Tuesday, May 31, 2022



 

1973-era dumpster haul, columbia mo 5/30/22
                                              salmon skin snacks, oak park mall, kansas, 5/31
                                              plants, aldee, st charles 5/30

                                              staging for food not bombs last sunday
                                               $64 oriental groceries, kansas




Wednesday, May 25, 2022

 note to self: rebeccas berlanger. cumberland office. first amendment adjunct prof.

Thursday, May 19, 2022

 x 0. Input 40 item list from yesterday.

screening at vince on tuesday may 31 11 pm, then wednesday at pra.


1.  Stairs and stoop

2.  Mow back yard.

3.  Walk-in, scrub for mold

4.  Clean car find ticket. Headlight. Check oil. 

5.  Fix phone/ make comic

6.  2d email to prosecutor

7.  Catch up mileage log for 2022 re studies.  196543.

8.  Marion county suit and tort claim.

9.  Alaska intervene

10. Sokola letter template.

11. Wash dishes/vaccuum sweep mop

12.  Clean freezer make ice. 

13.  Mower repair.

14. Turn off amazon prime and helix.

15. nebraska

16. Biolife letter

17. Check for studies

18. Gas buddy

19. 5th 3rd payment

20. 

21. Post standup video

22. Email re tandup - moot. 

23. Plasma at saturn

24. Clean fridge w bleach

25. Reddit message to houseboy

26. Clean side of house

27. Try to return journal from park

28. Food to scotty

29. Follow up with kc get quitclaim

30. Move tomatoes outside

31. Transplant into bigger containers.

32. Print off always be soaking

33. Diomaceous earth, tuff to take to tommy monday.

Bug stuff food dog biscuits what else? Qtips. Cash. 

34. Scrap run. 

35. Find social security card. Photocopy passport.

36. Plant more flowers.

37. 2020 taxes.

38. Phoenix laptop and case.

39. American airlines.

40. ipl/aes dispute. / rate case.

41. CLES $300 + a phone call.

42. Marion county bar dues. $50

43. Hendrix county. Mark small. 


44: Setlist:

Knock knock

Conrad 

Goldfish

So what do we have tonight?



Notes for tort claim:


Isues: voter ID, first incident. 7:45 thurs may 19th. Is when i’m typing this. Need some kind of billing record protocol. 

Voter ID, second incident.

Media credentials, 

Sign issue.



Isues: voter ID, first incident.

Voter ID, second incident.

Media credentials, 


Marion County, uniquely in Indiana, has adopted a policy of refusing media credentials to internet-based new media. This violates the first amendment as interpreted in reno v aclu. I wasa coplaintiff in reno v aclu, a a member of one of th eplaintiff organizations.

The policy is an extension of the state’s policy of requiring a license for newsgathering.

The state’s policy probably violates 7th circuit precent protecting newsgathering under the first amendment. Watchtower v stratton [makes clear] that local government cannot require a permit for such first amendment protected activity. Burson v freeman on the other hand upheld an electioneering ban at the polling place, under a strict scrutiny standard. Marion county’s arbitrary nd capricious rules do not withstand trict scrutiny.

Under price v indiana, political speech gets strict scrutiny under article I section 9. The county’s actions violated article II section 1, free and equal elections.


On election day, plaintiff cast a provision ballot, did not show ID, submitted an affidavit, and ad his vote counted.


Plaintiff went to early vote at the elecion board office at the city county building.  



Sign issue.


Hendricks county notice of tort claim. Prepare draft for mark.


=
to bryant hospital
I was rearended in an auto accident 12/30/15, and had an emergency room visit. I have an outstanding bill of about $900.

The person who hit me was insured by American Family Insurance, which agreed to pay the bill afte the case settled. Thgey never offered a fair settlement. I filed suit in federal court in lincoln, but lost the case due to non-prosecution. Since they won, I do not know whether or not they will honor their promise to pay the bill; they are not legally obligated to, but might do so anyway. I uggest you cantact the attorney in charge, joel.....
need edits with facts.

Wednesday, May 18, 2022

to do, re-read these reports. 

