Some states move to ease gun rules

WASHINGTON — As Congress gears up for a fight over possible new gun restrictions, lawmakers in some states have pushed in the opposite direction — to ease gun rules — since the Dec. 14 massacre of 20 first-graders and six women at a school in Newtown, Conn.

None exactly matched the proposal Friday by Wayne LaPierre, head of the National Rifle Assn., to train and deploy armed volunteers to help guard schools around the country.

Legislation has been proposed, however, to allow teachers or other school workers to carry firearms in schools in at least seven states: Missouri, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and Virginia.

"I want a last line of defense," said Jason Villalba, a Republican and newly elected Texas state representative who plans to introduce the Protection of Texas Children Act to allow schools to designate staff members as armed "marshals" provided they undergo special training.

Some lawmakers have gone further, proposing that any teacher with a permit to carry a concealed weapon be allowed to bring it into school.

"It is incredibly irresponsible to leave our schools undefended — to allow mad men to kill dozens of innocents when we have a very simple solution available to us to prevent it," said Oklahoma state Rep. Mark McCullough, a Republican who plans to sponsor legislation to allow teachers and principals to carry firearms in schools after they undergo training.

Several states have pushed for stiffer regulations. In California, lawmakers have proposed strengthening already tough state gun laws, including requiring a permit and background checks for anyone who wants to buy bullets.

Michigan Gov. Rick Snyder, a Republican, vetoed a bill last week that would have allowed gun owners with concealed weapon permits to carry their firearms into schools and other public places. Snyder objected that it didn't let institutions opt out and prohibit weapons on their grounds.

The different legislative responses underscore the difficulty of reaching a political consensus on guns, an issue that often divides lawmakers by geography as much as party affiliation.

Support for gun control measures is much higher in Democratic strongholds in the Northeast and West than in Republican bastions in the Midwest and South, according to polls. But sometimes the divisions are much closer.

Gov. Martin O'Malley of Maryland, a Democrat, complains about "too many guns" and plans to seek gun control legislation.

In neighboring Virginia, Gov. Robert McDonnell, a Republican, said the idea of arming school personnel was worth a discussion.

"If people were armed, not just a police officer but other school officials who were trained and chose to have a weapon, certainly there would have been an opportunity to stop aggressors coming into the school," McDonnell told WTOP radio in Washington.

The idea of arming teachers or administrators has drawn plenty of criticism.

"I've not heard from a single teacher or administrator who said that they want to go to school armed with a gun," said Meg Gruber, president of the Virginia Education Assn.

"Why in the world would you even think of doing this?" added Dennis Van Roekel, president of the National Education Assn. He said Sandy Hook Elementary School in Newtown "did everything right. … But you can't stop somebody with an automatic assault rifle from shooting out a window and coming through."

Betty Olson, a Republican state representative in South Dakota who proposes allowing teachers with concealed weapon permits to bring their firearms into schools, said she had gotten a favorable response.

"We've got a few anti-gun liberals who think that that's crazy, allowing anybody with a gun into the school," she said. "Never mind those lunatics."

South Carolina state Rep. Phillip D. Lowe, a Republican who proposes to allow concealed weapon permit holders who undergo rigorous training to bring guns into school, agreed.

"There's always some people who are opposed to anything with the letters G-U-N," he said.

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richard.simon@latimes.com

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Facebook’s SnapChat-Style Sexting App Is Called Poke (Seriously)

Oh, well would you look at Facebook, trying to make a Christmas funny with its SnapChat copycat app. It’s called Poke! Get it? Because SnapChat is what the kids are all using for their sexting these days, apparently, and Poke — you know, that once kinda flirty Facebook future that’s now pretty much useless — can kind of do the same thing, and it kind of sounds like some bad sexual pun, too! Funny, Facebook, very funny, and way to admit the dirty little truth behind “poking” that we knew all along.

RELATED: Facebook to Launch Its Own SnapChat as Social-Network Clone Wars Live on

Oh, wait. They’re serious? Oh, yeah: Friday afternoon Facebook released Poke, its rumored iPhone app for the incredible vanishing half-message “that makes it fun and easy to say hello to friends wherever you are.” But don’t get too heavy on the old-school “Poke” comparisons, because the new app can actually send regular messages, photos, or videos, too — but only for short periods of time, because that is apparently what the kids like doing these days, if SnapChat’s huge success is any indication. There’s more of a time-bomb component to Poke, though: users can choose how long someone sees a poke before it ceases to exist forever — so you could sext poke all day long, because that, too, is apparently what the kids like doing these days, if SnapChat’s huge, smashing, sexy success is any indication.

