Judge rejects bid to shut Oakland pot dispensary

OAKLAND — The nation's largest medical marijuana dispensary won a round in federal court this week, with a judge rejecting efforts by Harborside Health Center's landlords in Oakland and San Jose to immediately shut down operations.

The property owners have been under pressure since federal prosecutors last summer threatened to seize the buildings, arguing that pot sales were in violation of federal law. But in her ruling, Chief Magistrate Judge Maria-Elena James said that "any argument about the urgency of stopping Harborside's activity rings hollow" — since the landlords had known for years that it was a medical cannabis dispensary.

Allowing Harborside to stay open while a fuller legal airing of the issues took place, James continued, would not cause the landlords irreparable harm.

In her ruling in U.S. District Court in San Francisco, James also found that the property owners had no legal standing to seek an immediate end to sales at the dispensary by contending they violated the federal Controlled Substances Act.

Harborside — which serves more than 108,000 patients — now will have the opportunity to battle the federal civil forfeiture actions in court.

"We look forward to proving our case in front of a jury, and continue to believe we will prevail," Harborside's executive director, Steve DeAngelo, said in a statement.

The city of Oakland also has sued to prevent the property forfeiture, contending that federal prosecutors had missed a five-year statute of limitations and misled city officials with promises that they would not go after dispensaries complying with state and local laws.

In her ruling, James ordered Oakland's case be coordinated with the forfeiture cases.

Monday's ruling sets the stage for what could be a precedent-setting battle over clashing federal and state marijuana laws.

Cedric Chao, an attorney for Oakland, has argued that closure of the dispensaries would deprive the city of tax revenue and force Harborside's patients into the underground market, driving up crime.

"The city of Oakland could not be more pleased" by James' ruling, Chao said. "The patients can continue to get the medicine. They won't be thrown in the streets. There won't be an immediate public health crisis. There won't be a public safety crisis."

The U.S. attorney's office repeatedly has declined to comment on the ongoing litigation. Prosecutors have filed a motion to toss Oakland's suit, contending the city has no legal standing to weigh in. That issue will be heard at a hearing on Jan. 31.

lee.romney@latimes.com

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Japan’s Cleanup After a Nuclear Accident Is Denounced

Ko Sasaki for The New York Times

Bags of contaminated soil outside the Naraha-Minami school near the Fukushima Daiichi nuclear power plant.

NARAHA, Japan — The decontamination crews at a deserted elementary school here are at the forefront of what Japan says is the most ambitious radiological cleanup the world has seen, one that promised to draw on cutting-edge technology from across the globe.

Ko Sasaki for The New York Times

Workers reflected in the glass of the Naraha-Minami Elementary School

But much of the work at the Naraha-Minami Elementary School, about 12 miles away from the ravaged Fukushima Daiichi nuclear power plant, tells another story. For eight hours a day, construction workers blast buildings with water, cut grass and shovel dirt and foliage into big black plastic bags — which, with nowhere to go, dot Naraha’s landscape like funeral mounds.

More than a year and a half since the nuclear crisis, much of Japan’s post-Fukushima cleanup remains primitive, slapdash and bereft of the cleanup methods lauded by government scientists as effective in removing harmful radioactive cesium from the environment.

Local businesses that responded to a government call to research and develop decontamination methods have found themselves largely left out. American and other foreign companies with proven expertise in environmental remediation, invited to Japan in June to show off their technologies, have similarly found little scope to participate.

Recent reports in the local media of cleanup crews dumping contaminated soil and leaves into rivers has focused attention on the sloppiness of the cleanup.

“What’s happening on the ground is a disgrace,” said Masafumi Shiga, president of Shiga Toso, a refurbishing company based in Iwaki, Fukushima. The company developed a more effective and safer way to remove cesium from concrete without using water, which could repollute the environment. “We’ve been ready to help for ages, but they say they’ve got their own way of cleaning up,” he said.

