Emanuel explores Midway privatization









Mayor Rahm Emanuel's administration will explore the possibility of privatizing Midway Airport but will take a shorter-term, more tightly controlled approach than was employed by former Mayor Richard Daley's team on the city's first go-round.

Chicago's last try, a 99-year lease that would have brought in $2.5 billion, died in 2009 when the financial markets froze up.

The city's latest intentions are expected to be formally announced Friday, ahead of a Dec. 31 deadline for deciding whether to retain a slot for Midway in the Federal Aviation Administration's airport privatization pilot program. The city put off this decision several times previously.

The move, preliminary as it is, is sure to be politically charged, given the anger over the way Daley's 75-year parking meter privatization deal has played out, with proceeds used to plug operating deficits and meter rates rising sharply.

With that historical backdrop, Emanuel is suggesting a more conservative approach. It includes a shorter-term lease of less than 40 years; a "travelers' bill of rights" aimed at ensuring any changes will benefit passengers; and a continuing stream of revenue for the city, giving it a shot to capture some growth.

And unlike the parking meter and Chicago Skyway lease deals, a new Midway transaction would not allow proceeds to be used to plug operating deficits or to pay for operations in any way, Emanuel said in an interview Thursday.

"I will not let the city use it as a crutch to not make the tough decisions on the budget," he said.

But while a shorter lease and greater city control may play well locally, those sorts of terms may not appeal to investors, experts said in interviews this month.

"The shorter the lease term, the lower the bid prices are going to be — that's just the math," said Steve Steckler, chairman of the Infrastructure Management Group, a Bethesda, Md.-based company that advises infrastructure owners and operators. "I'd be shocked if investors offered more than $2 billion for a 40-year lease," Steckler said.

Emanuel said: "Nobody knows until you talk to people. … I'm the mayor and I'm not agreeing to … 99 years. I'm saying it's either 40 years or less." His office has not offered an estimate of what such a deal could bring in, saying it would be premature.

"No final decisions have been made, but we can't make a decision until we evaluate fully if this could be a win for Chicagoans," Emanuel said.

A private operator would take over management of such revenue-producing activities as food, beverage and car rental concessions and parking lots. The FAA would continue to provide air traffic control, while the Transportation Security Administration would continue to provide security operations. The city would retain ownership.

Few details were provided about how privatization would affect travelers and Midway employees. Emanuel said specifics will emerge over time.

By year's end, the city will send the FAA a preliminary application, a timetable and a draft "request for qualification," a document the city will put out early next year to identify qualified bidders for the project. A review of the potential bidders will be conducted in the spring.

Last year, Emanuel expressed hesitation in pursuing a private lease for Midway unless a careful vetting process was in place, saying taxpayers were correct to be wary, given the city's history.

The evaluation process will be deliberate and open to public view, he said Thursday.

He pledged to create a committee of business, labor and civic leaders that will provide updates to the public on a regular basis and that will select an independent adviser to vet the transaction. The committee will deliver a report to the City Council, and there will be a 30-day review period before any vote.

"I set up a different process and a different set of principles that stand in stark contrast to what was discussed or done in the past," Emanuel said.

The FAA pilot program frees cities from regulations that require airport revenue to be used for airport purposes. It allows money to be withdrawn for other uses.

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Police release photos of man suspected in Rogers Park rape




















Police search for man wanted for assault. (WGN - Chicago)
















































Police have released photos of a man suspected of grabbing a woman off the street in the Rogers Park neighborhood and sexually assaulting her in a construction area near the CTA Morse station.

The woman, 50, told police she was walking south on Glenwood around 5:45 a.m. Wednesday when a man wearing a mask grabbed her by the throat near the entrance to the station, according to the police report.

As she screamed, the man dragged her into a construction area and assaulted her, threatening to "snap her neck" if she screamed again, police said.

The woman said she saw a worker at the site and ran toward him as the attacker fled with the woman's clothes and purse, according to the police report. The items were later found in an alley and on the roof of a nearby garage.

