CBD calls on Western states to act

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Re: CBD calls on Western states to act

Postby BrianC » May 12, 2010 1:28 pm

cavergirl wrote:CBD now on CNN
group-warns-of-mysterious-bat-plague-sweeping-country

http://news.blogs.cnn.com/2010/05/12/gr ... ry/?hpt=C2

Mrs Matteson flat out misinformed the readers by saying humans can spread the disease! She has gotten into a potential liable situation now.
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Re: CBD calls on Western states to act

Postby tncaver » May 12, 2010 2:54 pm

What a shame the NSS does not send a statement to CNN stating that human transmission of WNS to bats by humans has a low probability
but that cavers disinfect their gear and clothes just to be on the safe side when going in caves.
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Re: CBD calls on Western states to act

Postby Phil Winkler » May 12, 2010 3:24 pm

While I can't see any liable there (who has she named?) it is difficult to refute her claims. After all, how do you prove a negative? The squeekie wheel gets the grease and they're making a lot of noise. Things just keep getting worse with this situation. What a tragedy.
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Re: CBD calls on Western states to act

Postby BrianC » May 12, 2010 3:38 pm

Phil Winkler wrote:While I can't see any liable there (who has she named?) it is difficult to refute her claims. After all, how do you prove a negative? The squeekie wheel gets the grease and they're making a lot of noise. Things just keep getting worse with this situation. What a tragedy.

Well she has named humans,so that is all necessary for liable for consequences. She will need to prove the transmission now!
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Re: CBD calls on Western states to act

Postby cavergirl » May 12, 2010 4:01 pm

BrianC wrote:[Well she has named humans,so that is all necessary for liable for consequences. She will need to prove the transmission now!

unfortunately, the law doesn't work that way.
If she had said Brian C spread WNS, Brian C could sue for liable. and only if you were harmed in some way, like your reputation was ruined which affected your business.
"humans" in the general sense, can't sue.
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Re: CBD calls on Western states to act

Postby BrianC » May 12, 2010 4:32 pm

cavergirl wrote:
BrianC wrote:[Well she has named humans,so that is all necessary for liable for consequences. She will need to prove the transmission now!

unfortunately, the law doesn't work that way.
If she had said Brian C spread WNS, Brian C could sue for liable. and only if you were harmed in some way, like your reputation was ruined which affected your business.
"humans" in the general sense, can't sue.

It is what it is, If it looks like a bat and acts like a bat it must be a bat.
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Re: CBD calls on Western states to act

Postby Phil Winkler » May 12, 2010 6:50 pm

Let me hold your coat Brian. Go get'em! :big grin:

Seriously, there is no liable here without a name and damage. That is your burden of proof.
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Re: CBD calls on Western states to act

Postby PYoungbaer » May 12, 2010 8:05 pm

tncaver wrote:What a shame the NSS does not send a statement to CNN stating that human transmission of WNS to bats by humans has a low probability
but that cavers disinfect their gear and clothes just to be on the safe side when going in caves.


Well, I did, as NSS WNS Liaison. Did you? Seriously, we all need to make the contacts when these stories appear. We are the NSS - a volunteer organization. I sent a message to the reporter and have thus far received a form acknowledgment that it was received.
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Re: CBD calls on Western states to act

Postby MUD » May 12, 2010 10:12 pm

PYoungbaer wrote:
tncaver wrote:What a shame the NSS does not send a statement to CNN stating that human transmission of WNS to bats by humans has a low probability
but that cavers disinfect their gear and clothes just to be on the safe side when going in caves.


Well, I did, as NSS WNS Liaison. Did you? Seriously, we all need to make the contacts when these stories appear. We are the NSS - a volunteer organization. I sent a message to the reporter and have thus far received a form acknowledgment that it was received.


Yea, a volunteer organization that's dropping members every month because of this mess! Soon to be less than 10,000 members. Moratoriums and cave closures are of absolutely no help here! Now we have cave groups segregating "clean" cavers from the "dirty" ones. :down: That just makes it worse! I've had nice long talks with quite a few former NSS members about all of this, they have no intentions of re-joining. They feel like the NSS has let them down. Too little, too late as I've been told.