Shiga Toso’s technology was tested and identified by government scientists as “fit to deploy immediately,” but it has been used only at two small locations, including a concrete drain at the Naraha-Minami school.

Instead, both the central and local governments have handed over much of the 1 trillion yen decontamination effort to Japan’s largest construction companies. The politically connected companies have little radiological cleanup expertise and critics say they have cut corners to employ primitive — even potentially hazardous — techniques.

The construction companies have the great advantage of available manpower. Here in Naraha, about 1,500 cleanup workers are deployed every day to power-spray buildings, scrape soil off fields, and remove fallen leaves and undergrowth from forests and mountains, according to an official at the Maeda Corporation, which is in charge of the cleanup.

That number, the official said, will soon rise to 2,000, a large deployment rarely seen on even large-sale projects like dams and bridges.

The construction companies suggest new technologies may work, but are not necessarily cost-effective.

“In such a big undertaking, cost-effectiveness becomes very important,” said Takeshi Nishikawa, an executive based in Fukushima for the Kajima Corporation, Japan’s largest construction company. The company is in charge of the cleanup in the city of Tamura, a part of which lies within the 12-mile exclusion zone. “We bring skills and expertise to the project,” Mr. Nishikawa said.

Kajima also built the reactor buildings for all six reactors at the Fukushima Daiichi plant, leading some critics to question why control of the cleanup effort has been left to companies with deep ties to the nuclear industry.

Also worrying, industry experts say, are cleanup methods used by the construction companies that create loose contamination that can become airborne or enter the water.

At many sites, contaminated runoff from cleanup projects is not fully recovered and is being released into the environment, multiple people involved in the decontamination work said.

Makiko Inoue contributed reporting from Tokyo.

This article has been revised to reflect the following correction:

Correction: January 8, 2013

Earlier versions of this article misspelled the name of the construction company in charge of the cleanup of the city of Tamura. It is the Kajima Corporation, not Kashima.

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181,354 People on Twitter Think They’re Experts at Twitter

Do you tweet a lot? Do you post everything on Facebook? Do you #hashtag #complete #sentences #like #this? Do you describe yourself, variously, as a social media “maven”, “master”, “guru”, “freak”, “warrior”, “evangelist” or “veteran”? (Yes, a social media veteran. As if Tumblr were a deadly war you narrowly survived.) Well: you’ve got company! There are more than 181,000 such individuals on Twitter, people who adorn their profiles with credentials like “social media freak” and “social media wonk” and “social media authority.”

RELATED: Teens Hacking Their Friends’s Twitter Accounts Is All the Rage

B.L. Ochman at Advertising Age, whose heroic research produced the final tally, first noted the trend three years ago — when she recorded, among other distinctions, 68 “social media stars” and 79 “social media ninjas” on Twitter alone — and has been keeping track ever since. This isn’t just the stuff of legitimate Twitter news-breakers like Anthony DeRosa and Andy Carvin — Ohman provides a helpful breakdown of the terms she looked for — you know, like “social media warrior.” (We’re tempted to argue that such diligence makes Ochman something of a social media warrior herself.) Ochman also warns of using “guru” — a Sanskrit term — to describe oneself:

While a great many of these self-appointed gurus are no doubt taking the title with tongue firmly planted in cheek, the fact remains: a guru is something someone else calls you, not something you call yourself. Scratch that: let’s save “guru” (Sanskrit for “teacher”) for religious figures or at least people with real unique knowledge.

I’d argue, in fact, that “social media” and “guru” should never appear in the same sentence.

Whatever the term, social media seems to be a growth industry: there were only 15,740 “mavens” (or whatever) in 2009 — less than a tenth of those represented today.

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Justin Bartha Is Dating Trainer Lia Smith

01/07/2013 at 07:00 PM EST

Lia and Justin in Hawaii New Years Day

Pacific Coast News

Justin Bartha's "mystery woman" is in fact his girlfriend, trainer Lia Smith, a source reveals to PEOPLE.

