with lots of waste. If I chose 3″ wide flooring, I can guarantee you that an astonishing number of the rough cut boards would just happen to measure 8-3/4″ wide, which would yield two 3″ wide boards and one wide scrap piece, absolutely killing me.
In the past, I have tried to decide the width ahead of milling the logs and pick out which cut was going to be flooring and which was going to be another product, like siding. It seemed simple enough, if the board I was cutting was long and clear with no knot holes, I would cut siding, and if it was knotty and was going to produce only short pieces that were good, I would cut them for flooring. All I really had to do was sort the lumber into two piles while I was working. But, it wasn't that easy.
Some logs would have a side that was good for producing siding, but the next side was only good for flooring. When I flipped the log over to a new side, my width was determined by how much I cut off of the last side, and it was always random. So, no matter what I did, even if I was cutting for a specific product, I would get stuck with lots of random width boards.
As I mentioned, wasting lumber kills me, and every time I ripped random-width boards down to some set width, leaving wide scraps on the floor, I thought about how to stop wasting so much wood – then it clicked. Many years ago, a friend of mine showed me a floor he made for his own house out of random width boards. As far as I know, he only did it because he thought it would look different and make his house have a special touch that would only come from someone who made their own flooring. His floor was white oak with tons of character, in three different widths. It was beautiful, and it seemed to me that I could use these random widths in some form to stop wasting wood.
I don't remember a specific moment when I had the epiphany (though I am sure I must have had one), but I figured out that using just three widths, 3″, 4″, and 5″ would cover every width of board I could produce and always leave me with less than 1″ of waste per board.
Think about it. 3″, 4″, and 5″ wide, rough lumber is covered right off of the bat since they are already useable widths. After that is a 6″ wide board, which will just be ripped into two 3″ wide strips. A 7″ board gets ripped to a 3″ and a 4″ strip, while an 8″ board turns into two 4″ strips or a 5″ and a 3″, whichever is preferred. Any width of rough lumber over 6″ wide can be broken down in some way with just the three target widths of 3″, 4″ and 5″. By the way, these are the rough cut widths. The finished tongue and groove flooring will end up with a face about 1/2″ less in width.
Random width flooring looks different, but not too different. At first glance, the viewer only notices the beautiful wood, and then after closer inspection notices the three widths, which lets them know subconsciously that the flooring is special. It stands out because it isn't all one width like typical hardwood flooring, and most people have never seen or even thought of using random-width flooring. But, I say, "Don't be scared of it." It is different and not typical, but in a good way, especially when it comes to waste.
My First (and Maybe Last) Turning Job
Believe it or not, until recently I had never done any turnings. I have been messing with wood for a solid twenty years and never once have I even turned on a lathe. I've seen Norm do it a bazillion times on "The New Yankee Workshop" and listened to plenty of other woodworkers tell me about their turning escapades, but I never felt inclined to do it myself. I guess it's because I am not attracted to work that has turnings in it, so they rarely end up in pieces that I am building and if they do, I pay someone else to do them.
It wasn't by my choosing, but I did agree to build a bench with multiple turnings after my customer changed her mind on what she wanted. She showed me a picture from Sawkille.com of their "Tall Rabbit" bench and asked if I could make one like it for her with a variation on the length. Since I already had her deposit on the previous project, I didn't want to say no and send back the money, so I said yes. I looked at it this way, if I consider myself a real woodworker and I am interested in spreading real-world useable woodworking knowledge, then it can't hurt for me to have more knowledge myself. After all, was it possible that I would consider myself a real woodworker and die one day never having done a single turning? Sounded pretty hypocritical to me.
First off, let me say that the work from the kids at Sawkille is very nice, and though I don't know them from Adam, I do appreciate the attention to design details that show in their work. I spent a lot of time messing with small details and proportions, and there is no doubt in my mind that they have spent exponentially more time on those same details and slight variations than I did.
The picture above is in black, but my customer saw some other variations and decided to go with bleached maple, and though it didn't seem necessary on maple, bleaching gave the wood a very different look. The maple went from a light yellow-white to bone white with a couple of applications of two-part wood bleach. That part was as simple as could be – the actual turning was not.
Actually, I take that back. The short turnings weren't too bad. After I turned the first couple and started to get a feel for it, the next 17 went pretty fast and came out nice. I got my time down to about 15 minutes each, which didn't set any speed records, but it was a pace I could live with. If I did them all at that rate, I could turn all of the pieces in about 6 or 7 hours, which sounded like a fine day of work.
As you might have imagined, I wouldn't have much to talk about if it all went down like that.
