Critics seek to delay NYC sugary drinks size limit

NEW YORK (AP) — Opponents are pressing to delay enforcement of the city's novel plan to crack down on supersized, sugary drinks, saying businesses shouldn't have to spend millions of dollars to comply until a court rules on whether the measure is legal.

With the rule set to take effect March 12, beverage industry, restaurant and other business groups have asked a judge to put it on hold at least until there's a ruling on their lawsuit seeking to block it altogether. The measure would bar many eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces.

"It would be a tremendous waste of expense, time, and effort for our members to incur all of the harm and costs associated with the ban if this court decides that the ban is illegal," Chong Sik Le, president of the New York Korean-American Grocers Association, said in court papers filed Friday.

City lawyers are fighting the lawsuit and oppose postponing the restriction, which the city Board of Health approved in September. They said Tuesday they expect to prevail.

"The obesity epidemic kills nearly 6,000 New Yorkers each year. We see no reason to delay the Board of Health's reasonable and legal actions to combat this major, growing problem," Mark Muschenheim, a city attorney, said in a statement.

Another city lawyer, Thomas Merrill, has said officials believe businesses have had enough time to get ready for the new rule. He has noted that the city doesn't plan to seek fines until June.

Mayor Michael Bloomberg and other city officials see the first-of-its-kind limit as a coup for public health. The city's obesity rate is rising, and studies have linked sugary drinks to weight gain, they note.

"This is the biggest step a city has taken to curb obesity," Bloomberg said when the measure passed.

Soda makers and other critics view the rule as an unwarranted intrusion into people's dietary choices and an unfair, uneven burden on business. The restriction won't apply at supermarkets and many convenience stores because the city doesn't regulate them.

While the dispute plays out in court, "the impacted businesses would like some more certainty on when and how they might need to adjust operations," American Beverage Industry spokesman Christopher Gindlesperger said Tuesday.

Those adjustments are expected to cost the association's members about $600,000 in labeling and other expenses for bottles, Vice President Mike Redman said in court papers. Reconfiguring "16-ounce" cups that are actually made slightly bigger, to leave room at the top, is expected to take cup manufacturers three months to a year and cost them anywhere from more than $100,000 to several millions of dollars, Foodservice Packaging Institute President Lynn Dyer said in court documents.

Movie theaters, meanwhile, are concerned because beverages account for more than 20 percent of their overall profits and about 98 percent of soda sales are in containers greater than 16 ounces, according to Robert Sunshine, executive director of the National Association of Theatre Owners of New York State.

___

Follow Jennifer Peltz at http://twitter.com/jennpeltz

Read More..

Arias' Underwear, T-Shirt Shown at Murder Trial

A woman's T-shirt emblazoned with the possessive "Travis Alexander's" and a pair of pink panties with the word "Travis'" on the front hint at the controlling nature and abusive attitude that existed between Alexander and Jodi Arias in the months before she killed him, defense attorneys said today.

Defense attorneys also questioned porn on Travis Alexander's computer during today's testimony.

Arias is accused of murder for Alexander's death, but her defense attorneys claim she killed him in self defense because he was an abusive and controlling "sexual deviant." The pair dated for a year before breaking up, but continued to have a sexual relationship for another year until Alexander's death.

The photo of the T-shirt and panties were found on Arias' camera in July 2008, more than a month after Arias killed Alexander on June 4.

"The photo of 'Travis Alexander's' and 'Travis', both written in the possessive form, will be relied on by our experts discussing the controlling nature of the relationship (between Alexander and Arias), the possessive nature of the relationship, and what that does to a woman," defense attorney Jennifer Willmott said today after the prosecution objected to the photos.

Jodi Arias Murder Trial: Former Boyfriend Takes Stand Watch Video

Jodi Arias Murder Trial: Defense's First Day of Witnesses Watch Video

Prosecutor Juan Martinez asked Dworkin whether he knew when the words were put on the shirt and panties. When Dworkin said he could not determine when they were created, Martinez suggested that could have been done after Alexander was killed.

The defense also showed items from Alexander's internet search history from the early morning hours before he was killed, showing that he watched YouTube videos of scantily-clad women dancing to pop music and visited a proxy server, which covers one's IP address while surfing the internet. The defense will try to prove that Alexander was obsessed with looking at sexual content on his computer.

