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Joyce Clark Unfiltered

For "the rest of the story"

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

Today I received my General Election Early Ballot. If you are an Early Ballot voter and you have not yet received your Early Ballot, you will in the next few days. Some of you will fill out and return your ballot immediately. Others will wait a few days or will decide just before the deadline to mail it in.

I published a 5-part blog series on Worker Power and its initiative that is now known as Proposition 499. Please take the time to read my blog series if you would like more information or have any questions about Proposition 499.

I am not above attributable plagiarism. The Glendale Chamber of Commerce recently put out a video about Proposition 499 and I am using their idea and advice.

Proposition 499 is on Page 1 of 2 front side. This is what it looks like:

Proposition 499 is for Glendale voters only. It was not initiated by the City of Glendale. This is a Worker Power initiative that uses the idea and the language from an identical proposition in California.

I urge you to vote. It is a duty and right not to be ignored. Many over the years have paid their blood, sweat and tears to ensure this right. I’m sure you have heard this before, but it is true. This is the most consequential election of our lifetime.

I am voting ‘NO” on Proposition 499 and I hope you will as well.

© Joyce Clark, 2024    

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

Before I begin this post there is a question that should be asked. What is Councilmember-Elect Lupe Conchas’ position on Proposition 499. He was endorsed by Worker Power and received contributions from various unions. Which master will he serve? Worker Power and their Proposition 499 or the residents of the City of Glendale? It will be interesting to find out.

The Worker Power PAC, initiators of Proposition 499, to be voted on by Glendale voters on the November 5th General Election ballot is at it again. Who is paying for this flyer? Three groups. The Worker Power PAC is one. In a previous blog, Worker Power Part 1, I provided information about Worker Power. The second funding source is Unite Here PAC. It represents…wait for it…hospitality workers. The third funding source, Workers Vote, is the most interesting. This year they received $250,000 from George Soros’ Super PAC. Proposition 499 is supported by George Soros.

Worker Power is passing out a flyer in support of their initiated Proposition 499. Here is the front of the flyer:

 

LIE #1: The only worker on the front of the flyer that Prop 499 applies to is the cleaning person. It does not cover the chef/cook or the two fast food workers depicted.

The front of the flyer is all warm and fuzzy and without knowing the facts one assumes this Proposition applies to all of the workers depicted. It does not. They want you to think that it covers all Glendale workers. It does not.

Let’s begin with some basic definitions regarding the hospitality industry and exactly who is a hospitality worker. The definition of hospitality industry work is services that support people traveling or visiting certain places for pleasure. The industry includes businesses classified as performing hospitality work, such as hotels, sporting event venues, restaurants, cruises and other tourism-related businesses.

Hospitality Worker means any individual who works for a Hospitality Employer and who performs a service for which a Hospitality Employer imposes a Service Charge. “Hospitality Worker” does not include a managerial employee.

Proposition 499 targets hotels and events but not exclusively. Events included in the definition of the hospitality industry include sporting events, concerts, conventions and fundraisers. Venues catering to personal special occasions also fall into this sector, such as businesses that handle weddings, birthday or anniversary parties and family reunions.

However, the principal target of Prop 499 is lodging (hotels, especially VIA Resort). Places where people sleep when away from home fall under the umbrella of the hospitality industry’s lodging segment. These establishments may be anything from small bed and breakfasts and Airbnb rentals to midsize motels and corporate hotels.

Here’s the back of the Worker Power flyer:

 

LIE #2: “Glendale needs a raise!” They want you to think all Glendale governmental employees or the City of Glendale initiated this Proposition and support it. This is not true. This proposition was not started by the City of Glendale.

Glendale governmental employees get an annual cost of living increase as well as merit pay. They did not propose this.

General, non-governmental employees did not propose this either. This proposition by Worker Power is targeted toward VIA Resort, which will have about 1200 rooms. In Worker Power’s eyes, that is a juicy target.

LIE #3: “Prop 499 will boost our local economy.” No, it won’t. It will put Glendale at an economic disadvantage with every city in the state because none of them have such a law. The Common Sense Institute reports that Proposition 499 will reduce Glendale’s economy by between $120 million and $1.9 billion. Associated job losses will be between 1,700 and 32,000.

LIE #4: Ensure local hospitality workers are compensated fairly. How fairly, you ask?  For hospitality workers it would be $20 an hour and $40 an hour overtime. The minimum wage for all workers in the state is $14.35 an hour and in January, 2025, goes to $14.75 an hour. Increasing one segment of workers to $20 an hour hardly seems fair to all workers.

LIE #5: Keep Glendale dollars in Glendale pockets. Only if they are allowed to be pick pockets. Not all of Glendale’s workers live in Glendale. In fact, about 70% of Glendale’s workers come from other Valley cities and that is where they spend their money.

