[Vision2020] 5/13/2005 Daily News: City code prohibits downtowncollege, board says; If order stands, NSA could be forced to move

Fri May 13 19:09:40 PDT 2005

Saundra,

Below the line is the Daily News policy on use of their news stories, opinions, etc. and also the applicable federal law (reposted for the umpteen time).

One need not fear poor pathetic Dale Courtney.  His web-blot provides convincing evidence of its author's desperate, lifelong, and ultimately unsuccessful struggle with toilet training.

Art Deco (Wayne A. Fox)
deco at moscow.com

___________________________________________________________

Wayne,

You or others in the community are welcome to post Daily News items on V2020.  There are only a couple rules.  One, it's an accurate copy. And, two, complete attribution is provided.

That's it. 

Best regards, Nathan.

  Nathan,

  It has been a practice of several Vision 2020 posters to post either snippets from Daily News articles or in some cases the entire article.  Most of these postings are comment items but occasionally a news item is posted.

  Those of us doing such have assumed, perhaps in error, that we were entitled to do this under the provisions of the fair use clauses of the copyright law.  The purpose of V 2020 is to generate community discussion on a wide variety of issues, many of them local. 

  My question to you is this:  Is it alright for V 2020 contributors to occasionally post items from the Daily News?  If not, do you have any protocol that we should go through first if we want to post?

  Thank you for your attention.

  Wayne

   A. Fox
  waf at moscow.com
  PO Box 9421
  Moscow, ID 83843
  208 882-7975

  ________________________________________________________

  Repost on copyrights:  
  http://straylight.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html

        § 107. Limitations on exclusive rights: Fair use

        Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include- 
        (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 
        (2) the nature of the copyrighted work; 
        (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 
        (4) the effect of the use upon the potential market for or value of the copyrighted work. 
        The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. 

----- Original Message ----- 
From: "Saundra Lund" <sslund at adelphia.net>
To: <vision2020 at moscow.com>
Sent: Friday, May 13, 2005 4:41 PM
Subject: [Vision2020] 5/13/2005 Daily News: City code prohibits downtowncollege, board says; If order stands, NSA could be forced to move

> For those like myself who were unable to attend the hearing last evening,
> below is the Daily News article regarding last night's public hearing.
> 
> Note to Dale "Mr. Moscow" Courtney:  feel free to turn me into whomever at
> the Daily News you perceive to be the copyright police.  Just be sure to
> report back to us the response you receive  :-)
> 
> 
> Saundra Lund
> Moscow, ID
> 
> The only thing necessary for the triumph of evil is for good people to do
> nothing.
> Edmund Burke
> 
> 
> City code prohibits downtown college, board says; If order stands, NSA could
> be forced to move
> 
> By Alexis Bacharach, Daily News staff writer
> 
> The Moscow Zoning Board of Adjustment ruled Thursday that city code
> prohibits New Saint Andrews College from operating downtown. 
> 
> Board Chairman Evan Holmes said the decision is not a referendum against the
> city's only Christian college. 
> 
> "This is not about anyone's opinions about New Saint Andrews' curriculum,
> politics ...or anything like that," Holmes said. "Our zoning administrator
> is given the latitude to interpret the code until some citizen comes out and
> says 'no, I think you've exceeded those bounds.' I always have to side with
> the public. This does need to go through a more rigorous process." 
> 
> City Attorney Randy Fife said New Saint Andrews could be forced to cease
> operations downtown if the order stands, but said it is unlikely. 
> 
> "A number of things can happen from here," Fife said. "New Saint Andrews can
> appeal to the City Council, and that decision can be appealed to District
> Court. Someone could propose to change the zoning code to allow that use in
> the central business district or allow it as a conditional use. Those are
> the most likely outcomes." 
> 
> No one was available this morning at New Saint Andrews to comment about the
> board's decision or how the college will respond. 
> 
> Local residents Charles Nolan, Joseph Hansen and Dustin Bauer filed a
> complaint in January that claimed the college's operations were in violation
> of the city's zoning code, because schools and educational institutions are
> not listed as allowable uses in the central business district. 
> 
> Moscow Community Development Director Joel Plaskon ruled about a month ago
> that the college is allowed downtown, and his order was appealed by the
> complainants to the board of adjustment. 
> 
> "The codes that are adopted by the city are best read together -
> holistically," Plaskon told the board on Thursday. "If you look at all the
> zoning code and the comprehensive plan, to me clearly it is an allowable use
> downtown. The comprehensive plan encourages an interaction between the
> different public and private uses ...it recognizes benefits of students
> being downtown for all the reasons we think it's a nice place to be." 
> 
> According to the zoning code, churches, synagogues, libraries, museums,
> trade schools, public gathering places, police and fire stations,
> restaurants, cafes and similar public and private institutions are allowed
> in the central business district. 
> 
> Plaskon said schools and educational institutions are not "explicitly
> listed," but included as "similar public and private institutions." 
> 
> Moscow lawyer Mike Curley, who represents the complainants, pointed to a
> section of city code that states uses not listed are prohibited. 
> 
> "We're not here about whether New Saint Andrews should be downtown, whether
> they are a good neighbor or an asset to the community," he said. "We may all
> agree that schools and educational institutions should be allowed downtown.
> It can be done by amending the zoning code, but you (the board of
> adjustment) and I dare say Mr. Plaskon cannot do that. The City Council has
> to hold two public hearings, where everybody gets a chance to speak ...apply
> for an amendment to the city code and we'll see what the public wants." 
> 
> New Saint Andrews' attorney Greg Dickison said Curley's and the
> complainants' motivations are personal. 
> 
> "I disagree with Mr. Curley's statement that this is purely legal," he said.
> "This is more personal than it is legal ...I don't think anyone can say that
> we are a bad neighbor, an eyesore, or disruptive. New Saint Andrews does not
> sponsor wet T-shirt contests, fake orgasm contests or drag shows downtown." 
> 
> Holmes said it's irrelevant whether New Saint Andrews is a good or bad
> neighbor. 
> 
> "Schools and educational institutions used to be listed as allowable uses
> and disappeared from the zoning code around 1998," Holmes said. "I don't
> think we can say or Joel can say whether that was an accident. We have to
> assume that was an intentional omission. I think there are enough questions
> here to warrant some kind of citizen review process." 
> 
> Alexis Bacharach can be reached at (208) 882-5561, ext. 234, or by e-mail at
> abacharach at dnews.com. 
> 
> 
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