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Sightsee on a Segway
Simply the best way to see Raleigh!
"Really Excellent!"
"Superb Experience & Safe & Fun"
"A Must-Do in Raleigh!"
OUR FULLY NARRATED SEGWAY TOURS will get you up close to Raleigh's fascinating points of interest. We often hear from our guests that our tours are one of the most fun things to do in Raleigh! And unlike a walking tour, you'll cover much more ground as you "glide" from place to place. We provide training, helmets, and a wireless audio pack so you can easily hear your guide's live narration about Raleigh's interesting history. No Segway experience is necessary. All tours include Segway rider training. Our store is located at 323 Blake St (in City Market).
Please scroll down to bottom of page to view our TOUR RESTRICTIONS, WEATHER POLICY AND GUIDELINES.
RESERVATIONS ARE REQUIRED FOR ALL TOURS. Online reservations typically cuts off 2 hours before a tour. If the start time is less than 2 hours, please call us at 919-828-1988.
Not all tours are offered every day. Please see our real-time calendar to view the tour schedule. You can conveniently book a tour directly from the calendar. The calendar includes all scheduled activities for all tour types. The tour durations noted are approximate and include a one-on-one rider training session.
Triangle Glides is the only authorized Segway tour operator in the North Carolina Triangle. Join us for a sightseeing adventure of Raleigh's historic neighborhoods and landmarks!
"I really enjoyed effortlessly gliding all over the city." - Guest review from Oct. 7, 2016
"Oakwood has a lot of history and our guide knew a bunch of it." Guest review from Oct. 1, 2016
"I had such a fun time, and learned so much about Raleigh. I highly recommend it." - Guest review from Sept. 24, 2016
1 hour and 30 minutes. $49 per person
Join us for a memorable sightseeing adventure that showcases a mix of historic and new landmarks in downtown Raleigh. This tour packs in a lot of sights! On your narrated Segway journey you'll see these highlights and more:
- Fayetteville Street: This "Main Street" of downtown Raleigh is the centerpiece of a multibillion-dollar revitalization effort.
- North Carolina State Capitol: The 19th-century beauty is steeped in history and has been restored to its 1840-1865 appearance.
- Legislative Building Complex: Designed by Edward Durell Stone, it has housed North Carolina State Government since 1963.
- Governor's Mansion: Built in 1891, the stately Queen-Anne style home serves as the official residence of North Carolina's governor.
2 hours. $59 per person
This tour showcases highlights of downtown Raleigh, including many of the popular points of interest and landmarks, and a slice of the lovely historic Oakwood district!
Highlights include:
- Fayetteville Street and State Capitol: A memorable sightseeing adventure showcasing a mix of historic and new landmarks along our "Main Street", including our state Capitol building.
- Governor's Mansion: Built in 1891, the stately Queen-Anne style home serves as the official residence of North Carolina's governor.
- Oakwood Historic District: The 19th-century neighborhood was Raleigh's first true suburb and is filled with lovely period homes. (Oakwood Cemetery is not included in this tour.)
2 hours. $59 per person
You'll discover "New Views of an Old City" on this Segway glide in downtown Raleigh, which includes parts of our fast-growing Warehouse District, known for its signature warehouses and artistic vibe. Highlights on your narrated tour include:
- The M.T. Pope House: The 1901 Victorian row house, a registered landmark, was the home of Dr. Manassa Thomas Pope, a prominent African-American physician (a graduate of Shaw University) born in 1858. Dr. Pope was a community leader, freemason, and Spanish-American war veteran.
- Cree Shimmer Wall: On the west side of the Raleigh Convention Center, more than 79,000 aluminum squares create a spectacular outdoor wall feature, depicting an image of an oak tree, which changes with the blowing wind.
- Warehouse District: Travel through a portion of the Warehouse District, a trendy and rapidly growing entertainment and arts district characterized by its repurposed historic red brick warehouses.
- Nash Square: Shaded by magnificent oaks, this historic park is one of the few remaining open green spaces from the original Raleigh plan of 1792. At its center is the North Carolina Fallen Firefighters Memorial.
- Seaboard Air Line Railroad Building: Built in 1862, the three-story brick Italianate structure served as railroad offices for more than 100 years. The Raleigh Historic Landmark is one of the city's earliest surviving office buildings.
2 hours. $59 per person
This tour focuses on Oakwood Historic District, a pretty downtown neighborhood filled with restored 19th-century homes in a variety of architectural styles. See where prominent city founders once lived and tour through the rolling, park-like grounds of historic Oakwood Cemetery. Triangle Glides is an Oakwood Cemetery authorized tour.
Points of Interest along the Historic Oakwood route:
- Oakwood Historic District: The 19th-century neighborhood was Raleigh's first true suburb and is filled with lovely period homes.
- Oakwood Cemetery: Founded in 1869, this beautifully landscaped cemetery is the final resting place of nearly 1,500 Confederate soldiers; the House of Memory pays tribute to North Carolinians who have served our country in times of conflict.
- Governor's Mansion: Built in 1891, the stately Queen-Anne style home serves as the official residence of North Carolina's governor.
1 hour and 30 minutes. $49 per person
This tour glides through the heart of the Oakwood Historic District, which was Raleigh's first true suburb and is today a treasure-trove of restored, period homes in a variety of architectural styles. Essential Oakwood is an excellent choice if you'd like to explore Oakwood but in less time than our Historic Oakwood tour. This route does not include Oakwood Cemetery.
- Oakwood Historic District: The 19th-century neighborhood was Raleigh's first true suburb and is filled with lovely period homes.
- Governor's Mansion: Built in 1891, the stately Queen-Anne style home serves as the official residence of North Carolina's governor.
2 hours. $59 per person
The wicked, sordid past of Raleigh is full of scandal and intrigue, including some bizarre deaths and even a ghost story or two. Starting with the city's namesake in the earliest days to early 20th-century politics, this tour reveals the other side of Raleigh that you won't find in guidebooks!
Highlights include:
- Crime and punishment: Barbaric 18th- and 19th-century public brandings and hangings, and punishment at the dreaded pillory.
- Scandals: Politicians fist-fighting inside the Capitol; Raleigh's first state treasurer and the mountain of missing state funds.
- A Most Unusual Duel: Raleigh's one and only known duel turned out a lot different than you'd think!
- The Military Riot: Considered the most dangerous event to happen in Raleigh during the Civil War and it didn't involve any Union troops.
SEGWAY TREASURE HUNT - Groups Only!
3 hours of treasure hunting & gliding
$120 per person
Tour minimum is 6 people/max 10
Go Treasure Hunting on a Segway for a unique, interactive sightseeing experience! Our three-hour Segway Treasure Hunts are special events that are ideal for corporate team-building, groups of friends, family reunions, and more! On our Segway Treasure Hunt you will:
- Draw upon your creativity and critical-thinking skills to seek out clues and decipher "National Treasure"-style riddles.
