xt74b853j98m https://exploreuk.uky.edu/dips/xt74b853j98m/data/mets.xml The Kentucky Kernel Kentucky -- Lexington The Kentucky Kernel 2003-12-09 Earlier Titles: Idea of University of Kentucky, The State College Cadet newspapers  English   Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Kernel  The Kentucky Kernel, December 09, 2003 text The Kentucky Kernel, December 09, 2003 2003 2003-12-09 2020 true xt74b853j98m section xt74b853j98m COLUMNIST: NEW LEGISLATION HIDING IMPORTANT CLAUSES I DIALOGUE, PAGE; .

K TUESDAYKENTUCKY

December 9, 2003

Celebratin 32 ears of inde endence

http://www.k kernel.com

 

Smoking ban to face appeals court

Food and beverage association's appeal hopes to delay,
prevent smoking ban from taking effect on Thursday

By Dulush Shafa
STAFF WRITER

With only two days before
it is set to go into effect. Lex-
ington‘s smoking ban is still
coming under fire.

The Lexington-Fayette
Food and Beverage Associa-

tion’s appeal against the ban
will be heard tomorrow at 10
am. by the Kentucky Court of
Appeals.

On Nov. 21. Fayette Cir-
cuit Judge Larry VanMeter
ruled for the ban to go into ef-
feet.

The Food and Beverage

Association then filed an ap
peal Nov. 26 and requested
that the Kentucky Court of
Appeals hear the case and
stave off the ban until a deci-
sion on its legality could be
reached.

The appeals court will do
cide whether to grant a tem-
porary injunction to delay the
smoking ban yet again or to
deny the injunction and allow
the ban to proceed.

At-large Councilman Dr.
David Stevens, a retired physi-
cian, said he is confident the
ban will go through but is un-
sure of how long the legal bat-
tle will continue.

“It think it will withstand
the legal challenges," he said.

But John Walters, an at-
torney for the business own-
ers who oppose the ban, is
confident his client‘s rights

See BAflonz

 

 

s...

I get nervous (in front of large crowds), but I love play-
ing the piano. I love playing music.”

- Professor Cliff Jackson

 

aw: DEIIISI mun surr

May from class time. into spare time: Professors enjoy hobbies and activities outside of the itssrmm
Above: Music professor Cliff Jackson plays a piece from We Fledemaus in his office In the Fine Arts building. I See 211%“ page ‘3

 

Patton clears way for Fletcher

Gov. Patton to concede power today to first GOP governor
in more than 30 years, won't comment on successor

FRANKFORT. Ky. ~ Gov.
Paul Patton spent his final
day in office Monday receiv-
ing well-wishers and wrap-
ping up paperwork. He com-
muted a death sentence and
penned a good-luck note for
his successor. Ernie Fletcher.

Fletcher awaited a swear-
ing—in just past midnight in
the Capitol Rotunda. complet-
ing Kentucky's transition to a
Republican administration
for the first time in 32 years.

A public inauguration,
with the full pomp of a pa-
rade and a series of inaugural
balls, is to take place this

morning and into the night.

The outgoing and incom-
ing governors met Monday
when Fletcher dropped by
Patton‘s office to inspect his
transition team‘s redecorat-
ing job. which included re-
placing the office's green car-
peting with a vivid red.

Patton declined comment
on the redecoration and said
he planned to be equally cir~
cumspect about his succes-
sor's policies.

“I think the most digni-
fied thing an ex-governor can
ever do is keep his mouth
shut," said Patton. whose po

litical ambitions were de-
railed by the scandal of his
two-year extramarital rela-
tionship with former nursing
home owner Tina Conner.

Patton at first denied.
then tearfully acknowledged
his afl‘air with Conner. He has
consistently denied doing
anything illegal or misusing
his power to help Conner —
or to harm her businesses af-
ter the affair. as she alleged in
a sexual harassment lawsuit
last year.

“I’m very confident we
have run as honest an admin-
istration as has ever been in
this town," said Patton. who
was quick to add: “I certainly

regret some things."

Patton was chairman of
the National Governors Asso
ciation in 2002. positioning
himself to run against Repub
lican US. Sen. Jim Bunning
in 2004, when the revelation of
the affair abruptly ended his
political career.

