NYC Court Makes a Birth Certificate Ruling…for Transgendered People
- Posted on March 27, 2012 at 8:02am by
Billy Hallowell
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NEW YORK (The Blaze/AP) – Louis Birney had been through sex-change surgery and wanted his birth certificate to reflect the man he’d become, at nearly 70.
City health officials said they needed a psychiatric report and detailed surgical records to switch the gender on his birth certificate — requirements that put up undue roadblocks, a judge recently ruled in a case that highlights legal questions around a sensitive issue of identity.
The ruling, made public last week, orders the city Health Department to re-evaluate his request and questions the agency’s understanding of “the lives and experience of transgender people.” It marks something of a victory for advocates seeking to make it easier for people who have changed gender to change their identity documents.
“I hope that the Department of Health will really take this to heart and really see that the court is, in this decision, recognizing the importance of respecting the identities of transgender individuals,” said Erica Kagan, a lawyer for Birney, who declined to be interviewed.
Updating identity documents has become a growing concern for transgender people as government-issued IDs are increasingly needed and scrutinized, whether to get a job or board a plane. Some transgender people have ended up with one sex listed on a driver’s license and another on a birth certificate, for instance, because of a patchwork of agencies and rules.
The Sylvia Rivera Law Project explains the complications it sees with current New York City regulations:
The current policy bars many transgender people from getting the documents we need to survive and participate in society. People need birth certificates needed to prove eligibility to work when starting a new job, to get certifications in some professions, to obtain identification like driver’s licenses and passports, and to apply for many types of housing programs and other social services. Having a birth certificate that shows the wrong gender can make doing any of those things difficult or impossible. When we show a certificate with a gender other than the one we live in, we are often accused of fraud, turned away, or harassed, attacked, humiliated, or discriminated against because of our gender. Even in the best of cases we face embarrassment, confusion and delays.
After having sex-change surgery in his late 60s in 2009, Birney applied to change his birth certificate. He enclosed a doctor’s letter saying the operation had been completed successfully.
The Health Department called for more details on the “reconstruction procedure,” plus a psychiatric evaluation and a physician’s record of a post-operative examination.

City officials have said they need robust proof of a permanent sex change to make sure there are safeguards on changing a crucial identity record, one used to obtain important items ranging from passports to government benefits.
Birney said the requests invaded his privacy and he’d already provided enough information to satisfy a city regulation requiring proof of the surgery — a demand that is itself a focus of criticism from transgender advocates.
In ruling on Birney’s lawsuit, Manhattan state Supreme Court Justice Paul G. Feinman’s ruling declined to address whether the surgery requirement was justified.
But he faulted the Health Department for not providing “a clear, straightforward list” of requirements for changing a birth certificate. And he suggested that calling for psychological records amounted to overreaching for information and underappreciating what it takes to change genders.

“It does not seem very likely that an individual would go through all the years of required preparation for surgical transition, including psychotherapy, undergo major surgery, assume life under his or her new gender, and then decide it was all a mistake and change back,” Feinman wrote. “This apparent assumption tends to suggest a certain ignorance by the department of the lengthy transition process and the lives and experience of transgender people.”
City lawyers are considering what to do next.
“We appreciate the judge’s detailed review of this important topic,” city Law Department attorney Sheryl Neufeld said Friday.
Birney was among a handful of transgender people who sued the city last year over their efforts to change their birth certificates. At least three other cases, which focus on challenging the requirement for genital surgery, are continuing. They say a surgery requirement is unfair, noting that some people can’t have the requisite operation for financial or medical reasons.
Here’s information about the case from last year:
While the decision in Birney’s case is welcome, “the city still has not said why transgender people have to undergo the surgeries that it requires just to be recognized as who they are,” says Noah Lewis, an attorney with the Transgender Legal Defense & Education Fund. The New York-based group represents some of the people challenging the surgery requirement.
The city Health Department considered dropping it in 2006 but decided not to, saying the change “would have broader societal ramifications than anticipated,” particularly for hospitals, jails, schools and other institutions that need to segregate people by gender.
The state Health Department, which sets birth certificate policies for areas outside the city, also requires detailed surgery records and a psychological report to make a gender change.
Some other states and agencies don’t, however.