"I recall there was some pornography on the computer," Lonnie Dworkin, the computer forensic analyst testifying for the defense, told the court. "I don't recall specifically if there were women's breasts or other content."

See Full Coverage of Jodi Arias Trial

See Jodi Arias Trial Videos
Dworkin combed the hard drives and memory cards of computers and cameras owned by Arias and Alexander. He found images including the T-shirt and underwear, pictures of Arias hugging friends and a dog, and pictures of a penis that Alexander sent Arias on the internet, according to his testimony.

The defense has spent the past week presenting evidence that Alexander kept up appearances of being a devout Mormon and a virgin in his social life, but had an erotic sex life with Arias that included sending her a lewd picture of himself, phone sex, anal sex, oral sex, and taking nude photos of one another in sexual positions.

She is expected to testify before the defense finishes presenting its case.

Arias could face the death penalty if convicted of murder, which prosecutors say was premeditated and extremely cruel in that she stabbed him 27 times, slashed his throat, and shot him twice in the head. They have also argued that she lied to investigators and friends about killing Alexander until she was cornered with a mountain of evidence proving that she did. She then said she killed him in self-defense, they argue.

Read More..

North Korea nuclear test would face "firm" U.N. action: South Korea

UNITED NATIONS (Reuters) - The U.N. Security Council is united on North Korea's nuclear arms program and will undoubtedly approve tough measures against Pyongyang if it carries out a new atomic test as expected, South Korean U.N. Ambassador Kim Sook said on Monday.

"The North Korean nuclear test seems to be imminent," Kim, who is president of the Security Council this month, told reporters. "Obviously there are very busy activities going on at the (North Korean) nuclear test site, and everybody's watching."

"Everybody is unified and they are firm and resolute," he said. "I would expect very firm and strong measures to be taken ... once they go ahead with such provocation."

(Reporting By Louis Charbonneau; Editing by Sandra Maler)

Read More..

Israeli, Palestinian textbooks give kids slanted view: study

JERUSALEM: Israelis and Palestinians rarely demonise each other in their schoolbooks but each side's texts offer children a one-sided view of their conflict, says a joint study released on Monday.

"Dehumanising and demonising characterisations of the other are rare in both Israeli and Palestinian books," according to the study funded by the US State Department and carried out by Palestinian, Israeli and US academics.

"Both Israeli and Palestinian books present exclusive unilateral national narratives," wrote the authors, from Bethlehem, Tel Aviv and Yale universities.

"Historical events are selectively presented to reinforce each national narrative," said the study, which analysed more than 3,000 textbooks approved in 2011 by the sides' education ministries as well as those distributed in the ultra-Orthodox Jewish community which has its own education system.

On the loaded issue of maps, only four per cent of Palestinian schoolbooks and 13 per cent of the Israeli texts show borders and captions recognising the other.

The Israeli-occupied West Bank is often referred by its biblical name of Judaea and Samaria, particularly in the ultra-Orthodox schools.

"The lack and absence of information about the other serve to delegitimise the presence of the other," says the study.

It noted that negative portrayal of the adversary is "more pronounced in the Israeli ultra-Orthodox and Palestinian books than in the Israeli state books," which it says have more self-critical content.

"There is much to do in general in the educational system and in particular with school textbooks, if the parties in conflict decide to embark on the path of peace," the study concludes.

The Palestinian Authority and Israel often accuse one another of teaching violence and hatred to their schoolchildren.

An Israeli education ministry statement dismissed the new study as "biased, unprofessional and profoundly unobjective."

"The education ministry chose not to cooperate with those elements who are interested in maliciously slandering the Israeli educational system and the state of Israel," it added.

"The attempt to create a parallel between the Israeli and Palestinian educational systems is without any foundation whatsoever and has no basis in reality," the ministry said.

Palestinian premier Salam Fayyad, in contrast, welcomed the report, saying it "confirms that Palestinian textbooks do not contain any form of blatant incitement, which is based on contempt towards the 'other'."

He said that the Palestinian ministry of education cooperated in the research and that he had instructed it "to study the report thoroughly and to use its conclusions... to develop school curriculums," based on "principles of coexistence, tolerance, justice, and human dignity."