One of Patton's last-day
visitors was a predecessor.
former Gov. Julian Carroll,
who said in an interview that
Patton had been a good gover~
nor. notwithstanding his “in-
discretions."

“Unfortunater history
doesn’t always pay the most
attention to the most impor-
tant things." said Carroll.
whose own administration,

See PATTON on 2

 

Generic drugs
are as effective
as name brands

In order to save money without losing quality.
doctors, experts suggest choosing generic drugs

Iy Clay White
CONTIIIUTllG IIITEI

With flu season upon us, many doctors sug-
gest reaching for the less costly, but just as effec-
tive generic drugs, as opposed their name-brand
counterparts.

Dr. John Armitstead, director of UK pharma-
cy services, said he goes for generic drugs 98 per-
cent of the time.

“They’re effective as well as safe and at re-
duced cost,” said Armitstead, who is also the as-
sistant dean for Medical Center pharmacy ser-
Vices.

According to the non-partisan Congressional
Budget Office, generic drugs cost 25 to 75 percent
less and save consumers an estimated $8 billion
to $10 billion annually at retail pharmacies.

While the cost reduction depends on the
product, Armitstead advises against classifying
them as “cheap.”

“We don’t necessarily want cheap drugs but
cost-effective drugs," he said, stressing that qual-
ity and effectiveness at a good price is the most
important thing.

Erica Shalters, a biology sophomore, said she
regularly has painful bouts of acid reflux.

Tired of the high co-payments — the portion
of the fee the consumer pays — for her brand-
name prescription, she switched to its generic
equivalent.

“As a student, you usually want to go with
what's cheaper,” she said. .

Price isn’t the only aspect the drugs differ in,
said Syam Murty of Murty Pharmaceuticals, a
Lexington-based pharmaceutical company.

“They differ only in color, possibly shape, in
name and in price," he said. “The active ingredi-
ents are the same and from a biological activity
standpoint, they should be equivalent to the
brand-names, though they may not be at the
same dosage."

Armitstead said generic drugs may not differ
in effectiveness but do differ in efficacy — the
drug's potency.

For example, a generic drug may have to be
taken two or three times a day, while a brand
name may require only one dose daily.

Dr. Gregory Moore, director of University
Health Service, said that this is what consumers
must decide — whether the added efficacy or
convenience that a brand name offers is what
they want.

Moore added generic drugs are just as safe as
name brands.

“Maybe 15 years ago when the generic drug
industry was just burgeoning they weren’t, but
now they're fine and are held to same health
standards by the FDA (Food and Drug Adminis-
tration)," Murty said.

Moore said that due to the high cost of pre-
scription drugs many health insurance compa—
nies are dropping coverage for all drugs.

Many students, though, can receive medical
drugs for free or at a reduced cost through pri-
mary care at the University Health Service on
the first floor of the Kentucky Clinic, Moore
said.

“There is a small number of primary care
drugs for a reduced cost,” he said. “Other drugs
the student has to pay retail prices for unless
they have student health insurance.”

By state law, a pharmacist must give the pa-
tient the generic equivalent of the drug a doctor
prescribes unless they specifically request the
brand name, Moore said.

“People should
flows of operation

consult with their

pharmacist to see

what’s, best for

them. Armitstead The mm: W in
the Kentucky Clinic is open
from B are. to 6:30 pm. Herr
day through Friday. 9 am. to 1

said. “They need

to talk to their
p.m.$aturdayandisclosedon
Sundays.

pharmacist about
what’s possible to
reduce the cost
and get a quality
product and ask
why and how they
should take the
medicine."

E-mail

kernel@uky.edu

 

