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SB 956 will force more businesses to close

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Posted: Monday, June 11, 2012 12:00 am | Updated: 6:27 am, Mon Jun 11, 2012.

The legislation in Sacramento is doing everything it can to stifle free enterprise. SB956 is just another one of the hundreds of examples, and was just passed by the Senate and will move on to the Assembly. It deals with Buy Here Pay Here auto dealerships, and would require these small dealers to now register with the state as a lending institution.

We need a certain amount of regulations. We do not want car dealers practicing predatory policies on consumers. However, most of these dealers cannot afford a staff, and the owner is trying to keep his head above water by running his business and doing all the paperwork themselves. They do not need to be bogged down with more bureaucracy, more paperwork, more regulation and more costs.

What is going to be the straw that broke the camel’s back when these people just throw up their hands and say “enough is enough,” along with the hundreds of small businesses in California that have already done that? Who is going to be hurt? The little guy — the fellow that has terrible credit and cannot get a loan on the open market.

This bill, if it becomes law, is going to cause many dealerships to go out of business, eliminate the one outlet for many people to purchase a vehicle, and cost the state millions of dollars in tax revenue. How did they vote? All “aye” votes were Democrat, and all “no” votes were Republican.

Kim Parigoris

Lockeford

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Welcome to the discussion.

34 comments:

  • Jay Samone posted at 8:49 am on Wed, Jun 13, 2012.

    Jay Samone Posts: 359

    Darrell - I completely agree that California is anti-business. I recently had the unfortunate experience of attempting to start a small business myself, but the cost of start-up was too great - and I'm not talking just financially. If Ms. Parigoris was looking at the "bigger picture", then that should have been stated alittle clearer in her LTO. I think government in general is a little too intrusive - our legislators have way too much time on their hands to think up ways to put money in their pockets and take it out of ours. However, the litigous society we live in has also created the over compensation of regulating.

     
  • Darrell Baumbach posted at 4:11 pm on Tue, Jun 12, 2012.

    Darrell Baumbach Posts: 9405

    Mr Chang... question.
    01. why did you vote for each president...what made you decide which one to finally vote for since you are independent.
    02. Are there any policitians that you do appreciate and if so, why?

    Lastly... my comment... about Alinsky... a vast majority of people have never heard of him, so I can understand why even democrats who embrace his "philosophy and principles do not realize who developed what they embrace. In other others, Alinsky's work and ideas are used by people who have never heard of the guy.

    Thanks for sharing your thoughts, I thought they were interesting.

     
  • Jerome Kinderman posted at 3:56 pm on Tue, Jun 12, 2012.

    Jerome R Kinderman Posts: 2367

    "So what if you have bad credit?" What, dealers are to simply disregard the credit record of those they're about to lend at the very least $10,000.00 to? Sure, there are plenty of reasons why people have less than stellar credit ratings; and many are legitimate. But just why should any lender take the risk of not receiving payments; or having to chase people down month after month to get a payment; or then having to hire a company to repossess the vehicle which is often hidden in garages of friends or family members; or finally once the vehicle is retrieved having to go through the process of bringing it up to sellable standards? Finally, once the $10,000.00 vehicle is found, fixed and put up for sale for $5,000.00, just how much work and expense will they have to go through to get from the original borrower the difference that is legally owing to the lender?

    These "second chance" dealers are actually providing a good service for those who would otherwise never qualify for a car loan. But they have to pay for their own mistakes by paying more through higher interest rates.

    This is becoming eerily like the housing problem that had people unable to make their monthly payments for houses they should have known they couldn’t afford in the first place. Blame the lenders? As long as they operate within the law, no; but if they’re breaking the law then they should be held accountable. I just don’t see how that would happen too often.

    In short - read the contract before you sign it. How much simpler could it be?

     
  • Darrell Baumbach posted at 3:53 pm on Tue, Jun 12, 2012.

