L.A. mayoral candidates sound off on pot dispensaries

As Los Angeles voters face the possibility of as many as three medical marijuana initiatives on the May ballot, several mayoral candidates have begun to outline their own plans to deal with the proliferation of pot dispensaries — an issue that has ensnared the City Council in countless legal tangles.

At a mayoral forum sponsored by the League of Women Voters last week, four of the five leading candidates argued for paring back the hundreds of pot dispensaries around the city. But Councilman Eric Garcetti said his first goal would be to persuade the federal government to reclassify marijuana as a medicine: "I will advocate that as mayor," he said.

Garcetti, who presided over many of the battles on the issue as council president from 2006 to 2012, said he would also urge state lawmakers to set regulations governing the distribution of medical marijuana.

"The courts say wildly different things because there has not been clear guidance from the state or federal level," he said. At the city level, Garcetti said, he would try to "keep access" while limiting the number of dispensaries. "You charge a fee so you have an enforcement mechanism, and where possible collect taxes" — steps that, he said, would free up law enforcement officers to focus on more serious crime.

City Controller Wendy Greuel called for "compassion" but placed a greater emphasis than Garcetti on tightening regulations on the locations of pot shops in the city.

"I think when people voted in the state of California to allow medical marijuana, they thought they would go to their local CVS pharmacy and get it. They didn't think about the impact it would have on neighborhoods," said Greuel, who is targeting many of the more conservative San Fernando Valley voters. "The bottom line is we have a right to regulate where marijuana clinics are in the city of Los Angeles…. The public is demanding that the government actually do their job."

After the forum, aides to Greuel told The Times she also would support classifying marijuana as a medicine at the federal level.

The city has struggled for years to regulate the placement of pot shops. A loophole in the city's 2007 moratorium allowed hundreds of additional shops to open. The council's efforts to limit the proliferation led to more than 100 lawsuits against the city. In response to complaints from neighborhood activists, the council enacted a ban on storefront marijuana sales last July. But it retreated in October, repealing the ban after a well-organized coalition of marijuana activists mounted an effort to overturn it at the ballot box.

Kevin James, a former federal prosecutor and the sole Republican among the major contenders, said the confusion and legal wrangling illustrated the dysfunction of the council.

"More pot clinics than Starbucks? Unbelievable," James said at Thursday night's forum. "Only this City Council could put a moratorium on 180 or so pot clinics — and it skyrockets to over 1,000."

The five mayoral candidates were pressed to say how many dispensaries should be allowed across the city. James said he favored about 10 in each of the 15 council districts. Garcetti said the original number of dispensaries — approximately 100 — was "about right."

Greuel and Councilwoman Jan Perry said they were hesitant to name an exact number, with Perry adding that she would take her policy cues from the voters in May.

Candidate Emanuel Pleitez, a technology executive who read from notes throughout the forum, argued that "politicians shouldn't be in the business of setting numbers" and should "let the market decide."

Last week the City Council advanced a measure for the May ballot that would permit only the dispensaries that opened before the moratorium to operate; the measure would also raise taxes on marijuana sales. Garcetti backed the request by Councilman Paul Koretz and Council President Herb Wesson asking the city attorney to draw up language for a ballot measure. Perry was absent for the vote.

Two additional — and competing — medical marijuana initiatives have qualified for the May ballot.

One, which is largely backed by dispensaries that opened after the moratorium, would allow many pot shops to remain open, but it would set new requirements for their operations — such as limited hours and maintaining a certain distance from schools. It would raise taxes on medical marijuana by 20% to pay for city enforcement.

The other was created by a coalition of medical marijuana advocates and the United Food and Commercial Workers union, which began organizing dispensary workers last year. Like the City Council-sponsored proposal, it would allow only pot dispensaries that opened before 2007 to operate. Koretz and Wesson have criticized the measure for not mandating that the shops be located farther away from schools, churches and parks.