The pair recently enjoyed a cozy trip to Smith's native Hawaii and were snapped basking in the sun on Maui on New Year's Day, which got people buzzing about her identity.

"They were very cute with each other," says an eyewitness. "They had their arms around each other and were kissing."

The couple also spent time with Smith's parents on Oahu. Bartha, who currently stars on The New Normal, was previously linked to Scarlett Johansson and dated Ashley Olsen for two years before breaking up in 2011.

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Report: Death rates from cancer still inching down

WASHINGTON (AP) — Death rates from cancer are continuing to inch down, researchers reported Monday.

Now the question is how to hold onto those gains, and do even better, even as the population gets older and fatter, both risks for developing cancer.

"There has been clear progress," said Dr. Otis Brawley of the American Cancer Society, which compiled the annual cancer report with government and cancer advocacy groups.

But bad diets, lack of physical activity and obesity together wield "incredible forces against this decline in mortality," Brawley said. He warned that over the next decade, that trio could surpass tobacco as the leading cause of cancer in the U.S.

Overall, deaths from cancer began slowly dropping in the 1990s, and Monday's report shows the trend holding. Among men, cancer death rates dropped by 1.8 percent a year between 2000 and 2009, and by 1.4 percent a year among women. The drops are thanks mostly to gains against some of the leading types — lung, colorectal, breast and prostate cancers — because of treatment advances and better screening.

The news isn't all good. Deaths still are rising for certain cancer types including liver, pancreatic and, among men, melanoma, the most serious kind of skin cancer.

Preventing cancer is better than treating it, but when it comes to new cases of cancer, the picture is more complicated.

Cancer incidence is dropping slightly among men, by just over half a percent a year, said the report published by the Journal of the National Cancer Institute. Prostate, lung and colorectal cancers all saw declines.

But for women, earlier drops have leveled off, the report found. That may be due in part to breast cancer. There were decreases in new breast cancer cases about a decade ago, as many women quit using hormone therapy after menopause. Since then, overall breast cancer incidence has plateaued, and rates have increased among black women.

Another problem area: Oral and anal cancers caused by HPV, the sexually transmitted human papillomavirus, are on the rise among both genders. HPV is better known for causing cervical cancer, and a protective vaccine is available. Government figures show just 32 percent of teen girls have received all three doses, fewer than in Canada, Britain and Australia. The vaccine was recommended for U.S. boys about a year ago.

Among children, overall cancer death rates are dropping by 1.8 percent a year, but incidence is continuing to increase by just over half a percent a year. Brawley said it's not clear why.

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Boy who shot neo-Nazi father had a history of violence, psychologist testifies

The Riverside boy who shot and killed his neo-Nazi father had a history of violence since he was a toddler, but there was no indication that his father condoned such brutality, a mental health expert for the prosecution testified Monday.

Clinical psychologist Anna Salter said the boy, who was 10 years old when he pulled the trigger, told her that his father tried hard to get the boy's violence under control — on occasion beating the child as punishment for an outburst.

"He didn't know what else to do," Salter testified during the juvenile court proceeding in Riverside.

The boy's outbursts included an attempt to strangle a teacher with a telephone cord and stabbing classmates with pencils, Salter testified.

Jeffrey Hall, regional director of a neo-Nazi organization called the National Socialist Movement, was asleep on his living room couch in May 2011 when his son walked downstairs with a loaded .357 magnum revolver, pulled the hammer back and fired.

Salter told the court she found it "very odd" that Hall had not been threatening the boy at the time — they had spent a "family movie night" together hours earlier. The boy told police, however, that he lived in fear and was tired of his father's beatings.

"He said he just wanted to end the father-son thing," Salter testified.

Salter said the boy, at the time of the shooting, knew that killing his father was wrong, admitting as much to police and his stepmother just hours after the shooting.

Chief Deputy Dist. Atty. Michael Soccio, in his opening statement, argued that the boy coldly plotted to kill his father because he was afraid that Hall was about to divorce the boy's stepmother. Soccio said the boy's actions had nothing to do with Hall's neo-Nazi beliefs.

