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Brian Harrod
Works at Roundup Media - A network of hyper local news blogs
Attended Fordham University
Lives in Greenwich, CT
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Brian Harrod

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Lessons Learned From the Latest List of Equal Employment Opportunity Commission Settlements

Several recent settlements between the United States Equal Employment Opportunity Commission (“EEOC”) and employers in Pennsylvania underscore the importance of proper policies and procedures in the context of the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and Title VII of the Civil Rights Act of 1964 (“Title VII”). While neither the court nor a jury of fact-finders reached the merits of the following cases, the alleged facts and claims—and disclosed settlement amounts—remind employers to review policies and procedures to ensure that employers are compliant with the law and following best practices in their industry as to employment-related decisions.

ADA: An action was recently instituted in the United States District Court for the Middle District of Pennsylvania by Plaintiff, the EEOC, against a trucking company, alleging disability discrimination under the ADA. The EEOC alleged that since 2009, the company had violated the ADA and discriminated on the basis of disability. The EEOC claimed that the company discriminated by, inter alia, administering an overbroad physical qualification standard for applicants and employees entering positions involving the operation of powered industrial trucks (“PITs”), such as forklifts, clamp trucks, and lift trucks, that is not job-related or consistent with business necessity, and failing to conduct individualized assessments of applicants’ or employees’ ability to operate PITs and/or consider accommodations that, if needed, would enable the individual to do so. The EEOC also alleged that the company violated the ADA by administering unlawful medical exams or inquiries as part of its physical qualification standard.

A settlement agreement was reached between the parties on January 25, 2016, for $180,000.

What You Need to Know: Under the ADA, an employer’s ability to make disability-related inquiries or require medical examinations is analyzed in three stages: pre-offer, post-offer, and during employment. At the first stage (prior to an offer of employment), the ADA prohibits all disability-related inquiries and medical examinations, even if they are related to the job. At the second stage (after an applicant is given a conditional job offer, but before s/he starts work), an employer may make disability-related inquiries and conduct medical examinations, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category. At the third stage (after employment begins), an employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity. What this case underscores for the employer is the importance of not making disability-related inquiries and medical examinations at the pre-offer stage of employment, even if they are related to the job.

ADEA: An action was instituted in the United States District Court for the Eastern District of Pennsylvania by Plaintiff, the EEOC, against a fast-food company, alleging age discrimination under the ADEA. In this action, the Commission alleged that the company violated the ADEA and discriminated on the basis of age by requiring job applicants to provide age or date of birth, telling certain applicants that they are “too old” for the position after the applicants disclosed their age, and not hiring these applicants because of their age.
A settlement agreement was reached between the parties on January 20, 2016, for $36,000.

What You Need to Know: A request on the part of an employer for information such as age or date of birth on an employment application form is not, in itself, a violation of the ADEA. However, because the request that an applicant state his or her age may tend to deter older applicants or otherwise indicate discrimination against older individuals, employment application forms that request such information are closely scrutinized. What this case underscores for the employer is that if you require job applicants to provide age or date of birth, be certain that the request is for a permissible purpose and not for purposes prohibited by the ADEA. If you do request that a job applicant provide his or her age or date of birth, it would also be prudent to indicate that the purpose is not one prohibited by the statute by indicating on the application the following statutory prohibition language:

“The Age Discrimination in Employment Act of 1967 prohibits discrimination on the basis of age with respect to individuals who are at least 40 years of age, or by other means. The term ‘employment applications,’ refers to all written inquiries about employment or applications for employment or promotion including, but not limited to, résumés or other summaries of the applicant’s background. It relates not only to written pre-employment inquiries, but to inquiries by employees concerning terms, conditions, or privileges of employment as specified in section 4 of the Act.”

Title VII: An action was instituted in the United States District Court for the Southern District of West Virginia by Plaintiff, the EEOC, against an energy company, alleging national origin discrimination under Title VII. Even though the company is located in West Virginia, the EEOC District Office, which pursued this case, was the Philadelphia District Office, which oversees Pennsylvania, Maryland, Delaware, West Virginia, parts of New Jersey, and Ohio.

