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132-683: Filmed on location in Portland, Oregon , in 2006, Music Within screened at the AFI Dallas International Film Festival in February 2007, where it won the award for Best Narrative Feature Film. The film was acquired for distribution by Metro-Goldwyn-Mayer Pictures , who gave it a limited theatrical release in the United States on October 26, 2007. In 1947, in Portland, Oregon , infant Richard Pimentel

264-510: A balancing test between the cost of the proposed alteration and the wherewithal of the business and/or owners of the business. Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business. There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in

396-520: A major regional heat wave . The record had been broken for three consecutive days with daytime highs of 108 °F (42 °C) on June 26 and 112 °F (44 °C) on June 27; the previous record of 107 °F (42 °C) was set in July 1965 and matched twice in August 1981. A temperature of 100 °F (38 °C) has been recorded in all five months from May through September. The warmest night of

528-433: A roller skating rink, Richard gets into a confrontation with Nikos, the boyfriend of a fellow university student, Christine, when Richard—using his ability to read lips —observes him insulting Art from a distance. Later, Richard sees Christine on the university campus, and responds to her rideshare advertisement for a trip to Seattle to attend a Jefferson Airplane concert. Richard spends the night at Christine's house and

660-464: A " covered entity " shall not discriminate against "a qualified individual with a disability". This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. "Covered entities" include employers with 15 or more employees, as well as employment agencies , labor organizations , and joint labor-management committees. There are strict limitations on when

792-628: A century. During the prehistoric period, the land that would become Portland was flooded after the collapse of glacial dams from Lake Missoula , in what would later become Montana. These massive floods occurred during the last ice age and filled the Willamette Valley with 300 to 400 feet (91 to 122 m) of water. Before American settlers began arriving in the 1800s, the land was inhabited for many centuries by two bands of indigenous Chinook people  – the Multnomah and

924-523: A community-driven series of rallies, campaigns, nonprofits and events designed to address Portland's racial history, leading to a city considered significantly more tolerant than in 1988 at Seraw's death. Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 or ADA ( 42 U.S.C.   § 12101 ) is a civil rights law that prohibits discrimination based on disability . It affords similar protections against discrimination to Americans with disabilities as

1056-616: A consistently appealing presence who exudes unpretentious everyman charm, successfully sells even the corniest of scenarios—the most groan-worthy of which is a discriminatory pancake house offense that, per uplifting melodramatic requirements—is rectified 20 years later with some heartwarming syrup." Wesley Morris of The Boston Globe echoed a similar sentiment, writing that the film is "everything it ought to be: right-minded, well-intentioned, compassionate. But it doesn't rise above made-for-cable public service announcement, either." Kevin Crust of

1188-527: A covered entity can ask job applicants or employees disability-related questions or require them to undergo medical examination, and all medical information must be kept confidential. Prohibited discrimination may include, among other things, firing or refusing to hire someone based on a real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities. A reasonable accommodation

1320-553: A disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense." The term "auxiliary aids and services" includes: Captions are considered one type of auxiliary aid. Since

1452-681: A disability. In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability." Thus the ADAAA led to broader coverage of impaired employees. In October 2019, the Supreme Court declined to resolve a circuit split as to whether websites are covered by

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1584-431: A few degrees. Evening temperatures fall to or below freezing 32 nights per year on average, but very rarely below 18 °F (−8 °C). There are only 2.1 days per year where the daytime high temperature fails to rise above freezing; the mean for the lowest high is at the exact freezing point of 32 °F (0 °C). The lowest overnight temperature ever recorded was −3 °F (−19 °C), on February 2, 1950, while

1716-428: A gift for public speaking . Upon graduating high school in 1969, he visited Portland State University as a prospective student. Richard catches the attention of Dr. Ben Padrow, a football coach and head of the university's speech department, and recites a speech for him. Padrow harshly tells Richard that he needs to "live a full life" to gain perspective and hone his natural speaking skills. This inspired Richard to join

1848-519: A highly active volcano 50 miles (80 km) northeast of the city in Washington state, is easily visible on clear days and is close enough to have dusted the city with volcanic ash after its eruption on May 18, 1980. The rocks of the Portland area range in age from late Eocene to more recent eras. Multiple shallow, active fault lines traverse the Portland metropolitan area. Among them are

1980-541: A history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits",

2112-656: A large number of saloons, bordellos , gambling dens, and boarding houses which were populated with miners after the California Gold Rush , as well as the multitude of sailors passing through the port. By the early 20th century, the city had lost its reputation as a "sober frontier city" and garnered a reputation for being violent and dangerous. Between 1900 and 1930, the city's population tripled from nearly 100,000 to 301,815. During World War II , it housed an "assembly center" from which up to 3,676 people of Japanese descent were dispatched to internment camps in

2244-592: A list of conditions that should easily be concluded to be disabilities: amputation , attention deficit hyperactivity disorder (ADHD), autism , bipolar disorder , blindness , cancer , cerebral palsy , deafness , diabetes , epilepsy , HIV/AIDS , intellectual disability , major depressive disorder , mobility impairments requiring a wheelchair, multiple sclerosis , muscular dystrophy , obsessive–compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and schizophrenia . Other mental or physical health conditions also may be disabilities, depending on what

2376-652: A more lenient standard. On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people. The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as

2508-588: A newspaper, the Weekly Oregonian . A major fire swept through downtown in August 1873 , destroying twenty blocks on the west side of the Willamette along Yamhill and Morrison Streets, and causing $ 1.3 million in damage, roughly equivalent to $ 33.1 million today. By 1879, the population had grown to 17,500 and by 1890 it had grown to 46,385. In 1888, the first steel bridge on the West Coast