In Washington, State Department spokeswoman Victoria Nuland said that the study was an independent analysis carried out by an NGO called A Different Future in partnership with the Council of Religious Institutions of the Holy Land.

"Our point in funding it was to enable this Council of Religious Institutions to take what it got from the report, use it in a constructive manner to continue to pursue its objectives... for peace and religious tolerance in the curriculum," Nuland told reporters.

"We're not taking a position one way or another on what the study found."

- AFP/jc

Read More..

Rahul's first visit to Amethi as Cong VP

LUCKNOW: Congress vice president Rahul Gandhi will undertake a two-day tour of his parliamentary constituency Amethi on Tuesday. Rahul, who will visit Amethi for the first time since his elevation in the party ranks will meet senior party functionaries and leaders in the area, apart from laying the foundation of some development works in the area.

Regarding this as the maiden visit of the 'prime minister-in-the-making', local Congress leaders said the party camp is happy to be hosting the future PM. "There was a general sense of disappointment after Sonia Gandhi turned down the top job after Rajiv Gandhi. Now, with Rahul's elevation in the party's hierarchy, we are thrilled to see the Gandhi lineage being carried forward."

Though Rahul will not address any public rallies during his two-day visit, his closed-door meetings are expected to concentrate on mass scale restructuring of the party cadres. Over the past few months, the party has emphasised need for a complete overhaul of the systems to include more grassroot level workers in the decision-making process.

With Rahul's elevation, senior party leaders said they also expected to see the younger crop of Congressmen being elevated in the party ranks.

Read More..

Bullying study: It does get better for gay teens

CHICAGO (AP) — It really does get better for gay and bisexual teens when it comes to being bullied, although young gay men have it worse than their lesbian peers, according to the first long-term scientific evidence on how the problem changes over time.

The seven-year study involved more than 4,000 teens in England who were questioned yearly through 2010, until they were 19 and 20 years old. At the start, just over half of the 187 gay, lesbian and bisexual teens said they had been bullied; by 2010 that dropped to 9 percent of gay and bisexual boys and 6 percent of lesbian and bisexual girls.

The researchers said the same results likely would be found in the United States.

In both countries, a "sea change" in cultural acceptance of gays and growing intolerance for bullying occurred during the study years, which partly explains the results, said study co-author Ian Rivers, a psychologist and professor of human development at Brunel University in London.

That includes a government mandate in England that schools work to prevent bullying, and changes in the United States permitting same-sex marriage in several states.

In 2010, syndicated columnist Dan Savage launched the "It Gets Better" video project to encourage bullied gay teens. It was prompted by widely publicized suicides of young gays, and includes videos from politicians and celebrities.

"Bullying tends to decline with age regardless of sexual orientation and gender," and the study confirms that, said co-author Joseph Robinson, a researcher and assistant professor of educational psychology at the University of Illinois in Urbana-Champaign. "In absolute terms, this would suggest that yes, it gets better."

The study appears online Monday in the journal Pediatrics.

Eliza Byard, executive director of the Gay, Lesbian & Straight Education Network, said the results mirror surveys by her anti-bullying advocacy group that show bullying is more common in U.S. middle schools than in high schools.

But the researchers said their results show the situation is more nuanced for young gay men.

In the first years of the study, gay boys and girls were almost twice as likely to be bullied as their straight peers. By the last year, bullying dropped overall and was at about the same level for lesbians and straight girls. But the difference between men got worse by ages 19 and 20, with gay young men almost four times more likely than their straight peers to be bullied.

The mixed results for young gay men may reflect the fact that masculine tendencies in girls and women are more culturally acceptable than femininity in boys and men, Robinson said.

Savage, who was not involved in the study, agreed.

"A lot of the disgust that people feel when you bring up homosexuality ... centers around gay male sexuality," Savage said. "There's more of a comfort level" around gay women, he said.

Kendall Johnson, 21, a junior theater major at the University of Illinois, said he was bullied for being gay in high school, mostly when he brought boyfriends to school dances or football games.

"One year at prom, I had a guy tell us that we were disgusting and he didn't want to see us dancing anymore," Johnson said. A football player and the president of the drama club intervened on his behalf, he recalled.

Johnson hasn't been bullied in college, but he said that's partly because he hangs out with the theater crowd and avoids the fraternity scene. Still, he agreed, that it generally gets better for gays as they mature.

