October 15, 2017

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Kaepernick Files Grievance Saying NFL, Owners Conspired To Shut Him Out

San Francisco 49ers Eric Reid (35) and Colin Kaepernick (7) take a knee during the National Anthem prior to their season opener against the Los Angeles Rams during an NFL football game on Monday, Sept. 12, 2016, in Santa Clara, CA.

Daniel Gluskoter/AP

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Daniel Gluskoter/AP

Free-agent NFL quarterback Colin Kaepernick has filed a grievance against the NFL and team owners alleging that they colluded to keep him out of the league following his pregame protests during the National Anthem.

Kaepernick, the former San Francisco 49ers quarterback who took a knee during the playing of the national anthem before games last season to protest police treatment of blacks, alleges that the NFL and team owners violated anti-collusion provisions in the league’s collective bargaining agreement with its players.

“If the NFL (as well as all professional sports teams) is to remain a meritocracy, then principled and peaceful protest — which the owners themselves made great theater imitating weeks ago — should not be punished and athletes should not be denied employment based on partisan political provocation by the Executive Branch of our government,” Kaepernick’s attorney, Mark Geragos said in a statement, according to ESPN.

“Such a precedent threatens all patriotic Americans and harkens back to our darkest days as a nation. Protecting all athletes from such collusive conduct is what compelled Mr. Kaepernick to file his grievance,” Geragos said.

ESPN writes:

“Kaepernick is not going through the NFL Players Association but has instead hired Geragos, who has represented several high-profile clients, including Michael Jackson, former NASCAR driver Jeremy Mayfield and musician Chris Brown.”

As NPR’s Tom Goldman reported back in August, when it became clear that Kaepernick would go unsigned by any team, collusion is difficult to prove.

The language of the provision in the collective-bargaining agreement that Kaepernick cites requires “clear and convincing evidence of a violation.”

Even so, Tom explains in a newscast report, “to prove collusion, [Kaepernick] doesn’t have to show every team is conspiring – it can be as few as two teams, or one team and the league agree they want to keep out the former Super Bowl quarterback.”

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As Trump Moves To Renegotiate NAFTA, U.S. Farmers Are Hopeful But Nervous

Chip Councell’s ancestors began farming on Maryland’s Eastern Shore in 1690. He says that in today’s world, U.S. farmers have to look abroad for markets.

John Ydstie/NPR

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John Ydstie/NPR

President Trump made his view of the North American Free Trade Agreement very clear during the presidential election. He called NAFTA “the worst trade deal in … the history of this country.” And Trump blamed NAFTA for the loss of millions of U.S. manufacturing jobs.

His administration is in the midst of renegotiating the free trade deal with Canada and Mexico, and that is making many U.S. farmers and ranchers nervous.

In the fellowship hall of a Lutheran church on Maryland’s Eastern Shore, Chip Councell, a local farmer, sings the praises of the lunch just served to a trade delegation from Taiwan. He touts “a truly local meal” of local sweet corn, tomatoes and fried chicken, along with “crabcakes from the local rivers.”

But while crabs are a cherished symbol of Maryland, these visitors from Taiwan are here to buy U.S. yellow corn for feed and ethanol production. This little white church sits in the middle of corn and soybeans fields on America’s rich farmland between the Atlantic Ocean and the Chesapeake Bay.

Councell raises 650 acres of corn each year, along with soybeans and wheat. His ancestors began farming here in 1690. “My son farms with us in the operation, and he is the 11th generation,” he says.

Councell says that in today’s world, U.S. farmers have to look abroad for markets.

“Ninety-six percent of the world’s population lives outside of our borders,” he notes. America is “very blessed to have productive farmland, [a] productive agricultural system. If we are to going grow and prosper then outside of our borders, that is our market.”

In fact, Canada and Mexico, America’s NAFTA partners, are two of the biggest markets for U.S. farmers. Mexico is the No. 1 buyer of U.S. corn. So Councell, a past chairman of the U.S. Grains Council, says he and a lot of other corn farmers were alarmed when candidate Trump attacked NAFTA, a trade deal that has opened the door for U.S. corn exports to Mexico and Canada.

Councell says he has been told by Trump administration officials that they understand NAFTA’s importance for agriculture and that a main goal in the negotiations “is to do no harm to agriculture.” But, he says, “unfortunately if we look back over time in history, if there are trade disputes among countries, usually agriculture is the one that gets hit first and hit the hardest.”

Trade expert Chad Bown of the Peterson Institute for International Economics agrees. “It’s inevitable that agriculture will suffer collateral damage if the NAFTA agreement is terminated or it somehow ends up being in much diminished form,” he says. And that would be unfortunate, Bown says, because “agriculture has been such a success story for the United States” under the treaty.

And it is not just for corn exports. At a recent meeting of the North Dakota Stockmen’s Association in Fargo, a roomful of ranchers in big hats and pearl-button shirts heard speakers talk about the relationship between exports and prices.

Julie Ellingson, who raises cattle with her husband south of Mandan, N.D., is the group’s executive vice president. She says beef exports add about $300, on average, to the price of each beef animal. And she says, “that is real dollars and cents to the farmers and ranchers across North Dakota.”

Julie Ellingson, executive vice president of the North Dakota Stockmen’s Association, says exports are key because they boost cattle prices.