INSIDE
BCSchampionshippicks: manvs machineimu

Ozzy Osbourne seriously injured in ATV accident was: 3

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m: 2514915 I E-malt Weds

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ALLIHLMEHSJHALEIIS

The Low-down

W to schools more

LOUISVILLE, Ky — A federal trial began
Monday over whether the Jefferson County
school board may consider race and gender in
assigning students to schools. The case in US.
District Court revolves around school choice
and desegregation. It's the first to go to a fed-
eral trial since the Supreme Court in June
upheld the University of Michigan law
school's affirmative action program but
struck down the point system for minorities at
the undergraduate level. The plaintiffs, a
group of parents whose children were reject-
ed from “traditional“ schools because they are
white. The plaintiffs contend that the board‘s
setting of a range of racial quotas is not nar-
rowly tailored to meet constitutional muster.
They said it also violates a 2000 ruling by the
court against using racial quotas in magnet
schools The school boards attorney, Byron
Leet. said in an interview that maintaining
desegregation is “a lot more compelling at the
kindergarten level than at the law school
level." In the first day of the week-long trial,
the plaintiffs‘ attorney. Teddy Gordon, told
Chief Judge John Heyburn that the board is
“trading off" better education for diversity.
Holding up desk-size placards with schools'
standardized test scores. Gordon argued that
students enrolled in traditional programs do
better than those in nontraditional programs.
“It's certainly a significant case," he said.
Jefferson County has eight such schools and
several programs within other schools.
According to the policy, a school must main-
tain a number of black students between 15
and 50 percent of its enrollment. It does not
distinguish other minority groups. such as
Hispanics and Asians.

Tobacco face more quota cuts

LOUISVILLE. Ky. 7— Tobacco growers
could be hit by another double-digit cut in
production quotas next year, an agricultural
economist said yesterday Will Snell, a UK to
bacco economist, predicted that the quota for
flue-cured tobacco could drop by nearly 22
percent. Farmers in the burley tobacco belt
won‘t likely face such a drastic cut, but their
quota could fall by 10 percent to 15 percent.
Snell said while speaking at the Kentucky
Farm Bureau‘s annual convention. Quotas
are government allotments that dictate how
much leaf farmers can grow under a pro-
gram that also sets price controls. Marshall
Coyle. first vice president of the Kentucky
Farm Bureau. said most tobacco farmers
seemed resigned to another cut in produc-
tion. “But I think we‘re all still going to be
disappointed." he said. “It‘s one of those
things you hope maybe you can dodge the
bullet this time." The burley quota has been
cut nearly 60 percent since 1997. resulting in a

5%;
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dramatic drop in tobacco income. In 1%,
Kentucky tobacco cash receipts reached a
record $929 million. This year, tobacco in-
come will below $500 million, despite high
prices. Sne said. Kentucky is the nation’s
leading buriey producer: Snell based his pro
jectionsinpartonalOpercentdeclineinthe
amountofflue-curedtobaccothatthedomes-
tic tobacco companies intend to purchase
next year: Other factors in quota
aretobaccoexportsandtheamountd leaf in
surplus stocks. The purchase intentions for
flue-cured leaf are usually a good barometer
for gauging demand for burley tobacco, Snell
said. Cigarette makers won't reveal their
need for burley until next month.

Boy Mud, fled on can. school bus

PORTER, Okla. — A 16yearold boy was
stabbed to death on a school bus yesterday by
a fellow student, who was arrested after jump
ing out the rear door and running off, police
said. Investigators said they had not estab-
lished a motive for the slaying. A report on the
Web site of KTULTV of Tulsa, quoting school
Superintendent Jim Borin, said there had
been disputes between the boys, both of them
sophomores. At a news conference, however,
Borin and Oklahoma State Bureau of
Investigation deputy inspector Dennis
Franchini said they knew of no conflict
between the boys. “The information is sketchy
as to any prior relationship between the two,”
Franchini said. The killing took place aboard
a bus traveling down a rural road to Porter
High. ’Iien other students, ages 8 to 15, were
aboard. The victim was killed with a large
kitchen knife, authorities said. The boy sus-
pected in the killing was found hiding near a
pond about three miles away The boys’ names
were not released. Borin said counselors were
speaking with the other children. “It’s been a
pretty traumatic thing for those kids that were
on the bus,” he said. Donna Todd’s 15year-old
son, Jacob, was friends with the victim. “I just
think the world needs to pray for our town and
our children,” said 'Dodd, 37. “It’s sad. I don’t
think anybody meant to hurt anybody. It was
just kids getting carried away”

Congas: moves mil-spun

ASHINGTON — Congress yesterday
approved the first national effort to stem the
flood of unwanted email pitches offering pre
scription drugs, cheap loans and other come-
ons. President Bush has indicated he intends
to sign the measure into law. Indeed the White
House revamped its own email system this
summer over a flood of so-called spam.
Clogged inboxes have become a leading irrita-
tion among Internet users, an increasing busi-
ness expense for companies and a popular tar-
get for Washington interest before an election
year. The House voted without dissent to
approve slight changes Senate lawmakers
made to the “can spam” legislation, which
would outlaw the shadiest techniques used by
the Internet’s most prolific emailers, who

send tens of millions of messages each day.
{ammo rm n ma: REPORTS

 

 

Continued lrompaqel

willbeupheld.