Some advocates for the union-backed measure now say they probably will support the council's proposal because it too would allow older dispensaries to remain open and has a better chance of passing.

maeve.reston@latimes.com

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Crazy Alien Weather: Lightning-Filled Rocket Dust Storms of Mars

Scientists have modeled the internal workings of lightning-filled “rocket dust storms” on Mars that rise at speeds 100 times faster than ordinary storms and inject dust high into the Martian atmosphere.

The Red Planet is a very dry and dusty place, with global storms that sometimes obscure the entire surface. Satellites orbiting Mars have seen persistent dust layers reaching very high altitudes, as much as 30 to 50 km above the ground, though scientists are at a loss to explain exactly how the dust got there.

Using a high-resolution model, researchers have shown that a thick blob-like dust pocket inside a storm may become heated by the sun, causing the surrounding atmosphere to warm quickly. Because hot air rises, these areas will shoot skyward super fast, much like a rocket launching into space, hence “rocket dust storms.”

“The vertical transport was so strong we want to come up with a kind of spectacular name, to give an idea of the very powerful rise,” said planetary scientist Aymeric Spiga from the Institut Pierre Simon Laplace in Paris, France, who is lead author on a paper describing the phenomena in the Journal of Geophysical Research: Planets on Jan. 14.

These speedily rising dust blobs can soar from near the surface to 30 or 40 km into the atmosphere in a matter of hours at speeds in excess of 10 meters per second (22 mph). This is far faster than the typical convection speeds in a dust storm of 0.1 meters per second (0.2 mph). Since the dust particles rub up against one another and create friction, the rocket dust storms may become charged with electrostatic forces, which could which could trigger fantastic lightning bolts.

Spiga and his team used detailed models of winds and dust on Mars to determine exactly how these rocket dust storms behave. Most previous models of Mars’ climate simulate large-scale global dust storms with fairly coarse resolution and so have not noticed the rocket storms. The team seeded their model with data from a dust storm observed by the OMEGA instrument aboard ESA’s Mars Express orbiting satellite and watched the rise of rocket storms.

Similar dust storms can’t happen on Earth. This is mainly because Mars’ atmosphere is about 100 times thinner than our own, meaning that it gets quickly and efficiently heated when dust particles absorb sunlight and then emit thermal radiation.

But a comparable phenomenon occurs in grey cumulonimbus thunderstorm clouds on Earth. The large accumulations of water particles in such clouds release latent heat, causing strong vertical motions and an extensive tall structure. Spiga’s team has used this Earthly analogy in the rocket dust storm’s more technical name, conio-cumulonimbus, from the Greek conious, which means dust.

“But I prefer to call them rocket dust storms,” Spiga said. “Then everyone knows what I’m talking about.”

Other researchers are impressed with the physical modeling done in the work. “I was a little surprised that such a small dust disturbance could remain intact over such long distances,” said planetary atmospheres scientist Scot Rafkin from the Southwest Research Institute in Boulder, Colorado. The mechanism could help explain how long-lasting layers of dust climb so high in the Martian atmosphere, he says. 

Because they appear to be relatively rare, it may take a while to track down more rocket dust storms. But Spiga is hopeful they will be found by orbiting satellites, which may even image the lightning flashes inside them.

Video: Spiga, Aymeric, et al. “Rocket dust storms and detached dust layers in the Martian atmosphere,” JGR:Planets, DOI: 10.1002/jgre.20046

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Opera about Nazi atrocity shown in Austria

VIENNA (AP) — Thousands of children were murdered by the Nazis because they fell short of the Aryan ideal. On Friday, a hushed audience gathered in Austria’s Parliament to watch the world premiere of an opera depicting how the Nazis methodically killed mentally or physically deficient children at a Vienna hospital during World War II.

The killings were part of a greater campaign that led to the deaths of about 75,000 people — homosexuals, the handicapped, or others the Nazis called “unworthy lives” — and served as a prelude to the Holocaust.

