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/ Wednesday, March 30, 2011
Bulletin, Progressive, Record, Reporter
11 another m, isguided discrimination case
al Transportation Plan, which of rail passengers. The 2001 positive as they might have discrimination by law en- of racists. (But, t)he notion of
is a comprehensive blueprint RTEP allocates the lion's share desired. The court explained forcement and the judicial a Bay Area board bent on
for improving area trans- of transit funds to new rail pro- that the RTEP must be viewed system. Get over it.) racist goals is a specter that
portation facilities. A key por- jects. By allocating a dispro- as an integrated whole and, I think Judge John T. Noo- only desperate litigation
tion of the plan is the Region- portionately low amount of the because minorities make up a nan said it best in his concur- could entertain."
al Transit Expansion Plan transit funds to bus projects majority of riders on both bus ring opinion in Darensburg, Nevertheless, not to be out-
(RTEP), which provides long- that are more heavily used by and rail, any allocation of from which I quote liberally: done by the plaintiffs or their
LEGAL MUSINGS range planning for mass tran- minorities, MTC is guilty of funds to mass transit of either "The American instinct to attorneys in Darensburg, I
STEVE BRENNEMAN sit services, race discrimination. Breath- kind benefits minorities, cast controversies into a legal have my own theories for fu-
steve@schoolpathways.com As the federally-designated taking in its simplicity, no? The court did not complete- forum has been an American ture lawsuits.
planning agency for the Bay Although the federal district ly foreclose the possibility of characteristic at least since 1. I submit that a dispropor-
I know I shouldn't be Area, MTC is required to put- court found the plaintiffs stated proving discrimination where Alexis de Tocqueville observed fionate number of people who
amazed at the creativity of my sue various goals, including a viable discrimination claim, a governmental action pro- in 1835, 'Scarcely any political shop at Walmart are poor. I fur-
brethren in the legal profes- supporting economic vitality, the 9th Circuit disagreed, rides fewer benefits to mi- question arises in the United ther submit that a dispropor-
sion, but sometimes I just increasing safety and mobili- A party may prove discrim- norities than it might other- States that is not resolved, tionate number of poor people
can't help myself. Some of the ty, and supporting environ- ination in one of two ways: el- wise have. But in this in- sooner or later, into a judicial are minorities. Hence, whenev-
legal theories they come up mental protection. It must al- ther by direct evidence of dis- era local city council votes to
with, often seemingly out of so consider human health and criminatory intent or by evi- stance, the plaintiffs' statisti- question. (Citation.) No doubt
whole cloth, are truly works environmental effects that dence of discriminatory im- cal showing ignored the fact the instinct is both laudable ban a Walmart from coming to
of art. (Or maybe it just seems may have a disproportionate pact from which discriminato- that a given bus project could and optimistic -- laudable be- town in order to protect local
businesses, this amounts to
that way to me.) impact on minority and low- ry intent may be inferred. Di- disproportionately benefit cause litigation is more peace-
One such case is Darensburg income populations, rect evidence of discriminato- non-minorities (if, for exam- ful than pugilistic and opti- race discrimination.
v. Metropolitan Transporta- In 2001, MTC received pro- ry intent might consist of tes- ple, it serves a largely white mistic because it assumes that 2. By definition, a dispro-
tion Commission (Darens- posals for 14 rail and four bus timony by a witness who over- neighborhood) while a given a court is capable of resolving portionate number of poor
burg), a race discrimination projects. The rail projects in- heard board members saying train project might dispropor- almost any question.'" people have more debt than
case filed in federal district eluded five BART projects, they intended to ignore the tionately benefit minorities. Noonan goes on to explain savings. As in No. 1 above, a
court in San Francisco. How- three Caltrain projects, and six plight of minority bus riders. In my humble view, this how the plaintiffs' theory in disproportionate number of
ever, before discussing the other rail projects with a total Evidence of discriminatory matter should never have Darensburg is based on an poor people are minorities. In-
case, some background infor- cost of just over $10 billion, impact might consist of statis- found its way to a court, outmoded notion of racial flation tends to benefit those
marion is necessary. The four bus projects had an tics showing that a new pro- There is, sad to say, real dis- identity: "The twentieth cen- who have more debt than say-
The Metropolitan Trans- overall cost of approximately ject will result in an overall crimination that continues to tury racial categories so confi- ings by reducing the value of
portation Commission (MTC) $1.5 billion. The RTEP adopted decrease in routes available vex this country. And then dently deployed no longer cor- the dollar. Hence, any pro-
is a transportation planning by MTC in 2001 included all in minority neighborhoods, there are circumstances like respond to American life gram by the federal govern-
agency that coordinates activ- five BART projects and all In Darensburg, the plain- that in Darensburg, where among the young. (Citing a ment designed to restrict in-
ities for the nine-county San three Caltrain projects, but on- tiffs sought to prove discrimi- neutral governmental actions January 2011 New York Times flation will have a dispropor-
Francisco Bay Area. It re- ly two of the bus projects, natory intent through evi- might nevertheless have an article.) What is true of the tionately negative impact on
ceives federal and state fund- In Darensburg, a class of mi- dence of discriminatory im- adverse impact on a particu- young is already characteris- minorities and, hence, is dis-
ing and allocates those funds nority mass transit riders sued pact. However, the problem lar racial or ethnic group. The tic of the Bay Area where so- criminatory.
to select operators and for MTC for race discrimination, for the plaintiffs in Darens- disproportionate number of cial change has been fostered I could go on, but you get
: various projects designed to Their theory? Statistics show burg was that the governmen- African-Americans in the by liberal political attitudes, the point. (Footnote: Please
improve transportation, that minorities make up 66.3 tal action had a net positive prison system comes to mind. and a culture of tolerance. An destroy this article lest it
Every four years, MTC is percent of all bus riders in the impact on minorities, al- (Yes, ! know some of you individual bigot may be should fall into the hands of
required to update the Region- Bay Area, but only 51.6 percent though perhaps not as think this is due to intentional found, perhaps even a pocket Jesse Jackson.)
