#we dont usually do flags this is a special post because... look...

[theregressionlibrary]

Omg....

✨🧸 Librarian Caregiver flag (please reblog if you save)! 🧸✨

(Overlay Credit)

[sukirichi]

— 💌 ; a love letter from @kyriaan

long post below regarding broken records. cw includes adultery, physical assault, toxic relationships, broken records spoilers, and mature content

[ from the ask ] BROKEN RECORDS ; track 005

Okay! I finally had time to actually sit down and properly read chap 5 cause ill be damned and burned if i dont pay special attention to one of my favorite series here! Rather drown or be sting by bees slowly 😒

🙂🙂🙂🙂🙂🙃 I for the first time don't even know where to start so allow me to be all over the place cause my emotions are also all over the place with this chapter ✌️

Ill start by y/n's dad caN GO FUCK HIMSELF? Like okay sir you might have fallen in love with our mom (ill give him the benefit of the doubt regarding his feelings) BUT SIR YOU SHOULD HAVE BEEN HONEST? FROM THE BEGINNING? ALSO BRUH YOU KIDDING ME??? SIR YOU LEGIT ABANDONED YOUR OTHER DAUGHTER AND THEN YOU PROCESS TO 'LEAVE US' I- YOOOOO I WOULD BITCH SLAP HIM I SWEAR!!

Also ALSO ILL SCREAM FOR THE PEOPLE IN THE BACK NO KID HAS EVER TO BE BLAMED FOR BEING BORN!! Y/n mom's line: 'we have to atone for our sins' its legit BULLSHIT it wad NOT y/n fault her DAD COULDNT KEEP HIS DICK INSIDE HIS PANTS NOR ITS Y/N FAULT THAT HER DAD CHEATED!!! ATONE FOR OUR SINS MY ASS!! the father is the one that has to take responsibility for all this shitty situation we do NOT nor any kid out there in this situation has to be taken accountable by this!!

And now Suna 🥺🥺🥺🥺🥺 bruh im just gonna cry... Everything he does just makes me heart swell i feel so cozy when i read his parts like how sweet and present he is I- bruh I never had that... Actually seeing y/n breaking up with him when shes clearly falling in love with him just breaks me cause Girl for real Suna would be there for you... I get it shes afraid and shes acting on that fear but girl... Pls he truly loves you deeply not everyone is like your dad. There are happy endings. There are good people Sunas one of them pls 🥺🥺🥺 also MY LOVE TSUMU BEING A SUPPORTIVE FRIEND EVEN THO SUNA GOT THE GIRL BRUH TSUMU I FUCKING LOVE YOU MY CHILDISH YET ADORABLY SMUG BOY 😭😭😭😭😭

Nagisas a bitch btw ✌️ so far i see no redemption not excuse in what she did so far. I get her reasons but that does NOT excuse her behavior. She has to lash out at her cunt of a dad not at a innocent woman who was also a victim all along. Nor even her half sister. I get her mentality behind this but doesnt excuse her behavior at all- its basically the same as being a victim from a bully and playing bully after aswell.

Overall YOU MADE ME CRY AGAIN SUKI! I LOVE YOU SO MUCH FOR THIS BUT ALSO UGH MY HEART SUKI!

[ from suki ] 

BROKEN RECORDS IS UR FAVE SERIES??? babe pls you’re gonna me cry !! nah nah fr his dishonesty caused all this mess. YEAHA SAKLAA tbh I love mama lucy but her words of ‘atoning for their sins’ or her mindset of ‘we don’t deserve to be happy when we’ve hurt others’ really messed up YN. she was only 21 and vulnerable with all the shambles happening in her family + the sudden assault from nagisa, that when her mother said those words, she struggled to let go of it. to her, it became like a final verdict that dictated how she lived her life.

SUNA URGHHH PLEASE GIVE SUNA A CHANCE HE HAS PURE AND GOOD INTENTIONS BUT I CANT BLAME HER EITHER AHSJAKA. and the comparison of nagisa being a bully’s victim only to become the next bully is true. nagisa should lash out at their shitty excuse of a father. ALSO AAAAHH THE NEXT CHAPTER (007) IS WORSE AHSJKAAL

[ from the ask ] BROKEN RECORDS ; track 005

I know shins attractive I mean mans perfect?? Does he even have any flaw?? And the way he cried when he got his jersey MYGOD FHDHFHFJSKS but I still look at him and im like.... Hmmmm nah i wouldnt date him its just not my... Do i dare say type? Cause i dont think i have a type ghfhfisofbd but like I just 🧍‍♀️

I love him i just dont love him i guess

The makeout scene tho ill give you that 🥵🥵🥵 made me bark (i would still walk out next day like was a good fuck kita byeeee🚉🏃‍♀️💨)

... More drama regarding mari... And you said this will have like 10 chapters... And from 8 on will be angsty.... 🙂 *traumatized noises*

[ from suki ] 

YUUHHH KITA IS PERFECT HERE AHSJKAA IDK MAYBE ITS MY SIMPING FOR NAOYA CONVERTED TO KITA ALREADY BEING PERFECT AS HE ALREADY IS AND I AMPED IT UP BCOS THE SIMP MODE IS ACTIVATED AHSKAA. the make out scene !! pls sir i’m on my knees spare some love in ur heart AAAAAAHHHHHH. also. i assure you. businessman! kita got game. he’s gonna make you walk funny if you give him the chance HSJKA

yeah i just finished writing the outline for track7 right now and the drama is HSJKAA it gave me a headache sobs 

[ from the ask ] BROKEN RECORDS ; track 006

I want to give you my usual thoughts on the new chapter and at the same ahm...

I just saw myself on Suna... Deeply....and it kinda slapped me harder than i was expecting...there were too many things from him giving himself to mari/treating her like he wants to be treated... To deleting his best friend from social media thanks to his girlfriend... And it really hurt me ahah..

I would vent but.. Yeah

But yes this chapter i saw myself in suna and i had to take quite the long breaks cause it was getting to me 😅😅😅 also if anything i learned from my experiences is that MARI SCREAMS RED FLAGS and even Osamu can see that pls

I would honestly end Mari there, i wouldnt even bother to just retort i would walk my way into to the damn apartment and fucking take Suna for myself cause Mari does not deserve him. Shes manipulative, and in a way abusive.. Not allowing him to keep contact with his best friend his a total redflag and o know its because Suna had feelings for y/n and vice versa but Suna never gave het a reason to distrust him.

The moment he said he was best friends with y/n and was single she immediately clinged himself to him and for what? To then dump him like he was trash...

He gave himself to her, he proved he was there for her he even took her back this boy deserves the fucking world and its not Mari...

I kinda want to say it's not y/n at this point either cause the way she broke his heart was kinda the same Mari did.. Y/n disregarded his feelings and just broke it up.. Mari disregarded his feelings abd broke it up... But y/n stated from the very beginning that she would eventually break up Mari just shrugged and didn't care so i can in a way forgive y/n i cant forgive mari

Besides y/n was supportive from the beginning while Mari was obsessive and controlling.

Another really insanely well written chapter as usual (albeit this one making me ball my eyes off harder because yeah) but yes~ eagerly waiting for the next one~

Take your time tho 😌🙌

Mari can go fuck off 💗💓💞💕❣️❤️🧡💛💚💙💜🤎🖤🤍💯💝💖💋💅

Suna x y/n pls

Y/n deserves to have a healthy love life with someone she loves (hence why npt Kita) and loves her back

And Suna deserve the fucking world and be treated right

[ from suki ] 

NAHHHH cuz when you said suna was treating mari the way he wanted YN to treat her... that’s right. on point. they’re all so complicated sobs. MARI IS A WALKING RED FLAG THAT OSAMU CAN SMELL FROM A MILE AWAY. ALSO yes mari is manipulative and borderline possessive when it came to suna. like yeah, let’s be real, she could tell a long time ago that suna was in love with YN and it made her insecure / jealous, but the whole time, YN kept her distance. she was supportive over their relationship from afar as to make mari comfortable. suna also did everything he could to make sure she was well cared for. for three years, he was focused on her and only her. he gave love a second chance despite being brokenhearted. suna never mari a chance to doubt because he, too, was sure he could be happy with her.

until mari left him.

and now suna is back with YN because they will always have each other. but honestly,,,if we think about it, if mari never broke up with suna or at least gave him the chance to explain himself - if mari didn’t do the exact thing YN did to suna years ago - he honestly would’ve been really happy with mari. they were going well. like yeah mari has always been toxic by pushing suna’s boundaries and asking him to unfollow his own best friend on social media, but he did it anyway. because he trusted their relationship. he wanted the best for them. 

also yeah, the parallels between mari and YN were intentional !! 

HEHEHEHE THE KITA X YN SHIP everyone loves them im so happy about that bcos kita is so amazing in my eyes. PREACH FOR THAT THO !! SUNA DESERVES THE BEST. SUNA DESERVES TO BE TREATED RIGHT. HE DESERVES THE WORLD AND SO MUCH MORE

thank you for taking the time to send me this, kya, it means a lot to me and it motivates me to work harder on the future chapters !! <33

[love-killed-the-superstar]

i havent been drawing or writing pokemon stuff for ages and im currently too busy to make something new in time for drew appreciation day so i thought id post some wip respectshipping stuff under the cut that i dont THINK ive posted before?? if i have im sorry, im a bit dry on drew content rn!!

for context the scenes are taken from a sequel to my respect oneshot, sparks, set during a pride festival!

Ash slipped his hand into Drew's, and Drew glanced at him rigidly.

“What are you doing?” he asked. He didn't need to look to know that May and Brock had noticed, and were giving each other knowing smiles.

“Holding your hand?” Ash said, as though it were the most obvious thing in the world.

“I know that. Why?”

Ash furrowed his brow. “Why am I holding your hand? We're... well, together, Drew.” It felt weird to say it out loud, and his frown melted into an elated smile. “We're boyfriends. And this is a festival celebrating the kind of relationship we have. Isn't this the best time to do it?”

Drew's cheeks began to burn under the unspoken pressure. Of course, he liked to touch Ash in private, hold his hands and cup his cheeks and kiss him, but public displays of affection had never been his thing. Giving out roses was different, of course – it was part of the charming persona he put on. He wasn't ashamed of his sexuality, and he certainly wasn't ashamed of Ash; but there was a time and a place for physical affection, and in the middle of a crowded street wasn't what he considered an opportune moment.

“We... we don't do this out in the open, Ash,” he reasoned. Ash shrugged.

“If you're sure.”

Ash dropped his hand, and at first Drew felt relief. But just moments later, he realised how cold his hand suddenly felt without the familiar warmth of Ash's.

With a huff, he grabbed it back.

“Jerk.”

...

“I'll only enter this contest if you enter the battle tournament.”

“Like hell. I don't get my kicks from raw power battles, sorry.”

“And I don't get my kicks from showing off how pretty my pokemon can be, but I'm willing to compromise. This is like, a couple activity. You know, so we can bond.”

“You know contests are about so much more than beauty, Ash. For the record, they say it's healthy for couples to not do everything together.”

“And we don't! We hardly see each other when we're travelling, so this'll be a special occasion!”

Ash and Drew were bickering again, as usual, though Brock had to admit it was far more entertaining seeing them argue over trivial matters such as 'couple activities' than having to watch them stew in their own feelings for the past few years. Getting to see them comfortable around each other was refreshing.

“Look, battles aren't romantic – contests aren't romantic! It's about you and your pokemon, not about you and your pokemon and your annoying boyfriend and his pokemon.”

“But I already told my mom we'd be battling together! She's recording it!”

“Your mother needs a new hobby that doesn't involve snooping on our relationship at any given moment,” Drew quipped, but he seemed a little less defensive at that. “She's really gonna be watching us?”

Ash patted his shoulder. “I told you she's trying to be supportive. She was excited when I mentioned the festival to her, actually. She asked me to pick her up a souvenir, like a badge or a wristband or something? And she was all, 'tell Drew I said hi!' so... yeah, she said hi.”

“And you're only mentioning this now.” Drew threw up his hands in exasperation. “Didn't it cross your mind to tell me earlier?”

“That she said hi?” Ash quirked an eyebrow. “My bad? Look, she asked me to call her tonight. If you want, I'll let you listen in.”

Drew clasped his hands together. “Maybe I'll... say hi back,” he said, licking his lower lip nervously. Ash grinned.

“You know, I think she'd like that.”

“This is heart-warming and all,” Brock smirked, finishing the last of his coffee, “but if you guys don't hurry up and compromise, you'll run out of time to sign up.”

And with that, their bickering was back to square one.

...

Delia's face appeared on the screen and she smiled warmly.

“Well hello there, Ash! Are you enjoying the festival so far?”

“Oh yeah! It's amazing. I never knew how big Sinnoh's gay community was until now.”

“Well, I'm glad you're having a good time. You're participating in the tag team battle tournament tomorrow, right?”

Ash's face fell slightly.

“I don't know. I was meant to be taking part with Drew, but he isn't so big on battling, so we haven't signed up yet.”

“Well, I'm sure you'll work it out,” Delia said with a sympathetic smile. “And how is Drew doing? Did you tell him I said hello?”

Ash's eyes lit up.

“Yeah, he's doing great! Actually... he talked about saying hi back. If you wanted to speak to him.”

Delia blinked in surprise.

“Oh, he wanted to talk to me?”

Ash smiled consiprationally.

“He'll never admit it to me but he really wants to make a good impression on you, Mom.”

Her cheeks were pink with pride and she chuckled lightly.

“Very well, hand him over.”

Unsurprisingly, Drew stepped out from just beyond view of the camera – Delia realised he was listening in the entire time, but decided to keep this revelation to herself for the time being.

“Why hello there, Drew. I suppose this is the first time we've talked since you two made the announcement.”

He nodded sheepishly.

“Yeah. Um, Ash and I don't travel together often. We parted ways after the visit, so... yeah. You're looking well, ma'am.”

“Oh please, call me Delia,” she said with a dismissive wave, then smiled. “I'm so excited to see the two of you compete in the tag battle tournament tomorrow!”

If Drew had been on the fence about it prior, he certainly wasn't anymore.

