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  #1 (permalink)  
Old March 10th, 2005, 08:36 PM
bigstem
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Default Glory Class Action Suit

To those passengers that cruised on Carnival Glory February 19-26 2005, there is a class action suit under way. The attorney to contact is ****Deleted advertising*** in Greenwich, CT. Don't give up!

**If you want to know who this supposedly is, contact the poster, advertising and soliciting is not allowed on the boards**
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Old March 11th, 2005, 12:10 AM
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Default Re: Glory Class Action Suit

Hi,
I would love to know this information. I don't believe giving a name of a lawyer that is involved in a case that all of us are involved in is advertising. I don't know why the name was deleted. None of the other names have been deleted (CEO of Carnival etc.). And still they claim that there is no affiliation with Carnival...

You can email me with the lawyers info
cannon_lori@hotmail.com

Thank you!!!!!
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Old March 11th, 2005, 06:02 AM
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Default Re: Glory Class Action Suit

While I don't have any opinion on whether or not you decide on a class action suit against Carnival, I posted the following on the CARNIVAL thread by Frustrated. I'm not sure how many of you saw it so I'm posting it again. No matter who the attorney is, please ask a lot of questions before you sign on the dotted line. I've worked in the legal field for over 20 years and thought I would share a little legal procedure.

There are two ways lawyers charge: by the hour plus expenses and on a contingency fee plus expenses. Where I live the hourly rate ranges from $150/hr to $350/hr. For a contingency fee, if the attorney beleives that he will be able to win the case he (or she) will charge a contingency fee of 25%-35% and if he or she is doubtful of the outcome it will be 40%-50%

Out of pocket expenses are charged under both types of billing. In contingency fee cases I've seen lawyers charge for paper, supplies, long distance telephone calls, secretarial fees, etc. not to mention deposition fees, expert witness fees and on and on...Keep this in mind before you decide to join any class action suits. You will most likely be asked for money up front to defray the expenses and when it runs out you will be asked for more. If you can't come up with more, you can be dropped from the suit. Expert witness fees can run $5000-$20000, plus expenses such as airfare, hotels and meals, for a day of testimony, depending on the expert. All of the expenses can run up into thousands of dollars, and remember, even it you lose, you pay them. I once worked on a product liability case where the gentleman spent over $40,000 in expenses and lost his case. If you win, right off the top you will pay your attorney whatever his fee is, any remaining expenses that haven't been paid, before the money filters down to you.

Say you win and your damages are the cost of your cruise. You will be reimbursed the cost of your cruise, less what your lawyer charges and less expenses. You could wind up in the hole.

Interview several attorneys before making a decision. If you talk to 4 and 3 tell you that you don't have a snowballs chance in ....... you'll have a pretty good idea of what kind of case you have and should make a decision based on that.

I have no ax to grind either way and just want to make sure all you all know what's involved before making a decision on what to do.

Darcy

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Old March 11th, 2005, 06:45 AM
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Default Re: Glory Class Action Suit

What happened that you will file a law suit ?
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Old March 11th, 2005, 02:58 PM
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Default Re: Glory Class Action Suit

The reason is simple, a poster came to this website soliciting others to call a certain individual for business reasons and this person will make money off those that respond. That is advertising and that is not allowed. It is the same as if they said call Joe Blow at such and such a number to apply for a grant for only a certain percentage. Not allowed period.
Jim

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Old March 11th, 2005, 06:45 PM
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Default Re: Glory Class Action Suit

Nicely put Jim, always so friendly
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Old March 11th, 2005, 10:40 PM
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Default Re: Glory Class Action Suit

Either way it's a solicitation. I take lots of contingency cases and would be glad to get free advertising like that!
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Old March 11th, 2005, 10:52 PM
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Default Re: Glory Class Action Suit

Don't see advertising there, just information. I mean, if there is a lawsut against Carnival then that is just telling the name of the lawyer. No more advertising than this:

person 1: Does ****Deleted advertising*** cruise lines have ****Deleted advertising*** available? i just love ****Deleted advertising*** !!!

person 2: Yes, ****Deleted advertising*** , does have ****Deleted advertising*** at all the bars!

person 1: Thanks! I'm happy to PAY MONEY for ****Deleted advertising*** .



