Mo. lawmaker wants tax on violent video games

JEFFERSON CITY, Mo. (AP) — A Republican lawmaker from rural Missouri bucked her party’s anti-tax bent on Tuesday and called for a sales tax on violent video games in response to a deadly Connecticut school shooting.

Rep. Diane Franklin, of Camdenton, said the proposed 1 percent sales tax would help pay for mental health programs and law enforcement measures aimed at preventing mass shootings. The tax would be levied on video games rated “teen,” ”mature” and “adult-only” by the Entertainment Software Rating Board, the organization in charge of rating video games.

The rating board classifies games as “teen” if they contain violence, suggestive themes and crude humor. The popular music game “Guitar Hero” has a teen rating and would be taxed under Franklin’s plan. Another popular title, “Call of Duty,” has a mature rating and also would be subject to the sales tax. “Mature” games are deemed suitable for people 17 and older and may contain intense violence and gore.

“History shows there is a mental health component to these shootings,” Franklin said, referring to the Sandy Hook Elementary School shooting that killed 20 students and six adults in Newtown, Conn., and the Aurora, Colo., movie theater shooting that left 14 dead.

Franklin’s plan is the latest in a string of measures proposed in response to recent mass shootings. Another Missouri Republican has filed a measure that would allow teachers to carry guns in the classroom. On the national level, Vice President Joe Biden is leading an effort to reduce gun violence and is expected to reveal recommendations Wednesday that include steps to improve school safety and mental health care, as well as address violence in entertainment and video games.

Franklin’s proposal already faces opposition from the Entertainment Software Association, which represents companies that publish computer and video games.

“Taxing First Amendment protected speech based on its content is not only wrong, but will end up costing Missouri taxpayers,” the association said in a written statement.

Tax increases typically are a hard sell in Missouri. This past November, voters rejected a proposed tobacco tax increase for the third time in a decade, choosing instead to leave the state’s cigarette tax at the lowest level in the nation. Republican legislative leaders and Democratic Gov. Jay Nixon both have taken stands against tax increases.

Other proposals to tax violent video games failed in Oklahoma in 2012 and New Mexico in 2008. In Oklahoma, Republican state Rep. William Fourkiller had proposed a violent video games tax to combat childhood obesity and school bullying, but his plan failed to make it out of a committee.

Other non-tax efforts to curb the effect of violent video games also have fallen short. U.S. Sen. Jay Rockefeller, D-W. Va., put forward a measure last year for the study of the impact of violent video games on children, but it failed. A California law banning the sale of violent games to minors was struck down by the U.S. Supreme Court in 2011.

The Entertainment Merchant’s Association sent a letter to Biden last week urging him to look elsewhere when it comes to his plans on gun violence.

“Make no mistake: blaming movies and video games is an attempt to distract the attention of the public and the media from meaningful action that will keep our children safer,” wrote the merchant’s association, a lobbying group for the home entertainment industry.

Others, however, have criticized the video game industry and its role in mass shootings.

“There exists in this country a callous, corrupt and corrupting shadow industry that sells, and sows, violence against its own people,” National Rifle Association Executive Vice President Wayne LaPierre said at a December news conference.

Franklin said she hopes her bill will “start a discussion” on the relationship between violent games and mental illness. Franklin, who has a granddaughter in kindergarten, added she is concerned about the safety of schools and universities in the state.

In 2008, there were 298 million video games sold in the U.S., generating $ 11.7 billion in revenue. Six of the 10 best-selling games included violence, and four carried a “mature” rating.

Franklin’s bill was formally introduced Monday and must be referred and approved by a committee before being considered on the House floor.

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PHOTO: It's a Boy for The Mentalist's Amanda Righetti

Mom & Babies
Celebrity Baby Blog

01/18/2013 at 09:30 AM ET

LuMar Jr./AFF

It’s a boy for Amanda Righetti!

The Mentalist star, 29, and her husband Jordan Alan welcomed their first child, son Knox Addison Alan, on Thursday, Jan. 10, her rep confirms to PEOPLE exclusively.