Washington state requires only a doctor‘s or psychologist’s note attesting to “appropriate clinical treatment” to change the gender on a driver’s license. And the U.S. State Department announced in 2010 that transgender travelers no longer would need surgery — just a doctor’s certification of appropriate treatment — to declare a new gender on a passport.




















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Comments (66)
bigmel754
Posted on March 27, 2012 at 11:39amA Birth Certificate, get it, birth, at birth, at the time of birth, what sex was the child when born, it needed to be listed on, birth certificate! How has that changed? It can’t change! How stupid have we gotten? The person that didn’t run that wacko out of the office is just as wacko! However, it does help explain why this world is getting as confused as it is!
Report Post »Jaycen
Posted on March 28, 2012 at 1:38amYou bigot. Just because you can’t understand something, you fear and condemn it!
The love I have for my doorknob is real. I can’t help it, I was born this way. Who are you to judge man-doorknob love? I refuse to be labeled and pidgeon-holed by fascists.
I have rights. My doorknob has rights. We have the right to love each other in the way that we do, and you’re trying to supress our civil rights.
Report Post »Quiata
Posted on March 28, 2012 at 6:32amAll it means is that you just can’t trust a piece of paper anymore….
Report Post »MR_ANDERSON
Posted on March 28, 2012 at 6:32amThis would be like if you were married and had a big wedding, but then bad things happened and you got a divorce. However, some time down the road, you meet the perfect person. You decide to get married, but you have the smallest of weddings this time. Not satisfied, you photo-shop all the old wedding pictures and show off your great wedding together.
Fact is, birth certificates are a snapshot in time. Additionally, were surgeries done or was the individual’s DNA actually changed? When men start dropping eggs, or a women start doing, well you get the picture, so until then physical modifications to one’s body do not count, so all you fake blonds out there should still have something else on your Driver’s License. I’d ask to verify, but that might be racist.
- “When we show a certificate with a gender other than the one we live in, we are often… ~ …discriminated against because of our gender.” -
You are NOT being discriminated because of your gender, you ARE being discriminated against because the choice you have made to abandon your gender. Sometimes people judge you on your actions, and that is fair.
Report Post »txbigfoot
Posted on March 28, 2012 at 7:52am@Jaycen, you are off the hook there whatever you are. Birth does mean birth. Dont be a hater to everyone that does not agree with your view. Stop trying to force your twisted lifestyle on everyone in the hope that you will convenience them you are right. You are not. I guess you want a category called “she/he it” as you are never able to convert your chromosones to another one its x or y-PERIOD. You can change your outloook but you cant change your origin.
Report Post »YAHSHUARULES
Posted on March 28, 2012 at 12:08pmFunny how the progressives want to rely on science til it does not suit their purposes. DNA is a fact. Humans either come into the world with one set or another of chromosomes. All the rest of this is because of the sickness of the soul. The battle is in the mind, between the ears not between the legs. The deception is about glorifying the flesh and giviing in to every impulse the flesh wants. This idea that someone decides that they are really assigned the wrong body on the outside and once they by mutilation change that everything is fine is another agenda lie. There are those who go through the process and then REGRET it.
http://www.usatoday.com/news/health/2009-02-24-transgender-penner_N.htm
We are to mortify the deeds of the flesh. Where does all this end? Maybe reading the words of those who are in the homosexual/transexual movement will give some clarity. I found this paper facinating for the hypocricy that has been foisted on the so-called “straight” world. There is an agenda alright and it has nothing to do with tolerance of diverse beliefs – its goal is to destroy the Judeo/Christian foundation of this country. A foundation that the Founders said was necessary for this Republic to exist. They knew that only a biblically literate and moral people were able to maintain the Republic. God was taken out of the schools and the decline in all measures has been stunning.
http://www.massresistance.org/docs/gen/08a/born_gay_hoax/TheBornGayHoax.pdf
Report Post »ACLUHater
Posted on March 28, 2012 at 2:39pmLiberalism is a mental disorder. If we elected a fraud in the white house, anything is possible. We are doomed.