RELATED: The Life and Philosophy of Mark Zuckerberg

Why would anyone use Poke over SnapChat? Well, the Facebook app itself has a much smoother interface than SnapChat, and you can report people behaving badly, and everyone’s already on Facebook, right? Maybe this is the breaking point Justin Bieber could never hit, when something sexy goes from the tween set to actual human beings. We’ll let you know when Poke shows up in our iPhone’s App Store; for now we’re not entirely sure if this is just some bad joke. (Although it is in the iTunes Store, so… we’ll see?)

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Pope visits jailed butler to grant pre-Christmas pardon

VATICAN CITY (Reuters) – Pope Benedict made a surprise pre-Christmas visit to the jail holding his former butler on Saturday and pardoned him for stealing and leaking documents that alleged corruption in the Vatican.

The pope and Paolo Gabriele spent about 15 minutes together before Gabriele was freed and allowed to return to his wife and children in their Vatican apartment, Vatican spokesman Father Federico Lombardi said.

“What they said to each other will remain a secret between them … he knows he made a mistake,” Gabriele’s lawyer Cristiana Arru, who was in the apartment when he returned home, told Reuters.

Gabriele was convicted of aggravated theft on October 6 in a case that shone unwelcome publicity on the Vatican. He had been serving an 18-month sentence in a jail cell in the city state’s police headquarters.

Lombardi called the pope’s action “a paternal gesture towards a person with whom the pope shared his daily life for several years … this is a happy ending in this Christmas season to this sad and painful episode.”

Both Lombardi and Arru described the encounter as “intense” because it was the first time the two had seen each other since last May, when Gabriele was arrested after Vatican police found many documents in his possession that had been stolen from the pope’s office.

The pope also pardoned a Vatican computer expert who had received a suspended sentence in a separate trial.

VATILEAKS SAGA

In a saga that became known as “Vatileaks”, Gabriele leaked documents showing what appeared to be a power struggle at the highest ranks of the Church, and internal conflict about how transparent the Vatican’s scandal-plagued bank should be with outside financial authorities.

He told investigators he had acted because he saw “evil and corruption everywhere in the Church” and that information was being hidden from the pope.

The Vatican said Gabriele would no longer be able to work there but would be helped to find a job and start a new life outside its walls together with his family.

“When he came home, the kids jumped up and hung from his neck. It was a very tough time for them. I don’t think the whole episode has sunk in for them yet,” lawyer Arru said.

Gabriele, 46, said at his trial – one of the most sensational in the recent history of the Holy See – that he did not consider himself a thief and that he was motivated by “visceral” love for the Church.

The butler, who served the pope his meals and helped him dress, photocopied sensitive documents under the nose of his immediate superiors in a small office adjacent to the papal living quarters in the Apostolic Palace.

He then hid more than 1,000 copies and original documents, including some the pope had marked “to be destroyed”, among many thousands of other papers and old newspaper clippings in a huge armoire in the family apartment inside the Vatican walls.

A former member of the small, select group known as “the papal family”, Gabriele was one of fewer than 10 people who had a key to an elevator leading directly to the pope’s apartments.

He said at the trial that from his perch as papal butler he was able to see how easily a powerful man could be manipulated by aides and kept in the dark about things he should have known.

The leaked papers revealed inner workings of an institution long renowned for its secrecy, and triggered one of the biggest crises of Pope Benedict’s papacy when they emerged in a muckraking expose by an Italian journalist earlier this year.

The case was all the more embarrassing at a time when the Church was trying to limit the fallout from a series of scandals involving sexual abuse of minors by clerics around the world, as well as from mismanagement at its bank.

However, many people believe the butler could not have acted alone and was a fall-guy for others in the Vatican. Gabriele said during the trial that while he may have been influenced by others, he had no direct accomplices.

The Vatican said the pope had also decided to pardon a second Vatican employee and friend of Gabriele’s, Claudio Sciarpelletti, who was convicted separately of giving police conflicting testimony and given a two-month suspended sentence.

Sciarpelletti, a computer expert, will be able to keep his job in the Vatican.