Righetti and Alan, 45, producer/director of Cats Dancing on Jupiter and Kiss and Tell, announced the pregnancy in August.

“She is very excited and feeling great,” a friend told PEOPLE at the time. “They are going to keep the gender of the baby a surprise!”

In addition to her current role as Grace on the CBS show, Righetti is also known for her work on Reunion and The O.C., as well as roles in Friday the 13th and Captain America: The First Avenger.

The couple married in April 2006 in Hawaii.

Courtesy Righetti-Alan Family

– Sarah Michaud with reporting by Monica Rizzo

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Food service vulnerable to food allergy lawsuits

WASHINGTON (AP) — People with severe food allergies have a new tool in their attempt to find menus that fit their diet: federal disabilities law. And that could leave schools, restaurants and anyplace else that serves food more vulnerable to legal challenges over food sensitivities.

A settlement stemming from a lack of gluten-free foods available to students at a Massachusetts university could serve as a precedent for people with other allergies or conditions, including peanut sensitivities or diabetes. Institutions and businesses subject to the Americans With Disabilities Act could be open to lawsuits if they fail to honor requests for accommodations by people with food allergies.

Colleges and universities are especially vulnerable because they know their students and often require them to eat on campus, Eve Hill of the Justice Department's civil rights division says. But a restaurant also could be liable if it blatantly ignored a customer's request for certain foods and caused that person to become ill, though that case might be harder to argue if the customer had just walked in off the street, Hill says.

The settlement with Lesley University, reached last month but drawing little attention, will require the Cambridge, Mass., institution to serve gluten-free foods and make other accommodations for students who have celiac disease. At least one student complained to the federal government after the school would not exempt the student from a meal plan even though the student couldn't eat the food.

"All colleges should heed this settlement and take steps to make accommodations," says Alice Bast, president and founder of the National Foundation for Celiac Awareness. "To our community this is definitely a precedent."

People who suffer from celiac disease don't absorb nutrients well and can get sick from the gluten found in wheat, rye and barley. The illness, which affects around 2 million Americans, causes abdominal pain, bloating and diarrhea, and people who have it can suffer weight loss, fatigue, rashes and other problems. Celiac is a diagnosed illness that is more severe than gluten sensitivity, which some people self-diagnose.

Ten years ago, most people had never heard of celiac disease. But awareness has exploded in recent years, for reasons that aren't entirely clear. Some researchers say it was under-diagnosed, others say it's because people eat more processed wheat products like pastas and baked goods than in past decades, and those items use types of wheat that have a higher gluten content.

Gluten-free diets have expanded beyond those with celiac disease. Millions of people are buying gluten-free foods because they say they make them feel better, even if they don't have a wheat allergy. Americans were expected to spend $7 billion on gluten-free foods last year.

With so many people suddenly concerned with gluten content, colleges and universities have had to make accommodations. Some will allow students to be exempted from meal plans, while others will work with students individually. They may need to do even more now as the federal government is watching.

"These kids don't want to be isolated," Bast says. "Part of the college experience is being social. If you can't even eat in the school cafeteria then you are missing out on a big part of college life."

Under the Justice Department agreement, Lesley University says it will not only provide gluten-free options in its dining hall but also allow students to pre-order, provide a dedicated space for storage and preparation to avoid cross-contamination, train staff about food allergies and pay a $50,000 cash settlement to the affected students.

"We are not saying what the general meal plan has to serve or not," Hill says. "We are saying that when a college has a mandatory meal plan they have to be prepared to make reasonable modifications to that meal plan to accommodate students with disabilities."

The agreement says that food allergies may constitute a disability under the Americans With Disabilities Act, if they are severe enough. The definition was made possible under 2009 amendments to the disability law that allowed for episodic impairments that substantially limit activity.

"By preventing people from eating, they are really preventing them from accessing their educational program," Hill says of the school and its students.

Mary Pat Lohse, the chief of staff and senior adviser to Lesley University's president, says the school has been working with the Justice Department for more than three years to address students' complaints. She says the school has already implemented most parts of the settlement and will continue to update policies to serve students who need gluten-free foods.

