California sues Delta Air Lines over mobile app privacy policy









The state of California has fired the opening shot in its fight to get mobile apps to comply with state privacy laws. California Atty. Gen. Kamala D. Harris filed a suit against Delta Air Lines over its Fly Delta mobile app.


The app allows Delta fliers to check into flights, pay for checked baggage and access their frequent flier accounts with the airline. But the suit alleges that Delta has not provided a privacy policy for its standalone app, which gathers information such as a traveler’s full name, billing and home addresses, date of birth and credit card information.


"Users of the Fly Delta application do not know what personally identifiable information Delta collects about them, how Delta uses that information, or to whom that information is shared, disclosed, or sold," the complaint reads.





While the company has a privacy policy for its website, says the complaint, it fails to provide a clear privacy policy for the Fly Delta app, which also collects data through geo-location and photographs.


California's top cop put 100 mobile apps on notice in October, warning Delta and others that they were out of compliance with a state law that requires all commercial providers of websites and online services to "conspicuously post detailed privacy policies." The suit against Delta is the state’s first under the 2004 law.


At the time, Delta issued a statement saying, "We have received the letter from the Attorney General and intend to provide the requested information."


Harris’ office said Thursday that the company had not complied within the 30-day time frame required. A Delta spokesman said he could not comment on pending litigation.


"Losing your personal privacy should not be the cost of using mobile apps, but all too often it is," Harris said in a statement. "California law is clear that mobile apps collecting personal information need privacy policies, and that the users of those apps deserve to know what is being done with their personal information."


In February, Harris brokered an agreement on online privacy policies with several tech giants, including Google, Apple and Microsoft.


ALSO:


Atty. Gen. Kamala Harris puts mobile apps on notice about privacy [Updated]


Atty. Gen. Kamala Harris, tech giants agree on mobile app privacy


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L.A. council votes to regulate valet parking operators









Valet parking operators in Los Angeles would be regulated for the first time under an ordinance the City Council approved unanimously on Wednesday.


The new rules, subject to a second vote by the council, would require a valet operator in Los Angeles to obtain a permit, carry liability insurance, provide proof of off-street spaces for parking cars and ensure that valet workers had valid California driver's licenses. The ordinance would prohibit operators from using public street parking without permission and from blocking traffic.


The Los Angeles city attorney's office spent three years researching and crafting the regulations, which Councilman Eric Garcetti said were aimed at eliminating rogue operators. Portions of the measure were modeled on longtime regulations in West Hollywood, Santa Monica and Beverly Hills.





"Finally, the law is on the side of the driver," Garcetti said after the 13-0 vote.


Garcetti told council colleagues that he had heard many complaints from Hollywood constituents about fly-by-night valet operators who damaged vehicles, stole valuables or parked in restricted zones.


Councilman Paul Koretz, whose district includes the busy 3rd Street restaurant row between La Cienega Boulevard and Fairfax Avenue, said the ordinance was "a long time coming." He said he had personally used black and white paint to correct hours-of-operation signs altered by valet workers. He also said valets had disabled parking meters to avoid having to pay for spots.


Councilman Bill Rosendahl, who represents Venice and other valet-intensive areas, said he was concerned that his constituents had not been consulted. Businesses along Abbot Kinney Boulevard have been working on parking solutions that could include leasing public school spaces for evening use and an automated, public-private parking facility on an old railroad right-of-way. Garcetti said the ordinance would not preclude any of those solutions.


The ordinance will be phased in across the city, with Hollywood expected to be first to implement the rules. That will allow for input from residents and business owners in Venice and elsewhere, Garcetti said.


Richard Tefank, executive director of the Police Commission, said the program might start next spring. The commission will set the fees, issue permits and explain the program to police and parking enforcement officers.


Jamal Zyoud, owner of J&G Parking Services, said that he thought regulation was a good idea but that he would find it difficult to pay a per-worker fee for background checks.