This proposition is smoke and mirrors. They are trying to sell you, the Glendale voter, on something that is not wanted nor needed.

This proposition was not Glendale’s idea. Please vote ‘no’ on Proposition 499, a California union’s scheme. Don’t California Glendale!

© Joyce Clark, 2024    

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

 

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

I’ve done a series of blogs on the facts about the Worker Power initiative now known as Proposition 499 on your November 5th General Election ballot.

Here are some final thoughts. This initiative did NOT come from the City of Glendale. It is NOT sponsored by the City of Glendale. It came from the Worker Power Super PAC, a radical group with California ambitions. Various cities in California have adopted higher minimum wages, especially for fast food workers. It is destroying that industry in California.

Legally, all that the city is allowed to do is explain what is in Proposition 499. It legally, cannot support or oppose it.

As a citizen and registered voter in Glendale, I can oppose it and I do. It is bad for Glendale. It will have the effect of raising the prices for all kinds of entertainment and that cost will be passed on to you, the consumer. It will cause workers to be laid off or to face a reduction in their work hours, as has occurred in California.

It will cause you, the taxpayer, to pay a million dollars a year for the creation of a new Labor Department to monitor all the rules and regulations that are part of this initiative. That’s just a minimum estimate. If it is created, it will grow over time. In this year’s budget, each department’s expenses range from $1.2 million (city clerk) to $122 million (police).

The unintended consequences of such a draconian law will hurt Glendale. It puts Glendale at a disadvantage with every city in the state. What businesses will want to locate in Glendale knowing that its minimum wage is higher than every other city in the state? No one.

California has some of the most breathtaking scenery. I used to love to go over there and spend time by the ocean. No more. Homeless people, drug addicts and trash everywhere. Prices are sky high. Have you ever purchased gas over there?

Now I call it “the land of fruits and nuts.” Statistically, more people are leaving California than moving into it. Let’s not turn Glendale into another California.

This is a bad idea and deserves a “no” vote at the November 5th’s General Election. I urge you to vote by Early Ballot or in person on election day. Tell Worker Power that their California-style initiative is not good for Glendale.

NO ON PROPOSITION 499

© Joyce Clark, 2024    

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

In preceding blogs you’ve learned about the Worker Power Super PAC, what facilities would be affected, the proposed minimum wage and the requirement to create a new Glendale governmental department.

The consequences for the City of Glendale and affected workers are quite consequential. Kamryn Brunner authored the following September 2024 report for the Common Sense Institute Arizona. It is entitled, The fiscal implications of Glendale’s Hotel and Event Center Minimum Wage Protection Act. Here is the link to the entire study: CSI_AZ_REPORT_GLENDALE_MIN_WAGE_SEPT_9_2024_FINAL (1)

Their conclusion is, “Common Sense Institute estimates the Wage Act would reduce Glendale’s economy by between $120 million and $1.9 billion. Associated job losses would be between 1,700 and 32,000; up to 47% of this is a dynamic effect on businesses indirectly supported by the city’s tourism sector.”

I have cited some excerpts from their study:

  • “An analysis of data from hotels.com and Expedia, the Federal Emergency Management Agency, VisitGlendale.com, and other public information sources, CSI estimates that 19% of Maricopa County’s events and accommodation industry can be found in Glendale alone.” 
  • “While Glendale has only 3.4% of the state’s population and 3.3% of state personal income, but approximately 15% of the state’s entire sports and tourism sector is found in Glendale.”
  • “CSI estimates that there are up to 4,954 employees in the City of Glendale who may be directly impacted by this proposal.”
  • “This initiative specifically targets the niche industry into which Glendale has heavily invested and is today heavily concentrated. Because of the significant costs the initiative could impose on targeted businesses, and the relative ease with which affected activity could move to other nearby jurisdictions while staying close to sports and event hubs, the potential negative impacts for Glendale are likely to be more significant than if this were either a more isolated community or a statewide initiative.”
  • “For Arizona to pass a $20 minimum wage for hotel and event center workers in Glendale, it could cost employers up to $10,756 per affected worker -through a combination of either direct increased wage costs or efficiency losses as employers mitigate the impacts by reducing staff, cutting hours, or moving business activity. Much of this cost will likely be passed onto consumers in the form of higher prices and increased fees (as has been the case in California). This may further incentivize both customers and operators to seek alternatives outside the city.”
  • “Ultimately, if enacted, the Act would have dramatic implications for the city of Glendale and its economy. Those implications would likely play out over a period of time, rather than immediately.”                                                                                             “There will be some combination of:
  • Employment losses and reductions in work hours among hotel and event staff.
  • Hotel and event cost increases in Glendale, including price increases.
  • The movement of hotel and event activity outside of Glendale and to nearby cities, particularly over time as part of normal business maintenance and expansion cycle.
  • An increase in the rate of unionization among Glendale accommodation and event staff.”