"The settlement agreement provides a positive road map for other colleges and universities to follow," Lohse says.

Joan Rector McGlockton of the National Restaurant Association says that restaurants have taken notice of an increasing demand for gluten free options, "drawing attention to the importance of providing these options as well as the preparation methods involved in serving these options."

The group has a training program for restaurants so they will know what to do when food allergy issues arise.

Some say the Justice Department decision goes too far. Hans von Spakovsky, a fellow at the conservative Heritage Foundation who worked in the civil rights division of the Justice Department under President George W. Bush, says food allergies shouldn't apply under the disability act. He adds that the costs could be substantial when schools are already battling backlash from high tuition costs.

"I certainly encourage colleges and universities to work with students on this issue, but the fact that this is a federal case and the Justice Department is going to be deciding what kind of meals could be served in a dining hall is just absurd," he says.

Whether the government is involved or not, schools and other food service establishments are likely to hear from those who want more gluten-free foods. Dhanu Thiyagarajan, a sophomore at the University of Pittsburgh, says she decided to speak up when she arrived at school and lost weight because there were too few gluten-free options available. Like Lesley University, the University of Pittsburgh requires that on-campus students participate in a meal plan.

Thiyagarajan eventually moved off campus so she could cook her own food, but not before starting an organization of students who suffer from wheat allergies like hers. She says she is now working with food service at the school and they have made a lot of progress, though not enough for her to move back on campus.

L. Scott Lissner, the disability coordinator at Ohio State University, says he has seen similar situations at his school, though people with food allergies have not traditionally thought of themselves as disabled. He says schools will eventually have to do more than just exempt students from a meal plan.

"This is an early decision on a growing wave of needs that universities are going to have to address," he says of the Lesley University agreement.

___

Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick

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Wall Street edges lower on earnings, China data

NEW YORK (Reuters) - Stocks fell modestly on Friday, a day after the S&P 500 rose to its highest level in five years, as a weak outlook from Intel was weighed against encouraging data out of China and a fourth-quarter profit at Morgan Stanley .

The Dow Jones industrial average <.dji> was down 6.68 points, or 0.05 percent, at 13,589.34. The Standard & Poor's 500 Index <.spx> was down 2.60 points, or 0.18 percent, at 1,478.34. The Nasdaq Composite Index <.ixic> was down 10.63 points, or 0.34 percent, at 3,125.37.

(Reporting by Angela Moon; Editing by Bernadette Baum)

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IHT Rendezvous: Jihadist Kingpin Suspected in Hostage Seizure

LONDON — Mokhtar Belmokhtar, the one-eyed smuggler-jihadist said to be behind the seizure of foreign hostages at a gas plant in Algeria, has been a notorious kingpin of the Sahara for more than a decade.

As a successful kidnapper, cigarette smuggler — he is nicknamed “Mr. Marlboro” — and go-between for Al Qaeda, Mr. Belmokhtar has been a wanted man in his native Algeria after returning from training with jihadists in Afghanistan in 1993.

He returned at the height of a bloody decade-long civil war between the Algerian government and Islamist insurgents, acting as a channel between Al Qaeda leaders and local jihadist groups.

Raising money through kidnappings and smuggling, he has been a main supplier of weapons and equipment to insurgent groups and “has become increasingly integrated into the fabric of the Sahara and Sahel,” according to a 2009 Jamestown Foundation study that was based in part on Mr. Belmokhtar’s own account.

His activities led to him being included in a United Nations blacklist of wanted Qaeda associates.

Security agencies in Algeria and beyond might know who “Mr. Marlboro” is. But what is his motive in the operation to seize Western hostages?

In the past, he has staged kidnappings for money, negotiating the freedom of his captives in exchange for millions of dollars in ransom.

This time, the group he leads has linked the operation to events in Mali, where the French military has intervened to prevent an advance by Islamist forces that control the north of the country.