"As you grow older, you become more accepting of yourself," Johnson said.

___

Online:

Pediatrics: http://www.pediatrics.org

It Gets Better: http://www.itgetsbetter.org

___

AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

Read More..

'American Sniper' Killed; Former Marine Charged

A former Marine has been charged with three counts of murder in the killing of former Navy SEAL and "American Sniper" author Chris Kyle, the most deadly sniper in U.S. history, and another man at an Erath County, Texas, gun range, police said.

"We have lost more than we can replace. Chris was a patriot, a great father, and a true supporter of this country and its ideals. This is a tragedy for all of us. I send my deepest prayers and thoughts to his wife and two children," Scott McEwen, co-author of "American Sniper: The Autobiography of the Most Lethal Sniper in U.S. Military History," said in a statement to ABC News.

Remembering Kyle for the number of Iraqi insurgents he killed misstates his legacy, McEwen said.

"His legacy is not one of being the most lethal sniper in United States history," McEwen said. In my opinion, his legacy is one of saving lives in a very difficult situation where Americans where going to be killed if he was not able to do his job."

Kyle and a neighbor of his were shot at a gun range in Glen Rose while helping a former Marine who was recovering from post traumatic stress syndrome, ABC affiliate WFAA-TV in Dallas reported.

The Fort Worth Star-Telegram, Paul Moseley/AP Photo; Erath County Sheriff's Offi

The suspect, identified as Eddie Ray Routh, 25, was arrested in Lancaster, Texas, after a brief police chase, a Lancaster Police Department dispatcher told ABC News. Routh was driving Kyle's truck at the time of his arrest, police said.

Routh was arraigned Saturday evening on one count of capital murder and two counts of murder. He was brought to the Erath County Jail this morning and was being held there today on a combined $3 million bond, Officer Kyle Roberts said.

Investigators told WFAA that Routh is a former Marine said to suffer from post-traumatic stress syndrome.

Kyle helped found a nonprofit that provides at-home fitness equipment for emotionally and physically wounded veterans, but the director of the foundation said Kyle and Routh had not met through the organization.

"Chris was literally the type of guy if you were a veteran and needed help he'd help you," Travis Cox, the director of FITCO Cares, told The Associated Press. "And from my understanding that's what happened here. I don't know how he came in contact with this gentleman, but I do know that it was not through the foundation."

Authorities identified the other man who was killed with Kyle as 35-year-old Chad Littlefield, who Cox said was Kyle's neighbor and friend.

PHOTOS: Notable Deaths in 2013

Kyle, 38, served four tours in Iraq and was awarded two Silver Stars, five Bronze Stars with Valor, two Navy and Marine Corps Achievement Medals, and one Navy and Marine Corps Commendation.

From 1999 to 2009, Kyle recorded more than 150 sniper kills, the most in U.S. military history.

After leaving combat duty, Kyle became chief instructor training Naval Special Warfare Sniper and Counter-Sniper teams, and he authored the Naval Special Warfare Sniper Doctrine, the first Navy SEAL sniper manual. He left the Navy in 2009.

"American Sniper," which was published last year by William Morrow, became a New York Times best seller.

Read More..

Iran hedges on nuclear talks with six powers or U.S.

MUNICH (Reuters) - Iran said on Sunday it was open to a U.S. offer of direct talks on its nuclear program and that six world powers had suggested a new round of nuclear negotiations this month, but without committing itself to either proposal.

Diplomatic efforts to resolve a dispute over Iran's nuclear program, which Tehran says is peaceful but the West suspects is intended to give Iran the capability to build a nuclear bomb, have been all but deadlocked for years, while Iran has continued to announce advances in the program.

Iranian Foreign Minister Ali Akbar Salehi said a suggestion on Saturday by U.S. Vice President Joe Biden that Washington was ready for direct talks with Iran if Tehran was serious about negotiations was a "step forward".

"We take these statements with positive consideration. I think this is a step forward but ... each time we have come and negotiated it was the other side unfortunately who did not heed ... its commitment," Salehi said at the Munich Security Conference where Biden made his overture a day earlier.

He also complained to Iran's English-language Press TV of "other contradictory signals", pointing to the rhetoric of "keeping all options on the table" used by U.S. officials to indicate they are willing to use force to keep Iran from obtaining a nuclear weapon.