Code Defect Description Severity Comments 138 Hair restraints Food employees not wearing proper hair restraint. Non-Critical Observed some employees work with food with no hair restraint. Provide and use an approved hair restraint. 171 (c) Minimize contact (Non-Critical) Bare hand contact not minimized with non ready to eat food(s). Non-Critical Ramekin noted inside the bulk containers of flour, starch and sugar in the dry storage area. Replace them with scoop with handles to reduce bare hand contact with food. 177 (a) 5 Uncovered foods (Critical) Foods are uncovered Non-Critical Observed open boxes of starch and flour in the dry storage area. Provide cover to prevent the contamination. 187 (a) (2) Cold holding Potentially hazardous cold foods not held at proper temperatures. Critical Lamb meat measured at 47 degrees F inside the cold top located in the ccook line. Employee stated that they brought it to the cold top from the WIC less than 1 hour ago. Transfer the meat to another cooler. All potentially hazardous cold holding foods should be maintained 41 degrees F at all times. 192 (a) Discarding datemarking Unmarked or expired food(s) not discarded. Critical Container of chicken salad dated on 10/3/2019 noted inside the reach in cooler located in the salad station. Discard the food 227 (a) Fixed equipment spacing/sealing Improper installation of fixed equipment and sealing. Non-Critical There is a gap between the hand sink and the wall in the kitchen prep area. Seal the hand sink to the wall. 295 (a) (b) Food contact surface(s) soiled Food contact surface(s) soiled. Critical Deli slicer located on the prep table in the kitchen is soiled. Cleana and sanitize after each use or every 4 hours. 417 (b) Storage of Personal Items Improper storage of personal item(s) with food or food contact item(s). Non-Critical Employee cell phone was stored on the prep table by the hand sink. Store personal items in designated areas. 431 (a) Walls, floors, etc/soiled Physical structure, walls, floors, and/or ceilings soiled. Non-Critical 1- Floor under the cooking equipment and hot boxes are soiled. Clean2- Celing above the hand sink in the prep area and dish machine room are heavily soiled. Clean 438 Toxic labeling Working container(s) of toxic materials not labeled with common name of contents. Critical No label provided on 3 spray bottle of chemicals with unknown blue and white liquids located under 3 bay sink and under hand sink located in the kitchen. Provide date mark with the name of content. Code Defect Description Severity Comments 438 Toxic labeling Working container(s) of toxic materials not labeled with common name of contents. Critical No label provided on 3 spray bottle of chemicals with unknown blue and white liquids located under 3 bay sink and under hand sink located in the kitchen. Provide date mark with the name of content. 439 Toxic material(s) separation Toxic material(s) improperly stored. Critical 1- Hand sanitizer was stored on the clean dish shelf. Store it away from food and food contact surfaces. Code Defect Description Severity Comments 138 Hair restraints Food employees not wearing proper hair restraint. Non-Critical Seared salmon stored below raw seafood in the low boy coolers on the cookline, store pre-cooked foods above raw proteins 171 (b) Bare hand contact (critical) Bare hand contact with ready to eat food. Critical Observed waitstaff handle crackers with their fingers to put in bread baskets, discontinue. Sous Chef addressed with server.First observation of bare hand contact, warning issued. 173 Cross-contamination Raw animal foods stored incorrectly over ready to eat foods and/or other raw foods. Critical Seared salmon stored below raw seafood in the low boy coolers on the cookline, store pre-cooked foods above raw proteins 196 Consumer advisory Establishment serving undercooked and/or raw animal product with no consumer advisory. Critical Menu with lamb, salmon, steaks, and other menu items that are cooked to order need a consumer advisory statement and a symbol to indicate which menu items are undercooked or raw----------------01/18/19 Recheck: Lamb chops are cooked to order and was not included with the consumer advisory reminder (asterisks) 199 Thawing Potentially hazardous food(s) thawing improperly. Non-Critical Frozen ROP mahi mahi filets thawing on a sheet tray on a speed rack. When thawing a vacuumed sealed fish product, must poke a hole or open the package for thawing, either under running water or under refrigeration 218 Equipment repair Equipment in need of repair. Non-Critical Dessert 2-door reach in cooler handle is broken and no longer smooth or cleanable, will need to replace handle. 234 In use utensil storage In use utensil(s) stored improperly. Non-Critical Knives and spatulas stored in sanitizer. Appropiate storage options include: in water at least 135 F, dry on a clean surface, or in the food with the handle up 334 Air gap-water supply Insufficient air gap between water inlet and flood level rim. Critical Dishmachine sprayer arms x 2 need to be elevated above the sink rim, currently hanging below the sink rim 345 (b) Hand sink improper usage Hand washing facility used for purposes other than hand washing. Critical Colander used in the bar hand sink, discontinue Code Defect Description Severity Comments 115 HACCP for reduced oxygen packaging No HACCP plan for reduced oxygen packaging. Non-Critical Establishment is ROPing various food items such as fish and cheese without a HACCP plan in place. Establishment shall cease all ROP operations. Proivde a HACCP plan to start ROPing again or do not ROP at all. 177 (a) 5 Uncovered foods (Critical) Foods are uncovered Non-Critical 1. Uncovered food items in the walk in freezer.2. Uncovered food items in both walk in coolers.3. Open bag of flour in dry storage area. Bag was closed during inspection.Cover all foods in containers or wrappings to prevent contamination.*This is a repeat violation. 177 (a) 5 Uncovered foods (Critical) Foods are uncovered Non-Critical 1. Uncovered food items in the walk in freezer.2. Uncovered food items in both walk in coolers.3. Open bag of flour in dry storage area. Bag was closed during inspection.Cover all foods in containers or wrappings to prevent contamination.*This is a repeat violation. 177 (a) 5 Uncovered foods (Critical) Foods are uncovered Non-Critical 1. Uncovered food items in the walk in freezer.2. Uncovered food items in both walk in coolers.3. Open bag of flour in dry storage area. Bag was closed during inspection.Cover all foods in containers or wrappings to prevent contamination.*This is a repeat violation. 187 (a) (2) Cold holding Potentially hazardous cold foods not held at proper temperatures. Critical Tuna salad ( 50.2*F) and herb butter (59.5*F) were not being held at proper cold holding temperatures of 41*F or below. Food items were moved into the walk in cooler. 191 Date marking Potentially hazardous ready-to-eat food not properly date marked. Critical 1. Foods not date marked in both the walk in coolers.2. Foods not date marked in both reach in cooler drawers on the cook line.Date mark all PHF ready to eat food products being held more then 24hrs.*This is a repeat violation. 234 In use utensil storage In use utensil(s) stored improperly. Non-Critical Plastic container being used as a scoop without handle was being stored inside the flour bag. Do not store in use utensils where they can contaminate food product. 239 (b) Improper storage of clean equipment Clean equipment and/or utensils stored incorrectly. Non-Critical Clean plastic containers were being stored on the floor in the dish machine area. Containers were moved during inspection and placed on racks. 242 Single-service reuse Single service and single use articles reused. Non-Critical Single service plastic container was being used as a scoop in the flour bag. Scoop was removed during inspection. Do not re-use single use items. 295 (c) Non food contact surface cleaning frequency Non-food contact surface(s) soiled. Non-Critical 1. Reach in freezer is soiled on the bottom shelf. Clean and sanitize. Code Defect Description Severity Comments 296 Food contact cleaning frequency Food contact surface(s) of equipment and/or utensils are not cleaned and sanitized between uses. Critical 1. Knife soiled on the knife rack in the kitchen area.2. Knife rack in the kitchen area soiled.3. Kitchen soiled on the knife rack in the bakery area.4. Knife rack in the bakery area soiled.Knives were removed from racks during inspection. Clean knives and knife racks. 5. Slicer soiled in the kitchen area.Clean and sanitize all food contact surfaces. 296 Food contact cleaning frequency Food contact surface(s) of equipment and/or utensils are not cleaned and sanitized between uses. Critical 1. Knife soiled on the knife rack in the kitchen area.2. Knife rack in the kitchen area soiled.3. Kitchen soiled on the knife rack in the bakery area.4. Knife rack in the bakery area soiled.Knives were removed from racks during inspection. Clean knives and knife racks. 5. Slicer soiled in the kitchen area.Clean and sanitize all food contact surfaces. 296 Food contact cleaning frequency Food contact surface(s) of equipment and/or utensils are not cleaned and sanitized between uses. Critical 1. Knife soiled on the knife rack in the kitchen area.2. Knife rack in the kitchen area soiled.3. Kitchen soiled on the knife rack in the bakery area.4. Knife rack in the bakery area soiled.Knives were removed from racks during inspection. Clean knives and knife racks. 5. Slicer soiled in the kitchen area.Clean and sanitize all food contact surfaces. 431 (a) Walls, floors, etc/soiled Physical structure, walls, floors, and/or ceilings soiled. Non-Critical 1. Mouse droppings found in dry storage and in the dish machine area. 2. Floors soiled in the kitchen under equipment, on the cook line, and at the floor wall junctures in all rooms of the establishment.3. Walls under the 3 bay sink and in the dry storage areas area soiled.3. Mop sink room floor soiled.Clean and maintain. 431 (a) Walls, floors, etc/soiled Physical structure, walls, floors, and/or ceilings soiled. Non-Critical 1. Mouse droppings found in dry storage and in the dish machine area. 2. Floors soiled in the kitchen under equipment, on the cook line, and at the floor wall junctures in all rooms of the establishment.3. Walls under the 3 bay sink and in the dry storage areas area soiled.3. Mop sink room floor soiled.Clean and maintain. 431 (a) Walls, floors, etc/soiled Physical structure, walls, floors, and/or ceilings soiled. Non-Critical 1. Mouse droppings found in dry storage and in the dish machine area. 2. Floors soiled in the kitchen under equipment, on the cook line, and at the floor wall junctures in all rooms of the establishment.3. Walls under the 3 bay sink and in the dry storage areas area soiled.3. Mop sink room floor soiled.Clean and maintain. 438 Toxic labeling Working container(s) of toxic materials not labeled with common name of contents. Critical Code Defect Description Severity

 wednesday


at baker mckenzie CLE. U.S. Attorney Zachary A. Myers. end followup on dawn young situation.

