text:
G2D Games
Most Played Games
New Games
Dressup Games
Makeover Games
Girls Games
Celebrity Games
Cool Games
Cooking Games
Baby Games
Fun Games
Game Name
Live Stage Singer Dress Up
Dressup Games
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Click Here to Play
Game Details :
Getting up on stage to perform in front of many people is no easy task, knowing that you look good is a big help. This lady is very self concious so looking good will help her a lot during her performance. As the stylist for the show its your job to come up with a great looking outfit that the singer will feel comfortable with. Take your time choosing the best outfit by going through all the different options available to you. Remember looking good will help the singer a lot during the performance!
New Games
Miley Cyrus Halloween
Halloween Holiday Cost
Halloween Creepy Makeo
Halloween Costume Idea
Holiday Tour Makeover
Voguish Beauty Makeove
Middle School Dress Co
Beauty Fascination
Medieval Castle Maid
New Party Dress up
Trendy Haircut
Biker Babe Outfits


text:
Dedicated to the very special man who inspired me to take up the brush, my father. An amazing artist and beautiful soul. His paintings focussed on those things he held most dear, nature in all its beauty, autumn reds and golds, snowy country lanes, hoar frost on branches. A poet... he also painted with words:
My Brother Jack and I
Oh, those far-off summer days
In memories darkly seen!
Some golden moments chance to gleam
Through the mists and ripples of time.
When we were boys, and the world was your's and mine,
Life seemed full of wonderous things.
Fishing for minnows in Siston stream…
Now only two old men's dreams.
The huge elm tree on Siston bridge
Whose branches filled the sky,
And gurgling water from the spring
Flowing swiftly by…
So sad, our friendly elm, long dead -
Now a stump – no leaves to shed
To lay a carpet all around
Upon the bare, hard, stony ground.
In a nearby field, farmer Garland turned the hay
Towards the sun, most every day,
And when he left, we would jump the gate,
scattering hay all around…
On summer days so long ago,
Here we played.
Oh that sweet smell warmed by summer sun,
Just freshly cut!
Nature and we were one.
Dull care and old age had not found us then,
Our clear blue eyes saw all,
and on our hands and knees we crawled
Through the arch
Beneath the bridge's granite wall.
And, in the ruins of Kilby's house,
hung chandeliers of fine cut glass
Which, in the shifting evening light,
Like diamonds, rainbow colours, flashed
and softly glowed.
The rafters stark, gaunt ribs
Black against the dark night sky,
Now a skeleton of its former self,
through the years had slowly died,
And only the sobbing wind grieved,
Bearing witness to its shame.
And all around grew raspberry canes,
No longer cultivated, all untamed,
Scrub, tufted grass, and wild wheat,
Rabbit holes beneath our feet...
Those were the days so long ago.
Deep grooves of once-tilled soil
Where man with horse and plough once toiled,
Here, Jack and I, with 'Podger' garland played,
And 'Chucky Pig' Hook, another friend,
On the long summer days
As we made our way to 'Siston' brook.
Then, as the purple darkness fell,
We moved away up Chiphouse Hill,
To talk of ghosts that – people said -
Roamed the ruins, when day had fled,
Of the Kilbys, now long dead.
Percy Sheppard
oil paints
Painting by jane baghori
Paintingby jane baghori
Oil paintingby jane baghori
Paintingby jane baghori
Oil paintingby jane baghori

subset: commoncrawl


text:
Amid growing concerns that the annual contributions limit for Nest will not be effective in meeting the scheme's policy intentions and stated objectives, the Government has hinted it may scrap the contributions cap.
According to reports appearing in the media, an email sent by the Association of the British Insurers (ABI) revealed that officials at the Department of Work and Pensions (DWP) are under pressure to reconsider the £4,200 annual limit set for the scheme as a small group of voluntary employers start making contributions this summer.
"As a result of recent press coverage, the DWP now feel under pressure to look again at the Nest contribution limit", the ABI mail says.
"The annual limit is designed to focus Nest on its target market of individuals who the existing industry currently finds it difficult to serve, therefore complimenting rather than replacing existing provision", it says, adding "The DWP is concerned that the limit will not be effective as it could be in achieving the policy intention and would like feedback".
Under the current plan, the government will review the contribution cap annually in accordance with the average income reported for the year. The government will subsequently phase out the contributions cap completely in 2017.
"The DWP is concerned that the limit will not be effective as it could be in achieving the policy intention and would like feedback", said a DWP spokeswoman indicating that the rules are indeed being reviewed.
"However, we think it is sensible not to legislate now and to see how the reforms roll out and assess the impact of the contribution limit on Nest and the industry in light of that", she added.
"We cannot comment on Government policy. The current cap is £4,200, meaning someone on average earnings of around £25,000 could contribute much more than 8 per cent without hitting that limit", a Nest spokeswoman said, refusing to give further details.


text:
Flo and Friends by Jenny Campbell
- January 16, 2013
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don't worry, treggie, you'll go viral at the library
Some time in the not too distant future computer viruses will be as bad as biological warfare.
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text:
Bishop Terry R LaValley
Dear Sisters and Brothers in Christ:
Welcome to the webpage of the Roman Catholic Diocese of Ogdensburg! Whether you are searching for information about the diocese and our parishes and offices or about the Roman Catholic Church in general, I hope our site will be of help to you.
The North Country of New York State where we are located is a diverse region with much natural beauty. Industries in our region include agriculture, education, and tourism with some manufacturing. The Catholic faith is strong among so many of our 104,113 Catholic people.
Visitors are always welcome to worship with us at our parishes throughout the diocese. If we can be of assistance to you, in any way, please contact the diocese or one of our local churches. Whether you are a resident of the North Country or are visiting us from some other area, I hope you enjoy your tour through our local Church via our webpage.
May Mary, our Patroness under the title of the Immaculate Conception, help us all to follow her Son as a people abundantly blessed.
North Country Catholic News
Coats for KidsPhoto by John Ryan
Keith Kemp, Grand Knight of St. Augustine's Knights of Columbus Council 7273 in Peru, presented 24 new children's winter jackets to Peru Central School Nov. 17. The school will distribute the jackets during teachers' conferences and when needed. Kemp is shown with Peru K-2 principal Michelle Rawson, left, and school nurse Kathy Bedard. The Knights of Columbus launched the Coats for Kids Program during the 2009 recession. Since then Knights of Columbus Councils in the U.S. and Canada have distributed more than 310,000 coats to children in need.
Story 1: 2015-2016 Audited Financial Statements
Story 2: Funeral held for Fr. Eugene DelConte, OSA
More North Country Catholic News


text:
This has to be the strangest thing I have ever heard! A white "9-11-01" will be painted next to the court for the U.S. Open men's and women's singles finals.
The men's final in New York is scheduled for Sunday, Sept. 11.
"If you think about it, everybody knows where they were on 9-11. And by putting that … date, it's going to trigger memories for each of us—personal memories—and that's a factor that went into this," Jon Vegosen, the U.S. Tennis Association's chairman of the board and president, said in a telephone interview Thursday.
"Rather than imposing what 9-11 means," he added, "it allows it to be a much more personal moment for people."
What do you think about the USTA's decision?


text:
Les Schwab Tire Ctr — S 22nd Ave
Caldwell, ID Hours and Location
Category: Tire-Dealers-Retail
Hours street map for all businesses nearby.
Les Schwab Tire Ctr Hours
Other Les Schwab Tire Ctr Locations
Hours for other Caldwell stores...
315 S 22nd Ave
Caldwell, ID 83605Driving Directions
Best Tire Value in Caldwell, ID
At Les Schwab, every purchase of car, SUV or light truck tires comes with a tire warranty including free services that give you more for your money. Our warranty, among the industry's best, is good at any of our 450+ Les Schwab Tire Centers.
- Free lifetime tire and mileage care
- Free peace of mind tire protection
- Trusted, world-class service
- Value-added free services
Serving Caldwell, ID Since 1984
Whether you're looking for the right tires and wheels package or think there's something wrong with your shocks, we can help. Stop by or call ahead for an appointment for trustworthy service that gets you in and out quickly. Every tire sale is backed by our world-class warranty including free inspections, free flat repairs, free rotations and rebalancing, and other services worth hundreds of dollars. It's part of doing the right thing for our customers, since we opened our first store in 1952.
- Tires
- Custom Wheels
- Batteries
- Brake Parts & Service
- Shocks & Struts
- Alignment
- Lifting & Lowering Systems
- Wiper Blades
- Tire Siping
- ATV Tires & Wheels
- Lawn & Garden Tires
- Load Management Kits
- Emergency Roadside Service
- Winter Tires
- Snow Wheels
- Chains
- Rubber Tracks
- Commercial Truck Tires
- Farm Tires
- Industrial Tires
- Foam Filled Tires
- RV Accessories
- On-the-Farm Service
We're just west of I-84 (exit 29) on S 22nd Ave at Cleveland Blvd, across from The College of Idaho.
We Care About Caldwell
Employees of the S 22nd Ave Les Schwab store believe in giving back to the community where we live and work. We sponsor activities large and small, supporting youth programs, helping families in need, and raising funds for good causes—because these are values we believe in. For over 62 years, Les Schwab has been an active member of every community it serves, earning the trust of people all over the West. Here are some of the causes we proudly support in our neighborhood.
- Vallivue High School athletics and activities
- Caldwell High School athletics and activities
- Notus High School athletics and activities
- Caldwell School District fundraisers and carnivals
- Vallivue School District fundraisers and carnivals
- The College of Idaho athletics and activities
- Treasure Valley Community College athletics and activities
- Heap Herders Spring Bling Car Show
- Canyon County Fair 4-H and FFA Junior Livestock Auction
- Canyon County 4-H
- Boy Scouts of America
- Optimist Youth Football & Cheer
- Babe Ruth Baseball
- Canyon County Cross Country Club
- Rocky Mountain Elk Foundation
- National Wild Turkey Federation
Other Les Schwab Tire Ctr Locations
Hours for other Caldwell stores...
As of: 11:06 pm (MST) Thu Dec 8, 2016. [Change]


