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Leasing News is a web site that posts information, news, and
entertainment for the commercial alternate financing,
bank, finance and leasing industries

Credit Analyst
Norwalk, Ct.
Remote Location Considered

2 Years Min. Experience

Collateral knowledge of over-the-road trucking assets, construction equipment, material handling,
vocational units and machine tools is desired

Call Maria Borges-Lopez: (203) 354-6090 or e-mail
your resume to

Please click
for more information
Providing small-ticket equipment financing for businesses across the country through our dedicated referral source network

Wednesday, March 20, 2019

Today's Leasing News Headlines

Lawsuit for Website for Disabled Revived
  by Ninth Circuit - What's Next?
      By Tom McCurnin, Leasing News Legal Editor
February, 2019   The List
   The Good, the Bad and the Ugly
Credit Analyst Wanted
   Connecticut or Work Remotely
All the Technology in the World
    Cannot Replace Shaking a Hand
Letters!  We get Email!
 Monitor Magazine/Dave Schaefer/Barry Marks/Jim Jackson
DBO Moves to Void Loans and Revoke
   Licenses of Auto Title Lender Fast Money Loan
German Shepherd
  Federal Way, Washington  Adopt a Dog
5th Annual Conference & Exhibition
  October 4 - 6  NACLB  Las Vegas
News Briefs---
Jamie Dimon: The U.S. economy should have grown 40%
  in the last decade, not 20%
Jobs coming to Georgia
  as massive battery factory breaks ground
Declining Sales, Growing Inventory Continue
    to Move in Direction of Buyer's Market
Shopko to close remaining stores in June
  will affect an additional 5,000 employees
Hawaii bills push 1st state ban on plastics in restaurants
 first state in the U.S.
AP analysis shows ‘clear sign’
  of human-caused climate change

Broker/Funder/Industry Lists | Features (wrilter's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
Leasing News Icon for Android Mobile Device

 You May have Missed---
  Sports Brief----
   California Nuts Brief---
     "Gimme that Wine"
     This Day in History
       Daily Puzzle
         Weather, USA or specific area
          Traffic Live----

######## surrounding the article denotes it is a “press release,” it was not written by Leasing News nor has the information been verified. The source noted. When an article is signed by the writer, it is considered a “byline.” It reflects the opinion and research of the writer.

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Lawsuit for Website for Disabled Revived
  by Ninth Circuit - What's Next?

By Tom McCurnin
Leasing News Legal Editor

Case Was Revived Even If Department of Justice Has No Standards
for WebSite Access for the Disabled.

Robles v Domino’s Pizza 16 cv 06599 (9th Cir. 2019)

Three years ago, a visually impaired person filed suit against Domino’s Pizza for failure to design a website which was accessible to visually impaired persons. The suit was based on the federal ADA statute as well as a California state statute authorizing such suits for blind or disabled persons. The problem with the lawsuit was that there are no standards for a website to be compatible with the ADA, as those details are left to the Department of Justice to develop with advisory opinions (The DOJ is charged with issuing regulations concerning the implementation of the ADA). The trial court threw out the lawsuit on that basis and the Ninth Circuit just reinstated the case, presenting enforcement questions for the trial court. How can you sue on disability standards when there are none? The facts follow.

Guillermo Robles is blind and, in 2016, tried to access the Dominos website to order two pizzas.  While he has software applications which read websites for the blind, the Domino’s site was incompatible with that software. The software for the visually impaired is called WCAG (Web Content Accessibility Guidelines) and is a private trade group which has industry standards for this type of software. He sued Dominos.

The trial court held that while the ADA laws apply to websites, because there were no guidelines enacted by regulation through the Department of Justice, imposing liability without specifying a particular was a violation of due process. In the district court’s view, therefore, only the long-awaited regulations from DOJ could cure the due process concerns, so it had no choice but to dismiss the action.  Robles appealed.

On appeal to the Ninth Circuit, there were three issues.

First was whether the ADA applied to websites at all. The Ninth Circuit agreed with the trial court that the ADA does apply to websites and that businesses are legally required to provide auxiliary aids and services to make visual materials available to individuals who are blind. The inaccessibility of Domino’s website and app impedes access by disabled persons. In essence, the Ninth Circuit held that there is a nexus between the local store and the website, both of which are places of public accommodation. 

Second was the due process argument. Simply stated, Dominos argued that while it had notice that its website had to comply with the ADA, it would be impermissible to order remedies to the website without guidance and standards. The Ninth circuit held the case was its infancy in the pleading stage. Thus, the plaintiff could argue or suggest remedies after discovery. The Ninth Circuit also speculated that the failure of the DOJ to enact standards might be purposeful. The result might have been intentional—to let the district courts flexibly impose their own standards. In any case, the lack of specific regulations cannot eliminate a statutory obligation. 

Third is a technical concept of primary jurisdiction, a concept whereby the district court can stay an action while waiting for an administrative agency to provide guidance. The Ninth Circuit held that while the concept of primary jurisdiction is all well and fine, the DOJ is well aware of its lack of regulatory rule making and that the Plaintiff cannot sit on the sidelines for years waiting for regulations which may or may not ever come.

Thus, the court reversed the trial court and reinstated the lawsuit, leaving it up to the district court whether Domino’s website and app provide the blind with effective communication and full and equal enjoyment of its products and services under the ADA. Disabled blind person won, Dominos lost.

What are the takeaways here? 

First, Last Year I Warned Readers About ADA Access to Websites, Get Your Website in Order Now. It is likely that some of the private standards WCAG will be adopted by courts, so businesses with websites should insure that their webmasters are aware of WCAG and are working to make your site compatible. 

• Second, How Much of WCAG to Comply With Is Unknown. At the minimum, your web site should be readable by WCAG and refer the reader to a phone number. Websites which offer more interaction and choices will have more problems complying with WCAG. 

Third, I get it that all regulations are bad and that no regulations are good. But the failure to provide some very minimal guidance will simply empower district courts with the power to structure remedies to target websites. The decisions by the various district courts on this issue could contradict with each other. For me, I’d rather have some modest regulations which would provide some bare bones basic guidance for websites, rather than open field running by district courts. 

The bottom line is that your website is at risk. I can’t advise you how to fix it but WCAG would provide some guidance for your webmasters. Do this before you get sued. 