(Editing by Mark Trevelyan)

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Genetic Gamble : Drugs Aim to Make Several Types of Cancer Self-Destruct

C.J. Gunther for The New York Times

Dr. Donald Bergstrom is a cancer specialist at Sanofi, one of three companies working on a drug to restore a tendency of damaged cells to self-destruct.

For the first time ever, three pharmaceutical companies are poised to test whether new drugs can work against a wide range of cancers independently of where they originated — breast, prostate, liver, lung. The drugs go after an aberration involving a cancer gene fundamental to tumor growth. Many scientists see this as the beginning of a new genetic age in cancer research.

Great uncertainties remain, but such drugs could mean new treatments for rare, neglected cancers, as well as common ones. Merck, Roche and Sanofi are racing to develop their own versions of a drug they hope will restore a mechanism that normally makes badly damaged cells self-destruct and could potentially be used against half of all cancers.

No pharmaceutical company has ever conducted a major clinical trial of a drug in patients who have many different kinds of cancer, researchers and federal regulators say. “This is a taste of the future in cancer drug development,” said Dr. Otis Webb Brawley, the chief medical and scientific officer of the American Cancer Society. “I expect the organ from which the cancer came from will be less important in the future and the molecular target more important,” he added.

And this has major implications for cancer philanthropy, experts say. Advocacy groups should shift from fund-raising for particular cancers to pushing for research aimed at many kinds of cancer at once, Dr. Brawley said. John Walter, the chief executive officer of the Leukemia and Lymphoma Society, concurred, saying that by pooling forces “our strength can be leveraged.”

At the heart of this search for new cancer drugs are patients like Joe Bellino, who was a post office clerk until his cancer made him too sick to work. Seven years ago, he went into the hospital for hernia surgery, only to learn he had liposarcoma, a rare cancer of fat cells. A large tumor was wrapped around a cord that connects the testicle to the abdomen. “I was shocked,” he said in an interview this summer.

Companies have long ignored liposarcoma, seeing no market for drugs to treat a cancer that strikes so few. But it is ideal for testing Sanofi’s drug because the tumors nearly always have the exact genetic problem the drug was meant to attack — a fusion of two large proteins. If the drug works, it should bring these raging cancers to a halt. Then Sanofi would test the drug on a broad range of cancers with a similar genetic alteration. But if the drug fails against liposarcoma, Sanofi will reluctantly admit defeat.

“For us, this is a go/no-go situation,” said Laurent Debussche, a Sanofi scientist who leads the company’s research on the drug.

The genetic alteration the drug targets has tantalized researchers for decades. Normal healthy cells have a mechanism that tells them to die if their DNA is too badly damaged to repair. Cancer cells have grotesquely damaged DNA, so ordinarily they would self-destruct. A protein known as p53 that Dr. Gary Gilliland of Merck calls the cell’s angel of death normally sets things in motion. But cancer cells disable p53, either directly, with a mutation, or indirectly, by attaching the p53 protein to another cellular protein that blocks it. The dream of cancer researchers has long been to reanimate p53 in cancer cells so they will die on their own.

The p53 story began in earnest about 20 years ago. Excitement ran so high that, in 1993, Science magazine anointed it Molecule of the Year and put it on the cover. An editorial held out the possibility of “a cure of a terrible killer in the not too distant future.”

Companies began chasing a drug to restore p53 in cells where it was disabled by mutations. But while scientists know how to block genes, they have not figured out how to add or restore them. Researchers tried gene therapy, adding good copies of the p53 gene to cancer cells. That did not work.

Then, instead of going after mutated p53 genes, they went after half of cancers that used the alternative route to disable p53, blocking it by attaching it to a protein known as MDM2. When the two proteins stick together, the p53 protein no longer functions. Maybe, researchers thought, they could find a molecule to wedge itself between the two proteins and pry them apart.

The problem was that both proteins are huge and cling tightly to each other. Drug molecules are typically tiny. How could they find one that could separate these two bruisers, like a referee at a boxing match?

In 1996, researchers at Roche noticed a small pocket between the behemoths where a tiny molecule might slip in and pry them apart. It took six years, but Roche found such a molecule and named it Nutlin because the lab was in Nutley, N.J.

But Nutlins did not work as drugs because they were not absorbed into the body.