text:
your bag
Your bag is empty.
Sorry, this product has sold out!
If you would like ARCHFASHION to try to and find it for you complete the form below.
The 3201-2 azalia inhouse picks tremble crop top - black/white by azalia boutique is sold out. We did have xs, s, m, l


text:
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March 2, 2011
UNITED STATES OF AMERICA,v.VINCENT P. MCCRUDDEN, DEFENDANT.
Quadrino Schwartz 666 Old Country Road - 9th Floor Garden City, New York 11530 HURLEY, Senior District Judge
Presently before the Court is the government's application, made pursuant to 18 U.S.C. Section 3161(h)(8), tolling the speedy trial clock until June 6, 2011 while it seeks the production of evidence from Singapore.
BACKGROUND On January 25, 2011, the grand jury returned an indictment charging Vincent McCrudden ("McCrudden" or "defendant") with two counts of transmitting threatening communications in interstate and foreign commerce in violation of 18 U.S.C. § 875(c). The defendant was arraigned on February 3, 2011, at which time he invoked his right to be tried within the seventy day time limit established in 18 U.S.C. § 3161(c)(1). There are several statutory tolls to the seventy day period, one of which is relevant for present purposes and is found in § 3161(h)(8). That subsection reads:
Any period of delay, not to exceed one year, ordered by a district court upon an application of a party and a finding by a preponderance of the evidence that an official request, as defined in section 3292 of this title, has been made for evidence of any such offense and that it reasonably appears, or reasonably appeared at the time the request was made, that such evidence is, or was, in such foreign country.
18 U.S.C. § 3161(h)(8).
By letter dated February 17, 2011, the government made
the instant request indicating that it had sent "an official request to the Singapore Attorney-General's Chambers [on January 31, 2011] pursuant to Part III of Singapore's Mutual Legal Assistance in Criminal Matters Act (Chapter 190 A)." (Gov't's Feb. 17, 2011 Letter at 2.) Specifically, the government "seeks a certified copy of records held by the internet service provider for internet protocol ("IP") addresses 220.127.116.11, 126.96.36.199, 202.156.066.041 and 202.156.066.250 for the period from September 1, 2010 to December 21, 2010" for the purpose of "help[ing] [to] establish that McCrudden was the person who sent the threatening emails." (D.O.J. Jan. 31, 2011, Request to Republic of Singapore, at 2.)
The defendant, during the status conference held on February 17, 2011, was granted until February 22, 2011 to file his response to the government's request. Those papers were timely filed and have been reviewed by the Court.
The grand jury charged defendant, inter alia, with sending an e-mail from Singapore detailing the steps that he had allegedly already taken to bring about the death of "John Doe, an employee of the NFA [i.e., National Futures Association], in Illinois," including hiring some "trained professionals" to assist in the process. (Indictment, ¶ 8.)
Given that the government asserts that it has information that defendant was residing in Singapore at the time the threatening e-mail was sent, its request for IP information is relevant. Reference to defendant's February 22, 2011 letter in opposition does not indicate otherwise, except to the extent a threshold argument is advanced that the evidence sought - based on the representations made by the government during the detention hearing about the strength of its case - would be cumulative and thus, the argument continues, unnecessary for the prosecution to prove its case. However, that the requested evidence has the potential of overlapping to some degree with information already in hand does not destroy its relevance, nor present a barrier to its production given the formidable burden the prosecution carries in this, as in every criminal case.
Although the Court must balance the government's need against the defendant's statutory right to a speedy trial,*fn1 defendant's second proffered ground for denying the government's application - viz. that it is "tardy" as post-dating the offending e-mail by over three months and the return date of the indictment by six days (Def.'s Feb. 22, 2011 Letter at 3-4) - is provided, like defendant's threshold ground, absent supporting authority or persuasive argument. Which is to say, the government has established to my satisfaction that there should be a reasonable toll while the government awaits a response from Singapore.
The operative word in the last sentence is "reasonable," giving rise to the question: why will it take until June 6, 2011 to obtain the information sought from Singapore? The answer to that question is not self-evident nor may it be gleaned from the materials submitted. And that takes us to the alternate relief requested by the defense, to wit, should the Court decline to deny the government's application, it should "at the very least, give the government only 30 days at a time, requiring it to show the Court what steps it has taken to accomplish its goal at the end of each 30 days, and to renew its application for more time every 30 days. . . ." (Def.'s Feb. 22, 2011 Letter at 4.) That alternative suggestion is adopted by thec Court to assure that the defendant receives a prompt trial while not unfairly hamstringing the government's ability to prepare for the trial.
The government has established to my satisfaction by a preponderance of the evidence that it has made an "official request," as of that term is defined in 18 U.S.C. § 3292, for relevant information bearing on the crimes charged, which information appears to be located in Singapore. Such being the case, the government's request for a toll of the speedy trial clock from January 31, 2011 is granted. However, the Court declines, for the reasons just indicated, to order that toll through to the June date requested by the government. Rather, if the government has not received the requested information by the end of this month, it will provide a written status report of its efforts towards that end together with a request for a thirty day extension. That procedure shall be replicated every thirty days until the evidence is received, subject to the Court's assessments as to "reasonable[ness]" and, barring compellingcircumstances, in no event beyond June 6, 2011. The first such application, if needed, will be filed on or before March 31, 2011.
The foregoing constitutes the order of the Court. SO ORDERED.
Dated: Central Islip, New York
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text: Hudson City Bancorp reported that in the aftermath of Hurricane Sandy, the bank has reopened 75 branches with full banking services and normal business hours. Approximately 55 branches are without power and/or telephones but are staffed and are providing limited service and hours to meet customers' emergency needs. Only 5 branches remain unable to open.