Report Post »PASSIONFORCHRIST
Posted on March 28, 2012 at 11:27pmMy question is, WHO IS GOING TO TELL THE PERSON, THE ONE WHO IS DATING, THE TRUTH ABOUT THEIR GENDER CHANGE? I REMEMBER SOME GUY FOUND OUT HE WAS DATING A GUY WHO BECAME A GIRL AND HE SHOT HER BECAUSE OF THE SHOOK HIMSELF!!!!!!!!!!!!!! WHO IS GOING TO PROTECT THESE INNOCENT VICTIMS FROM FRAUD!!!!!!!!!!!!!!!
Report Post »SenorStrange
Posted on March 29, 2012 at 2:32amMR_ANDERSON
I think a better analogy would be if you got married and then divorced then remarried so you wanted to have your first marriage license changed to list your 2nd wife so people would not judge you for who you first married but only for who you were currently married to. That of course would be a lie just like this changing birth certificate issue is a lie and the government should not allow people to officially lie.
Report Post »Mark0331
Posted on March 27, 2012 at 10:39amSooo, if a ‘man’ meets a ‘woman’,or vice versa, who has the changed birth certificate, and that person doesn’t tell them they had the operation,does that constitute fraud? I mean shouldn’t post op transexuals be forthright and honest in their relationships with all people? All very confusing…I mean thats what they are right, post op transexuals….that term has been around for decades. Whats with this gender neutral, gender challenged etc PC bs…
Report Post »barber2
Posted on March 27, 2012 at 11:21amI remember reading about a young transgendered guy was killed by a fellow he came onto for this very same reason.
Report Post »yougottabekidding
Posted on March 27, 2012 at 11:37amIsn’t that falsifying an official record?
Report Post »bigmel754
Posted on March 27, 2012 at 1:36pm@YOUGOTTABEKIDDING
Report Post »“Isn’t that falsifying an official record?”
The current administration has samples on how to go about falsifying such things; birth certificates, school transcripts and social security cards! It is easy when no id is required.
Jaycen
Posted on March 28, 2012 at 1:39amSooo, if a ‘man’ meets a ‘woman’,or vice versa, who has the changed birth certificate, and that person doesn’t tell them they had the operation,does that constitute fraud?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I have a feeling it’ll resut in a “beating death”, but who knows. Anything is possible.
Report Post »The_Jerk
Posted on March 27, 2012 at 10:27amWhen judges become as crazy as the crazies, we are in trouble.
Report Post »Female
Posted on March 27, 2012 at 11:22amB= boy
G=girl
C=changed, confused, crazy, or creepy
Report Post »Gunonesis
Posted on March 28, 2012 at 9:11amV=Vile pervert
Report Post »AmazingGrace8
Posted on March 27, 2012 at 10:11amA list of common themes keep rearing-its-ugly-head:
A choice for “whatever” made by an individual = eventually, required thought for the masses.
“The three steps/Government issue”: 1. Acknowledgement 2. Respecting 3. You will comply
Conclusion: TYRANNY
Report Post »Cherynn
Posted on March 27, 2012 at 10:00amGood old America where you are free to have other people control your life and force thier religous views and beliefs on you. Wow how nice, I have to live my life in accordance with your beliefs even though I DONT share them. And you wonder why people have trouble with chirstianity, you just cant keep it to yourself. Sounds just like the taliban, but they are bad. Whats the difference? Niether group will let you have your OWN beliefs, they have to force thiers upon you.
Good thing I got my birth certificate changed years ago. It makes getting married sooo much easier. You would never know I was transexual if you saw me on the street and my husband thinks the surgeon did great work. No complaints at all. Life is good other than people trying to push thier unwanted beliefs onto me.
Stay out of other peoples lives, its NONE of your business.
Temperate_Light
Posted on March 27, 2012 at 10:19amwhen your business affects my business then it is my business
when your beliefs are being spoon fed as correct to my children and grandchildren even though it is not and more important …contrary to my beliefs system then it is my business.
Because the souls of my children and grandchildren as they are children and we are admonished to raise them in the right in the Lord…then it is my business.. Capish?
The_Jerk
Posted on March 27, 2012 at 10:55amCherynn, fact is, people like you are the initiators of change. You desire and demand that your developmental aberration be accepted as normal, when it clearly is not. You demand that your deviant behavior be treated as normal, when it is not. You are the Taliban, not us.
Report Post »The Jewish Avenger
Posted on March 27, 2012 at 11:50am“you just cant keep it to yourself”
God never asked us to…
And since when do you get to tell the majority how to speak live and act?