- Ride on Segway personal transporters through Raleigh's historic downtown neighborhoods, led by an expert guide. Each team travels on slightly different routes, but will see each other along the way to add to the competitive spirit of the event!
- Be able to customize your Treasure Hunt by including your own prizes for team members at the conclusion of the outing.
Triangle Glides uses the history of our Capital City as the foundation for our Treasure Hunts! You'll see downtown highlights, hear interesting stories, search on foot for hidden "caches" and solve a word puzzle.
Groups only! Minimum of 6 people required for this activity. (Max of 10)
Segway Treasure Hunts are special events and do not appear on our regular calendar. If you are interested in booking a Treasure Hunt for your party, please contact us at 919-828-1988 or click on the above "Contact us" button.


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Empleos de Internet en Antofagasta
…features Professional appearance ?? business casual environment at most locations Internet Savvy Qualifications: Enthusiastic with high energy throughout the sales
…equivalent work experience is preferred- 1+ years installing Cable TV, Data, Internet , and/or Satellite TV.- 1+ years Fiber/Copper I&M Telecom Experience- Customer
…most reliable network. Were also leading the way in cloud and security solutions, Internet of Things and video entertainment. Technology moves fast and so do we. We
…is your chance to get your foot in the door of the world's largest internet retailer and turn a temporary gig into a full-time career! Integrity Staffing is looking
…designing Cyber solutions that have reduced risk of attacks from Internet and/or insider sources,preferably in a Defense or National Intelligence agency,preferred.
Hola! Recientemente hemos probado un nuevo sistema de marketing automatizado con una tecnología ...
…most reliable network. We're also leading the way in cloud and security solutions, Internet of Things and video entertainment. Technology moves fast and so do we. We
…with role migration and migrating servers across domains - Experience with Internet Explorer, MS Office, and Adobe ? Desired Skills: - Deploying/managing servers
…control, etc.), video distribution systems (baseband, Radio Frequency (RF), or Internet Protocol (IP)) includes digital signage (CastNet Digital Signage and
Descubre el truco especial para vivir de encuestas pagadas por internet y pasar de recibir...
…achieve high standards Exceptional computer skills required (Excel, Word, PowerPoint, Internet Research) Ability to work additional and non-traditional work hours as

subset: commoncrawl


text:
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The site will be closed from 15 December 2016
What is the LEADER study?
The LEADER study was started in 2010 and investigated a once-daily diabetes treatment developed by Novo Nordisk, and the effect it has on heart disease in people with type 2 diabetes. LEADER finished in February 2016 and reported the main results in June 2016.
Long-term studies such as LEADER are also known as outcomes studies, and have been cornerstones for medical advancements for many years.
LEADER is sponsored by Novo Nordisk.
Who took part in the LEADER study?
People with type 2 diabetes and at high risk for heart disease were invited to take part in LEADER. In total 9,340 participants were included in the study, across 410 LEADER trial sites in 32 different countries.
Global LEADER overview :
Click on the map to know number of randomized participants and trial sites in participating countries.


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Hotels in Sipapu
Search all hotels in Sipapu
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Trending now in Taos
Hotels in Sipapu
- Most bookedSipapu Ski and Summer Resort
11 people looked at this hotel in the last hour
Hotels within 15 miles of Sipapu
- Hampton Inn TaosTop-rated for families
19 people looked at this hotel in the last hour
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"It's a nice hotel in a quiet part of town. It's clean, modern and comfortable."
A Traveller, Nov 2016, US
Hotels within 16 miles of Sipapu
38 people looked at this hotel in the last hour
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"This is a nice hotel with a very friendly staff. When we arrived the power was out in the area. We could not check in but they kept the bar open with emergency lights and flashlights. Rooms were nice and clean we discovered our room had a Murphy bed which worked well for us so I was able to cance..."
F, Nov 2016, US
35 people looked at this hotel in the last hour
Most recent review
"Location was great for us -along the main road into and out of Taos. No street noise. Standard Quality Inn style hotel, with the main entrance in Taos-style. Breakfast was simple, but good and abundant. Beds were poor -we did not sleep well and had a backache when we woke up. Kids stay free when ..."
A Traveller, Oct 2016, US
30 people looked at this hotel in the last hour
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"This is our new "go to" place to stay inTaos. Beautiful location, wonderful hosts, delicious fresh B&B type breakfast, hot tub under the New Mexico stars. Resort like but small and personal. Can't wait to go back."
A Traveller, Oct 2016, US
17 people looked at this hotel in the last hour
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"I really liked the stay. Clean, good air, nice view, comfy bed. Quiet with a great view on the mountains."
A Traveller, Nov 2016, US
13 people looked at this hotel in the last hour
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"My family and I needed a room ASAP. Our son was wrestling tournament at Taos Middle School. The staff was friendly and helpful. Our 2yr old wasn't feeling well. The lady at the front allowed my family a little more time to get him ready. Thank you for making our visit a pleasant one.."
A Traveller, Nov 2016, US
- Shady Brook Inn and ResortNo Guest Reviews yet
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"The staff here couldn't be nicer. They are willing to help with anything you need & if they don't have it they will find it for you. Beautiful hotel!"
W, Aug 2016, US
Hotels within 17 miles of Sipapu
19 people looked at this hotel in the last hour
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"Staff was friendly. Room was cute and quaint, but old. Parking was easy. Housekeeping could have been better. Old tv, but it worked fine. Location was ok."
A Traveller, Oct 2016, US
13 people looked at this hotel in the last hour
Most recent review
"We really enjoyed the place very well! It was very clean and neat. The owner and his staff were very friendly and welcoming! If we were to go to NM, we would definitely choose the same one! "
A Traveller, Nov 2016, US
Map of hotels in Sipapu
- Red River Ski Area
- Sipapu Ski Area
- Taos Ski Valley
- Taos Plaza
- Taos Pueblo
- Angel Fire Country Club
- Taos Mountain Casino
- El Valle Escondido Golf Course
- Kit Carson Park
- Al's Run Ski Lift
- Enchanted Circle Gateway Museum
- Taos Plaza Theater and Arts Center
- San Francisco de Asis Mission Church
- Williams Lake
- Eagle Nest Lake State Park
- Vietnam Veterans Memorial
- KTAOS Solar Center
- Wild Rivers Recreation Area
- Bent Gallery and Museum
- Navajo Gallery
What you should know about Sipapu
Are you looking for a cheap Sipapu hotel, a 5 star Sipapu hotel or a family friendly Sipapu hotel? You just landed in the best site to find the best deals and offers on the most amazing accommodations for your stay.
When you search for hotels near Sipapu with Hotels.com, you need to first check our online map and see the distance you will be from Sipapu, New Mexico.