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November 5, 1985
STUDENT COALITION FOR PEACE, ON BEHALF OF ITS MEMBERS AND OTHER HIGH SCHOOL STUDENTS ENROLLED IN THE LOWER MERION HIGH SCHOOL, BY ITS SPOKESPERSON, HAROLD WOLPERT, APPELLANTSv.LOWER MERION SCHOOL DISTRICT BOARD OF SCHOOL DIRECTORS, PAUL C. HEINTZ, ANNE M. SMITH, RAY W. NELSON, JR., REAVES C. LUKENS, JR., HENRY C. LUCAS III, REGINA B. COHEN, JOHN P. GIANGIULLO, ROGER J. WILLIAMS, JR., MERIDYTH M. SENES, JAMES B. PUGH, SUPERINTENDENT OF SCHOOLS, LOWER MERION SCHOOL DISTRICT, AND ROBERT M. RUOFF, PRINCIPAL, LOWER MERION HIGH SCHOOL, APPELLEES
Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civ. No. 84-1017).
Before SEITZ, BECKER, and ROSENN, Circuit Judges.
Opinion OF THE COURT
SEITZ, Circuit Judge.
Appellant Student Coalition for Peace, a student organization at Lower Merion High School, appeals from the district court's denial of its request for a permanent injunction ordering the appellee School Board to permit it to use school property for a "Peace Fair." Appellant rests its claim on the First Amendment and the recently-enacted Equal Access Act, 20 U.S.C.A. §§ 4071 et seq. (Supp. 1985). We have jurisdiction by virtue of 28 U.S.C. § 1291 (1982).
The Student Coalition for Peace (SCP) is a student organization at Lower Merion High School (LMHS), dedicated to the cause of world peace through nuclear disarmament, and in particular through a bilateral nuclear freeze. In early 1983, SCP members requested permission of Robert Ruoff, principal of LMHS and a defendant here. to use an athletic field on school premises, known as Arnold Field, for a Peace Fair.*fn1 Ruoff refused the request. After unsuccessful appeals to the School Superintendent and the Lower Merion Board of School Directors (the Board), both defendants here, SCP held a Peace Fair on April 30, 1983 at another field not under the Board's jurisdiction, approximately five miles from LMHS.
Arnold Field has been regularly used for nonschool sponsored community events. A Memorial Day service has been held on the field each year since 1945, a service that includes speeches and ceremonies honoring the Nation's war dead. The field has also been sued for a Special Olympics for handicapped children, and a "Bike Hike" to benefit the mentally retarded, the latter under the sponsorship of a LMHS student organization. The field, which is fenced but unlocked, is also used regularly without permission by members of the community for jogging, bicycle riding, picnics, and similar activities. The district court found that the school had in the past also rejected requests to sue the filed by nonschool sponsored groups.
In December 1983, SCP again asked Ruoff for the use of Arnold Field for a second Peace Fair, to be held on April 28, 1984. This fair, like the last, was to be open to the public. Planned activities included speakers on the subjects of peace and nuclear disarmament, distribution of literature, and various forms of entertainment. Ruoff again denied the request, stating in a letter that "the intended use is not deemed appropriate under the policy of the Lower Merion Board of School Directors. Arnold Field is to be used for athletic or governmental purposes."
SCP appealed Ruoffs decision to Dr. James Pugh, the school superintendent. The SCP letter to Dr. Pugh stated that the organization would also be satisfied with the use of Pennypacker Field--another athletic filed on the LMHS premises -- or the LMHS boys' gym. Dr. Pugh denied the request to sue any of the proposed sites. He stated that Arnold Filed was "limited to athletic or governmental events,: and that the limited use of Arnold Field is not a written policy but has been a long-standing practice of the Lower Merion School District." He also stated that SCP's request to use the boys' gym was denied because of the potential damage to the wooden gym floor. Finally, Dr. Pugh suggested that SCP discuss with Ruoff the possibility of using the LHMS auditorium and lobby for its fair.
SCP again appealed, this time to the Board. In a letter to the Board, SCP rejected the auditorium and lobby as suitable for the fair, apparently because it was too small and insufficiently open for the activities contemplated. SCP also reiterated its request to be permitted to use Arnold Field, Pennypacker Filed, or the boys' gym. The Board denied SCP's request to use any of the proposed sites, although it again offered to permit the group to use the school auditorium. Defendant Paul Heintz, President of the Board, justified the Board's decision on the grounds that the fair might create crowd control problems, and that the school was not an appropriate forum for a "political school was not an appropriate forum for a "political rally. "Heintz, an attorney, also expressed concern that permitting SCP to use any of the fields would legally disable the Board from rejecting other student requests to use the field.
SCP brought suit in the district court, seeking declaratory relief and preliminary and permanent injunctions ordering the Board and its codefendants to permit SCP to use one of the proposed outdoor sites or the boys' gym for the fair. The complaint was grounded solely on the First Amendment and 42 U.S.C. § 1983 (1982). After two days of hearings, the district court issued a preliminary injunction ordering the defendants to permit SCP to use one of the requested sites for the peace fair. Pursuant to the injunction, a Peace Fair was subsequently held in the LMHS boys' gym.*fn2
After further hearings on July 27, the district court entered judgment for the defendants on September 28, 1984, denying SCP's request for a permanent injunction. The court, following the analysis of the Supreme Court in Perry Educ. Assn. v. Perry Local Educators' Assn., 460 U.S. 37, 74 L. Ed. 2d 794, 103 S. Ct. 948 (1983), determined that none of the requested sites was either a traditional public forum or a public forum by designation. The court found further that the Board could reasonably permit "charitable" or non-controversial events such as the Special Olympics and the Bike Hike while excluding "political" events such as the Peace Fair. Finally, it found that the defendants had not acted with intent to discriminate against the viewpoint espoused by SCP.
SCP then moved in the district court for reconsideration. Based solely on facts already in evidence, it argued for the first time that the defendants' refusal to permit the Peace Fair to be held on school grounds violated the Equal Access Act, which the President had signed into law on August 11, 1984. On January 31, 1985, the court denied the motion. This appeal followed.
The analysis we follow in determining whether appellant shave a First Amendment right to sue Arnold Field is that set forth by the Supreme Court in Perry Educ. Assn. v. Perry Local Educators' Assn., 460 U.S. 37, 74 L. Ed. 2d 794, 103 S. Ct. 948 (1983), and more recently in Cornelius v. NAACP Legal Defense Fund, 473 U.S. 788, 105 S. Ct. 3439, 87 L. Ed. 2d 567 (1985). The Court has stated repeatedly that "the First Amendment does not guarantee access to property simple because it is owned or controlled by the government ." U.S. Postal Service v. Council of Greenburgh Civic Assns., 453 U.S. 114, 129, 69 L. Ed. 2d 517, 101 S. Ct. 2676 (1981). Instead, the right of access depends on the nature of the government property at issue.*fn3 If the property is a traditional or designated public forum, appellants can be excluded on the basis of the subject matter of their speech "only when the exclusion is necessary to serve a compelling state interest and the exclusion is narrowly drawn to achieve that interest." Cornelius, 105 S. Ct. at 3448. If, however, the property sought to be used is not a public forum, "control over access. ..can be based on subject matter and speaker identity so long as the distinctions drawn are reasonable in light of the purpose served by the forum and are viewpoint neutral." Id. at 3451.
We find slight merit in appellant's contention that Arnold Field constitutes a traditional public forum.*fn4 Traditional public fora -- of which streets and parks are the paradigmatic examples -- are those public spaces which have by long practice "been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions." Hague v. CIO, 307 U.S. 496, 515, 83 L. Ed. 1423, 59 S. Ct. 954 (1939). A traditional public forum has as its primary purpose to promote free public traffic and assembly. See International Society for Krishna Consciousness, Inc. v. New Jersey Sports and Exposition Auth., 691 F.2d 155, 160 (3d Cir. 1982); U.S. Southwest Africa/Namibia Trade & Cultural Council v. United States, 228 U.S. App. D.C. 191, 708 F.2d 760, 764-66 (D.C. Cir. 1983). Thus, not every place that permits free public access is for that reason a traditional public forum. Greer v. Spock, 424 U.S. 828, 836, 47 L. Ed. 2d 505, 96 S. Ct. 1211 (1976); United States v. Grace, 461 U.S. 171, 177, 75 L. Ed. 2d 736, 103 S. Ct. 1702 (1983).
Appellants conceded in the district court that Arnold Field is not a traditional public forum, and the district court so found. Assuming arguendo that appellants have not by their concession in the district court waived their right to raise the issue here, we agree with the district court. Arnold Field is, in the first instance, a school athletic field. Appellees' practice of permitting generous public access to the Filed did not change its primary function or otherwise convert it into a traditional public forum.
A public forum by designation differs from a traditional public forum in three respects. Perry, 460 U.S. at 45-46. First, property may be so characterized, not by virtue of its essential nature or purpose, but because the government has acted to open what would otherwise be a nonpublic forum for public use. Id.; Cornelius, 105 S. Ct. at 3449. Second, "a State is not required to indefinitely retain the open character of" a designated public forum, Perry, 460 U.S. at 46. Finally, a designated public forum may be so designated for only limited uses or for a limited class of speakers. Id. at 46 n.7; Cornelius, 105 S. Ct. at 3449.
The forum at issue in Cornelius was a Federal program, known as the Combined Federal Campaign (CFC), established to regularize charitable solicitations among federal workers. Certain advocacy groups challenged their exclusion form the list of charities to which employees could designate CFC contributions, asserting that the CFC was a designated public forum from which they could not constitutionally be excluded.
The Court rejected the advocacy groups' contention. With respect to whether a designated public forum had been created, the Court stated:
The government does not create a public forum by inaction or by permitting limited discourse, but only by intentionally opening a non-traditional forum for public discourse. Accordingly, the court has looked to the policy and practice of the government to ascertain whether it intended to designate a place not traditionally open to assembly and debate as a public forum. The Court has also examined the nature of the property and its compatibility with expressive activity to discern the government's intent....
105 S. Ct. at 3449 (citations omitted).
Applying that standard, the Court looked first at the government's policy with respect to participation in the CFC. It noted that "the Government's consistent policy has been to limit participation in the CFC to 'appropriate' voluntary agencies and to require agencies seeking admission to obtain permission from federal and local Campaign officials." Id. at 3450. The Court also noted that no showing had been made "that the granting of the requisite permission is merely ministerial." Id. at 3451.
The Court's conclusion that the CFC was not intended to be a public forum was strengthened by its examination of "the nature of the government property involved." Id. The court stressed particularly that the primary purpose of the government workplace is not communicative, and that the Government has a strong interest in exercising control over access to its workplace facilities. Id.
We do not think that the evidence in this case shows an intent by appellees to create a public forum at Ronald Field. The Board's policy requires each nonschool sponsored organization, such as SCP, to obtain permission to use the Field. See n.1, supra. We agree with the district court that SCP has not met its burden of showing that such permission was in fact granted as a matter of course. Thus, neither the written policy nor the actual practice of the appellees manifests an intent to designate Arnold Field as public forum. Cf. Bender v. Williamsport Area School Dist., 741 F.2d 538, 548-49 (3d Cir. 1984), cert. granted, 469 U.S. 1206, 105 S. Ct. 1167, 84 L. Ed. 2d 319 (1985).
The nature of the property at issue in this case supports our conclusion. It has long been recognized that "First Amendment rights must be analyzed 'in light of the special characteristics of the school environment.'" Widmar v. Vincent, 454 U.S. 263, 268 n.5, 70 L. Ed. 2d 440, 102 S. Ct. 269 (1981), quoting Tinker v. Des Moines Indep. School Dist., 393 U.S. 503, 506, 21 L. Ed. 2d 731, 89 S. Ct. 733 (1969). The courts have never "suggested that students, teachers, or anyone else has an absolute constitutional right to sue all parts of a school building or its immediate environs for his unlimited expressive purpose." Grayned v. City of Rockford, 408 U.S. 104, 117-18, 33 L. Ed. 2d 222, 92 S. Ct. 2294 (1972). While an athletic field obviously differs form a school building, neither exists primarily for expressive activity, especially where large numbers of nonstudents are involved. This fact, while not dispositive, bolsters our conclusion that Arnold Field has not been designated as a public forum for community events.
As noted above, the decision to restrict access to a nonpublic forum must only be reasonable and not viewpoint based. In Cornelius, the Court found three bases for excluding the respondents from the CFC. First, the Court noted that charities providing direct aid to the needy could reasonably be supposed to be more beneficial than organizations primarily engaged in litigation. 105 S. Ct. at 3453. Second, the court noted that "avoiding the appearance of political favoritism is a valid justification for limiting speech in a nonpublic forum." Id. Finally, the Court found reasonable the government's asserted interest in "avoiding controversy that would disrupt the workplace and adversely affect the Campaign." Id.
Here, the district court found that the Board's denial of access to appellants was based on a desire "to keep the 'podium of politics off school grounds.'" The President of the Board testified that "we don't want to become embroiled in political matters or have our facilities turn into political battlegrounds." This desire to avoid potentially disruptive political controversy and to maintain the appearance of neutrality, see Lehman v. City of Shaker Heights, 418 U.S. 298, 304, 41 L. Ed. 2d 770, 94 S. Ct. 2714 (1974), is sufficient justification for excluding speakers from a nonpublic forum. Although the Board's fears might have been unfounded, "the Government need not wait until havoc is wreaked to restrict access to a nonpublic forum." Cornelius, 105 S. Ct. at 3453.
Nor do we find unreasonable the Board's apparent view that the other activities permitted on Arnold Field posed less of a threat than the Peace Fair. While a Bike Hike to benefit the mentally retarded may have an implicit political message, that message is plainly subsidiary to other aspects of the event, and could thus pose less of a threat either of disruption or of the appearance of favoritism. The Board is not required to delineate with absolute clarity the distinction between the political and the nonpolitical, as long as the line it does draw is reasonable and not a subterfuge for viewpoint discrimination. In particular, the Board could reasonable conclude that Memorial Day services do not create the same risk of partisan controversy as the Peace Fair.
Finally, we affirm the district court's determination that appellees did not act from a desire to suppress expression which they disagreed. Viewpoint discrimination, of course, is impermissible regardless of the nature of the forum. Cornelius, 105 S. Ct. at 3454. The district court found that SCP "did not produce any evidence that defendant sought to censor its point of view." We agree. Other than denying its request to sue school facilities for the Peace Fair appellees have not interfered in any way with SCP's other activities, including its activities on school grounds. Indeed, appellees were apparently willing to permit the Peace Fair to be held on school property, albeit in a facility that SCP found unacceptable. Nor was any evidence introduced that any individual Board members were personally hostile to SCP's political goals. While under some circumstances a disparity between the government's proclaimed justification for denying access to its property and its actual practice might be evidence of viewpoint discrimination, see Cornelius, 105 S. Ct. at 3454-55, we find no significant display here.*fn5
In conclusion, we affirm the district court's judgment with respect to SCP's claims under the First Amendment.