Daily stress rn, q, lead to adrenal fatigue syndrome
HERE'S TO
Your HEALTH
AURA WHITTAKER
Adrenal fatigue is a term ap-
plied to a collection of symp-
toms such as body aches, fa-
tigue, nervousness, sleep dis-
turbances and digestive prob-
lems. The conventional med-
ical community doesn't recog-
nize adrenal fatigue as a real
condition, but the alternative
medicine world believes it's
the reason behind an epidemic
of extreme exhaustion. Many
Americans, especially women,
are thought to suffer from
symptoms of exhaust.ion so
it's important to understand
adrenal fatigue.
Your job, your kids, your
house, your finances -- life is
a hectic balancing act. A grow-
ing number of alternative
medicine practitioners believe
daily stress has thrown our
adrenal glands completely out
of whack, causing an epidemic
of exhaustion they call adren-
al fatigue syndrome. Dr.
James Wilson, the man who
first named the condition in
1998, believes two-thirds of all
Americans could be suffering
from some form of fatigue.
an My husband gets really angry when he is 1
stressed out and now he has started to hit things,
a d swearing at the kids. He is very sorry afterwards
but I am getting afraid, and this fear is eroding
at our connection that is pretty worn anyway.
What can I do to save the marriage?
Call the Plumas/Sierra Crisis Line
at 1-877-332-2754 before this escalates even more.
We can give you resources and referrals
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Proponents of the adrenal fa-
tigue diagnosis suggest it is a
mild form of adrenal insuffi-
ciency caused by chronic
stress. The theory behind
adrenal fatigue is that your
adrenal glands are unable to
keep pace with the demands of
perpetual fight-or-flight
arousal caused by chronic
low-grade stress. As a result,
some people can't produce
enough of the hormones we
humans need to feel good.
Signs and symptoms of
adrenal insufficiency include
fatigue, body aches, unex-
plained weight loss, low blood
pressure, lightheadedness and
loss of body hair. Adrenal in-
sufficiency can be diagnosed
by blood tests and special tests
that show low levels of adren-
al hormones. However, ac-
cording to many alternative
medicine practitioners and
proponents of the theory,
blood tests hre simply not
sensitive enough to pinpoint
minor adrenal malfunction. A
saliva test that measures cor-
tisol levels is sometimes used
to help determine the syn-
drome.
Your adrenal glands pro-
duce many hormones that are
essential to life. The medical
term "adrenal insufficiency"
or Addison's disease refers to
inadequate production of one
or more of these hormones as
a result of an underlying dis-
ease.
Located near the top of each
kidney, the adrenal glands are
comprised of two parts: the
adrenal medulla, which se-
cretes the hormones epineph-
rine, norepinephrine and
dopamine; and the adrenal
cortex, which secretes aldos-
terone, cortisol, corticos-
terone and the androgens (sex
hormones).
Cortisol helps mobilize your
energy levels and prepare the
!ill 7! ii!i!!?iiiii!!iiiiiiili ¸ i ?
MARY K. SHELTERS
Attorney at Law
ESTA PLANN!NG
WiltT, Trusts, ers of Attorney
BTCY
Confiantial, Compaste, Counseling & Protection
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body for physical and emo-
tional stress. Epinephrine and
norepinephrine are rsponsi-
ble for the body's biological re-
sponse to danger known as the
fight-or-flight response, which
is characterized by heart
pounding, increasing pain
threshold, pupils widening,
breath quickening and in-
creased alertness.
It's frustrating to have
persistent symptoms your
doctor can't readily explain.
But adrenal fatigue syndrome
has not been proven in the
medical community. Thus,
some doctors think the un-
proven remedies may leave
you feeling sicker, while the
real cause continues to take
its toll.
Misdiagnosis is a serious
concern since a patient could
be suffering instead from a
recognized adrenal disorder
such as Cushing's syndrome
(too much cortisol) or Addi-
son's disease (too little corti-
sol, aldosterone and/or sex
hormones), both of which can
be treated with medication.
Many other conditions rang-
ing from sleep apnea, a pitu-
itary problem, thyroid illness
or depression could also be
the source of extreme fatigue.
Perimenopausal and
menopausal women are be-
lieved to be at higher risk for
adrenal fatigue syndrome be-
cause of the interplay between
the adrenals and other midlife
hormonal changes. Salt crav-
ing can sometimes be due to
serious adrenal insufficiency
especially if the salt craving is
new, persistent and excessive.
If you think you have adren-
al fatigue, visit your medical
practitioner first so he can
take your full medical history,
conduct a physical and look
for other possible conditions.
Adrenal fatigue or not, the
best way to protect yourself
against stress and extreme ex-
haustion is by establishing an
overall plan for good health.
Start by avoiding caffeine,
sleeping seven - nine hours
each night and exercising dai-
ly. Eat a balanced diet that in-
cludes a breakfast with some
protein and when you hit that
midday slump, don't reach for
sugary snacks. Instead, have a
handful of almonds or other
nuts and a piece of fruit for
sustained energy release.
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