Austrians played a huge role in these and other atrocities of the era — nearly 800 children were killed at Vienna’s Spiegelgrund psychiatric ward — and Friday’s premiere of the opera “Spiegelgrund” was the latest installment of a national effort to atone for such acts in word and deed.

The timing was picked to commemorate Holocaust Memorial Day, which will be observed worldwide Sunday, and the performance was streamed live on the Internet for international audiences. But the parliamentary venue was chosen for a particularly Austrian reason: as a reminder of how the country’s politicians fomented the atmosphere of intolerance and authoritarianism that allowed Hitler’s troops to walk in in 1938, and a determination to not let history repeat itself.

Composer Peter Androsch said his focus on the era was in part born of his own family’s history. His great grandfather died in a Nazi concentration camp. Androsch said the fact that that was hidden for generations “says a lot about conditions in totalitarian regimes and should serve as a reminder for me and many others.”

At the premiere — a hauntingly effective hour-long performance — legislators were joined in the audience by diplomats, Holocaust survivors, former Spiegelgrund patients and other invited guests in an ornate chamber lined with Ionic columns and used for special legislative sessions.

Spiegelgrund survivor Friedrich Zavel was in the audience. He was brought to the clinic in 1940 after being accused of homosexuality. Now 83, he still shudders when he speaks of his ordeals: humiliation, solitary confinement and torture.

The “Wrap Treatment” consisted of orderlies binding a child first in two sheets soaked in ice water, then two dry sheets, followed by waiting for days without food and drink until the body warmth dried the sheets. There also were beatings and injections that either made the child vomit or left him unable to walk for days.

Asked Friday how he felt about the wrongs done to him, Zavel said: “I know neither revenge nor hate.”

The opera itself was more of an oratory. Backlit in gloomy purple and red, and accompanied by strings, flute, percussion and a harpsichord, a trio slipped into each other’s roles in an allegorical depiction of how all are victims and perpetrators.

Thus a white-coated doctor embodying “The Law” switched from vocalizing about Sparta’s doctrine of letting weak newborns die to singing a child’s ditty before moving to the role of “Memory” — singing broken phrases that harken back to the horrific experiences of the victimized children. The two other singers shifted roles accordingly as a narrator dryly recited facts reflecting the atrocities committed.

“On some days, so many children were killed that the orderlies had to pile the little bodies on a wheelbarrow,” narrator Karl Sibelius intones in one sequence before reading a letter from a mother addressed to an institute doctor and pleading for the return of her son.

Bass Robert Holzer was “The Law,” and sopranos Katerina Beranova and Alexandra Diesterhoeft sang “Memory” and “Children’s Song” respectively. All were very solid.

Parliament President Barbara Prammer said the nation could no longer focus only on glorifying its past.

“We can’t choose our history,” she told The Associated Press.

___

AP video journalist Philipp Jenne contributed.

___

Online: www.sonostream.tv

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Well: Ask Well: Squats for Aging Knees

You are already doing many things right, in terms of taking care of your aging knees. In particular, it sounds as if you are keeping your weight under control. Carrying extra pounds undoubtedly strains knees and contributes to pain and eventually arthritis.

You mention weight training, too, which is also valuable. Sturdy leg muscles, particularly those at the front and back of the thighs, stabilize the knee, says Joseph Hart, an assistant professor of kinesiology and certified athletic trainer at the University of Virginia, who often works with patients with knee pain.

An easy exercise to target those muscles is the squat. Although many of us have heard that squats harm knees, the exercise is actually “quite good for the knees, if you do the squats correctly,” Dr. Hart says. Simply stand with your legs shoulder-width apart and bend your legs until your thighs are almost, but not completely, parallel to the ground. Keep your upper body straight. Don’t bend forward, he says, since that movement can strain the knees. Try to complete 20 squats, using no weight at first. When that becomes easy, Dr. Hart suggests, hold a barbell with weights attached. Or simply clutch a full milk carton, which is my cheapskate’s squats routine.