“Yes! Uh, we're looking forward to it, aren't we, Ash?”

Ash, looking both flabbergasted at the turn of events and also ecstatic at the news, nodded hastily.

“Yep! That's right, and the day after we're entering the pride contest! Since we're trainer and coordinator, we thought we'd do both!”

Ash grinned at his mother (mouthing how did you do that?? towards her) and she gave him a knowing wink in return.

“How wonderful! I've heard your coordinator skills are marvellous, Drew! I'm looking forward to it. It's a shame I couldn't be there in person.”

“Not sure this is your kind of scene, Mom,” Ash said with a laugh. “But it's been great! I got you a wristband, it's rainbow like a pride flag!”

“How sweet! Did you pick one up for Mimey too?”

Ash beamed and fished a pair of wristbands from his pocket.

“You know I did! Nothing but the best for you guys!”

“Mimey's been so excited for you too, dear. We'll wear them with pride!” She giggled at her own joke, and then clasped her hands together.

“By the way, you two, I was wondering how you would feel about the three of us sitting down for a meal in Pallet Town after the festival.” Her gaze flickered between the two of them. “You know, so that Drew and I can get to know each other better.”

Ash found the scar on the end of his ring finger suddenly very interesting to stare at.

“I don't know, Mom. I mean... maybe the timing isn't-”

“Sure, Mrs – uh, Delia.”

Ash glanced up in surprise at Drew, whose facial expression didn't give away his nerves like his shaking hands did, carefully out of Delia's view.

“Drew, you mean it?”

“Of course.” He offered Ash a quick smile. “Delia, I look forward to visiting again.”

“Wonderful!” Delia clapped her hands together and beamed. “Well, boys, I have to be going, but I'll be taping the matches! Good luck, both of you!”

The moment the call ended, Drew trudged back up to the rooms and headed over to his bed, flopping down rather ungracefully face first. Ash perched on the end of his own bed.

“Your mom is nice,” Drew said after a while, face emerging from his pillow. Ash chewed his lower lip.

“She means well, she really does want you to know each other now we're dating, but... we don't have to do this dinner if you're not ready for it.”

Drew opened his eyes to peer at Ash incredulously.

“What? No. I didn't just agree to it because your mom was giving me the same look you give me when you want something. I'm ready for this, you know? I want your mother to like me. I want to know the person who helped make you who you are.”

He took a deep breath.

“May finding out about us... it opened my eyes. For years I worried about what people would think of me if they knew. Then I realised, the world isn't one big contest. When it comes to who you are, the only one whose judgement matters is you.”

“Drew...”

“You mean a lot to me, Ash. I want to be a part of your world, and I want to introduce you to mine.”

“You sap.” Ash moved over to Drew's bed and rested his head against Drew's shoulder. “I'd really like that, though. I know our journey has been pretty rocky, but I just love being around you. And now we can be open about it, I've gotten so excited.”

Drew pressed a kiss to his forehead, and grinned.

“Now who's the sap?”

[positive-lesbian-vibes]

I recently found out that I'm a lesbian (I realized I don't like men at ALL) and I'm femme, but sometimes it bothers me that people might not know I'm a lesbian. Is there any way I can still be femme but dress in a way that Fellow Gays would be able to recognize me? (I realize that stereotypes don't matter- I'm just asking in case there's any advice you can give. If there's anything ignorant I said, please let me know, because I'm still pretty fresh to this. :) )

this is a thing! it’s called flagging, its dressing in a particular way in an attempt to signal to other wlw that you like women!

i can super relate, people never even entertain the idea that i might not be straight, and it can be hard to meet other women when you dont even come up on their radar

before i get any further, i should give a quick disclaimer: there is no one way to “look gay,” and you dont have to conform to any sort of fashion standard to be a part of the lesbian community. if you’re a lesbian, then congrats! you look like a lesbian! but sometimes other people don’t say it that way, which can be disappointing. so i get it. i’ve been there.

there is a lot of stuff online for flagging, but some basic things that a lot of women do to signal that they are into other women are very femme-friendly, although there are certainly ways to “look gayer” that might not suit your style

I have a “how to look gay” tag but knowing tumblr, i cant imagine any of my posts on it would come up with a search, so here are my hot tips!

some common (but sometimes used by straight girls) things would be:

 a flannel, i prefer mens because they are softer and warmer, but tying it around your waist can be a nice femme touch, although i will layer with flannels too.

you can double-denim/canadian suit it up. one way i like to do this is with like a black denim pant and a loose denim shirt or jacket over the top of a t-shirt. if double denim is too tacky for you, splitting it up into two separate-looking denims can help. but theres nothing wrong with a tacky denim get up!

things like undercuts or sidecuts, with one section of your hair buzzed short. may not be your style, but definitely gets the message across if youre into it

asymmetrical piercings. i have a double cartilage in my left ear but nothing special on my right. i hear industrial bars are a big thing, too. nose rings can be pretty hit or miss, i tend to believe they are gayer than other people do imo. but i have a nose stud so... i guess i cant really talk

in the same vein, tattoos. this one is also pretty hit or miss, because there are PLENTY of straight people who like tattoos (tats are cool, who can blame them) but i always think twice when i see a girl with a sleeve or a shoulder tat.

less conventional makeup. it doesnt even have to be too out there, but maybe like, you just dont wear foundation, or only do lipstick, or go really bold with your brows. my first term at college i saw a girl with really bold brows, a couple face piercings, and a flannel, and i just. Knew she was into women

boots. they dont have to be combat boots. but combat boots are pretty gay. people usually say wlw dont wear heels, but i know some who do.

accessories. this is a big one. i know a lot of lgbt people who are big on the rainbows, like rainbow bracelets, earrings, headbands, belts, pins, buttons, etc. generally i feel a little too loud with big rainbows all over my body, but there are other options! i like the interlocking venus symbols as a lesbian symbol, as its a bit more subtle but also relatively recognizable. i have two interlocking venus symbol necklaces, and a hat with a little rainbow on it. some lesbians like the labrys from the labrys flag, but it doesnt really seem as recognizably gay to me 

theres definitely a quirky kooky femme fashion niche that i (sadly) cant say im a part of, but a bunch of femmes like to dress kind of tacky. there’s a big joke about “tacky lesbian fashion” because lesbians can be known to wear some interesting combos, like crocs with a skirt, etc, but this can be dressed up, too. louder prints that might not be too appealing to the average straight man OR woman can be a subtle way to give off vibes

hats. the classic beanie. even in the year of our lord 2019, i know nary a straight girl who would dare don a beanie. its just so classically lesbian. but you can opt for a baseball cap or bandana, too. backwards hats? very gay. my belief is that this stems from the classic lesbian pastime, softball.

dyed hair. usually unconventional colors. this one can go both ways, too. pastels tend to be “less gay” but that doesnt mean there arent lesbians out there rocking some pastel pink hair. streaks or an ombre of a bright or non-natural hair color give off vibes. the ends of my hair have been purple on an off since i was a freshman in high school.

the way you carry yourself. this one isnt a way of dressing, yeah, but it can be just as effective. my gaydar tends to go more off behavior/body language than appearance. it obviously isnt 100% (none of flagging ever is) and takes some practice, but I’ve generally been pretty good at figuring out if someone is gay from interacting with them. it isnt instant, takes practice, and can easily be wrong, but its usually my method of choice. unfortunately, this method almost NEVER gets the point across the straight people, who tend to think if you have long hair then there’s no WAY you could be a lesbian. body language to look out for: not sitting in chairs properly (a meme that reflects reality) like “manspreading” but as a woman, generally more confidence/self-assuredness, focusing more on women, being less “meek” and more “aggressive” with taking up space, accommodating for women’s comfort but not for mens, disregard of the male gaze, that sort of thing.

lastly, all of these things are just suggestions of how to “look gayer” based off stereotypes, some of which were played up by the lesbian community in an attempt to find each other. you dont have to change how you dress, act, look, or anything else to be a real lesbian or to “look” like a lesbian, because there is no one “thing” that lesbians look like. some of us dress to stereotypes, and some of us dont, but we are all lesbians at the end of the day, dressing and looking the way you feel most comfortable should be the goal. if that includes some things on this list, great! if not, thats fine too! you don’t have to do everything. just the stuff you feel good about

[ellerevelle]

okay so im feeling crazy and detached again (as usual lately)

but instead of spiraling into absolute fucking panic, I’m deciding to take today to just ... not wholly subscribe to this manner of thinking BUT. JUST FOR NOW. I feel like taking some of the craziness flack off myself and blaming it on some shit outside of myself. Because feeling this weird and detached cant all just be me. So here’s a brainstorming of whats got me fucked up, in no particular order: 

Trump is our stupid President

That guy who told me he loved me daily and asked me to be his girlfriend after basically living with me immediately after meeting me and I fell for hard despite a ton of red flags CHEATED on me while I was away visiting home. 

And then blamed it on MY bad communication? fuck that guy. 

But now I see one of the girls he slept with (multiple times, three days in a row) I see her everywhere all the time in everyones instagrams, at everyones parties... ugh. 

Um. People are dying. Close to me. More importantly and spefcifically women I love are dead. 

I didnt get to see Inga before she died. I was too busy forging a relationship with CHEATER GUY. Didnt get home in time to see her. Talk to her. 

Grandma. This has been the whole first year without her, come November. Its subtle, but terrible and I hate it. She was my last matriarch. The last woman who’s blood is in me. 

because Mom’s dead too. And has been since August of 2015. 2015, right? God it feels like forever ago now, probably because I’ve pushed it away. She died unexpectedly and NO ONE IN MY FAMILY HAS SAID THE WORD SUICIDE OUT LOUD even though thats what happened. She OD’d on prescribed opiate painkillers to escape her depression. And we NEVER talk about it. 

So I kindof feel insane. Not talking about things that are clearly there. Like, are they not clearly there for anybody else? Now all my women are gone. My brother literally avoids talking about feelings. My dad is a little more receptive but is more the comforting type than the forthcoming, express onesself type. Getting sentimentality out of my brother is like pulling teeth sometimes. But yet if his son does something cute, its God’s Work and he cant help but cry and get that beautiful lovie squishy look on his face. 

I’m jealous of my own nephew. I see the way my Mom loved me, in the way my Brother loves his son. And I miss being that perfect to somebody. My Dad loves me forever and always and there isnt a word for how grateful I feel for our relationship. I dont take that for granted at all. It actually kindof scares me because... hah, well what if Dad dies? Like, before I’m ready? I’ll be even MORE fucked! 

Anyways. Austins been pissing me off. I’m sorry but although Polyamory is possible and cool and im sure quite beautiful for many, 

The Austin poly scene is fucked and tainted and a bunch of slutty people having orgies and not TALKING about anything and its ruining the healthy vibe poly is incumbent upon. 

So, whatever I’m angry. So fuck that noise. 

I feel like because of cheater guy and my anger at the psuedo poly orgy sexy bullshit scene in Austin, I feel like I’ve broken up with a whole group of friends. Like, I dont want to be around any of it. I dont want to see you eat mushrooms and twerk. I dont want to see your stupid, super naked outfit. I dont think its hot you carry a flogger or can pole dance or slink around like a tarantino character. It used to be hot and thrilling and fun, when I felt like it was connected and for love and sharing and caring. But now it all just is slutty and vapid and useless and cold. Like a sad clown. And thats not sexy, its dark and desperate. *this is about both VERY particular people and broad general strokes. There are several extremely amazing friends in the scene and outskirts thereof that truly inspire me and dont fall into this catagory in my mind, although they’d probably still be angry with me for dissing things ^^ the way I just did but. fuck it, this is MY journal entry and I can be irrational if I want to. 

You cant be open fucking minded ALL the time. Sometimes people really arent acting with anyones best intentions but their own. I’ve used up SO MUCH FUCKING ENERGY making myself soften and open and “woke” and trying to go with everybodys flow. And I’m exhausted and over it. I have my own principles and theres nothing wrong with having differing opinions than someone else. 

All summer I’ve been feeling like I’m a bad person for not liking or not understanding this hyper sexual scene in Austin. I thought, “why am I shaming a scene thats giving me opportunity to really shine and be free?” when, in an IDEAL world, yes thats what the scene could be. But in what actually fucking unfolds -- humans SUCK and dudes SUCK and girls SUCK and everybody (especially when horny) are fucking STUUUUPIIIIIDDDD and ideals get thrown out the window! people arent nearly as “woke” as I gave them the actual credit for. Seriously. So! I’m fuckin OUTTIE! 

I’ve felt broken up with a whole scene. FUck cheater guy, fuck poly, fuck orgies, fuck people who are reckless with my love. 

Back to the list:

I’ve been eating too much out of boredom. Which I’ll blame on lack of quality social interaction in this town. Where are the scholars? Where are the sexy edgy BRAINY people? I’m tired of hot people in little clothing in the summer. 

Ah! Another thing for the list. its been TOO FUCKING HOT OUT. FOR MONTHS. 100 DEGREES FOR MONTHS. thats enough to make anyone insane. 

So i’m sick of teenie boppers in their nothing outfits in the heat. 

I want old smart people in peacoats. I miss books and weather and frowns. Irritable debates about literature or physics or religious theories. 

I only like my own brand of cigarettes. 

My roommates are annoying me. I dont really like my house anymore. Theres too many humans and not enough square footage. Four people to one kitchen is TOO MUCH SHIT. EVERYONE BUYS THEIR OWN BANANAS AND THEY ALLLLLL GO BROWN ON THE TABLE. thats four peoples worth of bad bananas. FUcking stupid. 

I dont have a hairdresser here. Sometimes when I feel shitty I like to throw money at the problem. Buy something. Get a haircut. See a show. Etc. 

And my hairdresser love is in Philadelphia and getting a flight to get a haircut is slightly insane (without a longer visit)

I miss Adam. 

What else can I blame my upset on. Shitty politics, shitty weather, shitty social sexual scene in my town, I dont like my house, I dont like my hair. Its too expensive to live here. No one in my immediate acquaintance or friend circle seems interested in the sort of romantic relationship I’m seeking, nor if they did does anyone have the “it” factor I look for which I’ll *try* to describe maybe in another post. 