United States Attorney's Office
10 W Market St, Suite 2100
Indianapolis, IN 46204




took out trash

paid $160 pa toll.

made 40 item list. to do. order list by priority.


3.0 hours cle.

not much else done today.

maybe: 20 minutes finish stairs. nope, call tommy, am i going to tommy's tonight?


will get parking ticket for today as cost for free lunch. 

to do: rough out marion county complaint.

tort claim

caption

intro

signs, voter id, press credentials, search at city hall. anything else?

This is a multi-issue case arising out of the May 2022 primary elections in Marion County.

Marion County unconstitutionally censors campaign signs in violation of Talley v California, and has a long tradition of doing so. Plaintiff was deterred from making and posting signs, and lost his campaign for GOP state committee district 1. Plaintiff requested that the county seek an Attorney General Opinion, in correspondence _ april, exhibit 1,  


dave olola letter, also to my state rep.


facts

claims

state

federal


relief

=



Tuesday, May 17, 2022

after


                                                                           before

                                               edit: another after, possibly less blurry



 Daily Back-of-House Cleaning Checklist: O Wipe down the walls wherever there are splashes O Clean the grill, griddle, range, flattop, and fryer. Make sure to get underneath the equipment, too O Change the foil lining on top of the ranges, grills, and flattops O Wipe down other equipment, such as coffee makers, microwaves, toasters, and meat slicers O Disinfect prep area surfaces O Clean beverage dispenser heads in the soda fountains. Bars should clean the tips of the soda guns O Wash utensils, smallwares, flatware, and glassware and let them air dry overnight O Clean the sinks O Wash rags, towels, aprons, and uniforms in the washing machine O Refill soap dispensers and replace empty paper towel rolls O Sweep walk-in refrigerators and storage areas O Take out the trash and recycling O Disinfect the waste disposal area and clean the trash cans O Sweep and mop the floors Date: _______________ Weekly and Monthly Restaurant Cleaning Checklist: Weekly Front-of-House Cleaning Checklist: O Dust and wipe down the light fixtures O Wash glass windows and doors O Disinfect the door handles Monthly Front-of-House Cleaning Checklist: O Dust any decorations or wall art O Check the ceiling for cobwebs O Wash the walls Weekly Back-of-House Cleaning Checklist: O Clean the ovens, including the walls, door, and racks O Delime the sinks and faucets O Boil out the deep fryer O Wash and sanitize the walk-in refrigerators and freezers O Clean any anti-fatigue mats O Use drain cleaner on the floors Monthly Back-of-House Cleaning Checklist: O Wash behind the hot line to prevent clogs O Run cleaning and sanitizing chemicals through the coffee or espresso machine to remove builtup grime O Clean out and sanitize the ice machine (every 6 months) O Clean and sanitize the freezer O Clean refrigerator coils to remove dust O Empty grease traps O Wash walls and ceiling to remove grease buildup O Wash vent hoods (every few months) O Replace pest traps Notes: Employee Signature: Supervisor Signature

Monday, May 16, 2022

 to do list 5/16/22.

to do list 5/17/22. 

1. clean stairs.

2. draft marion county complaint. 

x 1/2 3. review alaska motion to intervene

   1. pro hoc vice requirements. which court? $250 fee. not sure fairbanks or where.

   2. work on the filing, add certs.

4. make better list.

5. mow back yard if it didn't rain. 

6. coffee. 

7. at work, check walkin for mold. 

8. clean car. find ticket.

9. plates on car. 

so the plan for the day: 

x 1. stairs. photos. 20 minutes. spent 1 hr. 

2. plates, beech grove, coffee, complaint. 

daily task list:

clean stairs. 

clean car.

x pay internet bill.

x make comic.

make better list.

did:

po box.

bank, pnc. paid $140 on pnc card, balance $300.

gas $27, at 4.29. 

internet bill $20.

drove around and looked at vacant lots for sale.

mowed front yard. too rainy to mow back yard unless i start now.

failed: went by bmv to change plates, but they were closed.

           paid $10 to have headlight installed but it still doesn't work. can i return the $50 headlight to advance auto? need to leave car so they can work on it.  

to do:

review alaska motion

x follow up email with lawyer small 

draft marion county complaint.

x consider benton county sign complaint. carroll county.

Carroll County Clerk
101 W. Main Street
Delphi, IN 46923

Clerk's Office
Sharon Milburn
(765) 564-4485


rosecutor's Office
Nicholas McLeland
(765) 564-4514
nmcleland@carrollcountyprosecutor.com

x draft letter requesting nolle prosequi/ professional courtesy.


Sheriff's Office
Tobe Leazenby
(765) 564-2413

ccclerk@carrollcountyin.gov

Carroll County Election Board
Courthouse, 2nd Floor
101 W. Main Street
Delphi, IN 46923










write to state reps requesting ago from rokita.

wash dishes, clean up kitchen and bathroom. gardening.





Thursday, May 05, 2022

🇺🇦

test. 

maybe i've figured out how to solve blogger's formatting problem. if yes, i'd be able to start blogging again with some frequency. 

i'll see if this posts ok. yup it worked. there's a tiny toggle switch in the top left that switched between standard and html; i may have inadvertantly toggled it months ago, but now i know how to fix it.

ok, while i'm here i should make a to do list.

work:

car:
clean.
196022 $40. indy. $20 lasr week. oil change was $63.  

house:
stairs. dishes. sort food. clean fridges. this is my day off. email for crackers.

yard:
move stuff to back yard. get premium gas. mow yard. 

money:
turn off amazon prime.
turn off helix.
pay 5th 3rd bill.
pay property tax this week.
check for paycheck. 

friday agenda for meet with mark.
mark campaign tip: get a black woman green party candidate on ballot. 

alaska intervene.
nebraska.

call mom.

what else?

Tuesday, April 26, 2022

BioLife Plasma, L.L.C. 1200 Lakeside Drive Bannockburn, IL 60015, USA Biolife Plasma LLC in Bannockburn, IL - (224) 940-7611 Takeda 1-1, Nihonbashi-Honcho 2-chome, Chuo-ku, Tokyo 103-8668, Japan I have been trying for years to donate plasma at your greenfield indiana location. I have been given a lifetime ban because once, 4 or 5 years ago, I apparently took part in a clinical trial somewhere. I have no records or information about what this clinical trial was. They claim that your company has a policy such that I can never donate there without this information I don't have, in affect a lifetime ban, but they are unwilling to show me the policy in writing, so I am deeply skeptical that this exists. They also at one point claimed this is an FDA regulation, but again were unwilling to show me this in writing, and again I am deeply skeptical that the FDA has any such policy. If it does I will work with my senators to try to get this changed, so I need to know if this is real. I tried submitting this at the contact us page, but your captcha is not working and it would not submit.