Web Content Accessibility Guide

Robles v. Domino’s Pizza Case

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Visit our web site at
Previous Tom McCurnin Articles:

Previous Tom McCurnin Articles:




February, 2019   The List
The Good, the Bad and the Ugly

Financial Pacific, Federal Way, Washington (02/19) Terry Jennings, CLFP, Promoted to President Financial Pacific Leasing, Umpqua Bank Subsidiary

OnDeck, New York, New York (02/19) Expands Management with Experienced Risk, Partnerships and Marketing Executives (2/18) OnDeck Capital (ONDK) CEO Noah Breslow  on Q4 2018 Results - Earnings Call Transcript

AP Equipment, Bend, Oregon (02/19) Enbom Announces AP Equipment Financing Moving from California to Oregon

Rapid Advance, Bethedsa, Maryland (02/19) Rebrands to Rapid Finance

Marlin Business Services, Mount Laurel, New Jersey (02/19) Changes Name and Logo Now "Rebranding" as Marlin Capital Solutions (2/19) 2018 Results Earnings Call Transcript Highlight



All the Technology in the World
Cannot Replace Shaking a Hand

Sales Makes it Happen by Scott Wheeler, CLFP

Successful originators in the commercial equipment leasing and finance industry know there is no substitute for an in-person meeting with a valuable vendor or end-user. In today's high-paced environment, technology allows us to communicate efficiently with vendors and end-users. Relationships and transactions are often consummated with little or no in-person contact. To save time and money,  it is no longer practical to meet every client - to visit vendors on a weekly or monthly basis. However, all the technology in the world cannot replace shaking a hand, taking a facility tour, meeting the team, or having dinner with a "golden account."   

When describing top relationships, seasoned originators often point to a pivotal meeting when all of the decision makers gathered together and formalized a large program, a formal agreement, or a conceptual ideal. Recently, an originator explained how an informal, "Thank you for your business," lunch turned into a new opportunity and the largest single-funded transaction that the originator had funded in his twenty- year career. The originator is convinced that the in-person lunch sealed the deal and won the relationship. Originators often relate how they met multiple vendors and end-users at trade shows. They solidified long-term relationships and were introduced to strong new contacts within a one-or two-day period.

In-person meetings, trade shows, lunches, dinners, flights, hotels, etc. can be expensive propositions in both time and money. Therefore, in-person visits should:

  • Have a justifiable purpose
  • Be well planned 
  • Have defined objectives
  • Be confirmed with decision makers
  • Have measurable results
  • Be an efficient use of time and money

 An in-person meeting is an important learning experience for an originator. It allows him to better engage with the market, test his proficiency, enhance his communication skills, and improve his overall knowledge about the vendors and end-users that he serves. In-person meetings will re-energize an originator's efforts.

Scott A. Wheeler, CLFP
Wheeler Business Consulting
1314 Marquis Ct.
Fallston, Maryland 21047
Phone: 410 877 0428
Fax: 410 877 8161

Sales Makes it Happen articles:


Leasing Industry Help Wanted

Credit Analyst
Norwalk, Ct.
Remote Location Considered

2 Years Min. Experience

Collateral knowledge of over-the-road trucking assets, construction equipment, material handling,
vocational units and machine tools is desired

Call Maria Borges-Lopez: (203) 354-6090 or e-mail
your resume to

Please click
for more information
Providing small-ticket equipment financing for businesses across the country through our dedicated referral source network


Letters!  We get Email!
Monitor Magazine/Dave Schaefer/Barry Marks/Jim Jackson


Did you see this Q&A with Jerry Parrotto
in the latest issue of the Monitor?
It is great that Jerry appreciated your recognition so much.

  Bruce Kropschot

"What’s something that has recently surprised Jerry Parrotto?”

"I was both surprised and humbled to be informed that Kit Menkin, editor of the rival electronic industry publication Leasing News, would be so bold as to name me as “2018 Leasing News Person of the Year.” I was further impressed that Kit would proceed to expound upon the content of our various magazine features and e-mail newsletters in the text of his announcement. Finally, I was personally touched that my 18-year old son, who’s a freshman at Rochester Institute of Technology, would be so proud of his ‘old man’ to boast about this recognition to his college classmates."

“As you know Dave Schaeffer is the principal controlling owner of Orion First and Mintaka Financial, a past ELFA chairman and a past Alta Summit attendee. As of this week he is now ‘book-ended’ by a famous son in addition to the fame of his late father. Dave’s son Mikey is a climber / photographer / cinematographer. This past Sunday he earned an Oscar for his work on FREE SOLO – which won an Academy Award for best documentary feature.

“And you probably also know that Dave’s late father Air Force Colonel Thomas E. Schaefer was the ranking military officer in the American Embassy in Iran who was held hostage for 444 days from mid-1979 to early 1981). (I was privileged to hear Colonel Schaefer speak at his last public presentation at a NEFA event).  

“And I suspect (but that is only a hunch) Mikey was the inspiration if not also the photographer of the current Orion First print advertisement photo.

Dave Werner

 "As the kids like to say I laughed out loud!
(Can’t bring myself to use LOL)"

Hugh Swandel
The Alta Group 

Sales Makes it Happen by Scott Wheeler, CLFP
Personalize that Credit Decision

"As a GM or VP, Sales, I made it a point to speak to the company’s portfolio quality targets as the driver of our origination efforts.  The idea, in the vernacular of the strike zone in baseball, was to get them to understand the edges – high, low, inside and outside – because we know the ones over the plate will be approved.

"The strike zone is A-B in some firms, Cs or stories in others.  With input from our risk managers including credit, we took the time to understand what may be considered on those edges – painting the black – and what is definitely a non-starter.  Those parameters were always expressed in terms of pay habits, time in business, lines of business, collateral, debt ratios, margins, etc.

"All of this was undertaken to not only identify the possibles but to clearly identify those deals that are a waste of time and not to be considered.  We didn’t want to clog an already stressed credit team with deals that had no chance, stressing quality over activity.

"One of the compensation components was always close ratio over applications submitted and it has proven to be a material driver to our success."