I don't see any difference. This is just information, just like what you censored ... something ****Deleted advertising*** cruise lines will make MONEY off of! Oh no!


Serious question, can we comment on things that cruise lines (a business) "make money" off of? But not other businesses . . . not advertising, talking about.
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Old March 11th, 2005, 11:01 PM
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Default Re: Glory Class Action Suit

The purpose of the site is to discuss cruising. I suggest you all read the User Agreement.

By using the site you are agreeing to abide by the Terms Of Service established for it by it's owner's.

http://www.cruisemates.com/articles/...index.cfm#user

If those terms don't suit you, don't post!

If you think you can continue to whine and complain about how the site is operated, you'll find out that is NOT allowed either. It is a privately owned site, and you're guests.

Suggest everyone start acting like guests, with some respect for the forum it provides, or move on!

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Old March 11th, 2005, 11:09 PM
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Default Re: Glory Class Action Suit

Never violated the TOS.

"The purpose of the site is to discuss cruising" The chitchat board fooled me.

I'm not "whining", I'm demonstrating. Big difference.

I'll respect the forum when the forum respects me!

"Move on" seems to be a mantra. Sigh.
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Old March 11th, 2005, 11:39 PM
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Default Re: Re: Glory Class Action Suit

Author: Ciaran (dialup-4.250.27.24.Dial1.Weehawken1.Level3.net)
Date: 03-11-05 23:09
I'll respect the forum when the forum respects me!



When these "glory posts" began I was quite supportive and POSTED that I felt the compensation being offered by Carnival was inadequate. That they should take more responsibility for the mechanical breakdown. As did other posters.

However, when several of the glory passengers insisted on turning these threads into a slugfest, being rude to anyone who disagreed with them, that crossed the line.

You are all guests here! And should appreciate having a place to post your opinions and share the information. However, some think they have the right to determine how the site is run. That's not the case! It is indeed a privately operated site, with it's own rules and regulations.

And yes.. if you can't post and live using those rules and regulations.. move on, and see if there's any site that has a more liberal policy.

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Old March 12th, 2005, 05:43 AM
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Default Re: Glory Class Action Suit

familycruiser:

Your statement "Maybe the attorney is taking this on a contingency basis, in which case they won't charge the client anything unless they win." is not entirely correct. While the attorney will not charge his fee unless he or she wins, expenses are charged and usually paid up front. Most attorneys will not take money out of their pocket to pay client expenses. These expenses can include court filing fees, travel, long distance calls, secretarial time, paper, photocopying, expert witness fees, etc. Beleive me, I've seen a lot of things called "expenses" over the years.

Just my 2 cents.

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  #13 (permalink)  
Old March 12th, 2005, 07:17 AM
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Default Re: Glory Class Action Suit

For all those interested in contacting the deleted attorney who is handling this case send me an email and I will forward you the details. I warn you not to get caught up in what others are saying about, payment or advertisement, they are only assurming thier statements. You have an opportunity to get this information first hand. I strongly suggest you investigate this option. Good Luck and above all Dont Give Up!

Donna
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  #14 (permalink)  
Old March 12th, 2005, 08:49 AM
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Default Re: Glory Class Action Suit

Information on the Ecstasy that also had "mechanical problems". CCL looks to be stepping up to the plate with the Ecstasy bu not on the Glory. Perhaps Moose and Squirrel can explain to the passengers of the Glory why the refunds are so different.

Author: Ran (---.83.59.246.nw.nuvox.net)
Date: 03-11-05 18:11

IMPORTANT NOTICE
ECSTASY MARCH 12, 2005 DEPARTURE


March 11, 2005
Dear Carnival Guest,

We want to provide you with information about the status of tomorrow’s sailing. We have been experiencing problems with the ship’s propulsion system. We have brought special technicians aboard to assist our onboard technical team in making the required repairs. Please understand that this problem is only impacting the ship’s cruising speed and all other systems and hotel services are operating normally.