Wednesday, April 20, 2022

draft: letter to daniel suhr re Smith v Helzer. Hi Daniel. With scotus considering Gaspee at friday's conference, I took a look at the docket and for the first time read your reply to the state's filing. Competent work as always. then ballotpedia pointed me to smith v helzer. I briefly considered moving to intervene. it's the sort of controversy that interests me. then when i noticed your name on the filing i figured it woul be simpler to just ask you if i could join as a plaintiff. it's a new enough filing that it can be amended without leave. alternatively i would be willing to be added as cocounsel, but i think plaintiff works better. If yes, then you would be my lawyer, and I always follow the wise counsel of my counsel, so feel free to ignore this next bit, but I have a few humble suggestions. Counts could be added under the alaska constitution. article I sections 1, 2, 3, 5, 6, 7, 9, 14, 16, 18,and 22. A damage claim could be added on both federal and state claims. The rights under McIntyre are sufficiently well established to arguably defeat QI. This presumes defendants have taken or will take some affirmative action to enforce the disclaimer rules; if they don't there is no liability. But it can reasonably be alleged. In Morse v Frederick Morse settled his state claims for $50,000 after losing at scotus. A damage claim defeats mootness if th legislature changes the rules during the litigation. Damages deter, provide leverage for settlement, enhance fees, and I could use the money. Up to you though. I am an Indiana resident; having an out of state plaintiff is useful to several lines of argument. I do not anticipate spending over $2000 on Alaska elections, but am happy to make some nominal donations for standing purposes. I am aware of Dick Randolph; I've been a fusion canidate myself. I'v been a supporter of Andre Marrou, a former Alaska legislator. I generally support, and advocate for, Alaska libertarian candidates. Meanwhile here in Indiana it looks like I will be bringing another disclaimer challeng sometime soon. Would be happy to have your organiation aboard as cocounsel. Happy to discuss any of this at your convenience. Sincerely, Robbin Stewart.

Tuesday, April 19, 2022

may 12 9 30 spaulding olive. thursday. olive, $11K. 1 month. Dates 1 in-house stay, lasting 25 days/24 nights and 1 Outpatient visits. Spaulding Clinical is currently looking for healthy male and female volunteers between the ages of 18 and 65, who have a Body Mass Index (BMI) between 18 and 35, to participate in a research study consisting of 1 in-house stay, lasting 25 days/24 nights with 1 outpatient visits in West Bend, Wisconsin. Those who qualify and complete the study may be eligible to receive payment of up to $11,430 for study-related time and travel.

tuesday did

called spaulding, booked screening.

2 loads luandry. cleaned car part way. $10.

next: gasbuddy. call from mark small,email fron brienne at elections department.

to do: look up andre dude OSNEL ANDRE SR Agent Address 4814 MAY RIDGE LN, Indianapolis, IN, 46254 Directors / Officers OSNEL ANDRE SR, agent, 28 Oct 2021- 5938 Lakeside Manor Ave; Indianapolis, IN 46254-5940 not sure which is which. (317) 457-7968

Andre currently resides at 6030 Northland Rd, Indianapolis, IN. Files show that one company is listed at this address: Indy Protective Services LLC. This address is also associated with the name of Lashonda K Jones, Michael R Jones Ii, and two other individuals. Andre owns the following phone numbers: (317) 985-6745 (Omnipoint Communications Midwest Operations, LLC), (317) 702-2602 Main Address 6030 Northland Rd, Indianapolis, IN 46228 Single Family, Attached Garage, 2 spaces, Haitian Family Auto, Osnel Andre Used Car Dealer |551103 - Automobile Dealers-Used Cars Be the first to review Haitian Family Auto Phone: 3176357073 1702 Lafayette Rd, Indianapolis, Indiana 46222-2809 to do: email collin re media credentials.

Monday, April 18, 2022

paid $127 at pnc. charged $50 at 5th 3rd for ballot acess news.
template for sign letter TO: Hendricks County Election Board. From: Robbin Stewart, esq. Re: Lack of disclaimer on Terry Judy for Sheriff campaign materials. cc: Indiana Election Division. July 30 th 2021 Recently at the Hendricks County Fair I met Terry Judy who is running for sheriff. I obtained two pieces of campaign materials, a postcard and a pen, which did not have the disclaimer which might be required under Indiana Code 3-9-3-2.5. The pen almost certainly falls under the exception for small items where a disclaimer would be impractical. As for the postcard, I did not find out for certain if there were more than 100, as required by the Indiana Supreme Court's decision in Majors v Abell, footnote 11.. I merely reasonably suspect so. His other materials had disclaimers. So on the one hand I am reporting a likely violation of the Indiana statute. Please keep me posted on how you choose to handle this case. On the other hand, it is my position that the statute conflicts with the state and federal constitution, and is void, as an interference with the freedom of speech, freedom of the press, right to petition, and right to privacy. See, for example, Robbin Stewart v Taylor (s d ind 1997), which found the previous Indiana disclaimer statute unconstitutional under McIntyre v Ohio Elections Commission (1995.) The leading state case is Price v Indiana (1993). McIntyre is still good law, as indicated in recent cases such as NIFLA v Becerra, Janus, and this month's AFP v Bonta. One way that you could handle this situation is to ask Indiana's Attorney General, Todd Rokita, for a formal opinion on whether 3-9-3-2.5 is constitutional. Or, I suppose, you could just do nothing. Or, under the statute, you could refer Mr. Judy for prosecution to the County prosecutor, which could send him to jail. His speech is core political speech, and it is his right as an American and Hoosier to distribute his postcards and campaign for office. I have no personal hostility towards Mr. Judy. My interest is in trying to get some resolution of this legal issue. Thank you for your attention to this matter. TO: Marion County Election Board. From: Robbin Stewart Re: Lack of disclaimer on Osnel Andre campaign materials. cc: Indiana Election Division. Mark Small April 18th 2022 Recently I noticed a campaign sign for Osnel Andre, which did not have the disclaimer which might be required under Indiana Code 3-9-3-2.5. The sign reads in full, VOTE MAY 2022 OSNEL ANDRE, SR. PIKE TOWNSHIP MARION COUNTY CONSTABLE DEMOCRAT. I did not find out for certain if there were more than 100, as required by the Indiana Supreme Court's decision in Majors v Abell, footnote 11.. I merely reasonably suspect so. So on the one hand I am reporting a likely violation of the Indiana statute. Please keep me posted on how you choose to handle this case. On the other hand, it is my position that the statute conflicts with the state and federal constitution, and is void, as an interference with the freedom of speech, freedom of the press, right to petition, and right to privacy. See, for example, Robbin Stewart v Taylor (s d ind 1997), which found the previous Indiana disclaimer statute unconstitutional under McIntyre v Ohio Elections Commission (1995.) The leading state case is Price v Indiana (1993). McIntyre is still good law, as indicated in recent cases such as NIFLA v Becerra, Janus, and AFP v Bonta. One way that you could handle this situation is to ask Indiana's Attorney General, Todd Rokita, for a formal opinion on whether 3-9-3-2.5 is constitutional. Or, I suppose, you could just do nothing. Or, under the statute, you could refer Mr. Andre for prosecution to the County prosecutor, which could send him to jail. His speech is core political speech, and it is his right as an American and Hoosier to distribute his signs and campaign for office. I have no personal hostility towards Mr. Andre. My interest is in trying to get some resolution of this legal issue. Thank you for your attention to this matter.
to do monday

laundry

on hold now with wisconsin

sweep stairs, bring in food, clean fridge

x email mark small. go thru emails.

email clerk's office. voter ID. x press creentials notice re sign. what else?