2640-481: A protest to commemorate the one-year anniversary of Floyd's murder caused property damage, and was followed by a number of arrests. Portland lies on top of a dormant volcanic field known as the Boring Lava Field , named after the nearby bedroom community of Boring . The Boring Lava Field has at least 32 cinder cones such as Mount Tabor , and its center lies in southeast Portland. Mount St. Helens ,

2772-472: A report, Towards Independence, in which the Council examined incentives and disincentives in federal laws towards increasing the independence and full integration of people with disabilities into U.S. society. Among the disincentives to independence the Council identified was the existence of large remaining gaps in civil rights coverage for people with disabilities in the United States. A principal conclusion of

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2904-424: A reputation as a bastion of counterculture . The city operates with a commission-based government , guided by a mayor and four commissioners, as well as Metro , the only directly elected metropolitan planning organization in the United States. Its climate is marked by warm, dry summers and cool, rainy winters. This climate is ideal for growing roses , and Portland has been called the "City of Roses" for over

3036-422: A restaurant. People with disabilities cannot be treated as "less than" other customers. However, if a business normally charges for damages caused by the person to property, damage caused by a service animal can also require compensation. The ADA provides explicit coverage for auxiliary aids. ADA says that "a public accommodation shall take those steps that may be necessary to ensure that no individual with

3168-432: A single street name on a grid. For example, the 200 block north of Burnside is either NW Davis Street or NE Davis Street throughout the entire city. The six previous addressing sections of Portland, which were colloquially known as quadrants despite there being six, have developed distinctive identities, with mild cultural differences and friendly rivalries between their residents, especially between those who live east of

3300-486: A time, contributing to 157 days on average with measurable (≥0.01 in or 0.25 mm) precipitation annually. Temperatures have reached 90 °F (32 °C) as early as April 30 and as late as October 5, while 80 °F (27 °C) has been reached as early as April 1 and as late as October 21. Thunderstorms are uncommon and tornadoes are very rare, although they do occur. See or edit raw graph data . Portland's cityscape derives much of its character from

3432-453: A training program to help educate the public on HIV/AIDS . However, Richard's high-profile career begins to negatively impact his relationship with Christine. When Richard cancels plans with Christine to attend a speaking engagement, Christine decides to end their relationship. Richard is further devastated when Mike commits suicide, and his mother dies in a psychiatric hospital. Richard reconnects with Christine, now engaged to another man, and

3564-427: Is Mount Tabor , a volcanic landform. The 2020 census reported the city as 73.8% White (449,025 people), 8.2% Asian (52,854), 5.8% Black or African American (38,217), 0.9% Native American (7,335), 0.5% Pacific Islander (3,919), and 5.0% from two or more races (69,898). 10.3% were Hispanic or Latino, of any race (72,336). Whites not of Hispanic origin made up 68.8% of the total population. The 2010 census reported

3696-433: Is "PDX", the airport code for Portland International Airport . Other nicknames include Bridgetown, Stumptown, Rip City, Soccer City, P-Town, Portlandia, and the more antiquated Little Beirut. From May 28, 2020, until spring 2021, there were daily protests about the murder of George Floyd by police, and racial injustice. There were instances of looting, vandalism, and police actions causing injuries. One protestor

3828-413: Is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform the job, scheduling changes, and changes to the way work assignments are chosen or communicated. An employer is not required to provide an accommodation that would involve undue hardship (excessive difficulty or expense), and

3960-599: Is approximately 100 miles (160 km) upriver from the Pacific Ocean on the Columbia. Though much of downtown Portland is relatively flat, the foothills of the Tualatin Mountains , more commonly referred to locally as the "West Hills", pierce through the northwest and southwest reaches of the city. Council Crest Park at 1,073 feet (327 m) is often quoted as the highest point in Portland; however,

4092-564: Is charged with enforcing this provision. Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays. Under Title III of

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4224-455: Is introduced to Bill Austin , the founder of Starkey Hearing Technologies , who produce state-of-the-art hearing aids. Meanwhile, Richard, collaborating with Art, begins writing a treatise on the subject of disabled persons. Through the 1980s, Richard's career takes off as he becomes a keynote speaker for the U.S. Government, giving speeches to government agencies and sectors on training and protocols for people with disabilities; he also devises

4356-484: Is largely residential. Downtown district , made up of commercial businesses, museums, skyscrapers , and public landmarks represents a small area within the southwest address section. Portland's South Waterfront area has been developing into a dense neighborhood of shops, condominiums, and apartments starting in the mid-2000s. Development in this area is ongoing. The area is served by the Portland Streetcar ,

4488-823: Is prohibited if it is intended to interfere. The ADA has roots in Section 504 of the Rehabilitation Act of 1973 . The law began in the Virginia House of Delegates in 1985 as the Virginians with Disabilities Act—supported by Warren G. Stambaugh —which was passed by the state Virginia . It is the first iteration of the Americans with Disabilities Act. In 1986, the National Council on Disability (NCD), an independent federal agency, issued

4620-404: Is reported to have "inconvenienced" several senators and to have pushed them to approve the act. While there are those who do not attribute much overall importance to this action, the "Capitol Crawl" of 1990 is seen by some present-day disability activists in the United States as a central act for encouraging the ADA into law. Senator Tom Harkin ( D - IA ) authored what became the final bill and