Straight leg lifts are also useful for knee health. Sit on the floor with your back straight and one leg extended and the other bent toward your chest. In this position, lift the straight leg slightly off the ground and hold for 10 seconds. Repeat 10 to 20 times and then switch legs.

You can also find other exercises that target the knees in this video, “Increasing Knee Stability.”

Of course, before starting any exercise program, consult a physician, especially, Dr. Hart says, if your knees often ache, feel stiff or emit a strange, clicking noise, which could be symptoms of arthritis.

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7 Die in Fire at Factory in Bangladesh

A.M. Ahad/Associated Press

Firefighters and volunteers worked to extinguish the fire at a small garment factory in Bangladesh’s capital on Saturday.

DHAKA, Bangladesh — In the latest blow to Bangladesh’s garment industry, seven workers died Saturday after a fire swept through a factory here not long after seamstresses had returned from a lunch break. Workers said supervisors had locked one of the factory exits, forcing some people to jump out of windows to save their lives.

Abir Abdullah/European Pressphoto Agency

Relatives mourned beside the bodies of workers killed in the fire at a hospital in Dhaka.

Reuters

People sifted through the wreckage at the Smart Fashions factory.

The fatal fire comes roughly two months after the blaze at the Tazreen Fashions factory left 112 workers dead and focused global attention on unsafe conditions in Bangladesh’s garment industry. Tazreen Fashions, located just outside Dhaka, the capital, had been making clothing for some of the world’s biggest brands and retailers, including Walmart.

In the aftermath of the Tazreen Fashions fire, political and industrial leaders in Bangladesh pledged to quickly improve fire safety and even conducted high-profile, nationwide inspections of many of the country’s 5,000 clothing factories. And global brands promised they would not buy clothes from unsafe factories.

But Saturday’s fire in a densely populated section of Dhaka is a grim reminder that the problems remain. The blaze erupted about 2 p.m. at Smart Garment Export, a small factory that employed about 300 people, most of them young women who were making sweaters and jackets. All seven of the dead workers were women.

Masudur Rahman Akand, a supervisor in the fire department, said the factory’s workers were returning from lunch when the blaze erupted in a storage area. The factory was located on the second floor of a building, above a bakery, and it lacked proper exits and fire prevention equipment, Mr. Akand said.

“We did not find fire extinguishers,” he said. “We did not find any safety measures.”

With smoke filling the factory floor, workers apparently panicked. Mr. Akand said the seven workers who died either suffocated or were trampled by people trying to escape.

Eight other workers were hospitalized with injuries. Some of them told rescuers that many people could not quickly escape because one of the exits was blocked by a locked steel gate. Witnesses said people began jumping out of windows before the gate was unlocked.

Azizul Hoque, a police supervisor, said the investigation was continuing. “We do not know the reason or the source or the origin of the fire,” he said.

It was unclear whether the Smart Garment factory was making clothing for international brands or retailers. Dhaka’s industrial areas are filled with factories, large and small, that produce clothing for much of the Western world.

Julfikar Ali Manik reported from Dhaka, and Jim Yardley from New Delhi.

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We change more than we think, scientists say

Glancing around his study on a recent afternoon, Harvard psychologist Daniel Gilbert's eyes came to rest on his collection of thousands of music CDs, acquired over many years at considerable expense.

"I don't listen to a lot of them anymore," he said. "I was certain I'd listen to Miles Davis until the day I died."

According to his own research, Gilbert is hardly alone in having imagined that he'd always like the same music, or hobbies or friends.

Writing this month in the journal Science, he reported that people at all stages of life tend to believe they won't change much in the future — even as they recognize great shifts in their personalities, values and tastes in the past.

Calling it the "end of history illusion," he and his colleagues suggested that the phenomenon may help explain why people make decisions they later regret: marrying the wrong person or buying an expensive vacation home.

"We recognize it in teenagers," Gilbert said. "We say to them, 'You're not going to like that Megadeth tattoo in 10 years.' But no matter how old you are, you're making the same mistake."