“We feel very strongly
about our position," said
Walters. “We feel it's impor-
tant that (businesses) have
the choice to allow people to
smoke in their establish-
men

Both Stevens and Phil
Scott, an attorney for the
Lexington-Fayette Urban
County Government, cited
examples of other cities that
enforce smoking bans.

According to the data
that the Urban County Coun-
cil considered before passing
the ban, cities like Scotts-
dale, Ariz. and Toledo, Ohio
suffered no lasting negative
impact to businesses.

Walters emphasizes that
those other cities are not
Lexington.

“Based upon the clien-
tele that my clients have,
there would be a definite
negative impact to their
business,” Walters said.

Scott pointed out that
this is not merely a matter of
dollars.

“It’s a health-related

measure," Scott said. “Hope
fully this ban will protect
(students) in this area."

Scott calls the outcome
of tomorrow's decision “ex-
tremely important,” but the
appeals court may not even
enter into the equation in
the long run

On Friday the Urban
County Government attor-
neys filed a motion with the
Kentucky Supreme Court. If
the court agrees to hear the
case, the Kentucky Court of
Appeals will have no juris-
diction.

By lavv, the smoking ban
opponents have 30 days to ap
peal bringing the issue be
fore the Supreme Court un-
less the court agrees to hear
the case before their motion
is filed.

Meanwhile, both Scott
and Walters are upbeat
about the situation.

“It’s what a lawyer thor-
oughly enjoys doing," Scott
said. “We’re excited to have
the opportunity to represent
clients on this issue."

According to Walters,
the battle has been spirited
but not harsh.

“I’ve been impressed
with the strong feelings on
both sides." Walters said.

E—mail
dshqfa@jryka‘nel.com

 

-
PA'I'I'ON

Continued from page]

 

1974 to 1979, survived a fed-
eral investigation of al-
leged kickbacks on state in-
surance contracts.

In one of his last bits of
business, Patton commuted
the sentence of Death Row
inmate Kevin Stanford to
life without parole. Stan-
ford was 17 when he mur-
dered Baerbel Poore of
Louisville.

“We ought not be exe-
cuting people who, legally,
were children,” Patton said.

Part of the governor’s
office is following Patton
home to Pikeville. Patton

said Fletcher is giving the
desk and credenza from the
office to Pikeville College,
where Patton said he will
maintain a modest office.

Patton said he and first
lady Judi Patton had stayed
in a hotel since Saturday,
when they vacated the Ex-
ecutive Mansion. The Pat-
tons and Fletchers are to at-
tend church together this
morning and then the pub-
lic inauguration, after
which they will leave town
without a state police detail
for the first time in eight
years.

Patton said he had
bought a new Ford Explorer
for the occasion. He had not
yet driven it yesterday af-
ternoon.

“I’ll be driving it
home,” Patton said.

 

 

 

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 1 Scene

Derell Poore
Scene Editor

Phone: ZS'I-l9l5 | Email: doooreOlyhrneIxorn

 

KENTUCKY new. I TUESDAY. DECEMBER 9. 2003 I 3

 

 

If those who can, do;
those who teach, do too

Ivory Tower

out: ODIIIIS I xrnurtswr

Professor Cliff Jackson and doctoral student Jennifer Sgroe rehearse music from My Dear Marquis, composed by Johann Strauss.

It's a bird! It’s a plane! It's a forestry professor!
Teachers fill up spare time with hobbies

By Oarlusli Shafa
STAFF WRITER

When professors aren't
in front of classes teaching
or at their desks working,
they’re playing cards with
other professors, playing pi-
ano for world-famous opera
starlets and even jumping
out of airplanes.

‘ A small band of profes-
sors in the College of Agri-
culture meet up almost every
day at noon to play a friendly
game of Hearts. The game
may be friendly, but the com-

petition is fierce.

