Local News | Oregon Court of Appeals protects medical marijuana | Seattle Times Newspaper

PORTLAND — The Oregon Court of Appeals has ruled that an employer must make a reasonable accommodation for medical marijuana use for a disability.

In an opinion issued Wednesday, the appeals court upheld a ruling by the state Bureau of Labor and Industries.

The agency said that Emerald Steel Fabricators in Eugene violated state laws barring discrimination against the disabled by discharging an employee who used medical marijuana.

A key issue was the fact the employee never used marijuana in the workplace — an issue the Oregon Supreme Court avoided in 2006 when it ruled against a registered medical marijuana user fired from his job at a Columbia Forest Products plant after urine tests detected traces of the drug.

Employers do not have to let patients smoke medical marijuana in the workplace. But the Oregon Medical Marijuana Act approved by voters in 1998 was unclear about whether employers must accommodate workers who smoke medical marijuana off the job.

In the opinion by Judge Timothy Sercombe, the Oregon Court of Appeals went back over the 2006 Oregon Supreme Court ruling to emphasize the Emerald Steel employee never used the marijuana at work — just like the worker in the Columbia Forest case.

The appeals court also noted the Oregon Supreme Court did not address some of the defenses raised in the earlier case, including the argument an employee could be affected by medical marijuana use while on duty or in "safety-sensitive positions."

It also rejected an attempt by Emerald Steel to raise new issues on appeal, including the fact that marijuana remains illegal under federal law despite state law allowing its use for medical purposes.

"Accordingly, we will not consider those issues for the first time on review," Sercombe wrote.

Medical marijuana has been opposed by the construction industry, which wants laws to prohibit medical marijuana users from potentially hazardous jobs such as operating heavy machinery.

Associated General Contractors has lobbied for laws defining safety-sensitive jobs, including driving large trucks, handling explosives, working at construction sites and other jobs listed as hazardous under state work safety laws.

Supporters of restrictions on medical marijuana use, including state Rep. Mike Schaufler, D-Happy Valley, have said they are trying to ensure public safety.

But medical marijuana activist John Sajo says that during legislative hearings last year, nobody was able to identify a single case where a medical marijuana patient had caused a workplace accident or problem.

He also said the vast majority of medical marijuana patients are too ill to work.

Eleven other states — Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Rhode Island, Vermont and Washington state — have medical marijuana laws.

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AIDS Drugs Reaching More People in Developing World, U.N. Says - washingtonpost.com

UNITED NATIONS, June 9 -- About 3 million people infected with the AIDS virus in the developing world received life-prolonging antiretroviral drugs last year, a 42 percent increase over 2006 in the number with access to the medicines, a U.N. report said Monday.

But U.N. officials cautioned that 70 percent of AIDS victims still have no access to the medicines and that the number of newly infected people worldwide in 2007 was still 2.5 times the number receiving treatment. HIV/AIDS remains the leading cause of death in sub-Saharan Africa.

The new figures were in a report released by Secretary General Ban Ki-moon on the eve of a high-level meeting at U.N. headquarters to review progress in the international fight against AIDS. The meeting on Tuesday and Wednesday will be attended by eight presidents and more than 90 prime ministers, foreign ministers and health ministers.

The growing availability of AIDS treatment for the world's poor marks an important breakthrough in addressing the epidemic, the report said. Five years ago, only about 200,000 people in developing countries could get the drugs -- the vast majority of them in Brazil. Although the multiple-drug regimens have dropped dramatically in price, they remain out of reach for many.

"Since 2006, progress in response to HIV is evident in many regions," the 27-page report stated. "However, progress is uneven, and the expansion of the epidemic itself is often outstripping the pace at which services are being brought to scale."

At a time when overall foreign assistance to the developing world has been shrinking, funding for HIV-related activities has grown tenfold over the past decade, reaching $10 billion in 2007. U.N. officials said the new figures showed that the investment has paid off.

The number of AIDS-related deaths decreased from 3.9 million in 2001 to 2.1 million in 2007, and the number of newly infected people decreased from 3.2 million in 1998 to 2.5 million in 2007. Still, "the breadth and severity of the epidemic remain unmatched in modern times by any other infectious diseases," the report said.

The number of AIDS cases is still rising in some countries, including China, Russia, Indonesia and Ukraine. Peter Piot, executive director of UNAIDS, the U.N. agency created in response to the epidemic, said the increase in AIDS infections in China has been fueled in part by mass movements of temporary laborers, by an increase in disposable income in the hands of male workers and by a rise in socioeconomic inequality, which has driven some poor women into prostitution. He also cited an increase in men having sex with other men.