Our maps are based on hotel search and display areas and neighborhoods of each hotel so you can see how close you are from Sipapu and refine your search within Taos or New Mexico based on closest public transportation, restaurants and entertainment so you can easily get around the city. All the hotels details page show an option for free or paid onsite parking.
If you wish to see the hotels with the highest featuring discounts and deals near Sipapu, simply filter by price/ average nightly rate. We recommend you filter by star rating and read our genuine guest reviews so you can get the best quality hotel with the best discount.
One of the new features on Hotels.com guest reviews is that also show reviews from Expedia for Sipapu hotels and the TripAdvisor Sipapu hotels reviews so you can make sure that you checking with a reliable source. See the review scores on our Taos hotel information pages.
Make the most out of your family vacation when you book your accommodation with Hotels.com – book your hotel near Sipapu, Taos after reviewing the facilities and amenities listed for each hotel.
After booking your hotel near Sipapu, expect to receive your reservation confirmation in the mail in less than 10 minutes. The confirmation email contains more information on all nearby attractions, local directions and weather forecast, so you can better plan the days during your trip.
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The best hotel deals are here: We have Sipapu hotel deals, Sipapu last minute deals and offers to get you the cheapest Sipapu hotel with our lowest price guarantee.


text:
For sale by The Magic Touch MEMBER 9 Oct 9:59 amDehiwala, Colombo
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text:
Hotel Rahi
Panchvati, Nashik, Maharashtra - 423 109
Hotel Rahi, Nashik - Location on Map
Hotel Rahi, nashik
Hotel Rahi, Nashik - Overview
Situated in Nashik is Hotel Rahi. This well-appointed premise accommodates its guests in nicely furnished rooms. All these rooms are well-set with comfortable beds and TV set with premium channels to watch your favorite shows. Smoking rooms are also accessible to guests. A tidy attached bathroom with steady supply of hot/cold water is also available in these rooms. This budget property offers healthy breakfast services every morning. Tourists can take pleasure of modern hotel facilities like daily newspapers, quick laundry service and many such basic comforts. Onsite parking is complimentary here. The travel desk provides a complete guide to explore the eye-pleasing sights of Nashik.
Check-in time : From 11:00 am
Check-out time : Until 12:30 pm
Check availability for Hotel Rahi, Nashik
Why book with Travelguru?
- 36,000+ Hotels covering 790+ cities in India
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We are sorry, the hotel is not available as of now
Please click here to search for other hotels in this city. You can call us on +912242754878 for any clarification.
Hotel Rahi, Nashik - Amenities
- Breakfast Services
- Catering
- Front desk
- Laundry facilities
- Medical services
- Newspaper
- Parking
- Room service
- Suitable for children
- Travel counter
- Attached Bathroom
- Bottle opener,Wardrobe, water
- Bottled/drinking water
- Desk
- H/C running water
- Kitchenette
- Premium TV channels
- Separate sitting area
- Sofabed
- Tea Coffee Maker
- Temperature Control


text: Federal NDP Leader Thomas Mulcair has frankly demonstrated astonishing political courage in being willing to speak up on behalf of Gary Freeman, a black American who had lived in Canada under an assumed name for decades while hiding from US authorities on an aggravated assault charge involving a Police officer in 1969 and is now . . . → Read More: Autonomy For All: Mulcair Displays Actual Courage


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Split Decision (Oatnanaberry) Muffins.
Total Time
Prep 10 mins
Cook 15 mins
Looking for a healthy, convenient breakfast? Muffins are a natural choice, but what kind of muffins? Oat muffins? Banana Muffins? Blueberry muffins? Why not all three, an oatnanaberry muffin! This is the perfect recipe when you want all three of the best muffin flavors.
Ingredients Nutrition
- 3⁄4 cup old fashioned oats
- 1 cup skim milk
- 1 1⁄4 cups whole wheat flour
- 1 1⁄2 teaspoons baking powder
- 1⁄2 teaspoon baking soda
- 1⁄2 teaspoon kosher salt
- 1 cup fresh blueberries
- 1 ripe banana, mashed
- 1⁄4 cup canola oil
- 2 egg whites
- 1⁄2 cup Splenda brown sugar blend
- 1 teaspoon vanilla extract
- Preheat oven to 350, and lightly oil a muffin tin.
- Mix milk and oats, set aside while you prep the rest of the batter.
- Sift together flour, baking powder, baking soda, and salt.
- Thoroughly mash and pulverize the banana, and add to oats.
- Add oil, egg whites, sugar, and vanilla to oat mixture.
- Add the oat mixture to the dry mixture, and stir gently. Do not overmix.
- Gently fold in blueberries.
- Divide muffin batter into muffin tin cups.
- Top with more oats and blueberries, if desired.
- Bake about 15 minutes, or until a cake tester or toothpick inserted in the center of a muffin comes out clean.
- Enjoy your breakfast!
Most Helpful
These really should be 4 1/2 stars, but that is how I feel about them. I think it would have made the muffins even more moist if there was another banana in them, but otherwise a tasty and guilt free pleasure.
These are very moist and flavorful, and I really like that they use no white four and are both low in carbs/sugars and fat. I know I will make this often, as we enjoy home baked things occasionally for breakfast and this is so tasty. Good luck in the contest! ~Sue
No one needs to know how healthy and low fat these moist, fruity muffins are. What a wonderful combination of flavors! I made 6 jumbo muffins in liners and 3 smaller, regular-size muffins. All divinely delicious!


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Chelsea Therapeutics International, Ltd.NASDAQ
Oct. 20, 2014, 8:27 AM
- In two Phase 2a clinical trials, privately-held Genervon Biopharmaceuticals' drug candidate for Amyotrophic Lateral Sclerosis (ALS), GM6 (known as GM604 in the ALS trial and GM608 in a Parkinson's disease study), showed encouraging disease-modifying results albeit in a small number of patients.
- In the ALS study, GM604 significantly reduced the decline in ALSFRS-R versus the historical control (p=0.0047). Seven of eight patients has their ALS disease progression slowed or stopped at week 12 after six doses of GM604. Five of seven treated patients had their forced air capacity (FVC) disease progression slowed or reversed at week 12 compared to historical placebo (-11.5% compared to -4.7% after treatment).
- In the Parkinson's study, the difference in the treated patients' UPDRS scores versus historical placebo at week 12 were statistically significant (p=0.0085). Changes in secondary clinical outcomes measures at week 2 were statistically significant at the one-tailed 10% level for four of eight patients.
- Genervon has submitted these results to the FDA for guidance on how to make GM6 available for ALS and PD patients. GM604 for ALS has been designated Fast Track and an Orphan Drug by the FDA.