Since we have not yet completed the repair, we think it is unlikely that the ship will be able to operate its scheduled itinerary. However, should the problem be fixed in time, and the ship be able to operate at normal cruising speeds, we will proceed to Cozumel and Calica as originally planned.

Should we be unable to provide the normal itinerary and require a modified itinerary to include one Mexican port of call (Progreso, Calica or Cozumel) we will provide the following compensation:

1. 25% refund of the cruise fare paid for this cruise. We will process this refund within two weeks.
2. 25% discount on a future 3 to 8 day Carnival cruise. This discount will be available on departures through December 15, 2006 (Christmas and New Years cruises are excluded). Please understand that this offer is non-transferable.

Should we be unable to reach a port of call on this sailing, we will provide the following compensation:

1. 50% refund of the cruise fare paid for this cruise. We will process this refund within two weeks.
2. 25% discount on a future 3 to 8 day Carnival cruise. This discount will be available on departures through December 15, 2006 (Christmas and New Years cruises are excluded). Please understand that this offer is non-transferable.

To take advantage of this offer of the future cruise discount, you should make your reservations in the normal manner. After the booking is made, please contact our Reservation Administration - Research Department and they will adjust the booking to reflect the special discount.

Should you elect to cancel, you may receive a full refund or future cruise credit.

We sincerely apologize for the possible itinerary change that may be required for this cruise. Rest assured that we will do everything possible to provide you with a great cruise experience.

Sincerely,

Vicky L. Freed, CTC
Senior Vice President - Sales and Marketing
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Old March 12th, 2005, 09:41 AM
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Default Re: Re: Glory Class Action Suit

I think a significant difference is the timing of the mechanical problems. As I understand it (was not there, so I am relying on third party information), the Ecstasy issues arose before the ship set sail. The Glory problems were encountered during the cruise and resulted in diversion to alternate ports. The Glory departed and returned per schedule, unlike the Ecstasy.

Similar, but not identical.
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Old March 12th, 2005, 10:39 AM
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Default Re: Glory Class Action Suit

The incidents were similar .. because both ships had propulsion problems.

The Ecstasy letter was produced the day BEFORE the ship was to sail, and they gave passengers the option of going on the cruise, or receiving a full refund, and not going on the cruise.

The other difference was that the ports of call weren't being changed to visit other ports of call, they would be cancelled entirely.

That said... I think Carnival should offer the Glory passengers similar compensation.

From the very first post on this incident I stated the because it was a mechanical problem Carnival bore more responsibility. And that their cruise contract leaves the passengers taking all the risk, and that wasn't really fair.

In all the "in your face" yelling and rhanting by some of the Glory passengers posting on this thread, some have simply lost sight of the real issue of getting fair compensation in favor of simply expressing rage at anyone and everyone.

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Old March 12th, 2005, 11:14 AM
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Default Re: Glory Class Action Suit

It is also very impolite and frankly wrong to take some else's post and cross post it to another thread. Ran would be allowed to say this but you should not crosspost what Ran has said. It is very improper use of the Internet according to accepted rules. The letter Ran refers to was concerning the Ecstasy and not the Glory and are from two entirely differant incidents on two entirely differant ships and this letter was produced before the ship sailed.
Jim



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  #18 (permalink)  
Old March 12th, 2005, 11:57 AM
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Default Re: Glory Class Action Suit

Please email us the name and address of this Attorney!
Thanks
Duane and Carol Miller



cdmiller@usol.com
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  #19 (permalink)  
Old March 12th, 2005, 12:02 PM
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Default Re: Glory Class Action Suit


Please e-mail me this info. Thanks
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Old March 12th, 2005, 04:55 PM
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Default Re: Glory Class Action Suit

What should Jim stop? Stop doing his job? I don't think so. Like he has stated, we only have these boards because of people like he, Paul, Kuki, etc. They are private boards and there are rules to follow. If you want to post, then post using the TOS. If you don't like the rules, then you should start your own cruise boards where you can make your own rules. I, along with many others, thank Jim et al for doing a good job of keeping this place clean and informative for cruising not for suing, ranting or name calling. The exchange of info for a class action suit should be done privately thru emails not on these boards. This is my first post after many weeks of reading about the unfortuate Glory cruise and while I feel sorry for everyone, I truly do, I also know, by reading my contract that there is no guarantee of itineraries. I also know by reading my contract that I have the option of using Carnivals Vacation Guarantee if I am unhappy. I'm sure any maintenance person can tell you that even if Carnival had repaired the problem before the 2/19 sailing it could have broken down the next day again. It happens. Sorry.