Police released surveillance photos of the suspect Wednesday night and asked anyone with information to call 312-744-8200.


chicagobreaking@tribune.com


Twitter: @chicagobreaking







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Facebook predicted to overtake Google in mobile display ad revenue this year






Shares of Facebook (FB) have begun to rebound since the company’s disastrous initial public offering this past May. After opening at $ 38 per share the company’s stock plummeted into the mid-20s over the summer months and eventually fell to a low of $ 17.55 in early September. Since then, however, Facebook shares have begun to bounce back after the company posted better-than-expected results in the third quarter. While Facebook stock is still down more than 25% on the year, it is rising steadily as analysts and investors become increasingly bullish about the company’s future as a leading advertising platform.


[More from BGR: BlackBerry 10 browser smokes iOS 6 and Windows Phone 8 in comparison test [video]]






According to a new report from eMarketer, Facebook is predicted to surpass Google (GOOG) in mobile display advertising in 2012. Google is expected to generate $ 339 million in mobile ad revenue this year, a significant increase from previous estimates of between $ 45 and $ 100 million. The research firm notes that Facebook is expected to capture an 18.4% share of the mobile display ad market in the U.S. this year, compared to Google’s 17% share, which is down from 23% in 2011.


[More from BGR: New iMac early adopters upset that they can’t run Boot Camp]


“Major ad publishers are strengthening their offerings much faster than previously expected,” said Clark Fredricksen, vice president of communications at eMarketer. “I don’t think anybody thought after the second quarter that Google and Facebook would be in position that they are now in the mobile ad marketplace.”


The company’s mobile ad revenue is expected to more than triple by 2014 when it will reach an estimated $ 1.2 billion. The firm predicts that Facebook and Google will continue to battle for the No.1 spot in the mobile ad market over the next few years. Facebook is expected to increase its lead to 25.2% in 2013, compared to Google’s 19.6% share. Google is estimated to bounce back in 2014, however, with a market leading 23.1% share, ahead of Facebook’s 22.7% share.


Despite the impressive numbers, eMarketer notes that mobile still represents a small slice of the total advertising market. In 2012, only 2.4% of total ad spending in the U.S. is expected to go towards mobile ads, but the market is expected to reach an 11% share by 2016 when it surpasses both radio and print spending.


This article was originally published by BGR


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Thousands mourn U.S.-Mexican singer Jenni Rivera






LOS ANGELES (Reuters) – Thousands of mourners on Wednesday packed a Los Angeles theater to pay their final respects to Mexican-American singer Jenni Rivera more than a week after her death in a plane crash.


Rivera, 43, best known for her work in the Mexican folk Nortena and Banda genres, died after the small jet she was traveling in crashed in northern Mexico on December 9.






Rivera’s family, dressed in white, led the memorial service eulogizing the singer. A bank of white roses was displayed in front of Rivera’s bright red coffin and a brass band performed musical interludes.


More than 6,000 people crowded into the theater about 30 miles north of her childhood home in Long Beach, California. Tickets for the service at the Gibson Amphitheatre sold out within minutes, organizers said.


The daughter of Mexican immigrants, Rivera was called the “Diva de la Banda.” She sold about 15 million albums and earned a slew of Latin Grammy nominations during her 17-year career.


“Jenni made it OK for women to be who they are,” her manager Pete Salgado said at the service. “Jenni also made it OK to be from nothing, with the hopes of being something.”


Rivera had five children, the first at age 15, and was married three times. Her third husband was baseball pitcher Esteban Loaiza. Rivera’s private life influenced her songs, which often referenced living through hardship.


“She’s a fighter and she knows it’s in all of us,” Rivera’s son Michael said between video tributes.


In recent years, Rivera branched out into television, appearing on a reality television show and serving as a judge on the Mexican version of the singing competition “The Voice.” Television broadcaster ABC was reported to be developing a comedy pilot for the singer.


Rivera’s plane crashed in mountains south of Monterrey killing all seven on board.


The singer was to perform in the city of Toluca, 40 miles southwest of Mexico City, in central Mexico after a concert in Monterrey. It is not clear what caused the crash.