In this action, the EEOC alleged that a mine foreman was subjected to pervasive national origin discrimination when supervisory and non-supervisory personnel made degrading comments based on his Polish ancestry, such as “stupid Polack.” The EEOC further alleged that the foreman was retaliated against when he was disciplined and ultimately fired from employment after he made a good-faith complaint of discrimination.

A settlement agreement was reached between the parties on January 19, 2016, for $62,500.

What You Need to Know: Federal discrimination laws prohibit retaliation against individuals who oppose practices made unlawful by those statutes, including Title VII. To succeed in a retaliation claim, employees generally must establish (1) that they engaged in a protected activity (such as making a good-faith complaint about the discrimination); (2) that they suffered an adverse employment action (such as unfair discipline or termination); and (3) that there is an underlying connection between the protected activity and the adverse action. Retaliation claims often crop up when an employee is subjected to an adverse employment action after being engaged in a protected activity. In particular, disciplinary action raises a red flag if it follows too closely in time to an employee’s protected activity. What this case underscores for the employer is the importance of having a workplace anti-discrimination and no-retaliation policy, harassment complaint and investigation procedures, and policies and procedures related to notice-posting, record-keeping, training, reporting, and other requirements. If your establishment does not have such policies and procedures, create and implement one immediately.

Additionally, consider the following in order to protect against claims of retaliation:

Make sure the employee has foreknowledge of the possible or probable disciplinary consequences of his or her conduct. This is usually accomplished by providing the employee with an employee handbook, which includes rules of conduct and discipline.
Before administering the discipline, make an effort to discover whether the employee did in fact violate the rules and policies (e.g., conduct an investigation).
When disciplining or otherwise taking an adverse employment action, make sure that managers follow your discipline procedures fairly and consistently. Managers should not appear to target anyone who has made a discrimination claim or participated in a protected activity.
Document discipline or adverse employment decisions to show the nondiscriminatory reasons for the actions. You should provide an accurate accounting of any and all non-discriminatory reasons for the decision as well as any steps taken prior to the adverse action (such as counseling sessions and warnings to improve).
Review disciplinary actions before implementing them. In particular, consider the timing of the discipline to the protected activity, the degree of the discipline administered (e.g., is it reasonably related to the seriousness of the proven offense?), compliance with your establishment’s disciplinary procedures, etc.
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Ryan: 'I Do Not Want Nor Will I Accept the Nomination'

House Speaker Paul Ryan sought to put an end to speculation that he could end up being the Republican 2016 candidate. "Count me out," Ryan said. "I simply believe that if you want to be the nominee, to be the president, you should actually run for it. I chose not to. Therefore, I should not be considered. Period." Last year Ryan had also said he would not seek to become speaker of the House but later agreed to the position. "Apples and oranges," Ryan said when asked about his turnabout last year. "Being speaker of the house is a far cry from being President of the United States."
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He said the same thing about House Leadership 
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California School District Allows Teachers to Arm Up

Kingsburg High School District in California voted Monday to allow some staff to carry guns during the school day to help protect students and staff in the case of an active shooter. The district is the second in California to allow guns at schools. At least seven other states have schools that allow guns in some form, according to the Council of State Governments Justice Center. In 2013, at least 33 states introduced more than 80 bills related to arming teachers and school staff.

Mary Lou Swenning, who has grandchildren attending the district, said, "Now we're going to add something else for teachers to think about? Shooting people, really? That's a difficult thing for a police officer to do who's been trained to do this, and you have a split second to decide if you should kill this person or not. I wouldn't want that responsibility, and I wouldn't want it for our teachers."
Kingsburg Joint Union High School District will allow teachers to carry guns on campus. The school board on Monday unanimously approved a new policy that allows up to five district employees – designated by the superintendent – to carry a concealed firearm on school grounds. Critics called the measure extreme.
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Obama Forgiving Student Loans of Nearly 400,000

Hundreds of thousands of student loan borrowers will now have an easier path to getting their loans discharged, the Obama administration announced Tuesday. The Department of Education will send letters to 387,000 people they've identified as being eligible for a total and permanent disability discharge, a designation that allows federal student loan borrowers who can't work because of a disability to have their loans forgiven. "Americans with disabilities have a right to student loan relief," said Ted Mitchell, the undersecretary of education.