Ralph Mango

When is a Company a Broker
  or Just a Referral Source?
    By Tom McCurnin, Leasing News Legal Editor

"Tom’s article raises an interesting question regarding the difference between “brokers” and “lease originators” (aka, lessors): Should a lessor who documents a deal on its own paper and assigns it to a funder (either as a nonrecourse borrowing or an outright assignment) take a greater portion of the risk of fraud than a broker, who refers business and arranges for the funder/lessor’s documents to be signed in a pure broker transaction? In other words should brokers’ rep’s and warr’s be “to best knowledge” and other originators’ be absolute?

"I say “should” because the parties agree to the assignment of risk in the contract. Whatever the contract says, rules. There are plenty of cases where an unqualified representation results in liability whether the representing party knew or could know the representation was false."

"A well-known veteran of the business even older than I am used to say he would let brokers represent to the best of their knowledge “but if you are selling me your deal you better stand behind it.

"I have written plenty of broker agreements and lessor assignments that have qualified or unqualified representations and warranties. I do not believe there is a “right or wrong” here. Many brokers simply don’t read or understand the contracts as well as they should. Some funders use outmoded or poorly-drafted agreements without realizing they are relying on the originator to do more than it is actually doing.

"The main thing is for everyone to read Tom’s article and then go back and read his or her contracts. Y’all may be in for a surprise that is better shocking you now than when you lose out."

Barry Marks, Esq., CLFP

 Pacific Rim Capital 49% stake acquired
    by Fuyo General Lease, "a leading Japanese lessor"

"As I mentioned previously, thank you again for the great coverage on the story and the inclusion of the Alta group as the advisor to FGL and why we thought FGL was a great fit for PRC.  I think your articles will often times do a much better job of providing the backstory as to why someone did something as opposed to the main stream discussion which is mostly just vanilla facts and a broad brush stroke on what happened the previous day in the leasing industry.

"Not surprised it was one of the top ten stories.


Jim (Jackson)
The Alta Group

Adopt-a-Dog comment

"We never let our dogs on furniture either. Males and Females are very different. Skye is our first female and while she’s great, she’s also a little more stubborn and aloof than the guys ever were. One breeder once told me the difference between male and female dogs is the Males wag and say “I love you, I love you, I love you” and females say ‘Love me, Love me, Love me.’  My response was ‘So, It’s the same as humans.’. She and my wife weren’t thrilled but also didn’t disagree."

Jeff Rudin
Quail Capital

"What I love about these articles you publish from time to time, is that they highlight the importance of reading the fine print on contracts when dealing with lenders. Get a written assurance in writing, stating that when you pay your final installment, ownership of your financed equipment reverts back to you. The names of lenders with contracts containing the so called 'evergreen' clause must be highlighted and broadcast to all and sundry..... and Leasing News is the best (and only) newsletter doing just that... Thank you Kit."

Francois van Reede

"I have enjoyed leasing news for several years."

Aaron Gehlken



##### Press Release ############################

DBO Moves to Void Loans and Revoke
Licenses of Auto Title Lender Fast Money Loan

SACRAMENTO The California Department of Business Oversight (DBO) filed an action to void loans and revoke the licenses of Fast Money Loan, a prominent Southern California auto title lender, for numerous and a repeated violation of the state’s lending laws.

The Long Beach-based lender routinely charged customers more interest and fees than permitted by law, failed to consider borrowers’ ability to repay as required, openly used its illegal lack of underwriting as a marketing tool, engaged in false and misleading advertising, operated out of unlicensed locations, and failed to maintain required records that would document its illegal activity, the DBO’s accusation alleges.

In addition to the formal accusation, the DBO also has commenced an investigation to determine whether the more than 100 percent interest rates that Fast Money charges on most of its auto title loans may be unconscionable under the law. On August 13, 2018, the California Supreme Court issued an opinion in De La Torre v. CashCall, Inc. affirming the power of the DBO “to take action when the interest rates charged [by state-licensed lenders] prove unreasonably and unexpectedly harsh.”

The DBO found in two separate examinations that RLT Management, Inc., which does business as Fast Money Loan at a purported 31 locations statewide, leveraged fees that borrowers owed to the Department of Motor Vehicles to push those borrowers’ loan amounts above $2,500, the threshold at which state interest rate limits no longer apply, the DBO alleges.

State law caps interest rates at about 30 percent on auto title loans of less than $2,500. Fast Money added fees, paid to the DMV, to loans’ principal amounts to push those loans above $2,500 and beyond the rate caps. From 2012 through 2017, Fast Money reported to the DBO that it charged more than 100 percent interest on about three-fourths of its auto title loans.

During that same period, Fast Money made about 1 percent of all auto title loans under the California Financing Law (CFL) but carried out 5 percent of the auto title loan repossessions in the state. In each year from 2014 through 2017, Fast Money conducted auto title loan repossessions four to five times more often – almost two vehicles a day – than the average CFL auto title lender.

Among the illegal fees DBO examiners discovered was a duplicate-key fee that Fast Money collected to make sure it always had a key to make repossessions easier. Fast Money made a profit on each key fee, which the lender failed to report and collected in advance, both violations of state law, the DBO alleges.

State law requires CFL lenders to evaluate whether borrowers have the ability to repay auto title loans under terms of the contracts. Instead, Fast Money Loan appealed to consumers with advertising touting that the lender did not review or care about credit histories. The lender also had agreements under which other lenders referred to Fast Money borrowers those lenders deemed “too risky,” the DBO alleges.

“No matter what your credit is like, we’re happy to provide you with a loan based on the value of your vehicle,” a Fast Money advertisement states. “In fact, we don’t even check your credit.”

In 2013, the DBO warned Fast Money that it was making loans from unlicensed locations in violation of state law. Nonetheless, the lender’s website currently claims Fast Money has 31 locations “throughout ... California,” although it is licensed for just 12 locations.

In addition to revoking Fast Money’s CFL licenses, the DBO seeks to void all loan contracts on which the lender received interest rates and fees prohibited by state law, and to require the company to forfeit any interest and fees owing on loans that violated state law.

The DBO licenses and regulates more than 360,000 individuals and entities that provide financial services in California. The DBO’s regulatory jurisdiction extends over state-chartered banks and credit unions, money transmitters, securities broker-dealers, investment advisers, non-bank installment lenders, payday lenders, mortgage lenders and servicers, escrow companies, franchisors and more.

