Netflix buys exclusive rights to Disney movies

Netflix Inc. has acquired exclusive U.S. rights to movies from Walt Disney Studios in a deal that catapults the Internet video-on-demand service into direct competition with pay TV giants such as HBO and Showtime.

The three-year agreement takes effect in 2016 and is a blow to the pay channel Starz, which currently has the rights to broadcast Disney movies, including its Pixar animated films and Marvel superhero pictures, about eight months after they are released in theaters.

Starz's sole remaining movie provider is now Sony Pictures. That partnership ends in 2016.

VIDEO: Disney buys Lucasfilm - Mickey meet Darth Maul

Disney has also agreed to give Netflix nonexclusive streaming rights to more of its older titles — including "Dumbo," "Pocahontas" and "Alice in Wonderland" — starting immediately.

Netflix's chief content officer, Ted Sarandos, called the deal "a bold leap forward for Internet television."

"We are incredibly pleased and proud this iconic family brand is teaming with Netflix to make it happen," he said.

Netflix stock soared on the news, rising $10.65, or 14%, to $85.65.

Shares in Starz's parent company, Liberty Media Corp., fell $5.49, or 5%, to $105.56.

Currently, Netflix has nonexclusive rights to movies from Paramount Pictures, Lionsgate and Metro-Goldwyn-Mayer via a deal with pay channel Epix, as well as an array of library titles from other studios. Its only exclusive movie rights come from independent studios such as Relativity Media and DreamWorks Animation. It also has a wide variety of television reruns.

Sarandos and Netflix Chief Executive Reed Hastings have long said the company wanted to get exclusive pay TV rights to films from one of Hollywood's six major studios to boost its online entertainment service.

PHOTOS: Disney without Pixar

However, Hastings has also at times downplayed the importance of new movies. Netflix previously had streaming rights to Disney and Sony movies via a deal with Starz. In January, investors expressed their concerns that the pending disappearance of those movies would hurt the service. Hastings said in a letter to investors that Disney films accounted for only 2% of domestic streaming and the loss would not be felt.

Since then, though, the Disney movie slate has become more attractive. At that time, Netflix did not have access to movies from Disney's Marvel superhero unit or the "Star Wars" titles from its pending acquisition of Lucasfilm Ltd.

The end of the Starz agreement accelerated a trend that has seen Netflix evolve into a television company, with reruns of shows such as "Mad Men" accounting for about two-thirds of the content streamed by users.

With several original programs launching next year, including the Kevin Spacey political drama "House of Cards," and a direct connection to a growing number of Internet-enabled televisions, Netflix is on the verge of standing on par with many TV networks.

Netflix charges $8 a month for its streaming service, while premium cable networks such as HBO cost $13 to $18 a month, and that's on top of a monthly bill for other channels that typically exceeds $50. It remains to be seen whether the addition of Disney products and more original programming could lead Netflix to increase its price.

PHOTOS: Hollywood back lot moments

The Netflix spending spree could continue, with Sarandos telling Bloomberg News on Monday that his company would bid for rights to Sony movies when its Starz deal expires.

Netflix might have a tougher time wresting away the rights to Warner Bros., 20th Century Fox or Universal Pictures releases from their current deals with HBO, which like Warner is part of Time Warner Inc. Paramount, Lionsgate and MGM are almost certain to stick with Epix, of which the trio are co-owners.

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No word from Supreme Court on gay marriage cases

WASHINGTON — The Supreme Court justices are not exactly facing the "fiscal cliff," but they will be under more pressure this week to decide which gay marriage cases they will rule on this term.

They discussed the pending appeals at their private conference on Friday, but announced no decisions. The justices will try again at their weekly conference this Friday, the last such meeting before the long holiday recess.

It is not uncommon for the justices to discuss an appeal for two or more weeks before voting to grant it. The gay marriage question is complicated because there are 10 pending appeals, including a defense of California's Proposition 8, which bans same-sex marriage.

Eight of the appeals ask the court to rule on the constitutionality of the Defense of Marriage Act, which bars federal benefits to legally married gay couples. Judges in New England, New York and California have declared this provision unconstitutional because it denies gays and lesbians equal protection of the laws.

The Supreme Court has a duty to rule when a major federal law has been struck down in one part of the nation. But it is not clear which case the court should decide.