4752-666: Is the first new bridge to span the Willamette in Portland since the 1973 opening of the double-decker Fremont Bridge . Other bridges that span the Willamette River in the downtown area include the Burnside Bridge , the Ross Island Bridge (both built 1926), and the double-decker Marquam Bridge (built 1966). Other bridges outside the downtown area include the Sellwood Bridge (built 2016) to

4884-608: Is water. Although almost all of Portland is within Multnomah County , small portions of the city are within Clackamas and Washington counties. Portland has a warm-summer Mediterranean climate ( Köppen Csb), falling just short of a hot-summer Mediterranean climate (Köppen Csa) with cool and rainy winters, and warm and dry summers. This climate is characterized by having overcast, wet, and changing weather conditions in fall, winter, and spring, as Portland lies in

5016-471: The Los Angeles Times praised the film's performances, but felt that the film lost narrative momentum in its second half, "when Pimentel’s dedication to his work...  takes a toll on his relationship with Christine. So much time is spent on obligatory scenes involving answering machines and chance encounters on the street that his work on the ADA seems to get short shrift." Time Out awarded

5148-569: The Civil Rights Act of 1964 , which made discrimination based on race , religion , sex , national origin , and other characteristics illegal, and later sexual orientation and gender identity . In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations . In 1986,

5280-589: The Clackamas . The Chinook people occupying the land were first documented in 1805 by Meriwether Lewis and William Clark . Before its European settlement, the Portland Basin of the lower Columbia River and Willamette River valleys had been one of the most densely populated regions on the Pacific Coast. Large numbers of pioneer settlers began arriving in the Willamette Valley in the 1840s via

5412-491: The MAX Orange Line and four TriMet bus lines. This former industrial area sat as a brownfield prior to development in the mid-2000s. Southeast Portland is largely residential, and consists of several neighborhoods, including Hawthorne District , Belmont , Brooklyn , and Mount Tabor . Reed College , a private liberal arts college that was founded in 1908, is located within the confines of Southeast Portland as

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5544-586: The National Council on Disability had recommended the enactment of an Americans with Disabilities Act and drafted the first version of the bill which was introduced in the House and Senate in 1988. A broad bipartisan coalition of legislators supported the ADA, while the bill was opposed by business interests (who argued the bill imposed costs on business) and conservative evangelicals (who opposed protection for individuals with HIV ). The final version of

5676-665: The National Register of Historic Places , or properties designated as historic under state or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used. Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However,

5808-466: The Oregon Trail with many arriving in nearby Oregon City . A new settlement then emerged ten miles from the mouth of the Willamette River, roughly halfway between Oregon City and Hudson's Bay Company 's Fort Vancouver . This community was initially referred to as "Stumptown" and "The Clearing" because of the many trees cut down to allow for its growth. In 1843 William Overton saw potential in

5940-618: The Portland Hills Fault on the city's west side, and the East Bank Fault on the east side. According to a 2017 survey, several of these faults were characterized as "probably more of a hazard" than the Cascadia subduction zone due to their proximities to population centers, with the potential of producing magnitude 7 earthquakes . Notable earthquakes that have impacted the Portland area in recent history include

6072-571: The Portland State University campus. Though an official soundtrack was not released, the film features the following songs: Music Within was selected for the opening night gala of the American Film Institute 's Dallas International Film Festival in February 2007. The film was given a limited theatrical release in the United States by Metro-Goldwyn-Mayer on October 26, 2007. In its opening weekend,

6204-533: The Portland metropolitan area , making it the 25th-most populous in the United States. About half of Oregon's population resides within the Portland metro area. Named after Portland, Maine , which is itself named after the English Isle of Portland , the Oregon settlement began to be populated in the 1840s, near the end of the Oregon Trail . Its water access provided convenient transportation of goods, and

6336-533: The confluence of the Willamette and Columbia rivers, it is the county seat of Multnomah County , Oregon's most populous county. As of 2020, Portland's population was 652,503, making it the 26th-most populous city in the United States, the sixth-most populous on the West Coast , and the second-most populous in the Pacific Northwest, after Seattle . Approximately 2.5 million people live in

6468-566: The urban heat island effect. Neighborhoods outside of the downtown core, especially in slightly higher elevations near the West Hills and Mount Tabor , can experience a dusting of snow while downtown receives no accumulation at all. The city has experienced a few major snow and ice storms in its past, with extreme totals having reached 44.5 in (113 cm) at the airport in 1949–50 and 60.9 in (155 cm) at downtown in 1892–93. Summers in Portland are warm, dry, and sunny, though

6600-766: The 1940s and 1950s. In 1957, Life magazine published an article detailing the city's history of government corruption and crime, specifically its gambling rackets and illegal nightclubs. The article, which focused on crime boss Jim Elkins , became the basis of a fictionalized film titled Portland Exposé (1957). In spite of the city's seedier undercurrent of criminal activity, Portland enjoyed an economic and industrial surge during World War II. Ship builder Henry J. Kaiser had been awarded contracts to build Liberty ships and aircraft carrier escorts, and chose sites in Portland and Vancouver, Washington , for work yards. During this time, Portland's population rose by over 150,000, largely attributed to recruited laborers. During

6732-483: The 1960s, an influx of hippie subculture began to take root in the city in the wake of San Francisco 's burgeoning countercultural scene. The city's Crystal Ballroom became a hub for the city's psychedelic culture , while food cooperatives and listener-funded media and radio stations were established. A large social activist presence evolved during this time as well, specifically concerning Native American rights , environmentalist causes, and gay rights . By