### Press Release ############################


German Shepherd
Federal Way, Washington  Adopt a Dog


7 Years Old
Color: Red/Golden/Orange
Chestnut-with Black
House Trained
Good with Kids
Shoots Up to Date
Good with Dogs

"Meet sweetest boy, Hunter. This lovely dog is so sweet and gentle. Poor Hunter was confiscated from an animal cruelty situation and his owner was arrested. Despite the mistreatment by his previous owner, he continues to love people unconditionally. Hunter is wonderful with other dogs and is very good with all ages and types of people. He is about 6-7 years old, well behaved and just a nice, nice dog. He will be arriving to WA to rain rescue around March 23rd and we would love to have a potential home lined up for him to settle in to right away. He is currently in S. California.

"He is already neutered, up to date with vaccines, and microchipped. "

His adopt fee is $295

Please submit an application here as the first step:

Rescuing Animals in Need
Federal Way, Washington 98923

If you are interested in adopting a dog, please follow this link to submit online:

It is imperative that you complete the entire application and be 100% open and honest. We do verify information on the application such as residence status, veterinarian reference etc. Only applicants that are best suited for the animal will be considered and will proceed to the next step of the adoption process.

We do adopt to out of state adopters, however, you must travel here to Western WA to pick up your potential new dog or cat. We do not allow any of our animals to fly commercially, be picked up or transported by anyone other than the adopters. It’s important that the dogs and cats are met by the potential adopters in person prior to adoption.
Dog Adoption Fee Includes:
Spay/neuter (excludes puppies under 4 months of age)
DA2PP, Bordetella vaccines
Rabies vaccine for dogs over 4 months
De-wormer and flea treatment

"Like" us on Facebook!

To Find a Specific Breed near where you live,
 from more than 17,000 animal shelters & rescues:


5th Annual Conference & Exhibition
October 4 - 6  NACLB  Las Vegas Westin

Over 800 of the nation’s top commercial loan, leasing and mortgage brokers and lenders will converge on the Westin Lake Las Vegas Resort & Spa on October 4-6, 2019 to meet the top lenders and service providers that cater to the brokerage community. These brokers are responsible for over $5 billion in small business and commercial financing each year.


Keynote Speaker

Robert J. O'Neill

Former SEAL Team Six Leader and Man Who Killed Osama bin Laden, Naval Special Warfare Development Group, and New York Times Best-Selling Author.

Among the other speakers are Ken Greene, Esq., well-known Leasing News Advisor and Contributing Writer, speaking on Broker Licensing.

Register Now

The Westin Lake Las Vegas Resort & Spa
Our Discounted room rate is $199.
This discounted rate will end October 2019

Full Information:



News Briefs----

Jamie Dimon: The U.S. economy should have grown 40%
     in the last decade, not 20%

Jobs coming to Georgia
  as massive battery factory breaks ground

Declining Sales, Growing Inventory Continue
    to Move in Direction of Buyer's Market

Shopko to close remaining stores in June
will affect an additional 5,000 employees

Hawaii bills push 1st state ban on plastics in restaurants
 first state in the U.S. to ban most plastics at restaurants

AP analysis shows ‘clear sign’
  of human-caused climate change



You May Have Missed---

How Did the F.A.A. Allow the Boeing 737 Max to Fly?


Spring Poem





words move in the air

your hands move

time moves

but not here



you are talking

but my ears stopped at 10:46

when your kind

caring executioner’s eyes

met mine

and that word from your lips

cut like a scalpel through my breast.


Barry Marks

"Dividing by Zero"  108 Pages $15.26 Paperback


Sports Briefs---

Watch Stephen Curry Drain Longest 3-Pointer
  of the NBA Season vs. Spurs  22 seconds

Mike Trout, Angels close to record $432 million, 12-year deal

Raiders cut Donald Penn, their longest-tenured player

Randall Cobb agrees to one-year contract with Cowboys


California Nuts Briefs---

California military bases could lose up to $1.1 billion
   under Trump’s border wall plan

California is growing so much marijuana
   it could crash the market

DA declines to charge SF Giants CEO Larry Baer
  over altercation with wife



“Gimme that Wine”

Vintage Wine Estates buys Laetitia Vineyard & Winery
  on California Central Coast

North Coast wine grape season off to delayed start
   after wet, cool winter

Champagne Shipments to U.S. Increase for Sixth Consecutive Year

Small wineries underpin Northwest industry's growth

2018 Sommelier Contest Winners Announced
 by Conegliano Valdobbiadene Prosecco Superiore D.O.C.G.

Can This Millionaire Wine Mogul Turn a San Francisco
   Island Into a Hipster Napa Alternative?