Thursday, April 07, 2022

april 7.

trip report.

wisconsin and back april 6. 700 miles = $350. 1 day = 50. imputed expenses.

so so far this year st louis trip 600 miles 2 days $40 lodging. other st louis trip 600 miles 1 day. january.

cululative 1900 miles 4 days $40 lodging. $950 + 200 + 40. = $1190. in expenses.

possible income this trip $55. if i get into the study $3500.

actual expenses $80 gas $10 2 work shirts $3 piggly wiggly. i'm forgetting some expense. coffee $4. so $100.

received income from work $800 for two weeks. lower because cut down to 5 days.

to do list

1.

go do plasma saturn call first. do tomorrow before work. 2.

clean downstairs from racoon 3.

clean fridge with bleach 4.

get mark normand ticket. did list thursday

unloaded car.

cleaned up recycling area. bath. coffee.

Wednesday, March 16, 2022

wednesay: x make appointment for yoshi at spaulding. maybe. 12:30 april 1 west bend friday. x lawyer zoom clean x stairs, x/2 car, yard. upwork. plasma saturn. halston@bertbertbert.com send pat mcafee clip thursday: x plasma saturn. come back saturday am x p o box. unload car. clean yard standup tonight did: dollar tree: lube, clipboard, pens. chocola rockola cafe. oiled playground swings, po box. two loads laundry. put away laundry. bank. paid electric bill $198. bought 1 share tesla $995. found a wet notebook/journal. trying to locate owner info. went by scotty's. no scotty, but a pitbull in a cage. scotty is now here, with a "friend". gas $40. ukraine $20. cranberry $4.

Monday, March 14, 2022

the other new guy has stopped showing up, so i'm doing two people's jobs right now. it's an easy going gig for a hard worker. west side country club. be 14-80, committed to showing up. beginner or experienced. process: send me a message (not a chat.) meet me for coffee, if you seem ok i'll ask chef to hire you. probably part time to start. i'm looking for somebody who when the dishes are caught up will look for something to clean, not just goof off. eoe.

Wednesday, March 09, 2022

thursday list

check bank account for paycheck

tag and bag evidence of march 2nd laptop robbery.

plasma center. take recycling.

clean stairs. put away food. return containers.

friday: come in early.

did today: cleaned corner near machine. cleaned oven racks. brought mat up from silver room. 8 hours. gas $40 at $4.25. watered plants. found garlic to plant.

call wisconsin to cancel screening. dollar store. cvs for blood pressure.

5th 3rd pay bill.
Dont open your mouth when spraying, especially around ladles and bowls.

Always be soaking something. If it doesnt come off the first time you touch it, soak it somewhere and come back when you are more caught up. Dont waste time scrubbing forever if it is avoidable.

Make friends with the rest of the staff. Servers and cooks can help lessen the load in stressful circumstances. Even if they dont, it's better to be in the trenches with people who you dont hate.

Remember that it is just a job, and not a high paying one. Dont do anything you feel unsafe doing. Proper equipment when handling chemicals. Dont go blind because you were too busy to wear goggles when pouring bleach, it isnt worth it.

Always challenge yourself to come up with better ways to do something. Four years, and the guys i worked with would still suprise me. There is always something you can do better.

Maintain your work area. It is yours. Wash the racks, clean the walls, clean the counters, scrub the grime off the floor, clean that smelly drain, clean the dish machine. Take pride in your area.

On busy nights, tempo is important. Dont get burned out by pushing hard right away, keep a maintainable pace. Dont get flustered after seeing stuff piled up. Remember, there is no "ahead" in dishwashing, by nature you are always behind. Just keep your priorities straight. Put pans in to soak right away, focus on items the staff is low on, and enjoy yourself. A good mood makes all the difference.

Tuesday, March 01, 2022

spaudling appointment 3/14 mondat 11:30 am $9000 study 26 days. problems: can i piss clean? is my blood pressure too high? begin ashwaganda. today: check plasma center, zesco for an apron.
ended up not doing the brief. note to self get diomaceous earth bucket, rat poison, rat traps.

Wednesday, February 23, 2022

onboard with upshift Monday, February 28, 2022 12:00pm - 1:00pm EST 2345 S. Lynhurst Drive, Suite 214, Indianapolis, Indiana 46241 pay electric bill $250. check surplus sale. today: plasma sample someday: letter to hq of biolife plasma http://explorer.helium.com possible income stream. buy antenna, get paid small sun monthly. yesterday notes: stripcreator is down so i wasn't able to make comic: didnt get much done tuesday. worked 4-10. called plasma center but didnt go in. dived the usual spot. checked out street behind the club. little free library there needs some books. bought gas $28. 3.25, cheaper elsewhere. i don't remember if i did anything else. my computer from parexel came. plan for today: plasma. goodwill? chase, cash check, pay electric bill, so find electric bill. can't find. wednesday. got blood test at plasma center. construction made it hard to get to chase so didnt. could not pay electric bill without the electric bill. was late to work, lost track of time. did not make it to goodwill. worked 5 hours, did th edishes by myself, slow enough day. no break, my back hurts, but i coped better than last time. didn't get anything else done. stocks lower again. oh went up while i was at work! friday: paid water bill $100. moved $500 from tommy's account, my first paycheck. find electric bill x, pay electric bill, chase.

Friday, February 18, 2022

so far today i

plasma +$60.

worked on the brief

scrap yard +$12.

dolla tree $7. bought food containers.

found a $300 check.

got my social security card for work

time to go to work now - thought i had an hour.

to do

bank to sign up for paylocity.