"Business is already slow," he said. "We're barely making it." He said the system might be workable if employees split with him the cost of background checks.


martha.groves@latimes.com





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Stars out in London for 'Les Mis' premiere


LONDON (AP) — Hollywood stars Anne Hathaway and Hugh Jackman have braved the London cold to walk the red carpet for the world premiere of "Les Miserables."


Hathaway said at the premiere Wednesday that playing the role of Fantine in the film adaptation of "Les Mis" was a dream job she would have done anything to land, describing the gig as "the sort of job you should give your paycheck back" for.


The 30-year-old actress lost 25 pounds (11.3 kilograms) and cut her hair to play the role of a struggling, sickly mother forced into prostitution in 1800s Paris in the screen adaptation of Victor Hugo's classic.


Joined by Jackman and other costars Russell Crowe and Amanda Seyfried, Hathaway signed autographs and met fans in central London at the event.


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Extended Use of Breast Cancer Drug Suggested


The widely prescribed drug tamoxifen already plays a major role in reducing the risk of death from breast cancer. But a new study suggests that women should be taking the drug for twice as long as is now customary, a finding that could upend the standard that has been in place for about 15 years.


In the study, patients who continued taking tamoxifen for 10 years were less likely to have the cancer come back or to die from the disease than women who took the drug for only five years, the current standard of care.


“Certainly, the advice to stop in five years should not stand,” said Prof. Richard Peto, a medical statistician at Oxford University and senior author of the study, which was published in The Lancet on Wednesday and presented at the San Antonio Breast Cancer Symposium.


Breast cancer specialists not involved in the study said the results could have the biggest impact on premenopausal women, who account for a fifth to a quarter of new breast cancer cases. Postmenopausal women tend to take different drugs, but some experts said the results suggest that those drugs might be taken for a longer duration as well.


“We’ve been waiting for this result,” said Dr. Robert W. Carlson, a professor of medicine at Stanford University. “I think it is especially practice-changing in premenopausal women because the results do favor a 10-year regimen.”


Dr. Eric P. Winer, chief of women’s cancers at the Dana-Farber Cancer Institute in Boston, said that even women who completed their five years of tamoxifen months or years ago might consider starting on the drug again.


Tamoxifen blocks the effect of the hormone estrogen, which fuels tumor growth in estrogen receptor-positive cancers that account for about 65 percent of cases in premenopausal women. Some small studies in the 1990s suggested that there was no benefit to using tamoxifen longer than five years, so that has been the standard.


About 227,000 cases of breast cancer are diagnosed each year in the United States, and an estimated 30,000 of them are in premenopausal women with estrogen receptor-positive cancer and prime candidates for tamoxifen. But postmenopausal women also take tamoxifen if they cannot tolerate the alternative drugs, known as aromatase inhibitors.


The new study, known as Atlas, included nearly 7,000 women with ER-positive disease who had completed five years of tamoxifen. They came from about three dozen countries. Half were chosen at random to take the drug another five years, while the others were told to stop.


In the group assigned to take tamoxifen for 10 years, 21.4 percent had a recurrence of breast cancer in the ensuing 10 years, meaning the period 5 to 14 years after their diagnoses. The recurrence rate for those who took only five years of tamoxifen was 25.1 percent.


About 12.2 percent of those in the 10-year treatment group died from breast cancer, compared with 15 percent for those in the control group.


There was virtually no difference in death and recurrence between the two groups during the five years of extra tamoxifen. The difference came in later years, suggesting that tamoxifen has a carry-over effect that lasts long after women stop taking it.


Whether these differences are big enough to cause women to take the drug for twice as long remains to be seen.


“The treatment effect is real, but it’s modest,” said Dr. Paul E. Goss, director of breast cancer research at the Massachusetts General Hospital.


Tamoxifen has side effects, including endometrial cancer, blood clots and hot flashes, which cause many women to stop taking the drug. In the Atlas trial, it appears that roughly 40 percent of the patients assigned to take tamoxifen for the additional five years stopped prematurely.