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  #21 (permalink)  
Old March 12th, 2005, 05:00 PM
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Default Re: Glory Class Action Suit

No, I just don't understand why he has to be so sarcastic. Half of the negative posts on these boards have been in retaliation to Jim's (and a few others) sarcastic comments. There is no need to be that way. Why someone would choose to further upset someone that they know is already upset escapes me.

Anyway, in terms of the guarantee, a few used it, the rest were denied because there were no flights.
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Old March 12th, 2005, 05:57 PM
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Default Re: Glory Class Action Suit

I am not being sarcastic at all. I just try to step outside the emotions and regulate the boards in the manner that follows the TOS and gives everyone equal rights. I guess if you have made up your mind that I am being sarcastic to everyone then you will see that. Sorry you feel this way but I assure you that it is not my intent.
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Old March 12th, 2005, 05:58 PM
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Default Re: Glory Class Action Suit

Well said Lori!

I can personally speak to Carnival's Satisfaction Guarantee and this is my bone of contention with the company. Three hours after learning of the problems while we were still in port in Nassau, my husband and choose to take advantage of the guarantee. We began the the process at the Purser's desk when they found out that we were a family of seven, my husband, myself and our 5 sons. They did alot of talking amongst themselves, mainly behind the wall at the desk. In the end a supervisior(dressed in a white suit) came to the desk and informed us that there were no flights that evening that could accomodate our family, she went on and said perhaps the next day we could get out. However, we would be finanially responsible for hotel arrangements. Now that was a huge risk to take. We asked that our concerns about the guarantee be put on record with the company at that time and this did occur and we received a letter with a registration number. We have yet to get a response from CCL despite the onboard request and the certified letter we wrote to them upon our return. How wrong is this?
How can anyone disagree with us?

Donna T
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Old March 12th, 2005, 06:06 PM
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Default Re: Glory Class Action Suit

while you are giving the sheister you name, also give to him your heirs name and #s
this sounds like lawyer trying to revive his expense acct for the rest of the year, read the fine print, especially the print with the ink that the human eye can't detect
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Old March 12th, 2005, 06:10 PM
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Default Re: Re: Glory Class Action Suit

I have no intention of throwing money out to anyone. I would like to talk to the lawyer though and see what his intentions are. I have heard so many different opinions about what we should do, legally and otherwise, regarding this whole mess, and it just sems smart to look into all avenues...
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Old March 12th, 2005, 06:39 PM
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Default Re: Glory Class Action Suit

Lori .. I agree with you. Good to look at ALL your options. If there's a lawyer willing to take this case based COMPLETELY on a contigency basis(at no cost to you, other than a % if the case is successfully concluded), why not join in. Just don't sign over any other right to pursue compensation from Carnival on your own as well.

I still believe everyone should have their TAs pressure Carnival. If they do alot of business with the line, they have more clout, access to supervisors etc.


Donna.. unfortunately it's likely to be 4-6 weeks before you get a reply to your letter, regardless of if you get the response you're looking for. If you gave notice of wishing to excercise the "vacation guarantee", and were refused, I'd say your "case" is quite different from some of the others... in terms of fighting the "contract".

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Old March 12th, 2005, 09:30 PM
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Default Re: Glory Class Action Suit

WOW what ever happend to drinks on the deck and haning fun on vacation.
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Old March 12th, 2005, 10:58 PM
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Default Re: Glory Class Action Suit

Author: Sai (dialup-4.153.243.228.Dial1.Atlanta1.Level3.net)
Date: 03-12-05 19:56

"advertising and soliciting is not allowed on the boards" eh?