clean stairs

work on brief

plant stuff?
plaintiff-appellants complain that as to the disclaimer provisions, the opinion below is unsupported by law and is at odds with, for example, nifla v becerra. they are correct as a matter of law, so it would take a ruling by this court to affirm the policy choices of the court below. Shortly after Talley v California, there has been a deep split in authority, with most cases following Talley, but a significant minority allowing compelled disclaimers of campaign speech due to state's strong preferences for the public's "right to know" the sources of campaign speech, perhaps out of a concern that speech by the rich would distort the political process. In Citizens United, Part IV, the court embraced these concerns, praising disclaimer rules 8-1. This has confused lower courts, widening the split in authority, since Citizens on this point directly contradicts cases such as Buckley ACLF. This case presents a good vehicle to resolve the confusion, and make a choice whether to follow the Citizens United dicta, or the line of compelled speech cases beginning at Barnett through Talley McIntyre ACLF (illinois union case) NIFLA. In Bonta, the court announced a new standard of review, toughening the permissive Buckley v Valeo test for disclosures. The court below applied the Bonta standard to disclaimers as well. This is a point worth reviewing. In Bonta, the court heightened scrutiny of political speech funded by the Koch machine. In the instant case, the Bonta standard could be used to relax scrutiny, as an alternative to what Justice Scalia dissenting in McIntyre called a kiss-of-death standard. This issue is not rare or obscure. Many of the states listed in Scalia's footnote 2 in McIntyre continue to have disclaimer statutes. The FEC requires a disclaimer for signs and literature in federal races. Congress is considering legislation to extend these disclaimers to internet ads. After its CEO was hauled before congress, Facebook began requiring disclaimers, without a direct state action link. The vast majority of campaign signs in state and local elections contain disclaimers, under an impression that they are required by law. Rhode island would go further, requiring a disclaimer of the top 5 donors. Citizens United, Part IV, was dicta, was limited to corporations, was a less restricitive means than a complete ban, so it does not cover Rhode Island's statute. If the court continues to support the policy choices it praised in Citizens United, this case is a good vehicle to do so in a holding, perhaps under the new Bonta standard. At least since FEC v McConnell, this area of law has been one of indeterminacy, where states and courts are not sure what the law is. This should be resolved one way or the other. Therefore, certiorari should be granted. The district court, the Amicus Campaign Legal Center, and the circuit court each praised the legislature's policy choices, in choosing to uphold the statute, although in doing so they ignored or mistated controlling cases such as Talley, McIntyre, Wooley v Maynard, ACLF, Town of Gilbert, Janus, and NIFLA. Only this court has the power and authority to change the law to adopt these policy choices. For every Williams v Rhodes, there is a Jenness v Fortson. The court has never held that the First Amendment is absolute. In cases like Burdick v Takushi, Clingman v Beaver, Twin Cities Area New Party, and Crawford v Marion County Election Board, the court has allowed states some breathing room in which to regulate elections, even if this imposed some burdens on First Amendment rights. Rhode Island asks for similar breathing room. There are important constitutional values on both sides of the dispute. The court takes about 80 cases out of about 8,000 petitions for cert. This case should be one of those 80. To resolve a long standing split, to inform the FEC and congress, to explore the new Bonta standard, and to protect the integrity of the election process, at a time when elections are seen as under attack. The danger the state sees is dark money distorting elections. The danger plaintiffs see is chilling of core political speech. The dispute is worthy of the court's limited time. (ending here for now 2:30 friday 2/25/22) the courts below upheld disclosure and disclaimer regulation. the disclosure case is relatively uncontroversial, but the disclaimer issue is a close question. this court's prior precedents do not support the conclusions, and further action by this court would be needed. This case presents the important question of whether to relax the standard of review in disclaimer cases, and allow rhode island to impose criminal sanctions for resisting compelled speech. a recent texas case about on-premise billboards called into question town of gilbert v reed's holding that sign cases always get strict scrutiny when, as here, they are content based. the first question is whether the first circuit correctly used the new bonta standard rather than traditional strict scrutiny. the second question is whether the result of its bonta analysis was correct. if yes, this case represents a bookend, with bonta on one end and this case on the other. discussion of amicus brief by campaign legal center discussion of lower court ruling discussion of first circuit decision discussion of citizens united. discussion of scalia dissent in mcintyre. lower court ruling: Gaspee Project v. Mederos, 482 F. Supp. 3d 11, 13 (D.R.I. 2020) (“The avowed governmental purpose for these requirements is for an electorate that is informed and aware of who or what is spending money in its elections. It is for the Court to determine whether this state interest is sufficiently important to impose the Act's burdens on political speech and whether those burdens are substantially related to achieving that end.”) The avowed governmental purpose for these requirements is for an electorate that is informed and aware of who or what is spending money in its elections. It is for the Court to determine whether this state interest is sufficiently important to impose the Act's burdens on political speech and whether those burdens are substantially related to achieving that end Gaspee Project v. Mederos, 482 F. Supp. 3d 11, 13 (D.R.I. 2020) This includes a message stating "I am ___(name of entity's chief executive officer or equivalent), and ___ (title) of ____ (entity), and I approved its content." https://casetext.com/case/gaspee-project-v-mederos must include on the communication a list of their top five donors during the one-year period prior to the date of the communication. But while "[d]isclaimer and disclosure requirements may burden the ability to speak, ... they ‘impose no ceiling on campaign-related activities ... and ‘do not prevent anyone from speaking.’ " Citizens United , 558 U.S. at 366, 130 S.Ct. 876 (quoting Buckley , 424 U.S. at 64, 96 S.Ct. 612 ; McConnell v. Federal Election Com'n , 540 U.S. 93, 201, 124 S.Ct. 619, 157 L.Ed.2d 491 (2003) ). Gaspee Project v. Mederos, 482 F. Supp. 3d 11, 16 (D.R.I. 2020) “Because disclosure and disclaimer laws are a "less restrictive alternative to more comprehensive regulations of speech," they are subject to "exacting scrutiny," a test that requires the Court to consider whether the law bears a "substantial relation" to a "sufficiently important" governmental interest. ” Gaspee Project v. Mederos, 482 F. Supp. 3d 11, 16 (D.R.I. 2020) The Board argues that the governmental interest at issue, an informed electorate, is achieved by the disclosure of who is financing political speech. This is an interest the Supreme Court has determined is sufficiently important with respect to disclosure and disclaimer laws. See Citizens United, 558 U.S. at 371, 130 S.Ct. 876 (holding that "disclosure permits citizens to react to the speech of corporate entities in a proper way ... [and] to make informed decisions and give proper weight to different speakers and messages"); Here the court relied on daluz and delaware strong, which were disclosure cases, not disclaimer cases. the court erroneously stated that citizens united had so held, but cu's discussion of disclaimers was dicta and not holding. it will take a further decision by this court to so hold. Indeed, "[i]n a republic where the people are sovereign, the ability of the citizenry to make informed choices among candidates for office is essential." NOM , 649 F.3d at 57 (quoting Buckley , 424 U.S. at 14-15, 96 S.Ct. 612 ). This informational interest, however, "is not limited to informing the choice between candidates for political office." Id. "As Citizens United recognized, there is an equally compelling interest in identifying the speakers behind politically oriented messages." Id. Gaspee Project v. Mederos, 482 F. Supp. 3d 11, 17 (D.R.I. 2020) "In an age characterized by the rapid multiplication of media outlets and the rise of internet reporting, the ‘marketplace of ideas’ has become flooded with a profusion of information and political messages. Citizens rely ever more on a message's source as a proxy for reliability and a barometer of political spin. Disclosing the identity and constituency of a speaker engaged in political speech thus ‘enables the electorate to make informed decisions and give proper weight to different speakers and messages.’ " Gaspee Project v. Mederos, 482 F. Supp. 3d 11, 17 (D.R.I. 2020) The Act also furthers the state's "equally compelling interest in identifying the speakers behind politically oriented messages" by requiring those who spend more than $1,000 during that window to disclose [sic] their sponsorship on all electioneering communications, including—for 501(c)(3) and exempt nonprofits only—their top five donors. here the court confused disclosure and disclaimers, which historically have involved different levels of scrutiny. - notes saturday night: one of the major themes of the later 20th century is that the first amendment protects a right of privacy against state action. the cases include naacp v alabama, talley v california, bates v little rock, griswold v connecticut, roe v wade, doe v bolton. rhode island and the first circuit reject this view. texas and others are calling for the court to overturn roe. this case presents an opportunity for the court to discuss the first amendment right of privacy versus possibly compelling state interests in a context removed from the politics of the abortion issue. this is not a case that fits easily into a "liberal" or "conservative" characterization. the faction of the court most eager to undermine roe has tended to oppose censorship of political speech in cases like bonta, janus, becerra, town of gilbert, while roe's supporters often dissented in those cases. == work on the summary of argument part. 1. there is a deep split. this is a good vehicle. 2. citizens united created confusion which has left this area of law in state of indeterminacy, which the court should try to resolve one way or the other. 3. the first circuit was wrong on the law, but makes important policy arguments this court might choose to adopt. 4. a. is bonta the correct standard of review? b. did the court below correctly apply bonta? 5. rhode island seeks, indirectly, maybe inadvertantly, to overturn roe v wade, finding state interests to override any right to privacy. some on the court may welcome this prospect. 6. the statute is more narrowly tailored than those of california in talley and ohio in mcintyre. however it is more burdensome in some respects. if the court upholds the statute, it will send a signal to the states that they have wiggle room as laboratories of democracy to promote the public's "right to know" by criminalizing certain core political speech. there are important values on both sides of the controversy, which the first circuit did not adequately address. jenness v fortson, twin cities area new party, clingman v beaver, burdick v takushi, gobitis, chaplinski, crawford v. marion county election board, buckley v valeo. if the statute is to be upheld, it needs a better reasoned opinion, by the only court with the power to distinguish cases such as nifla and talley.