The first ruling on the issue arose when Nancy Gill, a postal worker from Massachusetts, sued because she could not include her female spouse on her healthcare plan. She won, but Justice Elena Kagan may be forced to sit out that case because she worked on it as solicitor general, potentially setting up a 4-4 tie.

In October, Solicitor Gen. Donald Verrilli Jr. advised the court that the New York case of Edith Windsor "now provides the most appropriate vehicle" for deciding the constitutional question. It was filed after Kagan had stepped aside from the Justice Department.

Windsor and her partner, Thea Spyer, lived together for more than 40 years and married in Canada in 2007. When Spyer died in 2009, she left her estate to Windsor, but the Internal Revenue Service assessed Windsor $363,000 in estate taxes, saying she did not qualify as a "surviving spouse."

But because Windsor and Spyer were married in Canada, they may not serve as the proper stand-ins for the other plaintiffs who were legally married in one of the states.

Massachusetts has raised a third complication. State Atty. Gen. Martha Coakley filed a separate appeal and urged the court to decide the issue on states' rights grounds. Since marriage has always been a matter of state law, she argued, the Defense of Marriage Act violates the 10th Amendment, which protects the powers of the states.

If the court sees a problem with the Gill or Windsor cases, it could opt to decide similar cases involving federal benefits brought by same-sex couples from Connecticut, New Hampshire, Vermont and California.

Once the justices decide which of the Defense of Marriage Act cases to hear, they must decide whether to go further and rule on California's Proposition 8 and the potentially broader issue of the right to marry for gay couples. If the court votes to hear the case, the justices will decide by next summer on whether the state's ban on gay marriage violates the Constitution's guarantee of equal protection of the laws.

If the court turns down the appeal, it will clear the way for gay marriages to resume in California, but without setting a national precedent.

In addition, Arizona has asked the court to revive a state measure that denies benefits to the domestic partners of state employees — a case known as Brewer vs. Diaz.

The court's recent practice has been to announce on Friday afternoon which cases have been granted a review, and to announce on Monday the appeals that were turned down.

david.savage@latimes.com

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Court upholds $319M verdict in 'Millionaire' case

LOS ANGELES (AP) — A federal appeals court on Monday upheld a $319 million verdict over profits from the game show "Who Wants to Be a Millionaire" and rejected Walt Disney Co.'s request for a new trial.

A jury decided in 2010 that Disney hid the show's profits from its creators, London-based Celador International. The ruling Monday by a three-judge panel of the 9th U.S. Circuit Court of Appeals found no issues with the verdict or with a judge's rulings in the case.

"I am pleased that justice has been done," Celador Chairman Paul Smith said in a statement.

Disney did not immediately comment on the decision.

The ruling comes more than two years after the jury ruled in Celador's favor after a lengthy trial that featured testimony from several top Disney executives. The company sued in 2004, claiming Disney was using creative accounting to hide profits from the show, which first ran in the United States from August 1999 to May 2002 and was a huge hit for ABC.

The jury found that Celador was owed $269.2 million, and a judge later added $50 million in interest to the judgment.

The appeals court determined the verdict was not "grossly excessive or monstrous" and that it was not based on speculation or guesswork.

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With Some Hospitals Closed After Hurricane Sandy, Others Pick Up Slack

A month after Hurricane Sandy struck New York City, unexpectedly shutting down several hospitals, one Upper East Side medical center had so many more emergency room patients than usual that it was parking them in its lobby.

White and blue plastic screens had been set up between the front door and the elevator banks in the East 68th Street building of that hospital, NewYork-Presbyterian/Weill Cornell. The screens shielded 10 gurneys and an improvised nursing station from the view of people obliviously walking in and out of the soaring, light-filled atrium.

“It’s like a World War II ward,” Teri Daniels, who had been waiting a day and a half with a relative who needed to be admitted, said last week.

Since the storm, a number of New York City hospitals have been scrambling to deal with a sharp increase in patients, forcing them to add shifts of doctors and nurses on overtime, to convert offices and lobbies to use for patients’ care, and even, in one case, to go to a local furniture store to buy extra beds.

