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Tony Stewart investigation complete; it will go to D.A.’s office



The investigation into the accident that claimed Kevin Ward Jr.’s life on August 9, after he was struck and killed by Tony Stewart‘s car, has been completed by the Ontario County (N.Y.) Sheriff’s office, and has now been reported to the District Attorney’s office.
No results were reported in the case, after a release issued by the office of Ontario County Sheriff Philip Povero.
Here is the official statement:


The Ontario County Office of Sheriff has completed its investigation into the death of Kevin A. Ward, Jr., which occurred August 9, 2014, at the Canandaigua, New York, Motorsports Park. The entire thorough investigation, including a forensic video enhancement recently received from the New York State Police Laboratory in Albany, has been submitted to the Office of the Ontario County District for review. The District Attorney’s Office, which has been meeting throughout the investigative process with members of the Sheriff’s Office, will make a statement late next week advising what action will be taken regarding the investigation.

The Shortsightedness of the Chipotle Walkout

by James (J.G.) Gingery
For those of you who may have missed this tweet yesterday, nearly the entire staff of a Penn State area Chipotle (CMG) resigned in an ill-advised display of workplace activism by locking out their colleagues and posting this poorly proofread signcomplaining about "borderline sweatshop conditions" and accusing Chipotle of being a--Gasp!--profit seeking enterprise. One wonders if this was part of the SEIU's "Fight for Fifteen" pressure campaign that has caused national headlines (and not much else) over the last few weeks.
In it, they include the hashtag #chipotleswag as part of their plea to get this trending. I suppose it worked. For its part, Occupy Wall Street NYC retweeted the image with the quote "they can only push us sooooo far"--that may be true Occupiers, but, there are more of you than jobs, so the tyranny of numbers reigns supreme.
From Yahoo Finance:

"Market forces aren’t on the workers’ side... More than 11 million Americans remain unemployed and many others without jobs have stopped looking for work. So the pool of people qualified to do low-skill jobs is a lot bigger than the number of workers needed, which makes it a buyers’ market."

In other words: these are low-skill jobs, and a wage hike to 15$/hr for the lowest employee compensation l
evel would put the entire restaurant's menu over 9$ an item, as this infographic shows. I say low-skill because Chipotle Corporate controls everything for their locations. There are no franchisee's doing their own calculations. Take a look through their most recent 10-K here: The managers (on location) are in charge of staffing, but inventory and cost tracking and accounting are left to the corporate systems. This is for a number of reasons, most important of which is quality control (thank you, Oracle,) and the sad reality is that these workers are being paid the incremental marginal value of their entire industry; that is, the lowest wage price any member of the low-skill service sector is willing to accept for that job. Everyone would love to be paid 100$/Hr to do anything, but for whatever reason, there exist multitudes of people who are ready, willing, and able to do that same job for under 10$, hell, they may even be willing to do it for less than $7.

Chipotle's "pursuit of profit" is because their price to earnings is currently sitting at 58. Any perceived tangible slowdown in growth, profits, or earnings would tank the stock and crunch their corporate liquidity, which given Chipotle's role as disruptor to the fast-food industry (hence the high P/E), would affect a hell of a lot more people than any wage increase would benefit. Labor is a market and like all free markets it operates on the principle of a voluntary exchange of goods and services, in this case my labor for your dollars. To pay any more than the market value for a service with no quantifiable benefit or even intangible benefit, is charity which although morally commendable, is not the prerogative of a for-profit enterprise. That doesn't mean that for-profit companies shouldn't be charitable it just means that they bear no obligation to do so

Let's game this out:

Say Chipotle acquiesced and raised wages, holding all other variables constant;

The cost of labor will have increased by some degree, therefore, the producer's total expense increased by that proportional degree. In order to record the same revenue, prices must be raised, or one of the inputs (usually number of workers) need to be cut. 

Leading to......

Bueller.....

Bueller.....

Increased Consumer Costs! Layoffs! 

And I can't imagine that even the staunchest "living wage" advocate wants to wait an hour and a half for a 2 person-staffed Chipotle to charge them $11 for their sofritas burrito.

Whatever the reason for their walkout, it's clear this is an issue that has seemed to permeate the national discourse. And so I leave with this final message to those Chipotle employees who were pawns in another man's game:

You've forfeit your livelihood, and what will you have to show for it? There is no long term benefit to raising wages arbitrarily. Even then, you would have been better advised to demand additional compensation in equity, over more dollars. Education, however, is indeed an intangible that could bring its own long term benefits far beyond anything a minimum wage hike would bring.