The report found that access to AIDS treatment was uneven. Availability has soared in several countries in Asia and Africa. Sixty percent of AIDS patients in Rwanda had access to antiretroviral drugs last year -- up from 1 percent in 2003 -- as did 88 percent of Namibians with AIDS. The number of people getting treatment in Thailand and Vietnam increased more than tenfold during the same period.

But some of the nations hit hardest in Africa -- including Lesotho, South Africa and Swaziland -- have seen little improvement in the rate of new infections. Nearly 26 percent of adults 15 to 49 years of age in Swaziland are living with HIV/AIDS.

Even Uganda, one of the first African countries to see a reduction in AIDS infection rates, is showing renewed signs of trouble. "Recent surveys have revealed increases in risk behaviors and a decline in knowledge about HIV among young people" there, the U.N. report said.

"Serious challenges remain," Ban said. "In several countries, prevalence is rising among young people as well as women and girls. Five million Africans still need treatment."

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VOA News - Hong Kong to Slaughter All Live Poultry in Markets Following Bird Flu Outbreak

Hong Kong plans to slaughter all live poultry in the territory's markets following the appearance the H5N1 strain of bird flu. As Naomi Martig reports from Hong Kong, this is the most serious outbreak of the virus in the city where it was discovered in five years.

Woman walks past some cooked chickens outside restaurant in Hong Kong, 12 Jun 2008

Hong Kong authorities say the cull affects all retail poultry vendors, and about 3,500 birds will be killed to prevent the spread of the disease.

The move follows an outbreak of the H5N1 virus on Saturday, which led authorities to suspend live poultry imports from mainland China. Days later, the virus appeared in three city street markets - the first outbreak in the markets in five years.

The government plans to compensate vendors who face losses because of the cull.

Peter Cordingley, a spokesman for the World Health Organization regional office in Manila, says despite the financial concerns that bird flu outbreaks create, officials in Hong Kong were wise in reporting first, and culling fast.

"Right at the beginning of this outbreak in 2003-2004, there were some governments in the region who were reluctant to tell the world what was going on because they were frightened of the impact on their poultry trade and also about tourism," he said. "They discovered pretty quickly that the costs of not reporting the outbreak were far higher than any costs they might have incurred in losses of exports and incoming tourists. There is no way around this."

Hong Kong drew praise from international medical experts in 1997, when the virus appeared for the first time ever, and crossed from birds to humans. Eighteen people in the city contracted the virus, and six died. Researchers in Hong Kong quickly identified the new virus, and the government slaughtered the city's entire poultry population - about one and a half million birds.

That cull appeared to have kept the virus contained until 2003, when it appeared in Southeast Asia and then spread across Asia to Europe and Africa. It killed tens of millions of birds and forced government culls of even more.

Cordingley says Hong Kong set the benchmark in 1997, and now, for the vigilance that is needed to prevent the spread of the disease.

"Hong Kong sits at the edge of a volcano," he said. "If you look at Hong Kong geographically, it is surrounded by the virus and they managed to keep the virus out because they put in place a whole host of precautions. They've worked very well until now."

Since the latest outbreak began in 2003, more than 240 people have died of bird flu, mostly in Asia. The majority of human bird flu cases involved contact with infected poultry. Experts fear, however, that the virus will change into a form that will spread easily among humans, causing a worldwide epidemic.

Southern China is suspected of being the source of several flu epidemics in the past. In 2002, the virus known as SARS first infected humans there and went on to infect more than 8,000 people around the world, killing almost 800. Because of the risk of contagious illnesses spreading throughout the crowded city, Hong Kong has developed internationally recognized virus research facilities, and a system to rapidly respond to outbreaks.

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NewsHour Extra: Student Voice | Could Obama and Clinton be the Golden Ticket? | June 12, 2008 | PBS

