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News The Fly-By

Urban Mission>

A park on Vance, a nearby house, and the locker rooms at Booker T. Washington High School look a little nicer after a group of teens from the First Presbytarian Church in Fort Lauderdale, Florida, spent their annual mission trip sprucing them up last week.

Fifty-three teens and nine counselors worked with the Memphis-based Streets Ministries. They constructed six fitness stations, a playground area, and a volleyball court at the park, rebuilt the roof of a house on Georgia Avenue, and painted the locker and weight rooms at Booker T. Washington.

“Mark Pendergrass [the group’s leader], was originally from Memphis, so he wanted to come back for the group’s mission trip,” said Ken Bennett, executive director of Streets Ministries. “The same way a lot of Memphis churches will go to Brazil or Mexico on mission trips, this youth group came to Memphis. It’s sort of like an urban mission trip.”

The church paid for all the supplies needed. The teens spent a week working on the projects, and according to Bennett, kids from the Streets Ministries pitched in as well. The projects were chosen by Streets Ministries after an inventory of community needs.

Streets Ministries is a Christian outreach center that works with low-income or troubled junior high and high school youth.

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Theater Theater Feature

Three Way

Pain is Good

“The play is written, I hope, with all the fervor and self-consciousness of true melodrama,” says playwright Doug Wright of Quills. “Events in the play are not cruel; they are diabolical. Characters are not good or bad; they are either kissed by God, or yoked in Satan’s merciless employ.” He asks that his play be performed in a nearly archaic, stylized fashion, with all actors striving for the grotesque. He hopes that these ridiculous conventions taken in conjunction with all the stage blood and fake body parts will lend Quills, a fictional play about the Marquis de Sade, an air of the absurd. Wright, whose wordy script drips with rare and bloody meat, ripe for the chewing, is begging his players to indulge in a gluttonous feast of overacting. But Playhouse on the Square’s production of Quills, staged at TheatreWorks as a part of the POTS at the Works series, embraces a jumble of archaic styles ranging from kitchen sink realism to rococo. It is, by turns, frustrating, fascinating, awful, and astounding.

When Brian Mott takes stage as Dr. Royer-Collard, chief physician at Charenton Asylum, and a man perfectly willing to engage in fraud to protect his reputation as a Christian, he is a black-booted vision of discipline and deceit. Royer-Collard, whose riding crop functions as a natural extention of his arm, has no use for the liberal techniques employed by the would-be reformer Abbe de Coulmier. He runs an asylum not a resort, and if God’s work is to be done properly, torture must abound.

In life, de Sade was a rapist and an admitted criminal of the first order. His behavior made him a troublesome figure for admirers and apologists alike. Suppressed because they challenged the belief that wickedness and wisdom can never co-mingle, de Sade’s pornographic novels predict the rise of Freud and the awful inevitability of social Darwinism. When Dickens writes about the sweatshops of London, de Sade is there. The now infamous tapes of Enron executives laughing about how they are going to screw the poorest energy consumers in California echo with a Sadian contempt for all things weak and prove the dirty old man’s continued demonic relevance. Though it strays far from historical facts, Quills gets de Sade very nearly right. He’s the orally obsessed, fecal-minded child who, raised by a sexually abusive priest, watched as his fellow aristocrats were butchered during the French Revolution. He’s a man who has seen the worst in mankind and sees no need to sugar-coat even the ugliest truth.

In his swan-song performance the Michigan-bound Kyle Barnette underplays the oversexed de Sade. Even when dressed as Jesus and sporting a strap-on device with three silly-looking rubber penises attached, he manages to be strangely understated. It’s almost disappointing during de Sade’s more manic episodes. But when Barnette turns to the Abbe, and quietly announces, “He who sits in the sun is often blinded by it and devoured by the forces of darkness,” we are reminded that understatement is this actor’s particular gift.

Courtney Oliver and John Maness play the sweet-hearted (if dirty-minded) laundress and the accidentally evil (if honorably inclined) Abbe who stand between Royer-Collard and de Sade. Before the play is over the two will be joined in a union which can only be described as “post mortem.” Maness is particularly effective as a man who, faced with de Sade’s obstinate perversity, grows to love the kinds of torture he claims to revile. Oliver is, as the playwright proscribes, “touched by God” as de Sade’s virginal accomplice, sliced to pieces and defiled in every way by a lunatic overly aroused by one of de Sade’s literary obscenities.

Quills is an imperfect pleasure. The acting styles range from the supremely subtle to the positively out of control, and difficult, tongue-twisting lines sometimes come out twisted and difficult to understand. It’s a show that, even at its best, can be painful to watch. But a little pain is good sometimes.

Quills is at TheatreWorks through August 1st.