    Darrell Baumbach Posts: 9405

    Jay... I think the big deal is the anti business atmosphere that is very much a factor in California. I believe Kim is reacting to the big picture and not just this industry. I think if you read Steve Hansen's opinion piece, he addresses the concern very well. The article she wrote was about "more" businesses closing in California. The avalanche of mandates and compliance issues is sometimes overwhelming.

    Here is a link...

    http://www.lodinews.com/opinion/columnists/steve_hansen/article_bbf92d18-5af0-52a3-8df7-b30145bab1df.html

     
  • Jay Samone posted at 2:05 pm on Tue, Jun 12, 2012.

    Jay Samone Posts: 359

    wow. too many comments to read through so I'll post my two cents and every one can carry on. First off, I don't understand why this is such a big deal to you Ms. Parigoris. Secondly - do you even KNOW how a car dealership works? or is this something you read about in a news expose?

    If you are here legally, have a legitimate job, you should be able to afford a decent vehicle. So what if you have bad credit? There are plenty of dealerships that are on the up and up that don't charge 25% and upward. This seems to me an attempt to hold those unscrupulous dealerships accountable for predatory lending practices. If they close, they close. I highly doubt there will be a rampant wave of empty used car lots all over California.

    There are other ways people can buy a car, instead of going to a predatory lizard lot with sky high interest rates. You can't tell me that there aren't legit dealerships that refuse financing. They always find a way to make it work - and THOSE are legit dealerships. And BTW - there is no more "Cash for Clunkers" and there hasn't been for quite some time and there certainly isn't a used car shortage out there either. I don't know where you're getting your info from, but dang. Check your facts first.

     
  • Jerome Kinderman posted at 9:58 am on Tue, Jun 12, 2012.

    Jerome R Kinderman Posts: 2367

    Mr. Crowder, you should understand that I do not receive SSI benefits. Your hatred for me has blinded you from the facts. What I do receive is based upon the years I've worked and the amount I paid into the system. Perhaps you, along with Mr. Houdack, should do a little fact checking before you utter such nonsense.

     
  • Walter Chang posted at 8:46 am on Tue, Jun 12, 2012.

    Walt Posts: 1161

    Darrell, the label you’ve assigned doesn’t really fit. I’ve always considered myself a non-partisan moderate or centrist.

    Although I vote almost every time, I don’t like politics or politicians.

    Politics and religion only divide people. More importantly, I feel that the extreme partisanship we’re seeing these days, from each end is destroying America.

    And we all see plenty of that type of activity around here!! No??

    Here’s a fact: I’m no longer a registered Republican, but I was one for more then 20 years. I’m an independent now.

    Another fact: Until about a week ago or so, I didn’t even know who Saul Alinski was!!

    One more: I voted for Reagan, Bush, Clinton, Bush and Obama. No regrets!

    Sorry - Red or blue, don’t matter, it’s pretty much the same to me.

    Thanks, but I suppose I’ve already revealed too much!!

     
  • Andy Crowder posted at 7:08 am on Tue, Jun 12, 2012.

    Andy Crowder Posts: 245

    Your SSI check was not "earned." SSI is provided to disabled persons whether they worked a day in their lives or not. You are not entitled to the social security benefit check you feel you have "earned" until you are at least 65 years old. Some in the GOP feel these SSI payments need to be curtailed, and the disabled be dumped on the doorstep of their nearest relative. As a progressive, I feel that we taxpayers have a responsibility to provide for those who can not provide for themselves. However, hearing someone who receives numerous government entitlements deride the system that supports them seems rather hypocritical and ungrateful. You're biting the hand that feeds you, sir.

     
  • Jerome Kinderman posted at 2:47 am on Tue, Jun 12, 2012.

    Jerome R Kinderman Posts: 2367

    You're quite right, Mr. Baumbach. I’ve never stated that I have any “right” to whatever payments I might receive from the Social Security Administration. While I may not recall everything I have offered here over the years, I do know what I have not. What I did write is that pursuant to an agreement made by the Social Security Administration, I’ve “earned” those payments as a result of money being deducted from my paychecks over a lifetime of work not unlike millions of other Americans.