Walla Walla "Springs" to Life With the Changing of the Seasons

Free Wine App

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in History

     1723 - Benjamin Franklin, discontent with the manner in which his brother treated him, left Boston and settled in Philadelphia.
    1760 - The great fire of Boston destroyed 349 buildings in the area between the modern Washington Street and Fort Hill as well as several ships in port, and left over a thousand people homeless. 
    1816 – The Supreme Court affirmed its right to review state court decisions.  In Martin v. Hunter's Lessee, the Supreme Court asserted its authority under Section 25 of the Judiciary Act of 1789 to review state court decisions dealing with federal law. In so doing, the Court rejected the notion of dual judicial sovereignty, in which the state courts and the federal courts have separate and independent domains of power, and instead asserted the primacy of federal courts over federal law. 
    1852 - Harriet Beecher Stowe's classic book was published. "Uncle Tom's Cabin," subtitled "Life Among the Lowly," became an instant success, selling 300,000 copies in its first year. It has been translated into twenty languages and performed as a play the world over.
    1863 - A distant relative, Adah Isaacs Menken, a lovely and much talked about actress, scored a spectacular triumph in Virginia City, Nevada, with her performance in “Mazeppa,” or “The Wild Horse.” At the climax of the show, she was strapped to the back of a wild horse and, in a flimsy gauze garment, driven up a mountain trail. The audiences of miners stood on their chairs and cheered wildly. Virginia City was so impressed that it named a new mining district, the Menken, and established a Menken Shaft and Tunnel Co.
    1868 - Jesse James Gang robs bank in Russellville, KY of $14,000
    1889 - A New York sporting goods house receives an order for bats, balls, and other baseball equipment from Mr. Hiroka of Tokyo. In his letter, he says that baseball "has been played there for several months" and that a baseball association would soon be organized.
    1897 - The first men's intercollegiate basketball game to use five players per team was held in New Haven, CT. Yale beat Pennsylvania by a score of 32-10.
    1906 – Birthday of Ozzie Nelson, born Oswald George Nelson (d. 1975), Jersey City, NJ.  A football player at Rutgers, he attended Rutgers Law School and played saxophone part-time.  During the Depression, he turned to music as a full-time career. He formed the Ozzie Nelson Band, and when the New York Daily Mirror ran a poll of its readers to determine their favorite band, they edged out Paul Whiteman and were pronounced the winners.  From 1930 through the 1940s, Nelson's band recorded prolifically. Nelson was their primary vocalist and, from August, 1932, featured in duets with his other star vocalist, Harriet Hilliard, who became his wife in 1935. In the 1940s, Nelson began to look for a way to spend more time with his family, especially his growing sons. Besides band appearances, he and Harriet had been regulars on Red Skelton’s radio show.  He developed and produced his own radio series, “The Adventures of Ozzie and Harriet.” The show went on the air in 1944, with their sons played by actors until 1949.  In 1952, it moved over to television (the radio version continued for another two years). The TV show starred the entire family, and America watched Ozzie and Harriet raise their boys, David and Ricky. The last television episode aired in 1966.  This may have been television’s first reality TV!
    1907 – San Francisco Assistant District Attorney Francis Heney's office sends 65 indictments against political boss Abe Ruef to the grand jury rooms at Gough and Geary street. Judge Coffey orders bail to be set at $10,000 per indictment. 
    1911 - The National Squash Tennis Association was formed in New York City, at The Harvard Club of New York, with 14 chartered members.
    1914 - The first international figure skating championship was held in New Haven, CT. Events included men's singles, women's singles, pairs and waltzing, later known as ice dancing.
    1915 – Albert Einstein published his “Theory of Relativity.”
    1915 - The Boston Braves broke ground on Commonwealth Avenue and began construction of Braves Field. Owner James Gaffney wants a large enough park so that inside-the-park homers can be hit in three directions. The field opened on August 18.  The seating capacity was 46,000, making it the first ballpark ever to seat over 40,000. After the Braves moved to Milwaukee in 1954, Braves Field was acquired by Boston University and converted to a football stadium. Most of the grandstand was demolished, although the right field pavilion was kept and the administration and ticket sales building now holds the headquarters of the campus police force. Its scoreboard was transferred to Kansas City’s Municipal Stadium.
    1920 - Birthday of pianist Marian McPartland (d. 2013), Slough, UK.
    1922 – Birthday of musician Larry Elgart (d. 2017), New London, CT.  Lead alto sax, bandleader with brother Les: “Hooked on Swing,” “The Bandstand Boogie,” otherwise known as the theme for “American Bandstand.”
    1922 - Birthday of actor Carl Reiner, The Bronx, New York. Also a director, best known for “Show of Shows.” A colleague of my father in early television.  Reiner has won nine Emmy Awards and one Grammy Award during his nearly seven-decade career. He is the father of actor and director Rob Reiner, author Annie Reiner and grandfather to actress Tracy Reiner.
    1922 – The first US aircraft carrier, USS Langley, was commissioned.
    1925 – Disgraced Watergate player, John Ehrlichman (d. 1999),
presidential assistant during Nixon administration, was born in Tacoma, WA.
    1929 - Birthday of Fred “Mr.” Rogers (d. 2008), born Latrobe, PA. His first program, “The Children’s Hour” was the precursor to “Mister Rogers’ Neighborhood,” which premiered in Canada in 1966 and the US in 1968. He authored a number of books for parents and children, wrote more than 200 songs and won dozens of awards, including Emmys, Peabodys and the Presidential Medal of Freedom.
    1934 - Mildred Didrickson, also known as Babe Zaharias, the renowned all-around female athlete, pitched the 1st inning for the Philadelphia Athletics in a spring training game against the Brooklyn Dodgers.  She gave up one walk but no hits. Two days later she pitched again, this time one inning for the St. Louis Cardinals against the Boston Red Sox, giving up four hits and three runs. She did not have an at bat in either game. She also played several games for the House of David this season. Didrickson is the second female to play exhibitions with a Major League team. Previously, first baseman Lizzie Murphy played for an American League All-Star team in 1922. 
    1936 - Benny Goodman and his orchestra recorded "Christopher Columbus" on Victor Records in, where else, Chicago, IL.
    1941 - Claude Thornhill Band opens at Glen Island Casino, 1941.