Have it Your Way

Over the years director Bennett Wood has proven himself to be a master of the musical revue. He’s assembled wonderful, witty tributes to such artists as Harold Arlen, Learner and Lowe, and Stephen Sondhiem, but Broadway by Request at Theatre Memphis isn’t Wood’s best work. Not by a longshot. The theater’s patrons selected the 40-plus songs collected in Broadway by Request, so Wood had very little control over the show’s dynamics. If the audience wants to hear one mid-tempo song after another, there’s only so much a director can do to juice things up.

The cast of Broadway by Request has clearly been selected because of their outstanding vocal skills, not their prowess as actors. Songs such as “Get Me to the Church on Time” from My Fair Lady were intended to be acted not sung. Beautifully articulated, pitch-perfect renditions sort of defeat the whole purpose. There are, of course, some exceptional performances. Georgette Turner’s “Bali Hai” from South Pacific and Jude Knight’s “Memories” from Cats prove that there’s still some life in these old clichés.

Broadway by Request is, in many ways, a victim of its own ambition. It should have been a single, tightly focused act with half the number of songs and a clear through-line. It’s hard enough to reconcile “Oklahoma” with “Brigadoon.” Simple and satisfying numbers from Broadway’s golden years don’t mix with the pop schmaltz of Elton John and Andrew Lloyd Webber.

If two hours of show tunes beautifully sung by people in tuxedoes with virtually no acting, dancing, or scenery to support them sounds like your idea of a good time, then Broadway by Request is the show for you. Just try not to recoil in horror as the closing number morphs into a subscription pitch.

To end on a more positive note, the orchestra sounds great. Sadly, that’s not been the standard at Theater Memphis for many years now. Perhaps it’s a sign that, under its new management, things are finally starting to look up.

Broadway by Request is at Theatre Memphis through July 25th.

Germantown Gone Wild

Is hell freezing over? I ask this question because Bash, Neil LaBute’s trilogy of terror, will open at Germantown Community Theatre this weekend as part of an event called The Wild Days of Summer. Bash, which the Homeless Llama Theatre Company will present, is without a doubt the edgiest material to ever appear on stage at the traditionally conservative community theater.

“I had all of these companies asking if we had any openings in our season,” says Cori Stevenson, the theater’s executive producer. “They wanted to know if we had a weekend, or even just a day [open]. It was pretty clear that there was a need for performance space.”

Stevenson’s decision to create The Wild Days of Summer, wasn’t entirely selfless. “It’s a great opportunity for us to look at new directors, new designers, and too look at original scripts,” she says.

In addition to Bash, Pucky Productions will stage The Compleat Wrks of Wllm Shkspr (Abridged)”, and local playwright Ruby O’Gray will present her musical The Real, New, New Adventures of Cindy D. Rella about a girl who lives on the outskirts of Memphis and works in a bad-weave beauty parlor with her stepmother and three wicked stepsisters. n

Germantown’s Wild Days last through August 8th.

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We Recommend We Recommend

The Writing Life

It’s been going great guns,” says publicist Greg Hatfield. “We’re into our last leg of the tour, making a Southern swing.”

Hatfield is referring to the Great American Writing Road Trip Adventure, a cross-country tour sponsored by Writer’s Digest Books to promote the art of writing. Stops include more than 30 independent and chain bookstores nationwide, including Davis-Kidd in Memphis and Square Books in Oxford.

The goal of the tour: to get aspiring writers into print. The materials: networking info, in-store displays featuring titles on the techniques of writing, news of local workshops and writing groups, tips on finding an agent or the eye of an editor, plus some pointers from the pros.

In Memphis, that would be Marshall Boswell, Rhodes College associate professor of English and author (Trouble with Girls; a forthcoming novel from Bantam), and, in Oxford, Tom Franklin, Ole Miss writer-in-residence and author (Hell at the Breech; Poachers). The cost to the (writing and would-be published) public: free.

“We were kicking around ideas,” says Hatfield, publicity manager for F+W Publications, the company behind The Writer’s Market, the annual bible for those looking to publish. “We wanted to review our primary purpose, which is to promote writing. That comes in two parts: to help writers improve their craft and to get them published. We wanted to spread that message. We wanted to barnstorm the country and fit in as many bookstores as possible. At Writer’s Digest Books, we have a good reputation for giving pretty solid advice. We don’t sugar-coat it. It’s hard work. You have to be dedicated. But for those who are drawn into the writing life, they’ll find a way. They look to us.”