Some 3.1 percent of those taking the extra five years of tamoxifen got endometrial cancer versus 1.6 percent in the control group. However, only 0.6 percent of those in the longer treatment group died from endometrial cancer or pulmonary blood clots, compared with 0.4 percent in the control group.


“Over all, the benefits of extended tamoxifen seemed to outweigh the risks substantially,” Trevor J. Powles of the Cancer Center London, said in a commentary published by The Lancet.


Dr. Judy E. Garber, director of the Center for Cancer Genetics and Prevention at Dana-Farber, said many women have a love-hate relationship with hormone therapies.


“They don’t feel well on them, but it’s their safety net,” said Dr. Garber, who added that the news would be welcomed by many patients who would like to stay on the drug. “I have patients who agonize about this, people who are coming to the end of their tamoxifen.”


Emily Behrend, who is a few months from finishing her five years on tamoxifen, said she would definitely consider another five years. “If it can keep the cancer away, I’m all for it,” said Ms. Behrend, 39, a single mother in Tomball, Tex. She is taking the antidepressant Effexor to help control the night sweats and hot flashes caused by tamoxifen.


Cost is not considered a huge barrier to taking tamoxifen longer because the drug can be obtained for less than $200 a year.


The results, while answering one question, raise many new ones, including whether even more than 10 years of treatment would be better still.


Perhaps the most important question is what the results mean for postmenopausal women. Even many women who are premenopausal at the time of diagnosis will pass through menopause by the time they finish their first five years of tamoxifen, or will have been pushed into menopause by chemotherapy.


Postmenopausal patients tend to take aromatase inhibitors like anastrozole or letrozole, which are more effective than tamoxifen at preventing breast cancer recurrence, though they do not work for premenopausal women.


Mr. Peto said he thought the results of the Atlas study would “apply to endocrine therapy in general,” meaning that 10 years of an aromatase inhibitor would be better than five years. Other doctors were not so sure.


The Atlas study was paid for by various organizations including the United States Army, the British government and AstraZeneca, which makes the brand-name version of tamoxifen.


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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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Mediators may spur a quick resolution in port strike









Standing with a picket sign in hand, clerical worker Manny Garcia gestured his thanks to motorists honking in support as they drove past a Port of Los Angeles cargo terminal.


Garcia has manned the picket lines at the L.A. and Long Beach ports in shifts since last week, when the 800-member International Longshore and Warehouse Union Local 63 Office Clerical Unit went on strike.


The issue pitting the clerical workers union against their shipping line employers is concern over outsourcing jobs, a charge the Harbor Employers Assn. has denied.





"We'd like to be working" rather than on strike, Garcia said Tuesday. "But we're trying to get a fair agreement."


A solution may come soon.


On Tuesday, after Los Angeles Mayor Antonio Villaraigosa intervened in the negotiations, the clerical workers union relented and agreed to mediation — a decision the employers had pushed for since last week.


"We've got to get a deal and get a deal as soon as possible," Villaraigosa told reporters after working with both sides Monday night and well into the morning Tuesday following his return from a South American trade mission.


The workers have been striking since Nov. 27 against the 14-member group of shipping lines and terminal owners. Though small, their strike has been magnified as 10,000 regional members of the ILWU honor the picket lines.


The dispute isn't about wages or benefits. It centers on the charge by the union that employers have steadily outsourced jobs through attrition. The union says the employers have transferred work from higher-paid union members to lower-paid employees in other states and countries.


Their employers dispute that contention, saying they've offered the workers full job security. Their proposal also includes wage and pension increases.


The workers don't have ordinary clerk and secretarial jobs. They are logistics experts who process a massive flow of information on the content of ships' cargo containers and their destinations.


The clerical workers, among the highest-paid in the country, are responsible for booking cargo, filing customs documentation, and monitoring and tracking cargo movements.