- ALS-related tickers:(NYSEMKT:CUR) (NASDAQ:BCLI) (NASDAQ:MNOV) (NASDAQ:BIIB) (NASDAQ:CYTK)
- PD-related tickers: (NASDAQ:ACOR) (Pending:CVTS) (NASDAQ:ACAD) (OTCQX:CYNAF) (NASDAQ:IPXL) (OTCQB:TTNP) (OTCQB:SGTH) (NYSE:TEVA) (NASDAQ:ADMS) (NASDAQ:PRAN) (NASDAQ:CHTP) (NASDAQ:PRTA) (NASDAQ:FOLD) (NASDAQ:AVNR) (NYSE:BSX) (NYSE:MRK)
Jun. 6, 2014, 7:37 AM
- The waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 has expired pertaining to Lundbeck's planned acquisition of Chelsea Therapeutics (CHTP). It will acquire Chelsea for $6.44/share plus on contingent value right for up to $1.50/share for an aggregate of $658M on a fully diluted basis.
- The expiration of the waiting period satisfies one of the conditions necessary for the closing of the offer and merger.
May 8, 2014, 12:48 PM
May 8, 2014, 9:16 AM| May 8, 2014, 9:16 AM
May 8, 2014, 8:36 AM
- By acquiring Chelsea Therapeutics (CHTP), Lundbeck (HLUKF) gains the rights to Chelsea's Northera treatment for neurogenic orthostatic hypotension, a disease that is associated with neurological disorders such as Parkinson's.
- Northera recently won FDA approval and is due to be launched later this year.
- Lundbeck's offer of $7.94 a share comprises $6.44 a share in cash and up to $1.50 of contingent value rights (CVRs) that will be related to Northera's commercial performance.
- The transaction is expected to close in Q3.
- Chelsea Therapeutics' shares are +32% at $6.60. (PR)
- Previous
May 8, 2014, 8:00 AM| May 8, 2014, 8:00 AM
Mar. 13, 2014, 1:58 PM
- Shares of Chelsea Therapeutics (CHTP +13.2%) pop as rumors persist that the company will be acquired or will engage a partner to commercialize Northera.
- The FDA approved the drug on February 18.
Mar. 11, 2014, 4:55 PM
- Chelsea Therapeutics International, Ltd. (CHTP): Q4 EPS of -$0.07 in-line.
Feb. 19, 2014, 12:45 PM| Feb. 19, 2014, 12:45 PM | 1 Comment
Feb. 19, 2014, 9:38 AM
- Deutsche Bank raises its price target for Chelsea Therapeutics (CHTP) to $8 following the FDA's approval of the company's Northera treatment. Needham ups its target to $10.
- Shares are surging 33% to $6.61.
- The drug is indicated for preventing sudden drops in blood pressure, which can lead to dizziness and fainting, in patients with neurogenic orthostatic hypotension, a disease that is associated with neurological disorders such as Parkinson's.
- Wedbush analyst Liana Moussatos expects the company to explore partnerships or to even be acquired, although it could launch Northera on its own. Moussatos estimates that the treatment could generate $430M in global peak sales.
- The FDA authorized Northera on an "accelerated basis", which means patients will get access to it while the company carries out a post-market study of 1,400 people to see whether Northera has a durable effect - efficacy beyond two weeks has yet to be demonstrated.
Feb. 19, 2014, 9:13 AM
Feb. 18, 2014, 5:35 PM
- Chelsea Therapeutics (CHTP) resumes trading after being halted following the FDA's approval of Northera; shares now +35.5% after trading 33%-40% higher since restarting at 5:25.
Feb. 18, 2014, 5:09 PM
- The FDA confirms it approved Chelsea Therapeutics' (CHTP) Northera capsules for the treatment of neurogenic orthostatic hypotension.
- Northera will contain a boxed warning to alert doctors and patients about applicable risks, and the package insert indicates that effectiveness beyond two weeks of treatment has not yet been demonstrated, but there's no restriction on prescription use.
- CHTP calls the approval "an extraordinary achievement."
- Shares to resume trading at 5:25.
Feb. 18, 2014, 4:49 PM
- A decision for the Northera new drug application was postponed from last Friday due to an office closure caused by severe weather.
Feb. 18, 2014, 9:13 AM
Feb. 14, 2014, 7:07 PM
- The suspense continues: Chelsea Therapeutics (CHTP) says the FDA has notified it that the decision date for the Northera new drug application has been extended to Feb. 18 due to an office closure caused by severe weather.
- Shares, which had been down more than 20% AH, now +1.4%.


text:
Order this restaurant's top-selling items.
Assorted meats and cheeses, marinated olives, seasonal chutney, and served with crostini. Serves two people.
Assorted cheeses, seasonal chutney and served with crostini. Cheeses are selected to pair with our wines. Serves two people.
Spaghetti with house-made, roasted garlic marinara sauce topped with zesty meatballs.
Parma prosciutto, mushrooms, peas and asiago cheese.
12 inch wood fired pizza with tomato sauce and mozzarella.
Mushrooms, red peppers, serrano chilies, mozarella and tomato sauce.
Tomato sauce, mozzarella and pepperoni.
12 inch wood fired pizza with pepperoni, meatball, sausage, mushroom, red pepper, mozzarella, and tomato sauce.


text:
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New Jersey Supreme Court
Decided: November 19, 1956.
THOMAS J. YANUZZI AND GEORGE A. COSTELLO, PLAINTIFFS-APPELLANTS,v.THE MAYOR AND COUNCIL OF THE BOROUGH OF SPRING LAKE, ET AL., DEFENDANTS-RESPONDENTS
On appeal from the Law Division to the Appellate Division of the Superior Court.
For reversal and remandment -- Chief Justice Vanderbilt, and Justices Heher, Wachenfeld, Burling and Jacobs. For affirmance -- None.
[22 NJ Page 568]
There was summary judgment for defendants in this proceeding in lieu of the prerogative writ of mandamus, to compel the installation of "water and sewer mains at the Borough's expense" for the servicing of Yanuzzi's vacant land on the westerly side of Monroe Avenue, and Costello's vacant land on the easterly side of Third Avenue, in Spring Lake.
The complaint alleges, in separate counts, that Yanuzzi and Costello are severally "being deprived" of water and sewer facilities because neither Monroe Avenue nor Third Avenue has the "necessary water and sewer mains"; and that Yanuzzi had proposed, in the alternative, that he "be permitted to tap the sewer and water lines already in existence on South Boulevard, the closest and only sewer and water lines available, by means of an easement, which plaintiff could create in perpetuity over the westerly side" of the adjacent lot now owned by him, all of which had been refused; and that the "sewer and water system(s)" are "owned and operated by the Borough at general public expense."
At the outset, the landowners' demands were rejected by a resolution of the governing body declaring that they "may run the water and sewer mains in front of their [respective] properties," "at their entire cost and at no cost to the Borough," but according to the borough's "specifications" and under its "supervision"; and also that, in the case of
[22 NJ Page 569]
Yanuzzi, it was "contrary to their policy to permit such an easement." But later on, May 6, 1956, Costello was advised by the borough's attorney that his application "for extension of water service will probably be granted subject to the availability of funds for the purpose, and that the same situation obtains regarding sewer extension, except that the sewer will be at the expense of the properties benefitted and not as a general improvement."