	The Democratic race to the White House has been nothing short of compelling. Record numbers of young voters have come out in support of their favorite candidate and many more have been actively campaigning. The Democrats haven't had such a popular race in years. Barack Obama and Hillary Clinton made history and broke boundaries with their intense primary battle. While Barack Obama has finally won the nomination, some Democrats can't help but ask: Why can't it be both? Much talk has been circulating about a possible Obama-Clinton campaign, but of course no one knows for sure. Though there is no certainty to these rumors, what is certain is that many are curious to discover what the combination would be like, and if it would be beneficial to both the country and the Democratic Party. Different strengths What truly separates Barack and Hillary is experience, or the lack thereof. Their campaigns focused on two entirely different mottos: Hillary's was one of experience and stability, while Barack is running as a fresh face and a candidate of change. Even those who chose to vote for Obama can recognize the fact that Hillary is highly qualified. She's been in the Senate for seven years, and was a First Lady for eight. She's passed three legislative acts and is part of four Senate committees. On the other hand, the charismatic Obama only has three years in the Senate, and has passed two legislative acts. He too is part of four Senate committees; however, matched up against many candidates, Barack Obama does seem to come up short. Why then was he able capture the nomination? The answer is simple. He's full of life, a great orator, and he represents all that America is hoping for in the near future. This difference between them is one of the main reasons why they seem like they'd be a phenomenal team. An Obama-Clinton administration would have both Hillary's experience and knowledge and Barack's charisma. But the question still remains: could the combo happen, and what do people think? Bringing sides together As of now, the two seem to be an unlikely pair. They've traded nasty remarks and allegations. It seems as though the Democratic party is divided. Obama supporters still resent the attacks made by Hillary and Bill Clinton, while Clinton supporters insist that Obama is way in over his head. Many of Obama's fans are unsupportive of Hillary as vice president. They are apprehensive of the fact that Bill Clinton is so involved in Hillary's political situation and also of her political baggage. As many Obama supporters have stated, their message is totally different from everything that Clinton stands for. The Obama campaign is all about change and being new, which is everything Hillary Clinton is not. While the primary race is over, there is still a divide among Democrats that needs to be fixed. Both Obama and Clinton have something unique to bring to the American people and the country. In the end, it is still a mystery when it comes to who Obama will pick as his running mate, but I truly think it'd be one interesting administration if these two political opposites joined together.

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The Associated Press: Obama site confronts rumors

WASHINGTON (AP) — Democrat Barack Obama's campaign said Thursday that Michelle Obama never used the word "whitey" in a speech from the church pulpit as he launched a Web site to debunk rumors about himself and his wife.

The rumor that Michelle Obama railed against "whitey" in a diatribe at Chicago's Trinity United Church of Christ has circulated on conservative Republican blogs for weeks and was repeated by radio talk show host Rush Limbaugh. The rumor included claims of a videotape of the speech that would be used to bring down Obama's candidacy this fall.

"No such tape exists," the campaign responds on the site, http://www.fightthesmears.com. "Michelle Obama has not spoken from the pulpit at Trinity and has not used that word."

The site is a response to the realities of a brave new world, where information travels 24 hours a day on blogs and voters are increasingly turning to the Internet for information. It's a particular problem for Obama, a relative newcomer to national politics who is still unknown to many voters and has been the target of persistent misinformation campaigns online.

E-mails about Obama rank No. 2 on the list of "Hottest Urban Legends" on snopes.com, an Internet rumor-debunking site, behind e-mail greeting cards that could expose computers to viruses.

Michelle Obama has often been the target of conservative attacks, prompting Obama to demand his rivals "lay off my wife." Much of the criticism came from her comment that her husband's campaign has made her proud of her country "for the first time," a remark that inspired a Tennessee Republican Party Web video questioning her patriotism.

There have also been more insulting attacks, and not just limited to the Internet. The Fox News Channel recently labeled her as "Obama's baby mama" and also raised the inflammatory suggestion that she gave her husband a "terrorist fist jab" when they bumped knuckles the night he clinched the nomination.

The Obamas recently resigned from Trinity, where the Rev. Jeremiah Wright was the longtime pastor. Wright came under fire for sermons in which he cursed America and accused the government of conspiring against blacks. Video of the sermons spread quickly on the Internet and threatened great damage to Obama's campaign.

Other false claims about the Illinois senator _that he's secretly a Muslim who refuses to say the Pledge of Allegiance and is intent on destroying America — spread widely during the primary campaign, and the candidate made it a habit of telling audiences to respond to e-mail rumors to set the record straight.

Barack Obama bristled when a reporter asked him about the "whitey" rumor on his campaign plane last week, saying it was nonsense that shouldn't be repeated in questioning by a mainstream reporter.

"It is a destructive aspect of our politics right now," Obama told his traveling press corps. "And simply because something appears in an e-mail, that should lend it no more credence than if you heard it on the corner. And you know, presumably the job of the press is to not go around and spread scurrilous rumors like this until there's actually anything, one iota of substance or evidence that would substantiate it."

At the same time, his campaign was preparing the site to help stop lies that are spreading online.

The site explains that Obama is "a committed Christian" who never attended a radical madrassa during his childhood in Indonesia. With chain e-mails falsely claiming Obama was sworn into the Senate on the Quran, the holy book of Islam, the Web site includes a photo showing him taking his oath of office on the family bible.

It shows C-SPAN video of Obama leading the Pledge of Allegiance with his hand over his heart as he presided over the Senate on June 21, 2007. It encourages people to send e-mail to friends and "spread the truth."

"The Obama campaign isn't going to let dishonest smears spread across the Internet unanswered," said Obama spokesman Tommy Vietor. "It's not enough to just know the truth, we have to be proactive and fight back."