For example, any hazardous cargo, such as chemicals, that arrives or leaves through the ports requires appropriate documentation. The clerical workers ensure that containers flagged by customs or the U.S. Department of Agriculture are held for inspection and cleared before they exit the ports.


According to union officials and the Harbor Employers Assn., the average hourly rate for clerical workers is $40.50 per hour — which amounts to about $84,000 a year. In comparison, the median annual wage for cargo and freight agents was $37,150 in May 2010, according to the most recent data from the Bureau of Labor Statistics.


As talks have dragged on, employers have offered to raise the union workers' total compensation package. The employers say total compensation currently averages $165,000, but that amount includes healthcare, pension contributions, time off and other benefits in addition to salary.


The latest proposal would raise that average to $195,000, and include a $1-an-hour increase in pay each year for the next two years.


The union, however, is pushing for a contract that will prevent employers from outsourcing jobs in the future, said Craig Merrilees, a spokesman for the clerical workers union.


Both sides expect that two mediators — high-profile negotiators with experience in past labor disputes — will speed along negotiations.


Director George H. Cohen and Deputy Director Scot L. Beckenbaugh of the Federal Mediation and Conciliation Service were expected to meet with both sides beginning Tuesday evening. Between them, they have mediated labor disputes involving the National Hockey League, Major League Soccer and grocery chains.


At his news conference Tuesday, Villaraigosa said it was clear to him the rift between the two sides was too large to be resolved without an experienced mediator guiding the talks.


"There's a lot at stake here," Villaraigosa said, adding that the talks needed a greater "sense of urgency."


Steve Getzug, a spokesman for the Harbor Employers Assn., said the mediators' involvement would be helpful, "but what this doesn't do is get the clerks to drop their picket."


Union officials said they had no plans to stop picketing during negotiations.


The strike has shut down 10 of the 14 cargo container terminals at the nation's busiest seaport complex. Since the strike began, 20 ships have been diverted to other ports, including Oakland and Ensenada. Other cargo ships have sat anchored outside the L.A. and Long Beach ports, waiting for a resolution to the labor dispute.


Garcia, for his part, said he feels the strike is a way to stand up to large corporations to protect well-paying jobs in the community.


"We want to see this resolved," said Garcia, who retired more than a decade ago but still works as a temporary employee. "And we don't want an agreement to be rammed down someone's throat. After all, we have to work with these people later."


ricardo.lopez2@latimes.com


Times staff writers Stuart Pfeifer and Scott Wilson contributed to this report.





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'Dr. Phil"s stolen classic Chevy recovered


BURBANK, Calif. (AP) — Los Angeles police say they've recovered a stolen 1957 Chevrolet Bel Air Convertible that belongs to talk-show host Phil McGraw.


Detective Jess Corral said Tuesday that investigators recovered McGraw's classic car, along with 13 others, after law enforcement began targeting auto theft rings.


McGraw is known as television's "Dr. Phil. His car was stolen from the RODZ shop in Burbank in August, and was found with minor damage.


The car is worth at least $80,000.


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Generic Drug Makers Facing Squeeze on Revenue


They call it the patent cliff.


Brand-name drug makers have feared it for years. And now the makers of generic drugs fear it, too.


This year, more than 40 brand-name drugs — valued at $35 billion in annual sales — lost their patent protection, meaning that generic companies were permitted to make their own lower-priced versions of well-known drugs like Plavix, Lexapro and Seroquel — and share in the profits that had exclusively belonged to the brands.


Next year, the value of drugs scheduled to lose their patents and be sold as generics is expected to decline by more than half, to about $17 billion, according to an analysis by Crédit Agricole Securities.“The patent cliff is over,” said Kim Vukhac, an analyst for Crédit Agricole. “That’s great for large pharma, but that also means the opportunities theoretically have dried up for generics.”


In response, many generic drug makers are scrambling to redefine themselves, whether by specializing in hard-to-make drugs, selling branded products or making large acquisitions. The large generics company Watson acquired a European competitor, Actavis, in October, vaulting it from the fifth- to the third-largest generic drug maker worldwide.