When it was found on the oral argument that the parties were not altogether in disagreement as to relevant matters not encompassed by the record, the court suggested that they stipulate the facts no longer in dispute and set down the things bearing upon any issue remaining unsettled; and the result was a concession by the borough that, in keeping with prior practice, the water mains would be provided at the expense of the borough, and the cost included in its 1957 budget, thereby closing this controversy.
But there was no agreement in respect of the sewer mains. The borough contends that the "extensions of the sewer system have been, without exception, made at the expense of the property owner or owners benefitted, either by the installation and payment for such extensions by the property owner under the supervision and pursuant to specifications by the Borough, by installation by the Borough upon agreement by the owner or owners to pay for the improvement or by special assessment against the properties benefitted."
Plaintiffs, on the other hand, insist that the borough (this also from the stipulation adverted to) is "required to pay the initial cost of the installation of the water and sewer mains," but they deny that they are seeking to avoid "any expense for the initial installation of sewer mains," declaring that they "merely contend that the initial cost of installation is to be paid for by the defendants and that the defendants may then determine whether they wish to pay for said installation itself, or assess the cost for the same against the properties benefitted thereby," and acknowledging that "an assessment for sewer lines may be made if such action constitutes equal treatment to all taxpayers
[22 NJ Page 570]
in the same class and under the same terms and conditions," but reserving "the right to ascertain the validity of any municipal action in this regard."
A later oral presentation revealed that there are factual issues as to the general policy and practice of the borough in providing sewer-main extensions in like circumstances, the use of easements in private property to that end, and the particular local need in relation to the surroundings and the municipal boundary line, all of which remain to be resolved in the determination of what would constitute a fair and reasonable exercise of governmental discretion.
Indeed, the judgment for defendants proceeds on the hypothesis that the pleaded right of action was lost by the operation of the limitation clause of R.R. 4:88-15(a).
But plaintiffs are seeking to enforce as landowners an asserted right to local services * * * a continuing right, if there be a right at all, enforceable by the constitutionally-secured proceeding in lieu of the prerogative writs; and the right is not lost by a failure of such judicial action within 30 days from the local authority's mere refusal to act. This is not a proceeding to "review" formal action by the governing body, but rather for "relief" by way of the prerogative writ in the nature of mandamus, to command performance of what is deemed to be an enforceable governmental duty. It is not within either the letter or the spirit of the cited rule. The subsequent specific enumerations of the rule itself resolve all doubt on this score.
The judgment is accordingly reversed; and the cause is remanded for further proceedings in conformity with this opinion.
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June 11, 2010
TARGET MEDIA PARTNERS, PLAINTIFF,v.GREG OWEN, DEFENDANT.
Gregg Owen has filed an arbitration proceeding before JAMS, a private arbitration firm in Chicago, against his former employer Target Media Partners (TMP). TMP has filed suit to enjoin the arbitration, on the grounds that it did not consent to arbitrate disputes before JAMS and the claims at issue are governed by an arbitration provision that states that disputes should be arbitrated before the American Arbitration Association (AAA) in Las Vegas, Nevada. Owen moves for summary judgment. For the reasons stated below, the Court denies the motion. (Based on plaintiff's recent submission, the Court finds that it has subject matter jurisdiction.)
From 2000 to 2002, Owen was employed as the general manager of "Autofocus," a trade publication owned by Target Media Partners Operating Company, a Nevada corporation (TMPNV). Owen's employment at TMPNV was governed by an employment agreement. Under the employment agreement, Owen received a salary and several kinds of stock options, including direct awards of stock for each year of employment, traditional stock options, and warrants that gave him the right to purchase a 1.57 percent share in TMPNV (his "warrant percentage") in the event of an initial public offering or a sale of the company. The warrants were governed by a separate warrant agreement, which was incorporated by reference into the employment agreement. Under the warrant agreement, Owen also received cash disbursements, called "dividends," that were calculated by multiplying the free cash flow of the company by his warrant percentage.
In March 2002, TMPNV terminated Owen's employment and subsequently filed suit in state court in DuPage County, Illinois to prevent Owen engaging in competing business activities. Owen counterclaimed, alleging that TMPNV had dismissed him without cause and had therefore violated the terms of the employment agreement.
Owen's employment agreement included an arbitration clause that provided that employment disputes be arbitrated before the AAA in Chicago. The parties agreed, however, to arbitrate their dispute before JAMS instead. Arbitration of TMPNV's claim and Owen's counterclaim began before JAMS in 2003 (the "first arbitration"). In 2007, the JAMS arbitrator issued an award in Owen's favor that included unpaid salary, unpaid bonus, shares of TMPNV stock, and "warrant dividend payments" for the years 2001-2006.*fn1 The arbitrator ruled that his awards were final, and the awards were later confirmed by Judge Robert Gettleman of this district. Owen v. Target Media Partners Op. Co., Case No. 07-6027. A full satisfaction and release of judgment was entered on October 8, 2008, and the case was dismissed with prejudice on November 7, 2008.
In 2005, TMPNV merged into Target Media Partners, a Delaware corporation (TMP). TMPNV stock shares were repurchased in a recapitalization transaction and became TMP stock. The arbitration award gave Owen "2,000 shares of TMP stock." Although TMPNV did not exist at the time of the arbitration award, Owen appears to have been unaware of the merger with TMP, and he requested (and was issued) stock certificates for 2000 shares of stock in the then-defunct TMPNV. Owen also received a check for the cash portion of the award, including the warrant dividends for the 2001-2006 period.
On August 11, 2009, Owen initiated a second arbitration against TMP before JAMS, claiming TMP had failed to pay him warrant dividends for 2007 and 2008 to which he was entitled. Before an arbitrator was selected, TMP notified JAMS that commencement of this second arbitration was improper because it violated JAMS rule 5, which requires both parties to consent to arbitration. TMP argued that although it had agreed to use JAMS in the first arbitration, that agreement ended with the conclusion of the first arbitration in 2007. On October 22, 2009, JAMS sent the parties a letter instructing them to proceed with selecting an arbitrator and stating that TMP's argument about whether Owen's claim was arbitrable would be decided by the arbitrator.
After receiving the letter from JAMS, TMP filed the current lawsuit to enjoin the arbitration. TMP contends the parties' agreement to arbitrate before JAMS in the first arbitration was limited to disputes arising out of the employment agreement and that TMP never consented to use JAMS to arbitrate future disputes. According to TMP, Owen's action seeking warrant dividends for 2007 and 2008 falls outside of the scope of the first arbitration. TMP contends that Owen's request for 2007 and 2008 warrant dividends is instead governed by the warrant agreement, which it claims identifies AAA in Las Vegas, Nevada as the proper forum for arbitration. Therefore, TMP contends, the arbitration before JAMS is improper.