(Reporting by Eric Kelsey; Editing by Stacey Joyce)


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Female Vaccination Workers, Essential in Pakistan, Become Prey





LAHORE, Pakistan — The front-line heroes of Pakistan’s war on polio are its volunteers: young women who tread fearlessly from door to door, in slums and highland villages, administering precious drops of vaccine to children in places where their immunization campaign is often viewed with suspicion.




Now, those workers have become quarry. After militants stalked and killed eight of them over the course of a three-day, nationwide vaccination drive, the United Nations suspended its anti-polio work in Pakistan on Wednesday, and one of Pakistan’s most crucial public health campaigns has been plunged into crisis. A ninth victim died on Thursday, a day after being shot in the northwestern city of Peshawar, The Associated Press reported.


The World Health Organization and Unicef ordered their staff members off the streets, while government officials reported that some polio volunteers — especially women — were afraid to show up for work.


At the ground level, it is those female health workers who are essential, allowed privileged entrance into private homes to meet and help children in situations denied to men because of conservative rural culture. “They are on the front line; they are the backbone,” said Imtiaz Ali Shah, a polio coordinator in Peshawar.


The killings started in the port city of Karachi on Monday, the first day of a vaccination drive aimed at the worst affected areas, with the shooting of a male health worker. On Tuesday four female polio workers were killed, all gunned down by men on motorcycles in what appeared to be closely coordinated attacks.


The hit jobs then moved to Peshawar, the capital of Khyber-Pakhtunkhwa Province, which, along with the adjoining tribal belt, constitutes Pakistan’s main reservoir of new polio infections. The first victim there was one of two sisters who had volunteered as polio vaccinators. Men on motorcycles shadowed them as they walked from house to house. Once the sisters entered a quiet street, the gunmen opened fire. One of the sisters, Farzana, died instantly; the other was uninjured.


On Wednesday, a man working on the polio campaign was shot dead as he made a chalk mark on the door of a house in a suburb of Peshawar. Later, a female health supervisor in Charsadda, 15 miles to the north, was shot dead in a car she shared with her cousin.


Yet again, Pakistani militants are making a point of attacking women who stand for something larger. In October, it was Malala Yousafzai, a schoolgirl advocate for education who was gunned down by a Pakistani Taliban attacker in the Swat Valley. She was grievously wounded, and the militants vowed they would try again until they had killed her. The result was a tidal wave of public anger that clearly unsettled the Pakistani Taliban.


In singling out the core workers in one of Pakistan’s most crucial public health initiatives, militants seem to have resolved to harden their stance against immunization drives, and declared anew that they consider women to be legitimate targets. Until this week, vaccinators had never been targeted with such violence in such numbers.


Government officials in Peshawar said that they believe a Taliban faction in Mohmand, a tribal area near Peshawar, was behind at least some of the shootings. Still, the Pakistani Taliban have been uncharacteristically silent about the attacks, with no official claims of responsibility. In staying quiet, the militants may be trying to blunt any public backlash like the huge demonstrations over the attack on Ms. Yousafzai.


Female polio workers here are easy targets. They wear no uniforms but are readily recognizable, with clipboards and refrigerated vaccine boxes, walking door to door. They work in pairs — including at least one woman — and are paid just over $2.50 a day. Most days one team can vaccinate 150 to 200 children.


Faced with suspicious or recalcitrant parents, their only weapon is reassurance: a gentle pat on the hand, a shared cup of tea, an offer to seek religious assurances from a pro-vaccine cleric. “The whole program is dependent on them,” said Mr. Shah, in Peshawar. “If they do good work, and talk well to the parents, then they will vaccinate the children.”


That has happened with increasing frequency in Pakistan over the past year. A concerted immunization drive, involving up to 225,000 vaccination workers, drove the number of newly infected polio victims down to 52. Several high-profile groups shouldered the program forward — at the global level, donors like the Bill and Melinda Gates Foundation, the United Nations and Rotary International; and at the national level, President Asif Ali Zardari and his daughter Aseefa, who have made polio eradication a “personal mission.”


