Is Access to a Toilet a ‘Basic Human Right’?: Jury Awards Two Workers $332K for Not Having One
- Posted on May 22, 2012 at 9:40pm by
Liz Klimas
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Douglas Eki shakes his attorney‘s hand and Xerxes Doctolero hugs one of his lawyer’s employees. (Photo: Aimee Green/The Oregonian)
PORTLAND, Ore. (The Blaze/AP) — Two workers who claimed they were forced to urinate in a bucket have been awarded $332,000 after a jury found they were fired for complaining to Oregon regulators about the lack of an onsite toilet.
The Oregonian reports that Douglas Eki and Xerxes “Jason” Doctolero told the state Occupational Safety and Health Division that they used the bucket because they couldn’t get to a toilet fast enough.
(Relate: ‘I’m a little disgusted’: Why is NJ capital city down to its last box of toilet paper?)
They testified that their employer, Menzies Aviation, refused to provide them with a toilet and that using the restrooms of nearby businesses wasn’t a solution because they were not welcome. The men performed mechanical work at Portland International Airport.
The state agency cited the company in August 2010 for failing to provide restrooms. The men were fired later that month.
A company lawyer contended the men were fired because they kept using the bucket after being told not to.
Here‘s more from The Oregonian on the jury’s decision and the reaction of the men who were involved:
The jury found that the company, which has more than 17,000 employees worldwide and is headquartered in the United Kingdom, retaliated against the men for cooperating with the OSHA inspector. Juror Lila Zamani said the company’s treatment of the men was “definitely despicable.” She said she and other jurors believed that having easy access to a toilet was a basic human right.
“We talked about the concept of dignity — being able to go to the bathroom within 30 seconds or a minute,” Zamani said.
After Multnomah County Circuit Judge Edward Jones read the verdict, Eki and Doctolero gave each other a hearty hug, then turned to their attorney and hugged him. Doctolero said working without ready access to a restroom was humiliating, but it was also embarrassing to take the stand and speak about accidents while on the job.
“Hopefully no one will have to suffer again what I’ve been through,” said Doctolero, 42, a Portland father of four who worked as much as 85 hours a week between two jobs.
The Oregonian reports that it is “unclear” if the company will appeal the court’s decision.
The breakdown of the $332K award is $77,000 to Doctolero and $15,000 to Eki for wages and benefits they lost after being fired. Each were also given $30,000 for “pain and suffering.” The award for punitive damages, which according to the Oregonian will go to the state’s crime victims compensation fund, was $90,000.




















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Comments (102)
KyleD
Posted on May 22, 2012 at 11:29pmI don‘t know if it’s a basic human right but I‘m pretty sure it’s a law to have restrooms on site and at the very least it’s just common courtesy. Refusing to provide a restroom and then firing them because they used a bucket is just plain wrong…they deserve to get sued. I’m not sure how I feel about a third of the money going to some government fund though…seems like a tax to me.
DaveOregon
Posted on May 23, 2012 at 12:15amWelcome to Oregon – the fund get’s more then the party awarded in almost all cases. State also takes 50% of lottery winnings!
Report Post »centenium
Posted on May 23, 2012 at 10:04amAs a consumer I have yet to visit an airport that didn’t have a restroom available. Were these men unable to get to one inside the airport near one of the terminals? Having a restroom every 30 sec-1 min walk is kind of ridiculous to me. I work out on the tarmac it might take me ( a big boned person) a bit of time to walk the distance to the main terminal and restrooms. Sounds like they had to clock out for extended breaks and didn’t want to do that ever time they had to tinkle.
Report Post »Tordil
Posted on May 23, 2012 at 12:22pmExactly right about the laws.
The title also lies. The men were not awarded 332k for not having a toilet, it was 30k (which like you said is against labor laws). The men were awarded the majority of the claim because of retaliation. That is when an employer fires you because you complained to a state agency about said company breaking the laws.
But just 30k sounds low to me for telling people to act like an animal and crap on the floor. The companies own lawyer said they were fired for using a bucket (instead of the ground).