Hint: If for some freak of nature living, if you DO become the majority, you’ll cry a river when as the new majority people are telling you that you are stifling their way of life and what YOU must do to accept it.
We are TOLD to show you the way, but God is the one that gives you free will… what you do with it is between you and Him. Delivering the message, that‘s part of God’s plan for Christians Don’t like it? Not my problem.
Why must my child be FORCED into accepting that LGBT is a way of life? Will you force it on the Muslims? Will you force it on athiests? how about the Mexican Drug Cartel? How about the gang bangers in Detroit, LA or Phoenix? No? Why not? Because you know you lost before you even finished the thought. You’d be worm food and no one will bat an eye. So you push the Christians. The ones that are told to take it on the cheek. But the part you forgot to understand is that God never said ‘lay down and take a beating’
As a typical jackal you charge the herd and then find the weakest. Exploit them, label and seperate then attack and assume that you have won something great.
But you are wrong… very very wrong.
You wanna play girly dress up all your life? Not my problem.
Report Post »You want me and my kids to look at you and FORCE us to say, that’s a girl?
What you were born with is what you a
Dave59
Posted on March 28, 2012 at 8:26amCongratulations. You got your birth certificate changed, got married, and have a good life. Where is the oppression? Who’s beliefs are you being forced to follow?
Report Post »Brittany-Imbriaarts
Posted on March 28, 2012 at 10:44amWow what a bunch of bigots please tell me HOW does the change of a letter on someone else’s Birth Certificate effect you. The answer it doesn’t. This isn’t a matter of God. God doesn’t hand you paper work at birth, government does. This law does nothing but protect trans-people (like myself) from discrimination that the three of the posters in this comment above prove. May god forgive the judgement you three have past on something that does not effect you in any way other then a way to show hate. The more the Blaze releases these articles the more we see how far we still have to travel for people to not judge or hate your fellow man. Please I implore any one that wants to spew hate and quick judgement educate your self on the issue in whole before spewing vile words. This is an issue of personal safety for people not one of public destruction.
Report Post »Temperate_Light
Posted on March 27, 2012 at 9:50amDoes anyone now doubt we are beginning AS IN THE DAYS OF NOAH? and do we not remember how that ended?
Report Post »Female
Posted on March 27, 2012 at 11:20amFunny how they decided to use the “rainbow” as a symbol, don’t you think?
“FIRE‘ and mountain flattening is God’s next judgement
Report Post »YAHSHUARULES
Posted on March 28, 2012 at 12:15pmThe Founders knew that the only people suitable to our Republic were a biblically educated grounded in Judeo/Christian values people regardless of their religion or lack thereof. There is no hope for America without morality and morality is grounded in the word of God. I went to “Monumental” last night. I have not set foot in a movie theater for years. What was on the screen was connecting with everyone there, Things I had learned in the last few years thanks to Glenn Beck and David Barton others were hearing for the first time, like the fact that the Congress of the United States of America paid for and distributed bibles – so much for the lie of separation of church and state. Bibles were bought and paid for by congress. Let that sink in. Audible gasps and wow’s went through the place. Anyone who cares about this country and the direction it is going needs to see this movie. There is no fixing the economy without fixing the foundation, the bedrock on which this country was founded. I challenge all you who are especially antagonistic to the idea of this being ONE NATION UNDER GOD, go see the movie and then ask yourselves what you disagree with. You might be suprised.
http://www.christianpost.com/news/kirk-cameron-tells-of-gods-monumental-role-in-americas-founding-72012/http://www.monumentalmovie.com/
Report Post »Abraham Young
Posted on March 27, 2012 at 9:46amHmmm, I question this judge’s judgment too. Maybe HE is the one who should undergo a psychiatric evaluation. Either he is an indoctrinated fool, or a clandestine communist. Either way, we need to unseat unrighteous judges, and return our country to sanity.
Report Post »hi
Posted on March 27, 2012 at 9:39amTransgenders need God, not hormones.
Report Post »Giving a lost individual opposite sex hormones is like giving a drug addict more crack.
“You were born with the addiction gene , so let’s just go with it!”