On a global scale, setbacks are not unusual in polio vaccination campaigns, which, by dint of their massive scale and need to reach deep inside conservative societies, end up grappling with more than just medical challenges. In other campaigns in Africa and South Asia, vaccinators have grappled with natural disaster, virulent opposition from conservative clerics and sudden outbreaks of mysterious strains of the disease.


Declan Walsh reported from Lahore, and Donald G. McNeil Jr. from New York. Ismail Khan contributed reporting from Peshawar, Pakistan.



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Intercontinental to pay $8.2B for NYSE









The IntercontinentalExchange has agreed to buy rival exchange NYSE Euronext for $8.2 billion, as it moves to create one of the top futures markets in Europe and position the combined group to challenge arch rival CME Group.

The two exchanges said in an emailed statement on Thursday ICE had agreed to pay $33.12 a share for NYSE Euronext made up of one third cash and two thirds ICE shares.

NYSE Euronext shares were up more than 30 percent on the news while IntercontinentalExchange Inc. shares reversed earlier declines and were recently up more than 2 percent.

The multi-billion dollar deal designed to push it into the big league of European derivatives and take on arch rival CME Group.

ICE may consider a spin-off or sale of NYSE's stock markets, a source told Reuters. As well as the 200-year old New York exchange, the NYSE also owns bourses in Paris, Amsterdam, Brussels and Lisbon.

"We can't exclude any option at this stage. It's all down to what regulators will require to get the deal approved, and to the timeframe they will give ICE to meet these targets," a source familiar with the situation told Reuters, adding that a deal was expected to be announced later on Thursday.

ICE has proposed buying NYSE, which also owns derivatives market Liffe, for $33 per share, a 37 percent premium to its Wednesday closing price, CNBC said.

One-third of the deal would be funded by cash and the rest in stock, the source confirmed.

NYSE and ICE representatives declined to comment.

Analysts said a deal would give Atlanta-based ICE a strategic boost with control of Liffe, Europe's second-largest derivatives market, helping it compete against U.S.-based CME Group Inc., owner of the Chicago Board of Trade.

"ICE is after Liffe, that is the crown jewel of NYSE Euronext. ICE could potentially sell the U.S. and European equities business, but could struggle to find a buyer. A spin-off of this business could be more likely," said Peter Lenardos, analyst at RBC Capital Markets.

"Strategically it makes sense for ICE to enter the European derivatives space in a meaningful way, but paying $10 billion -- with debt -- to do so sounds generous for NYSE shareholders and expensive for ICE shareholders.

At the close of trading on Wednesday, NYSE was worth about $5.8 billion, indicating that ICE may be willing to pay roughly $8 billion for the owner of the world's largest stock market.

NYSE shares jumped 12 percent in after-hours trading to $26.96. ICE shares rose 3.1 percent to $132.32.

REGULATORY THUMBS-UP

An ICE-NYSE Euronext tie-up would leap-frog Deutsche Boerse to become the world's third-largest exchange group with a combined market value of $15.2 billion. CME Group, ICE's largest U.S.-based rival, has a market value of $17.5 billion, Thomson Reuters data shows.

Hong Kong Exchanges and Clearing is the world's largest exchange group with a market capitalization of $19.5 billion.

ICE's main operations are in energy futures trading and unlike NYSE Euronext, it has steered clear of stocks and stock-options trading, so there is not much business overlap between the two groups, making it more likely competition authorities would approve a tie-up.

Last year, the U.S. Justice Department blocked a $11 billion joint hostile bid by ICE and Nasdaq OMX Group for NYSE Euronext on concerns the tie-up would dominate U.S. stock listings.

If that bid had succeeded, ICE planned to buy NYSE Euronext derivatives business while Nasdaq would have taken control of the stock exchanges.

A rival $9.3 billion bid by German exchange operator Deutsche Boerse also ran afoul of regulators.

"I doubt the competition authorities will have a problem with it, there's only a modest overlap between the businesses," said Richard Perrott, an analyst at Berenberg Bank.