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6864-474: The 1970s, Portland had well established itself as a progressive city, and experienced an economic boom for the majority of the decade; however, the slowing of the housing market in 1979 caused demand for the city and state timber industries to drop significantly. In the 1990s, the technology industry began to emerge in Portland, specifically with the establishment of companies such as Intel , which brought more than US$ 10 billion in investments in 1995 alone. In

6996-420: The 6.8-magnitude Nisqually earthquake in 2001, and a 5.6-magnitude earthquake that struck on March 25, 1993. Per a 2014 report, over 7,000 locations within the Portland area are at high risk for landslides and soil liquefaction in the event of a major earthquake, including much of the city's west side (such as Washington Park ) and sections of Clackamas County . Portland is 60 miles (97 km) east of

7128-591: The ADA is a "failure to remove" architectural barriers in existing facilities. See 42 U.S.C.   § 12182(b)(2)(A)(iv) . This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable", defined as "...easily accomplished without much difficulty or expense". The statutory definition of "readily achievable" calls for

7260-543: The ADA labeled religious institutions "public accommodations" and thus would have required churches to make costly structural changes to ensure access for all. The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations". Church groups such as the National Association of Evangelicals testified against the ADA's Title I employment provisions on grounds of religious liberty. The NAE believed

7392-609: The ADA, all new construction (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) found in the Code of Federal Regulations at 28 C.F.R., Part 36, Appendix A . Title III also has applications to existing facilities. One of the definitions of "discrimination" under Title III of

7524-510: The Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities. Shortly before the act was passed, disability rights activists with physical disabilities coalesced in front of the Capitol Building , shed their crutches, wheelchairs , powerchairs and other assistive devices , and immediately proceeded to crawl and pull their bodies up all 100 of

7656-503: The Capitol's front steps, without warning. As the activists did so, many of them chanted "ADA now", and "Vote, Now". Some activists who remained at the bottom of the steps held signs and yelled words of encouragement at the "Capitol Crawlers". Jennifer Keelan, a second grader with cerebral palsy , was videotaped as she pulled herself up the steps, using mostly her hands and arms, saying "I'll take all night if I have to." This direct action

7788-746: The Federal Communications Commission (FCC) to adopt rules requiring closed captioning of most television programming. The FCC's rules on closed captioning became effective January 1, 1998. Title IV of the ADA amended the Communications Act of 1934 primarily by adding section 47 U.S.C.   § 225 . This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in

7920-597: The Internet by consumers who use broadband connections. Some are Video Relay Service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed or typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month. Title V includes technical provisions. It discusses, for example,

8052-519: The Pacific Ocean at the northern end of Oregon 's most populated region, the Willamette Valley. Downtown Portland straddles the banks of the Willamette River, which flows north through the city center and separates the city's east and west neighborhoods. Less than 10 miles (16 km) from downtown, the Willamette River flows into the Columbia River, the fourth-largest river in the United States, which divides Oregon from Washington state. Portland

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8184-527: The United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down. The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities,

8316-509: The Willamette River versus west of the river. Portland's addressing sections are North, Northwest, Northeast, South, Southeast, and Southwest (which includes downtown Portland ). The Willamette River divides the city into east and west while Burnside Street , which traverses the entire city lengthwise, divides the north and south. North Portland consists of the peninsula formed by the Willamette and Columbia Rivers, with N Williams Ave serving as its eastern boundary. All addresses and streets within

8448-478: The addition of South Portland, all six addressing sectors (N, NE, NW, S, SE and SW) are now officially known as sextants. The Pearl District in Northwest Portland , which was largely occupied by warehouses, light industry and railroad classification yards in the early to mid-20th century, now houses upscale art galleries , restaurants, and retail stores, and is one of the wealthiest neighborhoods in

8580-478: The agricultural Tualatin Valley via the " Great Plank Road " (the route of current-day U.S. Route 26 ), provided the pioneer city with an advantage over other nearby ports, and it grew very quickly. Portland remained the major port in the Pacific Northwest for much of the 19th century, until the 1890s, when Seattle's deepwater harbor was connected to the rest of the mainland by rail, affording an inland route without

8712-528: The animal is a direct threat to someone's health and safety. Allergies and fear of animals are not considered to be such a threat. Businesses that prepare or serve food must allow service animals and their owners on the premises even if state or local health laws otherwise prohibit animals. Businesses that prepare or serve food are not required to provide care, food, a relief area for service animals. Extra fees for service animals are forbidden. They cannot be discriminated against, such as by isolation from people at

8844-417: The animal is a service animal and ask what tasks it is trained to perform, but are not allowed to ask the service animal to perform the task nor ask for an animal ID. They cannot ask what the person's disabilities are. A person with a disability cannot be removed from the premises unless one of two things happen: the animal is out of control and its owner cannot control it (e.g., a dog barking uncontrollably), or

8976-497: The audience up with a supremely cool and witty real-life character, Richard Pimentel...what should be a tough, sentimental slog whisks by in a breezy, entertaining 94 minutes like a kind of illustrated stand-up comedy routine." Matt Seitz of The New York Times , however, called the film's direction "annoyingly unimaginative," ultimately deeming it "a bad movie with a good heart." Reviewing the film for Slant Magazine , Nick Schager awarded it two out of four stars, noting: "Livingston,

9108-432: The bill was signed into law on July 26, 1990, by President George H. W. Bush . It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009. Conditions classed as disabilities under the ADA include both mental and physical conditions. A condition does not need to be severe or permanent to be a disability. Equal Employment Opportunity Commission regulations provide

9240-903: The case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution . The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission , who can sue on their behalf. Title II prohibits disability discrimination by all public entities at

9372-499: The cities to attract and retain the highest number of college-educated people in the United States. Between 2001 and 2012, Portland's gross domestic product per person grew by fifty percent, more than any other city in the country. The city acquired a diverse range of nicknames throughout its history, though it is most often called "Rose City" or "The City of Roses" (unofficial nickname since 1888, official since 2003). Another widely used nickname by local residents in everyday speech

9504-412: The city are prefixed by N, NW, NE, S, SW or SE with the exception of Burnside Street, which is prefixed with W or E. Starting on May 1, 2020, former Southwest prefix addresses with house numbers on east–west streets leading with zero dropped the zero and the street prefix on all streets (including north–south streets) converted from Southwest to South. For example, the current address of 246 S California St.