Following the district court's entry of judgment denying its request for a permanent injunction, SCP moved for reconsideration, arguing that the newly-enacted Equal Access act, 20 U.S.C.A. §§ 4071 et seq. (supp. 1985) ("EAA or "the Act"), gave it the right to hold the Peace Fair. The district court on reconsideration reaffirmed its denial of a permanent injunction. Although SCP did not amend its pleadings, the district court treated its motion as a claim under the Act, and it is not suggested that the district court acted improperly in so doing.
The Act, which became law in August 1984, provides in operative part:
It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within the limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.
EAA § 801(a), 20 U.S.C.A. § 407(a). A "limited open forum" exists under the Act whenever a "school grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises during noninstructional time." Id. § 810(b), 20 U.S.C.A. § 407(b).
On this appeal we are faced with three questions, all of first impression. First, we must decide whether the Act authorizes a private cause of action by SCP. Second, assuming such a cause of action is authorized, we must decide whether the Act applies to student initiated events involving nonstudents. Finally, we must decide whether the evidence presented to the district court, all of it relating to the period prior to the enactment of the Act, was sufficient to decide whether, within the meaning of the Act, a "limited open forum" had been created.*fn6
We must first decide, as a threshold matter, whether the Act affords appellants rights that may be maintained through a private cause of action. this issue was not raised in the district court, but it is not suggested that it is not properly before us. Although the Act expressly provides that failure to abide by its terms shall not affect federal financial assistance, it does not by its terms provide any alternative mechanism for enforcement. Appellees argue that the statute merely declares Congress' interpretation of the First Amendment, and that consequently it creates no judicially enforceable rights or duties. Appellees' argument raises tow questions, which we will treat separately: first, does the Act purport to create any enforceable rights and duties; and, second, if it does, may a private right of action be implied from the Act to enforce them?
As to the first question, we note that the statutory language is plainly mandatory rather than precatory. The operative words of the statute read: " It shall be unlawful... to deny equal access. ..to...any students who wish to conduct a meeting." EAA § 801(a), 20 U.S.C.A. § 407(a). Furthermore, Congress explicitly included in the Act both a severability clause, EAA § 804, 20 U.S.C.A. § 4073, and a clause providing that "the provisions of this subchapter shall supersede all other provision of Federal law that are inconsistent with this subchapter." EAA § 805, 20 U.S.C.A. § 4074. These provisions would be unnecessary if the Act were not meant to create judicially enforceable obligations. The language of the Act, therefore, supports the view that it creates such obligations.
The legislative history supports the same conclusion. The Act was adopted in large measure to extend to secondary schools by legislative action the constitutional principle adopted by the Supreme Court in the university context in Widmar v. Vincent, 454 U.S. 263, 70 L. Ed. 2d 440, 102 S. Ct. 269 (1982). See S. Rep. No. 357, 98th Cong.2d Sess., reprinted in 1984 U.S. Code Cong. & Ad. News 2348; 130 Cong. Rec. S8355 (daily ed., June 27, 1984) (remarks of Sen. Levin); id. at S8337 (remarks of Sen. Hatfield); id. at S8357 (remarks of Sen. Durenberger). In Widmar, the Court held that a state university that had created a limited open forum for student groups could not deny that forum to a student group wishing to use if for prayer and religious discussion, despite the university's contention that to permit students to use university facilities for religious purposes would violate the Establishment Clause.
Although the Court in Widmar expressly noted that its holding there did not necessarily apply in the secondary school context, see 454 U.S. at 274 n.14, many members of Congress believed that secondary school students should enjoy the same constitutional rights as their older counterparts. In the absence of an authoritative Supreme Court pronouncement, however, the lower federal courts divided in the question. Compare Brandon v. Guilderland Board of Educ., 635 F.2d 971 (2d Cir. 1980) (holding that the Establishment Clause forbids student-initiated religious meetings on public secondary school property), cert. denied, 454 U.S. 1123, 102 S. Ct. 970, 71 L. Ed. 2d 109 (1981), and Lubbock Civil Liberties Union v. Lubbock Indep. School Dist., 669 F.2d 1038 (5th Cir. 1982), cert. denied, 459 U.S. 1155, 74 L. Ed. 2d 1003, 103 S. Ct. 800 (1983) (same) with Bender v. Williamsport Area School District, 563 F. Supp. 697 (M.D.Pa. 1983) (public forum doctrine requires schools to permit religious meetings), rev'd, 741 F.2d 538 (3d Cir. 1984), cert. granted, 469 U.S. 1206, 105 S. Ct. 1167, 84 L. Ed. 2d 319 (1985).
In light of Brandon and Lubbock, and absent further guidance from the Supreme Court, Congress determined that legislative action was needed to "protect" and "guarantee" the rights of students. See, e.g., S. Rep. 98-357, supra ; 130 Cong. Rec. S8337 (daily ed. June 27, 1984) (remarks by Sen. Hatfield); id, at S8360 (remarks of Sen. Nickles). Some members, however, feared that protecting only religious speech would run afoul of the Establishment Clause. As a compromise measure, therefore, the statute was extended to protect "political, philosophical, or other" types of speech. See id. at 8336-37 (remarks of Sen. Hatfield).
Appellees point to statement by members of Congress during floor debate that the Act merely codified rights already available under the Constitution. E.g., id. at S8341 (remarks of Sen. Leahy); id. at S8355 (remarks of Sen. Levin). They conclude from this that the Act's strictures were not intended to be enforceable. In light of the legislative history set forth above, it is clear that Congress saw no inconsistency in enacting legislation intended to enforce already existing constitutional rights. Appellees' position is perhaps most seriously undermined by the fact that S. Rep. 357, supra, reporting on a bill containing express provisions for enforcement by private parties as well as the Attorney General--and thus undeniably mandatory -- also speaks of the need to "clarify the nature of the First Amendment rights of students" and to "adopt legislation to guide school administrators, students, and parents." Id. at 2357-58.
Appellee's reliance on Pennhurst State School v. Halderman, 451 U.S. 1, 67 L. Ed. 2d 694, 101 S. Ct. 1531 (1981), is misplaced. In Halderman, the Court held that the "bill of rights" provision of the Developmentally Disabled Assistance and Bill of Rights Act of 1975, 42 U.S.C. § 6010 (1982), did not created substantive rights in favor of developmentally disabled persons. The Court held that that provision merely "express[es] a congressional preference for certain kinds of treatment." 451 U.S. at 19. Unlike the statute at issue here, which by its terms makes certain conduct "unlawful," section 6010 stated merely that "Congress makes the following findings respecting the rights of persons with developmental disabilities." Id. at 13 (emphasis added). Moreover, section 6010 was enacted as part of a larger funding statute, and could be given meaning as "justifying and support[ing] Congress' appropriation of money under the Act and guid[ing] the Secretary in his review of state applications for federal funds." Id. at 19; by contrast, the statute here is expressly independent of any funding scheme. See EAA § 801(e), 20 U.S.C. § 4071(e). Finally, the Court in Halderman found it unlikely that Congress would "implicitly impose[]" a "massive [financial] obligation" on the states; here, of course, compliance with the Act creates little or no fiscal burden. See letter of Rudolph G. Penner, Director, Congressional Budget Office, in S. Rep. 357, 98th Cong., 2d Sess., reprinted in 1984 U.S. Code Cong. & Ad. News 2388.
We conclude, therefore, that the Act was intended to create enforceable duties an corresponding rights. We proceed, then, to the second question: whether students aggrieved by a violation of the Act may enforce their rights through a private cause of action.
The Act, of course, does not specifically state whether a private cause of action may be maintained to enforce its provisions. However, this fact does not foreclose the possibility of an implied right of action. See, e.g., Merrill, Lynch, Pierce, Fenner & Smith v. Curran, 456 U.S. 353, 72 L. Ed. 2d 182, 102 S. Ct. 1825 (1982); Cannon v. University of Chicago, 441 U.S. 677, 60 L. Ed. 2d 560, 99 S. Ct. 1946 (1979); United States v. FMC Corp., 717 F.2d 775, 780-82 (3d Cir. 1983).
As we noted in FMC, "the touchstone for the existence of an implied remedy is 'the intent of the legislature.'" Id. at 780, quoting Middlesex County sewerage Auth. v. National Sea Clammers Assn., 453 U.S. 1, 13, 69 L. Ed. 2d 435, 101 S. Ct. 2615 (1981). The Supreme Court has normally looked at four factors in construing Congressional intent in the area; whether the language of the statute appears to create a special class of beneficiaries; the legislative history; the overall structure of the legislation; and whether the state have traditionally provided relief in the legislated area. Cannon, 441 U.S. at 688, 689-709; Cort. v. Ash, 422 U.S. 66, 78, 45 L. Ed. 2d 26, 95 S. Ct. 2080 (1975).
Our inquiry into Congress intent is colored by the fact that the Equal Access Act lacks any express provision for enforcement. By contrast, where the Supreme Court has found no implied private cause of action, the legislation at issue has invariably contained other express remedies. E.g. National Sea Clammers, 453 U.S. at 13-15; California v. Sierra Club, 451 U.S. 287, 294-95 & n.6, 68 L. Ed. 2d 101, 101 S. Ct. 1775 (1981). The importance of this factor has been noted several times. for example, in Transamerica Mortgage Advisors, Inc. v. Lewis, 444 U.S. 11, 62 L. Ed. 2d 146, 100 S. Ct. 242 (1979), the Court stated that "it is an elementary canon of statutory construction that where a statute expressly provides a particular remedy or remedies, a court must be chary of reading others into it." 444 U.S. at 19 (emphasis added). See also Cannon, 441 U.S. at 707 n.41. Conversely, the absence of any express remedial provision suggests that Congress intended for us to imply an appropriate remedy. We would be extremely reluctant to conclude that Congress intended to create mandatory duties but no means of enforcing the.
The first part of the Court test requires us to consider "whether the statute was enacted for the benefit of a special class of which the plaintiff is a member." Cannon, 441 U.S. at 689. In doing so, we must consider especially whether the language of the statute suggests "an unmistakable focus on the benefited class," Id. at 691, or merely a "ban on discriminatory conduct by recipients of federal funds." Id. at 692. In this respect the Equal Access Act is equivocal. While the operative language of the statute is phrased as a prohibition against discriminatory conduct, EEA § 801(A), 20 U.S.C.A. § 4071(A), if refers expressly to "any students who wish to conduct a meeting." Moreover, section 801(e) of the Act, 20 U.S.C.A. § 4071(e), suggest a primary intent to benefit that class by expressly disclaiming any intent to condition federal funding on compliance with the Act.
The legislative history of the Act is far less ambiguous. The author of the Act as written, Senator Hatfield, stated on the floor of the Senate that "we provided here due process and an implied judicial remedy." 130 Cong. Rec. S8355 (daily ed. June 27, 1984), See also 130 Cong. Rec. H7740 (daily ed., July 25, 1984) (remarks of Cong. Schneider).*fn7 No statement in the legislative history suggests an intent to deny a private remedy.
The perceived parallel with Widmar is also instructive. As noted above, guiding purpose of Congress was to remedy what is saw as the unwarranted refusal of the lower federal courts to extend that decision to secondary schools. A university student aggrieved by a denial of access to a limited public forum in violation of Widmar can, of course, enforce his rights trough a § 1983 action. It can fairly be inferred that Congress intended the Act to be enforced in an analogous manner -- that is, through actions brought by those directly injured by its violation.
We recognize that earlier versions of the Act contained express provisions for a private right of action that were dropped in the final version. E.g., S. 1059, 98th Cong. 2d Sess. § 3 (1984); S. 815, 98th Cong., 1st Sess. § 2 (1983); but see H.R. 5345, 98th Cong., 2d Sess. (1984) (containing no such provision). This fact does, of course, suggest that no such right was intended, but that inference would be unwarranted here. First, we have no legislative history casting light on the significance of this redaction. Moreover, as noted above, the author of the final bill, Senator Hatfield, indicated that it retained an implied judicial remedy. Finally, the earlier bills provided for extensive remedies besides that of a private action, including a cut-off of Federal funds to noncomplying school districts and enforcement by the Attorney General. The drafters of those bills might have felt that in the absence of an express provision for a private right of action the funding cut-off would be interpreted as the exclusive remedy; once that remedy was dropped, expressly authorizing private actions may have been considered unnecessary.
We hold, therefore, that appellants may maintain a private cause of action for an injunction under the Equal Access Act.*fn8
The district court, relying on the fact that SCP seeks to invite nonstudents to the Peace Fair, rejected its statutory claim on the ground that "the Equal Access Act [does not] require[] that a public secondary school which receives Federal financial assistance must permit attendance of nonstudents in a limited public forum (as defined within the Equal Access Act) within the school." App. 36. After examining the legislative history of the Act, the court concluded that the Act should not read to expand the rights of outsider to enjoy school property. The court further held that the rights of students to invite the general public into school premises are no greater under the Act than under the First Amendment. App. 44. Appellees argue, in a somewhat different vein, that the Act only protects students who wish to meet on school property among themselves; thus, they assert, the Act can never apply where, as here, the affected student groups desires to invite the members of the general public onto school property.
We reject the broad contention that the Act does not apply to activities involving nonstudents. The only express reference to nonstudents in the Act is in section 801(c), 20 U.S.C. § 407(c), which states that a school does not violate the equal access requirement "if such school uniformly provides that ...nonschool persons may not direct, conduct, control, or regularly attend activities of student groups."
Appellees argue that section 801(c) demonstrates that the Act applies only to activities involving students alone. The statutory language will not bear that construction. Indeed, it almost natural reading is that if nonstudents do not direct, conduct, control, or regularly attend such meetings, the school may be required to permit their participation.
The legislative history supports the view that if the school's limited open forum includes nonstudent participation, then nonstudent participation must be permitted for all such student groups, subject only to reasonable, nondiscriminatory regulation. For example, the Senate Committee reporting on S.1059, the Act's predecessor, stated that "the guarantee of equal access means that religiously oriented student activities of an extracurricular nature would be allowed under the same terms and conditions as other extracurricular activities." S. Rep. 98-357, 98th Cong. 2d Sess., reprinted in 1984 U.S. Code Cong. & Ad. News 2306, 2385 (emphasis added). The emphasis on equality of terms of access were reiterated in the floor debates. See, e.g., 130 Cong. Rc. S8362 (daily ed., June 27, 1984) (remarks of Sen. Mitchell); id. H7739 (daily ed. July 25, 1984) (remarks of Rep. Hall). That this principle applies to the participation of nonstudents is also clear from the statement of Senator Levin that "unless the school generally allows outsiders to participate in student meetings on school premises, this [Act] would not require the school to allow outsiders to participate in religious meetings." Id. S8355 (daily ed., June 27, 1984).