Owen contends that his request for warrant dividends from 2007 and 2008 is merely a continuation of an issue that was already litigated in the first arbitration, and therefore arbitration before JAMS is appropriate. He argues that TMP is precluded from arguing that it has not consented to arbitration before JAMS, because TMP made the same argument in the first arbitration, and the arbitrator ruled against it. Therefore, Owen contends, arbitration before JAMS is appropriate and he is entitled to summary judgment on TMP's current claim before this court.
A. Substantive Claims About Warrant Dividends
The Court notes at the outset that the parties agree that Owen's claim for 2007 and 2008 warrant dividends is subject to arbitration; they dispute only where such arbitration should take place. The Court therefore does not address the merits of Owen's claim. To make its current ruling, the Court discusses some of the facts underlying Owen's claim for 2007 and 2008 dividends, but this should not be interpreted as reflecting the Court's views on the merits of that claim.
B. Summary Judgment Arguments
On a motion for summary judgment, the Court draws "all reasonable inferences from undisputed facts in favor of the nonmoving party and [views] the disputed evidence in the light most favorable to the nonmoving party." Harney v. Speedway SuperAmerica, LLC, 526 F.3d 1099, 1104 (7th Cir. 2009).
Owen makes two arguments in favor of his motion for summary judgment: TMP is precluded from disputing that JAMS is a proper forum; and the current warrant divided claims fall within the scope of the parties' agreement to use JAMS.
1. Issue Preclusion
Under the Full Faith and Credit Act, a federal court must give the same preclusive effect to a state court judgment that it would be given by another court of the state. 28 U.S.C. § 1738; Exxon Mobil Corp. v. Saudi Basic Inds. Corp., 544 U.S. 280, 293 (2005). When a federal court is considering a state law issue and a party claims that an earlier state decision has preclusive effect, the federal court must apply state law in determining whether relitigation of the issue is precluded. Jarrard v. CDI Telecomms., Inc., 408 F.3d 905 (7th Cir. 2005). The first arbitration was conducted in Illinois applying Illinois law, so to determine the preclusive effect of the prior adjudication, the Court looks to Illinois law.
Under Illinois law, issue preclusion applies when the issue has been "fairly, completely, and necessarily resolved in a prior proceeding." Taylor v. Peoples Gas Light & Coke Co., 275 Ill. App. 3d 655, 660, 656 N.E.2d 134, 139 (1995). An arbitration award has the same preclusive effect as a court judgment unless the arbitration proceeding was unfair or the result unreliable, or giving the award preclusive effect would be incompatible with other legal or contractual policies. Id. at 661, 656 N.E.2d at 140. Issue preclusion applies if the issue decided in the prior adjudication is identical to the one presented in the instant suit; the prior suit resulted in a final judgment on the merits, and the party against whom preclusion is asserted was a party or in privity with a party to the prior suit. Id. (citing In re Nau, 153 Ill. 2d 406, 424, 607 N.E.2d 134, 143 (1992)).
In the first arbitration, TMP argued that issues relating to warrants to purchase stock and warrant dividends should not be part of the arbitration proceeding, because they did not relate to Owen's employment agreement. Defs.' Mot. for Summ. J., Ex. 3. TMP argued to the arbitrator that the warrant agreement, which governed Owen's warrants to purchase TMP stock, included an agreement to arbitrate any disputes arising thereunder before AAA in Nevada. Therefore, TMP contended, the first action before JAMS could not address any disputes over Owen's right to purchase stock options or his entitlement to dividends, because those issues had to be arbitrated before AAA in Nevada.*fn2
Owen countered that his claims for warrants and warrant dividends were properly considered as part of the arbitration of his employment agreement. The employment agreement's arbitration clause covered all disputes "arising out of or relating to" the agreement. He argued that because the warrants were part of his compensation package, his claims for the warrants arose out of or related to his employment agreement and were therefore properly before the JAMS arbitrator. Id., Ex. 4.
The arbitrator agreed, ruling that the "value of the warrants is part of Claimant's claim under the Employment agreement and is a 'dispute among the parties arising out of or relating to this Agreement,'" and therefore could be considered in the first arbitration. Id., Ex. 5. TMP sought reconsideration, but the arbitrator reaffirmed the ruling.
Owen now argues that the arbitrator's ruling in the first arbitration should preclude TMP from arguing that JAMS is an inappropriate venue for his current claim for 2007 and 2008 dividends. Owen's new claim before JAMS is that "Owen's right to be paid Warrant dividends under the Warrant Agreement was fully and finally decided by Judge Sullivan [the arbitrator] on May 23, 2007." Compl., Ex. I ¶ 12. The first arbitration award, however, makes no mention of warrant dividends for 2007 or 2008. The section of the arbitration award that mentions warrant dividends reads as follows:
[T]he Arbitrator awards the Claimant, Gregg Owen, $209,127.09 in salary, a bonus of $171,000 for 2001, 2000 shares of TMP stock, and warrant dividends of $482,430.79 for 2001 through 2005. The Arbitrator finds that the Claimant is entitled to warrant dividends for 2006, that amount to be determined when the 2006 numbers are made available.
Compl., Ex. C ¶ 8.
The grounds on which Owen now seeks 2007 and 2008 warrant dividends are not entirely clear. In support of his motion for summary judgment, Owen argues that "the arbitrability issue that TMP Nevada raised in the First Arbitration is the same arbitrability issue that [TMP] has raised in this lawsuit" and should therefore be precluded. Defs.' Mem. in Support of Summ. J. at 9.
TMP disagrees. It argues that "the only issue resolved at the prior arbitration was whether Defendant's employment was terminated for cause, thereby vitiating his entitlement to dividends under the then existing Warrant Agreement." Pl.'s Mem. in Opp. to Summ. J. at 9. TMP contends that Owen did not receive dividends in 2007 and 2008 not because of anything concerning his employment agreement, but because he failed to sign merger and joinder agreements to transform his warrants in the defunct TMPNV to shares in TMP. Therefore, TMP argues, Owen's current claim arises out of "events subsequent to the initiation of the arbitration . . . [that] were never a part of Defendant's original claim." Id. at 10.
When TMPNV merged into TMP, all warrants in TMPNV were cancelled in exchange for the right to receive a security interest in TMP. This exchange required the execution of a "joinder agreement" and the execution and delivery of a letter of transmittal exchanging the warrants. TMP argues that Owen has not received warrant dividends because he has not transformed his warrants in TMPNV into shares of TMP, not because of anything related to his employment agreement. Therefore, TMP argues, the issue of whether the current claim for warrant dividends is arbitrable is entirely different from whether the claim for warrant dividends in the first arbitration was arbitrable.