“Under all outcomes, the nominal wage increase implied by the Act for existing workers never occurs.”

© Joyce Clark, 2024    

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

In previous blogs I presented who and what the Worker Power Super PAC is, what facilities this proposed ordinance would impact, and the minimum wage provisions. In this blog I will share what new regulations are imposed on Glendale.

The Worker Power initiative mandates that the City of Glendale, effective June 1, 2025, will create a Department of Labor Standards as well as an online and a paper method for individuals to file complaints. It further mandates that there be a Director of Labor Standards and investigators. This new department will publish all labor regulations and is empowered to make labor rules that comply with this proposed ordinance.

The proposed ordinance also requires this Labor Department’s access to all records, and it can impose a civil penalty of up to one hundred dollars ($100) per day to be paid to the hotel or event center worker. The maximum violation per employer can be up to one thousand dollars ($1,000) per day. Statutory damages can be awarded. The party that loses a court case must pay the opponent’s attorney’s fees and any court costs. There is a 3-year statute of limitations during which any harmed individual can sue.

At our last city council workshop, I asked what the estimated cost of creating this new department would be. The estimated cost is one million dollars. That’s just for a bare bones, new department. I ask you this. Have you ever seen a governmental department go away or shrink? Never happens. One million dollars is just the starting point.

Where will the money come from? That’s for the city council to decide but every other department is fair game to lose money. It could be parks and libraries, transportation, public safety. That will be decided next year, if this initiative passes.

In my next blog I will share how this initiative will impact Glendale and you.

© Joyce Clark, 2024    

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

In previous blogs the Worker Power Super PAC was explained and the types of venues that could be covered by this proposed initiative. Some aspects of this proposed initiative are vague and leave room for expensive interpretation, probably by a judge at some point, if it passes.

What is the minimum wage proposed? The initiative says, “Beginning thirty days (30) after the effective date of this ordinance, a hotel employer or an event center employer shall pay its hotel workers or event center workers, as applicable, a wage of no less than $20 per hour, not including tips, gratuities, service charge distributions, and bonuses.” There is more, “Beginning January 1, 2025, and annually thereafter, the minimum wage will increase annually to reflect increases in the cost of living. The cost-of-living increase shall be the greater of (1) three percent (3%) or (2) the percentage increase as of September 30, 2024, and as of September 30 in any subsequent year for further annual adjustments, over the level as of September 30 of the preceding year.”

In English, that sets the minimum wage for hospitality workers at $20 per hour with a cost of living increase every year. That $20 an hour does not include tips, gratuities, service charge distributions or bonuses. Currently, Arizona’s statewide minimum wage is $14.35 per hour. In January 2025, it will become $14.70 per hour. This initiative requires $5.30 per hour more than the minimum wage of any other Arizona city.

Wait, there’s more. If a hotel has less than 60 rooms, the room attendant who cleans more than 4,000 square feet in an 8-hour day gets a double pay rate of $40 an hour for the entire 8 plus hours. For example, the worker who cleans 3,999 square feet in an 8-hour day gets $160 ($20/hour). But if the worker cleans 4,100 square feet in 9 hours, that worker gets $360 for a 9-hour day ($40/hour). If a hotel is larger than 60 rooms (and nearly everyone is) anything over 3,500 square feet in an 8-hour day gets double pay.

All service charges are split between the event center and the hospitality worker but there is no specific proportion as to who gets what.

This proposed ordinance applies only to hospitality workers, not managerial, supervisory staff, bartenders, bellhops, valets, custodians, etc. It doesn’t apply to maintenance staff. You know, the people that keep the lights on, the A/C working and the plumbing from backing up…just hospitality workers. Is that fair? I think not.

In the next blog we will learn what requirements are imposed on Glendale if this initiative passes.

© Joyce Clark, 2024    

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

In my last blog I laid out some background on who and what the group running this initiative, the Worker Power Super PAC is. This blog starts to explain what their proposed initiative includes. I have offered a link so that you can refer to the entire initiative as submitted.  Initiative

The initiative applies to all event centers within the City of Glendale and is defined in the initiative as, “An event center means a publicly or privately owned structure in the city of more than 20,000 square feet that is used for public performances, sporting events, business meetings, or similar events. An event center includes, but is not limited to concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers.”