9636-432: The city as 76.1% White (444,254 people), 7.1% Asian (41,448), 6.3% Black or African American (36,778), 1.0% Native American (5,838), 0.5% Pacific Islander (2,919), 4.7% belonging to two or more racial groups (24,437) and 5.0% from other races (28,987). 9.4% were Hispanic or Latino, of any race (54,840). Whites not of Hispanic origin made up 72.2% of the total population. In 1940, Portland's African-American population

9768-566: The city proper, Portland has one of the largest Vietnamese populations in America per capita. According to statistics, there are over 4,500 Pacific Islanders in Portland, making up 0.7% of the city's population. There is a Tongan community in Portland, who arrived in the area in the 1970s, and Tongans and Pacific Islanders as a whole are one of the fastest-growing ethnic groups in the Portland area. Portland's population has been and remains predominantly White . In 1940, Whites were over 98% of

9900-474: The city's early establishment as being a " scion of New England ; an ends-of-the-earth home for the exiled spawn of the eastern established elite." In 1889, The Oregonian called Portland "the most filthy city in the Northern States", due to the unsanitary sewers and gutters, and, at the turn of the 20th century, it was considered one of the most dangerous port cities in the world. The city housed

10032-418: The city's population. In 2009, Portland had the fifth-highest percentage of White residents among the 40 largest U.S. metropolitan areas. A 2007 survey of the 40 largest cities in the U.S. concluded Portland's urban core has the highest percentage of White residents. Some scholars have noted the Pacific Northwest as a whole is "one of the last Caucasian bastions of the United States". While Portland's diversity

10164-728: The city. Areas further west of the Pearl District include neighborhoods known as Uptown and Nob Hill, as well as the Alphabet District and NW 23rd Ave., a major shopping street lined with clothing boutiques and other upscale retail, mixed with cafes and restaurants. Northeast Portland is home to the Lloyd District , Alberta Arts District , and the Hollywood District . North Portland is largely residential and industrial. It contains Kelley Point Park ,

10296-823: The coast, as well as the protective nature of the Oregon Coast Range to its west, Portland summers are less susceptible to the moderating influence of the nearby Pacific Ocean. Consequently, Portland occasionally experiences heat waves , with temperatures rising above 90 °F (32 °C) for a few days. However, on average, temperatures reach or exceed 80 °F (27 °C) on only 61 days per year, of which 15 days will reach 90 °F (32 °C) and only 1.3 days will reach 100 °F (38 °C). In 2018 more 90-degree days were recorded than ever before. On June 28, 2021, Portland recorded its all-time record high temperature of 116 °F (47 °C) and its warmest daily low temperature of 75 °F (24 °C) during

10428-613: The definition of "disability" in order to prevent abuse of the statute's purpose. Additionally, sexual orientation is no longer considered a disorder and is also excluded from the definition of "disability". However, in 2022, the United States Court of Appeals for the Fourth Circuit stated that the ADA covers individuals with gender dysphoria , which may aid transgender people in accessing legal protections they otherwise may be unable to. The ADA states that

10560-564: The direct path of the stormy westerly flow, and warm, dry summers when the North Pacific High reaches its northernmost point in mid-summer. Portland's USDA Plant Hardiness Zone is 8b, with parts of the Downtown area falling into zone 9a. Winters are cool, cloudy, and rainy. The coldest month is December with an average daily high temperature of 46.9 °F (8.3 °C), although overnight lows usually remain above freezing by

10692-450: The displaced workers from the wartime settlement to neighboring Albina . There and elsewhere in Portland, they experienced police hostility, lack of employment, and mortgage discrimination , leading to half the black population leaving after the war. In the 1980s and 1990s, radical skinhead groups flourished in Portland. In 1988, Mulugeta Seraw , an Ethiopian immigrant, was killed by three skinheads. The response to his murder involved

10824-462: The early 1990s, it led to the installation of public teletypewriter (TTY) machines and other TDD ( telecommunications devices for the deaf ). Title IV also led to the creation, in all 50 states and the District of Columbia, of what was then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS relay . Today, many TRS-mediated calls are made over

10956-479: The east lies the actively volcanic Cascade Range . On clear days, Mt. Hood and Mt. St. Helens dominate the horizon, while Mt. Adams and Mt. Rainier can also be seen in the distance. According to the United States Census Bureau , the city has an area of 145.09 square miles (375.78 km ), of which 133.43 square miles (345.58 km ) is land and 11.66 square miles (30.20 km )

11088-745: The entity. Title II applies to public transportation provided by public entities through regulations by the U.S. Department of Transportation . It includes the National Railroad Passenger Corporation (Amtrak), along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed-route services. ADA also sets minimum requirements for space layout in order to facilitate wheelchair securement on public transport. Title II also applies to all state and local public housing, housing assistance, and housing referrals. The Office of Fair Housing and Equal Opportunity