About 179,000 of the borrowers are in default on their student loans, and of that group more than 100,000 are at risk of having their tax refunds or Social Security checks garnished to pay off the debt.

Often borrowers losing out on these benefits aren't even aware that they're eligible for a disability discharge, said Persis Yu, director of the Student Loan Borrower Assistance Project at the National Consumer Law Center.
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New Pressure on Obama Admin to Release 9/11 Info

Pressure is building on the Obama administration to release information about the 9/11 attacks that has been kept from the public for well over a decade. New York Senator Kirsten Gillibrand has read the 28 pages that have been locked in a vault under the Capitol for 13 years. She said the 9/11 families she represents deserve to read them too -- before the president travels to the Middle East next week. "If the president is going to meet with the Saudi Arabian leadership and the royal family they think it would be appropriate that this document be released before the president makes that trip, so that they can talk about whatever issues are in that document," Gillibrand said. Steve Kroft, for 60-Minutes, interviewed former Senator Bob Graham, who co-chaired the joint congressional inquiry. He said the classified pages lay out a network of people he believes helped some of the hijackers find housing and enroll in flight school.

News Story:

Related Video:
Pressure is building on the Obama administration to release information about the 9/11 attacks that has been kept from the public for well over a decade. Steve Kroft broke the story on Sunday's "60 Minutes," and the response has been swift. Nancy Cordes reports.
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Every Presidential Candidate Should Release Tax Returns

Ruth Marcus, Washington Post: Politicians like to bet that reporters and their pesky questions will go away. Too often, they're right. Thus, the drumbeat of demands for Donald Trump's tax returns faded after he waved it all away with claims that a pending audit prevented the transparency he would otherwise be delighted to provide. ... Trump is, by far, the greatest offender here and, in this area at least, Clinton the avatar of full disclosure. Ted Cruz, John Kasich and Bernie Sanders have claimed transparency but released only the initial, summary pages of their tax returns. This dodge ... obscures all sorts of potentially significant information, from amounts and details about charitable giving to precise sources of income to their use of various tax shelters. Voters should not be misled by this phony forthcomingness. Would they accept a president who provided a similarly flimsy summary?

Although an audit for a taxpayer of Trump's magnitude and complexity is not evidence of tax mischief, if anything, it argues for more transparency, not less.

Trump says there was no "net" deficiency. Were there dodges that the IRS disallowed? Aren't voters entitled to know about those? Richard Nixon, of all people, released his tax returns -- in the midst of an IRS audit, while he was president. (He owed nearly a half-million dollars in taxes and interest.)

Next Tax Day will see a new president in the White House. Will it be the first in decades in which the president won't be straight with fellow taxpayers?
Will Tax Day 2017 be the first in decades in which the president won’t be straight with fellow taxpayers?
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Silicon Valley Targets Smart Guns

Experts believe that soon Americans will be more likely to be shot to death than die in an automobile-related accident. (In 2014 firearms killed 33,000. That same year, 32,675 died in car wrecks) Newsweek writes about Silicon Valley's answer to U.S. gun violence: perfect user-authenticated firearms. The technology allows only the owner of a gun to pull the trigger. But the biggest road block to the widespread use of smart guns is politics. "The gun companies have chosen to sit on their asses and not innovate," said Ron Conway, a billionaire investing in the technology. "Silicon Valley is coming to their rescue."
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Commenters More Abusive to Women, Non-Whites

The Guardian has studied the 70 million reader comments posted on its site: "New research into our own comment threads provides the first quantitative evidence for what female journalists have long suspected: that articles written by women attract more abuse and dismissive trolling than those written by men, regardless of what the article is about. Although the majority of our regular opinion writers are white men, we found that those who experienced the highest levels of abuse and dismissive trolling were not. The 10 regular writers who got the most abuse were eight women (four white and four non-white) and two black men. Two of the women and one of the men were gay. And of the eight women in the 'top 10,' one was Muslim and one Jewish. And the 10 regular writers who got the least abuse? All men."