Gilbert, who is 55, said he became interested in studying the end of history illusion based on his own experiences in middle age.

"I've had this sense that I was finished baking — that I'd still be me, but older," he said.

He decided to test that intuition through a series of experiments.

An obvious approach would have been to have subjects make predictions about their future selves, wait 10 years, and see if they were right, Gilbert said. But lacking that kind of lead time, he and his colleagues devised a way to get the same information from a single moment in time.

Recruiting viewers of a popular French documentary hosted by study coauthor Jordi Quoidbach, a postdoctoral researcher in Gilbert's lab, the scientists assigned some to answer questions designed to arrive at core aspects of their identity and to predict how those responses might differ 10 years in the future. Among other things, subjects were asked to list their favorite foods or hobbies, rank values such as success and security, or answer a standard questionnaire designed to home in on personality traits like conscientiousness and emotional stability.

Other volunteers were asked to consider the same traits, but report how they had changed in the past decade.

Pairing up future-focused predictors and backward-looking reporters — such that the predictions of 25-year-olds were compared to the recollections of 35-year-olds, for instance — the researchers found that people consistently acknowledged they had changed a lot in the past but underestimated how much they would change in the future. The results held true for each decade of life between ages 18 and 68.

In all, more than 19,000 people recruited from Quoidbach's show took part in the experiment. Although the effect was stronger in younger people than in older people, it did not disappear, Gilbert said.

Was this merely an interesting quirk, or did it have consequences? To find out, the team conducted another experiment to gauge whether people's unwillingness or inability to recognize how much they'll change in the future leads them to pay too much for things today.

Recruiting an additional 170 subjects online, they asked some to name their favorite music group and say how much they'd pay to see the band in concert 10 years from now. They asked others to recall their favorite band from 10 years ago and say how much they'd pay to see them today.

On average, those in the first group were willing to pay $129 to see their current favorite play in 10 years — 61% more than members of the second group, who would pay only $80, on average, to see their former favorite.

Psychologist Michael Ross, an expert in the study of autobiographical memory at the University of Waterloo in Canada, said it was "novel and audacious" that we tend to see ourselves as fully formed. But many questions about the end of history illusion remain, said Ross, who was not on the research team.

Ross said he'd be interested in further research explaining what causes people to think this way and whether the effect is limited to perceptions of ourselves or also applies to our perceptions of others. Cultural differences may also play a role; perhaps people in East Asian societies, who generally express less satisfaction than people in the West, might perceive change differently, he said.

Though our apparent blindness toward our own mutability might seem to doom us to a lifetime of bad decisions and regrets, Gilbert insisted all was not lost.

"If you want to know how you'll react to something in the future, look at someone who's reacting to it today," he said. "We're not as different from each other as we think."

Then again, he added, previous research has shown that most of us prefer to think we're unique.

eryn.brown@latimes.com

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Man With 4th Amendment Written on Chest Wins Trial Over Airport Arrest

A Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area won a trial Friday in his lawsuit seeking $250,000 in damages for being detained on a disorderly conduct charge.

Aaron Tobey claimed in a civil rights lawsuit (.pdf) that in 2010 he was handcuffed and held for about 90 minutes by the Transportation Security Administration at the Richmond International Airport after he began removing his clothing to display on his chest a magic-marker protest of airport security measures.

“Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated,” his chest and gut read.

In sending the case to trial, unless there’s a settlement, the 4th U.S. Circuit Court of Appeals ruled 2-1 and reversed a lower court judge and invoked Benjamin Franklin in the process. According to the opinion by Judge Roger Gregory:

Here, Mr. Tobey engaged in a silent, peaceful protest using the text of our Constitution—he was well within the ambit of First Amendment protections. And while it is tempting to hold that First Amendment rights should acquiesce to national security in this instance, our Forefather Benjamin Franklin warned against such a temptation by opining that those ‘who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.’ We take heed of his warning and are therefore unwilling to relinquish our First Amendment protections—even in an airport.