Public Defender Matthew Hardy, however, countered that the boy's moral compass was warped by living in an abusive, violent household where his father, in drunken rages, beat him regularly and where other neo-Nazis often gathered to celebrate their hate-filled and violent beliefs.

The mental health expert for the defense, psychologist Robert Geffner, testified in November that violence, guns and talk of killing permeated the Hall household, which taught the boy that "violence is the appropriate way in his world."

The prosecution's expert attempted to counter that view Monday, telling the court that the boy's violent streak began before he was 3 years old, when his outbursts led his grandmother to refuse to baby-sit him.

Salter said the boy's birth mother reportedly used heroin, LSD and other drugs while she was pregnant and then neglected the boy when he was a baby. Hall and his first wife divorced shortly after the boy was born. Hall won full custody when the boy was 3.

Salter, an expert in child psychology, violence and sexual abuse, was called to testify after the prosecution's initial mental health expert was barred from appearing because he had taken part in a confidential interview of the boy.

In court, the boy sat fidgeting next to his attorney and a juvenile probation officer. The boyish face of a sandy-haired child has been transformed since he first appeared in court two years ago. He appeared thinner and reportedly lost weight since being placed on medication to control his hyperactivity in juvenile hall, where he has been housed since the shooting.

Salter interviewed the boy for six hours in November and described him as well-behaved and direct. She refuted testimony from the defense psychologist that he had been molested by his father, saying the boy told her that he had no memory of that occurring.

During the interview, the boy accused his stepmother, Krista F. McCary, of telling him to kill Hall. McCary has not been charged in connection with the killing. She was convicted in 2011 of child endangerment and weapons charges and placed on four years' probation.

Judge Jean P. Leonard must decide whether the child knew that his actions were wrong at the time of the shooting. If she rules that the boy did not comprehend that his actions were wrong, he would be set free. If she finds the boy responsible for the killing, a hearing will be held to determine punishment. He could remain in juvenile custody until he is 23.

Salter said she believes that the boy could still lead a productive life, if he's given proper care.

"I think [the boy] has a tragic history. I think he has had a tragic upbringing," she said. "I don't think [he] is a hopeless case."

phil.willon@latimes.com

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India Ink: India's Rape and Sexual Assault Laws Under Scrutiny

The death of a young rape victim in from Delhi has reopened a debate in India about the country’s sexual assault and rape laws, as sweeping changes are being demanded to improve women’s rights in the country.

Compared to the much of the rest of the world, sections of India’s laws covering rape are inadequate and narrowly defined, critics say. And India’s way of delivering justice to rape victims is replete with loopholes, they say.

The debate comes as the Indian government reviews the country’s laws and punishments for sexual assault, in the wake of widespread protests and calls for judicial action. The government has formed a panel of three legal experts, headed by a former chief justice of India, J.S. Verma, to review possible amendments, including those that would impose more stringent punishment. The committee is expected to submit its report by the end of January.

India’s current definition of rape is steeped in outmoded traditions, making the possibility of a conviction unlikely in many cases, human rights activists said. The law, which dates from 1860, has been amended only twice since then, in 1983 and 2003. “There is need for a much broader definition of rape, as is accepted by international standards,” said Meenakshi Ganguly, South Asia director of Human Rights Watch.

Currently, section 375 of the Indian Penal Code is defined as vaginal-penile intercourse against a woman’s consent. Excluded from the law is the rape of a woman by her husband if the woman is above 15 years of age.

“The world is changing, and because there are changes in society we need to modify the definition of the rape law,” said Monica Joshi, a law officer at the Human Rights Law Network in New Delhi who specializes in women’s cases. “The law needs to include things like oral penetration, anal penetration, insertion of a foreign object into a woman’s body, dating rape, marital rape and deal with direct and indirect consent.”