Report Post »HorseCrazy
Posted on May 23, 2012 at 12:25pmI am a woman therefore I woudln’t work anywhere without a toilet ever. I provide them on my farmland for workers (port a potties) and I have them in my business office as well as my horse barn. I think people need toilets and have the choice to work where they do as well.
Report Post »GrammaSheila
Posted on May 22, 2012 at 11:24pmPortland International Airport doesn’t have restrooms?
Report Post »hayesstephen
Posted on May 22, 2012 at 11:41pmYes they have restrooms. Had you read the article you would not have had to post. Please read, digest, think than post!!!
Report Post »YallComeBack
Posted on May 22, 2012 at 11:16pm“After Multnomah County Circuit Judge Edward Jones read the verdict, … the plaintiff‘s lawyer hugged his wife and said ’Start packing.’ “
Report Post »The Gooch
Posted on May 23, 2012 at 8:11amYep. There’s ugly, stupid greed to be seen on both sides of this story.
Report Post »lassiegirldawn
Posted on May 22, 2012 at 10:58pmWhy didn’t they at least purchase them Depends for Men. At least the guys could have hung on to their dignity. Getting serious, I had to pee in a bucket when I was a kid, all we had was an outhouse and at night, we went in the pee-pot.
Report Post »marhee9
Posted on May 22, 2012 at 11:15pmAm I supposed to be providing a toilet for my lawn service crew as well? It’s getting to the point where everything is becoming a right. Once you start down this path, it never ends. Reminds me of the Hannity interview with the OWS guy who said day care was a basic right.
Report Post »http://www.youtube.com/watch?v=XwGq8e23LOc
phillipnolan
Posted on May 22, 2012 at 11:30pmdon’t know about Oregon, but if the laws are the same, you can be arrested for peeing in public. either in the bushes or in a bucket. If you are arrested for indecent exposure — which is what this would be — you become a sex-offender and must register as such for life. I would consider this a basic requirement.
WorriedNVMom
Posted on May 23, 2012 at 2:03pmIt is against the law to urinate, etc in public! I don’t know about this being a human right, but it’s common decency to provide a restroom within a reasonable distance of all work places. If there was ever a good reason to sue for wrongful termination, this would be a good reason!
Report Post »WorriedNVMom
Posted on May 23, 2012 at 2:10pmTo the person that left a post, Am I suppose to provide a toilet for my lawn service? Yes! Or allow them to use yours. If you don’t trust them, don’t hire them. Do you realize that urine kills your grass? How would you feel if your neighbor’s children saw these guys urinating on your property. What is wrong with people, are we turning into animals?
Report Post »COFemale
Posted on May 22, 2012 at 10:48pm…”They testified that their employer, Menzies Aviation, refused to provide them with a toilet and that using the restrooms of nearby businesses wasn’t a solution because they were not welcome. The men performed mechanical work at Portland International Airport.”…
Where in the paragraph above would you find trees if you work out on the tarmac? You are out at an Int’l Airport paved with concrete. Depending on where the plane is parked, it may not be near restroom facilities, which would require the men to pee in a bucket or pee their pants. There should have been a port-a-pottie placed in walking distance for them to use in the event they are a good distance from hangers. Not all hangars owned by other businesses would allow other personnel to use their facilities.
The company was wrong, they got nailed for it, now they know it would have been cheaper to set-up a port-a-potty
Some of the response men came up with just shows their ignorance and basic idiotic stances.
Report Post »OlefromMN
Posted on May 22, 2012 at 10:54pmIf it is an aircraft that is parked so far from the hangar, it most likely has a head on it. Just sayin.
Report Post »hayesstephen
Posted on May 22, 2012 at 11:44pmThank you!!!
Report Post »Jim AZ
Posted on May 23, 2012 at 4:47amActually, the story was void of any actual description of the work site. I hope the jury got better dope.
Report Post »Walkabout
Posted on May 23, 2012 at 7:55am#2 would be hard to do, but not #1
I remember using a bucket at a worksite. Darn it all I should have sued gramps.
Seriously, for #1 if it is a choice between a bucket or a port a potty, I choose the bucket. Less surfaces to touch.
Report Post »DirkPitt
Posted on May 23, 2012 at 8:56am@JIM AZ
I’m with you. There’s just not enough info here to make a decision.