At Beth Israel Medical Center, 11 blocks south of the Bellevue Hospital Center emergency room, which was shuttered because of storm damage, the average number of visits to the E.R. per day has risen to record levels. Visits have increased by 24 percent this November compared with last, and the numbers show no sign of dropping. Hospital admissions have risen 12 percent compared with last November.

Most of the rise in volume is from patients who had never been to Beth Israel before. An emergency room doctor at the hospital described treating one patient who said he had been born at Bellevue and had never before gone anywhere else.

Emergency room visits have gone up 25 percent at NewYork-Presybterian/Weill Cornell, which in Bellevue’s absence is the closest high-level trauma center — treating stab wounds, gun wounds, people hit by cars and the like — in Manhattan from 68th Street south. Stretchers holding patients have been lined up like train cars around the nursing station and double-parked in front of stretcher bays.

In Brooklyn, some patients in Maimonides Medical Center’s emergency room who need to be admitted are waiting two or three days for a bed upstairs, instead of four or five hours. Almost every one of the additional 1,100 emergency patients this November compared with last November came from four ZIP codes affected by the storm and served by Coney Island Hospital, a public hospital that was closed because of storm damage.

The number of psychiatric emergency patients from those same ZIP codes has tripled, in a surge that began three days before the hurricane, perhaps fueled by anxiety, as well as by displacement from flooded adult homes or programs at Coney Island Hospital, doctors said.

The Maimonides psychiatric emergency room bought five captain’s beds — which do not have railings that can be used for suicide attempts — at a local furniture store, to accommodate extra patients. The regular emergency room had to buy 27 new stretchers after the hurricane, “and we probably need a few more,” the department’s chief, Dr. John Marshall, said.

The emergency room and inpatient operations of four hospitals remain closed because of flooding and storm damage. Besides Bellevue and Coney Island, NYU Langone Medical Center and the VA New York Harbor Healthcare System, both near Bellevue on the East Side of Manhattan, are closed.

While the surge in traffic to other hospitals has been a burden, it has also been a boon, bringing more revenue.

On the Upper East Side, the storm has helped Lenox Hill Hospital, which has a history of financial problems. It took two or three wards that had been turned into offices and converted them back to space for patients. Emergency room visits are up 10 percent, and surgery has been expanded to seven days a week from five.

“We usually operate at slightly over 300 beds, and now we’re at well over 550,” Carleigh Gustafson, director of emergency nursing, said.

Conversely, administrators at the shuttered hospitals, especially NYU Langone, a major teaching center, worry that their patients and doctors are being raided, with some never to return.

NYU’s salaried doctors are being paid through January, on the condition that they do not take another job. But at the same time, they need a place to practice, so NYU administrators have been arranging for them to work as far away as New Jersey until the hospital reopens. Lenox Hill alone has taken on close to 300 NYU doctors, about 600 nurses, and about 150 doctors in training, fellows and medical students.

Obstetricians and surgeons from the closed hospitals have been particularly disadvantaged, since they are dependent on hospitals to treat their patients. Many displaced surgeons have been reduced to treating only the most desperately ill, and operating on nights and weekends, when hospitals tend to be least well staffed.

“I think there’s no question that a lot of people have postponed anything that they can postpone that is elective,” said Dr. Andrew W. Brotman, senior vice president at NYU.

In mid-November, Dr. Michael L. Brodman, chairman of obstetrics at Mount Sinai Medical Center, sent out a memo saying his department had taken on 26 NYU physicians, as well as nurses and residents, but “clearly, that is too much for us to handle long term.”

Since then, 15 of the physicians have gone to New York Downtown Hospital, while Mount Sinai has retained 11 doctors and 26 nurses.

“We are guests in other people’s homes,” Dr. Brotman of NYU said, “and we are guests who have to some degree overstayed their welcome.”

Joanna Walters contributed reporting.

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Rupert Murdoch pulls plug on 'the Daily,' first news app for iPad

Rupert Murdoch has pulled the plug on News Corp.'s high-profile experiment to create a digital national newspaper.

The demise of the Daily, announced Monday by News Corp., illustrates the challenges the media baron faces as he attempts to transform his global publishing empire for the Internet age.