So. I sit inside my room and try to fix stupid remedial things as if itd make a big impact. I tidy and put away clothes in attempt to feel less cluttered but am too scared to make BIG cuts and BIG changes. So instead I light insence and watch netflix and eat too much. I have started going to Barre3 again more and have been semi regular with therapy so thats something. 

I really ought to start doing “morning pages” like the book Fiona loaned me suggests in its FIRST GODDAMN CHAPTER. But, alas, I am lazy. 

No, I have become recently lazy. 

I’m spoiled. I dont do things I dont want to do. Its a major character flaw. I only push and struggle if I see worthyness in it, and lately theres been serious lack of evidence of that in, well, anything.

 #depression! 

so, I guess in summation- because nothing has been a WORTHWHILE struggle, EVERYTHING feels like a struggle. Humph. thats... thats not good. But it does, because i dont see the worth in a lot of goals or tasks or even relationships, (and i dont mean the greedy “what can I GET for ME out of this!” sort of b.s.) (I mean the... conserve precious energy, is this going to teach me something or help me grow as a person or bring love into my life sort of vibe) ...

when I dont think the energy expenditure is going to pay off, I dont do it. Or I do it half way or lazily or with tentative fear. I guess I could do an experiment and just do everything with HOPE and see if my energy put in will get a different result... but. like. I feel like I did that all summer and he cheated on me. And my “friends” said “dont be angry, be poly” and I couldnt call on my Mom or Grandma and so I call on eating and isolation and running away to visit home where no one cares I dont have a job. where the house is big and the air is cold and my friends are smart. 

I really miss Kristian. That was one of the greatest feelings of self love in my entire life. I felt like, if someone that special noticed ME. Saw ME. Little old, semi chubby, not famous ME, and wanted me around for a couple tour dates. Then I ought to believe in myself TOO. I wanted to dance, I wanted to make art, I wanted to take photos, I wanted to be bold, I wanted to be humble, I felt so open and content with myself. I was motivated to work out, I was motivated to eat healthy and clean and small portions. It was easy. It felt so fun. I loved him. I dreamt big. My imagination was so warm and excited. My inner critic was GONE. 

But he faded away. He got back with his ex. The shooting star left the sky. I’m still grateful for the experience at all, but. 

I feel a little stupid for thinking anything could’ve happened. 

And I truly miss feeling so special and excited about life. 

I dont want to run away from Austin out of fear. But I cant tell if I’m unhappy and want to leave genuinely, or if this is the spoiled part of me thats like, “this sucks, lets leave.” instead of pushing though, curating something better with some struggle, and sticking it out. 

How do people make big life decisions like this? I feel like thats what marriages do. People stay together and fight. But sometimes they get divorced anyways, its just been longer. More years wasted. When maybe it wouldve been healthier to leave sooner and cut the cord and be free to live without, sooner. 

I really like a lot of things about this city. But I really dislike a lot too. And I cant tell where I want my life to go, in a grand sense, so its hard to pick which attributes will matter in the long run. 

I dont think I should leave yet. Maybe a new house. Or like, serious efforts to declutter this one. Is this just excuses? Ugh. 

Declutter this house. If that doesnt feel better, leave the house and move to a new part of austin. If that doesnt feel better, leave austin. 

I need a job. 

[thewritingstar]

98 that’s a lot of questions I wonder if you could answer them all 🤔🙃

*Deep sigh and putting my hands together* BOI IF YOU DON’T THINK I CAN ANSWER ALL THESE BITCHES!! YOU COME INTO MY ASK BOX AND TELL ME “i WONDER” HOE DON’T WONDER ANYMORE. 

don’t come for me like this anon.....here ya go. 

smh

i answered all of these and it took forever so yall better read this shit

enjoy bitch

--

1. coffee mugs, teacups, wine glasses, water bottles, or soda cans?

-Mugs

2. chocolate bars or lollipops?

-both im a sugar addict

3. bubblegum or cotton candy?

-bubblegum

4. how did your elementary school teachers describe you?

-prob either really quiet or really loud

5. do you prefer to drink soda from soda cans, soda bottles, plastic cups or glass cups?

-I hate soda

6. pastel, boho, tomboy, preppy, goth, grunge, formal or sportswear?

-I really like pastel and goth styles

7. earbuds or headphones?

-earbuds

8. movies or tv shows?

-Both

9. favorite smell in the summer?

-Vanilla

10. game you were best at in p.e.?

-Flag Football (stealing the flags) and badminton

11. what you have for breakfast on an average day?

-dont really eat in the mornings but prob granola bar or left overs

12. name of your favorite playlist?

-Shower lol

13. lanyard or key ring?

-lanyard

14. favorite non-chocolate candy?

-Sour gummi worms..that shit is CRACK

15. favorite book you read as a school assignment?

-Great Gatsby

16. most comfortable position to sit in?

-apple sauce or on one leg

17. most frequently worn pair of shoes?

-all black converse

18. ideal weather?

-warm and sunny

19. sleeping position?

-stomach, side, in a ball

20. preferred place to write (i.e., in a note book, on your laptop, sketchpad, post-it notes, etc.)?

-Laptop or phone

21. obsession from childhood?

-My little pony, littlest pet shop, Disney, elephants, Chinese food

22. role model?

-Tara Strong, Walt Disney, Francis Dominic 

23. strange habits?

-tugging my hair, biting my nails, wiggling on my heels like a penguin and going up stairs on all fours (when im home)

24. favorite crystal?

-answered

25. first song you remember hearing?

-American idiot- Green Day

26. favorite activity to do in warm weather?

-Eat 

27. favorite activity to do in cold weather?

-Eat

28. five songs to describe you?

-idk Cartoon theme songs lol

29. best way to bond with you?

-make me laugh or talk about disney

30. places that you find sacred?

-Flower gardens

31. what outfit do you wear to kick ass and take names?

-anything with my high heel boots

32. top five favorite vines?

-Road Work Ahead, Oh my god he on X Game mode, What the Fuck Richard, This house is fucking nightmare!, Happy one year babe! Im 27. 

33. most used phrase in your phone?

-YEET, Yall and bitch

34. advertisements you have stuck in your head?

-Stanley Steamer, The First5California.com song 

35. average time you fall asleep?

-now its 12 am -1 am... use to be like 10pm

36. what is the first meme you remember ever seeing?

-oh god that was so long ago i dont even know but it was one of the first ones like pepe or some some

37. suitcase or duffel bag?

-suitcase

38. lemonade or tea?

-raspberry ice tea

39. lemon cake or lemon meringue pie?

-dont like lemon in my desserts 

40. weirdest thing to ever happen at your school?

-A condom was thrown on my desk in french class (it was unopened thank god)

41. last person you texted?

-my mom

42. jacket pockets or pants pockets?

-Jacket pockets

43. hoodie, leather jacket, cardigan, jean jacket or bomber jacket?

-HOODIE

44. favorite scent for soap?

-Vanilla or tropical

45. which genre: sci-fi, fantasy or superhero?

-Superhero

46. most comfortable outfit to sleep in?

-Big shirt and no shorts (underwear obvi)

47. favorite type of cheese?

-I fucking hate cheese

48. if you were a fruit, what kind would you be?

-Strawberry or Lemon

49. what saying or quote do you live by?

-Its always fun to do the impossible- Walt Disney

50. what made you laugh the hardest you ever have?

-For my birthday my friend got my a “Sorry for your loss” card and i cried for 30 mins

51. current stresses?

-um everything..college and being the only snacc in my household

52. favorite font?

-comic sans

53. what is the current state of your hands?

-Still have both of them

54. what did you learn from your first job?

-That people are assholes 

55. favorite fairy tale?

-Disneys Rapunzel 

56. favorite tradition?

- My grandma got all the grandkids pjs on Christmas eve every year and we would wear them to sleep 

57. the three biggest struggles you’ve overcome?

-Anxiety, Depression (sorta), Dropping my churro on the ground at Disneyland

58. four talents you’re proud of having?

-Quick Wit, Art abilities?, Standing on my head and making weird ass noises

59. if you were a video game character, what would your catchphrase be?

-Already answered

60. if you were a character in an anime, what kind of anime would you want it to be?

-A really cool and cute magical one!!

61. favorite line you heard from a book/movie/tv show/etc.?

-From Once Upon A Time, honestly they ave the best quotes. “So when I win your heart, Emma- and i will win it-it will not be because of any trickery, but because you want me”- Killian orrrrrrr He smells like forest”- Regina

62. seven characters you relate to?

-Juvia (FairyTail), Star (SVTFOE), Mabel (Gravity Falls), Maybec (Kingdom Keepers, sassy and artistic), Bubbles and Blossom (PPG) and Belle (beauty and the beast)

63. five songs that would play in your club?

-Boyfriend: BTR, Dancings not a crime: Panic!, Bang bang: Jessie, Ari and Nicki, Read you, wrote you: Drag race lol and Busted from Phineas and Ferb because I can

64. favorite website from your childhood?

-Webkinz, PetPetPark (STILL SALTY ABOUT IT) Club Penguin, Build a bear, Poptropica, i played every game yall

65. any permanent scars?

-only emotionally 

66. favorite flower(s)?

-Roses and water lilies..and every flower cause they pretty.. oh Dahlias too

67. good luck charms?

-petting my dogs. 

68. worst flavor of any food or drink you’ve ever tried?

-Mango anything or Cherry. I hate cherry flavoring. 

69. a fun fact that you don’t know how you learned?

-I have a great memory so i usually remember how i learned it, but.. Did you know that the water on the Jungle Cruise in Disneyland is 3 feet deep and dyed brown? Plus the water in all the parks is a special mix that doesn't contain chlorine because alot of people are allergic so its safe to touch? (learn from a disney doc)

70. left or right handed?

-right

71. least favorite pattern?

-those ugly ones on leggings.

72. worst subject?

-Math or english (haha and i like to write)

73. favorite weird flavor combo?

-Grapes and teriyaki sauce. if they on the plate. ill just dip them in. I have an addiction to teriyaki sauce. 

74. at what pain level out of ten (1 through 10) do you have to be at before you take an advil or ibuprofen?

-I dont take any unless I have my period and my cramps are usually at a 10 so i try and take it when they at a 5

75. when did you lose your first tooth?

-when i was young 

76. what’s your favorite potato food (i.e. tater tots, baked potatoes, fries, chips, etc.)?

-I LOVE potatos: Fries and mash are best plus baked. I HATE chips thou

77. best plant to grow on a windowsill?

-Any bright flower or ivy

78. coffee from a gas station or sushi from a grocery store?

-coffee, dont like sushi

79. which looks better, your school id photo or your driver’s license photo?

-AHHHH my license is soooooo bad. I had strips of red in my hair (got it when i was 15-16) and i didnt know they took your pic at your permit test. Its awful. School is def better and my senior photo pops. 

80. earth tones or jewel tones?

-Jewel

81. fireflies or lightning bugs?

-Fireflys (arent they the same?)

82. pc or console?

-Console 

83. writing or drawing?

-Both but im better at writing

84. podcasts or talk radio?

-Podcasts but I dont listen to alot. 

84. barbie or polly pocket?

-I played more with Littlest Pet Shop and My Little Pony lol (i have 400) prob Barbie thou

85. fairy tales or mythology?

-oooooooofffff cant decide

86. cookies or cupcakes?

-oooooff i love both but cupcakes

87. your greatest fear?

-wasting my life away.....or heights...certain bugs

88. your greatest wish?

-to be happy and have all my dreams (life, job, romance,etc) happen. Plus going to every Disney Park in the world.

89. who would you put before everyone else?

-Depends on the situation but sometimes you need to take care of yourself before others. If you arent doing good, how the hell you suppose to take care of others. 

90. luckiest mistake?

-hmmm idk being born

91. boxes or bags?

-depends on what im carrying but prob bags

92. lamps, overhead lights, sunlight or fairy lights?

-I love fairy lights

93. nicknames?

-any mispronunciation of my name, Dean, Big D (yes people call me this), Star, Sassafras and some more that yall dont get to know :) You can give me a nickname if ya want

94. favorite season?

-Spring and Summer

95. favorite app on your phone?

-Tumblr, Snapchat, Tsum Tsum 

96. desktop background?

- Its items from super mario and mario kart

97. how many phone numbers do you have memorized?

- Eight

98. favorite historical era?