Report Post »Blazingbakedbeans
Posted on May 22, 2012 at 10:35pmThe Oregonian reports that Douglas Eki and Xerxes “Jason” Doctolero told the state Occupational Safety and Health Division that they used the bucket because they couldn’t get to a toilet fast enough.
Report Post »Sounds like Menzies Aviation better raise the speed limit.
hayesstephen
Posted on May 22, 2012 at 11:52pmStupiod.
Report Post »THXll38
Posted on May 22, 2012 at 10:29pmIf you get pissed when a dog shites on your lawn, I can only imagine when a dumb arse human does it. The waste got to go somewhere, and if there are no toilets, it is going in public water ways without treatment.
Report Post »TyrannyNoMore
Posted on May 22, 2012 at 10:27pmContrast this story to that of the now infamous OWS protestor crapping on a police car. I am surprised that guy didn’t sue the cops, for not leaving him toilet paper and suitable reading material.
Report Post »wianno94
Posted on May 22, 2012 at 10:22pm“Oh pissboy…pissboy.”
Easy access to a toilet is a basic human right? What the hell did people do before John Crapper came along? I can’t wait for all the highway travelers who stop on the side of the road to start suing the government.
Report Post »TyrannyNoMore
Posted on May 22, 2012 at 10:46pmhaha….it’s good to be the king!
Report Post »MAMMY_NUNN
Posted on May 23, 2012 at 1:26amHey Obama the pissboy he looks just like you.
Report Post »MAMMY_NUNN
Posted on May 23, 2012 at 1:28amGood ol Mel he’s a riot !
Report Post »Wat Tyler
Posted on May 23, 2012 at 9:22amSo what? You’re sticking up for this cheap-@ss company who fires their workers for complaining? I guess to a right-wing wacko a business is always in the right. No matter what.
I think this company should be made an example.
Report Post »liberalescheisskopf
Posted on May 23, 2012 at 9:46amIf Obama had a bucket, ……………
Report Post »hatchetjob
Posted on May 23, 2012 at 11:55amTo LIBERAL, It would be full of crap like Obama.
Report Post »Wat Tyler
Posted on May 23, 2012 at 6:18pmCorporatism = Serfdom v. 2.0
Report Post »SgtB
Posted on May 22, 2012 at 10:20pmIf these were 24 year old men, there would have been no lawsuit and the men would still be at work. Of course an employer should provide facilities were you are expected to work 8 hour days, however… the award seems to be outrageous! I’ve been in places without facilities where I worked (Marine Corps) and never once did I end up having an “emergency” or have to go in a bucket. I sincerely believe that this is a case of old age and treachery winning over youth and vigor once again. There is no way that a jury or judge would award two men 300k for not having adequate restrooms to use. Furthermore, maybe this whole fiasco could have been avoided if the men would have just gone to the restroom on their hour long lunch that I’m sure they were taking or if they really needed to, taken a piss in the nearest storm drain when necessary. Why should someone have to pay for an elderly person’s weak bladder and bowels?
Report Post »Mark0331
Posted on May 22, 2012 at 10:24pm@SGTB…I hear you fully brother…imagine asking a Senior NCO when you were a boot/shower shoe where the heads where at in the field….thrashed beyond description is the answer…Semper Fi.
Report Post »Stoic one
Posted on May 22, 2012 at 10:45pmI am 55 and based on the information provided; this does not smell right. You do not provide me a toilet, I will go wee wee in a discreet corner outdoors. And i can hold the other till break.
Report Post »This fine & penalty based on what we are given seems egregious.
justin.blake
Posted on May 23, 2012 at 12:20amI live close to PDX, and there is no where on site that you cant get to a restroom within 5-10 minutes. If these guys can’t be big boys and hold it for a few minutes, or go before work and during lunch, they are just like the rest of the whining masses who continually demand their ‘rights’ for things that are not truly ‘rights’. Of course the ultra-left here in Multnomah County would vote in favor of the plaintiffs…ya gotta live here to understand.