    1941 - Birthday of actor Hal Linden, born Harold Lipshitz, The Bronx, NY.  Best-known for his role as the title character in the television comedy series “Barney Miller.” The role earned him seven Primetime Emmy awards and three Golden Globe Award nominations.
    1942 – Gen. Douglas MacArthur, in Australia, made his famous speech regarding the fall of the Philippines, in which he says: "I came out of Bataan and I shall return."
    1948 - The first NCAA ice hockey championship concluded in Colorado Springs, CO. The University of Michigan defeated Dartmouth College 8-4, to win the title.
    1948 - The city of Juneau received 31 inches of snow in 24 hours, a record for the Alaska capitol.
    1948 - The 20th Academy Awards saw Darryl F. Zanuck's "Gentleman's Agreement" take the Best Picture prize, the Best Director (Elia Kazan), and Best Supporting Actress (Celeste Holm). Other awards passed out at the Shrine Auditorium, Los Angeles for the best of 1947 included Best Actor to Ronald Colman for "A Double Life;" Best Actress to Loretta Young for "Farmer's Daughter;" Best Supporting Actor to Edmund Gwenn for "Miracle on 34th Street;" and Best Music/Song to Allie Wrubel (music), Ray Gilbert (lyrics) for "Zip-A-Dee-Doo-Dah" from "Song of the South."
    1951 - Top Hits
“If” - Perry Como
“Be My Love” - Mario Lanza
“My Heart Cries for You” - Guy Mitchell
“The Rhumba Boogie” - Hank Snow
    1952 - Actor/comedian Danny Kaye hosted the 24th Annual Academy Awards, held this day at the RKO Pantages Theater in Los Angeles and it was upset night. Humphrey Bogart surprised the ‘experts' by winning an Academy Award for "African Queen." Most thought that Marlon Brando would win Best Actor for "A Streetcar Named Desire." The top film was Arthur Freed's "An American in Paris." Critics had already decided that "A Place in the Sun" or "Streetcar" would walk away with the coveted Oscar for Best Picture of 1951. How wrong they were! Of course, both pictures did win golden statues. Best Director was George Stevens for "A Place in the Sun." "A Streetcar Named Desire" won awards for Karl Malden (Best Supporting Actor), Vivien Leigh (Best Actress), and Kim Hunter (Best Supporting Actress). The Best Music/Song Oscar was presented to Hoagy Carmichael (music) and Johnny Mercer (lyrics) for "In the Cool, Cool, Cool of the Evening" from "Here Comes the Groom."
    1953 - Senator Edwin C. Johnson offered a bill to give clubs the sole right to ban radio-TV broadcasts of Major League games in their own territory. The antitrust division of the Justice Department outlawed this practice in 1949. Johnson believed that it started the decline of baseball in small towns and cities throughout the country. His bill aimed to restore the equity between large communities and the small areas.
    1954 - After a force of 60,000 Viet Minh with heavy artillery had surrounded 16,000 French troops, news of Dien Bien Phu's impending fall reaches Washington. French General Henri Navarre had positioned his forces 200 miles behind enemy lines in a remote area adjacent to the Laotian border. He hoped to draw the communists into a set-piece battle in which the supposed superior French firepower would prevail. He underestimated the enemy. Viet Minh General Vo Nguyen Giap entrenched artillery in the surrounding mountains and massed five divisions around the French positions. The battle, which far exceeded the size and scope of anything to date in the war between the French and the Viet Minh, began with a massive Viet Minh artillery barrage and was followed by an infantry assault. Secretary of State John Foster Dulles and other members of the Eisenhower administration were stunned at the turn of events and discussions were held to decide on a course of action. Chairman of the Joint Chiefs of Staff, Admiral Arthur Radford, proposed the use of nuclear strikes against the Viet Minh. Other options included massive conventional air strikes, paratrooper drops, and the mining of Haiphong Harbor. In the end, President Eisenhower decided that the situation was too far gone and ordered no action to be taken to aid the French. Fierce fighting continued at Dien Bien Phu until May 7, 1954, when the Viet Minh overran the last French positions. The shock at the fall of Dien Bien Phu led France, already plagued by public opposition to the war, to agree to grant independence to Vietnam at the Geneva Conference in 1954.
    1956 - VILLEGAS, YSMAEL R., Medal of Honor
Rank and organization: Staff Sergeant, U.S. Army, Company F, 127th Infantry, 32d Infantry Division. Place and date: Villa Verde Trail, Luzon, Philippine Islands, 20 March 1945. Entered service at: Casa Blanca, Calif. Birth: Casa Blanca, Calif. G.O. No.: 89, 19 October 1945. Citation: He was a squad leader when his unit, in a forward position, clashed with an enemy strongly entrenched in connected caves and foxholes on commanding ground. He moved boldly from man to man, in the face of bursting grenades and demolition charges, through heavy machinegun and rifle fire, to bolster the spirit of his comrades. Inspired by his gallantry, his men pressed forward to the crest of the hill. Numerous enemy riflemen, refusing to flee, continued firing from their foxholes. S/Sgt. Villegas, with complete disregard for his own safety and the bullets which kicked up the dirt at his feet, charged an enemy position, and, firing at point-blank range killed the Japanese in a foxhole. He rushed a second foxhole while bullets missed him by inches, and killed 1 more of the enemy. In rapid succession he charged a third, a fourth, a fifth foxhole, each time destroying the enemy within. The fire against him increased in intensity, but he pressed onward to attack a sixth position. As he neared his goal, he was hit and killed by enemy fire. Through his heroism and indomitable fighting spirit, S/Sgt. Villegas, at the cost of his life, inspired his men to a determined attack in which they swept the enemy from the field.
    1957 - Bobby Helms, who is most often remembered for his Christmas classic, "Jingle Bell Rock," had his biggest single reach the US Country chart. The song was called "Fraulein" and it would eventually hit number 1, spending 52 weeks on the chart, longer than any other Country song of the 1950s. Later in the year, he had another number one record with "My Special Angel." "Jingle Bell Rock" was first released in November 1957 and would return to the US Top 40 on two other occasions. It remains one of the most frequently played Christmas songs.
    1957 - Birthday of Shelton Jackson “Spike” Lee, Atlanta, Ga., director, producer, writer, actor.  Lee's movies have examined race relations, colorism in the black community, the role of media in contemporary life, urban crime and poverty, and other political issues. Lee has received two Academy Award nominations and numerous other awards, including two Emmy Awards, two Peabody Awards, an honorary BAFTA Award, an Honorary Cesar and the 2013 Gish Prize.
    1959 - Top Hits
“Venus” - Frankie Avalon
“Charlie Brown” - The Coasters
“Alvin's Harmonica” - David Seville & The Chipmunks
“Don't Take Your Guns to Town” - Johnny Cash