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But it’s not only because of the added pounds of U.S. beef being shipped across borders. Ellingson says the tastes of foreign consumers mean they purchase some the kinds of beef “that don’t have as much value here in the United States.” Cuts like tongue, liver and kidneys are more valuable in Mexico, which buys $800 million worth of U.S. beef each year. Canada imports $1 billion worth a year, including lots of middle cuts like steaks and roasts.

NAFTA pushed tariffs to zero, virtually eliminating the barriers to the beef trade between the U.S. and its two neighbors. And the Trump administration has said its goal is make sure U.S. farmers don’t lose in the renegotiation of NAFTA.

But, back amid the cornfields of Maryland’s Eastern Shore, Councell says he is not sure how it will turn out. “I don’t think anybody knows,” he says. “We’re optimistic, we’re hopeful, but a little bit nervous as well.”

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As She Evacuated Patients From The Hospital, Her Home Burned

Hundreds of homes in the Coffey Park neighborhood that were destroyed by the Tubbs Fire on October 11, 2017, in Santa Rosa, California.

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Julayne Smithson was working an overnight shift in the Intensive Care Unit at the Kaiser Permanente hospital in Santa Rosa, Calif., when massive wildfires started racing through the city late last Sunday.

Smithson had no idea how close they were. She was too busy taking care of her patient. Then, she says, “One of the nurses came up to me and she said, ‘Julayne, I’m sorry, but your house is not going to make it.'”

Smithson, 55, recently moved from Indiana and had just bought a new home a few weeks ago. From the hospital window, she could see the flames moving through her neighborhood.

“I was so busy working the last couple of weeks that I didn’t get my insurance, which I never do. I never ever, ever go uninsured,” she says. “I kept saying, ‘Tomorrow, I’m going to do that. Tomorrow, I’m going to do that.’ “

Smithson asked a colleague to watch her patient while she raced home to try to save a few things. The fire was a block away.

“I knew I didn’t have much time,” she says. “So I ran inside and I thought, ‘I have to get my nursing documents, because if I’m going to lose everything I own, I have to be able to work, to care for patients.'”

She grabbed the papers, a pair of scrubs and a nightgown, and raced back to the ICU. Over the next two hours, smoke filled the hospital.

“All of a sudden the police busted in the door and they said, ‘Everybody out! ‘Grab what you can carry, get your patients, and go now,'” she recalls.

One of Kaiser’s emergency room doctors took charge as the fire approached, setting up a disaster command center, and making the call to evacuate the hospital’s 130 patients.

“It’s a really challenging decision to make, one you don’t make lightly,” says Joshua Weil, Kaiser’s ER doctor in charge that night. “You have to weigh the potential risk of moving hospitalized patients and patients from the emergency department, versus the risk of keeping them where they are.”

He decided to evacuate when the fire moved suddenly toward the hospital. Firefighters told him the blaze was 100 to 200 yards from the property, posing an imminent threat to the hospital structure.

“They literally used the words, ‘We’re making the last stand,'” Weil says.

Staff immediately started assessing and triaging patients.

Patients who could walk, staff guided to a bus provided by the city. Patients who couldn’t walk, like Smithson’s critical patient, had to wait.

Nearby Sutter Santa Rosa Regional Hospital was also evacuating, and they had close to 80 patients, so ambulances were in high demand.

“A lot of nurses and staff were putting patients in their cars and driving them to the hospital,” she says. “And then other people were carrying people on blankets, people who couldn’t walk, and putting them in cars.”

In the end, Smithson says they waited about 15 minutes for an ambulance, but it was a long 15 minutes. Her team was manually pumping air into her patient’s mouth with an air bag. A team of five had to push him, in his bed with all the monitors, through the parking lot several times to get away from fast-moving smoke and flames. His medication was running low and he was getting agitated.

“The pharmacy pre-mixes those medicines for us, but we didn’t have time to prepare extra medication for a trip like that because it just came up so fast,” she says.

Three hours passed from the moment the evacuation was called to the moment the last patient was out of the hospital, Weil says.

Smithson’s patient and others made it safely to Santa Rosa Memorial Hospital, about four miles away. About a hundred less critical patients were transferred to Kaiser’s hospital in San Rafael, about 40 miles away.

Beatrice Immoos was one of the nurses there getting prepped to receive the influx.

“We were essentially told that we were in a disaster situation and all ratios were out the window,” she says, meaning nurses would be assigned more patients than usually allowed under California law. “They were going to start triaging people through the ER.”

She remembers patients arriving wearing colored armbands, indicating the severity of their health status. These were likely assigned by paramedics during transport, Weil says.

“This level of disaster is a new one for us,” says Immoos. “It was very emotional, but there was a lot of resolve. Every day, nurses are always working with the common goal of taking care of our patients, and in a disaster, it’s just even more hands on deck working to get them the best treatment.”

The hospital put out calls for volunteer nurses to come help in San Rafael. Many responded, including Julayne Smithson. Her husband was supposed to fly in from Indiana in two days, but with their new home gone, she told him to wait.

“I said, ‘Well, I don’t have anywhere to go right now. And we don’t know what’s going on,'” she says. “So I said ‘I’ll go to San Rafael and help there.'”

Another nurse offered Smithson a pullout couch in a spare room. She’s been sleeping there during the day, and working 7 p.m. to 7 a.m. every night since the fire. She says all she wants to do right now is help patients, so she doesn’t have to think about what she’s lost.

This story is part of a reporting partnership with NPR, KQED and Kaiser Health News, which is not affiliated with Kaiser Permanente.

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