Just in time
Posted on March 27, 2012 at 9:38amI could say I’m a fish or a frog or a woman. But that still dies not make me one. I was born a man. Case closed
Report Post »Lonescrapper
Posted on March 27, 2012 at 10:03amAnd doesn’t this set up fraud? You could be dating a girl who actually is a guy, but you can’t ever know because even the government is going to cover things up and tell you this guy is actually a girl. Don’t the people who have to live, breath, and breed with this transgendered person also have a right to know the truth? Don’t they have the right to know the truth so they can discriminate or at least be prepared for the problems (infertility, etc) that this situation would bring?
Report Post »piper60
Posted on March 27, 2012 at 9:34amanother reason to divide people by gender.
Report Post »barber2
Posted on March 27, 2012 at 9:33amHmmmm…“changing birth certificates”….sounds familiar….
Report Post »Tri-ox
Posted on March 27, 2012 at 9:30amGender is set at conception. Period.
Report Post »barber2
Posted on March 27, 2012 at 9:34amwait. Is this more of that “change” the Democrats keep talking about ?
Report Post »barber2
Posted on March 27, 2012 at 9:20amThe Discrimination Card played again by the Left ….
Report Post »brntout
Posted on March 27, 2012 at 9:18amNew box for parents to check….gender neutral,or gender challenged?
Report Post »hauschild
Posted on March 27, 2012 at 8:53amThe parents of these people and judges must feel so proud!
Report Post »Darla_K
Posted on March 27, 2012 at 9:00amThey need to be put out of their misery.
Report Post »MONICNE
Posted on March 27, 2012 at 9:10amYou are indeed high as well as mighty. That is why you are so judgmental. Bless your hearts.
TEA
Report Post »AudreyTheProvocative
Posted on March 27, 2012 at 8:50amAs for the issue regarding the transgendered individuals complaining about how New York City made it difficult to change their birth certificate to what “they have become,” I disagree with the issues for one significant reason. I do not even believe that one must go through genital replacement surgery to legally change their sex. I believe that one‘s legal sex should be based solely upon one’s biological sex. For one, sex chromosomes determine one’s biological sex, as, before birth, one’s sex chromosomes provide individuals with the genitals required for them to carry out their reproductive roles in the future, and one‘s reproductive roles ultimately define one’s biological sex. Transgendered individuals born without sex chromosome disorders are born with chromosomes opposite the sex that they claim to be, and sex chromosomes cannot be changed. Therefore, transgendered people should not be allowed to change their birth certificate to the biological sex that they have supposedly become because their biological sex remains the same. Ultimately, trasgendered individuals are nothing more than a replica of the biological sex that they claim to have become.
Report Post »cranberry
Posted on March 27, 2012 at 8:48amYou are, and always will be, what God deemed you should be. Period. paperwork should reflect that, not what you want to be because in reality, you are now pretending. Changing paperwork is a deliberate attempt to fool everyone who does not know what you really are. kapish?
Report Post »Speak without Fear
Posted on March 27, 2012 at 8:43amI prefer……they use FREAK as their gender on BC.
Report Post »ChildofJesus
Posted on March 27, 2012 at 8:41amThe whole world has gone mad! What God must think of all this insanity? I can imagine he’s grieved, angered, and a lot of other things but the thing that amazes me is his patience. He says himself he finds no pleasure in putting anyone to death but would rather everyone come to him. I hate to think of the time when that will end and judgement finally comes.
Report Post »kickagrandma
Posted on March 27, 2012 at 9:00amMorning, ChildofJESUS~~~ It’s on the way and soon. I recommend The Harbinger simply because it helps clarify so much of what is going on. Please read it a.s.a.p.
GOD BLESS!
Report Post »kimpunkrock
Posted on March 27, 2012 at 8:25amThis is a serious issue. Trying to fly now with a gender marker that doesnt match what you look like and who you are can be a serious issue with the TSA, etc. Transgendered people are normal, once you start hormones you cant change your mind and go back. The GOVT and most states make you go through MANY years of counseling before you can get permission to start hormones. A person’s body doesnt make them who they are, their soul does.
Report Post »hi
Posted on March 27, 2012 at 9:35amThey need to go to church for a few weeks instead of years of counseling first. Then they can avoid all of the pain and suffering liberal shrinks force on them.