The Daily was introduced nearly two years ago as the first news application for Apple Inc.'s iPad and was designed to dazzle a generation of young readers who found print publications too dated and stodgy. But in the end, News Corp.'s expensive endeavor violated an old-school media tenet: Don't be boring.

"The Daily wasn't very interesting," said Ken Doctor, a news industry analyst and author of "Newsonomics," a book about the future of the online news business. "Visually, it was attractive, but they forgot that if you are going to call it the Daily you have got to change people's daily reading habits. They never presented enough of a compelling reason to read the Daily."

Analysts estimated that News Corp. spent at least $80 million to hire big-name journalists and designers and operate the application with the look of a high-end magazine. Along the way, Murdoch discovered that established brands such as the Wall Street Journal would be a more potent draw for readers in the digital world rather than trying to create a new title from scratch.

The Daily will cease publication Dec. 15. Its technology and some employees will be folded into the New York Post, one of Murdoch's old-media titles.

"From its launch, the Daily was a bold experiment in digital publishing," Murdoch said in a statement. "Unfortunately, our experience was that we could not find a large enough audience quickly enough to convince us the business model was sustainable in the long term."

News Corp. on Monday outlined a sweeping restructuring as it prepares to break into two separately traded companies next year. It plans to spin off its publishing assets, including the Journal, the Post, the Times of London, the Australian and book publisher HarperCollins, into an entity that will retain the News Corp. name "in keeping with the company's 60-year heritage of bringing news to the world," Murdoch said.

The more profitable entertainment properties will constitute the second company, the Fox Group. The entertainment side will boast News Corp.'s vast television assets, including Fox Broadcasting, cable channels FX, Fox News Channel and National Geographic, regional sports networks, and interests in British and European satellite services, as well as the 20th Century Fox movie studio.

Murdoch, 81, will be the chairman and chief executive of the Fox Group. He will remain chairman of the reconstituted and much smaller News Corp. Robert Thomson, managing editor of the Wall Street Journal, will become chief executive of the publishing company when the corporate split is complete, most likely next summer.

The selection of Thomson, 51, to run the company confirms his increasing stature within Murdoch's enterprise. Thomson, who like Murdoch is a native of Australia, has been an increasingly close confident of Murdoch since he was installed as managing editor of the Journal and editor in chief of its parent, Dow Jones & Co., in 2008. Before joining Dow Jones, the onetime China correspondent served as editor of the Sunday Times, another News Corp. paper, for six years. Before that, he was editor of the U.S. edition of the Financial Times, owned by News Corp. rival Pearson.

Murdoch, in a Twitter post, called Thomson "a special leader and great friend. Also an Aussie!" In the company's statement, Murdoch singled out the Journal's growth internationally and the U.S. during Thomson's tenure.

The company said the Journal's deputy editor in chief, Gerard Baker, 50, will succeed Thomson. Baker has worked at the Times of London, BBC and Financial Times.

Separately, the company said Tom Mockridge, who was tapped last year to lead News Corp.'s scandal-plagued British newspaper unit News International, would leave the company at the end of this month. Mockridge, who was passed over for the CEO job in favor of Thomson, had worked at News Corp. since 1991.

Mike Darcey, 47, chief operating officer at pay-TV operator British Sky Broadcasting Group, will replace Mockridge at News International, the company said. He will become the division's third chief in less than two years. Mockridge last year was dispatched to replace Rebekah Brooks, who was forced to resign over News International's hacking and bribery scandal at the company's now-closed News of the World and faces a criminal trial next year.

Monday's moves were designed, in large part, to structure News Corp. for a new era. Wall Street had long agitated for News Corp. to shed its newspapers and focus on the more profitable television channels and moviemaking. But Murdoch refused to relinquish his publishing titles. Instead, he agreed to separate News Corp. to appease investors and give him the freedom to buy new properties.

The company has more than $10 billion in cash, and has begun a buying spree that includes regional sports networks and an Australian television business. The company is said to be contemplating other acquisitions in the old-media space, including the Los Angeles Times and book publisher Simon & Schuster, owned by CBS Corp.

The company would like to bolster its HarperCollins publishing arm, reportedly to better compete against the powerhouse Amazon.com, which has the ability to offer price discounts.