Tobey didn’t want to go through the advanced imaging technology X-ray machines, or so-called nude body scanners, that were cropping up at airports nationwide. Instead, when it was his turn to be screened, he was going to opt for an intrusive pat-down, and removed most of his clothing in the process.

Among other things, the federal lawsuit claimed wrongful detention and a breach of the First Amendment and Fourth Amendment. Tobey was on his way to Wisconsin for his grandmother’s funeral. Despite his detainment, he made his flight.

According to the suit, while under interrogation, the authorities wanted to know “about his affiliation with, or knowledge of, any terrorist organizations, if he had been asked to do what he did by any third party, and what his intentions and goals were.”

Two weeks later, Henrico County prosecutors dropped the misdemeanor charge against him, and he sued the Transportation Security Administration and others.

In dissent, Judge J. Harvie Wilkinson wrote:

Had this protest been launched somewhere other than in the security-screening area, we would have a much different case. But Tobey’s antics diverted defendants from their passenger-screening duties for a period, a diversion that nefarious actors could have exploited to dangerous effect. Defendants responded as any passenger would hope they would, summoning local law enforcement to remove Tobey—and the distraction he was creating — from the scene.

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Arhoolie Records set highlights 50 years of roots-music

BOSTON (Reuters) – Chris Strachwitz discovered the first performer for his Arhoolie Records label by quizzing roadside field hands, a prosperous cotton farmer named Mr. Tom Moore, and a man called Peg Leg at a railroad station in Navasota, Texas.

As Strachwitz tells it, Peg Leg identified a highway worker and former tenant farmer who entertained local folks: Mance Lipscomb.

“Mance Lipscomb, Texas Sharecropper and Songster,” was recorded in 1960 in the musician’s shotgun house, and it launched Lipscomb into the surging U.S. folk-music revival.

It also launched German-born Strachwitz on a half-century career of uncovering and popularizing vernacular “roots music” of the Americas. That includes the blues of black Americans, the Zydeco of Louisiana’s Creoles, Mexican norteño and Tejano conjunto music, and other styles that spring from deep cultural wells and get crowds dancing in obscure rooms.

“I probably should have become a detective,” Strachwitz told Reuters in a telephone interview. “Meeting all these people was an intriguing adventure. I didn’t have to go on a safari, hunting for elephants or something. I hunted musicians.”

Some of the performers who Strachwitz tracked down on his back-road and honky-tonk rambles, and others influenced by him and his records, gathered two years ago in Berkeley, California for a 50th anniversary concert run.

The three-night run was released this week as “They All Played for Us,” a 4-CD set and photo book that showcases Arhoolie‘s mosaic of musicians.

“They had confidence in the music that they made,” Grammy-winning recording artist Taj Mahal said. “It wasn’t predicated on selling a million or millions … it’s what made them happy. Chris – most of his records were about that.”

Mahal and fellow roots-music pioneer Ry Cooder joined the performers at Berkeley’s Freight & Salvage Coffeehouse for the anniversary. Others included the Savoy-Doucet Cajun Band, bluegrass master Peter Rowan, norteño stars Los Cenzontles, the Treme Brass Band from New Orleans and The Campbell Brothers, a “sacred-steel” guitar gospel group.

GATHERING A MUSICAL FAMILY

Strachwitz, who said he fell in love with records as a child in pre-war Germany and came of age in southern California, gathered his musical family in several ways. He scoured record stores and listened to regional ethnic radio programs.

Strachwitz learned of bluesman “Black Ace” Turner when he inquired at a street-corner gambling game. Blues legend “Lightning” Hopkins took him to see a cousin, Clifton Chenier, who later rose to acclaim as the “King of Zydeco.”

Strachwitz named Arhoolie after a type of work song, a field holler, that had deep roots in African-American musical culture.