Mr. Belmokhtar, 40, is thought to be based in Mali in the rebel-held town of Gao, which has been attacked by French warplanes. Some believe he is masterminding the hostage operation from there.

The hostage-takers have demanded an end to the intervention and a reversal of Algeria’s decision to allow the French military to fly over its territory on the way to Mali.

Mr. Belmokhtar might also be seeking to reassert his role as a central player in the factionalized Islamist politics of the region after a recent move by the local Qaeda affiliate to push him aside.

He was removed from a military leadership role in Al Qaeda in the Islamic Maghreb in October, according to French broadcaster RFI, after falling out with the movement’s leaders.

He then announced the creation of his own brigade as part of a rapprochement with Mujao, a jihadist group that has broken with Al Qaeda.

He is also thought to be close to leaders of Mali’s Tuareg tribesmen, possibly through one of his many marriages. The Tuareg’s seizure of northern Mali last year was rapidly taken over by jihadists.

It is as yet unclear whether the Algerian hostage-taking was a rapid response to the French intervention in Mali or whether it was preplanned for other motives.

Mr. Belmokhtar, condemned in his absence to life imprisonment by Algerian courts, was already scheduled to be tried in absentia by the Algiers criminal tribunal next Monday on charges that include supplying weapons for attacks on Algerian soil.

Planned targets were said to include pipelines and oil company installations in southern Mali.

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Missouri Lawmaker Wants Violent Video Games Taxed

A rural Missouri lawmaker wants her state to tax certain video games to help curb gun violence. The Associated Press reports state Rep. Diane Franklin, R-Camdenton, believes a 1 percent sales tax on video games rated teen, mature and adults only would help finance mental health programs aimed at reducing gun violence such as the recent mass shooting at Sandy Hook Elementary School in Newtown, Conn.

What does the legislation propose?

House Bill 157 proposes to create “an excise tax based on the gross receipts or gross proceeds of each sale” of video games rated by the Entertainment Software Rating Board (ESRB). The tax also involves the “storage, use or other consumption” of violent video games in Missouri including “tangible personal property.” This means the tax could extend to memorabilia derived from the games such as toys, clothing and video game accessories.

How does the legislation hope to enhance public safety?

The law hopes to procure “new and additional funding for treatment of mental health conditions associated with exposure to violent video games… .” The revenue from the tax cannot be used to replace existing revenue already in place. Franklin deems the legislation “necessary for the immediate preservation of the public health, welfare, peace and safety.” Therefore, if the legislation passes it will go into effect immediately. There is no mention in the legislation as to how much revenue should be generated, nor does it say whether the sales tax is just on new merchandise as opposed to used games on the secondary market.

Have similar laws been considered before?

A similar proposal was struck down in mid-February in Oklahoma. Democrat William Fourkiller crafted legislation in 2012 that is very similar to Franklin’s idea in Missouri. A subcommittee struck down the bill by a 6-5 margin. Fourkiller, in defending the law , said it wasn’t a “magic bullet” but that Oklahoma had “to start somewhere” to curb childhood violence. Oklahoma also would have taxed ESRB teen, mature and adults only games at a rate of 1 percent.

Does the Missouri law have a chance to pass?

CNN notes a federal appeals court made a ruling in 2003 that video games are free speech protected by the First Amendment. Ironically, it was a federal case stemming from St. Louis County, Mo., that created the precedent for video games as free speech. Senior U.S. District Judge Stephen Limbaugh’s decision was reversed by an appellate panel. The ruling came shortly after the state of Washington banned the sale of certain video games to children under the age of 17. Gamasutra reveals New Mexico also tried, and failed, to pass a similar law in 2008.

What are Franklin’s credentials as they relate to the proposed bill?

Franklin was first elected in 2010 from Camdenton. She is a mother of two sons and served on Camdenton School Board from 1993 to 1999. She sits on the House Appropriations-Education committee. Franklin is a third-generation small business owner and comes from a farming family. Missouri Republicans currently have a veto-proof supermajority in the General Assembly. Camdenton is a small city of around 3,700 people near Lake of the Ozarks in central Missouri.