Monday, February 14, 2022

monday: to do x 0. plasma $100

x 1. finish taxes.

3. print off health records for woodstock club 2 copies.

x 2. bmv memo

x 4. what else? walmart for shoes? buy a clipboard.

5. x make better list. make a comic.

6. headlight. clean car. tie rods.

7. read brief. post to /r/law school about editing.

x 1/2 8. bank, get sample check.

9. parexel laptop.

10. https://freespeechlaw.scholasticahq.com/ redraft brief as law review article. x 11. post about spaulding trial. 12. delaware ago letter. 13. went to advance to check on core charge for battery, guy was not there. get wipers. 14. pnc logon can't, past due $27. 2 bmv memo. To: BMV hearing examiner CC: bmv counsel From: Robbin Stewart Re: Rescheduling hearing. matter # _. I request that the previous telephone hearing be rescheduled. I did not attend, but it was due to excusable neglect. What had happened was that I was in baltimore doing a medical study, but was unexpectedly discharged at the start of the second month. While checking out, I inadvertantly left my laptop behind. So far the site is refusing to return my laptop. I bought another one, this one, but for about a week I was not able to sign into the new device, so I could not access my email, calendar, etc., and did not have the phone code to dial into the hearing. Time is not of the essence. Respectfully submitted, Robbin Stewart.
Code Defect Description Severity Comments 138 Hair restraints Food employees not wearing proper hair restraint. Non-Critical Observed some employees work with food with no hair restraint. Provide and use an approved hair restraint. 171 (c) Minimize contact (Non-Critical) Bare hand contact not minimized with non ready to eat food(s). Non-Critical Ramekin noted inside the bulk containers of flour, starch and sugar in the dry storage area. Replace them with scoop with handles to reduce bare hand contact with food. 177 (a) 5 Uncovered foods (Critical) Foods are uncovered Non-Critical Observed open boxes of starch and flour in the dry storage area. Provide cover to prevent the contamination. 187 (a) (2) Cold holding Potentially hazardous cold foods not held at proper temperatures. Critical Lamb meat measured at 47 degrees F inside the cold top located in the ccook line. Employee stated that they brought it to the cold top from the WIC less than 1 hour ago. Transfer the meat to another cooler. All potentially hazardous cold holding foods should be maintained 41 degrees F at all times. 192 (a) Discarding datemarking Unmarked or expired food(s) not discarded. Critical Container of chicken salad dated on 10/3/2019 noted inside the reach in cooler located in the salad station. Discard the food 227 (a) Fixed equipment spacing/sealing Improper installation of fixed equipment and sealing. Non-Critical There is a gap between the hand sink and the wall in the kitchen prep area. Seal the hand sink to the wall. 295 (a) (b) Food contact surface(s) soiled Food contact surface(s) soiled. Critical Deli slicer located on the prep table in the kitchen is soiled. Cleana and sanitize after each use or every 4 hours. 417 (b) Storage of Personal Items Improper storage of personal item(s) with food or food contact item(s). Non-Critical Employee cell phone was stored on the prep table by the hand sink. Store personal items in designated areas. 431 (a) Walls, floors, etc/soiled Physical structure, walls, floors, and/or ceilings soiled. Non-Critical 1- Floor under the cooking equipment and hot boxes are soiled. Clean2- Celing above the hand sink in the prep area and dish machine room are heavily soiled. Clean 438 Toxic labeling Working container(s) of toxic materials not labeled with common name of contents. Critical No label provided on 3 spray bottle of chemicals with unknown blue and white liquids located under 3 bay sink and under hand sink located in the kitchen. Provide date mark with the name of content. Code Defect Description Severity Comments 438 Toxic labeling Working container(s) of toxic materials not labeled with common name of contents. Critical No label provided on 3 spray bottle of chemicals with unknown blue and white liquids located under 3 bay sink and under hand sink located in the kitchen. Provide date mark with the name of content. 439 Toxic material(s) separation Toxic material(s) improperly stored. Critical 1- Hand sanitizer was stored on the clean dish shelf. Store it away from food and food contact surfaces. Code Defect Description Severity Comments 138 Hair restraints Food employees not wearing proper hair restraint. Non-Critical Seared salmon stored below raw seafood in the low boy coolers on the cookline, store pre-cooked foods above raw proteins 171 (b) Bare hand contact (critical) Bare hand contact with ready to eat food. Critical Observed waitstaff handle crackers with their fingers to put in bread baskets, discontinue. Sous Chef addressed with server.First observation of bare hand contact, warning issued. 173 Cross-contamination Raw animal foods stored incorrectly over ready to eat foods and/or other raw foods. Critical Seared salmon stored below raw seafood in the low boy coolers on the cookline, store pre-cooked foods above raw proteins 196 Consumer advisory Establishment serving undercooked and/or raw animal product with no consumer advisory. Critical Menu with lamb, salmon, steaks, and other menu items that are cooked to order need a consumer advisory statement and a symbol to indicate which menu items are undercooked or raw----------------01/18/19 Recheck: Lamb chops are cooked to order and was not included with the consumer advisory reminder (asterisks) 199 Thawing Potentially hazardous food(s) thawing improperly. Non-Critical Frozen ROP mahi mahi filets thawing on a sheet tray on a speed rack. When thawing a vacuumed sealed fish product, must poke a hole or open the package for thawing, either under running water or under refrigeration 218 Equipment repair Equipment in need of repair. Non-Critical Dessert 2-door reach in cooler handle is broken and no longer smooth or cleanable, will need to replace handle. 234 In use utensil storage In use utensil(s) stored improperly. Non-Critical Knives and spatulas stored in sanitizer. Appropiate storage options include: in water at least 135 F, dry on a clean surface, or in the food with the handle up 334 Air gap-water supply Insufficient air gap between water inlet and flood level rim. Critical Dishmachine sprayer arms x 2 need to be elevated above the sink rim, currently hanging below the sink rim 345 (b) Hand sink improper usage Hand washing facility used for purposes other than hand washing. Critical Colander used in the bar hand sink, discontinue Code Defect Description Severity Comments 115 HACCP for reduced oxygen packaging No HACCP plan for reduced oxygen packaging. Non-Critical Establishment is ROPing various food items such as fish and cheese without a HACCP plan in place. Establishment shall cease all ROP operations. Proivde a HACCP plan to start ROPing again or do not ROP at all. 177 (a) 5 Uncovered foods (Critical) Foods are uncovered Non-Critical 1. Uncovered food items in the walk in freezer.2. Uncovered food items in both walk in coolers.3. Open bag of flour in dry storage area. Bag was closed during inspection.Cover all foods in containers or wrappings to prevent contamination.