-oof im a history buff but I do love Greek and Roman because I love mythology...Maybe even 1800s.

hi if you got to the end of this then I love you and for proof leave me a 🐰

[ghoulstars]

im only posting this bc i desperately need to exorcise this thought somewhere bc it wont fucking leave me alone

those of you who know me personally or follow my instagram know about this but for those of you who dont: in a horrible turn of events, our plan to put down our geriatric yellow labrador retriever dixie was unfortunately and unexpectedly doubled today to having to put down our 3 year old engam bulldog, bean, as well

when we got him in mid december, 2015 he was barely out of puppyhood, we found him wandering around near the highway at our local gas station with a collar and no tag, trying to jump into two out-of-towner girls’ car. my stepdad intervened bc they couldnt take bean with them obviously, and brought him home instead.

we put up lost dog flyers everywhere all over our very small city, in an attempt to maybe see if someone would indeed come forward for their dog. we knew he wasnt just a stray because of his collar.

almost right off the bat, we were told by a woman who worked at the gas station that there was a man who lived in the trailer park just across the road, located behind the pancake diner. you can see it from the gas station parking lot. she told us that he had a lot of dogs that he typically kept chained up outside in poor conditions, and beat them regularly. to us? it seemed totally reasonable that that must’ve been where bean came from, given the fact he was a dog and we found him literally less than 50 feet away from where this fucking man lived.

no one came forward to claim bean. we kept those flyers up for months, we only put them up to begin with knowing he may have been thrown out by (or escaped from) this disgusting man just because there was the possibility that it wasn’t his dog, but someone else’s. as well as the potential for legal intervention if this fabled abuser found out we had technically stolen his dog (and full disclosure, fuck him for what he does, i hope all his dogs get stolen like they need to be, i myself was not fond of the idea of just giving the dog back to this creep if he was indeed the owner but i was only 16 at the time so there wasnt much i could do)

with no one claiming bean, after those months passed, we decided that he was ours now. flyers were taken down, we gave him his collar and nametag, to be real he’d already been named by us in the first few days we had him. he was going to be ours no matter what; my mother always told me its a rule that if you name a stray, and do it quick before anyone can object to keeping it, it’s yours now. that’s your pet, with it’s new name.

so we carried on with our lives, now having not just one dog, but two. it was a bit iffy with my stepfather keeping bean since we didnt technically need to manage two dogs at the time, but we still did it anyways because we loved him, the little bean man.

but here’s where my problem lies and this is why im writing this now: as time went on and we continued to have bean as our pet, some stuff about the original suggestion that he belonged to an abusive older man who lived in close proximity to where we found bean wasnt adding up

due to dixie’s failing body, she would sometimes lose control of her bowels inside the house, which was becoming unacceptable when she stayed in overnight. so, she stayed outside. she and bean bonded, so they stayed outside together too. (and for clarity here, i know what some of you might want to say, but we knew very early on that bulldogs do not do well with heat or isolation. we also know that dixie probably shouldve been put down years ago, but here’s the trouble: my stepfather would not let us euthanize her. she is his dog technically, and the thought hurt him so much that he would not agree to it for YEARS. dixie and bean were too attached to separate them for long periods of time like they would be if we kept bean inside mostly and her outside mostly; that would’ve been cruel in its own special way. we put pools out for bean and visited with both dogs for as much as we could outside, bathed them, put fans out for them in the summer. our only option to give bean the main love and care he needed was, and of course we had other reasons to do this, to put dixie down, which was where we thought we were finally going to be by tomorrow, but thats not what happened, as you can tell)

as to be expected, bean sometimes found his way inside, mostly by applying his american bulldog traits to memorizing when unfamiliar guests would come over and bolt in the house. he did this enough times and very recently we were letting him stay inside instead of taking him back out, and all of these experiences combined, we noticed something: bean was housebroken. he was out of practice with it, and did not know very well how to communicate that he needed to go outside to use the bathroom, but he did know what to do. he would run to the door if he had to go, not always making it, but still, he was housebroken. he only marked furniture once while inside, in his entire lifespan thus far. that was a red flag to us, but especially my mother, who realized this skill of beans directly contradicted the statement that he was probably kept outside, chained up, starved, and beaten by the trailer park guy. not to mention, bean came to us in nearly perfect condition to begin with, just skinny. no patches of fur gone, he was the opposite of skittish and aggressive, no bruises, nothing. just a loving, bouncy, stupid bulldog mix

this, im not sure if im correct about this, but it stands out enough to me that i feel its worth mentioning: bean is not a mutt of any kind, and his breed contradicts those types of breeds most people who abuse animals come to own; usually large breeds, breeds inaccurately known for aggression, and breeds used by abusers to make aggressive bc they know the fighting power of these dogs (pitbulls, american bulldogs, etc). bean is an engam bulldog (english/american mix), which is a very obscure mixed breed dog to begin with and especially obscure where i live, and as we all know english bulldogs are short, stout, fat little things that can basically do no harm whatsoever. they also have a history of inbreeding to look how they do. i know this man may have just seen ‘bulldog’ and snagged him thinking he’d be aggressive, but that does not sit right with me for two other reasons: bean’s conformation (body structure) and coloration. there is nothing about bean that suggests he was bred to be used for fighting, or that he’s a true mutt, or anything of the sort. his body type literally resembles that of show dogs, and his fur coloration is highly unusual because he’s blue. obviously not literally blue but the type of blue-grey you can find in animals, typically seen in cats. bean’s coloration is almost NEVER found in ANY breed of bulldog, it is INCREDIBLY rare that he looks like this. his condition in which we found him, his housebrokenness, his color and his body formation lead, in me and my family’s opinion, to an alternative opinion: he belonged to someone that got him because they wanted a dog as a pet, not to beat, and they either bred him themselves or bought him (probably from a pet store or breeder) for his color and conformation. 

but why would they dump a dog this valuable? my mom said this to me earlier, sobbing after she returned from the vet today, and this is my whole reason for writing this insane fucking novel of a post: whoever dumped bean threw out a sick puppy, and on purpose.

bean hasnt been injured or contracted an unvaccinated illness or anything like that. he had been experiencing extreme stomach distension for the past month, whereas he was losing weight everywhere else on his body. he had also been vomiting. but he wasnt depressed, or lethargic. maybe his personality was a little off but not so much it was horribly noticeable, and at that, he was still eating regularly everyday. we came to the conclusion he had parasites, though ive always been terrified something more serious was going on (i dont get listened to though).

as it turns out, i was right. mom took him in today, the day before dixie was set to be put down, for his deworming pills. what she got instead was a diagnosis of possible lung cancer. his blood work was normal, which is unusual in animals with cancer, but he still had nodules on his lungs that highly resembled cancer. his heart was also severely enlarged due to heartworms, and his stomach was so distended because it was full of fluid and blood. they did send his blood off for labs, but even if his lungs were fine, he was going to die anyway (they got a second opinion from another practice and they also agree it was probably cancerous). he has a 15% survival rate for only the very first heartworm treatment, which will cost $500. nothing lives very long with an enlarged heart to begin with. we don’t have that money, and for a treatment that will definitely kill him? i dont even know why he has so much blood and fluid in his digestive tract. bean, a dog who is only 3 or 4 years old, has an enlarged heart, lung tumors and fluid/blood all in his abdomen. the vet was apparently stunned that a dog this young could have this many potentially (and one definitely) fatal health problem(s).

i now fully believe that whoever owned him before knew he had all these issues, or that he was going to develop them. i think it makes sense. i also think they’re cheap, cruel fucks who didnt want to shell out that much money to take care of him, or pay to take him to a shelter/sanctuary, and so what did they do? they did what many people these days very regularly do when their new pet has become undesirable: they fucking dumped him on the side of the road and booked it. took his nametag off and everything, to make him look like a stray. they left him for some well meaning, animal loving family like mine to find him, not know anything about these preexisting health issues, and assume he’s healthy enough; maybe just needs a few more vaccinations and a worm and flea treatment. he showed no signs of lung cancer or heart problems in all his life up until this past month, and he’s still so young. i will even go as far as to say that he himself may be severely inbred, which could be the cause of these health issues. given his specific posture and color, and that he’s a bulldog, it’d make sense. it seems like he came from some kind of breeder to begin with anyway.

so now that ive said that and got it all out of the way, i want to leave an open letter to the hypothetical cunt that did this to us and bean:

i hope god fucking strikes you down where you stand. i hope every single day of your miserable fucking life, you think about where he ended up, if he’s still alive, if anyone found him, if he ever got hit by a car or died alone of cancer and heart failure in a field somewhere. i hope you feel guilt for leaving him knowing he’d develop cancer and that he had heart worms, and knowing you did it BECAUSE of that. i hope you never fucking forget about the fact that you threw an INNOCENT LITTLE PUPPY out on the highway because you just didnt want to have anything to do with his illnesses, and i hope one day you find out what you did to us and this innocent little boy. he’s such a good fucking dog, he is so patient, kind, loving and gentle, and when he has bursts of energy to play he fucking goes, and now he has to die barely halfway through his lifespan because of your fucking negligence. he is laying outside on the porch right now, uncomfortable with fluids and blood backing up his intestines, coughing and huffing just to try and breathe. at the very least, if he were taken to the right shelter, he couldve been fucking cared for and given treatments to extend his life as much as possible, or at least given hospice care for however long he could live, which has now been shortened to 3 or 4 years. if you yourself knew this dog was inbred or you inbred him yourself, fuck you. i hope you get run over by a fucking truck. this breed can live from 12-16 years, that’s a LONG time for a dog like him, and you had to fucking ruin it all because of your own fucking preferences; you wanted the perfect dog. and you could’ve had him if you’d grown a fucking heart and actually gave a shit about animals beyond how they look aesthetically; as well, if you fucking actually gave a shit about your animals HEALTH and wanted to maintain it instead of apparently assuming he’d just be fine and healthy with all his vaccinations and that’d be the end of it. you do not deserve to own an animal if you dont even want to acknowledge it will sometimes need medical care, how fucking heartless are you? we never had enough money to take care of dixie’s failing health, and we always knew it’d be better to put her down, but my stepdad kept refusing. you had enough money to fucking breed or buy a blue show-quality engam bulldog and you still wouldnt fucking care for him after you found out what problems he had. fuck you. eat shit and die. i hope you never find peace from the guilt of knowing you fucking killed what became our dog because you’re selfish. my mother is physically sick with grief. i am physically sick with grief. i feel so bad that it’s as if i have the fucking flu. i was trying to talk with my mother about this situation earlier and i had to rush to leave because i felt like i was about to throw up if i didnt. everyone in this house has cried so much today it’s disgusting. 

the only thing good about this is that bean came along for dixie when she needed him most, and became her helper and provider, giving her company and being a literal post to lean on for when she couldnt see where she was going. they’re going over the rainbow bridge tomorrow morning together, and in a way, this is probably the best outcome. at least bean wont have to grieve. dixie can see her old companion again (who died from a ruptured tumor in 2014) and bean can meet him, and they can all play and be together in that field in the sky. 

my family will never have another dog again because of this pain this has caused us.

[dreamsaretangiblegoals]

Questions to my former Self w/ Catarina Rocha @catrocha11 #PeabodyFinest # ProvidenceFriar

As a coach we are educators and I find myself seeking and looking for stories of inspiration to share with the youth. What’s not better but sharing a story of Catarina Rocha from Peabody. The Rocha family has been a household name in the sport of running for over three decades especially in the New England Area. How many State Championships has this family produce ? For now we are entering All State Weekend Here in Mass, why not a Q/A with a winner Cat Rocha, i believe many can learn from her and her journey.

DATG: When you were younger you played soccer & basketball ? What positions in each respective sports you played and how did that assist you in your running career ?

Cat Rocha: Yes, I played a lot of different sports when I was younger. I was a really energetic kid so any sport that allowed me to move really interested me. My main sports that a played for many years were soccer and basketball. I started playing soccer when I was five years old until I was a sophomore in high school. My main position was midfield and on rare occasions I played goalie. I also began playing basketball at a young age (elementary school) until I was in eighth grade. Because I was so short, I played point guard. Being a midfielder and point guard both involve a great deal of running which assisted me in finding what I really love to do…RUN! I never would have found my passion unless I played those sports. Playing those sports not only helped me discover my passion but also be competitive and be a member of a team. Even though running is more of an individual sport there is nothing like going out and crushing a workout with your teammates, who also are some of your best friends. There is no better feeling than working together in order to achieve a collective goal. Playing team sports instilled this feeling in me and I am grateful. Some of my best memories in my life thus far have been with my high school and college teammates.

Side Note: I also played flag-football and honestly was one of my favorite childhood sports. I made an all-women’s team in middle school and we made it to the national tournament in Florida.

DATG: I notice you like music, is there a particular genre's is your favorite ?

Cat Rocha: I enjoy all music genres. Depends on the day what I feel like listening too. I listen to anything from country to pop to Indie!

DATG: Is there a pre-race routine that you do to get in your zone ? 

Cat Rocha: The morning of the race I try to stay relaxed and stay positive. I usually get nervous but that is natural for everyone. Once I get to the course, I throw in my music in and try to visualize the race. I try to visualize how I am going to run my own race and think about all the work I have put in to get here.

DATG: Why Providence for undergrad ? 

Cat Rocha: I chose Providence for undergrad because of the great academics and athletics. Providence’s rigorous liberal arts academics is what I was looking for in a small city school. They also have one of the best Elementary/Special Education Degrees around which is what I wanted to pursue. When you walk onto campus you can just feel that there is so much support from all Academic Departments, faculty, staff. The athletics was also a major factor in my decision to become a Providence Friar. Providence has a great athletic reputation, not just in cross-country/track but all sports. Being part of one of the strongest conferences (BIG EAST) in the country and having many sports nationally ranked drew me in. I wanted to be part of an institution that valued, supported, and took pride in their student-athletes not only in sport but in life. What sold me was the coaching staff and teammates on both the men’s and women’s cross-country/track team. They were all very welcoming and all were trying to achieve the same goal, which is what I really wanted. I chose to be a Friar because of the longstanding reputation of the program and my desire to continue running to the best of my ability. I trusted Ray and knew he was the best coach for me and would help me work towards my goals athletically and academically. Immediately after my official visit, I knew Providence was special and I wanted to be part of the Friar Family.

DATG: What was it like growing in Peabody with your Uncle & Father, at the helm of the Cross Country & Track & Field teams ? 

Cat Rocha: Growing up I knew my Father was the track coach and had great success as an individual athlete as well as a coach. Even though I knew this growing up I did not really realize the impact my father had on the programs and more importantly his athletes. My father had a major impact on the Peabody High XC and Track programs. He has coached multiple individual State Champions, HS All-Americans and won State Team Titles. He has helped student-athletes achieve their athletic goals, continue running in college at all Divisions, and even becoming Professional runners. More importantly my father had a major impact on the athletes themselves. He knew running came second to the well-being of his athletes. He cared for each of his athletes like they were one of his own. I did not get treated any differently in high school than any one of my teammates. My dad made everyone feel as though they belonged and that they brought something special to the team. Growing up and hearing that my dad has touched the lives of so many athletes was not a bad way to grow up. Knowing that the Peabody community respected him for not only his coaching abilities, but also character was something to admire.

DATG: Favorite pre & post race meal ? 

Cat Rocha: My favorite pre-race meal would have to be chicken-parm and pasta.  My favorite post-race meal is big cheeseburger and french fries !

DATG: Your the oldest of Jose & Gina's children. As the oldest siblings your younger brothers have carried the Rocha torch, describe the feeling when Marcelo won MA state title in XC ? Now Claudio attending Assumption. When you see them run do you see some similar attributes and traits that you see in yourself ?