Report Post »Melika
Posted on May 23, 2012 at 6:29amI‘m happy you’re under 30, but at some point you are going to be older and things just start to break down somewhere around 40 for most people. There are also plenty of people in their 20′s with medical conditions that cause bladder dysfunction. Sometimes people are born that way. Bashing these men just because they aren‘t as young as you or can’t hold it as long as you is really tasteless and shows an ignorance unfitting a former/current member of the Marines. No one knows the work conditions of the site, how far any possibly available bathroom was located, and if there was any place to urinate in public (bushes, etc). It sounds as if there wasn’t, since they chose to use a bucket. Even if they had decided to just go on the ground, there my have been a concern that they would get in trouble with the DEP for doing so, there may have been cameras present, etc. We don’t know the situation or what the facts are because most Blaze reporters suck. It may simply be that the bathrooms weren’t located close enough for these men, in which case the issue gets more complicated, but we’ll never know. What the company was sued for was retaliation, the bathroom issue and whether or not it is a “right” is not important. Quoting an idiot female juror does not make it an issue, the impetus for the lawsuit, or a right.
Report Post »SgtB
Posted on May 23, 2012 at 8:56am@ Melika, You commented on how I was “bashing these men just because they aren’t as young” as myself. Well, you know what? I really don‘t give a flying rat’s a55 about the elderly anymore! And do you know why? When I look at an elderly person, I see someone who voted for every unconstitutional and immoral politician, regulation, ordinance, and law on the books. And lets not even get into how they have perpetuated the social security system for their own PROFIT while simultaneously enslaving their children to their debt! An old person does not deserve any kind of respect simply because they are old. Furthermore, if a grown man cannot go 4 hours without ******* or crapping himself, then he should not be seeking employment where he does not have access to a toilet. He should act like an adult and take care of his own needs.
The facts are that these men were not the right pick for their employer and they should have been fired and they should have gone on to find a different job that suited their skills and abilities. Now, I know it’s hard for you to understand because you obviously have 2 X chromosomes, but not every person is physically able to do every job. They just aren’t. And if you cannot deal with the rigors of your job, then you should work somewhere else. Most men are more able and willing to deal with a lack of “adequate” facilities and working in summer heat digging holes and doing construction, so they get paid more for it. You see where I’m going?
Report Post »TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
Posted on May 23, 2012 at 10:19amSGTB. Talk about freakin’ spin and BS. You “were” in the Corps AND a NCO? God help us, and stay away from us old Vets… as you are a font of knowledge and and seem to come off as a legend in your own mind. Just because we in the Military had no problem using our Steel Pots to $h!t, shower and shave in at some points during our careers, doesn’t mean everyone should have to have to endure that luxury (and I write that in jest).
Yes, resourcefulness, improvising and making due with what you have (or don’t have) is what sets us apart from most, but to bash “older people”(which includes us “older” Vets) as part of your misguided rant is about the most ridiculous horse crap I have seen on here yet from a Vet (besides the Vets for Ron Paul).
NCO my 4th point of contact! You are an embarrassment to yourself, the Corps AND the NCO Corps in general.
Report Post »camcotrans
Posted on May 24, 2012 at 12:11amMaybe the company did not care that you urinated or deficted on their doorstep. To some people the odor and sight of this does not bother them, or they would have provided the facilities. I wonder if the company owners wife or child witnessed the natural act of urinating (showing their junk) would be considered a sex crime or would it be “politically correct” like breast feading.
Report Post »moussiagilda
Posted on May 22, 2012 at 10:18pmPost what I wrote. That‘s what it’s like in the psych ward. One of the security guards there broke my left arm! Just like what happened to John McCain! In America! I won’t sue.
Report Post »John 1776
Posted on May 22, 2012 at 10:18pmOk, there is no way a toilet is a right.
Report Post »However….
I think this case was more about them being fired.
My bet is if they hadn’t been fired, they would have never sued.
lukerw
Posted on May 22, 2012 at 10:47pmThese “rights” are starting to read like… a lead into… the Koran & Sharia Law!
Report Post »hayesstephen
Posted on May 22, 2012 at 11:57pmDid you read the article?
Report Post »rede911
Posted on May 22, 2012 at 10:17pmWhat would any of us do without the government watching out for us? I for one rest easy knowing that some altruistic bureaucrats have got my back. I have toilet rights dang it! And rights to housing, healthcare, day care, contraception, and oh yes, I definately have the right to fairness. If it aint fair it violates my civil rights.,,
The sad thing is that my sarcasm almost sounds like the honest to goodness demands of the rabble rousing left these days/ Where will it end. History provides the answer and it isn’t pretty.