Both Britain and most states in the United States consider marital rape a legal offense, noted Pinky Anand, a Supreme Court lawyer who specializes in cases for women, constitutional law and international law.

Still, there is a “progressive” part of Indian law compared to laws in some parts of the United States and in Britain, said Mrinal Satish, an associate professor at the National Law University in Delhi, who is completing his doctoral dissertation at Yale Law School. In India, the prosecution is required to prove that the defendant knew that the woman was not consenting to intercourse and only relies on the victim’s testimony, not the defendant’s belief, Mr. Satish said.

But this is also where the ambiguities arise. The court, said Mr. Satish, has to be satisfied that the woman’s testimony is reliable. Stereotyping based on certain characteristics, like whether the victim is a virgin or married, plague judgments in rape cases and usually have a negative impact, he said.

The current law also lacks clarity about punishments for a convicted rapist. According to section 376 of the Indian Penal Code, the minimum sentence for a convicted rapist is seven to 10 years, while the maximum sentence is life imprisonment. Gang rape carries a punishment of 10 years to life imprisonment. However, in certain situations a convicted rapist can get away with serving less time.

“The law allows the judge discretion to award a lesser punishment in special cases such as an aged person or a person of unsound mind,” says Ujjwal Nikam, a special public prosecutor for the government of Maharashtra whose expertise is in criminal law.

Sentencing guidelines for judges in India are nonexistent, which could lead to lenient sentences in rape cases, critics say.

“Unlike some other countries, such as the United States and England, India does not have sentencing guidelines, which provide rules and principles for judges to follow while sentencing,” said Mr. Satish. This contributes to the “rampant disparity” in punishments for rape cases, he said.

Legal experts in India are debating increasing the maximum punishment for rape in India, which could include the death penalty.

Some activists and advocates believe that an enhancement in the punishment will create a greater deterrent against rape. “The principle problem with rape laws in the country is that they don’t seem to be serving enough of a deterrent to criminals,” said Ms. Anand. “The rate of rape is horrifying, and the conviction rate is unsatisfactory. Capital punishment is the only answer.”
·
However, activists warn of the dangers of imposing the death penalty in rape cases, citing the increased chances that rapists would attempt to kill their victims, among other risks.

Another punishment being considered is chemical castration, the administration of medication designed to decrease libido and sexual activity, which is used on sex offenders in South Korea, Russia and Israel. In the United States, chemical castration is used in California, Florida and Louisiana.

Several legal experts argue there is also need to review the sexual assault law in India. Under section 354 of the Indian Penal Code, sexual assault is described as “outraging the modesty of a woman” – a description considered archaic, subjective and limited by legal experts. “We need to increase the ambit of sexual assault to include harassment, verbal abuse, groping, acid attacks, stalking and cyber crime,” said Ms. Anand.

Punishment for sexual assault should also be increased, activists said. Currently sexual assault crimes carry a maximum punishment of two years, but most convicted criminals can walk away by paying a small fee. “Criminals who repeatedly commit sexual assault if not convicted will then progress to higher crimes like rape,” said Ms. Anand.

A sexual assault bill currently pending in Parliament introduces some of these measures by increasing the punishment for molestation from two years to five years in prison, and sexual harassment from one year to three years.

The law itself is not the only problem. “When it comes to the problems – they lie in the system and how the legal system deals with rape cases,” Mr. Satish said. It’s important that the evidence is built. And if that’s weak, then the court is left with evidence on the bases it cannot convict.”

A draft bill has been submitted to the panel by the ruling Congress Party suggests chemical castration of rapists in rare cases, longer sentences for rape and setting up fast-track courts.
The bill should be named after the Delhi gang rape victim, Shashi Tharoor, the Indian minister of state for human resource development, said on Twitter on Jan. 1. The thought struck a chord with the victim’s parents, according to local media reports. (The woman’s name has only been reported so far by a British newspaper, which said it had the father’s permission. Reports Monday said his permission had not been given.)