Y'all go ahead and write your letters. I'll be digging open new caves and caving hard...and dirty! :waving:
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Re: CBD calls on Western states to act

Postby ArCaver » May 13, 2010 5:12 am

PYoungbaer wrote:
tncaver wrote:What a shame the NSS does not send a statement to CNN stating that human transmission of WNS to bats by humans has a low probability
but that cavers disinfect their gear and clothes just to be on the safe side when going in caves.


Well, I did, as NSS WNS Liaison. Did you? Seriously, we all need to make the contacts when these stories appear. We are the NSS - a volunteer organization. I sent a message to the reporter and have thus far received a form acknowledgment that it was received.


I couldn't find a link anywhere to send a message to the reporter. Could you give me a hint?
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Re: CBD calls on Western states to act

Postby PYoungbaer » May 13, 2010 6:35 am

They don't make it easy. I scanned the CNN and Turner websites, and ended up calling Turner in Atlanta. They, in turn, sent me back to one of the contact weblinks for sending news tips or commenting on a story. They ask for your name, e-mail, your question or comment (which is where I identified the reporter and specifically requested the comments be sent to him), and for the web link to the story to which you are referring. There is plenty of room for a lengthy comment, and I left my contact information. If that doesn't work in a few days, I'll follow with another call. I also sent a comment after the article, but once you wade through the 125 other comments about global warming, bees, chemtrails, and various political agendas, it doesn't really have any impact. Getting to the reporter is key. Yes, it takes work. CBD is doing it, will we? Or will we just go play in the mud?
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Re: CBD calls on Western states to act

Postby Teresa » May 13, 2010 7:56 am

I know some of y'all are from the South, but the legal term is "libel" not liable. And libel only applies to works in print. The verbal equivalent is slander. I'm not sure where audio and video fall (is it slander, because it is verbal, or is it in "print" because it is on a reproducible medium?) If an entire group is implicated as being somehow maligned without cause, it is called "defamation." And groups *can* sue (well maybe not the entire human race, but a subgroup like a religious entity, or cavers) for defamation of character. That's one of the legal bases for so called "hate crime" legislation.
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Re: CBD calls on Western states to act

Postby tncaver » May 13, 2010 8:12 am

Lawsuits make lawyers rich and many times do not accomplish the intended goal. I think Peter Youngbaer has the right idea.
When you see something in print or on TV that is obviously wrong, contact the newspaper, TV station or media outlet that
produced the slanted or erroneous data and tell them why what they produced is incorrect. Ask for a rebuttal or for them to
print your statement. That would cost a lot less than a lawyer and if we practice this all around the country, eventually accurate
information will make it's way to the public (including landowners and gov't agencies).
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Re: CBD calls on Western states to act

Postby BrianC » May 13, 2010 9:05 am

Teresa wrote:I know some of y'all are from the South, but the legal term is "libel" not liable. And libel only applies to works in print. The verbal equivalent is slander. I'm not sure where audio and video fall (is it slander, because it is verbal, or is it in "print" because it is on a reproducible medium?) If an entire group is implicated as being somehow maligned without cause, it is called "defamation." And groups *can* sue (well maybe not the entire human race, but a subgroup like a religious entity, or cavers) for defamation of character. That's one of the legal bases for so called "hate crime" legislation.

Teresa, you are very much correct, The written article states that caves are the only place that WNS can occur, (wildly speculating never the less stated) this implicated only cavers ( NSS, show cave owners,biologists entering caves, etc...) By stating humans spread WNS, then without proof, they would be liable for libel. They need to get the proof to refute any claims occurring from the slander. This is what needs to be resolved, one way or the other so we can get on with what truly needs to be done, finding a solution to the whole WNS situation. If we can't go into caves, we will never be safe to determine what is happening inside. If we are responsible for transmitting WNS. then this is all for not anyway, and \we will certainly see the bats demise unless it is determined that doing so( entering caves) will not alter the outcome one way or the other. This is the point so many are trying to make.
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Re: CBD calls on Western states to act

Postby Phil Winkler » May 13, 2010 9:25 am

Cavemud wrote:Yea, a volunteer organization that's dropping members every month because of this mess! Soon to be less than 10,000 members.


That is simply not true. As of 10 minutes ago our membership total was 11,743 which is far, far away from 10,000.
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