We conclude, therefore, that student groups wishing to invite nonstudents onto school property are protected by the Act if the school's limited open forum encompasses nonstudent participation in student events, as long as those nonstudents do not "direct, conduct, control, or regularly attend" such activities. A school is not, of course, required to permit any and all outsiders to use its facilities, or even to permit student groups indiscriminately to invite outsiders to its activities. However, the Act's purpose is to enable all students to use those facilities on the same terms as all other students.
The Equal Access Act was signed into law by the President on August 11, 1984. In the absence of any provision to the contrary, we consider the Act to be effective on the date of its enactment. United States v. Gavrilovic, 551 F.2d 1099, 1103 (8th Cir. 1977). We read the Act to give affected school districts a choice: either to create a limited open forum open to all student groups on an equal basis, or to refuse access to all noncurricular student groups.*fn9 For this choice to be a real one, we think schools must be given the opportunity to choose with full knowledge of the consequences of each alternative. We believe it would be inconsistent with this principle for us to find that the appellees here had created a limited open forum under the Act before the Act's adoption, and thus before the choice could be a meaningful one. Cf. Pennhurst State School v. Halderman, 451 U.S. 1, 17, 67 L. Ed. 2d 694, 101 S. Ct. 1531 (1981) ("legislation enacted pursuant to the spending power is much in the nature of a contract: in return for federal funds, the State agree to comply with federally imposed conditions. The legitimacy of Congress' power to legislate under the spending power thus rests on whether the State voluntarily and knowingly accepts the terms of the 'contract.' [Citations omitted.] There can, of course, be no knowing acceptance if a State is unaware of the conditions or is unable to ascertain what is expected of it.
The legislative history makes clear Congress' concern that the school districts affected by the Act retain the power to limit or completely deny noncurricular student meetings, as long as such restrictive policies are nondiscriminatory. See, e.g., 130 Cong. Rec. S8338 (daily ed., June 27, 1984) (remarks by Sen. Dixon) ("The amendment specifies that the equal access provisions would be applicable only in cases where a school generally allows nonreligious student groups to meet during noninstructional time."); id. at S8357 (remarks of Sen. Durenberger) ("The Equal Access Act retains local school board control over its schools. The school board determines whether it will create a limited open forum by allowing student-initiated groups to meet in school premises."); id. at S8362 (remarks of Sen. Mitchell) ("The proposal does not force a school to organize any kind of extracurricular activity for any purpose.").
These considerations lead us to conclude that the Act should be read to apply only if a limited open forum existed after the Act became law. Since the trial in this case took place before the Act's effective date, there was no opportunity to offer evidence of the school's policy after that date. On remand, the appellants should have the opportunity to prove that the appellees' policy or practice after August 11, 1984 with respect to noncurricular student groups created a limited open forum broad enough to include the contemplated use.
The judgment of the district court will, therefore, be affirmed insofar as it dismisses appellant's First Amendment claims. The judgment will be vacated with respect to appellant's claims under the Equal Access Act, and the Case remanded to the district court for further proceedings consistent with this opinion.*fn10
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New Jersey Superior Court, Appellate Division
Decided: June 29, 1978.
THEODORE KOTTER, EDWARD JUNG, TRANSPORT OF NEW JERSEY, A NEW JERSEY CORPORATION AND LINCOLN TRANSIT CO., INC., A NEW JERSEY CORPORATION, PLAINTIFFS-APPELLANTS,v.TOWNSHIP OF EAST BRUNSWICK, THE MAYOR AND COUNCIL OF THE TOWNSHIP OF EAST BRUNSWICK AND SUBURBAN TRANSIT CORP., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS
On appeal from the Superior Court of New Jersey, Law Division, Middlesex County.
Lora, Seidman and Milmed.
[160 NJSuper Page 464]
This appeal involves the propriety of a November 18, 1975 agreement between defendants Township of East Brunswick (Township) and Suburban Transit Corp. (Suburban) for the operation by Suburban of a Park-Ride facility on Route 18 in East Brunswick and the furnishing by it of certain services in connection therewith.
The essential facts are not in dispute. Plaintiffs are two resident taxpayers of East Brunswick and two motor bus carriers. Defendant Suburban is also a motor bus carrier. On October 8, 1975 the township council of defendant township advertised for bids "for the furnishing of Commuter-Bus Service Park and Ride Facility to be located along Route 18 in East Brunswick, N.J." The specifications required the bidders to agree to certain specific conditions, viz.:
1. During the morning commuter hours buses must originate at the Park and Ride lot, and operate directly to New York City.
2. During the morning commuter period a dispatcher must be assigned to manage the service provided from the Park and Ride facility.
3. A ticket agent must be on duty at the Park and Ride lot each weekday from 6:00 a.m. to 8:00 p.m.
4. The bus service shall begin no later than 6:00 a.m. each weekday morning. During the peak commuter periods, a five minute headway
[160 NJSuper Page 465]
shall be operated. Mid-day and evening service shall be provided both to and from New York with at leat [ sic ] one bus each hour. The last bus shall leave New York City at approximately 12 midnight.
5. Additional buses must be available on short notice to handle any passenger overloads.
6. The successful bidder will be responsible for cleaning and maintenance of the bus station.
The specifications were silent as to duration of the agreement as well as to other terms regarding operation, management and maintenance of the facility. The required proposal form called upon the bidders to state the "[m]onthly amount bid for the privilege of managing the terminal building and stated services."
Suburban was the only bidder. The township accepted the bid and awarded Suburban "the right to manage the proposed parking lot on Route 18 in accordance with the attached bid specifications for a fee of $200 per month payable in 12 equal installments at the beginning of the contract month." The November 18, 1975 agreement was prepared and executed. In it Suburban undertook to pay the stipulated sum to the township "for the privilege of managing and operating a Park-Ride facility, in accordance with bid specifications * * *." The agreement was conditioned on Suburban's ability to obtain and keep in force appropriate Interstate Commerce Commission authority to transport passengers, as a common carrier by motor vehicle over regular routes, between the Park-Ride facility and New York. The duration of the contract is stated in the following terms:
The term of this agreement shall be for a period of one year and shall be automatically renewed from year to year thereafter until either party shall notify the other in writing that it desires to terminate this agreement at the expiration of the then current term, which notice shall be given at least ninety (90) days before expiration of the then current term.
The premises on which the Park-Ride facility was located were leased to the township by its private owners, two corporations,
[160 NJSuper Page 466]
for a one-year term, i.e. , from December 1, 1975 through November 30, 1976, with the following renewal option:
Tenant shall have the option to renew this lease for one (1) additional period of one (1) year upon the same terms and conditions herein set forth, except for the rent to be paid which shall be $75,000.00, payable in equal monthly installments of $6,250.00 each. Said option shall be exercised by Tenant giving notice in writing, to Landlord on or before September 1, 1976, provided however that this Lease shall not be deemed renewed unless Tenant shall, at the same time, submit to Landlord reasonable and convincing proof, satisfactory in all respects to Landlord, that the Tenant has progressed sufficiently with outside funding to enable it to purchase the premises herein demised during the renewal period.
Some 9 I/2 months later, on September 3, 1976, plaintiffs filed their complaint in lieu of prerogative writs seeking, among other relief: (1) a declaration that the November 18, 1975 agreement was "an ultra vires act of the Township and void"; (2) a declaration that the agreement, "if otherwise valid, is for a term of not more than one year"; (3) a requirement that any extension or renewal of the agreement be by way of competitive bidding in accordance with all applicable statutes, and (4) a pendente lite and permanent restraint restraining defendants from interfering with or preventing plaintiffs Transport of New Jersey (Transport) and Lincoln Transit Co., Inc., (Lincoln) "from providing interstate bus services from and out of the East Brunswick Park-Ride facility."
The matter was tried on a stipulation of facts, affidavit, certification and exhibits marked in evidence. Plaintiffs moved for summary judgment and defendants moved to dismiss the complaint. After hearing, the trial judge, referring to the subject agreement as a "lease," denied equitable relief, held that "the 45 day rule [ R. 4:69-6(a)] bars scrutiny of the specifications," and that "an estoppel against TNJ [Transport] and Lincoln" was created. He found the
[160 NJSuper Page 467]
"condition of the bidding overall [to be] fairly competitive," and the November 18, 1975 agreement to be
He thereupon ordered the entry of judgment for defendants. This appeal followed.
As framed in the brief submitted on behalf of plaintiffs, the following issues are raised on the appeal:
POINT I The Trial Court Erred in Holding the November 18,
1975 Agreement to be a Lease Agreement Renewable
Annually For a Period up to 50 Years.
POINT II A Municipality is not Authorized to Contract for
Transportation Services as Set Forth in the November
18, 1975 Agreement and Such an Agreement is Ultra
POINT III The November 18, 1975 Agreement Which Was Sub-
ject to the Local Public Contracts Law was Entered
into in Violation of the Provisions Thereof.
POINT IV Plaintiffs are not Barred by Rule 4:69-6 or by the
Doctrine of Estoppel or Laches from Contesting the
Validity of the November 18, 1975 Agreement.
The November 18, 1975 instrument under attack is obviously not a lease. Under the specific terms of paragraph "1" of the agreement, all Suburban acquired from the township for payment of the stipulated fee of $200 a month was "the privilege of managing and operating a Park-Ride facility, in accordance with bid specifications commencing on November 18, 1975." (Emphasis supplied).
Unquestionably agreements respecting the use of land can be made by an owner which fall short of a leasehold. License, permit, privilege and limited custodial use are open to consensual arrangements. 3 Powell, Real Property , § 428, pp. 514-519 (1952); compare Passaic & Hackensack Bridges v. State , 22 N.J.L. 593 (E. & A. 1849). The difference between a lease and license or similar limited status, although difficult to distinguish at times, is that a lease gives exclusive possession of the premises against all the world, including the owner, while a license confers a privilege to occupy under the
[160 NJSuper Page 468]
owner. Tips v. United States , 70 F.2d 525 (5 Cir. 1934); Case v. Kadota Fig Ass'n of Producers , 207 P. 2d 86, 95 (Cal. D. Ct. App. 1949), modified 35 Cal. 2d 596, 220 P. 2d 912 (Sup. Ct. 1950); Strandholm v. Barbey , 145 Ore. 427, 26 P. 2d 46 (Sup. Ct. 1933); 32 Am. Jur., Landlord & Tenant , § 5; 51 C.J.S. Landlord & Tenant § 202e(2); Powell, supra , § 428. A license or similar status is generally revocable at the pleasure of the owner and gives occupancy so far as necessary to engage in the agreed acts or the performance of agreed services and no further; a lease gives the right of exclusive possession for all purposes not prohibited by its terms. 32 Am. Jur., supra , § 5. [ Thiokol Chem. Corp. v. Morris County Bd. of Tax. , 41 N.J. 405, 416-417 (1964)]
Here, clearly, the occupancy of the premises which Suburban obtained was only that "necessary to engage in the agreed acts or the performance of agreed services and no further * * *."
The Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. , was applicable to the subject contract. It was so intended by the municipal governing body*fn1 and required by the terms of the statute. See N.J.S.A. 40A:11-4; Pied Piper Ice Cream v. Essex Cty. Park Comm'n , 132 N.J. Super. 480 (App. Div. 1975); Kurman v. Newark , 124 N.J. Super. 89 (App Div.), certif. den. 63 N.J. 562 (1973). Nonetheless, the specifications for the contract were not "drafted in a manner to encourage free, open and competitive bidding," as required by N.J.S.A. 40A:11-13. Nowhere in the specifications or the notice to bidders is there any reference to the term of the agreement for which bids were being solicited. And no reference, as required by the statute, is made in the specifications to the automatic renewal provision*fn2 which the parties included in
[160 NJSuper Page 469]
the November 18, 1975 agreement. N.J.S.A. 40A:11-13(e). Specifications should be as definite, precise and full as possible so that there may be intelligent bidding. There must be a reasonable similarity between that which is solicited and the terms of the contract entered into. See Skakel v. North Bergen , 37 N.J. 369, 378-379 (1962). Here, the specifications dealt essentially with the furnishing of bus service and not, as did the contract, with the operation of the park-and-ride facility itself.
The fundamental philosophy of our competitive bidding statutes is that economy be secured and extravagance, fraud and favoritism prevented. Waszen v. City of Atlantic City , 1 N.J. 272, 283 (1949). Such statutes are designed to safeguard the public good and should be rigidly enforced by the courts to promote that objective. Township of Hillside v. Sternin , 25 N.J. 317, 322 (1957). This common good is best advanced by cultivating the most extensive competition possible under the circumstances and municipalities should organize their efforts in that direction. Asbury Park Press, Inc. v. City of Asbury Park , 23 N.J. 50, 54 (1956). To give meaning to this purpose, all bidders, actual and potential, must be put on the same footing. Case v. Trenton , 76 N.J.L. 696, 699 (E. & A. 1909). Therefore, a municipality must "prescribe a common standard on all matters that are material to the proposals, to the end that interested persons may bid intelligently and will be induced to bid by the promise of impartiality which only specifications of that quality can give." Greenberg v. Fornicola , 37 N.J. 1, 6 (1962); see also Fereday & Meyer Co., Inc. v. Elizabeth Bd. of Public Works , 27 N.J. 218, 223 (1958); Camden Plaza Parking, Inc. v. City of Camden, supra , 16 N.J. 150 at p. 159. [ Skakel v. North Bergen, supra , 37 N.J. at 378-379; emphasis supplied]
We are convinced from our review of the record submitted on this appeal that the bidding practice used by the township which we find wanting was, in the circumstances, likely to affect the bidding process adversely. Every such practice is
See also, Waste Disposal, Inc. v. Roselle Park Mayor & Council , 145 N.J. Super. 217, 221 (App. Div. 1976). Thus, important public interests are here involved. In the circumstances, it was error for the trial judge to have held that "scrutiny of the specifications" was barred by the time limitation prescribed by R. 4:69-6. The interest of justice requires enlargement of the 45-day period provided in paragraph (a) of that rule. Brunetti v. New Milford , 68 N.J. 576, 586-587 (1975); Bernstein v. Krom , 111 N.J. Super. 559, 564 (App. Div. 1970). Since a reversal is accordingly mandated, we find it unnecessary to comment on any of the other alleged infirmities discussed in the brief submitted on behalf of plaintiffs.
For reasons of public necessity and convenience, the operation of the Park-Ride facility by Suburban under the contract will be allowed to continue until November 18, 1978. By that time, the township should have completed its solicitation for and action upon new bids, in full compliance with the Local Public Contracts Law.
The judgment under review is reversed and the matter is remanded to the trial court for the entry of an order (1) setting aside the agreement of November 18, 1975, effective November 18, 1978, and (2) directing that the terms of any readvertisement for bids and the terms of the specifications be fully consistent with the applicable provisions of the Local Public Contracts Law and designed to encourage the broadest possible competitive bidding.
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I like Creepypastas, they have made me feel rather uneasy in the past but I suppose that's the point. Hopefully, I'll have my next one up and running soon, and I hope you all enjoy it. I'm always looking for tips and pointers so feel free to tell me anything, I'd also be happy to work on requests, so if anyone has a Creepypasta they'd like to see come to life, I can orchestrate something.Read more >