Owen's employment agreement included several kinds of compensation in the form of stock. The first was for an automatic award of 500 shares of stock per year for four years (which is presumably how the arbitrator arrived at the 2000 shares figure in the first arbitration award). The second was for "stock options" in TMPNV, defined as the opportunity to purchase 1000 shares of stock, exercisable at a stated price and vesting at 25% per year. The third was for "Autofocus warrants," which are warrants to purchase a 1.57 percent share in Autofocus in the form of TMP stock, exercisable if TMP engaged in an "exit event" (defined as the issuance of an initial public offering, sale of TMPNV, or sale of Autofocus). Def.'s L.R. 56.1 Stat., Ex. A at 5-6. The only one of these three types of stock compensation that refers to a warrant agreement is the Autofocus warrants.*fn3
In the first arbitration, Owen was awarded 2000 shares of stock, though stock in which entity is not entirely clear from the arbitration award. In December 2007, counsel for TMP and Owen exchanged letters about these shares of stock. In a letter dated December 6, 2007, TMP informed Owen that this award of shares was for stock in the now-defunct TMPNV and that to receive shares of TMP, he would need to execute a letter of transmittal. TMP contends that Owen never executed such a letter.
In its brief opposing summary judgment, TMP argues that the December 6 letter demonstrates that the failure to pay 2007 and 2008 warrant dividends is unrelated to the first arbitration but instead arises from Owen's failure to execute the necessary paperwork to effectuate the transfer of shares from TMPNV to TMP. Pl.'s Mem. in Opp. to Summ. J. at 2. This argument appears to be in error. In TMP's responses to Owen's Local Rule 56.1 statements, it admits that the December 6 letter involved the shares of stock that Owen was issued under the arbitration award, not the warrants or warrant dividends. Pl.'s Resp. to Def.'s L.R. 56.1 Stat. ¶¶ 36-39.
That does not mean, however, that TMP necessarily loses on summary judgment. To determine whether TMP's claim is precluded, the question is whether the issue decided in the prior arbitration is identical to the one presented in the present suit. Taylor, 275 Ill. App. 3d at 660, 656 N.E.2d at 139. When the arbitrator in the first arbitration awarded Owen warrant dividends, he did so as part of a package that also included back salary and back bonus. Viewed this way, the warrant dividends seem to have been part of a package designed to compensate Owen for the salary, options, and other financial benefits that he did not receive because he was wrongfully terminated. It appears that warrant dividends beyond 2006 were not included in that package of lost compensation.
It is not clear from Owen's claim for 2007 and 2008 dividends what he believes he is requesting, in part because the status of his warrants to purchase under the original employment agreement is unclear. The first arbitration award only addresses warrant dividend payments for 2001-2006, which the parties agree have already been paid. The award did not give Owen any warrants, but it is possible that he already possessed them at the time he was terminated and believes he is entitled to ongoing dividends from those warrants (though, as TMP points out, his warrants were to purchase stock in TMPNV, an entity that no longer exists). It is also possible that Owen's current claim mistakenly uses the term warrant dividends to refer to any dividend proceeds on the 2000 shares of stock he was awarded in the first arbitration award.
The evidence suggests that although both the first arbitration and the current claim use the term "warrant dividends," the underlying facts may well be quite different. Owen's conclusory statement that the arbitrability issue here is the same as the one in the prior arbitration does not persuade the Court that the issues are identical for purposes of issue preclusion. The Court therefore rejects Owen's argument that the Court should grant summary judgment in his favor on that ground.
2. Agreement to Use JAMS Instead of AAA
Owen also contends that his current claim for warrant dividends from 2007 and 2008 falls within the parties' agreement to use JAMS instead of AAA. He contends that "while the years of [TMP's] refusal to pay the dividend are different, the dispute is the same." Def.'s Mem. in Support of Summ. J. at 10.
As discussed above, TMP disputes Owen's characterization that this is the same dispute that was decided in the first arbitration dealing with Owen's employment agreement. According to TMP, Owen has not been paid the dividends he now seeks because he has failed to complete the paperwork necessary to transform his TMPNV warrants into shares of TMP. This circumstance, TMP argues, arose after and independently of the first arbitration, and it is unrelated to his employment agreement. Because the agreement to use JAMS applied only to disputes arising under the employment agreement, TMP argues, Owen's current claim is not properly before JAMS. Therefore, TMP argues, the issue is not the same as the one previously decided, and their agreement to arbitrate before JAMS in the first arbitration does not extend to this claim.
For the same reasons as above, the Court concludes that there is a genuine issue of fact regarding whether Owen's current claims arise out the first arbitration such that the agreement to use JAMS still applies, or whether they are separate claims not covered by the agreement. The Court therefore denies Owen's request for summary judgment on this basis.
For the reasons stated above, the Court denies Owen's motion for summary judgment. The case is set for a status hearing on June 30, 2010 at 8:45 a.m.
MATTHEW F. KENNELLY United States District Judge
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Common Dreams
Global governments spend more than double what energy companies invest to find new regions for oil and gas drilling, despite climate change risks, report finds
by Nadia Prupis, staff writer
As existing wells dry up, discovering new reserves in more remote areas has become costly. In 2013, the world's top 20 oil and gas companies invested just $37 billion in exploring reserves of oil, gas and coal.
"G20 governments' exploration subsidies marry bad economics with potentially disastrous consequences for climate change," write report authors Elizabeth Bast, Shakuntala Makhijani, Sam Pickard and Shelagh Whitley. "In effect, governments are propping up the development of oil, gas and coal reserves that cannot be exploited if the world is to avoid dangerous climate change."
Those countries are creating what the report terms a "triple-lose" scenario: investing financially in high-carbon assets that may cause catastrophic climate effects; diverting potential funds for low-carbon energy alternatives like solar, hydro, and wind power; and undermining prospects for an effective, large-scale climate deal next year.
"The scale at which G20 countries are subsidizing the search for more oil, gas and coal—through national subsidies, investment by state-owned enterprises and public finance for exploration—is not consistent with agreed goals on the removal of fossil fuel subsidies or with agreed climate goals, and is increasingly uneconomic," the report states.
The 2009 pledge, known as the Copenhagen Accord, recognizes that any increase in global temperature should be below two degrees Celsius. But the accord was non-binding—and some of its authors, including the United States, Brazil, and China, are among the biggest financial backers of global fossil fuel exploration. Keeping global temperature increases within 2 C would require leaving almost two-thirds of those untapped reserves in the ground.
"Without government support for exploration and wider fossil-fuel subsidies, large swathes of today's fossil-fuel development would be unprofitable," the report states. "Directing public finance and consumer spending towards a sector that is uneconomic, as well as unsustainable, represents a double folly... Globally, subsidies for the production and use of fossil fuels were estimated at $775 billion in 2012."