The Guardian has already taken the decision to cut down the number of places where comments are open on stories relating to a few particularly contentious subjects, such as migration and race. This allows moderators to keep a closer watch on conversations that we know are more likely to attract abuse.

However, unlike many news sites, the Guardian has no plans to close comments altogether. For the most part, Guardian readers enrich the journalism. Only 2% of comments are blocked (a further 2% are deleted because they are spam or replies to blocked comments); the majority are respectful and many are wonderful. A good comment thread is a joy to read -- and more common than the "don't read the comments" detractors believe.
As part of a series into the rising global phenomenon of online harassment, the Guardian commissioned research into the 70m comments left on its site since 2006 and discovered that of the ten most abused writers eight are women, and the two men are black
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Waldman: Republicans Know Hillary Won't Be Indicted

Paul Waldman, Washington Post: For the most part, the [Hillary] Clinton email story has been a disappointment to Republicans. They were desperately hoping that the emails would reveal some kind of ghastly malfeasance on Clinton's part, some smoking gun that would make all Americans realize that she should never be elected president. When that turned out not to be the case, they pinned their hopes on the idea that she would just have to be charged with a crime eventually. I have no doubt that people like Will and Rove now understand that that isn't going to happen either. But having gone this far, they need to keep up appearances, and they also know that just talking about her emails serves to convince people that something scandalous must have happened. So they are laying the groundwork to argue, if and when she doesn't get indicted, that it must only be because Barack Obama's corrupt administration quashed the investigation and hid the truth from the public.
The idea of her being led away in handcuffs is just too tantalizing to give up.
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Hillary, De Blasio Under Fire for 'CP Time' Joke

A comic gag by Hillary Clinton and New York Mayor Bill de Blasio at an annual satirical event triggered a social media storm over perceived insensitivity to African-Americans.

Clinton and de Blasio took the stage on Saturday at the Inner Circle, a media roast of politicians that traditionally ends with New York's mayor delivering a snarky rebuttal in the form of a rehearsed skit, often with the help of Broadway cast members.

This year Leslie Odom Jr., who is black and plays Aaron Burr in the hit Broadway show Hamilton, participated in the planned joke. In the skit, Clinton kidded de Blasio about his delay in endorsing her bid for the White House.

"Sorry, Hillary, I was running on C.P. Time," de Blasio said, referring to the phrase "colored people time" used to indicate chronic lateness.

"I don't like jokes like that," Odom said.

Clinton then added: "'Cautious politician time.' I've been there."

The joke quickly led to an angry reaction on social media, with commentators criticizing Clinton and de Blasio for being insensitive to black people. De Blasio's wife, Chirlane McCray, is African-American.
A comic gag turned into a gaffe for Democratic presidential hopeful Hillary Clinton and New York Mayor Bill de Blasio, triggering a social media storm that raged through Tuesday over what some said was their insensitivity to African-Americans.
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I am on the Drone Kill List

Malik Jalal: I am in the strange position of knowing that I am on the "Kill List." I know this because I have been told, and I know because I have been targeted for death over and over again ... I took to the habit of sleeping under the trees, well above my home, to avoid acting as a magnet of death for my whole family. But one night my youngest son, Hilal (then aged six), followed me out to the mountainside. He said that he, too, feared the droning engines at night. I tried to comfort him. I said that drones wouldn't target children, but Hilal refused to believe me. He said that missiles had often killed children. It was then that I knew that I could not let them go on living like this ... I am in England this week because I decided that if Westerners wanted to kill me without bothering to come to speak with me first, perhaps I should come to speak to them instead.