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Jetstar Asia announced (15-Dec-2011) the resignation of Ms Chong Phit Lian as CEO on 01-Feb-2012. She will remain a member of the Jetstar Asia board. The announcement for her replacement is expected early 2012. [more - original PR]
Jetstar Asia CEO to step down
You may also be interested in the following articles...
Tigerair Singapore prepares to resume expansion in late 2017 and 2018; feeding Scoot will be crucial
Singapore Airlines (SIA) short haul LCC subsidiary Tigerair is planning to resume expansion in 2H2017, ending a three-year hiatus from growth. The resumption of fleet and capacity expansion is made possible by the completion of a turnaround effort.
Tigerair Singapore is now back in the black after more than two years of losses driven by overcapacity. Market conditions in Singapore have improved, and a virtual merger with Scoot is starting to open up new opportunities for expansion since Scoot needs Tigerair to feed its fast-growing medium/long haul operation.
Tigerair currently operates 23 A320 family aircraft, having reduced its fleet from a high of 27 aircraft in 2014. The LCC is now planning to add six A320s in 2017 and 2018, resulting in a new all-time high of 29 aircraft. Tigerair, which became 100% SIA owned in early 2016, also has 39 A320neos on order that will be used for a combination of fleet renewal and growth over the next decade.
Ryanair: digital success raises ancillary target to 30% as it becomes the "Amazon of air travel"
Kenny Jacobs, Ryanair's Chief Marketing Officer, has said that its website aims to become the "Amazon of air travel". The airline that was built around selling seats on flights as cheaply as possible – and not much else – now wants to sell a much wider range of products and services. In Oct-2016 it launched its new accommodation service, Ryanair Rooms, and it plans Ryanair Holidays by next summer.
Now well into its third year, Ryanair's 'Always Getting Better' programme (abbreviated to 'AGB') has been a demonstrable success. Accompanied by a move to increase Ryanair's presence in primary airports, AGB has aimed to improve customer service and reinvigorate its digital interfaces. Since AGB was initiated in 2014 Ryanair's passenger numbers have returned to double-digit rates of growth, and load factor has gained more than 10ppts.