My troubles started when I stepped up to the legs and long stretchers. All of those are in the 24″ range, and about three times as long as the easy-peasy pieces. Out near the ends, where everything is solid, the work went according to plan, but in the middle, I would simply say that it did NOT. No matter how I attacked the middle, whether it be with a light touch or a hard push or maybe a quick jab or a different angle or a different speed or perhaps standing on a different foot or even just squinting a bit more, nothing improved. The piece of maple just jumped and kicked like a bucking bull, and I couldn't stop it.
Even though I knew my problems were the result of the longer pieces, I imagined that a better turner (or at least someone who had turned at least once before in their life) could overcome the bounciness with better technique. I kept trying different lathe tools and worked slowly to get the pieces as good as possible, and while the overall shape was acceptable, the surface was not. It was nubby, like off-road truck tires, and there were plenty of spots were the wood was just ripped instead of cut. To finish up, I finally dumped the lathe tools and grabbed the sandpaper. I decided to take full advantage of the easy sanding on the lathe and let the paper do the work. Of course, it took awhile, but it was the only way I could come up with to overcome the bouncing spindle syndrome.
After I had a few of the long turnings done, I talked/complained to random shop patrons about my lathe fun and one of them mentioned using a rasp. Apparently, he had more turning knowledge than me (I think everyone does), and he had used the rasp a lot. It made good sense – a rasp is really just super-aggressive sandpaper. Plus, by holding the rasp more parallel to the piece than perpendicular, the rigid flat shape worked great to form the gradual curves with no humps. It wouldn't have worked so well on intricate turnings, but it worked great in this case.
After finishing this project, I have a new respect for wood turners and turning. After all, my turnings were simple and still provided quite the challenge. When I think about some of the turnings I have seen, especially in other works, like large hollow vessels, and I consider all of the issues that the turner might face in a project like that, it really makes me appreciate the craft of it. And, though I may never do another turned project in my life, I am glad I gave this one a go.


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Watch (and hold your breath) as Tiger Woods plays catch with Roger Clemens on a golf course
John Daly is happy to let "Little John Daly" step into the spotlight
Beau Hossler records his first professional victory, on Adams Pro Tour
Steve Stricker gets so excited about reaching a par 5 in two that he gives the cameraman a fist bump
Jack Nicklaus says he plans to be at Donald Trump's inauguration
Chambers Bay, as you've probably never seen it (and likely won't again soon)
Jack on Tiger: 'The talent is there. That's not going to leave'
Billy Andrade shares a hilarious story about routinely butt-dialing Arnold Palmer, including the King's response.
The USGA has plans to simplify the rules. We think it can do even more
Happy Friday! Here's a bikini-clad pro tennis player putting a boat in danger with a tee shot
Was your performance in 2016 slightly less than satisfying? Jordan Spieth's instructor, Cameron McCormick, gives you four ways to pull yourself out of that putting rut.
David Leadbetter says that throughout his work with Lydia Ko he struggled with interference from her parents that he fears could hurt her long-term career
Bing Crosby's son tells tales of a legend who was no snob when it came to his golf.
Watch Ian Poulter scold a cameraman after making a quadruple bogey
Two exercises for a better golf swing
Lexi Thompson holds her own and more playing with the men at Franklin Templeton Shootout
Wanna tee it up with former MLB All-Star Keith Foulke? He needs to find a golf partner ASAP
Watch Bryson DeChambeau drain his first official putt using the side-saddle method
Round of a Lifetime: Charity treats golfers with congenital heart diseases to golf at renowned courses
How Paul Azinger helped a former PGA Tour winner get back to Q School after nearly quitting
Australian drug kingpin who owned a mansion with a backyard golf course gets released from prison
Graeme McDowell is hosting a golf fantasy camp, and it looks spectacular. Here's how you can join the 2010 U.S. Open champ.
A thief wearing a Santa hat robs a golf course twice in 24 hours
Despite a four-win season in 2016, Lydia Ko had seen her driving distance and accuracy fall during the season, which might explain why she decided to split with David Leadbetter.
The USGA and R&A announced the ability to apply a Local Rule starting Jan. 1 that lets golfers who accidentally move a ball on a green not to incur a penalty
It's a simple question, and it seems like an important one: How long should it take to hit a golf shot? Rummage through most instruction books, and you'll find a lot on the subject of timing, but little on time.
Why Europe's most successful Ryder Cup captain is worried about Paris hosting the event
Jimmy Walker hit a flop shot to win the PGA Championship, you can hit flop shots under pressure, too.
U.S. Supreme Court rules against an insider trading case that helped Phil Mickelson
Did the New Zealand Prime Minister resign to play more golf?