"The power of the written word has been in my bones for my entire life," Murdoch wrote Monday in the email to employees. "It began as I listened to my father's stories from his days as a war correspondent and, later, as a successful publisher. It deepened when, starting in grammar school, I rolled up my sleeves and worked alongside fellow students to publish school journals."

meg.james@latimes.com

dawn.chmiewlewski@latimes.com

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Coast Guardsman is killed after suspected smugglers ram his boat

A veteran U.S. Coast Guard chief petty officer was killed Sunday after suspected smugglers rammed his vessel near Santa Cruz Island, casting him into the ocean with a fatal head wound.

Chief Petty Officer Terrell Horne III, 34, of Redondo Beach was second in command of the Halibut, an 87-foot patrol cutter based in Marina del Rey. Authorities said they could not recall a Coast Guard chief petty officer being killed in such a manner off the coast of California.

Early Sunday morning, the Halibut was dispatched to investigate a boat operating near Santa Cruz Island, the largest of California's eight Channel Islands. The island is roughly 25 miles southwest of Oxnard.

The boat, first detected by a patrol plane, had fallen under suspicion because it was operating in the middle of the night without lights and was a "panga"-style vessel, an open-hulled boat that has become "the choice of smugglers operating off the coast of California," said Coast Guard spokesman Adam Eggers.

The Coast Guard cutter contains a smaller boat — a rigid-hull inflatable used routinely for search-and-rescue operations and missions that require a nimble approach. When Horne and his team approached in the inflatable, the suspect boat gunned its engine, maneuvered directly toward the Coast Guard inflatable, rammed it and fled.

The impact knocked Horne and another Coast Guardsman into the water. Both were quickly plucked from the sea. Horne had suffered a traumatic head injury. While receiving medical care, he was raced to shore aboard the Halibut. Paramedics met the Halibut at the pier in Port Hueneme and declared Horne dead at 2:21 a.m.

"We are deeply saddened by the loss of our shipmate," said Adm. Robert J. Papp, the Coast Guard commandant. "Our fallen shipmate stood the watch on the front lines protecting our nation, and we are all indebted to him for his service and sacrifice."

The second crew member knocked into the water suffered minor injuries and was treated and released from a hospital later Sunday. He was not identified.

Using a helicopter and a 45-foot boat stationed in Los Angeles, the Coast Guard later found the panga and stopped it.

Two men were detained. The Coast Guard declined to identify them or say whether drugs were found aboard the boat. A second suspicious vessel was believed to have been traveling alongside the panga before the incident.

"We are actively working to ensure that all of the individuals involved in this illegal activity are brought to justice," said Coast Guard Capt. James Jenkins.

The Coast Guard was unable to provide a detailed account of Horne's service.

He had been heralded by the agency on several occasions.

He appears to have arrived in Southern California last summer after serving for two years as an executive petty officer in Emerald Isle, N.C. There, he received a Coast Guard Commendation Medal for his leadership in 63 search-and-rescue cases, in which 38 lives were saved.

According to an account of the medal ceremony, the most notable of those operations involved a boat that capsized in a North Carolina inlet in 2010. The account said he coached his team through "treacherous" sea conditions to rescue five people.

The Coast Guard also noted Horne's involvement in a January operation in which the Halibut found and stopped two boats operating at midnight with

no lights. The boats contained 2,000 pounds of marijuana.

In the last five years, as U.S. authorities have become increasingly successful at blocking traditional land routes, smugglers have taken increasingly to the sea — ferrying both drugs and immigrants. Authorities believe a smuggling vessel is launched toward California every three days; the number of immigrants and smugglers arrested at sea or along the coast more than doubled to 867 in 2010 from the previous year.

Drug runners and human smugglers have run ashore at a dog beach in Del Mar, at Crystal Cove in Orange County and next to the San Onofre nuclear power plant. Border Patrol agents have been diverted from land to sea, and an agency supervisor recently called the ocean "the front line."

The eruption in sea-based smuggling has created the same cat-and-mouse game in the ocean that has long existed along the U.S.-Mexico border. Smuggling boats often travel without lights and at a slow speed to limit their wakes. When U.S. agents began disrupting routes into San Diego beaches, smugglers began conducting counter-surveillance, using radios to direct boat pilots to unguarded beaches.

scott.gold@latimes.com

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Specs surface for alleged low-end $99 Nexus 7

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Jackson's 'Bad' jacket, costumes sold at auction

LOS ANGELES (AP) — Costumes worn by Michael Jackson commanded hundreds of thousands of dollars at auction, and Lady Gaga was among the collectors.