He was asked to describe the unique attributes of each musical style he recorded. But instead he cited a common thread.

“I think it’s the powerful rhythm,” he said. “They were all dance music – real dance music, not this boogaloo shit. And it’s sort of honky-tonk music, it’s just free flowing, rhythmic, stuff. With some good singing on top of it.”

He recorded in his living room, kitchens, beer joints and churches. “I didn’t give a damn about acoustics. I’d record in an outhouse if I had to,” he said.

He made sure his musicians got their due. Strachwitz recalled giving an appreciative Fred McDowell a royalty check for the Rolling Stones’ cover version of “You Gotta Move.”

“Fred McDowell enjoyed his life so much just playing for people, and after we got him the money … from the Rolling Stones, he said. ‘Well, I’m glad them boys enjoyed my music.’”

The 50th anniversary concert and recording were fundraisers for the Arhoolie Foundation, which supports folk culture and is advised by Bob Dylan, Bonnie Raitt and others. Projects include films, instrument donations, and digital transfers of more than 50,000 records and cassettes in the collection Strachwitz donated of Mexican and Mexican-American music.

A “SONGCATCHER” STRUGGLING TO STAY IN BUSINESS

Arhoolie Records and writer Adam Machado won a Grammy award last year for “Hear Me Howling,” an anthology of the Bay Area music scene culled from Strachwitz‘s recordings.

But Arhoolie, based in El Cerrito, California, is struggling. Strachwitz said. He called himself more of “songcatcher” than businessman.

“I’ve been trying to survive basically on the publishing royalties. I haven’t got a salary from Arhoolie in years and now they can’t even afford to pay the rent anymore,” he said.

But there will always be songs to catch and backwaters to explore, Mahal said. The folk-music scene is still vibrant and house concerts are supporting a wave of new talent to be discovered, he said.

And the legacy Strachwitz created will endure.

“Deep Americana (music) is a huge force and it has traveled out of our country to people around the world. It is a big source of comfort for a lot of people,” Mahal said.

“People like Chris Strachwitz have spent their lives making sure that that is so, and that these people don’t get lost in the shuffle, and drop through the cracks.”

(Reporting by Randall Mikkelsen, editing by Jill Serjeant)

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Diner’s Journal Blog: PepsiCo Will Halt Use of Additive in Gatorade

PepsiCo announced on Friday that it would no longer use an ingredient in Gatorade after consumers complained.

The ingredient, brominated vegetable oil, which was used in citrus versions of the sports drink to prevent the flavorings from separating, was the object of a petition started on Change.org by Sarah Kavanaugh, a 15-year-old from Hattiesburg, Miss., who became concerned about the ingredient after reading about it online. Studies have suggested there are possible side effects, including neurological disorders and altered thyroid hormones.

The petition attracted more than 200,000 signatures, and earlier this week, Ms. Kavanaugh was in New York City to tape a segment for “The Dr. Oz Show.” She visited The New York Times on Wednesday and while there said, “I just don’t understand why they can’t use something else instead of B.V.O.”

“I was in algebra class and one of my friends kicked me and said, ‘Have you seen this on Twitter?’ ” Ms. Kavanaugh said in a phone interview on Friday evening. “I asked the teacher if I could slip out to the bathroom, and I called my mom and said, ‘Mom, we won.’ ”

Molly Carter, a spokeswoman for Gatorade, said the company had been testing alternatives to the chemical for roughly a year “due to customer feedback.” She said Gatorade initially was not going to make an announcement, “since we don’t find a health and safety risk with B.V.O.”

Because of the petition, though, Ms. Carter said the company had changed its mind, and an unidentified executive there gave Beverage Digest, a trade publication, the news for its Jan. 25 issue.

Previously, a spokesman for PepsiCo had said in an e-mail, “We appreciate Sarah as a fan of Gatorade, and her concern has been heard.”