Donald Trump won't get his wall, at least at his overseas golf course
What worked – and what didn't – last week in the Bahamas and South Africa
New focus on TP5, TP5x balls lies in a reformulated inner three layers of low-compression core, outer core and mantle
Golf Digest Podcast: What should you buy the golfer in your life? A look at this year's comprehensive golf gift guide.
Looks like Bryson DeChambeau wasn't kidding about putting side-saddle. . .


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Women In Suits – How To Rock A Suit Better Than Boys
We've seen many women in space, yet why can't we see more women in suits?! The trend that was so common, indeed dominating amongst the women of 1930's and 1940's is now easier than ever to wear – with an enormous deal of chic upgrades and an impressive variety of styles.
Anything boys can do, girls can do better… And the women in suits are the proof!
Suit yourself – because nothing says style and power like the women in suits.
Figuring out your work style is not an easy task, and it can be very discriminating to the big part of your wardrobe. Finding a work uniform that complies some basic office rules and the ideas of professionalism often leaves us with only a few (usually overly simple and dull) options to wear.
However, while many of you might think that suits fit exactly into the latter category, we're gladly and decidedly going to show you how wrong you are – of course, all for your sake.
Don't look at us in wonder, because when we say that suit is a godly invention sent to enliven your wardrobe, we mean it! And while you definitely can't fail by picking a dark color suit, from black and navy to dark purple and green – we suggest you let your imagination wander a little.
Black suits are a doubtlessly a great choice, incredibly easy to combine with literally anything and appropriate for a wide variety of occasions. Add to it a unique, colorful shirt or a big bright handbag and you're ready to go. However, colorful suit pieces along with the extraordinary, patterned additionals like shirts, or for a more casual look,T-shirts, shoes, vests, bags – are truly giving you a great field for creative playful and stylish combinations.
Here are the few inspirational stylish tips from the flawless women in suits
How to wear a suit? Well, it's totally up to you – the main rule is that there are no rules at all.
However, what we find particularly fun about women in suits are the funky masculine-feminine combinations. Breaking the strictness of the classic, somewhat sharp suit design with a pair of bleached jeans or a loose blouse adds a great deal of charm to the overall outfit and turns it into a chic and casual daily wear. Joined by a pair of hipster glasses, an interesting neck-piece or attractive jewelry, the suit will lose most of its serious air and give you the right image of a contemporary, confident and stylish woman who is creative and loves to experiment. By adding and removing the more casual items, you can dose the amount of uniformity of your outfit and adjust it according to the nature of the occasion.
If you're lacking inspiration, we are bringing you a few simple tips
Let's start with what to wear beneath the suit jacket. While practically anything works, we recommend you to choose a fancy shirt or a camisole (or even a short-sleeved sweater) made of smooth, gentle materials (e.g. satin, silk) for official and dressy occasions like job interviews or meetings. While fashionable prints and patterns are appropriate too, solid colors guarantee to keep you on the safe (and more formal) side.
If you, however, have no desire or intention of silencing your stylish cravings with monotones, you're more than welcome to play with patterns. The only thing you need to remember is to make sure that all the patterns and colors work together. One golden advice for the women in suits is not to overdo the patterns – if one or two layers are already patterned, you'll want to hold back with the third one.
Keep in mind as well that the suit jacket doesn't have to be necessarily followed by the classic pantsuits, and the other way around. For example, gray pantsuits can look incredibly stylish paired with the soft, pastel pink fuzzy sweaters and a suit jacket makes a great top to the cool leather pants or a pencil skirt. For a more 'effortlessly cool' look, you can also play with the crop tops, oversized blazers, and printed T-shirts.
And while the flats are a totally go-for-it option, keep in mind that there is something inexplicably sexy about the women in suits rushing around in their high heels.


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Sungei Wang Plaza
Sungei Wang Plaza and BB Plaza adjoin to form one of KL's biggest and best shopping complexes. You could lose yourself for hours exploring here. Sungei Wang is particularly good for youthful fashion and accessories, including many up-and-coming Malaysian designers.
Hours: 10:00am-10:00pm
Jln Sultan Ismail 55100
Tel: 03 2148 6109
Jln Sultan Ismail 55100
Tel: 03 2148 6109
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Talk:Highly totient number
From Wikipedia, the free encyclopedia
Please clarify[edit]
This "These numbers have more ways of being expressed as products of numbers of the form p - 1 and their products than smaller integers." needs to be clarified. Bubba73 You talkin' to me? 03:12, 29 February 2012 (UTC)
External links modified[edit]
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