On the Net:

• http://www.fightthesmears.com

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US weekly jobless claims up 25,000 to 384,000 UPDATE - Forbes.com

WASHINGTON (Thomson Financial) - The number of individuals filing new claims for unemployment insurance rose above expectations, while the number of those continuing to receive unemployment insurance rose to its highest level in more than four years, the Labor Department said on Thursday.

The number of first-time claims filed in the week ending June 7 increased 25,000 to 384,000, well above the 365,000 claims economists polled by Thomson Reuters IFR Markets were expecting. Initial claims in the previous week were upwardly revised by 2,000 to 359,000.

A Labor Department official said some of the increase in the report may have been due to volatility in the seasonal adjustment factors.

'This number strongly supports our view that last week's drop in claims was due to seasonal adjustment problems caused by the Memorial Day holiday,' said Ian Shepherdson of High Frequency Economics. 'We now expect claims to hover around this level for the next few weeks, before the annual chaos caused by the automakers' retooling shutdowns begins.'

Labor reported that the four-week moving average for initial claims increased 2,500 to 371,500. Economists prefer the four-week moving average because it smoothes out fluctuations in weekly data.

'The key point here is that the underlying trend in claims continues to grind higher, as it should at this point in the cycle,' Shepherdson said.

For the week ended May 31, the number of individuals continuing to receive unemployment insurance rose by 58,000 to 3.139 mln, above the 3.120 mln claims economists were expecting. Continuing claims in the week reached their highest level since February 2004. Continuing claims in the previous week were downwardly revised by 12,000 to 3.081 mln.

The four-week moving average for continuing unemployment claims increased 16,500 to 3.099 mln, the highest level since February 2004. Contiuing claims measure on a four-week moving average basis are 23.7 pct higher than they were a year ago, 'which is indicative of considerably weaker labor market conditions because it indicates that those who are unemployed are finding it increasingly difficult to get re-employed,' said Joshua Shapiro of MFR.

tessa.moran@thomsonreuters.com

tlm/wash/kf1

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Freddie Mac says mortgage rates are at an 8-month high - Jun. 12, 2008

NEW YORK (CNNMoney.com) -- Rates on 30-year fixed mortgages have surged nearly a quarter percentage point to an 8-month high on growing concerns about inflation, mortgage backer Freddie Mac said Thursday.

Freddie Mac (FRE, Fortune 500) said 30-year fixed-rate mortgages averaged 6.32% with an average of 0.7 point in the week ending Thursday, up from 6.09% last week. Last year at this time, the 30-year loan averaged 6.74%.

The last time the 30-year fixed rate mortgage was higher was the week ended Oct. 25, when it averaged 6.33%.

"Mortgage rates jumped this week after a number of Federal Reserve officials, most notably Chairman (Ben) Bernanke and Vice Chair (Donald) Kohn, expressed concern over a threat of inflation," said Frank Nothaft, Freddie Mac vice president and chief economist, in a statement.

"This led some market participants to believe that the Fed will raise rates more aggressively over the year than previously thought," Nothaft added.

The 15-year fixed-rate mortgage this week averaged 5.93% with an average 0.6 point, up from last week when it averaged 5.65%. A year ago at this time, the 15-year fixed rate mortgage averaged 6.43%.

The last time the 15-year fixed-rate mortgage was higher was the week ended Oct. 25, when it averaged 5.99%.

"Inflation concerns are still continuing, so that would suggest some upward pressure on interest rates," said Keith Gumbinger, Vice President of HSHAssociates.com, an online publisher of consumer loan information.

Five-year adjustable-rate mortgages (ARMs) averaged 5.70% this week, with an average 0.7 point, up from last week when it averaged 5.51%. A year ago, the 5-year ARM averaged 6.37%.

One-year ARMs averaged 5.09% this week with an average 0.6 point, up from last week when it was 5.06%. At this time last year, the 1-year ARM averaged 5.75%.

Other news in the housing market has been more mixed. The number of homes under contract to be sold rose 6.3% in April, according to National Association of Realtors, showing that buyers were out shopping for bargains.

As interest rates move higher, buyers leave the market, and the lack of demand pushes home prices lower, according to Gumbinger. "The higher interest rates put renewed pressure on home prices," he said.

Single-family home prices dropped 7.7% in the first quarter, according to the National Association of Realtors. The year-over-year drop was the largest decline since the association began reporting on home prices in 1982.

"Serious delinquencies (loans overdue 90 days or more or in foreclosure) for both prime and subprime conventional mortgages nearly doubled between first quarter of 2007 and 2008, according to the Mortgage Bankers Association," added Nothaft.

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