Cat Rocha: When Marcelo won the MA State Title and Claudio committed to Assumption, I was extremely happy for both of them. When Marcelo won the State Title, I think I was more excited during that moment than when I won my own state title. I just knew how hard he worked and the lengths he went to win that title. When I found out Claudio committed to Assumption, I was so proud of him. He has been the underdog that no know thought twice of when we were young, and now he is one of the best runners in MA. Claudio is one of the toughest runners I know, and I wish I was half as gritty as he was in high school. I give both of them a great deal of credit and respect as well. I respect them a great deal because of how they overcame all the obstacles thrown in their way throughout their high school career. Whether those obstacles be an injury or teammates doubting their abilities, they overcame all those adversities. I honestly think in high school I could have not done what they did. After I graduated from high school, unfortunately they were known at first as Catarina Rocha’s brothers. But as they progressed throughout their career, they made their own names for themselves both athletically and academically. They created their own path that I believe tops anything I have done so far. I bet in a couple years people will be asking me, “Oh are you Marcelo and Claudio’s sister?”, and that would make me so happy!

DATG:  Reflecting on your career what was your "worst race", and how did you bounce back from it ? 

Cat Rocha: Throughout my career I have had many bad races, both in high school and college. I would say the “worst race” in my career so far would have to be the 5,000 meters outdoors in Florida at the NCAA East Preliminary Championships last spring. Going into this meet I had a great chance of placing top-12 and making it to the NCAA Outdoor Championships for the first time in my career. Unfortunately, I did not make it. It was not because I wasn’t capable or fit enough but because I doubted my abilities. It was one of the first times I went into a race having no confidence in myself. I convinced myself that I did not belong there, and I didn’t have a chance of making it to the NCAA Championships even though I could have. I was overthinking every move the lead pack made, I ran their race instead of mine, and just quit on the race with one mile to go because I convinced myself I wasn’t going to qualify.  I also feel that it was my “worst race” because it was the last race of my college career. It was difficult emotionally to take in because I knew I would never have another opportunity at the college level again.

I am going to be honest I was upset for a week or so. I was sad, mad, and disappointed not only in how the race went but in myself. During those couple weeks, I didn’t run one step and kept saying to myself I don’t think I want to run anymore. I kept feeling bad for myself and playing back that race in my head thinking I could somehow change it. After a weeks of not running, reflecting ,and much support from my family, friends, and coaches I realized some things…

1.      It is inevitable for every race you run to be great!  No matter how good you are or who you are, everyone has bad races. That is a major part of the sport and that’s why we run the races! We as runners put in so much work and get so little out but that is part of the sport!

2.      This ONE race does NOT define my running career. I ran some of my best races last year. I had won three-straight BIG EAST titles and was part of a team that supported me throughout the good and bad days.  What defines my career is how I bounce back from that and how I learn from that experience.

3.      I found out that I really do LOVE running. Those weeks after the race I was upset and told myself I don’t want to run anymore but I was kidding myself. I realized it was okay to be upset because it just showed how much I cared about the sport.

DATG: With a stellar career what would you have done differently if anything ? 

Cat Rocha: There are not many things I would have done differently in high school and college because I had such great experiences in both. The only thing I can think of is appreciating the little things in both my high school and college careers. As athletes, we need to appreciate our coaches, teammates and families because they are there for us through thick and thin. Appreciate the time you have with your teammates and the goals you want to achieve together. I would appreciate the hard workouts, the long runs, and each race you run. I say this because once you get older somedays you won’t always have that.

DATG: If we could go back in time, what would you tell yourself Freshmen year before you transitioned from Soccer to running ?

Cat Rocha: I would tell my freshman year self to enjoy my first year of high school and live in the moment. I would tell myself to not put any pressure on myself in regard to athletics. I would say to have fun being on the varsity soccer team and being the underdog. C

 DATG: Did High School prepare you for College and did College prepare you for the Pros?

Cat Rocha: In regard to running, I feel as though high school prepared me for college to an extent. My dad who was also my coach definitely prepared me for the type of training that I had throughout college. My mileage was very low in high school (40-45 miles per week) compared to college (60-65 miles per week) but the type of schedule and workouts were similar. During high school, I did a lot of strength workouts, such as four mile tempos and interval reps, and at PC I did the same except they were faster and longer. High school definitely prepared me for the type of training that was ahead of me, but it did not prepare me for collegiate racing. Racing in high school is very different than college. In college, everyone is the best of the best and very experienced, especially at the NCAA Championship Meets. I feel as I gained more experience in the collegiate scene throughout my five years, I became more comfortable and confident in both my training and races.  I learned a great deal about training, racing, recovery, and patience in college, which then prepared me for pro-racing. I would say one of the most important things I learned in college was patience. In college I found that patience is the essence of progress. Being patient and trusting in yourself, your abilities and your training will allow you to move forward and achieve your goals. One of the biggest obstacles I faced during my senior year of college was injury. I was injured for a full year and it was really difficult for me because I had never been injured for that long. Throughout that year, I learned that I need to be patient and let my body heal as it wants. It is not up to me and I can’t speed up the healing process. Being patient during my senior year definitely benefitted me in the long-run mentally and physically. It made me appreciate running more and being healthy. Learning how to be patient and progressing will hopefully lend itself in trying to run professionally. Being patient and accepting results is all part of this new running journey that I am just starting. My favorite quote about patience… “Patience is the calm acceptance that things can happen in a different order than the one you have in your mind”

DATG:  What is next for Catarina Rocha ?

Cat Rocha:To be frank I am not sure what is next, which is sort of exciting but also a little scary. Currently, I am a Graduate Assistant in Sports Information at PC and am finishing up my Masters in Counseling. On top of graduate school and my GA I run for the Ocean State Athletic Club. Ocean State Athletic Club is a group based out of Rhode Island that is sponsored by New Balance. We are coached by the legend/guru himself Ray Treacy, who was also my college coach. I am the only woman on the team thus far and just finished up my cross-country season last week. My last race was the USA Cross Country Championships in Tallahassee, Florida. I placed 24th and was one spot away from a NACAC USA Team. I am very happy with how my first post-collegiate cross-season went and ready to run some races on the outdoor track this coming Spring. I hope to run some PR’s on track and get in some decent road races during the summer under Ocean State. But as of right now I am just enjoying the ride and motivated to get better each and every day!

[rolandfontana]

Five Things to do to Avoid Getting Arrested in China, Part 2

Yesterday we wrote on how our China attorneys were hearing (mostly by email) of increasing arrests of foreigners in China and of how clients and readers were writing asking if they should go to China or not. Yesterday’s post, Five Things to do to Avoid Getting Arrested in China, was an effort to address those issues. At the end of that post, we pointedly solicited reader help on what more people can do to avoid arrest in China. We have received a number of emails from people, most of which said little more than “just don’t go.”

But we also received a very thoughtful comment here, expertly detailing the risks of working in China without dotting all of the i’s and crossing all of the t’s.

As someone who has lived and worked in China for a number of years, I do not think that being American or Canadian escalates the situation. We have seen recently a number of South Africans and people of other nationalities get caught too.

It is important to remind people that they are subject to Chinese law while in China and that the authorities can impose consequences including that of having issues for one to leave the country if the consequences are not served. The officer usually has control as to the consequences given. The embassy or consulate can just make sure that you have not been harmed physically but do not have any other power to remove you from the situation.

While the working illegally issue commonly happens to teachers, it is not limited to them, but also people in other professions. This comes in the form that you mentioned regarding not holding a work permit and residence permit, but also in the form of working for a company that is not the one tied with such documents (such as an agent puts you under their books).

I would add the caution regarding contracts that mention that the individual can come on any visa and that it can be converted to be allowed to work because that is a huge red flag. These days most non-“Z visa”s cannot be converted within China to a work permit and residence permit type of visa, the only one that allows working legally.

In addition, the job title is important as it regards to teachers. Many people have started English language companies which is basically a consulting or a culture company and will hire a teacher in another position because of not being able to legally employ them as a teacher and if the company is inspected, then this can create an issue for them.

There is also some basic information I would recommend that people keep in mind, besides those that you mentioned –

(a) Binding language is Chinese. English is a convenience. (b) Only their employer can assist with cancellation of work permit receipt and release documents for the employee to move on to another job in the future. Leaving the country and starting again isn’t necessarily an option anymore because often times these release documents are still required. (c) Implementation of many laws differs down to the city and/or district level. (d) In your text when you say “the wrong visa” this is supposed to mean a visa that is different from the purpose of your visit

If one has set up a company and has a company to company agreement with another firm and they are the subject of providing the service to the client, I would say that this is usually a suitable method of working with multiple companies, BUT if there are special provisions for the industry then it is VERY risky (e.g. teaching related). It’s important to note here that freelancing is not allowed in China.

To summarize this comment from a China lawyer’s perspective: your China employment relationship is very complicated and done wrong you can end up in jail. The only relevant portion of your employment contract is the Chinese portion and if you do not speak Chinese you have no clue what it says and, most importantly, you have no clue whether the English language portion accurately translates the Chinese portion (I can tell you right now that the odds are about 100 to 1 that it doesn’t). And even if you are able to read the Chinese portion, unless you have a comprehensive knowledge of China’s employment laws and the employment and employment related laws that relate specifically to your potential new employer and to the specific locale in which you are working, you really do not know what you are doing and you should seek out qualified assistance in the form of a China employment lawyer fluent in both Chinese and in whatever language in which you are comfortable communicating.

I will now respond below to specific portions of this comment, all of which I have italicized.

“As someone who has lived and worked in China for a number of years, I do not think that being American or Canadian escalates the situation. We have seen recently a number of South Africans and people of other nationalities get caught too.” I 100% agree that the risks apply to foreigners of all nationalities in China. I only highlighted Canadians and Americans because of the recent spat of people from these countries being arrested for what many view as retaliation for the US-China Trade War and for the Huawei arrests. If your country is in China’s disfavor, you are at increased risk.

“It is important to remind people that they are subject to Chinese law while in China and that the authorities can impose consequences including that of having issues for one to leave the country if the consequences are not served. It is very important to remind people that they are subject to Chinese law while in China and I would also mention that Chinese criminal law is very different from US or EU or Canada or Australia criminal law. Last month I guest lectured for two days (and had a blast) at Warsaw University Law School. My second day lecture (4.0 hours!) was on Chinese laws that differ Western laws and how those differences impact foreign companies doing business in China. One of the things I briefly discussed was how China criminalizes certain things that are not crimes in the West. The following slides provide three examples of this.

  If you are going to be living and working and doing business in China, you must know the laws and you must not violate the laws. I would also add that it can be relatively easy to face criminal charges as an individual for the wrongdoing of your company. We most often see foreign businesses get into criminal trouble in China is for violating China’s customs laws (See China’s Detention Of Foreigner For Alleged Customs Violation Should Be A Strong Warning), doing business in China without a legal entity (See Doing Business in China Without a WFOE: Will the Defendant Please Rise). For foreign individuals, it is undoubtedly for not having a proper employment visa.

“While the working illegally issue commonly happens to teachers, it is not limited to them, but also people in other professions. This comes in the form that you mentioned regarding not holding a work permit and residence permit, but also in the form of working for a company that is not the one tied with such documents (such as an agent puts you under their books).” I 100% agree. The only reason I highlighted foreign English language teachers is because they are so susceptible to being duped into working illegally in China, either because they do not even realize they are doing so or because they buy into the idea that they are somehow safe because “everyone else is doing it.”

“I would add the caution regarding contracts that mention that the individual can come on any visa and that it can be converted to be allowed to work because that is a huge red flag. These days most non-Z visas cannot be converted within China to a work permit and residence permit type of visa, the only one that allows working legally.” Very true. Our China employment lawyers constantly receive emails from foreigners planning to go to China to work and then, if it works out, their employer will help them get a Z visa. Our advice is that you should generally not go to China as an employee unless and until you are certain that you will be working there legally from day one. Many Chinese companies LOVE bringing on illegal employees because this gives them tremendous power over these employees. I explained how this can play out in Trust Your China Employer. Just Kidding:

Our China employment lawyers often get requests from individuals looking for help negotiating an employment contract with a Chinese domestic company. The first thing we like to do in this sort of situation is to make sure hiring our client by the Chinese company can and will be done legally. But when we suggest the necessity of our making sure of this, the response is often that we have nothing to worry about because the Chinese company would not be doing this illegally.

WRONG.

Truth is many Chinese companies prefer to hire foreigners illegally to legally because doing so can save them a ton of money and is usually pretty low risk — at least for them.

I thought of this when I read a very thoughtful and well-written article today, entitled, The detention of two Irish women who were working side jobs at an unlicensed school in Beijing shines a spotlight on the illegal English education market in China. The article (as you probably have guessed from its very long and descriptive title, is about two teachers from Ireland who were detained in prison for more than a week for working illegally in China. Both these teachers had visas that allowed them to work full-time in China, but only with their one employer who secured these visas for them. These two teachers had taken lucrative part-time teaching jobs on the side and it was those jobs that got them arrested.

The big takeaway for anyone looking to take a job in China though should be the sections entitled, “Illegal employers have no qualms about hiring foreigners illegally” and “when the illegality is discovered, it is the foreign worker who gets the blame.”

The article talks about someone who “ran an experiment” by applying for every English language teaching job listed in Beijinger Magazine and clearly stating he could not qualify for a work visa. Only one out of the twenty potential employers declined his application! In other words, 19 out of 20 were happy to have this foreigner work for them illegally. The article notes that under  China’s immigration law, foreigners who work illegally in China can be fined 5,000 to 20,000 yuan and detained for between 5-15 days and then deported. “A lot of the burden and blame falls” on the employee who works illegally in China and therefore, as the US Embassy website makes clear, “it is up to each individual to evaluate potential employers before signing a contract.”

Binding language is Chinese. English is a convenience. Correct. The binding/official language of a dual language contract will almost always be the Chinese portion, no matter what the English language portion of your contract might say. We discussed this in Dual Language China Contracts: Don’t Get Fooled!

Can’t believe this is still happening, but it does, and in numbers that would likely surprise many people. The “this” to which I am referring is foreign companies signing dual language contracts without knowing exactly what the Chinese language portion of their contract says. This is really risky dangerous and below I explain why.