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Welcome to TROPACK Packmittel GmbH! Thank you for your interest in our products. We are happy to answer all your questions. Please contact us!
Our products: silica gel, drying agents, molecular sieves, packaging films and foils, desiccant bags, desiccant cartridges and capsules, active aluminium oxide, humidity indicators, aluminium composite films, heat-sealing equipment


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Exquisite Heavy Shield
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The Exquisite Heavy Shield is a craftable rare Crusader shield for the Crusader in Diablo III: Reaper of Souls.
It requires character level 61 to be used.
Exquisite Heavy Shield
Rare Crusader Shield
- +10.0–20.0% Chance to Block
- 9410–14115 Block Amount
- +4-6 Random Magic Properties
The Exquisite Heavy Shield can be crafted using 27,000 gold, 8 Reusable Parts, 12 Arcane Dusts, and 10 Veiled Crystals.


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Mortal Kombat 2015 BetaFree
The legendary game Mortal Kombat 3 is now available for Android devices. The most popular game on the console Sega. Mortal Kombat 3 Android - remember childhood and enjoy the game! Not surprised graphics and physics, all on the same level as in the original. I think you will understand how to play it, everything is intuitive.
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Modern Combat 4: Zero Hour is a new story line of a popular action game from Gameloft.


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Plate up the Positives
Join in the Butterfly Foundation's pledge to challenge negative body image and promote healthy self-esteem.
In our media-saturated climate, the social and cultural messages to people around looking a certain way are strong and pervasive. These ideals can contribute to body image concerns, which in some cases can lead to poor self-esteem, feelings of worthlessness and anxiety.
This month, The Butterfly Foundation asks us to Plate Up the Positives – to make a commitment to challenge negative ideas about body image, promote healthy self-esteem and to raise awareness about body image concerns and eating disorders.
Body image in Australia
Despite the stereotype that body image is an issue confined to young girls, body image concerns affect both men and women of all ages. Feeling worried and dissatisfied about appearance can not only cause considerable distress in its own right, it can also contribute to the development of low self-esteem, depression, unhealthy weight loss or muscle building behaviours and clinical eating disorders.
Research highlighted by the National Eating Disorders Collaboration has found that:
• 90% of 12-17 year old females are on a diet of some type
• Young people who diet are six times more likely to develop an eating disorder. That number increases to 12 times more likely if a young person has been on a diet for 12 months.
• Nine out of ten girls feel pressured to be thin by the fashion and media industries
• 25% of people with body image & eating disorder issues are males
The Butterfly Foundation provides support to Australians faced with negative body image and those who are affected by an eating disorder. The demand on The Butterfly Foundation National Support Line continues to increase, indicating that many Australians are coping with concern around weight and shape.
Why Plate up the Positives
The Plate up the Positives campaign is about changing the conversation about our bodies – recognising the pressure from media, advertising and social messages to look a certain way, challenging rules about good and bad food, and encouraging healthy attitudes to the way we eat and the way we look.
What can you do to help make a difference? It might be as simple as paying attention to the way you engage with media and the socio-cultural messages around food and bodies. Better yet, you could create or join in an event that brings people together to discuss these issues and celebrate a holistic and healthy approach to living well.
For more information visit thebutterflyfoundation.org.au or butterflyeffect.org.au
|Interesting Informative Useful
|Wellbeing Social Events Mental Health Youth Body image