"The rationale for the deal will be the same as that with Deutsche Boerse -- migrate the clearing of Liffe derivatives to ICE's services in London and scale up to attract OTC (Over The Counter) derivatives clearing. There could be more than $300 million in cost savings in the deal."

Before the latest ICE offer emerged, NYSE Euronext's shares had fallen by nearly a third since ICE and Nasdaq launched their thwarted joint bid.

The New York Stock Exchange, known as the Big Board and the symbol of U.S. capitalism, has seen its clout fade as new technology and the rise of private trading venues run by Wall Street banks and brokers cut its margins.

Founded in 2000 as a U.S. electricity trading platform backed by Wall Street banks and energy traders, ICE is the product of a string of acquisitions, from the London-based International Petroleum Exchange in 2001 through the New York Board of Trade and, most recently, a handful of smaller deals, including a climate exchange and a stake in a Brazilian clearing house.

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FBI offering $50,000 for help in capturing prison escapees








The FBI is offering a $50,000 reward for information leading to the capture of two convicted robbers who rappelled down the side of a high-rise federal jail in the South Loop, scurrying some 15 floors to freedom on a rope made of bedsheets.

The FBI announced the reward in a brief statement this morning. It said anyone with information can call 312-421-6700.


The daring, carefully planned escape from the Metropolitan Correctional Center Tuesday by Joseph "Jose" Banks and Kenneth Conley shocked federal law enforcement officials who scrambled to find the two violent bank robbers on a desperate run.

FBI spokeswoman Joan Hyde says there are no developments to report this morning. "Unfortunately, we don't have any new news," she said. "Our focus is still primarily on the Chicago metropolitan area."


The hulking federal jail with its narrow slits for windows has defied escape attempts. This marked only the second successful one and the first in almost three decades. Just three years ago, however, a brother of a famous Hollywood director was caught with 31 feet of roped bedsheets in his cell.

The two escapees made for memorable bank robbers — Banks for his goofy disguises and Conley for flaunting his cash loot a short time later at the strip club where he worked.

Banks and Conley were present for a 10 p.m. check Monday, but by 7 a.m., MCC employees arriving for work saw the crudely wrapped rope dangling on the south side of the building, still swinging in the wind.

Guards found the window in their cell broken and the makeshift rope tied to its bars, federal authorities revealed late Tuesday in filing escape charges against the pair. Numerous articles of clothing and sheets were piled under a blanket in both their beds to make it appear they were asleep for the standard overnight bed checks.

In addition, authorities found metal bars from the window in a mattress as well fake bars in the cell, suggesting the two had gone to some lengths to cover their tracks as they prepared their escape.

But exactly how Banks and Conley slipped through a window just 5 inches wide was not immediately clear.

"You've got to be a contortionist to pull that one off," said Scott Fawell, a top aide of convicted former Gov. George Ryan. Fawell spent about eight months at the MCC for corruption.

However, one law enforcement source said Banks and Conley may have removed a cinder block from beneath the window to make a bigger opening to slip out.

The jail, at 71 W. Van Buren St., was placed on lockdown after the break was discovered and visits with inmates were canceled, according to several criminal defense attorneys who had planned to meet with clients. The facility, which is operated by the U.S. Bureau of Prisons, opened in 1975 and houses about 700 inmates.

Conley and Banks were last seen in suburban Tinley Park and are believed to be together. Banks, 37, was described as black, 5 feet 8 inches tall and weighing 160 pounds, while Conley, 38, is white, 6 feet and 185 pounds.

Banks could have as much as $500,000 stashed away, according to testimony at his trial. He stole a combined $589,000 in two robberies, but only about $80,000 had been recovered or accounted for through Banks' purchases, prosecutors said.

The FBI called Banks one of the most prolific bank robbers in Chicago history, saying at the time of his arrest in 2008 that he was suspected in about 20 heists. However, he was charged in only two bank robberies and two attempted holdups. A jury convicted him on all counts last week.

An aspiring clothes designer, Banks was caught on bank surveillance tapes in 2007 and 2008 jumping bank counters and directing employees to empty vaults while wearing a fake beard. He was dubbed the Second Hand Bandit because of the discount clothing he wore during the robberies.