“They are certainly saying either I need to get bigger, or I need to get ‘specialer,’ ” said Michael Kleinrock, director of research development at the IMS Institute for Healthcare Informatics, a health industry research group. “They all want to be special.”


As one consequence of the approaching cliff, executives for generic drug companies say, they will no longer be able to rely as much on the lucrative six-month exclusivity periods that follow the patent expirations of many drugs. During those periods, companies that are the first to file an application with the Food and Drug Administration, successfully challenge a patent and show they can make the drug win the right to sell their version exclusively or with limited competition.


The exclusivity windows can give a quick jolt to companies. During the first nine months of 2012, sales of generic drugs increased by 19 percent over the same period in 2011, to $39.1 billion from $32.8 billion, according to Michael Faerm, an analyst for Credit Suisse. Sales of branded drugs, by contrast, fell 4 percent during the same period, to $174.2 billion from $181.3 billion.


But those exclusive periods also make generic drug makers vulnerable to the fickle cycle of patent expiration. “The only issue is it’s a bubble, too,” said Mr. Kleinrock. He said next year, the generic industry would enter a drought that was expected to last about two years.  Of the drugs that are becoming generic, fewer have exclusivity periods dedicated to a single drug maker.


In 2013, for example, the antidepressant Cymbalta, sold by Eli Lilly, is scheduled to be available in generic form. But more than five companies are expected to share in sales during the first six months, according to a report by Ms. Vukhac.


Heather Bresch, the chief executive of Mylan, the second-largest generics company in the United States, said Wall Street analysts were obsessed with the issue. “I can’t go anywhere without being asked about the patent cliff, the patent cliff, the patent cliff,” she said. “The patent cliff is one aspect of a complex, multilayered landscape, and I think each company is going to face it differently.”


Jeremy M. Levin, the chief executive of Teva Pharmaceuticals, the largest global maker of generic drugs, agreed. “The concept of exclusivity — where only one generic player could actually make money out of the unique moment — has diminished,” he said. “In the absence of that, many companies have had to really ask the question, ‘How do I really play in the generics world?’ ”


For Teva, Mr. Levin said, he believes the answer will be both its reach  — it sells 1,400 products, and one in six generic prescriptions in the United States is filled with a Teva product  — and what he says is a reputation for making quality products. That focus will be increasingly important, he said, given recent statements by the F.D.A. that it intends to take a closer look at the quality of generic drugs. Mr. Levin also said he planned to cut costs, announcing last week that he intended to trim from $1.5 to $2 billion in expenses over the next five years.


This article has been revised to reflect the following correction:

Correction: December 5, 2012

An article on Tuesday about business strategies of generic drug makers in the face of fewer drug patent expirations misidentified the country in which the pharmaceutical company Endo is based. It is in the United States, not Japan.



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Ma Barker's infamous Florida hide-out for sale









The Ma Barker hide-out, site of the longest shootout in FBI history, drew more international publicity than solid offers when it was recently scheduled for auction, and it is now being listed for sale.


The two-story house in Ocklawaha, Fla., was slated to be auctioned Oct. 5, but the event was canceled when real estate agents said their clients were cool to the $1-million starting bid, said Roger Soderstrom, broker for listing agent Stirling Sotheby's International Realty.


"We had a group of eight owners, and they were back and forth on what they thought it was worth," he said. The sale of the 10-acre property includes the lakefront, two-story frame house and its furnishings, which include some original pieces. It is now listed at $889,000.








When plans for an auction were first reported in August, news of the proposed sale was reported by publications around the world. The story was propelled by the sale's inclusion of certain artifacts, such as FBI documents, maps of agents' positions during the shootout, and black-and-white photographs showing the gunned-down bodies of Barker and one of her four sons, Fred Barker.