' Professors William Crist.
George Heersche. Luke Boa-
tright, James Jackson and
Clair Hicks, along with a few
graduate students and the oc-
casional visitor, take part in
a spirited competition. with
the number of players some-
times reaching an even
dozen.

“We get together to play
Hearts because it’s a break
from the grind. it's fun. and
we enjoy the camaraderie,"
Crist said.

“It gives you the oppor-
tunity to interact with your
colleagues in a non-threaten-
ing environment." Jackson
said.

Music professor Cliff

Jackson has been playing pi-
ano for over 43 years and has
tickled the ivories in Europe.
South America, Asia and
across the United States.

Jackson has played
pieces ranging from Gersh-
win's Rhapsody in Blue to
Handel's Messiah.

“It‘s great to play, partic-
ularly in Europe, where all
this music began," Jackson
said. “It’s a real spiritual ex-
perience."

From October 1995 to
June 1996, Jackson and
world-famous opera singer,
Kathleen Battle, performed
19 concerts across the coun-
try. Jackson has also per-
formed at Carnegie Hall in
New York City, the Kennedy
Center in Washington DC,
and the Teatro Colén in
Buenos Aires, Argentina.

“1 get nervous (in front
of large crowds), but I love
playing the piano,” Jackson
said. “I love playing music."

Currently Jackson also
works as a vocal coach in the
UK School of Music and has
held a fellowship at the pres—
tigious Juilliard School for
the Arts in New York City.

When he’s not teaching
at UK, Jackson is a coach for
the Wesley United Methodist

Church Choir in Lexington.

Forestry professor David
Wagner takes his fun to ex-
treme heights.

He has been skydiving
for 14 years and has used his
teaching ability to help oth-
ers learn to have fun while
falling.

Wagner began skydiving
in 1975 and continued for 13
years.

In 1988, he hung up his
parachute with over 1,000
jumps to his credit.

This year he picked it
back up and started skydiv—
ing again.

“It provides so much fo-
cus." Wagner said. “It feels
like you’re flying when
you're in free fall."

It hasn't been all fun and
games for Wagner. though.

Skydiving has its risks.
Wagner has had to use his re-
serve parachute after his
main parachute has failed to
open five different times.

But those five times out
of over a thousand have not
failed to diminish his enthu-
siasm for the extreme sport.
and he encourages people to
give it a try.

“You don‘t know what
you‘re missing." Wagner
said.

It gives
you the
opportu-
nity to
interact
with your
colleagues
in a non-
threaten-
ins
environ-
ment. ”

— Professor James

Jackson.
Hearts player

Email
dshafalwkykernelrom

 

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Osbourne hurt after

Ozzy Osbourne was injured in an accident yesterday,
underwent emergency surgery for broken bones

issocurro PRESS

LOS ANGELES — Ozzy
Osbourne was seriously in-
jured yesterday in an accident
on the grounds of his estate
in England and underwent
emergency surgery, a spokes-
woman said.

The 55-year-old rock star
Iwas riding a “quad bike." or
all-terrain vehicle. on his
Buckinghamshire property
when the accident occurred,
according to publicist Cindy
Guagenti.

' His injuries were not con-
sidered to be life-threatening.
she said.

An examination showed
Osbourne broke his collar-
bone, six ribs and a vertebra
in his neck. according to Gua-
genti. He was in surgery yes-
terday evening at an undis-
closed English hospital.

' The operation was in-
tended to lift the collarbone,
Which was believed to be rest-
ing on a major artery and in-
terrupting blood flow to his
arm. Surgeons also were try-
ing to stem “some bleeding
into his lungs." Guagenti
said.

. Osbourne was taking a
day off from promoting the
United Kingdom release of
Changes. a duet with his
daughter; Kelly when the acci-

. \

dent occurred.

Guagenti’s office said no
further information was im-
mediately available.

The Osbournes, the MTV
reality show featuring the
rocker, wife Sharon and their
children, started production
about a month ago on its third
season, scheduled to begin
Jan. 13.

It was not immediately
known how the accident
would affect production or
how or whether it might be
included in the series, an
MTV spokeswoman said yes-
terday.