Report Post »Brittany-Imbriaarts
Posted on March 28, 2012 at 9:39amWell Said KimPunkRock, as a transgender person I can say this law is more about personal safety of the transgender when paperwork doesn’t match and to prevent discrimination form many (like allot of people that post here). I have read all the statements posted and while I see people claiming this law will do harm to society can someone tell me HOW? Honestly how does the change of a Letter on some ones paper work effect your lives. Birth certificates all ready can be amended for several reasons, like legal name changes that don’t involve sex change, or even place and time of birth at times. This is a personal safety issue. Yet several here claim this is the destruction of the world show me how. No misguided Bible quotes aren‘t an answer as God doesn’t give people birth certificates at their birth, government does. If your worried that this will open doors to gay Marriage, New York already allows Gay marriage and trans marriage has been allowed by almost all states long ago with the concept that the person who is declared by the US government to legally be of one sex can get a marriage of that sex . Its call the Gay Marriage legal Loop hole. So if you have issue then why haven’t you spoke up then or taken action on your opinion for otherwise. Take a breath and think rationally about the issue before spouting hate on any subject.
Report Post »SpankDaMonkey
Posted on March 27, 2012 at 8:22am.
Even in the best of cases we face embarrassment, confusion and delays. Ya think……
So you were born with a “Pecker”, then at some point you decided to cut Mr. Happy off. I’ve hit mine with the Zipper on accident, and I’m still looking for the guy who invented inter-locking metal teeth. But to Whack Mr. Happy off on purpose Good Grief you freak, did you at least have him stuffed so you could play with it every once in a while? And just exactly what kind of fake Tutu did they sew on down there? Is your boy friend gay? Or what kind of guy goes for your kind?……..
I think I’m gonna be sick…………..
Report Post »JACKTHETOAD
Posted on March 27, 2012 at 8:28am…move over Monkey…
Report Post »Pastor Melissa
Posted on March 27, 2012 at 8:19amHow does this relate to marriage? What are the ramifications if someone is legally a female and they still have boy parts?
Report Post »kickagrandma
Posted on March 27, 2012 at 8:12amRemember guys, THE CREATOR FATHER GOD, never forgets who HE made. Our records are nothing to HIM.
Anyone else out there read The Harbinger? If not, get it, get it now. It explains so much. The sicko, wacko leftists just think they are in charge. What they are, as we all know, are puppets in satan’s hands.
The book of Isaiah ring a bell? The Harbinger is based on Scripture from Isaiah.
Our GOD IS IN CONTROL. We need to get on HIS side real quick here. Transgendered folks aren’t on HIS side….. just thought I’d throw that in for the perverted nyc “court”.
Report Post »momrules
Posted on March 27, 2012 at 8:26amI am getting the Harbinger today. I can’t wait to read it. And yes Kick, God is and will always be in control and I believe He is getting to exert that control very soon now.
Report Post »PurrrpleMtnMajesty
Posted on March 27, 2012 at 12:09pmHave it on order! Thanks again! Now I’m really looking forward to it.
Personally I don‘t care what someone’s BC says regarding what sex they are. (Yes, God does know who He made). I just don’t want it taught to our children as something they should “embrace” nor do I want taxpayers to have to foot the bill in any way.
Does anyone know…..IF someone has a sex change and stays unpartnered (sexually), is that still a sin? Can anyone point me to scripture regarding that? I know of someone who thinks it is not, but I can’t find anything regarding it. I do feel sorry for people who feel they were born in the wrong body. People get their noses fixed all the time because they feel uncomfortable with the looks of their nose. People dye their hair to feel better about themselves, etc.
Report Post »So if people aren’t actively pursuing a sexual relationship, but have the genitalia changed….well, is that sin according to scripture? (A neighbor’s child did this and they are so torn up as a family…I don’t even know what to say to them)
JACKTHETOAD
Posted on March 27, 2012 at 8:08amI think it should be papers from the AKC.
Report Post »kcares
Posted on March 27, 2012 at 8:03amCan we get any sicker?
Report Post »Gonzo
Posted on March 27, 2012 at 8:12amWhen Obama gets 4 more years he will grant illegals amnesty, make gay marriage the law of the land and surrender our nukes to the Russians. That’s what Barry means by “flexibility”. So Yea, we can go lower.
Report Post »let us prey
Posted on March 27, 2012 at 8:13amProbably not, but it is only 8 am.
Report Post »