Brominated vegetable oil will be replaced by sucrose acetate isobutyrate, an emulsifier that is “generally recognized as safe” as a food additive by the Food and Drug Administration. The new ingredient will be added to orange, citrus cooler and lemonade Gatorade, as well Gatorade X-Factor orange, Gatorade Xtremo citrus cooler and a powdered form of the drink called “glacier freeze.”

Ms. Carter said consumers would start seeing the new ingredient over the next few months as existing supplies of Gatorade sell out and are replaced.

Health advocates applauded the company’s move. “Kudos to PepsiCo for doing the responsible thing on its own and not waiting for the F.D.A. to force it to,” said Michael Jacobson, executive director of the Center for Science in the Public Interest.

Mr. Jacobson has championed the removal of brominated vegetable oil from foods and beverages for the last several decades, but the F.D.A. has left it in a sort of limbo, citing budgetary constraints that it says keep it from going through the process needed to formally ban the chemical or declare it safe once and for all.

Brominated vegetable oil is banned as a food ingredient in Japan and the European Union. About 10 percent of drinks sold in the United States contain it, including Mountain Dew, which is also made by PepsiCo; some flavors of Powerade and Fresca from Coca-Cola; and Squirt and Sunkist Peach Soda, made by the Dr Pepper Snapple Group.

PepsiCo said it had no plans to remove the ingredient from Mountain Dew and Diet Mountain Dew, both of which generate more than $1 billion in annual sales.

Heather White, executive director at the Environmental Working Group, said of PepsiCo’s decision, “We can only hope that other companies will follow suit.” She added, “We need to overhaul how F.D.A. keeps up with the latest science on food additives to better protect public health.”

Ms. Kavanaugh agreed. “I’ve been thinking about ways to take this to the next level, and I’m thinking about taking it to the F.D.A. and asking them why they aren’t doing something about it,” she said. “I’m not sure yet, but I think that’s where I’d like to go with this.”

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Labor Relations Board Rulings Could Be Undone

By ruling that Mr. Obama’s three recess appointments last January were illegal, the federal appeals court ruling, if upheld, would leave the board with just one member, short of the quorum needed to issue any rulings. The Obama administration is expected to appeal Friday’s court ruling, a move that might result in a legal stay that would delay the removal of the recess appointees.

If the Supreme Court were to uphold Friday’s ruling, issued by the United States Court of Appeals for the District of Columbia Circuit, it would mean that the labor board did not have a quorum since last January and that all its rulings since then should be nullified.

Many Republicans and business groups applauded Friday’s ruling. They often assert that the appointments Mr. Obama made to the board have transformed it into a tool of organized labor. But many Democrats and labor unions say Mr. Obama’s appointments restored ideological balance to the board after it was tipped in favor of business interests under President George W. Bush

Mark G. Pearce, the board’s chairman, issued a statement saying the board disagreed with the ruling and suggested that other appeals courts hearing cases about the constitutionality of Mr. Obama’s appointments could reach a different conclusion.

“In the meantime, the board has important work to do,” said Mr. Pearce, whose agency oversees enforcement of the laws governing strikes and unionization drives. “We will continue to perform our statutory duties and issue decisions.”

Unless the Senate confirms future nominees to the board — Senate Republicans have blocked several of Mr. Obama’s board nominees — Mr. Pearce will be the only member left if Friday’s ruling is upheld. The board has five seats.

Representative Darrell Issa, a California Republican who is the chairman of the Oversight and Government Reform Committee, issued a statement that urged the recess appointees to “do the right thing and step down.” He added, “To avoid further damage to the economy, the N.L.R.B. must take the responsible course and cease issuing any further opinions until a constitutionally sound quorum can be established.”

The three disputed recess appointees included two Democrats, Sharon Block, deputy labor secretary, and Richard Griffin, general counsel to the operating engineers’ union; and one Republican, Terence Flynn, a counsel to a board member. Mr. Flynn resigned last May after being accused of leaking materials about the group’s deliberations. Another Republican member, Brian Hayes, stepped down when his term expired last month.

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