Lawyers and activists are hopeful that the national attention garnered by this particular rape will spur the government to action. “Gender issues have not been given primacy up until now, but this time around civil society has raised enough of a voice that it cannot be ignored,” said Ms. Anand.

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“Ubuntu for Phones” Turns Smartphones into Desktop PCs

Millions of people have tried out Ubuntu, a free operating system for desktop and notebook PCs. Like Android, Ubuntu is open-source and based on Linux, and while it’s mostly seen as an OS for hobbyists here in the U.S., hardware manufacturers like Dell and HP make Ubuntu PCs for markets like mainland China.

Now Canonical, the startup which drives Ubuntu’s partly community-based development, has announced a version of Ubuntu that’s made for smartphones. The company previously showed off an experimental version of desktop Ubuntu that hobbyists could install on their Nexus 7 tablets. But the version Canonical demoed Wednesday was tailor-made for smartphones.

What makes Ubuntu different?

The smartphone version of Ubuntu bears little resemblance to the desktop version, aside from its graphical style. Its interface is based around gestures and swipes; instead of a back button, for instance, you swipe from the right-hand edge of the screen to return to a previous app. Swiping up from the bottom, meanwhile, reveals an app’s menu, which remains off-screen until then.

Tech expect John Gruber was critical of the Ubuntu phone interface, noting that “gestures are the touchscreen equivalent of keyboard shortcuts” because they need to be explained to someone before they can use them. The Ubuntu phone site itself calls the experience “immersive,” because it allows more room for the apps themselves.

What will Ubuntu fans recognize?

First, the apps. The same Ubuntu apps which are currently available in the Software Center (Ubuntu’s equivalent of the App Store) will run on an Ubuntu phone, provided the developers write new screens designed for phones — much less work than writing a new app from scratch. Ubuntu web apps, already integrated into its version of Firefox, will also work in the phone version.

Second, the dash and the app launcher. Ubuntu’s universal search feature is easily accessible, and swiping in partway from the left edge of the screen reveals the familiar row of app icons.

What unique features does it have over other smartphone OSes?

Besides the gesture-based design, higher-end Ubuntu smartphones will be able to plug into an HDTV or monitor, and become a complete Ubuntu desktop PC. Just add a keyboard and mouse. This feature was originally announced for Android smartphones (using advertising which insults grandmothers), and Android phones featuring Ubuntu are expected before full Ubuntu phones launch.

When will it be available?

Ubuntu phones (not just Android phones with Ubuntu included) are expected to be on shelves starting in 2014. In a few weeks, however, Canonical will have a version available that you can put on your own Galaxy Nexus smartphone to try it out.

Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.
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Jordana Brewster Is 'Enamored' with the Idea of Having Twins

01/06/2013 at 05:00 PM EST

Jordana Brewster has babies on the brain – yes, you read that right: plural.

The Dallas star, 32, who has been married to movie producer Andrew Form since 2007, tells Latina she "definitely" wants two kids and is "enamored" by the idea of having twins.

"My dad was a twin, so it runs in the family," she explains. "Fingers crossed. We're thinking about having kids but I don't know when it'll happen. I feel very ready now."

When the couple does eventually expand their family, the children will be raised in a loving home.

"We FaceTime all of the time," Brewster says, of keeping the romance alive long distance. "We love that. There are times when I just say, 'I need to see you now.' And so we FaceTime a lot, or I surprise him and visit him or he does the same. It's super important … Couples shouldn't be apart for too long. We've been married for five years now and we know how important that is because otherwise you just lose touch with each other."

A big part of their bond has come from the way Form inspires his wife on a professional level.

"It's so amazing to have a husband in the business who can challenge me and we can talk about his work and my work and understand each other in that way," Brewster says. "I love getting his feedback and he likes getting mine. And of course, that has pushed me more to consider producing in the future."

And she's not just talking about babies!