On Saturday, a story on
the Los Angeles Times Web
site reported Osbourne’s
claim that he was overpre-
scribed a variety of powerful
anti-psychotic and tranquiliz-
ing drugs by a Beverly Hills
doctor.

Osbourne said he devel-
oped a 42-pin per day habit
that accounted for his odd be-
havior on the hit MTV show,
including scenes in which Os-
bourne was seen mumbling,
falling and appearing disori-
ented.

Last month. Osbourne
told a British newspaper he'd
been sexually molested as a
child and suffered emotional
effects from the abuse long
into adulthood.

accident in England

ASSOCIATED PRESS

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The Campus Calendar is produced by the Office of Student Actrvmes Registered Student Orgs
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iUiSDAY, DICLMBIR 9, 2003 l KENTUCKY KERNEL

4 .

  

MUMMY

DIALOGUE

I've beenjmpressed with the strong feelings

on both Sides."

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THINGS I LEARNED AT uK
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Hey, Mommy and Daddy:
Fight my battles for me!

Tell your parents to watch their mailboxes!
Soon, they might be getting a postcard in the
mail, encouraging them to join College Parents of
America. This new organization is poised to be-
come as big as AARP in their lobbying power in
Congress on college issues like campus safety, fi-
nancial aid and the ever-popular tuition increas-
es. Tell your parents to join today!

OK, seriously, the College Parents of America
is a new organization started this summer that is
trying to recruit parents of college students
across the nation. The objective is clear: become a
powerful lobbying group in Congress to push col-
lege issues to the forefront of the national agenda.

Every college campus has a parents’ associa-
tion that keep parents informed of campus events
and such. Some are more active than others. For
example, at West Virginia University, the parents’
association arranged for a shuttle service to go
from Morgantown, W.Va., to Pittsburgh Interna-
tional Airport. At Oklahoma State University, an
arrangement was made with local auto shops to
give free tune-ups to students over long holiday
breaks.

A national lobby would take college issues to a
larger level. Tuition increases hit parents in the
pocketbook, especially when it comes time to pay
the bill. With a voice in the ear of Congress, par-
ents can help their children get through college

debt-free or with as little debt as possible.

Other issues that College Parents of America
will tackle are education programs for students
about credit card abuse, substance abuse and sui-
cide prevention on campuses.

Many parents drop their kids off at school,
give them a check and wave goodbye until the
next holiday. Sometimes it works well that way.
College students need to learn responsibility and
how to live on their own. But on some issues, stu-
dents do not have a strong enough voice.

The recent tuition increase battle is a perti-
nent example. Students need back up when they
need help with political battles. Students, while
inexperienced, are still adults and need to have a
say in financial processes. After all, we spend
money too — but our parents spend more money,
and therefore, have more of a voice in determin-
ing where the money goes.

Some might see this as students getting their
mommies and daddies to fight their battles for
them. That may be the case, but when the parents
foot the bill and universities keep upping the
price, students and parents need to stick together
and work on a fair and balanced solution to high-
er education.

Msmmymhiuieteduddaiitflorthcwlnasute
University).

Editorial Board

Andrea Uhde, Editor in chief

Josh Sullivan, Dialogue editor

Sara Cunningham. Managing editor
Paul Leightty, Asst. Dialogue editor

 
    

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WesBievirrsStaflcoluninist
ArvieBornschein.Copydeslicliiei

 

    

Rushed legislation
will subvert popular
labor, media rules

President Bush and the GOP leader-
ship are suddenly pushing through Con-
gress the biggest spending bill in histo-
ry, the $820 billion “Omnibus” bill. In
this bill are two hidden clauses that re-
verse important victories on which the
voices of millions of Americans were
heard: protecting overtime pay and
stopping media consolidation.

You see, the Republicans have this
thing about speeding bills through so
people cannot have the time to digest
what is in them. They did it in Colorado
and Texas and were successful at it so
they keep doing it.

People should know the truth about the GOP’s under-
handed reasons for rushing this bill.

Hidden Clause No. 1: The GOP is trying to erode the
40-hour work-week by stripping away overtime pay pro-
tection for millions of American workers. Truth of the
matter is, cutting overtime pay would transfer tens of bil-
lions of dollars from paychecks of the hardest-working
American families to the pockets of Bush and GOP
friends an