"This does not go along with this gesture (of talks) so we will have to wait a little bit longer and see if they are really faithful this time," Salehi said.

Iran is under a tightening web of sanctions. Israel has also hinted it may strike if diplomacy and international sanctions fail to curb Iran's nuclear drive.

In Washington, Army General Martin Dempsey, the top U.S. military officer, said in an interview broadcast on Sunday that the United States has the capability to stop any Iranian effort to build nuclear weapons, but Iranian "intentions have to be influenced through other means."

Dempsey, chairman of the Joint Chiefs of Staff, made his comments on NBC's program "Meet the Press," speaking alongside outgoing Defense Secretary Leon Panetta.

Panetta said current U.S. intelligence indicated that Iranian leaders have not made a decision to proceed with the development of a nuclear weapon.

"But every indication is they want to continue to increase their nuclear capability," he said. "And that's a concern. And that's what we're asking them to stop doing."

The new U.S. secretary of state, John Kerry, has said he will give diplomacy every chance of solving the Iran standoff.

THE BEST CHANCE

With six-power talks making little progress, some experts say talks between Tehran and Washington could be the best chance, perhaps after Iran has elected a new president in June.

Negotiations between Iran and the six powers - Russia, China, the United States, Britain, France and Germany - have been deadlocked since a meeting last June.

EU officials have accused Iran of dragging its feet in weeks of haggling over the date and venue for new talks.

Salehi said he had "good news", having heard that the six powers would meet in Kazakhstan on February 25.

A spokesman for EU foreign policy chief Catherine Ashton, who coordinates the efforts of the six powers, confirmed that she had proposed talks in the week of February 25 but noted that Iran had not yet accepted.

Kazakhstan said it was ready to host the talks in either Astana or Almaty.

Salehi said Iran had "never pulled back" from the stuttering negotiations with the six powers. "We still are very hopeful. There are two packages, one package from Iran with five steps and the other package from the (six powers) with three steps."

Iran raised international concern last week by announcing plans to install and operate advanced uranium enrichment machines. The EU said the move, potentially shortening the path to weapons-grade material, could deepen doubts about the peaceful nature of Iran's nuclear program.

Prime Minister Benjamin Netanyahu said on Sunday that Israel's mission to stop its arch-enemy from acquiring nuclear weapons was "becoming more complex, since the Iranians are equipping themselves with cutting-edge centrifuges that shorten the time of (uranium) enrichment".

"We must not accept this process," said Netanyahu, who is trying to form a new government after winning an election last month. Israel is generally believed to be the only country in the Middle East with nuclear weapons.

(Additional reporting by Myra MacDonald and Stephen Brown in Munich, Dmitry Solovyov in Almaty, Yeganeh Torbati in Dubai and Jim Wolf in Washington; Editing by Kevin Liffey and Will Dunham)

Read More..

Iran announces nuclear talks, open to 'authentic' US meet

MUNICH: Iran on Sunday announced fresh talks with world powers on its nuclear drive and said it was open to an offer from the US for two-way discussions if Washington's intention was "authentic".

Iranian Foreign Minister Ali Akbar Salehi said the six world powers planned to resume talks in Kazakhstan on February 25, and he insisted that Iran had never pulled back from the negotiations.

"I have good news, I've heard yesterday that 5+1 or EU3+3 will be meeting in Kazakhstan 25th of February," Salehi said during a panel discussion at the Munich Security Conference.

Iran and six world powers -- the US, China, Russia, Britain, France and Germany -- held three rounds of talks last year aimed at easing the standoff over Iran's nuclear activities, which Tehran insists are peaceful.

The six, known as the P5+1 or EU3+3, called on Iran to roll back its programme but stopped short of meeting Tehran's demands that they scale back sanctions, and the last round ended in stalemate in June in Moscow.

Since then, talks have been held up over disagreements on their location.

The European Union welcomed Salehi's announcement.

"It is good to hear that the foreign minister finally confirmed now. We hope the negotiating team will also confirm," said Michael Mann, a spokesman for the EU's top diplomat Catherine Ashton.

Salehi said Iran took comments by US officials, including Vice President Joe Biden, who said at the Munich conference on Saturday that Washington was ready to hold talks with Iran on its nuclear programme, "with positive consideration".