Many dual language Chinese-English contracts are silent on which language controls. For some unknown reason, foreign companies far too often just assume that the English language portion controls or they just assume that it does not matter because the meaning of both the English and the Chinese portions is exactly the same. Wrong, wrong, wrong.

What language controls when you have a dual-language contract?  If both languages say the same one language controls, that one language will control. If both the English language and the Chinese language portions say the Chinese language portion controls, the Chinese language portion will control. Similarly, if both the Chinese language and the English language portions say the English language portion controls, the English language portion will control. These are the easy and safe examples.

It is everything else that so often cause problems for American and European and Australian companies in  trouble.

If both your English language and your Chinese language portions are silent as to which portion controls, the Chinese language portion will control in Chinese courts and in China arbitrations. In real life this means that if the English language portion of your joint venture contract says that you get 10 percent of the joint venture’s revenue  but the Chinese portion says you get 10 percent of the profits (which will of course be way less than revenues) you will have no legal basis for claiming anything more than 10 percent of the profits. Not surprisingly it is joint venture contracts and licensing agreements where our China lawyers most often see this sort of meaningful dichotomy between the English and the Chinese portions of the contract.

Of the hundreds of dual language contracts proposed by Chinese companies and reviewed by one of my firm’s China attorneys, we’ve never seen a single one where the Chinese portion was less favorable to the Chinese company than the English portion. But we’ve seen plenty where the Chinese portion is better or much better for the Chinese company than the English portion. Chinese companies love using a contract with an English portion that is more favorable to the foreign company than the Chinese portion and then relying on the English speaking company to assume that the English language portion will control.

But what if the English language portion explicitly states that it will control? This works right? Not necessarily. If the Chinese language portion also explicitly states that it will control, the Chinese language portion will control under Chinese law. If the Chinese language portion is silent or says that the English language portion controls, the English language portion will control.

As we noted in China Contracts: Make Them Enforceable Or Don’t Bother, it usually makes sense to draft contracts with Chinese companies in Chinese with an English language translation. But this also requires that if that contract is going to be enforced in China (as should usually be the case), you absolutely positively need to be certain that you know exactly what the Chinese language portion of that contract actually says. No matter what the English language portion of your contract says, it behooves you to know exactly what the Chinese language portion says as well.

In other words, if you are not truly able to read and understand Chinese, you probably do not know what your contact says. And if it is an employment contract that you do not fully understand, you could be putting yourself at serious risk.

“Implementation of many laws differs down to the city and/or district level.” Again, correct. And this is particularly true of China’s employment laws. See China Employment Law: Local and Not So Simple.

Bottom Line: Living and working and doing business in China is way more legally complicated than ten years ago. This means that the likelihood of you going astray of Chinese law is considerably higher as well. When you then add in that China’s ability and desire to catch foreign companies and foreigners operating illegally in China is higher now than it has ever been, you can see why it is so critical that you make sure that both your company and you are operating in China within the law. If you are not already operating legally, you need to start doing so now and if you cannot, you probably should leave China or not go there at all.

What are you seeing out there?

      Five Things to do to Avoid Getting Arrested in China, Part 2 syndicated from https://immigrationattorneyto.wordpress.com/

[brightlytae]

angel, awe, baby, blossom, blush, bright, calm, cozy, cupcake, cute, cutie pie, daylight, dear, doll, dreams, euphoric, fairy, gem, giggles, heart, honey, hunnybunch, kitty, ladybug, love, magic, moonlight, munchkin, paddywack, precious, pretty, prince, princess, pumpkin, rainbow, smitten, snuggle, starlight, soft, toot, treasure, whiffle, whiskers, wiggly, and wispy.

angel: do you have a nickname? people normally just call me P, little P or Paoletta!

awe: How old are you? 21

baby: Fave colour? Purple and blue!

blossom: Favourite book/ movie/ song? book- The Princess Bride, movie- The Goonies, song- (ima stick to bts) Move, Spring day and Baepsae

blush: What was your stuffed animal as a child? I had this teddy bear called angel and I used to take her everywhere with me. I loved her so much seriously she was so soft and i used to buy little outfits for her and everything.

bright: Mermaids or fairies? damnnnnnn like a bitch loves both so much? Ima pick mermaids though just because im so attached to the sea and water in general.

calm: Favourite scent? vanilla!

cozy: eye/hair colour? I have green eyes and ashy blonde hair. Im naturally brunette though. 

cupcake: Favourite flower/plant? Lotus flowers, blossoms, cacti, money plants (this is what my famo call them so idk their actual name?)

cute: What did you get on your last birthday? LOTS OF FLOWERS! (i absolutely adore flowers), Jewelry to mark my 21st, money...

cutie pie: Most precious item you own? anything my grandparents have given me. My nonno bought me a vintage typewriter that i keep in my room that i love. 

daylight: Favourite album of all time? this is hard. the all time low weightless album is really special to me. The wicked broadway musical soundtrack too. Also the bts Young forever album has a very very special place in my heart.

dear: Zodiac sign? cancer!

doll: How do you like to dress? I wear a lot of jumpers, a lot of oversized clothes, and like loads of culottes- wide flare pants or dungarees. I tend to tuck my jumpers in to high waist jeans (If im wearing jeans they will always be high waist), or skirts. Also long flowy patterned dresses. My wardrobe is pretty made up of long flowy dresses. I also either wear all black or i live in very vibrant patterns- its one or the other! also i wear a lot of rings and earrings like all the time.

dreams: Do you want any tattoos? I want loadsssss of tattoos but just havent had the time to get any done yet!

euphoric: Talk about someone you love? My grandmother is the strongest, bravest most honest woman i have ever met. No one has so much love and care within their heart as this woman does. She is my everything. I go to her for everything and she will always listen to me, look after me and just be there when I need her. she is the type of person who will drop anything just to help someone out. She does so much for the people around her, she helps everyone no matter what. She’s been through so much in her life yet continues to power through and its really just inspirational to me. If i could give her the whole entire world, i would bc she deserves nothing less. 

fairy: Do you have a pet? I have a little doggo called rolo and he is just a sweet little old man who makes my heart melt. Honestly hes freaking precious and i dare anyone not to fall in love with him.

gem: who are your favourite tumblrs? I love a lot of bts based tumblrs but i feel sort of bad tagging them in this post coz its super long and im kinda shy ahahah. 

giggles: What is your aesthetic of choice?  i honestly dont even know? i dont really think i have one...

heart: silk or lace? ooof i think i look better in lace and i own more lace so...

honey: Coffee or tea? being italian living in england im so adjusted to both. Im a cappucino girl but i love tea. Both with milk and either 1 or 2 sugars depending on how im feeling.

hunnybunch: What sounds help you sleep? I actually sleep with earplugs in because i need like complete silence to sleep. The littlest sound and i stay awake!

kitty: Whats your favorite time of the day? I like the morning period from like 8:30-12:00 when i have nothing to do and can just send the time doing things i love!

ladybug: What’s your favorite artist to listen to when you’re sad? when im sad i tend to listen to musicals. Like the Rent soundtrack is a big go to when im upset! musicals just generally evoke a lot of emotion out of me and that tends to make me feel better

love: Whats your favorite season and why? SPRING! (I actually really love all the seasons bc i think theres something relly beautiful about each one) but spring to me just feels bright? the weather starts to change, everything sort of shines, everything gets a bit more colourful and it always feels like a new start for me.

magic: what are five flaws you have?

I worry too much about everything all the time where i cant ever really enjoy myself

I struggle with my confidence a lot and tend to put myself down

I struggle to keep control of my life a lot

I dont think im great at meeting new people and i tend to give off a bad first impression

I overthink so much to the point where i can obsess for days over the tiniest detail.

moonlight:do you prefer soft pastels, warm neutrals, or cool darks? when i think about my wardrobe its literally a mix of all three. cool darks maybe?

munchkin: what do you look for in a significant other? really i just want someone who is kind-hearted, passionate, shares my interests and makes me smile.

paddywack: How would you describe a perfect date? i think its less about where i am and more about how i feel. A perfect date would be one where i cant contain my smile because the person i am with makes me feel so happy, where i cant help but blush every time my date looks at me because their eyes seem to twinkle and show me that they like me too. A perfect date would be one where theres never ending discussions and conversations, where i laugh so loud at something my date said, or they listen to every single word of what ive said and i can tell the were listening. I want to feel comfortable and secure, like my date wants to be with me.

precious: What is something valuable that you learned in your life? Someone elses success, is not your failure.

pretty: Do you like to cook or bake more? I honestly love to do both but baking is a big hobby of mine!

prince: How would you describe you handwriting? always changing, normally cursive, slants to one side

princess:do you play any instruments? if not, are there any you wish you could play? I used to play piano. I’d love to play the guitar and also the harp would be super cool to learn

pumpkin: favorite fruit/veg? i love watermelon!!!!!! my fave veg is either broccoli, or brussel sprouts

rainbow: what was the last line of the last book you read? “always dancing in the sun. yes. yes. yes”

smitten: do you collect anything? Theater playbills, concert/show tickets, i take and collect polaroids and i also have a small collection of beach rocks and VW camper vans.

snuggle: what is your favorite candy? does chocolate count as candy?

starlight: What was your favorite show as a child? RECESS

soft: describe your favourite spot in your house? white walls decorates with lights, polaroids and patterned flags, anti war posters, a pinboard full of art, a whiteboard full of ‘to-dos’, plants, photoframes, ornaments, a flamingo, books upon books, a television nd the comfiest bed in the world...

toot: What is something you find unique about yourself? I think that i think in quite a unique way. I kind of talk and deduce and speak in a way that i dont think some people always understand.

treasure: What was something that made you smile today? I had dinner with my sisters and their boyfriends and i smiled a lot as we sat and talked. It was really nice.

whiffle: If you could have a magical power what would it be? Ive often wished i could read peoples minds or stop time. Maybe also heal people or change their state of emotion so they could always be happy. 

whiskers: Do you usually wear makeup? I love wearing make up and i find it kinda therapeutic to put on. I do tend to wear makeup everyday if im leaving the house.

wiggly: Are you a messy or tidy person? tidy. I love to clean, i love clean spaces, and i also love to organize.

wispy: do you like the place where you grew up? do you think you will live there when you get older? my town is very cute and very lovely and as i grew up i dont think i ever truly appreciated how wonderful a town it is. That being said, with the dreams i have and the places i wanna go, my town is too small and i need to expand my horizons.

Thank you hun!!💜💜💜

[ayyfour-blog]

Wrestlemania 34 preview!

It's been awhile since we've had a blog post, and aside from the NFL off season drama by Le'Veon Bell, my Steelers haven't provided much action (per usual).It's time to transition folks- Yes, this is still primarily a Steelers Blog, but lets not limit it to just that anymore. No, no, it's time for you to hear my random thoughts on ALL sports. Welcome to the new era of the blog. 

Wrestlemania 34 extravaganza!

Wrestling has always been something that kept my interest over the years. As with many others, the Attitude Era captured years of adolescence and teen angst and turned them into something I could really enjoy. Wrestling was an escape I could turn to weekly when I wanted to watch some ridiculousness that was the "male soap opera". Okay, enough defending my inner nerd, let that fucking freak flag fly! Let's get to some wrestling action, Bah Gawd!

Wrestlemania 34 is upon us this Sunday, and like many other wrestling nerds I will happily be playing WWF No Mercy on the N64 at 4pm, turning on the "kickoff show" at 5pm, and my eyes will be bleeding with a pounding headache at 12pm when the Undertaker decides to take step-after-step on a 700 yard ramp that he makes it halfway to the end of before they decide to finally just yell fucking cut and allow me to sleep. I love Wrestlemania and the WWE but this 7 hours worth of a show needs to end. Raw being 3 hours takes up too much of my time at this point, let's cut out the casual eyes matches and just get down to the nitty gritty. Prepare for another rant below..

Remember when wrestling used to have a Win/Loss record? I feel like this was more of something that took place in TNA's heyday, but the WCW really capitalized on Goldberg's streak. I miss that in a way, why can't it be run more like a league? The top record gets the title match. Period. Add some storylines here and there, but just showing up and declaring a title match doesn't cut it for me anymore.  I get it, its storyline and moment driven, but I'm a sports nerd, goddamnit, give me some fucking stats or KISS MY ASSSS! (sorry, having Vince McMahon flashbacks at the moment). If only there was a way the WWE could incorporate both into a show....

This years Wrestlemania actually provides the opportunity to capitalize on the win/loss record, although not quite in the manner I've wished for, as it still mostly revolves around storyline. The win-less Curt Hawkins very well may get his chance to get his first W Sunday, Asuka is looking to defend her streak since her developmental days at NXT, and the Undertaker finally gets a chance to get his final and well-deserved win against John Cena in a dream match. 

The Matches

Womens Battle Royal

This is a Kickoff show special and more than likely will be only paid attention to if it comes down to Sasha vs Bayley. Otherwise, this is second screen viewing while you're finishing up playing video games, Russian roulette, or whatever one does during the pre-game. I also bet we get some shitty "hey Bayley" song going during the match, because the fans will be bored enough from the beach ball by the time the actual showdown occurs. Sahsa wins.

Andre the Giant Memorial Battle Royal This is going to be another kickoff show sleeper, Dolph Ziggler has to be pissed to be in this matchup but likely will go over with a win. Big Cass could have an emergence in this match, but it also is likely that we see him as Braun's partner for the WWE Raw Tag Title match. Also very likely to see a Bray Wyatt return, Jeff Hardy (hopefully as brother Nero) return, and Kane. Goldust would be cool to have a Wrestlemania moment after his confrontation with Cena and awesome promos, but.. Matt Hardy Wins.

Cruiseweight championship- Cedric Alexander vs Mustafa Ali One more kickoff show match. I'll be about 6 slices of pizza deep and sicker than hell from all the Oreo's. To be honest, I haven't watched much of the cruiser weights (are they on Raw, Smackdown, or do they still have their own show anyway?). I've heard great things about Mustafa Ali and am going with him because of this. yeah. Mustafa Ali wins.