In January 2010, I lent my vehicle to my nephew, Salimullah, to drive to Deegan for an oil change and to have one of the tires checked. Rumors had surfaced that drones were targeting particular vehicles, and tracking particular phone signals. The sky was clear and there were drones circling overhead.

As Salimullah conversed with the mechanic, a second vehicle pulled up next to mine. There were four men inside, just local chromite miners. A missile destroyed both vehicles, killed all four men, and seriously injured Salimullah, who spent the next 31 days in hospital.

Upon reflection, because the drones target the vehicles of people they want to kill in Waziristan, I was worried that they were aiming for me.
I am in the strange position of knowing that I am on the ‘Kill List’. I know this because I have been told, and I know because I have been targeted for death over and over again. Four times missiles have been fired at me. I am extraordinarily fortunate to be alive.
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'Affluenza' Teen Gets 2 Years for Violating Parole

Ethan Couch, the affluenza teen was sentenced to nearly two years in jail Wednesday, 180 days for each parole violation relating to a 2013 drunken driving crash that killed four people. But the judge also said he would hear arguments in two weeks to determine if he should reconsider the sentence. During Couch's 2013 trial concerning the four deaths, a witness testified he didn't know right from wrong due his wealthy upbringing, hence dubbing Couch the affluenza teen. After being released on probation, a video was brought to officials attention that appeared to show someone who looks like Couch at a beer-pong party. Couch and his mother fled to Mexico but were found by authorities and returned to the U.S. Couch has been in jail since his return. "I do believe Ethan Couch is not the same person he was when he came to jail," a jail official told the Fort Worth Star-Telegram . "This time he's spent, it's a rude awakening for anyone."

Video a young man paralyzed by the 2013 Ethan Couch drunk driving wreck.
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  • Fordham University
  • State University of New York at Purchase
  • Schenectady County Community College
  • New York State GED
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Old Internet News Group Screen Names - AnonyMouse, CaptainKoolaid, FloppyDisk, GateCrasher, MisterX, TheMidnightSoaker,, TheStampaholic, UNoMeWell
Citizen journalist by day and a janitor by night (AKA "participatory", "guerrilla" or "street journalist")
Why, hello. Didn't see you come in, there. Welcome to my Google+ page. It's like my Facebook page, but with less blue.  

Just to get better acquainted, here are a few things about me. But I am legally required to provide you with this disclaimer....

Warning: I post and share alot! But everything I post or share is guaranteed to be interesting, intriguing, thought-provoking, or inspiring!

I'm an awsome geek, online journalist, husband, son, brother, friend, reader, animal  lover, community volunteer, i
nsomniac, trool, social media experimenter, hacker, searcher, sociological voyeur and eater of food. 

I like community theater and have often volunteered back stage in the past, but I have never been in a  performance..

Have been a fighter and survivor from day one. I was a breached baby who had his head crushed by a doctor using a head clamp to deliver me into this world. I have no right eye and the left eye is crossed, because of this.

Was raised by a single mother who worked two jobs to support my sister and myself. From the age of nine until my teenage years I watched and raised my younger sister, while my mother worked two jobs. In the middle of the ninth grade I left school to work.

Eventually, I took to traveling from town to town, I went from Florida, Texas, California, through the Midwest and eventually settled in New York / Connecticut.

Love to connecting with folks with similar interests and meeting new people. 
I also enjoy learning anything I can, because you can never have enough knowledge. 

Internet Connoisseur, who is working on several website projects. I maintain and have archived several internet newsgroups. In the late 90's I founded All Nations Stamp Club, which was the largest hobby newsgroup at MSN groups.

Have a taste for non pop music.

Enjoy volunteering and have spent some time volunteering at food and homeless programs. I also have been involved in community programs like the 
Jaycees, the Elks and kiwanis.

Have worked as an election official and have held public office on the municipal level. I have spoken out at many public meetings about waste and wrong doing. This has brought me some trouble at times.