    There are certain contributors here who simply like to taunt those with whom they lack the ability to argue with in a civilized manner. It’s rather pathetic; and I usually don’t pay them too much attention.

     
  • Darrell Baumbach posted at 9:52 pm on Mon, Jun 11, 2012.

    Darrell Baumbach Posts: 9405

    Mr Houdack stated... government checks that pay everything from his house rent to food to his Internet connection along with the money to buy his computer, was his RIGHT. It was HIS money ... ( in reference to Mr. Kinderman)

    Thats odd, I have read every one of Mr Kinderman's posts and have never seen him state what you said he did Mr. Houdack. It sounds like your interpretation of what he said is sprinkled with animosity, hate and distortion. I think Mr Houdack has an inaccurate perception why makes his reality make believe.

    Maybe I am wrong Mr Houdack. Can you please post the time and date Mr Kinderman posted what you say he did. That way I can read the context and surrounding posts that give meaning to the conversation as a whole.

     
  • Rick Houdack posted at 7:30 pm on Mon, Jun 11, 2012.

    Rick Houdack Posts: 183

    Kinderman is quite right. We remember when he informed the readers of this newspaper that his government checks that pay everything from his house rent to food to his Internet connection along with the money to buy his computer, was his RIGHT. It was HIS money. And when he took his car in for repairs and submitted the bill to the taxpayers of the state of California; that was, he said, also his RIGHT to do so.

     
  • Jerome Kinderman posted at 7:01 pm on Mon, Jun 11, 2012.

    Jerome R Kinderman Posts: 2367

    But then again, I can see the day in the not-so-distant future when homes and vehicles will become a "right" and the government will make sure there's one for each of us. What a grand day that will be!!

     
  • Jerome Kinderman posted at 7:00 pm on Mon, Jun 11, 2012.

    Jerome R Kinderman Posts: 2367

    Once again we're whittling this down to personal responsibility. All the regulations in the world won't stop people from wanting (desiring) something that they simply cannot afford. Greed can be defined in a number of ways. Sure, the guy who's selling the vehicles can be called greedy for wanting to make a profit. But when the dealer has to assume the risk based upon a customer's credit history, why should he be pilloried for charging a higher rate? Chances are they might not even find the car to repossess or when it is located it's not in any condition to be sold without a lot of work.

    And what about the folks who see that shiny (albeit used) Lexus just waiting for them to drive around town to the envy of their pals. Quick! Sign on that line and away you go! But then the month or two goes by and then wham!, that first payment is due along with the associated insurance premium that has skyrocketed because of the value of the vehicle and the fact that full coverage is required. They might be able to scrape up a payment or two but soon find themselves in over their heads. And all for what, wanting something that they simply cannot afford? Greed! “But I didn’t know I couldn’t afford it! I was taken advantage of by those unscrupulous dealers!” Yeah, right!

    Long ago people actually saved up for what they wanted and even needed. Sure, it's hard to stash cash away for a $20,000+ vehicle these days. So settle for a cheaper car or wait until at least 20% is saved as a down payment. That should be the minimum required for both vehicles and houses for everyone. At least then the consumer has actually invested something in the product that gives them a sense of ownership and the desire to keep making the payments because of the loss they would incur by losing it.

     
  • Kim Parigoris posted at 5:29 pm on Mon, Jun 11, 2012.

    Kim Parigoris Posts: 470

    Cash for Clunkers obliterated the used car market. Yes, dealers will sometimes sell used cars for more than book because they had to buy them for much more than they would have 3 years ago. Private business is in business for profit. They take the bad with the good and have no one to bail them out and give them a grant to make it through.

     
  • Darrell Baumbach posted at 5:14 pm on Mon, Jun 11, 2012.

    Darrell Baumbach Posts: 9405

    as long as the union dues are not pretaxed, but post tax then eligible for a tax deduction by the employee, then I think Eric is right.