Washington ruptured diplomatic ties with Iran in the wake of the 1979 revolution, and relations remain hostile.

"We have no red line for negotiations, bilateral negotiations when it comes to negotiating over a particular subject," Salehi said.

"If the subject is the nuclear file, yes we are ready for negotiation but we have to make sure ... that the other side this time comes with authentic intention, with a fair and real intention to resolve the issue," he said.

He criticised as contradictory the desire for negotiations with Iran on the nuclear issue alongside "threatening rhetoric that everything is on the table" -- that is, a military option.

"If there is an honest intention on the other side, then we will take that into serious consideration," Salehi said.

Asked when direct US-Iranian negotiations would take place, Biden told the conference on Saturday: "When the Iranian leadership, Supreme Leader, is serious."

He said: "There is still time, there is still space for diplomacy, backed by pressure, to succeed. The ball is in the government of Iran's court, and it's well past time for Tehran to adopt a serious, good-faith approach to negotiations with the P5-plus-1."

However, in an interview with French newspaper Le Figaro published late Sunday, he warned that the "diplomatic window is closing."

"The Iranian government must approach the talks with seriousness and good faith," Biden said in remarks translated into French.

Outgoing Israeli Defence Minister Ehud Barak called in Munich for a "strong political will by the world" on the nuclear issue.

"I was glad to hear yesterday Vice President Biden saying loud and clear (that) containment is not an option," he told the conference.

Israeli Prime Minister Benjamin Netanyahu, speaking just before the formal start of talks to build Israel's new ruling coalition, said the most important mission facing the new government was preventing a nuclear Iran.

"It is a mission which has become more complicated because Iran has equipped itself with new centrifuges which reduce the enrichment time," he said.

"We cannot live with this process."

It was the first official reaction since it emerged that Tehran was planning to install more modern equipment at the Natanz uranium enrichment plant in central Iran, according to a UN document seen by AFP in Vienna on Thursday.

- AFP/jc

Read More..

President Pranab Mukherjee gives nod to tough anti-rape ordinance

NEW DELHI: President Pranab Mukherjee on Sunday gave his assent to the ordinance sharpening laws against sexual assault, mandating harsher punishment like death penalty for offenders in cases where the victim dies or is pushed into a persistent vegetative state. The amended law comes into force immediately.

The ordinance, which also introduced voyeurism, stalking, disrobing of women and acid attacks as specific offences under the Indian Penal Code, was approved by the Union Cabinet on Friday.

Though the presidential assent has brought the "changed" provisions of the law into force, the government will have to get it passed in Parliament within six months.

With the main opposition party BJP welcoming the move, the government is confident of getting the new provisions passed in Parliament after putting it up for discussion and modification, if needed, during the budget session.

The President's assent to the ordinance came even as women's rights activists expressed unhappiness over the provisions. They were upset over the government's refusal to recognize marital rape as an offence, failure to hold command officers accountable for rapes by their subordinates and omission of rapes by armed forces as a category.

The Criminal Law (Amendment) Ordinance, 2013 — comprising several recommendations of the Justice (retired) JS Verma committee — was rushed through to beat the notification of the budget session which is due to begin on February 21. The notification — which is to be issued in a day or two — would have prevented issuance of the ordinance.

'Rarest of rare' rape cases

Going beyond recommendations of the Justice Verma committee, the ordinance has prescribed death penalty for cases of rape which lead to the victim's death or pushes her into coma. It seeks to treat such cases as "rarest-of-rare" for which courts can award capital punishment if they so decide.

For such cases, the ordinance prescribes a minimum sentence of 20 years which can be extended to imprisonment until the natural life of the convict, or death.

Brought against the backdrop of Nirbhaya's case, the ordinance changes various clauses in existing criminal law by amending Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Evidence Act.

The new provisions will be brought before Parliament as part of official amendments to the Criminal Law (Amendment) Bill, 2012 which was introduced in December last year. The pending legislation is currently being examined by a parliamentary standing committee which is scheduled to meet on Monday.

Officials in the home ministry, however, did not rule out the possibility of withdrawing the pending bill and bringing a fresh legislation incorporating the changes which came into force through the ordinance.

Read More..