Gaga tweeted Sunday that she bought 55 pieces in the sale administered by Julien's Auctions and said she plans to keep the items "archived and expertly cared for in the spirit and love of Michael Jackson, his bravery and fans worldwide."

Auctioneer Darren Julien said the jacket Jackson wore during his "Bad" tour fetched $240,000. Two of Jackson's crystal-encrusted gloves sold for more than $100,000 each, as did other jackets and performance costumes.

The auction featuring the collection of Jackson's longtime costume designers Dennis Tompkins and Michael Bush raised more than $5 million. Some proceeds benefited Guide Dogs of America and Nathan Adelson Hospice of Las Vegas.

___

Online:

www.juliensauctions.com

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Vietnam Veterans, Claiming PTSD, Sue for Better Discharges

NEW HAVEN — In the summer of 1968, John Shepherd Jr. enlisted in the Army, figuring that the draft would get him anyway. By January 1969, he was in the Mekong Delta, fighting with the Ninth Infantry Division.

Within a month, his patrol was ambushed, and Mr. Shepherd responded by tossing a hand grenade into a bunker that killed several enemy soldiers. The Army awarded him a Bronze Star with a valor device, one of its highest decorations.

Yet the medal did little to assuage Mr. Shepherd’s sense of anxiousness and futility about the war. A few weeks after his act of heroism, he said, his platoon leader was killed by a sniper as he tried to help Mr. Shepherd out of a canal. It was a breaking point: his behavior became erratic, and at some point he simply refused to go on patrol.

“I never felt fear like I felt when he got shot,” Mr. Shepherd said last week.

After a court-martial, the Army discharged Mr. Shepherd under other-than-honorable conditions, then known as an undesirable discharge. At the time, he was happy just to be a civilian again. But he came to rue that discharge, particularly after his claim for veterans benefits was denied because of it.

Today, Mr. Shepherd, 65, is part of a class-action lawsuit against the armed forces arguing that he and other Vietnam veterans had post-traumatic stress disorder when they were issued other-than-honorable discharges. The suit, filed in Federal District Court, demands that their discharges be upgraded.

The suit raises two thorny issues that could affect thousands of Vietnam veterans: Can they be given a diagnosis of PTSD retroactively, to their time in service, though the disorder was not identified until 1980? And if they can, should recently instituted policies intended to protect troops with PTSD be applied retroactively to their cases?

Mr. Shepherd’s legal team, students with the Yale Law School veterans legal clinic, argues yes on both counts. In court papers, they assert that it is reasonable to assume that Mr. Shepherd and other veterans who were later given PTSD diagnoses began exhibiting troublesome symptoms while in service.

Moreover, under rules put in place during the Iraq war, troops who say they have PTSD must be given medical examinations before they are forced out of the military, to ensure that problematic behavior is not linked to the disorder. If they are given a PTSD diagnosis, service members may still receive an honorable discharge.

“Vietnam War-era veterans, in contrast, have been denied this opportunity for appropriate consideration of the PTSD,” the students said in the complaint.

But the Army says no. In a rejection of an earlier request by Mr. Shepherd to upgrade his discharge, the Army tersely rejected evidence that his misconduct 43 years ago was linked to PTSD and raised questions about whether his platoon leader was actually killed.

A spokesman for the Army said the military has a policy of not discussing pending litigation.

The details of Mr. Shepherd’s case aside, the suit could have a wide impact. The Yale team says that its review of records from 2003 to 2012 shows that 154 Vietnam-era veterans petitioned the Army to upgrade discharges because of PTSD, but that only two were successful. Yet the Army Board of Corrections for Military Records granted upgrades nearly half of the time for other cases.

The students estimate that more than a quarter million Vietnam-era veterans were discharged under other-than-honorable conditions, and that thousands of those probably had PTSD. Their suit names as defendants the secretaries for the Army, Air Force and Navy. Vietnam Veterans of America, the veterans service organization, is joining the case as a plaintiff on Monday.

Discharges that are other than honorable can make it harder for veterans to find work and also disqualify them for veterans benefits.