On the day he was scheduled to go to trial in late October, Conley abruptly pleaded guilty to robbing a Homewood bank in 2011 while brandishing a pistol and threatening a teller.

"If you don't give (the money) to me, I will put them in your head," he allegedly said.

Conley then went to the Chicago Heights strip club where he worked while still dressed in the black suit and white tie he wore during the holdup, flashing cash around, prosecutors alleged. He paid off a $400 debt before telling co-workers he was jetting off to Bermuda, according to the charges.

Conley, incarcerated at the MCC since October 2011, faces a maximum 20 years, while Banks, who has been in custody since 2008, could be hit with an 80-year sentence. An escape conviction carries a maximum penalty of five years in prison.

Early in the day the search for the duo zeroed in on Tinley Park, where Conley lived and where the two had last been spotted, authorities said. SWAT teams searched the home of a Conley relative, but the investigators missed the two by a few hours, authorities said.

Helicopters hovered above the southwest suburb and streets were blocked by police squads as the search continued. The SWAT team walked the nearby streets with dogs as neighbors followed behind, snapping pictures with their phones. About two blocks down, the officers searched the Metra stop.

In the wake of the deadly school shooting in Newtown, Conn., Tinley Park officials notified local schools and dispatched police officers to school buildings closest to where the search was under way.

Federal and local law enforcement also charged into Conley's old strip club, Club 390, surprising staff and patrons, in an attempt to find him, staff said.

FBI agents first showed up at the Chicago Heights club early Tuesday morning, hours before its 11 a.m. opening. The agents questioned an employee who told them she hadn't seen Conley, staff said.

Sheriff's deputies returned around 1 p.m., bursting into the club in police gear and scattering the lunch crowd, employees said. A few officers questioned staff and searched the building, including the dancers' dressing room and women's bathroom. Plainclothes officers remained seated in the darkness at the periphery of the stage around 3 p.m.

A mug shot of Conley was posted near the cash register at the bar.

Authorities were chasing numerous tips into the night Tuesday, but the search so far remained focused on Chicago and the suburbs.

A woman who answered at the home of a relative of Conley said the day's events were "very upsetting for everyone" and declined further comment.

The Banks family learned of the escape while watching the morning news, said Banks' cousin, Theresa Ann Banks, who pleaded for her cousin to turn himself in.

"I just don't want to see him get hurt or killed," she said in a shaky voice. "(The family) is trying to hold themselves together. We just have to have faith in God and hope everything goes right."

Banks represented himself at the trial, challenging U.S. District Judge Rebecca Pallmeyer so much that he was briefly strapped into a restraint chair during the trial. In court filings, he identified himself as "Joseph Banks-Bey," a Moorish national, and made legal filings defying the court's jurisdiction.

He offered a long, rambling closing that Pallmeyer finally cut off because Banks would not stop making wild accusations that the government had "trumped" up the charges and rigged photo lineups in the case.

The law enforcement source said security had been stepped up for Pallmeyer and the prosecutors involved in Banks' trial.

Tribune reporter Adam Sege contributed.






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Facebook CEO Zuckerberg donating $500M in stock






SAN FRANCISCO (AP) — Facebook CEO Mark Zuckerberg said he is donating nearly $ 500 million in stock to a Silicon Valley charity with the aim of funding health and education issues.


Zuckerberg donated 18 million Facebook shares, valued at $ 498.8 million based on their Tuesday closing price. The beneficiary is the Silicon Valley Community Foundation, a nonprofit that works with donors to allocate their gifts.






This is Zuckerberg’s largest donation to date. He pledged $ 100 million in Facebook stock to Newark, N.J., public schools in 2010, before his company went public earlier this year. Later in 2010, he joined Giving Pledge, an effort led by Microsoft Corp. founder Bill Gates and Berkshire Hathaway Inc. CEO Warren Buffett to get the country’s richest people to donate most of their wealth. His wife, Priscilla Chan, joined with him.