The U.S. has become the world's largest producer of both oil and natural gas, surpassing even Saudi Arabia and Russia. It spends more than $6 billion annually on domestic and foreign fossil fuel exploration projects, mostly through tax deductions, and Congress has rejected every plan to repeal those breaks since President Barack Obama took office, the report notes.
But the Obama administration "also champions the current oil and gas boom as the centerpiece of its 'All of the Above' energy strategy, which has been the major driver of the increase in fossil fuel subsidy values," according to the report. And the country's largest oil and gas companies, like Exxon Mobile, Chevron, and BP, "are likely to be benefiting the most from exploration subsidies."
That is hard to confirm, however—subsidies to individual companies are considered "confidential tax information" in the U.S.
According to the report, every dollar of renewable energy subsidies brings back $2.5 in investments, compared to $1.3 brought by every dollar in fossil fuel subsidies.
"Despite the widespread perception that renewables are costly, our research reveals that finding new fossil fuel reserves is costing nearly $88 billion in exploration subsidies across the G20," Whitley said. "Scrapping these subsidies would begin to create a level playing field between renewables and fossil fuel energy."


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
Sports and Drugs
Illicit or illegal drugs and sports have been related since the very start of competitive sports. But ever increasing competitiveness gave birth to the idea of cheating and increasing knowledge suggested the use of drugs to give one's energy and stamina that extra boost necessary for a win. As money began pouring into sports and sporting events the need and desire to succeed led to a steady rise in drug use among sportsmen. Different anti-doping and prevention policies were born and one of them was Australian Football League's 'Illicit Drug Policy'
Drug testing began with the revelation of drug use in the sport of cycling. But it soon spread to other sports as well. IAAF was the first ever sporting federation to making doping illegal and the decision got tremendous support after the death of two cyclists. The various sets of restrictions placed by different sports bodies indicate the presence of this menace in other sports as well. Star athlete Marion Jones' career ended due to the disclosure that she had used drugs for most of it. But the most horrific example is of the East German Olympic team who were fed illicit drugs under the label of vitamins by their team doctors. The team won many medals and much recognition as world class athletes. However, they suffered from after effects ranging from psychological problems, to cancers, organ damage and even infertility. Carole Nitsche, a part of the team, was given injections by her team doctor since the age of 13. She was the first ever international athlete who returned all her medals and also requested that her name be removed from swimming records. Track legend, Carl Lewis claimed in 2000, "People know the sport is dirty, the sport is so driven by records." He also said that there was no proper 'commitment' to eradicate the drug problem from sports. In 2003, a U.S. anti-doping committee named some 100 sportsmen who were guilty of using performance enhancing drugs and Lewis was one of them (CBC 2003).
The Australian Football League is one of the few sporting associations that are wholly committed to the welfare of its players and purging the game of doping instances. The league drew up its 'Anti doping policy' in 1999 and followed it up with an 'Illicit drug policy' in 2005. The policy is a continuation of the anti-doping code and is in compliance with the Australian governments harm minimization laws (Shawdon 2011). This means that where WADA (World Anti-Doping Agency) leans towards reprimands as a way to eliminate drug use in sports, AFL takes a rehabilitative stance. AFL adjoins great value to its players and it first and foremost concern is their welfare (Denham 2010). Therefore the policy is designed in such a way that it provides AFL athlete's three chances for reformation. It is popularly known as the 'three strikes policy'. The policy rules that all sportsmen have three chances to quit drug use and reform themselves. If a player's first two tests are positive the result of the tests is shared only with the team doctor. Neither the coach, nor the manager of the club is informed. His name is kept secret; he is issued a warning and provided with counseling services to help him recover. The player is not awarded any punishment or levied a fine. Punishment is handed down on the third offense and his name is also disclosed to the media and public (Hendry & Boys 2009).
The feedback regarding the policy is not all positive, media and public both believe that AFL is being 'soft' with the players. These sections of the Australian society believe that the three strike policy is an official permission for players to commit this offense. They see this as an opportunity for players to become smarter than the system and cheat it. Players have been known to cheat drug tests in different ways and the people fear that AFL's drug policy provides them the opportunity to hide behind it. The public's arguments and opinions are supported by the recent drug use admission of Australian footballer Ben Cousins. He admitted to have using drugs for quite a while and that he did not test positive on a single test. In the opinion of many football loving fans, politicians etc. AFL is only trying save its reputation with this policy, it is trying to look good while doing nothing to purge the game of this evil (Colman 2010).
However, the policy, as popular belief goes is not based on personal opinions, but solid medical facts and advice of several of the country's leading drug experts and doctors. These experts conducted a research in to the effects of cocaine, ecstasy and marijuana and drug dependency among sportsmen. The Australian Sports Anti-Doping Authority and AFL also carried out some 915 tests of their own over a period of two years. They used the results of both to draft the policy and included a clause about player confidentiality on the recommendation of doctors. The clause is meant to provide psychological help to these sportsmen (Denham 2010). The Australian government has a policy of 'minimizing harm' from drugs which has been incorporated into AFL's Illicit drug policy.
Another fact that supports AFL is that it is more thorough in its testing procedure than WADA. WADA conducts tests only on match days or during competitions. But AFL has an out- of- competition testing procedure as well. It is one of the only three organizations that conduct this kind of testing. AFL is very progressive about its drug policy and keeps revising it regularly. The policy underwent a reformation in 2010 when hair testing was introduced, a test conducted immediately after the players returned from vacations. This ensures that players won't use banned substances even in their off time (AFL.com 2010). Another aspect that signals to AFL's massive success is that Australian Footballers voluntarily agreed to holiday testing and fully support all efforts made to eradicate drug use from the sport (AFL.com 2012).
The AFL believes that the drug problem is not limited to sportsmen only, it is a social evil infecting the whole society, making it fairly easy for players to get induced into using them due to peer pressure. Therefore the long-term goal behind this policy is education of players and public, to send a message that drugs are not only illegal but harmful for the human body. This would help ensure that youngsters entering the game are pre-warned to avoid this temptation. The policy itself is very simple in structure and diction. It is easy to understand and very terse.
Statistical data proves that AFL has been successful in decreasing the number of positive tests in the last six years of testing. A former AFLPA Chief Executive Brendon Gale also confirms that the incidence of illicit drug use is lower than it was in 2005, when the policy was first implemented (Lane 2011). The statistics show that in 2005 the rate of positive tests was around 4.03% but in the year 2011 it dropped to 0.36%. In one year from 2009 to 2010, the number of positive results has fallen from 14 to 6. The numbers reflect that AFL has been very effective so far in bringing down the amount of drug taking going around in Australian football. It has made at least one test a year compulsory for all footballers and increased the total n umber of tests from 1200 to 1500. The hair testing routine was begun as a preventive measure against as it detects drugs even 3 months after the use. The association then intends to send a person testing positive for counseling and further testing (AFL 2010).
The latest variations and modifications in the policy and the increase in testing is…[continue]
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