    1959 - Dick Clark protégé and teen idol, Bobby Rydell, makes his first television appearance, naturally enough, on ABC-TV's American Bandstand.
    1960 - Elvis Presley enters a Nashville recording studio for the first time since being discharged from the US Army. A 12-hour session will produce his next single, "Stuck on You," which will top the Billboard chart a month later. Scotty Moore and Bill Black, who had quit Presley's touring band in 1957, are in the studio with him for the last time.
    1961 - Ricky Nelson records "Hello Mary Lou," which would climb to number 9 in the US by early May. 
    1961 - The top tune in the US was Elvis Presley's "Surrender," which used updated lyrics put to a melody that was written in 1911 as "Come Back To Sorrento."
    1961 - Elvis begins filming his ninth movie, “Blue Hawaii,” on location.
    1964 - The Beatles make their first appearance on the British television show "Ready Steady Go!," lip-synching, as was the custom, to "Can't Buy Me Love," "It Won't Be Long," and "You Can't Do That.”
    1965 - After a celebratory formal street parade, Motown's first UK package tour begins at Finsbury Park Astoria, in London, featuring The Supremes, The Temptations, Stevie Wonder, Smokey Robinson and the Miracles, and Martha & the Vandellas.
    1965 - British Invasion band Wayne Fontana and the Mindbenders enter the Hot 100 for the first time with "Game of Love." It stays on the charts for eleven weeks making it to Number One in April. Also on this date, Petula Clark's "I Know a Place" enters the Hot 100. It hangs around for 12 weeks eventually hitting #3.
    1965 - President Lyndon B. Johnson orders 4,000 troops to protect the Selma-Montgomery civil rights marchers.
    1967 - HAGEMEISTER, CHARLES CHRIS, Medal of Honor
Rank and organization: Specialist Fifth Class (then Sp4c.) U.S. Army, Headquarters and Headquarters Company, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile). Place and date: Binh Dinh Province, Republic of Vietnam, 20 March 1967. Entered service at: Lincoln, Nebr. Born: 21 August 1946, Lincoln, Nebr. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. While conducting combat operations against a hostile force, Sp5c. Hagemeister's platoon suddenly came under heavy attack from 3 sides by an enemy force occupying well concealed, fortified positions and supported by machine guns and mortars. Seeing 2 of his comrades seriously wounded in the initial action, Sp5c. Hagemeister unhesitatingly and with total disregard for his safety, raced through the deadly hail of enemy fire to provide them medical aid. Upon learning that the platoon leader and several other soldiers also had been wounded, Sp5c. Hagemeister continued to brave the withering enemy fire and crawled forward to render lifesaving treatment and to offer words of encouragement. Attempting to evacuate the seriously wounded soldiers, Sp5c. Hagemeister was taken under fire at close range by an enemy sniper. Realizing that the lives of his fellow soldiers depended on his actions, Sp5c. Hagemeister seized a rifle from a fallen comrade, killed the sniper, 3 other enemy soldiers who were attempting to encircle his position and silenced an enemy machine gun that covered the area with deadly fire. Unable to remove the wounded to a less exposed location and aware of the enemy's efforts to isolate his unit, he dashed through the fusillade of fire to secure help from a nearby platoon. Returning with help, he placed men in positions to cover his advance as he moved to evacuate the wounded forward of his location. These efforts successfully completed, he then moved to the other flank and evacuated additional wounded men despite the fact that his every move drew fire from the enemy. Sp5c. Hagemeister's repeated heroic and selfless actions at the risk of his life saved the lives of many of his comrades and inspired their actions in repelling the enemy assault. Sp5c. Hagemeister's indomitable courage was in the highest traditions of the U.S. Armed Forces and reflects great credit upon himself. 
    1967 - Fashion model, Twiggy, arrived in the United States for a one-week stay. She quickly became the most sought-after subject of photographers due to her terrifically skinny-yet-wholesome good looks and the shortest dresses ever seen (to that time).
    1967 - Top Hits
“Penny Lane” - The Beatles
“Happy Together” - The Turtles
“Dedicated to the One I Love” - The Mamas & the Papas
“The Fugitive” - Merle Haggard
    1968 - In Los Angeles, Eric Clapton and three members of Buffalo Springfield -- Neil Young, Jim Messina, and Richie Furay -- are arrested for suspicion of marijuana use. The band members are eventually found guilty and fined, while Clapton beats the charges.
    1969 - KAWAMURA, TERRY TERUO, Medal of Honor
Rank and organization: Corporal, U.S. Army, 173d Engineer Company, 173d Airborne Brigade, Republic of Vietnam. Place and date: Camp Radcliff, Republic of Vietnam, 20 March 1969. Entered service at: Oahu, Hawaii. Born. 10 December 1949, Wahiawa, Oahu, Hawaii. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Cpl. Kawamura distinguished himself by heroic action while serving as a member of the 173d Engineer Company. An enemy demolition team infiltrated the unit quarters area and opened fire with automatic weapons. Disregarding the intense fire, Cpl. Kawamura ran for his weapon. At that moment, a violent explosion tore a hole in the roof and stunned the occupants of the room. Cpl. Kawamura jumped to his feet, secured his weapon and, as he ran toward the door to return the enemy fire, he observed that another explosive charge had been thrown through the hole in the roof to the floor. He immediately realized that 2 stunned fellow soldiers were in great peril and shouted a warning. Although in a position to escape, Cpl. Kawamura unhesitatingly wheeled around and threw himself on the charge. In completely disregarding his safety, Cpl. Kawamura prevented serious injury or death to several members of his unit. The extraordinary courage and selflessness displayed by Cpl. Kawamura are in the highest traditions of the military service and reflect great credit upon himself, his unit, and the U.S. Army.
    1969 - Beatle John Lennon married Yoko Ono at the Rock of Gibraltar. Lennon called the location, “quiet, friendly and British.” He was the second Beatle to marry in eight days. Paul McCartney and Linda Eastman were wed a week earlier.
    1969 - Jockey Diane Crump won the first race of her career less than two months after becoming the first woman to ride in a pari-mutuel race in the US. Her victory came at Gulfstream Park, FL
    1969 - Janis Joplin and Her Band opened at the San Francisco Winterland.
    1971 - Iron Butterfly's "In-a-Gadda-Da-Vida" has been on the charts for 138 weeks and sold more than 3 million copies.
    1973 - Elton John had the #1 album in the US with "Don't Shoot Me I'm Only the Piano Player." 