11220-724: The fact that nothing in the ADA amends, overrides or cancels anything in Section 504 . Additionally, Title V includes an anti-retaliation or coercion provision. The Technical Assistance Manual for the ADA explains this provision: III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights ... Any form of retaliation or coercion, including threats, intimidation, or interference,

11352-448: The film "entertaining" and "sometimes inspiring," but added: "What bothers me is that Music Within takes an individual story, an inspiring one, yes, and then thinks that's all there is to be told. It wasn't one guy who got mad. It was decades of struggle, decades of rejection, decades of streets that couldn't be crossed, stairs that couldn't be climbed, houses that couldn't be lived in and customers who couldn't be bothered." Music Within

11484-685: The film grossed $ 52,744 in 17 theaters. It went on to earn a total of $ 154,087 in the United States, and another $ 33,494 internationally, for a worldwide gross of $ 187,581. Writing on the difficulty of marketing the film, journalist Kirk Honeycutt noted: "the challenge faced by MGM is to persuade an audience to risk seeing a movie about events leading up to the landmark Americans With Disabilities Act. The film opens today in 10 markets and will need strong critical support in tandem with MGM’s marketing to create awareness. The film will more than likely make its mark in cable and DVD markets." Kirk Honeycutt of The Hollywood Reporter noted: " Music Within will hook

11616-428: The film three out of five stars, but similarly criticized the film's structure, describing it as a "connect-the-dots biopic" that renders Pimentel's personal story "almost superfluous compared with the more compelling story of how he changed a crippled culture of “ugly” laws (wherein the police had a right to arrest anyone who was physically “unsightly”) to one with required wheelchair accessibility." Roger Ebert called

11748-440: The grounds of violating an " ugly law ," an ordinance targeting the poor and disabled from appearing in public spaces. The incident inspires Richard to quit his insurance job and dedicate his time to nonprofit work helping placing veterans and other people with disabilities in jobs. In 1978, Richard is fitted with hearing aids for the first time, though they do not provide adequate hearing ability. With Dr. Padrow's help, Richard

11880-607: The heartland. It was the first American city to have residents report thus, and the Pacific International Livestock Exposition operated from May through September 10, 1942, processing people from the city, northern Oregon, and central Washington . General John DeWitt called the city the first "Jap-free city on the West Coast." At the same time, Portland became a notorious hub for underground criminal activity and organized crime in

12012-492: The highest point in Portland is on a section of NW Skyline Blvd just north of Willamette Stone Heritage site . The highest point east of the river is Mt. Tabor , an extinct volcanic cinder cone, which rises to 636 feet (194 m). Nearby Powell Butte and Rocky Butte rise to 614 feet (187 m) and 612 feet (187 m), respectively. To the west of the Tualatin Mountains lies the Oregon Coast Range , and to

12144-501: The individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in the illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use. Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in

12276-440: The individual's symptoms would be in the absence of "mitigating measures" such as medication, therapy, assistive devices, or other means of restoring function, during an "active episode" of the condition (if the condition is episodic). Certain specific conditions that are widely considered anti-social , or tend to result in illegal activity, such as kleptomania , pedophilia , exhibitionism , voyeurism , etc. are excluded under

12408-555: The lap of the West Hills , while the flatter east side extends for roughly 180 blocks until it meets the suburb of Gresham . In 1891 the cities of Portland, Albina , and East Portland were consolidated, creating inconsistent patterns of street names and addresses. It was not unusual for a street name to be duplicated in disparate areas. The "Great Renumbering" on September 2, 1931, standardized street naming patterns and divided Portland into five "general districts." It also changed house numbers from 20 per block to 100 per block and adopted

12540-482: The largest Asian ethnic group in the city, followed by Chinese (1.7%), Filipinos (0.6%), Japanese (0.5%), Koreans (0.4%), Laotians (0.4%), Hmong (0.2%), and Cambodians (0.1%). A small population of Iu Mien live in Portland. Portland has two Chinatowns, with New Chinatown in the ' Jade District ' along SE 82nd Avenue with Chinese supermarkets, Hong Kong style noodle houses, dim sum , and Vietnamese phở restaurants. With about 12,000 Vietnamese residing in

12672-404: The late 1990s, the Portland area was rated the fourth-least affordable place in the United States to purchase a new home. After 2000, Portland experienced significant growth, with a population rise of over 90,000 between the years 2000 and 2014. The city's increasing reputation for culture established it as a popular city for young people, and it was second only to Louisville, Kentucky , as one of

12804-502: The local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by the U.S. Department of Justice . These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of

12936-451: The lowest daytime high temperature ever recorded was 14 °F (−10 °C) on December 30, 1968. The average window in which freezing temperatures may occur is between November 15 and March 19, allowing a growing season of 240 days. Annual snowfall in Portland is 4.3 inches (10.9 cm), which usually falls between December and March. The city of Portland avoids snow more frequently than its suburbs, due in part to its low elevation and

13068-453: The many bridges that span the Willamette River downtown, several of which are historic landmarks, and Portland has been nicknamed "Bridgetown" for many decades as a result. Three of downtown's most heavily used bridges are more than 100 years old and are designated historic landmarks: Hawthorne Bridge (1910), Steel Bridge (1912), and Broadway Bridge (1913). Portland's newest bridge in the downtown area, Tilikum Crossing , opened in 2015 and

13200-498: The military, and he served as a soldier on the battlefield in the Vietnam War . A close-proximity bombing causes Richard to lose the majority of his hearing, and he is left with permanent tinnitus . Richard returns to Portland, where he enrolls at the university. There, he befriends Mike Stolz, a mercurial alcoholic, and Art Honeyman , a high-IQ writer living with cerebral palsy . Richard and Art become close friends quickly. At