Roche, Merck and Sanofi persevered, testing thousands of molecules.

At Sanofi, the stubborn scientist leading the way, Dr. Debussche, maintained an obsession with p53 for two decades. Finally, in 2009, his team, together with Shaomeng Wang at the University of Michigan and a biotech company, Ascenta Therapeutics, found a promising compound.

The company tested the drug by pumping it each day into the stomachs of mice with sarcoma.

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Stores hope last-minute Christmas shoppers revive holiday sales

With three days left until Christmas, last-minute shoppers are surging into malls in a mad dash for gifts as retailers extend store hours and trot out steep discounts in a final holiday-season push.

Merchants are hoping procrastinators will give them a boost this weekend. Many stores saw a worrying drop in sales in recent weeks after a robust start on Black Friday. Several are rolling out promotions as they try to make up for lost steam.

Toys R Us stores nationwide began an 88-hour, all-day-all-night marathon Friday that continues until 10 p.m. Christmas Eve. Macy's is welcoming shoppers for 48 straight hours at most of its stores on this final weekend before Christmas. Target is staying open until midnight Sunday.

At the Grove shopping center in Los Angeles' Fairfax district, shoppers swarmed the stores and cars jammed the parking lots. Christmas carols blasted from speakers. And fake reindeer and a sleigh arced overhead.

"The panic is coming in waves," sighed Angie Hill, 44, of Huntington Beach. "I've barely just started. There's still a lot of people left to buy gifts for."

The marketing director said she normally starts shopping weeks before Christmas, but a new job left her with little free time. She pointed to bags holding a magic kit for her son and exercise clothes for her husband — the very first gifts she had bought for the big day. "My shopping list is getting bigger every minute."

She's not alone. Two-thirds of Americans — 132 million people — haven't yet finished their holiday shopping, according to a survey released this week by Consumer Reports. About 14% have yet to start buying gifts, and 9% — or 17 million people — will still be rushing to cross items off their Christmas lists on Christmas Eve.

"People are very focused. They have their list and it's bam, bam, bam! They are trying to check off what they need, get in and get out," said Kim Freeburn, a district vice president of Macy's stores. "It's an intense customer this weekend."

Both the Grove and the Americana at Brand shopping mall in Glendale have been besieged with shoppers over the last few weeks and expect a similar surge in the last few days before Christmas, said Paul Kurzawa, chief operating officer of Caruso Affiliated, which owns both shopping centers.

"The last few weeks have been phenomenal, and this weekend is a continuation of that as people rush in for last-minute gift buying," he said. "You have the last weekend and you get an extra bite on Monday as well."

So far, the average American has spent $340 on presents, the Consumer Reports survey said. An earlier report from Gallup found that shoppers planned to shell out $770 apiece for the holiday. The National Retail Federation predicted total holiday spending of $586.1 billion this year, up 4.1% from last year. It's a crucial time for merchants, which can make up to 40% of their annual sales during the season.

"Holiday sales have been off for weeks," said Marshal Cohen, chief industry analyst at NPD Group. He blamed a lack of exciting merchandise and a hyped-up Black Friday that may have pulled sales earlier into the season. "The bad news is this year will be based on price more than merchandise, as consumers have been groomed to wait to be rewarded with better discounts."

CeCe Solorzano, 30, says she always waits until the weekend before Christmas to scoop up the best discounts.

"I'm going to shop all day tomorrow and the weekend. Hopefully I'll be done on the 24th of December," said the Santa Clarita marketing specialist, who has to find presents for a dozen friends and family members. "I've really waited until the last possible moment this year, but the longer you wait, the better the deals."

Target just rolled out its "Last Minute Sale" that will run until Christmas Eve and is focused on popular gadgets and toys such as iPod Nanos and Easy-Bake Ovens.

"We see those last-minute panicked guests" but also shoppers buying treats for themselves, spokeswoman Donna Egan said. "We try to accommodate the surge of guests, procrastinators or not."

At the Best Buy store in Westfield Culver City, there will be one cash register on Christmas Eve dedicated just to buying gift cards, general manager Margie Kenney said. "It's a huge day for gift cards," she said. "Everything is out of stock, so you're like, 'Give me a gift card.'"

Unless shoppers this weekend go over the top, it's shaping up to be a modest holiday season, said Kamalesh Rao, director of economic research at MasterCard Advisors SpendingPulse.