Because, I am self employed small business man I pretty much work 7 days a week. I don't take vacations and work on some holidays.

I have a beautiful Korean wife and two adopted children who are now grown men. The oldest son works in Indiana. The younger son is a Sargent in the army reserves and a student at the University of Arizona.

A few years back, I became a Christian and volunteer at the coffee bar for all four weekend services at Harvest Time Church in Greenwich, CT.

I cry easily when people are wronged.

Some of my favorite sayings are:

"If you can't be a shining example, be the horrible warning!"

I have a backup plan to back up my backup plan."
Bragging rights
I am a citizen Journalist, who posts daily odd ball and political news. I'm passionate about news, media, technology, social media, innovation in journalism. It has been said that I report on none of the news you need - and strangely have all of the news you want. Plus I am a Youtube and coffee junkie who should go to rehab.
Citizen Journalist, Janitor, and Hacker (in that order) Being Brian Harrod is a job sometimes. I use blogs to report on hyper local news stories and social networking sites to editorialize in national news stories. Other times I am a self employed owner of a janitorial services firm and a former owner of retail stores. I will soon be opening a new store with my wife. Disclaimer: The views expressed by me are mine (all mine!) and are also the views of my employer since I am self employed. So there.
  • Roundup Media - A network of hyper local news blogs
    Owner / Operator - Internet Media Firm (Under Development) Old Greenwich, CT, 2004 - present
  • Advanced Building Maintenance
    Owner / Operator - Building Service Contractor - White Plains, NY And Greenwich, CT, 1990 - present
  • Free USA Stamps
    Founder - Nonprofit For Beginning Stamp Collectors (Over 1 Million Stamps Given Away) Old Greenwich, CT, 2001 - 2016
  • Byram Floral Shop
    Owner / Operator - Floral And Gift Shop - Greenwich, CT, 2004 - 2008
  • Secret Garden Design
    Owner / Operator - Floral And Gift Shop - Pound Ridge, NY, 2001 - 2004
  • Family Discount Center
    Owner / Operator - Variety Store - Stamford, CT, 1998 - 2001
  • Yon's Gift Shop
    Owner / Operator - Gift Shop - Stamford, CT, 1997 - 1998
  • Harrison Stationary And Gift
    Owner / Operator - Gift Shop - Harrison, NY, 1996 - 1996
  • Rye Free Reading Room
    Assistant Building Manager (Evenings And Weekends) Rye, NY, 1988 - 1993
  • Rye YMCA
    Director of Buildings and Grounds - Rye New York, 1988 - 1991
  • Grace Church Community Center
    Weekend Manager - Homless Family Shelter - White Plains, NY, 1986 - 1988
  • Westchester Association Retarded Citizens
    Client Coordinator - Sheltered Workshop - White Plains, NY, 1984 - 1987
  • First Security
    Corporate Security Officer / Supervisor - White Plains, NY, 1983 - 1986
  • J.C. Penney
    Store Detective - Loss Prevention Officer - White Plains, NY, 1983 - 1985
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Greenwich, CT
Greenwich, CT - Albany, NY - Syracuse, NY - Rochester, NY - Erie, PA - Mansfield OH - Terre Haute, IN - Spingfield, IL - Chicago, IL - Springfield, MO - Key West, FL - Little Rock, AR - Kansas City, MO - Plano, TX - Los Angeles, CA -
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Iraq Vet Dies Trying to Protect Buffet Ice Cream Machine from Obese Woman. According to official reports, Rodriguez, a non-US citizen who se

Poor support and I lost domains that I ordered through them. It is better to find another host for your wordpress blog. Their arbitrary can have all of your work wiped out. If you are a business you can actually use your domain when things go wrong with them.
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On the second visit I noticed from the parking lot that cooks are preparing food in the open air behind the restaurant while smoking heavily. Looking over the counter into the kitchen it is easy to see it is not the cleanest place around. I decide to try another place. Most don't see the sanitary conditions, because many orders are delivered.
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