What about all the posts on the Hotel and Chitchat boards saying "stay at MARRIOTT MARINA!!!!" Or "Fly on SOUTHWEST!!!" There are hundreds advertising and soliciting for various hotels and airlines ... as you encourage.

What about all the posts (including Kuki) touting PRICELINE?

Be honest: Naming a specfic lawyer suing Carnival in a class action is not allowed, but advertising and soliciting is encouraged if it is politically correct. Why I don't know, but I can guess.

The cut and paste below- from our User Agreement explains why a lawyers contact info would not be allowed.
"Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory or which discloses private or personal matters concerning any person, company or legal entity."

As for hotel and similar info... We have an entire message board folder set up for "Practical Advice". One of those message board folders is specific to supplying Hotel information.
You won't find any of us posting say.. TRY PRICELINE! But we will certainly answer questions that posters ask with our honest opinions.
There's another folder for Shore Excursion info... where people recommend private tour companies.
There's also a GRIPES folder... where all these threads probably belong.

We choose to allow the exchange of information which we feel will be helpful to cruisers, as long as the commercial reference is generic in nature, and doesn't include commercial urls, or phone numbers.

Again.. I'm surprised that any one of you think you have a right to try and tell us how to run OUR message boards. We've been at this a very long time, and are happy with the way we run things... and so are the VAST majority of visitors to the site, and members of this community!

Particularily surprising since most who are doing the complaining about this chose to post anonymously, without even identifying themselves with an e mail address, or registering to be a member of the CruiseMates site.
Simply taking pot shots from cyberspace.

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  #29 (permalink)  
Old March 12th, 2005, 11:34 PM
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Default Re: Glory Class Action Suit

Kuki, you said: "We choose to allow the exchange of information which we feel will be helpful to cruisers, as long as the commercial reference is generic in nature, and doesn't include commercial urls, or phone numbers."


All the original poster did was say the name of a lawer with an active case against a cruiseline.. How THAT isn't relevant to CruiseMates is beyond me. If that is not an "exchange of information helpful to cruisers", then what is?

I can't believe YOU are whining about this. This is the info about a lawyer with an active lawsuit against a cruiseline! CruiseMates should be TRUMPETING this, as a service to cruisers.

***Edited to remove accusation***
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Old March 13th, 2005, 01:34 AM
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Default Re: Glory Class Action Suit

taken from the terms of service agreement.. you are not allowed to make postings...
"which discloses private or personal matters concerning any person, company or legal entity."

The above should explain it.

Secondly, the post is by an ananyomous poster, with no way to verify if the information they are posting is factual. (something I'm not so sure about... as those pursuing this will find out, any actions against the cruise line will need to be filed in Florida, and the attorney mentioned is in Grenwich, Ct.)

If the original poster wanted to provide the information, rather than advertise....all they'd have to say is--------- there is a lawyer who is going to start a class action suit. All those who were affected and who would like information about joining this suit can e mail me at............... for information.

That would be a valid and acceptable post and would not have been edited. And the moderator noted that in his comments when he edited the post.

There's no "conspiracy" here to protect the cruise line, as some would like to suggest.
There is an expectation that those who want to use this site do so with respect for being given a free place to do so..... with plenty of exposure.....and within the guidelines outlined on the site.

People need to learn our "rules of the road", and abide by them, and they'll likely find the site is pretty helpful, and the posters friendly. Those who want to ride rough shod over a site that has done nothing but grow over more than 5 years in existance shouldn't expect to see the red carpet welcome mat rolled out at their feet.

There's no reason the site should be "trumpeting" this or any similar cause. We can certainly all express our opinions (and I have) of support for this cause, and even non support. But either way... it should be done in a respectful manner, in discussions.

If anyone stops to think about it for a second... that type of exchange is going to get much more information out, than all the nonsense that we've witnessed, with all the nonsensical accusations.

Look at how debates are handled.... with rules to allow both sides of an argument to be presented. And then the views of the facts, by each side, can be seen quite clearly.

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