On the local writing scene, Boswell says he looks to his neighborhood Burke’s Book Store for local literary news, but he also sees signs of a developing citywide interest in writing of all kinds. He cites this October’s Southern Festival of Books, which will take place in Memphis this year instead of Nashville, the River City Writers Series at the University of Memphis (under the direction of writing instructor Cary Holladay), Jeff Crook’s recent Best of Memphis Anthology 2003, and Rhodes’ own upcoming programs featuring poet Billy Collins and writer Sherman Alexie. For publishing purposes, networking’s fine and good, Boswell adds, but for the aspiring writer, “there’s no substitute for talent.”

And if your talent runs to the novel or short story, Hatfield agrees that fiction is always at the top of the list: “Everyone wants to write the Great American Novel, including graphic novelists, but we’re seeing more children’s writers, nonfiction writers, you name it. We put the Road Trip schedule together, and then we heard: How come you’re not coming here and you’re going there? This from people in places where we’re not going, such as Texas and Colorado. It’s been amazing. We could be on the road for six months. People are starved for publishing information.

“So we’re planning to keep the Web site open to continue encouraging writing groups across the country. While we have a number of booksignings year-round with Writer’s Digest authors, this tour has given us a way to tie everything together. Whether next summer we barnstorm the country again, it’s too early to tell. But the spirit is ongoing.” n

The Great American Writing Road Trip Adventure will be at Davis-Kidd Booksellers on Thursday, July 22nd, at 6 p.m., and at Square Books in Oxford on Saturday, July 24th, at 2 p.m. For more information and news of the tour, go to www.livetowrite.com.




The Material Mode

Now in its 31st year, one of the longest-running U.S. literary gatherings focusing on one author returns, July 25th-29th, when the University of Mississippi again hosts the Faulkner and Yoknapatawpha Conference in Oxford.

This year’s subject for discussion, “Faulkner and Material Culture,” will be spread across five days of lectures, panels, exhibits, readings, stage performances, musical events, and area tours, all designed to highlight the “materially made world” in Faulkner’s fiction, according to Donald Kartiganer, University of Mississippi professor of English and holder of the Howry Chair in Faulkner Studies.

“We are so embedded in a materially made world that we scarcely recognize it as a cultural mode,” Kartiganer says.

For “mode,” think Faulkner’s use of homes, clothes, transportation, work, sports, food, and drink, or in the words of Taylor Hagood, a doctoral candidate in English at Ole Miss, something as seemingly incidental as the teeth marks on a pipe stem. Stuff, maybe, but the stuff of the writer’s art.

On the 25th of July, look for an annual conference highlight: announcement of the winner of the Faux Faulkner Contest, which asks entrants to produce “one really good page of really bad Faulkner parody.” Your host and coordinator for the event: the author’s niece, Dean Faulkner Wells.

For information on conference fees, lodging, and meals, call 662-915-7283 or go to www.outreach.olemiss.edu/events/faulkner/. — LG

Categories
News The Fly-By

The Blotter

We’re not going to touch this one: Police were called July 15th after three women stole about $800 worth of clothing from an Express store. From the report: “The suspects are known as the ‘skirt ladies,’ because they have been caught shoplifting before and have been banned from the mall. The complainant had no knowledge of the ban. The complainant observed a suspect with her hand down her skirt. Complainant asked the suspects if they needed any help.” The skirt ladies told her no and ran out of the store.

If there’s one place you should feel safe : A man told police his pocket had been picked July 14th while standing in line at 201 Poplar. He was waiting to go through security at the county’s criminal justice center when someone took his wallet from his back pocket.

Deep breath now, in and out: A man trying to sell a $10,000 sapphire ring through a newspaper ad agreed to meet an interested buyer at St. Francis Hospital. The potential buyer described himself as a doctor and wore blue scrubs and a mask. He asked the seller if he could take the ring and show it to his co-worker. The “doctor” and the ring never returned.

A for knowledge of current events; F for execution: Police responded to a blackmail/extortion complaint July 18th. Two females had called a man and said they were going to accuse him of inappropriate sexual conduct with his students at Wooddale High unless he paid them $20,000. The suspects, however, did not tell the victim how he was supposed to give them the money.

Categories
Music Music Features

A Million Points of Light

Waylon Payne strolls into the hotel bar right on time, and he is a sight to behold — worn-out blue jeans, a torn denim shirt that spotlights a few of his many tattoos, and freshly close-cropped peroxided hair. His voice, a unique blend of Tennessee grit and Texas twang, pours out as languorously as it does in his songs. Wrapping one hand around a Budweiser longneck, Payne settles into a chair and lights a cigarette, ready to discuss the latest chapter in his life.

“This movie came out of the blue,” he says as an opener, referring to his role as Jerry Lee Lewis in the Johnny Cash biopic Walk the Line, which has brought him to Memphis. “My agent called me and told me they were looking for singers, so I went in and read for Waylon Jennings. When I went for a callback, I decided I wanted to play Jerry Lee Lewis.”