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Your medical chart could include exercise minutes

CHICAGO (AP) — Roll up a sleeve for the blood pressure cuff. Stick out a wrist for the pulse-taking. Lift your tongue for the thermometer. Report how many minutes you are active or getting exercise.

Wait, what?

If the last item isn't part of the usual drill at your doctor's office, a movement is afoot to change that. One recent national survey indicated only a third of Americans said their doctors asked about or prescribed physical activity.

Kaiser Permanente, one of the nation's largest nonprofit health insurance plans, made a big push a few years ago to get its southern California doctors to ask patients about exercise. Since then, Kaiser has expanded the program across California and to several other states. Now almost 9 million patients are asked at every visit, and some other medical systems are doing it, too.

Here's how it works: During any routine check of vital signs, a nurse or medical assistant asks how many days a week the patient exercises and for how long. The number of minutes per week is posted along with other vitals at the top the medical chart. So it's among the first things the doctor sees.

"All we ask our physicians to do is to make a comment on it, like, 'Hey, good job,' or 'I noticed today that your blood pressure is too high and you're not doing any exercise. There's a connection there. We really need to start you walking 30 minutes a day,'" said Dr. Robert Sallis, a Kaiser family doctor. He hatched the vital sign idea as part of a larger initiative by doctors groups.

He said Kaiser doctors generally prescribe exercise first, instead of medication, and for many patients who follow through that's often all it takes.

It's a challenge to make progress. A study looking at the first year of Kaiser's effort showed more than a third of patients said they never exercise.

Sallis said some patients may not be aware that research shows physical inactivity is riskier than high blood pressure, obesity and other health risks people know they should avoid. As recently as November a government-led study concluded that people who routinely exercise live longer than others, even if they're overweight.

Zendi Solano, who works for Kaiser as a research assistant in Pasadena, Calif., says she always knew exercise was a good thing. But until about a year ago, when her Kaiser doctor started routinely measuring it, she "really didn't take it seriously."

She was obese, and in a family of diabetics, had elevated blood sugar. She sometimes did push-ups and other strength training but not anything very sustained or strenuous.

Solano, 34, decided to take up running and after a couple of months she was doing three miles. Then she began training for a half marathon — and ran that 13-mile race in May in less than three hours. She formed a running club with co-workers and now runs several miles a week. She also started eating smaller portions and buying more fruits and vegetables.

She is still overweight but has lost 30 pounds and her blood sugar is normal.

Her doctor praised the improvement at her last physical in June and Solano says the routine exercise checks are "a great reminder."

Kaiser began the program about three years ago after 2008 government guidelines recommended at least 2 1/2 hours of moderately vigorous exercise each week. That includes brisk walking, cycling, lawn-mowing — anything that gets you breathing a little harder than normal for at least 10 minutes at a time.

A recently published study of nearly 2 million people in Kaiser's southern California network found that less than a third met physical activity guidelines during the program's first year ending in March 2011. That's worse than results from national studies. But promoters of the vital signs effort think Kaiser's numbers are more realistic because people are more likely to tell their own doctors the truth.

Dr. Elizabeth Joy of Salt Lake City has created a nearly identical program and she expects 300 physicians in her Intermountain Healthcare network to be involved early this year.

"There are some real opportunities there to kind of shift patients' expectations about the value of physical activity on health," Joy said.

NorthShore University HealthSystem in Chicago's northern suburbs plans to start an exercise vital sign program this month, eventually involving about 200 primary care doctors.

Dr. Carrie Jaworski, a NorthShore family and sports medicine specialist, already asks patients about exercise. She said some of her diabetic patients have been able to cut back on their medicines after getting active.

Dr. William Dietz, an obesity expert who retired last year from the Centers for Disease Control and Prevention, said measuring a patient's exercise regardless of method is essential, but that "naming it as a vital sign kind of elevates it."

Figuring out how to get people to be more active is the important next step, he said, and could have a big effect in reducing medical costs.

___

Online:

Exercise: http://1.usa.gov/b6AkMa

___

AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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