Are You Ready? http://www.bigrede.com
Report Post »LOTO
Posted on May 22, 2012 at 10:13pmFunny how that works. They dont have to allow access to truckers delivering to a facility that they are delivering to. I guess truckers dont qualify as humans.
Report Post »moussiagilda
Posted on May 22, 2012 at 10:12pmIn the quiet room in the psych ward, where they gas you and give you injections that keep you asleep for what they tell you are days, that actually keep you asleep for ONE day, you have no access to a toilet. You’re locked in. You use the floor.
Report Post »TyrannyNoMore
Posted on May 22, 2012 at 10:29pmYou sound like you have first hand knowledge ! When did they release you ?
Report Post »moussiagilda
Posted on May 22, 2012 at 10:35pmI was released on Friday last week, from the UW Health psych ward in Madison, Wisconsin. I was arrested in Washington DC, taken to three psych wards there, and returned by plane in the weirdest ugliest world. I’ve seen the other side.
Report Post »lukerw
Posted on May 22, 2012 at 10:10pmUPS and all the Trucking Companies… are in DeepShit!
Report Post »Mark0331
Posted on May 22, 2012 at 10:20pmJudicial Watch has released hundreds of Defense Department and CIA communications that reveal the Obama administration leaked classified information to filmmakers on the raid that killed Osama bin Laden….
I know off topic, but this is just coming in over the ‘wire’… check it out…just a little heads up….
Report Post »lukerw
Posted on May 22, 2012 at 10:42pm@MARK…
With Liberal/Left Social Messages & Themes… in TV Shows & Movies… the WH has HollyWood in it’s pocket… just like FDR had his Propaganda Machine working there! Then, given a seemingly State Controlled Media… the public is being BombBarded 24/7!
It sucks to be Aware… but without Voice!
Report Post »godhatesacoward
Posted on May 22, 2012 at 10:08pm3br 1bath……….I’m suing my wife and daughters!
Report Post »hayesstephen
Posted on May 23, 2012 at 12:00amThey are going to sue you for being a lousy provider.
Report Post »The_Almighty_Creestof
Posted on May 22, 2012 at 10:04pmThe customers where I work are provided with a ladie‘s room and a men’s room…yet, the way 90% leave it when they are through, would lead one to believe they’d be more comfortable if –upon opening the door– they found a couple large bushes and a bucket of fresh leaves to wipe with.
Why’d you want to work for a company whose name rhymes with “Mense’s”…you just know they are going to be jerks…at least 25% of the time.
Report Post »OlefromMN
Posted on May 22, 2012 at 10:04pmCrimeny sakes, give me a tree and some seclusion and I’m good. Many facts missing from the story however. “that they used the bucket because they couldn’t get to a toilet fast enough.” leads me to believe there was a toilet available on-site? Were they in the hanger and the toilet was in the office area? Was this a single episode or a case of irritable bowel syndrome?
Somehow I just don’t buy that a FBO at the Portland International Airport was allowed to build without plumbing. In MN you can barely put an ice house on a lake in winter without SAC (sewer access) and WAC (water access) charges.
Report Post »TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
Posted on May 22, 2012 at 10:00pm“Is Access to a Toilet a ‘Basic Human Right’? Brings up an age old question. Does a bear $H!t in the woods?
Report Post »TyrannyNoMore
Posted on May 22, 2012 at 10:39pmYes ……….and while the bear was dropping a deuce, with his rather large rump hanging over a log, a cute bunny-rabbit happened to come upon the bear. The bear looked down and said hello as he was finishing his morning ritual. The bear then asked the bunny if he had problems with sh*t sticking to his fur. The puzzled bunny quickly replied, ” uhm, no Mr. Bear, why do you ask?” The bear said nothing, smiled, and then proceeded to pick up the bunny to wipe his as$ with him.
The moral of the story is….ahhhmm……I guess there is none really, I just like the story !
Report Post »TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
Posted on May 22, 2012 at 10:50pmHeard that one before… lmao. ;-)
Report Post »RJJinGadsden
Posted on May 22, 2012 at 11:29pmTYRANNYNOMORE, Yep, that’s always a good one.