"That's in keeping with retail sales growth this year," he said. "There is a possibility if you have a strong weekend it could make up a little bit, since the last couple of days is pretty important, especially for sectors like jewelry."

Expect to see Christian Moreno, 43, and his wife, Hilda, out at the malls every day until Dec. 25. Between their two families, the couple have 34 people to shop for every year.

"We're a huge family," said Moreno, who works as a superintendent at the L.A. and Ontario international airports. "It's a lot of presents left to find."

shan.li@latimes.com

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Capture of jail escapee ends with bang, thud

The parents of the man who owned the townhouse where prison escapee Joseph Banks was found talk to the Tribune. (Antonio Perez/Chicago Tribune)

The spectacular escape from Chicago's high-rise federal jail — the first in nearly 30 years at the facility — fueled theories that convicted bank robber Joseph "Jose" Banks had a sophisticated plan to elude capture with hundreds of thousands of dollars in loot he had stashed away.

But in the end, Banks was hiding in a predictable spot less than five miles from the South Loop jail and was betrayed by someone who had spoken with the fugitive and was able to give authorities his exact location, a law enforcement source said. When he was captured, Banks had no cash, weapon or cellphone, and he was wearing some of the same clothes he had on when he escaped three days earlier, the source said.

Banks, who along with a cellmate scaled down some 15 stories of the sheer wall of the Metropolitan Correctional Center using a rope fashioned from knotted bedsheets, was taken into custody on the North Side by FBI agents and Chicago police about 11:30 p.m. Thursday. He was holed up at the home of a boyhood friend in the 2300 block of North Bosworth Avenue, just blocks from his former apartment and Lincoln Park High School, which he attended in the 1990s.

The second escapee, Kenneth Conley, also a convicted bank robber, remained at large Friday.

Neighbors on the quiet block where Banks was discovered described hearing the loud bang of a flash grenade — designed to stun anyone inside a residence without causing serious injury — followed by agents and officers swarming the Fullerton Court Apartments just west of the DePaul University campus.

Within minutes, agents led Banks away in handcuffs and dressed in a T-shirt and shorts.

"We heard a big boom first," said the Rev. Baggett Collier, who lives in the complex. "We thought a transformer burst or there was a traffic accident. … I went out and I saw (Banks). He was cuffed. His head was down. I didn't hear him say anything. They got him into the wagon peacefully. The police were pretty calm bringing him out."

Hours later, Banks shuffled into a federal courtroom dressed in an orange prison jumpsuit and shackled at the waist and ankles with thick, padlocked chains. The slightly built former fashion designer answered questions from U.S. Magistrate Judge Sidney Schenkier softly and politely — a sharp contrast to his defiant behavior during his trial last week on bank robbery charges in the same federal courthouse.

Banks, a prolific bank robber dubbed the Second Hand Bandit because of the used clothing he wore during his holdups, was charged with one count of escaping federal custody that carries a sentence of up to five years in prison on conviction. He also faces sentencing in March for his conviction last week for two bank robberies and two attempted holdups.

Prosecutors objected to any bond being set on the new charge, suggesting matter-of-factly that Banks was a "flight risk" and a danger to the community. Banks' attorney, Beau Brindley, did not argue for his release.

After the brief hearing, Brindley called his client a "mild-mannered" person whose statements at trial were misconstrued as threats toward the court system.

"This is not a violent person," Brindley told reporters in the lobby of the Dirksen U.S. Courthouse. "He's a talented artist and clothing designer."

Banks' cousin Theresa Ann Banks said in a telephone interview Friday that he never tried to contact her or anyone else in the family during his short time on the run. Family members were still trying to piece together conflicting information they were getting on the circumstances of his arrest, she said. Asked who lived in the home where her cousin was found, she replied, "Maybe a friend."

Theresa Ann Banks said the family has spent the past few days scared for his safety, especially since he had been described as "armed and dangerous."

"He's not the bad guy they've made him out to be," she said of her cousin. "He's soft and gentle, and he has a good heart."

Banks and Conley were last accounted for in the jail at 10 p.m. Monday during a routine bed check, authorities said. About 7 a.m. the next day, jail employees arriving for work saw ropes made from bedsheets dangling from a hole in the wall near the 15th floor and down the south side of the facade.