William Browning is a research librarian specializing in U.S. politics.

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Simon Cowell Signs The X Factor's Fifth Harmony

TV Watch
People Exclusive

By Patrick Gomez

01/17/2013 at 09:00 AM EST

Simon Cowell (center) and Fifth Harmony

Scott Kirkland/Picturegroup

Fifth Harmony and One Direction have a lot in common.

Both groups auditioned as five individuals before being put together by The X Factor mentors. Both groups went on to place third on their seasons. And, now, both groups have been signed by their X Factor mentor Simon Cowell.

"I knew from the girls' first performance at the judges' homes that we'd done the right thing," Cowell, in an exclusive statement, tells PEOPLE of Fifth Harmony. "The chemistry between the girls both on stage and off is fantastic, and they are incredibly talented."

Fifth Harmony's Ally Brooke, 19, Camila Cabello, 15, Normani Hamilton, 16, Dinah Jane Hansen, 15, and Lauren Jauregui, 16, developed a loyal fan base of "Harmonizers" during the Fox reality show's second season and have now signed a recording deal with Cowell's Syco Music and fellow X Factor mentor L.A. Reid's Epic Records.

"The fact that we're being given the opportunity to make music that we want feels like a dream we never want to wake up from. I literally have to pinch myself," says Cabello, who is known to fans for her signature hair bows.

The group's debut album will be executive produced by Julian Bunetta (whose credits include One Direction, Boys II Men and Leona Lewis), but the girls seem most excited to be reunited with each other in the recording studio after being apart for the holidays.

"I am going to have a blast working with my girls," Brooke says. "I promise we are going to bring it."

One of Fifth Harmony's most memorable performances was a cover of Ellie Goulding's "Anything Can Happen" – and how true that is, given what has taken place for a group of girls who, less than a year ago, were total strangers.

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Large study confirms flu vaccine safe in pregnancy

NEW YORK (AP) — A large study offers reassuring news for pregnant women: It's safe to get a flu shot.

The research found no evidence that the vaccine increases the risk of losing a fetus, and may prevent some deaths. Getting the flu while pregnant makes fetal death more likely, the Norwegian research showed.

The flu vaccine has long been considered safe for pregnant women and their fetus. U.S. health officials began recommending flu shots for them more than five decades ago, following a higher death rate in pregnant women during a flu pandemic in the late 1950s.

But the study is perhaps the largest look at the safety and value of flu vaccination during pregnancy, experts say.

"This is the kind of information we need to provide our patients when discussing that flu vaccine is important for everyone, particularly for pregnant women," said Dr. Geeta Swamy, a researcher who studies vaccines and pregnant women at Duke University Medical Center.

The study was released by the New England Journal of Medicine on Wednesday as the United States and Europe suffer through an early and intense flu season. A U.S. obstetricians group this week reminded members that it's not too late for their pregnant patients to get vaccinated.

The new study was led by the Norwegian Institute of Public Health. It tracked pregnancies in Norway in 2009 and 2010 during an international epidemic of a new swine flu strain.

Before 2009, pregnant women in Norway were not routinely advised to get flu shots. But during the pandemic, vaccinations against the new strain were recommended for those in their second or third trimester.

The study focused on more than 113,000 pregnancies. Of those, 492 ended in the death of the fetus. The researchers calculated that the risk of fetal death was nearly twice as high for women who weren't vaccinated as it was in vaccinated mothers.

U.S. flu vaccination rates for pregnant women grew in the wake of the 2009 swine flu pandemic, from less than 15 percent to about 50 percent. But health officials say those rates need to be higher to protect newborns as well. Infants can't be vaccinated until 6 months, but studies have shown they pick up some protection if their mothers got the annual shot, experts say.

Because some drugs and vaccines can be harmful to a fetus, there is a long-standing concern about giving any medicine to a pregnant woman, experts acknowledged. But this study should ease any worries about the flu shot, said Dr. Denise Jamieson of the Centers for Disease Control and Prevention.

"The vaccine is safe," she said.