Payne leans back in his chair and turns on a piercing gaze that threatens to suck all of the air out of the room. Then he blows out his match and shrugs: “It just kinda happened. Doesn’t everybody want to make it to Hollywood?”

The moment is over as suddenly as it began, and Payne continues his story. “Me and Jerry Lee both have a lot of torment going on in our lives,” he says, laughing. “We both came from religious backgrounds, and we’re both the sons of singers and outlaws. My mama is a pop princess, and my daddy runs with Willie Nelson, so hey!”

He’s glossing over the facts. His mother, the country star Sammi Smith, hit it big in the early 1970s with “Help Me Make It Through the Night,” while his father, Jody Payne, has played guitar in Nelson’s band for more than three decades. He’s also the godson — and namesake — of the late Waylon Jennings.

“But I didn’t grow up in a musical home per se,” Payne adds, explaining that although he was born in Nashville, he was raised by an aunt and uncle in south Texas. “Mama was on the road all the time, and I didn’t meet Daddy until I was 15, because he smoked pot. Music was discouraged, except for singing in church. We were Southern Baptists. I even went to Oklahoma Baptist University for about a minute!

“I was living in Texas, singing at a theme park,” Payne remembers, “when Johnny Russell called me from backstage at the Grand Ole Opry and said, ‘You need to come on back to Tennessee.’ Well, baby, I went! As soon as I got to Nashville, I hit the bars. I thought I was gonna be the next big thing, but years went by. I worked from midnight ’til 8 a.m. as a short-order cook. For a while at least, I was perfectly happy living my beatnik life and playing my guitar in the mornings.”

“I didn’t have a clue,” Payne admits. “I didn’t even realize there was a difference between being just a singer or being a songwriter who could sing.” He credits two unlikely sources — country singer Shelby Lynne and rocker/author Henry Rollins — for the breakthrough.

“Rollins’ book Now Watch Him Die was an inspiration. It was the first time I’d ever seen someone spill out exactly what they were thinking,” Payne says. “And I didn’t think I had anything to say until I met Shelby. Once we became friends, she taught me how to let myself open up. Both she and Rollins showed me how to spill my guts.”

Payne’s debut album, The Drifter, embodies the lessons he’s learned. From the acoustic ballad “Her,” which opens the record, on through the soulful country of “On & On” and the honest desperation of “The Bottom,” Payne delivers his simple truths in an ethereal twang that somehow combines the lyricism of Lucinda Williams with the vocal range of Jeff Buckley.

Payne leans forward. “I am such a romantic,” he confides. “Every song I’ve written has something to do with romance on some level — either the misery caused from it, the elation, the joy, or the suicidal tendencies. I fight with my baby all the time. What’s the point of that? We tear each other down just to get to know each other better so we can love each other more. It’s so sad,” he says, sighing dramatically.

“Every time I open my mouth, I try to make what comes out mine. I don’t bullshit. I sing about the things I’ve been through, and I tell things like they happened. There aren’t any secrets with me. If you want to know anything about me, just listen to my songs.

“I want to say new things. I want to put new spins on old things. I want to write about everything I feel,” he says, blowing the words out with a blast of smoke. “This is my time. If you get the opportunity to clutch that brass ring dangling right in front of you, why not grab the motherfucker? I want to grab it. I want to spin big-time. And I want to explode into a million, billion points of light.”

Waylon Payne is appearing at B.B. King’s Blues Club on Thursday, July 22nd.

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We Recommend We Recommend

thursday, 22

SUNSET ON THE SQUARE SUMMER CONCERT SERIES. The 13th season of weekly outdoor concerts by local and regional artists. Historic Town Square, Collierville. Free. 7. p.m. (St. Somewhere, July 22)

KIX 106 COUNTRY MUSIC C0NCERT SERIES. A performance by various artists at Handy Park. 8:15 p.m., Thursday through Sept. 2. (Chely Wright, July 22)

Categories
Music Music Features

Local beat

Memphis rockers have a difficult choice this Saturday night: Hit the Lost Sounds and Ponys gig at the Young Avenue Deli or attend filmmaker John Michael McCarthy‘s “Hurricane Elvis” event at Earnestine & Hazel’s downtown. While the Deli show pairs the city’s most intriguing act with one of Chicago’s best, McCarthy has garage-rock nostalgia in his corner with a pair of old-school faves, Memphis’ Impala and New Orleans’ The Royal Pendletons.

“We were all there for the big garage-rock bang in the ’90s,” McCarthy says. “Impala did the soundtrack for my film Teenage Tupelo, while the Pendletons played themselves in The Sore Losers. We all share a history, so it’s fitting to work together in the next decade.”