     
  • Darrell Baumbach posted at 5:04 pm on Mon, Jun 11, 2012.

    Darrell Baumbach Posts: 9405

    Humm... How did you draw that conclusion? I read where she talked about liberal union members... I know conservative union members who are fireman and teachers. She was not talking about them from what I read.

     
  • Darrell Baumbach posted at 4:59 pm on Mon, Jun 11, 2012.

    Darrell Baumbach Posts: 9405

    Mr Chang... I think you are an interesting liberal... most liberals I know react and respond with with a conditioned response as if a reflex. I do appreciate your calmness and humor and that at times to take the time to figure out possible answers that may be different than your perception.

    Also, since you could not think of what my spelling typo meant, it is obvious you are not the typical liberal. Most liberals I know are maternalistic ( matural ) by nature and think most people need to be taken care of and protected from cradle to grave.

    As you why the error...I happened to be on a business call when I was typing and hit the submit button before I was finished typing my post... an accident...

     
  • Walter Chang posted at 4:05 pm on Mon, Jun 11, 2012.

    Walt Posts: 1161


    Darrell: "...you demonstrate to matural liberal cradle to grave mentality perfectly..."

    What?????? (People, you know I'm going to regret this.)

    Matural?? What's that mean? I had to google it and off the top of the list...

    The Urban Dictionary says it means "Natural maturity or being mature in a natural way".

    That can't be right, I'm sure Darrell meant it as a slam!

    So I keep looking and the next link... Oh Oh

    I'm finding several inappropriate sites in the 1st and 2nd page results.

    Without actually clicking on anything...

    It becomes quickly apparent what some of the other meanings were.

    Darrell, I'm not going to imply anything.

    But thanks for the chuckle!!!

     
  • Kim Parigoris posted at 3:16 pm on Mon, Jun 11, 2012.

    Kim Parigoris Posts: 470

    How are they going to buy a car from a private party, when they don't have the money and need some assistance purchasing the car? That makes no sense whatsoever.

     
  • Kim Parigoris posted at 3:15 pm on Mon, Jun 11, 2012.

    Kim Parigoris Posts: 470

    That is not true- amazingly enough, most of these people, especially the Hispanics, pay very well and are very very responsible, pay on time and are dependable. It is not easy, or in the best interest of these dealers, to have to pay a reposession company hundreds of dollars to hunt down these cars, have to clean them up, service them, and hope they are in once piece. It is quite apparent that you are not familiar with the hassle- and risks- of running a business.

     
  • Eric Barrow posted at 3:09 pm on Mon, Jun 11, 2012.

    Eric Barrow Posts: 1589

    Public union money is not taxpayer money it may have started out as tax dollars but the citizens hired an emplyee who performed a service at that point the money rightfully bgelongs to that employee.

     
  • Joanne Bobin posted at 3:04 pm on Mon, Jun 11, 2012.

    Joanne Bobin Posts: 4488

    Despite the backpeddling above, that is exactly what she meant.

     
  • Joanne Bobin posted at 3:02 pm on Mon, Jun 11, 2012.

    Joanne Bobin Posts: 4488

    Ms. Parigoris wrote: "I don't see the liberal union members and government employee trough feeders helping these people out."

    Why not buy a car from a private party? That is what most "fieldworkers" do anyway - many pool there money a purchase a vehicle for transportation from home to the fields.

    People buy cars from these sharks because they see a deal they can't pass up until they find they REALLY cannot afford the payments. I'm sure the car dealers could care less that they can sell-repossess-sell-repossess the same car over and over.

    Why are these car dealers any different from unscrupulous mortgage lenders who sold loans to people who could not afford them?

    Double standards are being applied here.

     
  • Joanne Bobin posted at 2:51 pm on Mon, Jun 11, 2012.