    1973 – Roberto Clemente became the first Hispanic American to gain election to the Hall of Fame. The BBWAA announced the results of a special ballot, with Clemente receiving 393 of 424 votes. Clemente died in a plane crash on New Year’s Eve in an attempt to deliver medicine and supplies to earthquake-torn Nicaragua.  In light of his tragic death, the Hall's Board of Directors waived the five-year waiting period that is normally required before a player is eligible for election. A twelve-time All-Star, Clemente batted .317 and won a dozen Gold Gloves over an 18-year career, and batted .362 in World Series play. Named NL MVP in 1966, he was voted the outstanding player in the 1971 World Series, when the Pittsburgh Pirates beat the heavily-favored Baltimore Orioles in seven games.
    1975 - Top Hits
“Black Water” - The Doobie Brothers
“My Eyes Adored You” - Frankie Valli
“Lady Marmalade” - LaBelle
“Before the Next Teardrop Falls” - Freddy Fender
    1976 - Boz Scaggs' biggest album of his career, "Silk Degrees" premieres on the charts. It's his seventh solo album but it will be the first to go platinum. Off the album is the #3 pop and #5 R&B smash single "Lowdown."
    1976 - Patricia "Tania" Hearst convicted of bank robbery. 
    1982 - Joan Jett and The Blackhearts started a seven-week run at #1 on the US singles chart with "I Love Rock 'n' Roll." 
    1983 - Top Hits
“Billy Jean” - Michael Jackson
“Shame on the Moon” - Bob Seger & The Silver Bullet Band
“Do You Really Want to Hurt Me” - Culture Club
“I Wouldn't Change You If I Could” - Ricky Skaggs
    1984 - A severe three-day winter storm came to an end over the Central Plains. The storm produced up to twenty inches of snow in Colorado, Nebraska and Kansas, and left a thick coat of ice from eastern Kansas across northwestern Missouri into Iowa.
    1985 - Libby Riddles became the first woman to win the Iditarod Trail Sled Dog Race, a 1,150-mile (approx.) dog sled race from Anchorage to Nome, Alaska.
    1987 - The first drug for treating AIDS to win the approval of the Food and Drug Administration was AZT (azidothymidine). The drug was made by Burroughs Welcome and initially cost more than $410,000 a year for each patient.
    1988 - While our theme is to celebrate life, meaning birthdays, sometimes we remember famous jazz musicians. Today my favorite jazz arranger died in Cuernavaca, Mexico: Gil Evans. 
also one of the few jazz musicians listed in the Britannica America: 
His band lives on:
Book Review:
    1988 - Squalls in the Great Lakes Region left up to eight inches of new snow on the ground in time for the official start of spring. Unseasonably warm weather prevailed in the western U.S. Seven cities reported new record high temperatures for the date, including Tucson, AZ with a reading of 89 degrees.
    1989 - After 37 years on the air, Dick Clark announces he will discontinue hosting his creation, ABC-TV's highly influential “American Bandstand.” The show continues with another host, but folds for good soon after.
    1989 – MLB Commissioner Peter Ueberroth announced that he has begun an investigation into the behavior of Cincinnati Reds manager Pete Rose. Ueberroth did not identify the allegations against Rose, but the Reds' skipper will eventually be banished for his alleged involvement with gambling.
    1990 - The northeastern U.S. was in the midst of a snowstorm as spring officially began at 4:19 PM. Snowfall totals in the Green Mountains of Vermont ranged up to thirty inches, and up to 15 inches of snow was reported in the Catskills and Adirondacks of eastern New York State. Totals in eastern Pennsylvania ranged up to 12 inches at Armenia Mountain. The storm resulted in one death, and forty-nine injuries.
    1991 - Top Hits
“Someday” - Mariah Carey
“One More Try” - Timmy -T-
“Show Me the Way” - Styx
“I'd Love You All Over Again” - Alan Jackson
    1991 - Eric Clapton's 4-year-old son, Conor, falls to his death from a 53rd story New York City apartment window. The tragedy inspires Clapton's song "Tears in Heaven."
    1991 - Michael Jackson signs the richest deal in recording history when Sony inked him to a $1 billion contract.
    1995 - Dow-Jones hits 4083.68 (record)
    1996 - A jury in Los Angeles convicted Erik and Lyle Menendez of first-degree murder in the shotgun slayings of their millionaire parents. (They are serving life without parole.)
    1997 - Liggett Group, the maker of Chesterfield cigarettes, settled 22 state lawsuits by agreeing to warn on every pack that smoking is addictive and admitting the industry markets cigarettes to teen-agers.
    2003 - Up to 1400 anti-war protesters were arrested in SF.
    2003 – 9:34 p.m. EST: the surprise military invasion of Iraq began. There was no declaration of war. The invasion of Iraq, led by U.S. Army General Tommy Franks, began under the code name “Operation Iraqi Liberation,” later renamed “Operation Iraqi Freedom,” the UK code name “Operation Telic,” and the Australian code name “Operation Falconer.” Coalition forces also cooperated with Kurdish Peshmerga forces in the north. Approximately forty other governments, the “U.S.-led coalition against Iraq,” participated by providing troops, equipment, services, security, and special forces, with 248,000 soldiers from the United States, 45,000 British soldiers, 2,000 Australian soldiers and 194 Polish soldiers from Special Forces unit GROM were sent to Kuwait for the invasion. The invasion force was also supported by Iraqi Kurdish militia troops, estimated to number upwards of 70,000. According to General Franks, the objectives of the invasion were, “First, end the regime of Saddam Hussein. Second, to identify, isolate, and eliminate Iraq’s weapons of mass destruction. Third, to search for, to capture, and to drive out terrorists from that country. Fourth, to collect such intelligence as we can relate to terrorist networks. Fifth, to collect such intelligence as we can relate to the global network of illicit weapons of mass destruction. Sixth, to end sanctions and to immediately deliver humanitarian support to the displaced and many needy Iraqi citizens. Seventh, to secure Iraq’s oil fields and resources, which belong to the Iraqi people. And last, to help the Iraqi people create conditions for a transition to a representative self-government.”
    2004 - Thousands of anti-war demonstrators marched from Dolores Park to the Civic Center in San Francisco.
    2005 - An F1 tornado hits South San Francisco. Trees are uprooted. At least twenty homes and twenty businesses are damaged, including the city's new fire station
    2006 - Grand Island, NE, receives 17.8 inches of snow in 24 hours, breaking the old local record for the most snowfall in a day by 4.8 inches. 29.7 inches in 48 hours also breaks a record.
    2015 - Aducanumab, a new drug developed by Biogen to treat Alzheimer's, is showing success in reducing toxic brain plaque and decreasing the rate of mental impairment in trials; if successful in further testing, the drug may be available by 2020.
    2015 – A solar eclipse, equinox and super moon occurred simultaneously.

NCCA Basketball Champions:
    1954 - LaSalle
    1965 - UCLA




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