Maybe it would have been better to demand a corporate human capital investment strategy a la Starbucks education program via Arizona State, rather than accusing your already generous employer (who pays 25% above the national average as a base wage) of forcing you to work in "borderline sweatshop conditions" and that a higher wage would make it better, because I'm not buying it, and you shouldn't have, either.

Why I stayed, and why I left

By Charity Morton

"She only married him because of the money." "I'd take an uppercut to the jaw to get part of 25 mill." "She said she's sorry, so why should he be punished." "If she can move past it why can't we." "B*tch didn't care he hit her, she married him!" I found all these statements on Twitter yesterday. All different people, all with the same view, it was Janay Rice's fault that Ray Rice attacked her.
Would you tell me it's my fault?
Would you tell my mother it's hers?
That we both deserved to be slapped around, that we both deserved to be broken and beaten? Or is it different because our partners were not multimillionaire athletes? Then you wonder why women stay?
It's because we're told it's not really abuse, that it's normal to fight, that he'll change, that God will heal him. We're so convinced that we're not allowed to be hurt by it because "he didn't mean it." or "it was a mistake." Or even worse, that because he didn't actually hit you, that it's not abuse.
No.
A mistake is burning a pizza. A mistake is mixing up there, their, they're. Violently assaulting your life partner is a decision. Breaking down a person's self-esteem to the point that she is dependent on you for everything is a decision. But victims are so convinced that we are in the wrong that we stay. We stay because it's what we know, because it's not easy to turn and say everything is wrong and we need help.
I stayed because it's all I knew. I assumed abuse was normal. My dad abused my mom, my boyfriend abused me. My friends' boyfriends hit them. It was small-town culture at its finest. (It's strange to look at my Facebook feed to see most every "like" on the domestic violence statistics I've posted has come from someone from my small town – all girls who have been through it themselves.)
But it wasn't normal. And it wasn't right.
I know that now because I left. I found strength in numbers, in people who had been through the same. I left because I knew I wanted children and they deserved to have a life where this wasn't the norm. I left because I did deserve better.
So today on Twitter I scrolled through my timeline wondering why all these people were so quick to victim shame and I realized it's because they don't understand domestic violence. They don't understand that one out of every four women will be subjected to some type of abuse. That in most cases the victims are so convinced it's their fault that they take the blame, even when clearly it's not their fault, and most times don't even report it. In fact it takes a victim an average of 35 hits to report abuse. 35 hits – think about that.
That's why I'm standing up today, to say that it can happen to anyone. Domestic violence knows no age, race, gender, social economic standing, nothing. It can happen to anyone and it doesn't just end when you leave. The physical and mental scars will follow you the rest of your life. Yes, I stayed because I didn't know better. But I left because I deserved better.
Charity Morton is a server/bartender who lives in Anderson Township with her husband and two children. Follow her on Twitter at @ThisisCharity

U2 Releases New Album for Free on iTunes




The company made the announcement after the band performed at the end of the company’s two-hour press event, where it unveiled larger iPhones and the first Apple Watch, its foray into the wearable tech market.
SEE ALSO: Apple Unveils Larger iPhone 6 and iPhone 6 Plus
“From the very beginning U2 have always wanted our music to reach as many people as possible, the clue is in our name I suppose—so today is kind of mind-blowing to us. The most personal album we’ve written could be shared with half a billion people… by hitting send. If only songwriting was that easy,” said U2 lead singer Bono. “It’s exciting and humbling to think that people who don’t know U2 or listen to rock music for that matter might check us out. Working with Apple is always a blast. They only want to do things that haven’t been done before—that’s a thrill to be part of.”
Apple is offering the U2 album to every iTunes customer (500 million worldwide) in 119 countries.“Songs of Innocence” features 11 new songs from the band. It’s the Irish rockers’ first studio album in five years.
Apple and U2’s surprise offer crashed the company’s servers shortly after the announcement.SEE ALSO: Apple Launches First Apple WatchFILED UNDER:   Apple Apple Watch Iphone Itunes U2


    What is the Difference Between Successful and Unsuccessful People?