    Joanne Bobin Posts: 4488

    Ms. Parigoris wrote: "How arrogant of you.
    There are thousands of people who buy cars using Buy Here Pay Here, and many many of them are minorities- so now you condone discriminating against minorities? Many of these people, fieldworkers, landscapers, the teller at the bank who doesn't make a lot of money- will have no way to purchase a car, or pay exorbitant rates IF they can get approved. "

    Why would it be arrogant of me to agree that these greedy car dealers should have certain guidelines?

    Selling cars for 3 times the blue book value, charging 30% interest, repossessing cars and reselling them multiple times - not to mention the low quality of cars sold.

    Something tells that a certain someone must be related to a Buy Here-Pay Here dealer. Otherwise, why would one support these types of business practices?

    As far as minorities go, it seems that you are making the assumption that most people without good credit or are in the lower socioeconomic stratum are minorities. How arrogant of YOU.

     
  • Kim Parigoris posted at 2:03 pm on Mon, Jun 11, 2012.

    Kim Parigoris Posts: 470

    let me clarify- I apologize because I do not mean the members themselves, but the union organizations and their bosses. They feed off their members also, and spend millions of dollars on political gain and agendas. Public union money is the taxpayer's money. However, I will say that most public employee union members are not USUALLY aware of how private industry operates. Some statistics about the union in Wisconsin "Public employee union membership in Wisconsin plummeted as a result. According to the Wall Street Journal, the American Federation of State, County, and Municipal Employees lost more than half its members statewide, from 62,818 members in March 2011 to only 28,745 in February 2012. Teachers unions were hard hit as well, with the American Federation of Teachers losing 6,000 of its 17,000 members in the last 15 months. " So given a choice, this is what happened.

     
  • Kim Parigoris posted at 1:55 pm on Mon, Jun 11, 2012.

    Kim Parigoris Posts: 470

    Yes, it will. Buy Here Pay Here is not the first choice to do business for a lot of these little dealers. They would much rather just have the person come in, go to their bank , get financed and bring them the money and be on their way. However in htis economic climate, with foreclosures, bankruptcies, etc. that is getting increasingly hard to do. So there are choices- lose the deal, finance with another lending agency who will charge the customer as high as 25% and will also charge the dealer a fee, often as high as the profit he has on the car, which leaves him with nothing after paying rent, insurance, fuel, transportation charges, reconditioning, etc. So he lends this high risk stranger money, hoping he will get it back.I also tried to contact the Dept of Financial Institutions because not only will the paperwork be very burdensome, there will also be a fee, I'm sure based on volume, that will accompany the reports. It is more bureaucracy, more cost, more overhead that these people just simply can not afford. Let's not forget the trickle down- OK, so we lose a couple dealers locally- big deal! But wait! They have to let their housecleaner and gardener go and those folks were going to go out to dinner this Friday but guess what? They can't because their income also just got lowered.

     
  • Jerome Kinderman posted at 1:25 pm on Mon, Jun 11, 2012.

    Jerome R Kinderman Posts: 2367

    Is true that if passed, would this bill drive these types of dealerships out of business? And if so, where would their customer base go to purchase a vehicle?

    Somehow I'm sensing more laws that would follow to REQUIRE the remaining dealerships to not only provide interest rates at 17% (plus the federal funds rate), but to also lower their credit standards in order to get these credit-challenged folks behind the wheel of a vehicle through a loan that will likely come back to bite them in the butt through repossessions and all that goes with that process.

    Who then would actually pay for this mistake? Those who would have enjoyed lower interest rates because of their responsible fiscal behavior then having to pay higher rates, that’s who.

     
  • Andy Crowder posted at 12:37 pm on Mon, Jun 11, 2012.

    Andy Crowder Posts: 245

    You're calling firemen, teachers, police officers, nurses, prison guards, and SOLDIERS "trough feeders"? Are you serious?

     
  • Kim Parigoris posted at 12:29 pm on Mon, Jun 11, 2012.