Please note that “similar events” is pretty broad and covers just about anything. Hotels are not referred to in this section but are in section 21-187 and is as follows, “A hotel means an establishment in the city that provides temporary lodging for payment in the form of overnight accommodation in guest rooms to transient patrons for periods of thirty (30) consecutive calendar days or less. This definition includes hotels, motor lodges, motels apartment hotels, transient residential structures, private residential clubs, tourist courts, hostels and private guest rooms that may be reserved, meeting the hotel definition.”

Let’s break this down. First, it applies to all public and private facilities. Here are some examples: Midwestern University, Glendale Community College, all high schools and elementary schools (public or charter) that have a football field and/or basketball court or any other large meeting area. It includes government facilities like the Civic Center, the arena, the main library and the Glendale Public Training Facility. It includes private facilities that rent space for meetings or weddings or your favorite performing arts theater or movie theater. It would also include places like the pickleball venue in Westgate and the under construction Mario Andretti cart racing venue. Of course, the football stadium and the arena, both in Westgate, are included.

In other words, any location, public or private where people gather in large groups. Many mistakenly believe that this proposed initiative only applies to hotel workers but as you can see, that is not the case.  That is why they have purposefully referred to “hospitality workers.” It’s smoke and mirrors to make you think one thing when it is actually more broadly written.

Keep in mind that this proposed initiative only applies to the City of Glendale. IT WOULD NOT APPLY TO ANY OTHER CITY IN THE STATE OF ARIZONA! Mind you, should Worker Power be successful in getting this initiative passed on November 5th, at the General Election you can be sure they will take it to other cities in Arizona. The only voters that can deny or pass this proposed initiative are Glendale voters since it currently applies only to Glendale.

Coming in my next blog, how much is the proposed hourly wage and are there any other wage provisions?

© Joyce Clark, 2024    

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

I am starting a series of blogs on a very complicated issue. Worker Power PAC (political action committee) successfully obtained enough Glendale voters’ signatures to, they hope, get a minimum wage of $20 an hour for hospitality workers on Glendale’s November 5th General Election ballot.

Glendale appealed to the Arizona Court of Appeals stating that the initiative language encompasses more than one subject. In 2022, Arizona required that all ballot measures must have one subject. The Court of Appeals upheld Worker Power’s position. Glendale has now appealed to the Supreme Court of Arizona, and we await their decision. Hopefully by next week.

Before there is an explanation of the Worker Power initiative, let’s find out more about this Super PAC. According to media reports, “The Worker Power PAC is a Democratic Party-aligned Super PAC founded in 2020 as the Working Arizona PAC that expanded to conduct activity in other competitive states in 2022 after changing its name. The PAC is closely aligned with organized labor and has received money from labor unions and other left-of-center advocacy groups including Unite HERE Local 11, the American Federation of State, County, and Municipal Employees (AFSCME), the American Federation of Teachers, and the Arizona AFL-CIO.”

Worker Power in 2022 supported these Arizona candidates: Arizona Governor Katie Hobbs (D), Senator Mark Kelly (D-AZ), Arizona Secretary of State Adrian Fontes (D), and Arizona Attorney General Kris Mayes (D). It also claims through its efforts, it was responsible for radical Democrat Raphael Warnock’s win against Herschel Walker for a Georgia Congressional Senate seat.

As of July 20, 2024, Worker Power had reported total contributions of $4,106,415 and total expenditures of $3,737,230. It may be assumed that “Dark Money” from such groups as George Soros has secretly made its way into Worker Power coffers.

Locally, Worker Power endorsed radical activist Democrat Lupe Conchas in his successful bid to become the next Cactus district councilmember in Glendale. You can be sure that Conchas has greater ambitions than that of a councilmember in Glendale. After all, failed Glendale mayoral candidate Jamie Aldama on his Facebook page congratulated Conchas on his win and referred to him as the next US Senator Ruben Gallego.

Getting back to Worker Power. Their target has always been VIA resort which will be the largest resort hotel in Arizona with over 1200 rooms. That is a target just too juicy for them to pass up.

Their first round of attacks failed as they attempted to kill the use of a GPLET between the city and the VIA Resort. When the city declared that there was no GPLET nor would one be used, they had to come up with another plan of attack.

Why Glendale? They assumed that Glendale would be too unsophisticated to fight back and would be easy picking. They also wanted a win with the largest hotel in Arizona. With unlimited money at their disposal, this would be their signature fight. Then they could use the same tactic with other cities picking them off, one by one.

If history repeats itself, Glendale voters will reject this initiative just as in Phoenix when its voters rejected Worker Power’s candidate, Carlos Garcia, a former immigrants’ rights activist. Instead, Kesha Hodge Washington, his opponent won despite their $300,000 investment in Garcia’s candidacy.

In part 2, I will start to unpack their initiative, concept by concept.

© Joyce Clark, 2024    

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.