    by Aubrielle Billig
    John Paul DeJoria, billionaire behind brand names such as Paul Michell hair products and Patron tequila, has a peculiar definition of what a ‘successful’ person is. In a true life ‘rags to riches’ story, DeJoria has proven that hard work can make all the difference.
    In a video interview with Business Insider, DeJoria (pictured above, left) reveals a secret which he learned while working at a dry cleaning shop. As it turns out, the difference is simple:
    “Successful people do all the things that unsuccessful people don’t want to do.”
    While working at the shop, he reveals he was paid a meager $1.25 an hour preforming repetitive and time consuming tasks. “And I was happy,” he laughs. He worked hard and did the jobs that no one else wanted to do. And eventually, the owner of the shop noticed.
    According to the interview, the secret is how well you do your job – while no one is watching.
    In his ‘spare time’ at work, he would perform small odd jobs around the shop like sweeping or cleaning the shelves. Tasks that he was not directly responsible for.
    After noticing the extra work DeJoria was doing around the shop, his boss took him aside and rewarded him with a raise – to $1.50 an hour.
    Monetary values aside, the moral of the story remains: Successful people do their jobs above and beyond what’s expected, even when the boss isn’t looking. It’s this drive and mentality that helps to push them to succeed.
    Today DeJoria earns much more than $1.50 an hour, raking in more than $1 billion in revenue annually from his many business ventures. Although his start was rough, and he was actually homeless twice before finally making it with his Paul Michell line of hair products, he has proven that the key to success is hard work, determination and perseverance.
    Image: PaulMitchell.com

    Bill Murray supports an all-female Ghostbusters team


    Kwame Opam
    While the long-rumored Ghostbusters reboot isn't a done deal quite yet, Bill Murray weighed on the possibility of female Ghostbusters and seems more-or-less in favor of it. 

    During this weekend's "Bill Murray Day" at the Toronto Film Festival, the former Dr. Venkman told the Toronto Star that he's fine with the idea. "I would go to that movie," he said, "and they'd probably have better outfits, too."

    Murray even went so far as to suggest Melissa McCarthy, Kristen Wiig, Linda Cardelini, and Emma Stone as potential Ghostbusters for the still-in-development Paul Feig reboot. Of course, all this means he's almost sure to not make even a cameo. Which is still a bummer, all things considered.

    Joan Rivers, Legendary Comedienne, Dies at 81

    by Duane Byrge , Mike Barnes

    Spurned by Johnny Carson, the pull-no-punches celebrity rallied time and again to reinvent herself as a reality star and fashion critic

    Joan Rivers, the blunt, tart-tongued celebrity and talk show host who reconstructed her career time and time again en route to becoming one of the most memorable female comics of all time, has died. She was 81.