    Kim Parigoris Posts: 470

    I don't see the liberal union members and government employee trough feeders helping these people out. Maybe you folks think they should go to the government and get a car for free and put ALL the care dealers out of business.

     
  • Joanne Bobin posted at 12:21 pm on Mon, Jun 11, 2012.

    Joanne Bobin Posts: 4488

    Mr. Baumbach wrote: "these people you perceive buy from this particular business category must be regulated ...the helping hand of the liberals."

    I'm not sure what Mr. Baumbach is trying to say here - do you mean the poor people are being regulated, or the businesses that serve them?

    And why you would call this "the helping hand of the liberals" makes absolutely no sense at all. Unless, of course, you are FOR the types of rip-offs these dealers are offering. From your response, I take it that you believe this is all part of free-enterprise, just as Ms. Parigoris apparently does.

     
  • Kim Parigoris posted at 12:18 pm on Mon, Jun 11, 2012.

    Kim Parigoris Posts: 470

    OK, Ms Bobin, but it is OK, for a financial institution to charge as much as 25% interest and a fee to small dealerships as much as $1200.00 per car to the person who has some financial difficulties? You should be ashamed for being so judgemental as to which businesses should stay and which should go, and what people can get car loans and which ones can't. How arrogant of you.
    There are thousands of people who buy cars using Buy Here Pay Here, and many many of them are minorities- so now you condone discriminating against minorities? Many of these people, fieldworkers, landscapers, the teller at the bank who doesn't make a lot of money- will have no way to purchase a car, or pay exorbitant rates IF they can get approved.

     
  • Darrell Baumbach posted at 11:53 am on Mon, Jun 11, 2012.

    Darrell Baumbach Posts: 9405

    Mr chang stated...Who buys cars from a “Buy Here Pay Here” auto dealership, anyway?? Typically, hard working people who are at the bottom of the socio-economic ladder.

    Great post Mr Chang...you demonstrate to matural liberal cradle to grave mentality perfectly... these people you perceive buy from this particular business category must be regulated ...the helping hand of the liberals

     
  • Joanne Bobin posted at 9:54 am on Mon, Jun 11, 2012.

    Joanne Bobin Posts: 4488

    These are the kind of businesses that SHOULD be run out of California.

    According to the LA Times:

    "Lieu's legislation is the second bill to take aim at Buy Here Pay Here dealerships in response to a Los Angeles Times series last year, which shed light on the little-known corner of the used-car market.

    Focusing on customers with bad credit, dealers often charge triple the book value for older used cars and charge interest rates that can top 30%. Some employ a business model that ratchets up profits by repossessing the same car multiple times, reselling it to new customers each time."

    and

    "Among the bill's other major provisions is an interest rate cap on the retail installment contracts issued by these dealers, barring them from setting interest rates higher than 17% plus the federal funds rate.

    At present, the federal funds rate is 0.25%, meaning the most a Buy Here Pay Here dealer in California could charge on a loan would be 17.25%. By comparison, many dealerships offering their own financing in the Golden State charge 20% to 30% on three- and four-year installment contracts."

    Why are Republicans always against legislation that protects the consumer and pro all of the crooks who want to take advantage consumers?

     
  • Walter Chang posted at 9:04 am on Mon, Jun 11, 2012.

    Walt Posts: 1161

    Kim, if they’re hundreds of examples…

    I’m curious, why did you pick this one?

    If a “Buy Here Pay Here” auto dealerships are making loans just like a lending institutions, shouldn’t they be required to operate under the same laws?

    That would seem to make sense to me and personally, I’m surprised that they aren’t regulated now!!!

    Who buys cars from a “Buy Here Pay Here” auto dealership, anyway??

    Typically, hard working people who are at the bottom of the socio-economic ladder.

    Aka “the poor”, probably not too many Republican voters though.

    In an industry that’s rife with scammers already, Kim wants to keep them unregulated.

    No surprises here.

    I’m sure the large man at the “loan desk” will be happy to fill out your paper work!!

    CASH ONLY!!

     

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