13332-452: The new settlement but lacked the funds to file an official land claim. For 25 cents, Overton agreed to share half of the 640-acre (2.6 km ) site with Asa Lovejoy of Boston . In 1844, Overton sold his remaining half of the claim to Francis W. Pettygrove of Portland, Maine . Both Pettygrove and Lovejoy wished to rename "The Clearing" after their respective hometowns (Lovejoy's being Boston, and Pettygrove's, Portland). This controversy

13464-479: The northeast quadrant of the city continued. Portland's longshoremen racial mix was described as being "lily-white" in the 1960s when the local International Longshore and Warehouse Union declined to represent grain handlers since some were black. Racial Makeup of Portland (2022) Over two-thirds of Oregon's African-American residents live in Portland. As of the 2000 census, three of its high schools (Cleveland, Lincoln and Wilson) were over 70% White, reflecting

13596-587: The northernmost point of the city. It also contains the St. Johns neighborhood, which is historically one of the most ethnically diverse and poorest neighborhoods in the city. Old Town Chinatown is next to the Pearl District in Northwest Portland. In 1890 it was the second largest Chinese community in the United States. In 2017, the crime rate was several times above the city average. This neighborhood has been called Portland's skid row. Southwest Portland

13728-475: The operation of several specified "major bodily functions". The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court's finding that an impairment that substantially limits one major life activity must also limit others to be considered

13860-406: The outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive." The National Federation of Independent Business , an organization that lobbies for small businesses, called the ADA "a disaster for small business". Pro-business conservative commentators joined in opposition, writing that

13992-452: The overall population, while Jefferson High School was 87% non-White. The remaining six schools have a higher number of non-Whites, including Blacks and Asians. Hispanic students average from 3.3% at Wells to 31% at Roosevelt . Portland residents identifying solely as Asian Americans account for 7.1% of the population; an additional 1.8% is partially of Asian heritage. Vietnamese Americans make up 2.2% of Portland's population, and make up

14124-501: The passage of the ADA, the use of captioning has expanded. Entertainment, educational, informational, and training materials are captioned for deaf and hard-of-hearing audiences at the time they are produced and distributed. The Television Decoder Circuitry Act of 1990 requires that all televisions larger than 13 inches sold in the United States after July 1993 have a special built-in decoder that enables viewers to watch closed-captioned programming. The Telecommunications Act of 1996 directs

14256-612: The rapid growth of the Ku Klux Klan , which became very influential in Oregon politics, culminating in the election of Walter M. Pierce as governor. The largest influxes of minority populations occurred during World War II, as the African American population grew by a factor of 10 for wartime work. After World War II, the Vanport flood in 1948 displaced many African Americans. As they resettled, redlining directed

14388-498: The regulation of the internal employment of churches was "... an improper intrusion [of] the federal government." Many companies, corporations, and business groups opposed the Americans with Disabilities Act, arguing that the legislation would impose costs on businesses. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to

14520-552: The report was to recommend the adoption of comprehensive civil rights legislation, which became the ADA. The idea of federal legislation enhancing and extending civil rights legislation to millions of Americans with disabilities gained bipartisan support in late 1988 and early 1989. In early 1989 both Congress and the newly inaugurated Bush White House worked separately, then jointly, to write legislation capable of expanding civil rights without imposing undue harm or costs on those already in compliance with existing rules and laws. Over

14652-480: The requirement is conditioned on whether providing access through a fixed lift is "readily achievable". Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards. However, businesses are free to consider the differences in the application of the rules depending on whether the pool is new or altered, or whether

14784-542: The south. It includes the Lair Hill, Johns Landing and South Waterfront districts and Lewis & Clark College as well as the Riverdale area of unincorporated Multnomah County south of the Portland city limits. In 2018, the city's Bureau of Transportation finalized a plan to transition this part of Portland into South Portland, beginning on May 1, 2020, to reduce confusion by 9-1-1 dispatchers and delivery services. With

14916-495: The south; and the St. Johns Bridge , a Gothic revival suspension bridge built in 1931, to the north. The Glenn L. Jackson Memorial Bridge and the Interstate Bridge provide access from Portland across the Columbia River into Washington state. The Willamette River, which flows north through downtown, serves as the natural boundary between East and West Portland. The denser and earlier-developed west side extends into

15048-413: The sunny warm weather is short-lived, from mid-June to early September. June, July, August and September account for a combined 4.19 inches (106 mm) of total rainfall – only 11% of the 36.91 in (938 mm) of annual precipitation. The warmest month is August, with an average high temperature of 82.3 °F (27.9 °C). Because of its inland location 62 miles (100 km) from

15180-428: The swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions. ADA provides explicit coverage for service animals . Guidelines protect persons with disabilities and indemnify businesses from damages related to granting access to service animals. Businesses are allowed to ask if

15312-468: The timber industry was a major force in the city's early economy. At the turn of the 20th century, the city had a reputation as one of the most dangerous port cities in the world, a hub for organized crime and racketeering . After the city's economy experienced an industrial boom during World War II , its hard-edged reputation began to dissipate. Beginning in the 1960s, it became noted for its growing liberal and progressive political values, earning it

15444-401: The treacherous navigation of the Columbia River. The city had its own Japantown, for one, and the lumber industry also became a prominent economic presence, due to the area's large population of Douglas fir , western hemlock , red cedar , and big leaf maple trees. Portland developed a reputation early in its history as a hard-edged and gritty port town . Some historians have described