In Mr. Shepherd’s case, a Department of Veterans Affairs doctor in 2004 gave him a diagnosis of service-connected PTSD. As a result, the department will provide health care for his PTSD. But it will not provide him general medical care, unless he is found to have other health problems related to his service.

Veterans disability compensation is also a problem. Mr. Shepherd’s undesirable discharge was actually upgraded to a general discharge in the 1970s under a special Carter administration program. That upgrade should have made it easier for him to apply for disability compensation. But subsequent legislation enacted by Congress said that clemency upgrades like Mr. Shepherd’s did not automatically qualify veterans for benefits. Mr. Shepherd’s compensation claim was ultimately rejected.

Mr. Shepherd, who has been divorced twice and battled through alcoholism and drug abuse, lives in New Haven, getting by on Social Security and a Teamsters pension. (He drove trucks for years.) He could use the extra money from disability compensation, but what matters as much, he says, is removing the stain of his discharge.

“I want that honorable,” he said. “I did do my part, until I really felt it wasn’t worth getting killed for.”

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New-home communities boast food-related amenities

If the way to a man's heart is through his stomach, can builders and developers land home buyers via the same route?

That may be something of a stretch, but food-related amenities are fast becoming a way to make today's new-home communities stand out from the competition.

For example, a few years ago, developers would have asked authorities to chase away any food truck that set up shop near their community centers. And if a homeowner turned his backyard into a farm, the community association probably would have objected.

Now mobile dining and urban agriculture are the rage, and forward-thinking developers are welcoming vendors and gardeners as part of their amenity packages. Call these new edible community features "gastronomic extras."

Mobile kitchens are helping to energize many downtown markets at lunchtime, and they can do the same at master-planned communities, according to panelists who shared their best ideas on what it will take to succeed at a recent Urban Land Institute conference.

Mobile vending used to be the sole purview of ice cream trucks and food and vegetable wagons. But now a variety of gourmet and ethnic meals are being served from vans and even pickup trucks.

These meals on wheels are welcome not only at lunchtime but also in the late afternoon — say, just after school — or any other regularly scheduled time, such as during sporting events.

"Creative retail is a wonderful thing," said Theresa Frankiewicz, vice president of community development at Crown Community Development of Naperville, Ill.

Just as hot as mobile dining is urban farming. Agriculture is supplanting golf courses as today's must-have amenity, said Randal Jackson, president of the Planning Center/DC&E, a consulting firm in Santa Ana.

One good thing about gardening is that developers don't have to devote big acreage to it, which is important with today's downsized projects. Whereas golf courses can easily gobble up a couple of hundred acres, community garden plots may require as little as one.

Some builders are offering storage sheds, arbors, greenhouses and even vegetable beds as options. One well-stocked backyard garden can yield enough produce to feed the entire block, according to one Urban Land Institute panelist.

Following the same food-based theme, Adam McAbee of John Burns Real Estate Consulting in Irvine recently noticed a couple of attention-grabbing features that are intended to stick in visitors' minds long after they've left the premises.

One, in a San Diego market with a predominantly Asian buyer profile, was a wok kitchen, offered as an "extended prep" area off the main kitchen. Another was a sales office that looked decidedly like a French countryside cafe, where prospects could linger and sip coffee.

Creating a social infrastructure has long been as important to developers as streets and sewers. But nowadays that means going beyond intranet systems and clubs, especially if the property is large enough to support retail and commercial components.

Anything that gives a project a sense of place and encourages social interaction will create value, the Urban Land Institute panelists stressed. It could be a trout stream, such as the one running through a Salt Lake City project, or a riverside park, such as the one below a freeway in Houston.

One of the best tools for bringing people together is restaurants, according to developers. "You buy a couch once every 10 years, but you eat three times a day," said Jonathan Brinsden of Midway Development, the developer of the CityCentre mixed-use property built on an old mall site in Houston.

Other people magnets are athletic clubs and hotels, if the properties are large enough to support them.

"Athletic facilities are part of our daily lives now," Brinsden said. "And public spaces are so ingrained in our DNA that they are the most valuable acres in our project."

lsichelman@aol.com

Distributed by Universal Uclick for United Feature Syndicate.

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