Ma Barker, leader of the Barker-Karpis gang, was labeled Public Enemy No. 1 by the federal government for a spree of slayings, kidnappings and robberies throughout the Midwest in the early 1930s. She rented the retreat as a hide-out, and federal agents learned of it when they found clues during a raid of the Chicago home of another son, Arthur "Doc" Barker.


A hand-drawn sketch from federal authorities shows an overview of the Ocklawaha house, with the names and positions of the agents who surrounded it starting at 6 a.m. Jan. 16, 1935, armed with three machine guns, two rifles, two shotguns, gas canisters and other equipment, including bulletproof vests.


An FBI memo says that agents initiated the encounter by throwing two or three canisters of tear gas into the house at 7:15 a.m. Then the shooting began, with rounds fired by the agents and the Barkers, who were using what sounded like a Thompson submachine gun.


By 10 a.m., agents stationed at the rear of the house began running out of ammunition and needed to be resupplied. By 11:30 a.m., the shooting had ceased. Agents, none of whom were killed, persuaded Willie Woodbury, a handyman on the estate, to check inside and make certain Ma Barker and her son Fred were dead. They were.


mshanklin@tribune.com





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Santa Monica Nativity scenes to move to private property









Santa Monica's much-debated Nativity scenes will be staged after all — on private property. The decision was hailed by advocates for the separation of church and state, but there was little indication the acrimony would subside on the other side, where an attorney pledged to continue to fight for religious displays on public land.


Less than a week after a federal judge finalized a ruling that Santa Monica has the right to ban seasonal displays in public spaces, Nativity scene organizers announced that they would move to a new location.


The display — 14 scenes of life-size figures depicting the birth of Jesus Christ — will open Sunday in the 2700 block of Ocean Park Boulevard, between Clover Park and 28th Street, said Nativity Scenes Committee Chairman Hunter Jameson. The scenes are scheduled to remain on display until early January.





"We are deeply grateful for the use of this new site to allow all of Santa Monica's distinctive Christmas story to continue spreading the message of joy, hope and peace found in the Christ child's birth," Jameson said in a statement.


When told of the development, Annie Laurie Gaylor, co-president of the Wisconsin-based Freedom From Religion Foundation, responded: "Well, hallelujah — praise secularism."


"This move is great," she said. "But it does undercut any argument they have that they don't have free expression. Obviously, they do."


For nearly six decades, scenes celebrating Jesus' birth were a seasonal fixture in Palisades Park, which runs along the coastal bluffs on Ocean Avenue. In recent years, debate over the displays had become rancorous, with activists submitting applications to establish their own displays, including a satirical homage to "Pastafarianism."


Earlier this year, the Santa Monica City Council — seeking to head off clashes between atheists and Christian organizations, as well as legal disputes that could become costly to taxpayers — barred private, unattended displays in the park.


At the time, city officials pointed out that those wishing to celebrate the Nativity, or anything else for that matter, could erect displays on private property. But Nativity scene proponents filed suit in U.S. District Court seeking to restore the Palisades Park tradition. The case drew national attention.


Last month, Judge Audrey B. Collins of the U.S. District Court in Los Angeles denied the church coalition's request to require the city to allow the Nativity scenes in the park.


William J. Becker Jr., an attorney for the Santa Monica Nativity Scenes Committee — who has compared the campaign against the nativity displays to Pontius Pilates' judgment against Jesus, — lashed out at the decision anew Monday and pledged to appeal.


"Judges are fallible," Becker said. "They are often motivated by their own ideological dispositions, whether they want to admit it or not."


The move to private land is "not a resolution," Becker said.


"Everybody has the right to use private property to express themselves," he said. "It's still no substitute for 1st Amendment protections that we are guaranteed to express our viewpoints in a public forum."


Gaylor, of the Freedom From Religion Foundation, said she is untroubled by the prospect of prolonged appeal.


"Santa Monica is going to win — should win, ultimately," she said. "This judge obviously did the right thing."


scott.gold@latimes.com





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