Although McCarthy explains that “Hurricane Elvis” is a fund-raiser for his next movie project, a live-action version of Cadavera (a comic book he drew in the ’90s), he makes it clear that most of the $15 cover will go toward paying the bands.

“There are a lot of punk rockers who feel slighted [about the ticket price], but everybody needs to support each other,” McCarthy says, referring to a recent discussion about his business ethics on the Goner Records bulletin board (www.goner-records.com). “It looks like “Hurricane Elvis” is gonna be the Fahrenheit 9/11 of local shows this summer. I think it’s good to inspire controversy,” McCarthy says. “But seriously, I’m gonna take money from rich people, poor folks, and the middle class and give most of it to the musicians.

“My credit is over,” McCarthy bemoans good-naturedly, referring to the myriad Visa and Mastercard accounts he used to finance flicks like Teenage Tupelo, The Sore Losers, and E*vis Meets the Beat*es.

“Now I’ve got Arthur Tate, a lawyer in San Diego, putting together an investment package. We need people who understand what I’m good for: saving American pop culture! I have something to offer, but I ain’t gonna whitewash it and I ain’t gonna water it down. It’s drive-in cinema, and the world needs to sit back and watch.”

McCarthy, who plans to begin filming Cadavera “as soon as we can find some patrons,” is hoping to raise $3 million. “It seems to be a fertile time to be making movies,” he notes, referring to Craig Brewer‘s Hustle & Flow, currently in production. “For me, it’s been way too long.”

“Hurricane Elvis” — an officially sanctioned 50th Anniversary of Rock ‘n’ Roll event — will begin at 9 p.m. Saturday, July 24th, at Earnestine & Hazel’s. Downstairs, Impala and the Royal Pendletons will rock the house. Harlan T. Bobo will play upstairs. Music-related photographs by Dan Ball, Peter Budd, Winston Eggleston, Steve Jones, Don Spiro, Marty Perez, and Kelly Cox will be sold in a silent auction. Go to www.guerrillamonster.com for more details.

Memphians have a good reason to belly up to the bar at Huey’s this weekend: The popular Madison Avenue burger joint and all six of its satellite locations are hosting a fund-raiser for the MusiCares Foundation.

The nonprofit agency, an offspring of the National Academy of Recording Arts & Sciences, was established in 1989 to assist music-industry veterans in times of need.

According to Debbie Carroll, the program’s national director, MusiCares assisted approximately 1,000 people with over $1 million last year. “We’ve helped a substantial number of people in the Memphis area, and our efforts have increased annually,” she says. “If there’s a need, we’re typically able to help.”

Memphian Jay Sheffield, co-owner of the Huey’s chain, learned about MusiCares while serving on NARAS’ board of governors. “The impact of this foundation is enormous,” he says. “It’s not a welfare deal. It’s a security net for creative artists who don’t have the corporate infrastructure to help with things like health-care.”

“We wanted to raise awareness and funds for MusiCares at the same time,” Sheffield continues. “We thought a fund-raiser would be a perfect fit. Rather than do one event, we decided that we could donate receipts from all of our restaurants on a given day. MusiCares isn’t something you see advertised on billboards or on TV commercials, but we can try to elevate awareness this way. “

On Sunday, July 25th, between 6 and 10 p.m., all Huey’s locations will donate 10 percent of their food and beverage sales to MusicCares. Delta Grass and The Lakesiders are scheduled to perform at Huey’s Midtown (1927 Madison Avenue); Di Anne Price & Her Boyfriends and Dave Cousar & the Surface-To-Air Band at Huey’s Downtown (77 S. 2nd Street); The Gamble Brothers Band at Huey’s Poplar (4872 Poplar Avenue); Krysilus at Huey’s Collierville (2130 W. Poplar Avenue); Jim Wilson & Mama’s Lap and The Soul Shockers at Huey’s Cordova (1171 N. Germantown Parkway); The Memphis Soul Revue at Huey’s Southwind (7825 Winchester Road); and Twin Soul at Huey’s Southaven (7090 Malco Blvd).

For more information, go to www.grammy.com.

E-mail: localbeat@memphisflyer.com

Categories
Music Record Reviews

Short Cuts

Radios Burn Faster

Read Yellow

(Fenway Recordings)

Harnessing a potent combination of Dischord label punk (think Fugazi or Nation of Ulysses) and college-circuit noise collagists (Sonic Youth, the Pixies), Massachusetts’ Read Yellow have accomplished more on their sophomore release than most bands hope to do in an entire career. Radios Burn Faster literally bristles with energy, building on the post-punk pastiche popularized by bands such as And You Will Know Us By The Trail Of Dead and Unwound. It’s easier to describe the distinctiveness of Radios Burn Faster than it is to pin down Read Yellow’s aural philosophy. They don’t subscribe to the emo school of rock, nor are they overtly political, although the album’s opening track, “The Association,” references a relationship gone wrong, and “Model America” discusses the current scene in Washington, D.C.