*This is a repeat violation. 177 (a) 5 Uncovered foods (Critical) Foods are uncovered Non-Critical 1. Uncovered food items in the walk in freezer.2. Uncovered food items in both walk in coolers.3. Open bag of flour in dry storage area. Bag was closed during inspection.Cover all foods in containers or wrappings to prevent contamination.*This is a repeat violation. 177 (a) 5 Uncovered foods (Critical) Foods are uncovered Non-Critical 1. Uncovered food items in the walk in freezer.2. Uncovered food items in both walk in coolers.3. Open bag of flour in dry storage area. Bag was closed during inspection.Cover all foods in containers or wrappings to prevent contamination.*This is a repeat violation. 187 (a) (2) Cold holding Potentially hazardous cold foods not held at proper temperatures. Critical Tuna salad ( 50.2*F) and herb butter (59.5*F) were not being held at proper cold holding temperatures of 41*F or below. Food items were moved into the walk in cooler. 191 Date marking Potentially hazardous ready-to-eat food not properly date marked. Critical 1. Foods not date marked in both the walk in coolers.2. Foods not date marked in both reach in cooler drawers on the cook line.Date mark all PHF ready to eat food products being held more then 24hrs.*This is a repeat violation. 234 In use utensil storage In use utensil(s) stored improperly. Non-Critical Plastic container being used as a scoop without handle was being stored inside the flour bag. Do not store in use utensils where they can contaminate food product. 239 (b) Improper storage of clean equipment Clean equipment and/or utensils stored incorrectly. Non-Critical Clean plastic containers were being stored on the floor in the dish machine area. Containers were moved during inspection and placed on racks. 242 Single-service reuse Single service and single use articles reused. Non-Critical Single service plastic container was being used as a scoop in the flour bag. Scoop was removed during inspection. Do not re-use single use items. 295 (c) Non food contact surface cleaning frequency Non-food contact surface(s) soiled. Non-Critical 1. Reach in freezer is soiled on the bottom shelf. Clean and sanitize. Code Defect Description Severity Comments 296 Food contact cleaning frequency Food contact surface(s) of equipment and/or utensils are not cleaned and sanitized between uses. Critical 1. Knife soiled on the knife rack in the kitchen area.2. Knife rack in the kitchen area soiled.3. Kitchen soiled on the knife rack in the bakery area.4. Knife rack in the bakery area soiled.Knives were removed from racks during inspection. Clean knives and knife racks. 5. Slicer soiled in the kitchen area.Clean and sanitize all food contact surfaces. 296 Food contact cleaning frequency Food contact surface(s) of equipment and/or utensils are not cleaned and sanitized between uses. Critical 1. Knife soiled on the knife rack in the kitchen area.2. Knife rack in the kitchen area soiled.3. Kitchen soiled on the knife rack in the bakery area.4. Knife rack in the bakery area soiled.Knives were removed from racks during inspection. Clean knives and knife racks. 5. Slicer soiled in the kitchen area.Clean and sanitize all food contact surfaces. 296 Food contact cleaning frequency Food contact surface(s) of equipment and/or utensils are not cleaned and sanitized between uses. Critical 1. Knife soiled on the knife rack in the kitchen area.2. Knife rack in the kitchen area soiled.3. Kitchen soiled on the knife rack in the bakery area.4. Knife rack in the bakery area soiled.Knives were removed from racks during inspection. Clean knives and knife racks. 5. Slicer soiled in the kitchen area.Clean and sanitize all food contact surfaces. 431 (a) Walls, floors, etc/soiled Physical structure, walls, floors, and/or ceilings soiled. Non-Critical 1. Mouse droppings found in dry storage and in the dish machine area. 2. Floors soiled in the kitchen under equipment, on the cook line, and at the floor wall junctures in all rooms of the establishment.3. Walls under the 3 bay sink and in the dry storage areas area soiled.3. Mop sink room floor soiled.Clean and maintain. 431 (a) Walls, floors, etc/soiled Physical structure, walls, floors, and/or ceilings soiled. Non-Critical 1. Mouse droppings found in dry storage and in the dish machine area. 2. Floors soiled in the kitchen under equipment, on the cook line, and at the floor wall junctures in all rooms of the establishment.3. Walls under the 3 bay sink and in the dry storage areas area soiled.3. Mop sink room floor soiled.Clean and maintain. 431 (a) Walls, floors, etc/soiled Physical structure, walls, floors, and/or ceilings soiled. Non-Critical 1. Mouse droppings found in dry storage and in the dish machine area. 2. Floors soiled in the kitchen under equipment, on the cook line, and at the floor wall junctures in all rooms of the establishment.3. Walls under the 3 bay sink and in the dry storage areas area soiled.3. Mop sink room floor soiled.Clean and maintain. 438 Toxic labeling Working container(s) of toxic materials not labeled with common name of contents. Critical Code Defect Description Severity Comments 173 Cross-contamination Raw animal foods stored incorrectly over ready to eat foods and/or other raw foods. Critical Raw shell eggs stored over 2 containers of sauce, one of which was not covered. Cover any food product. Store eggs so that they do not contaminate any food product. Corrected during inspection. 177 Food storage Food stored in unprotected manner. Non-Critical Boxes stored on the floor in the walk-in freezer. Store food six inches above the floor. Corrected during inspection. 177 (a) 5 Uncovered foods (Critical) Foods are uncovered Non-Critical Foods stored uncovered in walk-in coolers such as pie, creme brulee, pasta salad, hot dogs, crepes, and lobster. All food should be stored covered or in packages. Corrected during inspection. 218 Equipment repair Equipment in need of repair. Non-Critical Sprayer nozzle in the 3 bay dish area does not work properly. When in use the nozzle sprays water from the sides as well as the bottom. Reapair or replace. 234 In use utensil storage In use utensil(s) stored improperly. Non-Critical Knife stored in the sanitizer bucket. Do not store utensils or any equipment in the sanitizer bucket. Corrected during inspection. 294 Chemical sanitizer concentration Chemical sanitizer not present, not at proper concentration, and/or temperature for in-place sanitizer, manual or machine warewashing. Critical Dish machine sanitizer is reading at 0ppm. Sous Chef states that a technician has been called and will arrive later today to fix the machine. The employees will sanitize dishes in the 3 bay sink. 295 (a) (b) Food contact surface(s) soiled Food contact surface(s) soiled. Critical Deli style slicer soiled. Clean and sanitize. Clean slicer after each use or after every 4 hours during constant use. 295 (c) Non food contact surface cleaning frequency Non-food contact surface(s) soiled. Non-Critical Reach in freezer on the cook line closest to the wait staff area is soiled. Clean and sanitize. 438 Toxic labeling Working container(s) of toxic materials not labeled with common name of contents. Critical