___

Online:

Medical journal: http://www.nejm.org

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Wall Street hits five-year high at open on data, eBay

NEW YORK (Reuters) - Stocks hit a five-year high at the open on Thursday after better-than-expected results from online marketplace eBay and as data showed first-time claims for unemployment benefits dropped to a five-year low.

The Dow Jones industrial average <.dji> gained 31.80 points, or 0.24 percent, to 13,543.03. The Standard & Poor's 500 Index <.spx> gained 3.67 points, or 0.25 percent, to 1,476.30. The Nasdaq Composite Index <.ixic> gained 12.66 points, or 0.41 percent, to 3,130.20.

(Reporting by Chuck Mikolajczak; Editing by Nick Zieminski)

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Leung Chun-ying, Hong Kong Leader, Pledges to Ease Housing Shortage

Hong Kong’s embattled chief executive used his first policy address on Wednesday to outline a series of populist proposals to try to alleviate the severe housing shortages and air pollution that have been bedeviling the city.

The chief executive, Leung Chun-ying, who took office in July and has already weathered one legislative vote of no confidence, one vote to start an impeachment process and a series of large street protests, pledged to help produce 100,000 units of housing over the next five years by streamlining approvals, opening up undeveloped lands for housing and even tapping rock caverns and underground spaces for development.

His address came in the wake of a steadily increasing drumbeat of criticism over his administration, centering on his perceived close ties to the Chinese leadership and his actions during his election campaign. During the race, he concealed the fact that he had expanded his $64 million home without receiving government planning permission, while at the same time criticizing his opponent for similar transgressions, prompting charges of hypocrisy.

Mr. Leung has already taken steps to curtail housing speculation by imposing steep taxes on short-term real estate purchases by anyone who is not a permanent Hong Kong resident. Despite a moderation in apartment prices, demand for housing remains intense, he said.

“Many families have to move into smaller or older flats, or even factory buildings,” he said. “Cramped living space in cage homes, cubicle apartments and subdivided flats has become the reluctant choice for tens of thousands of Hong Kong people.”

Mr. Leung also promised to reduce air pollution, notably through the retirement of diesel trucks. He said his government would offer $1.29 billion in payments to the owners of more than 80,000 old, heavily polluting trucks, who will be required to retire them or replace them with new models.

The plan will reduce roadside emissions of particulates 80 percent and emissions of smog-causing nitrogen oxides 30 percent, the government said.

While cars tend to draw more attention than trucks as pollution sources because of their greater numbers, American air pollution researchers working in Asia have found that the diesel engines in trucks and buses are a far bigger threat. They account for over 90 percent of vehicular emissions of particulates and nitrogen oxides in mainland China, studies there have found. Some studies have also found that diesel exhaust is carcinogenic, but this aspect of Chinese air pollution has been studied less.

In his speech on Wednesday, Mr. Leung tried to change the political narrative by addressing the bread-and-butter concerns of the residents of Hong Kong, where an influx of money, much of it from the Chinese mainland, has led to yawning wealth disparities.

“While Hong Kong is a generally affluent society, there are still many people who live a hand-to-mouth existence,” he said. “Public resources should be devoted to those who cannot provide for themselves.”

Large-scale developments in Hong Kong take 10 to 20 years to approve and build because they involve considerable public consultation, elaborate engineering to adapt to the challenges of building on the city’s steep slopes, and sometimes the construction of additional subway stops. Mr. Leung cautioned in his speech that his suggested measures might not bring quick relief from the city’s housing shortage.

Teenagers and people in their 20s have become increasingly active in the past year in street protests that previously had more middle-aged demonstrators, and Mr. Leung tried to seek the support of the city’s young people. They face higher unemployment than previous generations and more worries about housing affordability. But they also tend to be sympathetic to environmental concerns about encroachment on the city’s many hillside parks, which real estate developers regard as a source of delay.

“Our young people should recognize that the planning proposals and development options under discussion today are intended to address their future needs,” Mr. Leung said. “It is all too easy for the government to sidestep the problem, but it is today’s young people who will have to bear the adverse consequences in the future.”

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