Musically, it’s another matter. Evan Kenney’s and Jesse Vuona’s dueling guitars cut in and out of the sonic maelstrom on “Fashion Fatale,” my nomination for the hardest rocking love song of 2004, while bassist Michelle Kay Freivald and drummer Paul Koelle kick out the jams on the death-trap rattle of “Modern Phobias.” Meanwhile, assorted voices and diverse rhythms add complexities throughout the album. Those searching for the future of rock should pause and listen: This quartet just might be it. Andria Lisle

Grade: A

Read Yellow perform with Your Enemies’ Friends at the Caravan on Tuesday, July 27th.

You Are the Quarry

Morrissey

(Attack Records)

Despite the tommy gun he cradles on the cover and his recent Dixie Chicksstyle presidential smackdown, Morrissey sounds benign, harmless, and strangely avuncular on You Are the Quarry, like a paler version of his old self. He lives alone in the not-very-English city of Los Angeles, settled into a closed-off life that his Smiths songs always made seem inevitable.

The two lead tracks are called “America is Not the World” and “Irish Blood, English Heart,” giving an idea of the bluntness of his attacks. Such large targets make for dull lyrics, lacking the Moz’s famous wit: “The land of the free they said but where the President is never black, female, or gay.” An interesting point to get hit over the head with.

Fortunately, Morrissey is just as self-absorbed as ever, and songs such as “How Could Anyone Possibly Know How I Feel?” stand out. On one of the album’s better songs, “I’m Not Sorry,” he looks back in, not anger exactly, but the gentle jadedness he’s perfected over two decades.

His voice is still strong, effortlessly hitting the high notes on the choruses of “I Have Forgiven Jesus” and “Come Back to Camden.” Unfortunately, the music that accompanies that voice is dry and unimaginative. Alternating between generic guitars and tired programmed beats. The music never overwhelms Morrissey’s voice or words, but it never adds any drama or emphasis either. It’s merely aural wallpaper.

Stephen Deusner

Grade: C+

2:30 AM

Kevin Montgomery

(Syren)

The son of two music-biz veterans (his pop, Bob Montgomery, worked with Buddy Holly, while his mom sang back-up for Elvis), Kevin Montgomery seemed a likely candidate for country stardom. His major-label debut (1993’s Fear Nothing) failed to hit its mark, however, and he was banished to indie-label obscurity. Lesser men would’ve given up, but Montgomery took the setback in stride.

Accompanied by such veteran players as Robert Reynolds and Paul Deakin (both of the Mavericks) and vocalists Trisha Yearwood and Lee Ann Womack, the melodious Montgomery comes up aces on these 13 tracks. Songs run the gamut from Gram Parsons-esque country rock (“Tennessee Girl,” and “Melrose”) to above-standard singer-songwriter fare (“Red Blooded American Boy”). An organ keeps things interesting on “Thank You Very Much.”

All in all, 2:30 AM is a perfect album for roots-music fans unfamiliar with Montgomery, although old fans might be slightly disappointed: A few of these tracks already have seen the light of day on earlier CDs such as Fear Everything, released in 2000, and Bootleg, a U.K.-only album, which came out in 2002. AL

Grade: A-

Kevin Montgomery performs at the Hi-Tone Café on Wednesday, July 28th.

Categories
Cover Feature News

In the Name of Love

When asked about the court decision that terminated his parental rights to his oldest daughter, Anna Mae, Jack He becomes agitated. He pounds his fists on the table, pleading his case. He is particularly angry about the 73-page opinion issued by Circuit Court Judge Robert “Butch” Childers. “You’ve read Childers’ decision, yes? You read what he says about us, yes? A few times, yes?” he asks. Touching his chest, he continues, “Me, I can recite it.”

Reciting the opinion is not something He enjoys. It is filled with stinging criticism of He and his wife, Casey. Childers characterized the couple as manipulative and dishonest, essentially unfit to raise Anna Mae.

Throughout the trial, and the years leading up to it, He remained optimistic that he and his wife would regain custody of their daughter. Now, two months after the decision, He is at times deflated. “It is hard for us to see hope now,” he says, burying his face in his hands. “I hoped for a favorable resolution but did not receive it. But we will appeal, and maybe the court will overturn the decision.”

That persistence is part of He’s character. The couple’s lawyer, David Siegel, credits He’s persistence for keeping the case alive. “There are many other cases like the Hes’,” Siegel says. “But the other people didn’t have the wherewithal and the guts to stand up to the powers that be. No matter what you say about Mr. He, you have to give him credit for that.”