MAIN SHOW! (THANK GOD)

Raw Tag Title: The Bar vs Braun Strowman and_(?)_

As I stated earlier, I think it would be awesome to give Curt Hawkins a chance to win. The giant wrecking machine takes the guy that can never catch a break, the undersized and underutilized talent in Curt Hawkins and carries him to his first victory. At Wrestlemania. For a title. The pop for this would be unreal, and those two would be completely over for a good while. But this is the WWE, so the other scenario is we get the return of Big Cass. Cass has no story line after Enzo is gone, so let's throw these two giants together and see what happens..

Strowman and Big Cass new champions.

Smackdown Tag Titles: Bludgeon Bros', USO's, Booty O's The Uso's vs the New Day have had classics each time they faced off. It was a complete bummer when the Bludgeon Bros interrupted the last match. I get it- but the WWE is trying to force the Bludgeon Brothers down the throats of the crowd. I get the tactic they've been using for a "slow build", but it's so easy to see this coming when they feed them jobbers week-after-week. They interrupt some of the WWE's premier talent to injure and shake up the tag team scene, however, this team is not over with the crowd and frankly can't keep my interest to watch a match. Especially with the atheletic-ness of the two teams that run the show in Smackdown. Unless they put on some sort of epic and fast beat down, I can't see this team getting over. But its the WWE, it's time for a shake-up, so.. Bludgeon Brothers win

US Title Match- Orton vs Roode vs Mahal vs Rusev Not alot of interest in this match whatsoever. Roode's face personality is about as interesting as Orton's, each made such a better heel. Orton was a complete master of a heel and his program vs HHH was epic when he basically kidnapped the McMahons. Roode was a pretty good heel in NXT and because his music is awesome WWE turned him face. A good song and entrance don't mean shit without character development.. which leads me to Mahal's title run. The build to this was awesome, but the quick escalation and shitty promos led to one of the worst title runs in WWE history. The story lines drew little interest and the story of "we dont like him because he's different" was completely played out. I feel like a face Jinder would actually go over pretty well, in a Rusev sort of way. But he's not Rusev. And never will be. ITS RUSEV DAY! Rusev wins! (exclamation because I'm excited about this one)

Intercontinental Title Match- Miz vs Balor vs Rollins The worst thing about this match was the fact that Rollins lost the gauntlet match that built to this. Seth finally had his chance to completely go over with the crowd since his return vs HHH, but they couldn't capitalize. Speaking of going over, Miz is one of the best heels in the biz. He does not deserve the fate he is about to receive, but I cannot see him coming out of this match the title holder. Which is a shame, he is set to be the longest running IC champ in history, but the kids love Balor Club and Shield T shirts! I really miss heel Rollins, and Balor Club was always a heel faction. Fuck it, turn em all heels! Rollins wins

Raw Womens Championship- Nia Jax vs Alexa Bliss We all know what's going to happen here- Nia is so fucking pissed at Alexa for calling her fat that she disembowels her and gets DQ'ed Alexa wins by DQ, Mickie gives her the "v-trigger" and starts her weird lesbian phase once again.

Smackdown Womens Championship- Charlotte vs Asuka This match will be fucking awesome and should honestly co-main event with Nakamura vs Styles. Charlotte is the best in the game and I really miss her heel run. She was sooo good at being a bitch, and her feud vs Sasha was incredible. I look forward to a great match and cannot wait for this one. The only issue I'm going to have is once Asuka's streak finally gets it's title to show her greatness....

Asuka wins, Carmella cashes in MITB and wins

Yes, Carmella is going to capitalize on the epic match we just saw with a Seth Rollins-esque Wrestlemania cash in

Daniel Bryan and Shane vs Sami and KO This match has had one hell of a build, whoever is writing for Smackdown has something right. No matches have long builds anymore, this has been coming since Sami helped KO at Summerslam by saving him from a Shane Hell in the Cell Elbow-through-a-table-signature-hyphenated-move. I can see Daniel winning and either a heel turn by himself or Shane, leading to a Summerslam feud between Shane-O-Mac and DB. Shane and Daniel win

Rousey and Angle vs Stephanie and HHH Get some popcorn and shotgun a few beers, this is gonna be a shitshow. As you know, Rousey's mic work has been as cringe worthy, if not more so than Kurts. HHH vs Kurt itself would have been a great match, then Stephanie vs Ronda could have been the ultimate popcorn match, but we're getting them both combined for some God-awful reason. Unless Ronda literally breaks Stephs arm in two like she forgot this shit isnt' real, I'm skipping this one. But just for the hell of it.. Ronda breaks Stephanie's arm, Rousey and Kurt win

WWE Title Match- Styles vs Nakamura Dream match for most, but it would be really nice to see what Nakamura is really about in the ring So far there's been a ton of hype and catchphrases and epic intros, but its time to deliver. AJ did it last year, let's bet Nakamura does it this year. Nakamura wins

Universal Title- Brock vs Roman This is the least interesting main even since Goldberg vs Brock's rematch. I barely have any interest and the build to this has been way too predictable. The only redeeming promo so far has been when Heyman told the WWE exactly what Brock thought of everyone, this sets up for an opportunity to turn Roman face, at least for one night, and win the WWE title uninterrupted. And with no more Brock, does Heyman serve as the mouthpiece for Roman? Roman Reigns wins

Other Stuff thats gonna happen.. Kid Rock's being inducted into the WWE hall of fame. I had no reasoning behind this until I realizerd it was a possibility the Undertaker would be back one more time. This sets it up perfectly, Kid Rock comes out, plays a shitty song, gets booed a little, then boom. You hear a couple power cords, Kid Rock screams "I am the American Badass" and you hear a Harley rev up. Yes folks. the last appearance of the Undertaker is the American Badasss. He gets the Win vs John Cena and rides off into the sunset. So that's it. Oh, of course must watch TV comes with the Raw and Smackdown after Mania, so you gotta stayed tuned those next few days to see what major changes the company has in store for 2018. 

In the famous words of D-X, are you ready!?

[rolandfontana]

Five Things to do to Avoid Getting Arrested in China, Part 2

Yesterday we wrote on how our China attorneys were hearing (mostly by email) of increasing arrests of foreigners in China and of how clients and readers were writing asking if they should go to China or not. Yesterday’s post, Five Things to do to Avoid Getting Arrested in China, was an effort to address those issues. At the end of that post, we pointedly solicited reader help on what more people can do to avoid arrest in China. We have received a number of emails from people, most of which said little more than “just don’t go.”

But we also received a very thoughtful comment here, expertly detailing the risks of working in China without dotting all of the i’s and crossing all of the t’s.

As someone who has lived and worked in China for a number of years, I do not think that being American or Canadian escalates the situation. We have seen recently a number of South Africans and people of other nationalities get caught too.

It is important to remind people that they are subject to Chinese law while in China and that the authorities can impose consequences including that of having issues for one to leave the country if the consequences are not served. The officer usually has control as to the consequences given. The embassy or consulate can just make sure that you have not been harmed physically but do not have any other power to remove you from the situation.

While the working illegally issue commonly happens to teachers, it is not limited to them, but also people in other professions. This comes in the form that you mentioned regarding not holding a work permit and residence permit, but also in the form of working for a company that is not the one tied with such documents (such as an agent puts you under their books).

I would add the caution regarding contracts that mention that the individual can come on any visa and that it can be converted to be allowed to work because that is a huge red flag. These days most non-“Z visa”s cannot be converted within China to a work permit and residence permit type of visa, the only one that allows working legally.

In addition, the job title is important as it regards to teachers. Many people have started English language companies which is basically a consulting or a culture company and will hire a teacher in another position because of not being able to legally employ them as a teacher and if the company is inspected, then this can create an issue for them.

There is also some basic information I would recommend that people keep in mind, besides those that you mentioned –

(a) Binding language is Chinese. English is a convenience. (b) Only their employer can assist with cancellation of work permit receipt and release documents for the employee to move on to another job in the future. Leaving the country and starting again isn’t necessarily an option anymore because often times these release documents are still required. (c) Implementation of many laws differs down to the city and/or district level. (d) In your text when you say “the wrong visa” this is supposed to mean a visa that is different from the purpose of your visit

If one has set up a company and has a company to company agreement with another firm and they are the subject of providing the service to the client, I would say that this is usually a suitable method of working with multiple companies, BUT if there are special provisions for the industry then it is VERY risky (e.g. teaching related). It’s important to note here that freelancing is not allowed in China.

To summarize this comment from a China lawyer’s perspective: your China employment relationship is very complicated and done wrong you can end up in jail. The only relevant portion of your employment contract is the Chinese portion and if you do not speak Chinese you have no clue what it says and, most importantly, you have no clue whether the English language portion accurately translates the Chinese portion (I can tell you right now that the odds are about 100 to 1 that it doesn’t). And even if you are able to read the Chinese portion, unless you have a comprehensive knowledge of China’s employment laws and the employment and employment related laws that relate specifically to your potential new employer and to the specific locale in which you are working, you really do not know what you are doing and you should seek out qualified assistance in the form of a China employment lawyer fluent in both Chinese and in whatever language in which you are comfortable communicating.

I will now respond below to specific portions of this comment, all of which I have italicized.

“As someone who has lived and worked in China for a number of years, I do not think that being American or Canadian escalates the situation. We have seen recently a number of South Africans and people of other nationalities get caught too.” I 100% agree that the risks apply to foreigners of all nationalities in China. I only highlighted Canadians and Americans because of the recent spat of people from these countries being arrested for what many view as retaliation for the US-China Trade War and for the Huawei arrests. If your country is in China’s disfavor, you are at increased risk.

“It is important to remind people that they are subject to Chinese law while in China and that the authorities can impose consequences including that of having issues for one to leave the country if the consequences are not served. It is very important to remind people that they are subject to Chinese law while in China and I would also mention that Chinese criminal law is very different from US or EU or Canada or Australia criminal law. Last month I guest lectured for two days (and had a blast) at Warsaw University Law School. My second day lecture (4.0 hours!) was on Chinese laws that differ Western laws and how those differences impact foreign companies doing business in China. One of the things I briefly discussed was how China criminalizes certain things that are not crimes in the West. The following slides provide three examples of this.

  If you are going to be living and working and doing business in China, you must know the laws and you must not violate the laws. I would also add that it can be relatively easy to face criminal charges as an individual for the wrongdoing of your company. We most often see foreign businesses get into criminal trouble in China is for violating China’s customs laws (See China’s Detention Of Foreigner For Alleged Customs Violation Should Be A Strong Warning), doing business in China without a legal entity (See Doing Business in China Without a WFOE: Will the Defendant Please Rise). For foreign individuals, it is undoubtedly for not having a proper employment visa.

“While the working illegally issue commonly happens to teachers, it is not limited to them, but also people in other professions. This comes in the form that you mentioned regarding not holding a work permit and residence permit, but also in the form of working for a company that is not the one tied with such documents (such as an agent puts you under their books).” I 100% agree. The only reason I highlighted foreign English language teachers is because they are so susceptible to being duped into working illegally in China, either because they do not even realize they are doing so or because they buy into the idea that they are somehow safe because “everyone else is doing it.”

“I would add the caution regarding contracts that mention that the individual can come on any visa and that it can be converted to be allowed to work because that is a huge red flag. These days most non-Z visas cannot be converted within China to a work permit and residence permit type of visa, the only one that allows working legally.” Very true. Our China employment lawyers constantly receive emails from foreigners planning to go to China to work and then, if it works out, their employer will help them get a Z visa. Our advice is that you should generally not go to China as an employee unless and until you are certain that you will be working there legally from day one. Many Chinese companies LOVE bringing on illegal employees because this gives them tremendous power over these employees. I explained how this can play out in Trust Your China Employer. Just Kidding:

Our China employment lawyers often get requests from individuals looking for help negotiating an employment contract with a Chinese domestic company. The first thing we like to do in this sort of situation is to make sure hiring our client by the Chinese company can and will be done legally. But when we suggest the necessity of our making sure of this, the response is often that we have nothing to worry about because the Chinese company would not be doing this illegally.

WRONG.

Truth is many Chinese companies prefer to hire foreigners illegally to legally because doing so can save them a ton of money and is usually pretty low risk — at least for them.

I thought of this when I read a very thoughtful and well-written article today, entitled, The detention of two Irish women who were working side jobs at an unlicensed school in Beijing shines a spotlight on the illegal English education market in China. The article (as you probably have guessed from its very long and descriptive title, is about two teachers from Ireland who were detained in prison for more than a week for working illegally in China. Both these teachers had visas that allowed them to work full-time in China, but only with their one employer who secured these visas for them. These two teachers had taken lucrative part-time teaching jobs on the side and it was those jobs that got them arrested.

The big takeaway for anyone looking to take a job in China though should be the sections entitled, “Illegal employers have no qualms about hiring foreigners illegally” and “when the illegality is discovered, it is the foreign worker who gets the blame.”

The article talks about someone who “ran an experiment” by applying for every English language teaching job listed in Beijinger Magazine and clearly stating he could not qualify for a work visa. Only one out of the twenty potential employers declined his application! In other words, 19 out of 20 were happy to have this foreigner work for them illegally. The article notes that under  China’s immigration law, foreigners who work illegally in China can be fined 5,000 to 20,000 yuan and detained for between 5-15 days and then deported. “A lot of the burden and blame falls” on the employee who works illegally in China and therefore, as the US Embassy website makes clear, “it is up to each individual to evaluate potential employers before signing a contract.”

Binding language is Chinese. English is a convenience. Correct. The binding/official language of a dual language contract will almost always be the Chinese portion, no matter what the English language portion of your contract might say. We discussed this in Dual Language China Contracts: Don’t Get Fooled!

Can’t believe this is still happening, but it does, and in numbers that would likely surprise many people. The “this” to which I am referring is foreign companies signing dual language contracts without knowing exactly what the Chinese language portion of their contract says. This is really risky dangerous and below I explain why.

Many dual language Chinese-English contracts are silent on which language controls. For some unknown reason, foreign companies far too often just assume that the English language portion controls or they just assume that it does not matter because the meaning of both the English and the Chinese portions is exactly the same. Wrong, wrong, wrong.