Report Post »hayesstephen
Posted on May 23, 2012 at 12:02amNot if they are in a zoo. Dunce!
Report Post »Wat Tyler
Posted on May 23, 2012 at 9:26amTime_2_End_The_Jewish_Israeli_Stranglehold_On_Amerika_Today
Report Post »TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
Posted on May 23, 2012 at 9:47amWAT. You spelling America with a “K” shows me you should never be taken seriously and should probably be deported, sent to GITMO, or given a one-way ticket Ron Paul’s favorate place on earth… Iran.
Report Post »TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
Posted on May 23, 2012 at 10:38amHAY wrote… “Not if they are in a zoo. Dunce!”
I look forward to more of your posts! You must be a real pi$$er at the zoo. Make sure you hose down those donkey stalls, then some fresh HAY will be in order. Wash your hands when done too.
Report Post »Wat Tyler
Posted on May 23, 2012 at 6:13pmTime_2_End_The_New_World_Order_Military_Industrial_Complex_Right_NOW!
Right On, bro!
Report Post »amerbur
Posted on May 22, 2012 at 10:00pmSomething is not clear.Why did they not have a toilet. Of course and employer should provide access to toilets.
Report Post »hidden_lion
Posted on May 22, 2012 at 10:09pmIf they are men, they always have access to a toilet. It is one of the perks, pee anywhere you want. If it bothered them so much, they should have brought their own porta-jon.
Report Post »CatB
Posted on May 22, 2012 at 10:14pmWithin 30 seconds to one minute .. sounds like they were too lazy to walk. I have worked inside an office and businesses where it took much more than 30 seconds or a minute to get to the rest rooms (one old building I had to go down a flight of stairs .. I worked on the mens room floor and the ladies was one floor down, only one on each level) … didn‘t know I wasn’t getting a “basic human right”.
Report Post »TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
Posted on May 22, 2012 at 10:26pmHIDDEN. You seem to be a pretty Libertarian guy based on many of your comments. Having access to a bathroom in this day and age at the workplace is pretty much a no-brainer. Remember even if you are a self sufficient Libertarian and a take charge kind of “individual”… somebody in your life diapered your can early in life, and will probably diaper it again later in life. So even Libertarians had a place to go to the bathroom and their cans wiped at some point in their lives by “someone else”.
Report Post »moussiagilda
Posted on May 22, 2012 at 9:52pmSatanists love to talk about toilets. Why is this site talking about them?
Report Post »Z
Posted on May 22, 2012 at 9:52pmWell that cost them alot more than a J-John rental
Report Post »RJJinGadsden
Posted on May 22, 2012 at 9:49pmFrankly, they got off light since OSHA did not catch them. Now, OSHA is certainly not one of my favorite agencies. But, a lack of field sanitation in a secluded area will get somebody really sick in a very short time. I have to agree with this law suit this time. That is just pinching pennies to the point their boss must squeek when he walks.
Report Post »Mark0331
Posted on May 22, 2012 at 10:04pmI agree with you..but it is Portland, Oregon, liberal slum of the Northwest….if they went in the street like a typical liberal does, no one would have noticed….but yeah, a Porto John would have been cheaper than the settlement…. dumb employer.
Report Post »taxpro4u03
Posted on May 22, 2012 at 10:06pmNot to mention EPA as it is a ground water contaminant — bucket shmucket — these yay-hoos peed in the bush — don‘t let ’em fool ya lol…. although ‘creative “employment” ‘ anything goes since everything’s going up BUT wages and ‘gainful employment’ OPPORTUNITIES…. Power to ‘em!! –
Report Post »salvawhoray
Posted on May 22, 2012 at 9:47pmif you were buried up to your neck in $h!t, and someone throws a bucket of Pi$$ on you would you duck?
Report Post »moussiagilda
Posted on May 22, 2012 at 9:52pmIs that what your mind is made of? What is your life like? Addict.
Report Post »Ducky 1
Posted on May 22, 2012 at 10:09pmI would!
Report Post »moussiagilda
Posted on May 22, 2012 at 10:16pmThank you ducky.
Report Post »hayesstephen
Posted on May 23, 2012 at 12:05amOff the point, just like the rest of your life. Idiot.
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