Siegel has been the Hes’ lawyer for more than two years, having taken over after their court-appointed attorney, Dennis Sossaman, withdrew from the case in February 2002. Seigel agreed to work on a pro-bono basis, and estimates that his compensation, at an hourly rate of $175, already totals more than $150,000. Seigel says his gratuitous involvement was emotional, not logical. “[This case] reminded me of why I went to law school in the first place. I had been [practicing law] for about 16 years and I saw this case as a defining moment for my personal beliefs.”

The Hes’ custody battle is not uncharted territory for Siegel. He has practiced family law for years, but his passion for the case is evident. His intensity increases as he makes his points. He stops abruptly at times, honoring the judge’s orders not to use Anna Mae’s name when discussing the case.

Siegel and co-counsel Richard Gordon have filed an appeal against Childers’ ruling. The lawyers have until mid-August to file a transcript notice with the appellate court. Once filed, the attorneys for both sides will receive a briefing schedule.

Seigel and Gordon maintain that custodial parents Jerry and Louise Baker and their attorney Larry Parrish did not prove that the Hes abandoned Anna Mae, nor did they prove that termination of the Hes’ parental rights was in the best interest of the child. “You don’t get to go to [point] two unless you prove [point] one,” says Siegel. “There must be some legal guidelines that the judge must follow to terminate the rights, other than to have some feeling.”

Amy Baker turns a cartwheel across the living room, showing off her new skill. Across the room, Anna Mae concentrates, drawing a picture on brown paper. Brow wrinkled, she tapes down the edges before presenting her creation in a ladylike manner. Then she smiles goodbye and retreats to the backyard, just like a regular kid, just like a kid who didn’t have her face and name all over the national and local media.

“With us, she’s just Anna, ” says Louise Baker, Anna Mae’s custodial mother. Louise and her husband Jerry have been Anna Mae’s legal guardians since June 4, 1999. They were her foster parents prior to that. In fact, the Bakers have had custody of Anna Mae since she was four weeks old, when the couple agreed to foster-parent the child through Mid-South Christian Services.

The Hes were in a financial crisis. Jack had lost his assistant teaching position and stipend from the University of Memphis and was facing deportation as a result of losing his student status. He was also facing charges of sexual battery and assault for an alleged incident in October 1998. (Jack was eventually acquitted of all charges.) Then in late November 1998, the Hes were attacked at a Chinese grocery store, sending Casey, who was pregnant, to the hospital. After delivering Anna Mae prematurely on January 28, 1999, the Hes were unable to provide for her medical needs. A church friend suggested Mid-South Christian Services.

The Bakers had been foster parents through the agency since 1997, fostering 10 children during their transition from foster- to adoptive-care. Until Anna Mae, the couple had not fostered a child for more than a few days at a time. Anna Mae was to initially remain in their care for three months.

At the end of that period the Hes were still unable to care for Anna Mae. Jack had completed his degree requirements, but had been denied his degree by the university. A petition was filed in juvenile court granting the Bakers temporary custody of the child. A plan also was devised by Jack and Jerry for Anna Mae to reside with the Bakers until she was 18. (See below.) According to both men, the plan was written up during a poolside meeting at the Hes’ apartment complex. According to the agreement, the Bakers were to keep the child, but the Hes were to have visitation rights and Anna Mae would retain her last name. Although the plan was not signed, the Bakers and their lawyer, Parrish, say it was the intent of both parties.

“We only did what a couple asked us to do, and that was to raise their daughter until she reached 18 years old,” says Louise. “Somewhere during this process, they decided to do something else.”

The day after receiving temporary custody, Louise began a journal detailing the Hes’ visits to see Anna Mae. “I never kept a journal for any of the other children [we fostered] because there was never any agreement for us to keep them,” she says. “The purpose of the journal was to log the truth. If I had done it as some sort of record to use against the Hes, the [entries] would have been much more selective.”

In May of the following year, the Hes filed motions to modify the temporary custody agreement and have their daughter returned to them. After a visitation session at the Bakers’ resulted in the police being called, the Hes discontinued visits with Anna Mae, based on what they understood to be police orders not to return to the home. Before the incident, the Hes had visited Anna Mae more than 80 times. Four months later, the Bakers filed for adoption of Anna Mae and termination of the Hes’ parental rights in Chancery Court before Chancellor D.J. Alissandratos.

The Hes and their attorneys say the journal, which was the basis for much of the testimony during the trial, was a trap set for the Hes. Parrish, the Bakers’ lawyer, sees it differently: “I didn’t tell her to keep the journal, because I was not even her lawyer at the time,” says Parrish. “But if I had been,” he adds, “I would have told her to do so, because that’s smart. At the time, everything was beautiful, but things can turn very antagonistic.”