The two had put clothing and sheets under blankets in their beds to throw off guards making nighttime checks and removed a cinder block to create an opening wide enough to slide through, authorities said.

The FBI said a surveillance camera a few blocks from the jail showed the two, wearing light-colored clothing, hailing a taxi at Congress Parkway and Michigan Avenue. They also appeared to be wearing backpacks, according to the FBI.

The daring escape was an embarrassment for the U.S. Bureau of Prisons and a rarity for the Metropolitan Correctional Center, where the only previous successful escape took place in 1985. A high-ranking employee in the facility told the Tribune this week that video surveillance had captured the men making their descent, but that the guard who was supposed to be watching the video monitors for suspicious activity may have been called away on other duties.

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Red Hat shares up on acquisition and 3Q results

Red Hat Inc.‘s shares jumped Friday on the software company‘s solid third-quarter results and plans to acquire cloud-based software company ManageIQ.

THE SPARK: Red Hat said late Thursday that it would buy privately held ManageIQ for $ 104 million in cash.

The Raleigh, N.C., company also reported that it earned 29 cents per share for its fiscal third quarter on an adjusted basis, up a penny from the prior year and in line with analyst expectations. Its revenue for the period increased 18 percent to $ 343.6 million, which beats the $ 338 million that analysts polled by FactSet had forecast.

THE BIG PICTURE: ManageIQ’s software helps businesses deploy and manage private clouds. Red Hat said the deal will expand the reach of its public-private cloud setups for its customers. The acquisition is expected to have no material impact to Red Hat’s revenue for its fiscal year ending in February.

THE ANALYSIS: Stifel Nicolaus analyst Brad R. Reback said that the company has been able to maintain momentum even in a difficult environment and he thinks the latest deal offers an interesting longer-term angle for its business. He thinks the company is well positioned to generate at least 15 to 20 percent billings growth in the future. He reiterated a “Buy” rating and a $ 65 price target on its shares.

SHARE ACTION: Shares gained $ 2.25, or more than 4 percent, to $ 54.86 in afternoon trading. Shares have traded between $ 39.19 and $ 62.75 in the past 52 weeks.

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PSY’s ‘Gangnam Style’ reaches 1B views on YouTube

NEW YORK (AP) — Viral star PSY has reached a new milestone on YouTube.

The South Korean rapper’s video for “Gangnam Style” has reached 1 billion views, according to YouTube’s own counter. It’s the first time any clip has surpassed that mark on the streaming service owned by Google Inc.

It shows the enduring popularity of the self-deprecating video that features Park Jae-sang‘s giddy up-style dance moves. The video has been available on YouTube since July 15, averaging more than 200 million views per month.

Justin Bieber’s video for “Baby” held the previous YouTube record at more than 800 million views.

PSY wasn’t just popular on YouTube, either. Earlier this month Google announced “Gangnam Style” was the second highest trending search of 2012 behind Whitney Houston, who passed away in February.

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Alabama to End Isolation of Inmates With H.I.V.

Jamie Martin/Associated Press

The H.I.V. ward of an Alabama women's prison in 2008. The state was ordered to stop segregating inmates with the virus.

A federal judge on Friday ordered Alabama to stop isolating prisoners with H.I.V.

Alabama is one of two states, along with South Carolina, where H.I.V.-positive inmates are housed in separate prisons, away from other inmates, in an attempt to reduce medical costs and stop the spread of the virus, which causes AIDS.

Judge Myron H. Thompson of the Middle District of Alabama ruled in favor of a group of inmates who argued in a class-action lawsuit that they had been stigmatized and denied equal access to educational programs. The judge called the state’s policy “an unnecessary tool for preventing the transmission of H.I.V.” but “an effective one for humiliating and isolating prisoners living with the disease.”

After the AIDS epidemic of the 1980s, many states, including New York, quarantined H.I.V.-positive prisoners to prevent the virus from spreading through sexual contact or through blood when inmates tattooed one another. But most states ended the practice voluntarily as powerful antiretroviral drugs reduced the risk of transmission.

In Alabama, inmates are tested for H.I.V. when they enter prison. About 250 of the state’s 26,400 inmates have tested positive. They are housed in special dormitories at two prisons: one for men and one for women. No inmates have developed AIDS, the state says.

H.I.V.-positive inmates are treated differently from those with other viruses like hepatitis B and C, which are far more infectious, according to the World Health Organization. Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.