In a Facebook post Tuesday, Zuckerberg, 28, said he’s “proud of the work” done by the foundation that his Newark donation launched, called Startup: Education, which has helped open charter schools, high schools and others.


With the latest contribution, he added, “we will look for areas in education and health to focus on next.” He did not give further details on what plans there may be for funds.


“Mark’s generous gift will change lives and inspire others in Silicon Valley and around the globe to give back and make the world a better place,” said Emmett D. Carson, CEO of the foundation.


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“Best Funeral Ever” premiere delayed after Newtown school shootings






LOS ANGELES (TheWrap.com) – Fans of death-centric reality TV will have to wait a little longer to dig into TLC‘s “Best Funeral Ever.”


TLC has pushed back the premiere of the special to January 6 at 10/9c in light of the school shootings in Newtown, Conn. last week.






“Best Funeral Ever” was initially scheduled to premiere on December 26 at 8/7c.


“Best Funeral Ever” centers around the Golden Gate Funeral Home in Dallas, which specializes in elaborate specialty funerals catering to the deceased’s interest. In the special, a doo-wop singer famous for his rib-sauce jingle receives a barbecue-themed sendoff, while a disabled man who was unable to ride roller coasters in mortal life receives a State Fair-themed funeral.


Since last Friday’s horrific shootings, a number of programs and other entertainment-related events have been moved out of sensitivity. Syfy, for one, decided not to air its scheduled episode of “Haven” on Friday night, because it contained elements of fictionalized school violence.


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Lawyer Says Ritual Circumcision Is Protected Activity





A lawyer for Orthodox Jewish groups asked a federal judge on Tuesday to throw out a New York City regulation requiring parents to sign a consent form before their infant sons undergo a form of Jewish ritual circumcision in which the circumciser uses his mouth to remove blood from the incision.




The lawyer, Shay Dvoretzky, said the practice, which is prevalent in parts of the ultra-Orthodox community, is a constitutionally protected religious activity. He said that requiring ritual circumcisers, known collectively as mohelim, to be involved in conveying the city’s perspective on the procedure would infringe upon their rights of free speech.


“That lies at the heart of First Amendment protection,” Mr. Dvoretzky said.


But a lawyer for the city argued that the regulation was necessary and that the practice most likely caused 11 herpes infections in infants between 2004 and 2011. Two of the infected babies died; at least two others suffered brain damage.


“The health department is not looking at the religion in determining what to do about this conduct,” said Michelle L. Goldberg-Cahn, a lawyer for the city. “The city is looking at the conduct.”


The Orthodox groups, including Agudath Israel of America and the Central Rabbinical Congress, sued the city in October to block the regulation, which was approved by the New York City Board of Health in September but is suspended until a ruling is issued in this case. The groups say that the procedure is safe and that the city has not definitively linked infections to the practice.


Infectious disease experts, several of whom filed briefs in support of the regulation, widely agree that the oral contact, known in Hebrew as metzitzah b’peh, creates a risk of transmission of herpes that can be deadly to infants because of their underdeveloped immune systems.


On Tuesday, Judge Naomi Reice Buchwald, of Federal District Court in Manhattan, heard oral arguments in the case, one that pits the sanctity of ancient religious rituals against the rigors of both modern medicine and secular government regulation. She said her decision would come within a few weeks.


Her sharpest inquiries were directed at Mr. Dvoretzky, the lawyer for the Orthodox groups.


She raised a hypothetical situation in which a single religious group amputates left pinkie fingers at birth, and asked Mr. Dvoretzky whether the city would have the authority to regulate the activity. He said it would depend upon whether the practice caused immediate, serious harm.


Judge Buchwald also said there was a direct comparison to consent requirements placed on physicians when they perform a circumcision.


Mr. Dvoretzky called that an “apples and oranges” comparison, because a physician would not perform a metzitzah b’peh.


“Wait a second,” Judge Buchwald interrupted. “They can’t perform any circumcision without consent. It’s a surgery.”


Mr. Dvoretzky said the city should undertake a broad education campaign, to prevent all infant herpes infections.


But Judge Buchwald said such a campaign would have little impact, because the risk of infections is medically well-known.


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