What language controls when you have a dual-language contract?  If both languages say the same one language controls, that one language will control. If both the English language and the Chinese language portions say the Chinese language portion controls, the Chinese language portion will control. Similarly, if both the Chinese language and the English language portions say the English language portion controls, the English language portion will control. These are the easy and safe examples.

It is everything else that so often cause problems for American and European and Australian companies in  trouble.

If both your English language and your Chinese language portions are silent as to which portion controls, the Chinese language portion will control in Chinese courts and in China arbitrations. In real life this means that if the English language portion of your joint venture contract says that you get 10 percent of the joint venture’s revenue  but the Chinese portion says you get 10 percent of the profits (which will of course be way less than revenues) you will have no legal basis for claiming anything more than 10 percent of the profits. Not surprisingly it is joint venture contracts and licensing agreements where our China lawyers most often see this sort of meaningful dichotomy between the English and the Chinese portions of the contract.

Of the hundreds of dual language contracts proposed by Chinese companies and reviewed by one of my firm’s China attorneys, we’ve never seen a single one where the Chinese portion was less favorable to the Chinese company than the English portion. But we’ve seen plenty where the Chinese portion is better or much better for the Chinese company than the English portion. Chinese companies love using a contract with an English portion that is more favorable to the foreign company than the Chinese portion and then relying on the English speaking company to assume that the English language portion will control.

But what if the English language portion explicitly states that it will control? This works right? Not necessarily. If the Chinese language portion also explicitly states that it will control, the Chinese language portion will control under Chinese law. If the Chinese language portion is silent or says that the English language portion controls, the English language portion will control.

As we noted in China Contracts: Make Them Enforceable Or Don’t Bother, it usually makes sense to draft contracts with Chinese companies in Chinese with an English language translation. But this also requires that if that contract is going to be enforced in China (as should usually be the case), you absolutely positively need to be certain that you know exactly what the Chinese language portion of that contract actually says. No matter what the English language portion of your contract says, it behooves you to know exactly what the Chinese language portion says as well.

In other words, if you are not truly able to read and understand Chinese, you probably do not know what your contact says. And if it is an employment contract that you do not fully understand, you could be putting yourself at serious risk.

“Implementation of many laws differs down to the city and/or district level.” Again, correct. And this is particularly true of China’s employment laws. See China Employment Law: Local and Not So Simple.

Bottom Line: Living and working and doing business in China is way more legally complicated than ten years ago. This means that the likelihood of you going astray of Chinese law is considerably higher as well. When you then add in that China’s ability and desire to catch foreign companies and foreigners operating illegally in China is higher now than it has ever been, you can see why it is so critical that you make sure that both your company and you are operating in China within the law. If you are not already operating legally, you need to start doing so now and if you cannot, you probably should leave China or not go there at all.

What are you seeing out there?

      Five Things to do to Avoid Getting Arrested in China, Part 2 syndicated from https://immigrationattorneyto.wordpress.com/

[rolandfontana]

Five Things to do to Avoid Getting Arrested in China, Part 2

Yesterday we wrote on how our China attorneys were hearing (mostly by email) of increasing arrests of foreigners in China and of how clients and readers were writing asking if they should go to China or not. Yesterday’s post, Five Things to do to Avoid Getting Arrested in China, was an effort to address those issues. At the end of that post, we pointedly solicited reader help on what more people can do to avoid arrest in China. We have received a number of emails from people, most of which said little more than “just don’t go.”

But we also received a very thoughtful comment here, expertly detailing the risks of working in China without dotting all of the i’s and crossing all of the t’s.

As someone who has lived and worked in China for a number of years, I do not think that being American or Canadian escalates the situation. We have seen recently a number of South Africans and people of other nationalities get caught too.

It is important to remind people that they are subject to Chinese law while in China and that the authorities can impose consequences including that of having issues for one to leave the country if the consequences are not served. The officer usually has control as to the consequences given. The embassy or consulate can just make sure that you have not been harmed physically but do not have any other power to remove you from the situation.

While the working illegally issue commonly happens to teachers, it is not limited to them, but also people in other professions. This comes in the form that you mentioned regarding not holding a work permit and residence permit, but also in the form of working for a company that is not the one tied with such documents (such as an agent puts you under their books).

I would add the caution regarding contracts that mention that the individual can come on any visa and that it can be converted to be allowed to work because that is a huge red flag. These days most non-“Z visa”s cannot be converted within China to a work permit and residence permit type of visa, the only one that allows working legally.

In addition, the job title is important as it regards to teachers. Many people have started English language companies which is basically a consulting or a culture company and will hire a teacher in another position because of not being able to legally employ them as a teacher and if the company is inspected, then this can create an issue for them.

There is also some basic information I would recommend that people keep in mind, besides those that you mentioned –

(a) Binding language is Chinese. English is a convenience. (b) Only their employer can assist with cancellation of work permit receipt and release documents for the employee to move on to another job in the future. Leaving the country and starting again isn’t necessarily an option anymore because often times these release documents are still required. (c) Implementation of many laws differs down to the city and/or district level. (d) In your text when you say “the wrong visa” this is supposed to mean a visa that is different from the purpose of your visit

If one has set up a company and has a company to company agreement with another firm and they are the subject of providing the service to the client, I would say that this is usually a suitable method of working with multiple companies, BUT if there are special provisions for the industry then it is VERY risky (e.g. teaching related). It’s important to note here that freelancing is not allowed in China.

To summarize this comment from a China lawyer’s perspective: your China employment relationship is very complicated and done wrong you can end up in jail. The only relevant portion of your employment contract is the Chinese portion and if you do not speak Chinese you have no clue what it says and, most importantly, you have no clue whether the English language portion accurately translates the Chinese portion (I can tell you right now that the odds are about 100 to 1 that it doesn’t). And even if you are able to read the Chinese portion, unless you have a comprehensive knowledge of China’s employment laws and the employment and employment related laws that relate specifically to your potential new employer and to the specific locale in which you are working, you really do not know what you are doing and you should seek out qualified assistance in the form of a China employment lawyer fluent in both Chinese and in whatever language in which you are comfortable communicating.

I will now respond below to specific portions of this comment, all of which I have italicized.

“As someone who has lived and worked in China for a number of years, I do not think that being American or Canadian escalates the situation. We have seen recently a number of South Africans and people of other nationalities get caught too.” I 100% agree that the risks apply to foreigners of all nationalities in China. I only highlighted Canadians and Americans because of the recent spat of people from these countries being arrested for what many view as retaliation for the US-China Trade War and for the Huawei arrests. If your country is in China’s disfavor, you are at increased risk.

“It is important to remind people that they are subject to Chinese law while in China and that the authorities can impose consequences including that of having issues for one to leave the country if the consequences are not served. It is very important to remind people that they are subject to Chinese law while in China and I would also mention that Chinese criminal law is very different from US or EU or Canada or Australia criminal law. Last month I guest lectured for two days (and had a blast) at Warsaw University Law School. My second day lecture (4.0 hours!) was on Chinese laws that differ Western laws and how those differences impact foreign companies doing business in China. One of the things I briefly discussed was how China criminalizes certain things that are not crimes in the West. The following slides provide three examples of this.

  If you are going to be living and working and doing business in China, you must know the laws and you must not violate the laws. I would also add that it can be relatively easy to face criminal charges as an individual for the wrongdoing of your company. We most often see foreign businesses get into criminal trouble in China is for violating China’s customs laws (See China’s Detention Of Foreigner For Alleged Customs Violation Should Be A Strong Warning), doing business in China without a legal entity (See Doing Business in China Without a WFOE: Will the Defendant Please Rise). For foreign individuals, it is undoubtedly for not having a proper employment visa.

“While the working illegally issue commonly happens to teachers, it is not limited to them, but also people in other professions. This comes in the form that you mentioned regarding not holding a work permit and residence permit, but also in the form of working for a company that is not the one tied with such documents (such as an agent puts you under their books).” I 100% agree. The only reason I highlighted foreign English language teachers is because they are so susceptible to being duped into working illegally in China, either because they do not even realize they are doing so or because they buy into the idea that they are somehow safe because “everyone else is doing it.”

“I would add the caution regarding contracts that mention that the individual can come on any visa and that it can be converted to be allowed to work because that is a huge red flag. These days most non-Z visas cannot be converted within China to a work permit and residence permit type of visa, the only one that allows working legally.” Very true. Our China employment lawyers constantly receive emails from foreigners planning to go to China to work and then, if it works out, their employer will help them get a Z visa. Our advice is that you should generally not go to China as an employee unless and until you are certain that you will be working there legally from day one. Many Chinese companies LOVE bringing on illegal employees because this gives them tremendous power over these employees. I explained how this can play out in Trust Your China Employer. Just Kidding:

Our China employment lawyers often get requests from individuals looking for help negotiating an employment contract with a Chinese domestic company. The first thing we like to do in this sort of situation is to make sure hiring our client by the Chinese company can and will be done legally. But when we suggest the necessity of our making sure of this, the response is often that we have nothing to worry about because the Chinese company would not be doing this illegally.

WRONG.

Truth is many Chinese companies prefer to hire foreigners illegally to legally because doing so can save them a ton of money and is usually pretty low risk — at least for them.

I thought of this when I read a very thoughtful and well-written article today, entitled, The detention of two Irish women who were working side jobs at an unlicensed school in Beijing shines a spotlight on the illegal English education market in China. The article (as you probably have guessed from its very long and descriptive title, is about two teachers from Ireland who were detained in prison for more than a week for working illegally in China. Both these teachers had visas that allowed them to work full-time in China, but only with their one employer who secured these visas for them. These two teachers had taken lucrative part-time teaching jobs on the side and it was those jobs that got them arrested.

The big takeaway for anyone looking to take a job in China though should be the sections entitled, “Illegal employers have no qualms about hiring foreigners illegally” and “when the illegality is discovered, it is the foreign worker who gets the blame.”

The article talks about someone who “ran an experiment” by applying for every English language teaching job listed in Beijinger Magazine and clearly stating he could not qualify for a work visa. Only one out of the twenty potential employers declined his application! In other words, 19 out of 20 were happy to have this foreigner work for them illegally. The article notes that under  China’s immigration law, foreigners who work illegally in China can be fined 5,000 to 20,000 yuan and detained for between 5-15 days and then deported. “A lot of the burden and blame falls” on the employee who works illegally in China and therefore, as the US Embassy website makes clear, “it is up to each individual to evaluate potential employers before signing a contract.”

Binding language is Chinese. English is a convenience. Correct. The binding/official language of a dual language contract will almost always be the Chinese portion, no matter what the English language portion of your contract might say. We discussed this in Dual Language China Contracts: Don’t Get Fooled!

Can’t believe this is still happening, but it does, and in numbers that would likely surprise many people. The “this” to which I am referring is foreign companies signing dual language contracts without knowing exactly what the Chinese language portion of their contract says. This is really risky dangerous and below I explain why.

Many dual language Chinese-English contracts are silent on which language controls. For some unknown reason, foreign companies far too often just assume that the English language portion controls or they just assume that it does not matter because the meaning of both the English and the Chinese portions is exactly the same. Wrong, wrong, wrong.

What language controls when you have a dual-language contract?  If both languages say the same one language controls, that one language will control. If both the English language and the Chinese language portions say the Chinese language portion controls, the Chinese language portion will control. Similarly, if both the Chinese language and the English language portions say the English language portion controls, the English language portion will control. These are the easy and safe examples.

It is everything else that so often cause problems for American and European and Australian companies in  trouble.

If both your English language and your Chinese language portions are silent as to which portion controls, the Chinese language portion will control in Chinese courts and in China arbitrations. In real life this means that if the English language portion of your joint venture contract says that you get 10 percent of the joint venture’s revenue  but the Chinese portion says you get 10 percent of the profits (which will of course be way less than revenues) you will have no legal basis for claiming anything more than 10 percent of the profits. Not surprisingly it is joint venture contracts and licensing agreements where our China lawyers most often see this sort of meaningful dichotomy between the English and the Chinese portions of the contract.

Of the hundreds of dual language contracts proposed by Chinese companies and reviewed by one of my firm’s China attorneys, we’ve never seen a single one where the Chinese portion was less favorable to the Chinese company than the English portion. But we’ve seen plenty where the Chinese portion is better or much better for the Chinese company than the English portion. Chinese companies love using a contract with an English portion that is more favorable to the foreign company than the Chinese portion and then relying on the English speaking company to assume that the English language portion will control.

But what if the English language portion explicitly states that it will control? This works right? Not necessarily. If the Chinese language portion also explicitly states that it will control, the Chinese language portion will control under Chinese law. If the Chinese language portion is silent or says that the English language portion controls, the English language portion will control.

As we noted in China Contracts: Make Them Enforceable Or Don’t Bother, it usually makes sense to draft contracts with Chinese companies in Chinese with an English language translation. But this also requires that if that contract is going to be enforced in China (as should usually be the case), you absolutely positively need to be certain that you know exactly what the Chinese language portion of that contract actually says. No matter what the English language portion of your contract says, it behooves you to know exactly what the Chinese language portion says as well.

In other words, if you are not truly able to read and understand Chinese, you probably do not know what your contact says. And if it is an employment contract that you do not fully understand, you could be putting yourself at serious risk.

“Implementation of many laws differs down to the city and/or district level.” Again, correct. And this is particularly true of China’s employment laws. See China Employment Law: Local and Not So Simple.

Bottom Line: Living and working and doing business in China is way more legally complicated than ten years ago. This means that the likelihood of you going astray of Chinese law is considerably higher as well. When you then add in that China’s ability and desire to catch foreign companies and foreigners operating illegally in China is higher now than it has ever been, you can see why it is so critical that you make sure that both your company and you are operating in China within the law. If you are not already operating legally, you need to start doing so now and if you cannot, you probably should leave China or not go there at all.

What are you seeing out there?

      Five Things to do to Avoid Getting Arrested in China, Part 2 syndicated from https://immigrationattorneyto.wordpress.com/