    The breakthrough standup comic, writer, actress, fashion critic, red-carpet doyenne, gossip and businesswoman died Thursday at 1:17 p.m. local time at Mount Sinai Hospital in New York, her daughter Melissa announced. She was rushed there Aug. 28 and placed on life support after she suffered from respiratory and cardiac arrest during surgery on her vocal cords in a doctor's office.
    "My mother’s greatest joy in life was to make people laugh. Although that is difficult to do right now, I know her final wish would be that we return to laughing soon," Melissa Rivers stated. 
    RELATED:
    Can we talk? Starting out as a gag writer, the Brooklyn native poked fun at her fondness for plastic surgery, never pulled a punch in a bid for a laugh and insulted just about everyone — no one was off-limits — to forge an impressive, and somewhat notorious, show business legacy. 
    Johnny Carson designated her as the first permanent guest host for The Tonight Show, and she stood in for him from 1983-86. But when Rivers signed with the then-fledgling Fox network to hostThe Late Show — a groundbreaking move for a woman — and thus go opposite Carson, he considered it an act of betrayal and refused to speak to her again.
    “The first person I called was Johnny, and he hung up on me — and never, ever spoke to me again,” she told The Hollywood Reporter in December 2012, “and then denied that I called him. I couldn’t figure it out. I would see him in a restaurant and go over and say hello. He wouldn’t talk to me.”
    Ironically, Rivers was a help to Carson when he was entertaining an idea to leave The Tonight Show in the early 1980s to start a late-night franchise at ABC.
    According to a 2013 memoir by Carson’s former lawyer Henry Bushkin, Rivers and her husbandEdgar Rosenberg hosted a clandestine meeting in their Beverly Hills home in which ABC execs pitched Carson on the move.
    “I know this is top secret shit you guys are going over,” she says in the book. “I let all the staff off. No one else is in the place, so feel free to talk about your secrets — how much Barbara Walters makes, how much you have to pay plastic surgeons to keep Joan Collins’ boobs off the floor.”
    After her Fox show plunged in the ratings and was canceled after just eight months, she hosted the syndicated Joan Rivers Show for five years and won an Daytime Emmy in 1990. She did not return toThe Tonight Show until February, for Jimmy Fallon’s debut.
    In 1987, a few months after the end of The Late Show, Rosenberg, who managed her career and produced her Fox show, committed suicide.
    Rivers and Melissa in 1994 began hosting E! Entertainment’s red carpet show for the Golden Globes, and that led to their Fashion Police specials for the network. In 2004, she signed a lucrative three-year deal to cover carpets for the TV Guide Channel.
    Rivers returned to E! for the reboot of Fashion Police as a half-hour series (and recently got into a messy tiff with the WGA over the non-union show). She and Melissa later starred in the reality series Joan and Melissa: Joan Knows Best?
    She launched a TV Land reality series in 2009, How'd You Get So Rich?, a glimpse at the personal world of self-made multimillionaires. Her ancillary endeavors were vast: She launched the Joan Rivers Classics Collection of Jewelry on QVC in 1990 and a line of beauty products in 2000, including her signature fragrance, Now and Forever.
    The revealing 2010 documentary Joan Rivers: A Piece of Work followed her around for 14 months, around the time she emerged victorious on Donald Trump’s Celebrity Apprentice.
    More recently, Rivers guest-starred as herself on the FX plastic surgery drama Nip/Tuck, had sex with Louis C.K. on a 2011 episode on Louie and worked in the movies The Smurfs and Iron Man 3.
    She was born Joan Alexandra Molinsky on June 8, 1933, in Brooklyn, the daughter of Russian-Jewish refugees. Rivers became interested in performing and at age 11, she sent her photograph to MGM. 
    Rivers attended the Adelphi Academy preparatory school in Brooklyn, and after graduation, landed a role as a teenager in the crowd in the 1951 movie Mister Universe. She attended Connecticut College for Women and, later, Barnard College, where she studied English and anthropology and graduated Phi Beta Kappa in 1954. 
    Rivers got a job in the shoe department at Lord & Taylor and progressed to fashion coordinator of Bond clothing stores. But she decided to pursue acting and appeared in a play titled Seawood on the Upper East Side of Manhattan as a knife-wielding lesbian with a crush on a character played by a then-unknownBarbra Streisand.   
    She gained exposure in Broadway USA, a 1960 show for the USO, and landed a gig with the Chicago-based improvisational acting troupe Second City, where she honed her now-familiar character of a neurotic Jewish woman. She returned to New York in 1962 and performed at such clubs as The Bitter End; started a comedy tour with Jim Connell and Jake Holmes; and signed a long-term, solo performance deal with a club called The Duplex.
    In 1965, she landed a gig as a gag writer/participant on CBS’ Candid Camera and appeared for the first time on The Tonight Show, then hosted by Jack Paar. Later, she made appearances on The Ed Sullivan Show and other talk/variety shows.
    Her contemporaries when she was starting out included Woody Allen, George Carlin, Richard Pryor, Bill Cosby, Rodney Dangerfield and Dick Cavett.
    “Everybody broke through ahead of me,” she told THR. “I was the last one in the group to break through, or to be allowed to break through. Looking back, I think it was because I was a woman. Because in those days, they would come down to the Village and look at you for Johnny Carson. I was the very last one of the group they put on the Carson show.”
    Rivers wrote and directed the 1978 feature comedy Rabbit Test, starring Billy Crystal as man who gets pregnant.
    She voiced the baby in the John Travolta-Kirstie Alley box-office hit Look Who’s Talking (1989) and was heard in Mel Brooks’ Spaceballs (1987) as a character called Dot Matrix. She also appeared in such films as The Swimmer (1969), The Muppets Take Manhattan (1984), Serial Mom (1994), Goosed (1999) and Shrek 2 (2004) and on the TV series Suddenly Susan, Curb Your Enthusiasm, The Simpsons andHot in Cleveland.
    For the stage, she co-wrote and starred in Joan Rivers: A Work in Progress by a Life in Progress at The Geffen Playhouse in Westwood.  It later had successful runs in Edinburgh and London. And she released comedy albums, including the Grammy-nominated What Becomes a Semi-Legend Most? in 1997.
    In 1984, she penned The Life and Hard Times of Heidi Abromowitz, a New York Times best-seller based largely on her comic persona. Her other books included Men Are Stupid and They Like Big Boobs andMurder at the Academy Awards: A Red Carpet Murder Mystery.
    “If there is a secret to being a comedian, it’s just loving what you do,” she told THR in 2012. “It is my drug of choice. I don’t need real drugs. I don’t need liquor. It’s the joy that I get performing. That is my rush. I get it nowhere else.
    “What pleasure you feel when you’ve kept people happy for an hour and a half. They’ve forgotten their troubles. It’s great. There’s nothing like it in the world. When everybody’s laughing, it’s a party. And then you get a check at the end. That’s very nice.”
    Survivors also include her grandson Cooper.