15576-452: The two have sex. He is shocked upon finding that Christine is an open relationship with Nikos, but agrees to continue dating her. Upon graduating university, Richard begins a successful career working for an insurance agency. On Art's birthday, Richard takes him out to dinner, but the two are refused service by a waitress and manager, for fear that Art is disturbing other customers. When they protest, Richard and Art are arrested and booked on

15708-619: The two maintain an amicable friendship. In 1990, the Americans with Disabilities Act is signed into congress, and Richard's efforts are recognized. Shortly after, Richard and Art celebrate Art's birthday at the diner where they were once refused service. For preparation of his portrayal of Richard Pimentel , Ron Livingston attended a speaking event Pimentel appeared at in Minnesota , and subsequently spent time with Pimentel in order to accurately portray his mannerisms. Actress Melissa George

15840-444: The year averages 68 °F (20 °C). Spring and fall can bring variable weather including high-pressure ridging that sends temperatures surging above 80 °F (27 °C) and cold fronts that plunge daytime temperatures into the 40s °F (4–9 °C). However, lengthy stretches of overcast days beginning in mid-fall and continuing into mid-spring are most common. Rain often falls as a light drizzle for several consecutive days at

15972-523: The years, key activists and advocates played an important role in lobbying members of the U.S. Congress to develop and pass the ADA, including Justin Whitlock Dart Jr. , Patrisha Wright and others. Wright is known as "the General" for her work in coordinating the campaign to enact the ADA. She is widely considered the main force behind the campaign lobbying for the ADA. Senator Bob Dole

16104-405: Was a supporter and advocate for the bill. Conservative evangelicals opposed the ADA because the legislation protected individuals with HIV, which they associated with homosexuality. The debate over the Americans with Disabilities Act led some religious groups to take opposite positions. The Association of Christian Schools International opposed the ADA in its original form, primarily because

16236-479: Was approximately 2,000 and largely consisted of railroad employees and their families. During the war-time Liberty Ship construction boom, the need for workers drew many Black people to the city. The new influx of Black people settled in specific neighborhoods, such as the Albina district and Vanport . The May 1948 flood which destroyed Vanport eliminated the only integrated neighborhood, and an influx of blacks into

16368-582: Was changed from 0246 SW California St. and the current address of 4310 S Macadam Ave. was converted from 4310 SW Macadam Ave. The new South Portland addressing section was approved by the Portland City Council on June 6, 2018 and is bounded by SW Naito Parkway , SW View Point Terrace and the Tryon Creek State Natural Area to the west, SW Clay Street to the north, the Willamette River to the east, and city limits to

16500-513: Was compelled to act in the film because her father, an Australian, had fought in the Vietnam War , and sustained lifelong tinnitus and partial hearing loss as a result. Director Steven Sawalich's stepfather William F. Austin , the founder of Starkey Hearing Technologies , arranged for George's father to travel from western Australia to the United States and had him fitted with the company's hearing aids. Principal photography of Music Within took place primarily in Portland, Oregon , including

16632-459: Was given up for adoption by his paranoid schizophrenic mother. She later reclaims her son from an orphanage, but his childhood with her as a single mother is turbulent, and he is largely cared for by his maternal grandmother and Chinese-American father, Dell Fong. When Dell dies in an accident at the market he owns, Richard is left in the sole care of his mother, who is institutionalized shortly after. As an adolescent, Richard realizes that he has

16764-450: Was historically comparable to metro Seattle and Salt Lake City, those areas grew more diverse in the late 1990s and 2000s. Portland not only remains White, but migration to Portland is disproportionately White. The Oregon Territory banned African American settlement in 1849. In the 19th century, certain laws allowed the immigration of Chinese laborers but prohibited them from owning property or bringing their families. The early 1920s saw

16896-474: Was its chief sponsor in the Senate. Harkin delivered part of his introduction speech in sign language, saying it was so his deaf brother could understand. President George H. W. Bush , on signing the measure on July 26, 1990, said: I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and

17028-520: Was killed by an opposing one. Local businesses reported losses totaling millions of dollars as the result of vandalism and looting, according to Oregon Public Broadcasting . Some protests caused injury to protesters and police. In July, federal officers were deployed to safeguard federal property; their presence and tactics were criticized by Oregon officials, who demanded they leave, while lawsuits were filed against local and federal law enforcement alleging wrongful actions by them. On May 25, 2021,

17160-559: Was opened in Portland, the predecessor of the 1912 namesake Steel Bridge that survives today. In 1889, Henry Pittock's wife, Georgiana, established the Portland Rose Society. The movement to make Portland a "Rose City" started as the city was preparing for the 1905 Lewis and Clark Centennial Exposition . Portland's access to the Pacific Ocean via the Willamette and Columbia rivers, as well as its easy access to

17292-589: Was released on DVD in North America on April 8, 2008, by MGM Home Entertainment . A Blu-ray was released in Germany in 2013 by Universum Film GmbH. Portland, Oregon Portland ( / ˈ p ɔːr t l ə n d / PORT -lənd ) is the most populous city in the U.S. state of Oregon , located in the Pacific Northwest region. Situated in the northwestern area of the state at

17424-544: Was settled with a coin toss that Pettygrove won in a series of two out of three tosses, thereby providing Portland with its namesake. The coin used for this decision, now known as the Portland Penny , is on display in the headquarters of the Oregon Historical Society . At the time of its incorporation on February 8, 1851, Portland had over 800 inhabitants, a steam sawmill, a log cabin hotel, and

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