Prisoners have been trying to overturn the policy for more than two decades. In 1995, a federal court upheld Alabama’s policy. Inmates filed the latest lawsuit last year.

“Today’s decision is historic,” said Margaret Winter, the associate director of the National Prison Project of the American Civil Liberties Union, which represented the inmates. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with H.I.V. and their families.”

Brian Corbett, a spokesman for the Alabama Department of Corrections, said the state is “not prejudiced against H.I.V.-positive inmates” and has “worked hard over the years to improve their health care, living conditions and their activities.”

“We will continue our review of the court’s opinion and determine our next course of action in a timely manner,” he wrote.

During a monthlong trial in September, lawyers for the department argued that the policy improved the treatment of H.I.V.-positive inmates. Fewer doctors are needed if specialists in H.I.V. focus on 2 of the 29 state’s prisons.

The state spends an average of $22,000 per year on treating individual H.I.V.-positive inmates. The total is more than the cost of medicine for all other inmates, said Bill Lunsford, a lawyer for the Corrections Department.

South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.

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Emanuel explores Midway privatization

Mayor Rahm Emanuel's administration will explore the possibility of privatizing Midway Airport but will take a shorter-term, more tightly controlled approach than was employed by former Mayor Richard Daley's team on the city's first go-round.

Chicago's last try, a 99-year lease that would have brought in $2.5 billion, died in 2009 when the financial markets froze up.

The city's latest intentions are expected to be formally announced Friday, ahead of a Dec. 31 deadline for deciding whether to retain a slot for Midway in the Federal Aviation Administration's airport privatization pilot program. The city put off this decision several times previously.

The move, preliminary as it is, is sure to be politically charged, given the anger over the way Daley's 75-year parking meter privatization deal has played out, with proceeds used to plug operating deficits and meter rates rising sharply.

With that historical backdrop, Emanuel is suggesting a more conservative approach. It includes a shorter-term lease of less than 40 years; a "travelers' bill of rights" aimed at ensuring any changes will benefit passengers; and a continuing stream of revenue for the city, giving it a shot to capture some growth.

And unlike the parking meter and Chicago Skyway lease deals, a new Midway transaction would not allow proceeds to be used to plug operating deficits or to pay for operations in any way, Emanuel said in an interview Thursday.

"I will not let the city use it as a crutch to not make the tough decisions on the budget," he said.

But while a shorter lease and greater city control may play well locally, those sorts of terms may not appeal to investors, experts said in interviews this month.

"The shorter the lease term, the lower the bid prices are going to be — that's just the math," said Steve Steckler, chairman of the Infrastructure Management Group, a Bethesda, Md.-based company that advises infrastructure owners and operators. "I'd be shocked if investors offered more than $2 billion for a 40-year lease," Steckler said.

Emanuel said: "Nobody knows until you talk to people. … I'm the mayor and I'm not agreeing to … 99 years. I'm saying it's either 40 years or less." His office has not offered an estimate of what such a deal could bring in, saying it would be premature.

"No final decisions have been made, but we can't make a decision until we evaluate fully if this could be a win for Chicagoans," Emanuel said.

A private operator would take over management of such revenue-producing activities as food, beverage and car rental concessions and parking lots. The FAA would continue to provide air traffic control, while the Transportation Security Administration would continue to provide security operations. The city would retain ownership.

Few details were provided about how privatization would affect travelers and Midway employees. Emanuel said specifics will emerge over time.

By year's end, the city will send the FAA a preliminary application, a timetable and a draft "request for qualification," a document the city will put out early next year to identify qualified bidders for the project. A review of the potential bidders will be conducted in the spring.

Last year, Emanuel expressed hesitation in pursuing a private lease for Midway unless a careful vetting process was in place, saying taxpayers were correct to be wary, given the city's history.

The evaluation process will be deliberate and open to public view, he said Thursday.

He pledged to create a committee of business, labor and civic leaders that will provide updates to the public on a regular basis and that will select an independent adviser to vet the transaction. The committee will deliver a report to the City Council, and there will be a 30-day review period before any vote.

"I set up a different process and a different set of principles that stand in stark contrast to what was discussed or done in the past," Emanuel said.

The FAA pilot program frees cities from regulations that require airport revenue to be used for airport purposes. It allows money to be withdrawn for other uses.

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