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iTurnStones LITE
By LITE Games GmbH
Open iTunes to buy and download apps.
iTurnStones is THE strategic board game. A classic – simple and exciting at the same time!
The rules are straightforward but turning a game in your favour isn't! Do you have the right strategy to win?
Thanks to the computing power of Apple devices, you can play alone against a strong computer opponent any time and anywhere with iTurnStones. You can set the desired difficulty, so that even beginners can win every now and then. Following multiple requests, the new version of iTurnStones now has a mode for two players.
• Simple rules
• Adjustable difficulty
• 2-player mode
• 2 start formations
iTurnStones is the right game for anyone who likes playing chess, go, gobang, or nine men's morris. A must for fans of board games!
+ Stay in touch with us! Follow us on facebook! http://www.facebook.com/LiteGames/ +
What's New in Version 3.6.1
technical update
- Free
- Category: Games
- Updated: 19 October 2015
- Version: 3.6.1
- Size: 43.3 MB
- Languages: English, Arabic, French, German, Italian, Japanese, Korean, Polish, Portuguese, Russian, Simplified Chinese, Spanish, Turkish
- Seller: LITE Games GmbH
- © LITE Games GmbH
Compatibility: Requires iOS 6.0 or later. Compatible with iPhone, iPad, and iPod touch.


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Hiring Fresher/Graduate/Trainee for Marketing Support Executive ( 0 - 1 yrs)
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The Song of Seven Chapter One-CODEX
The Song of Seven Chapter One-CODEX - 1.02 GB
Genre :
Release Date :Dec 11, 1997
Real-time strategy game featuring famous cultures of the past. You choose from one of seven cultures; Greek, Persian, Viking, Norman, Mayan, Chinese and Japanese and compete for domination. Each culture has its own strengths and weaknesses and the gameworld is also populated by a variety of monsters. The game offers a high degree of customizability, you can set the difficulty and define many of its perimeters. The gameplay involves resource management, organizing and increasing the number of your followers, trade, diplomacy, espionage and combat. A tutorial is incorporated to help you get the hang of the game. The graphics and interface/control system are effective.
Seven Kingdoms
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Number Of Players: 1-7
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Petit Lampion
3/4 pyjamas
Petit Lampion
3/4 pyjamas
- Isn\'t she delighful, your little lantern girl in this lavender-coloured ¾-length pyjama
- The numerous lanterns on the ¾-length pants are a delight to behold
- The dark shirt with its cute, soft-violet short sleeves and breast print are a perfect match
- It\'s a pleasure to sleep in the feather-light single jersey made of 100% cotton
100% cotton
Premium cotton in top CALIDA quality. This fabric is characterised by a refined, smooth appearance and a supple feel. Its premium fibres also make it especially easy to care for, durable and long-wearing. Naturally beautiful.
€ 49.90 incl. tax


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Page - Home
What is She Fitness
She Fitness is an outdoor group fitness and wellbeing program created exclusively for women. Our program is designed to help our clients achieve and maintain a healthy body and mind, in safe, fun, accessible and non-intimidating setting.
All workouts are 45 mins and for women of all ages and fitness levels – beginners welcome!
Our Mission
To help women stay physically and mentally healthy
Our 5 Pillars – What we stand for
Our program combines expert fitness coaching and mindfulness techniques, to help you reach your fitness goals, reduce stress and maintain good mental health.
1. Our lives are increasingly stressful
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Celeriac is also known as 'celery root,' 'turnip-rooted celery' or 'knob celery'. It is a kind of celery, grown as a root vegetable for its large and bulbous hypocotyl rather than for its stem and leaves. The swollen hypocotyl is typically used when it is about 10–12 cm in diameter; about the size of a large potato. Unlike other root vegetables, which store a large amount of starch, celery root is only about 5-6% starch by weight.
Celeriac on Blogs
Related Ingredients
Celeriac Video
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Celeriac Recipes
- Steamed Snapper with Celeriac and Tomato from LifeStyle FOOD
- Celeriac Salad from iVillage
- (sides) Carrot Garlic & Celeriac Puree from Spark Recipes
- celeriac Fritters from Nabisco World
- Crispy Duck Breast With Celeriac Panna Cotta, Pea Ragout, Pear & Marsala Jus from Australian Good Food Guide
- Roasted Duck Legs With Celeriac from Petit Chef
- Celeriac And Walnut Salad from All Recipes UK
- Celeriac Parsnip and Potato Mash with Frizzled Leeks from Liquor Control Board of Ontario
Celeriac Cookbooks
- Celeriac Noodle Salad with Avocado Mayo Dressing
- Stirred Not Fried: Sesame Vegetables with Celeriac Garlic Rice (Raw)
- Spicy Celeriac & Apple Soup | Belly Rumbles
- Simple celeriac soup - The Natural Foodie
- In Season – Celeriac | Liz Egan | Chef
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- I Love Soup - Celeriac, spinach, creme fraiche & herbs


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Adobe Illustrator
4 EASY STEPS to using Clipping Mask with text in Adobe Illustrator — Her Creative Studio
Watercolor, gold foil & other textures to fonts - Becky Kinkead Designs
Hola: Una infografía con los Atajos de teclado para Adobe Ilustrator. Un saludo By the guys over at start up a blog today
I am also very familiar and knowledgeable of Adobe Illustrator. I know how to use majority of the tools and have created pieces using Illustrator. That can be found under "Portfolio"
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Illustrator Pathfinder Palette
{How to create a gold foil effect} perfect starter tutorial, I've been wanting to try Illustrator
Quick Tip | How to use the Blend Tool in Adobe Illustrator
Illustrator Keyboard Shortcuts


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Thread: VPS is the correct way?
10-13-2013, 12:42 PM #1Newbie
- Join Date
- Aug 2013
- Posts
- 11
VPS is the correct way?
we have more then 30 shared hosting accounts and a important management system on a hostgator shared account.
No problems with security or space but obviously I need to prevent potential problem.
So it's really necessary to upgrade to a VPS for the management system that contains sensitive data?
you can use a VPS and for example one FTP Backup or on other vps for backups,for security and prevent your data from access you can use managed vps if haven't more information about managing your server/s.
there is some other choices which depend on your budget and level of your data sensation.ServerSub.com - Managed and Unmanaged Virtual & Dedicated Server|XenServer Windows & Linux VPS
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10-15-2013, 11:47 AM #3Temporarily Suspended
- Join Date
- Sep 2013
- Posts
- 21
The best way to protect sensitive data is to have it encrypted, whether it's stored on a shared server, VPS or a dedicated server (unless you have a locked cabinet at a datacenter ).
10-15-2013, 11:56 AM #4Temporarily Suspended
- Join Date
- May 2013
- Location
- India
- Posts
- 748
Take necessary actions like data encryption, possibly multiple levels of authorization for the data, etc. VPS = you will have more control on your data / installations and will be more secure compared to a shared environment ( I have heard HostGator uses some File System isolation for shared hosts; but not sure how effective it is and it is better if we can extra precaution from our end ). And your next consideration should be your budget Even with VPs, consider storing your data in a secure manner always.
There are several hosts that using CloudLinux's CageFS. I'm not sure if that would be enough safety. Like others have said, a VPS would offer greater control. There's a lot more you could do with it.
But, I think it's also important to note, you need to make sure that you keep the VPS in line, or have management by a good company like Rack911 to keep it ironclad. If you get a semi managed VPS, and don't keep it under control, it may be worse than a good shared account.█ Bobby - PreciselyManaged.com - Precision Hosting Solutions
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10-15-2013, 03:18 PM #6Disabled
- Join Date
- Oct 2013
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- 253
A VPS will give you unlimited access as root to setup security as you need using modules which you prefer using which you can setup keybased access to avoid sensitive data being leaked
Definately will be much better!
Not sure if HG is the best platform for it however. You would need a reliable VPS. Best if you pick one from the forum here who can help you with setting it up and providing additional security.
10-15-2013, 03:33 PM #8Junior Guru
- Join Date
- Dec 2007
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- Scotland
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If security is really important then you should go dedicated as no-one else will share that node with you.
For the additional cost of a dedi, I'd say it's worth it.
David Man
www.openitc.co.uk - We create, we host, we connect - Fully Managed VPS & Dedicated Hosting
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10-15-2013, 03:36 PM #9Web Hosting Evangelist
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- Apr 2013
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As long as you harden the security in your VPS, it shouldnt be a problem. It is recommended you get yourself a fully managed one if you do not have experience.
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text:
Lea and I are headed to the Dallas/Ft. Worth area to do a Strong Marriages = Strong Families seminar. We're looking forward to meeting some great couples, who like us, are wanting to strengthen their marriage. Some of the things that we'll be covering are …
- 7 things Husbands wished their Wives knew
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- Real Men, Beautiful Women
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- Good marriages don't happen by accident
- Intimacy & Sex … the way God designed it.
- Q & A time.
If you'd be interested in hosting a Strong Marriages seminar for our community or church, feel free to contact me.