Parrish says his time and expenses have far outweighed his fees. (The Bakers’ outstanding balance stands at more than $400,000.) “Even if this case did not involve this little girl,” he adds, “what it boils down to is willful abandonment. I’m not crusading, but the birth parent thing doesn’t mean anything to me.”

Parrish, who is a former assistant U.S attorney and federal special prosecutor, is no stranger to high-profile cases. In the late 1970s, he led a team in prosecuting 16 people involved in the production of Deep Throat and other pornographic films. Although some of the indictments were eventually overturned, Parrish earned a reputation as a crusader. Two decades later, as special prosecutor, he worked to bring more than 200 indecency, prostitution, and obscenity indictments against several Memphis topless bars, but those indictments were overturned when the Tennessee Supreme Court ruled it was illegal for a prosecutor to be paid by a private group. (Parrish was given $500,000 by Citizens for Community Values to support his crusade against the topless clubs.)

In his opinion on the case, Childers described Casey He as “calculating, almost theatrical, in her actions” and “dishonest and manipulative.” He also wrote that she “has a history of acting in an unstable manner when it serves her own self-interest.” During trial testimony, Parrish pointed out that the Hes lied to get Casey into the country, saying they were married when there was no documentation. Parrish also detailed Casey’s response to gag and no-contact orders handed down by Alissandratos: She picketed Parrish’s office lobby, confronted Louise in a Germantown Wal-Mart, and refused to hand over Anna Mae’s passport.

Jack describes his wife’s actions as “reasonable,” saying that any mother in a similar situation would have done the same things. “Did those things affect the outcome of this case? Clearly it hurt them,” says Siegel. “But it shouldn’t have hurt them, because desperate people do desperate things.”

Other legal issues further complicated the case. Some experts say Childers’ ruling was based on a misinterpretation of Tennessee’s adoption, custody, and parental rights laws. Siegel petitioned the Chancery Court for a bifurcation, or separation, of the two main aspects of the case: abandonment and termination of parental rights. The petition was denied. Child advocacy attorney Chris Zawisza says that Childers’ denial could provoke an overhaul of the state’s child-custody laws, since the case will likely go to the Tennessee Supreme Court.

Tennessee statute defines abandonment as “a period of four (4) consecutive months immediately preceding the pleading to terminate the parental rights of the parent(s) of the child that the parent(s) either have willfully failed to visit or have willfully failed to support or have willfully failed to make reasonable payments toward the support of the child.”

“It’s the willful part of it that matters,” says Zawisza, who began her career as a Florida attorney and went on to write most of that state’s custody statutes. “There is no statute that defines willful.” Tennessee’s four-month period is one of the shortest in the country. Most states require six months or longer. “I think the big issue in this case is that it was a termination of parental rights,” says Zawisza. “For that type of case, we look at the [birth] parents and them alone. Instead, [in the He/Baker case] there was a comparing of adoptive parents, character, and cultural issues. It seemed to me that the court was trying a case in which two people were divorcing and someone was trying to get custody.”

Siegel has long argued that his clients did not willfully abandon Anna Mae. He contends that the Hes’ juvenile court filings to modify the temporary custody order and their appeals to the juvenile court referees and judge are evidence of their desire to regain custody of their daughter. He contends the Hes did not return for visits because they were told not to do so by the police.

Parrish calls this an “excuse,” adding, “These people never obeyed any orders from authority before. Why didn’t they just disobey this one?”

Part of Childers’ opinion was based on the state’s repeal of the Settled Purpose Doctrine in the adoption code, which required a parent to have demonstrated a “settled purpose” to forego all parent rights in order for abandonment to be determined. That statute was repealed in 1996. But a 1998 case involving the revision was determined by the Tennessee Supreme Court to be unconstitutional. Siegel’s argument is that this appeal requires the code to revert to the original Settled Purpose Doctrine. Childers disagreed, saying that even if this were true, the Hes’ actions, or lack of actions, demonstrated a settled purpose to forego their rights to Anna Mae.

Memphis Area Legal Services general counsel Webb Brewer was one of the attorneys for the 1998 statute appeal, known as the Swanson case. “Very often we handle cases that look like the He case, in that you have affluent people who are wanting to adopt from lower-income people of color,” says Brewer. “I think that’s why this case has been receiving so much attention. When it was poor African Americans, no one really paid much attention. I think there is a need for some clarification [of Tennessee law], specifically in the lower courts. There is a strongly protected constitutional right of natural parents that shouldn’t be interfered with. The courts have gotten into second-guessing parents. That’s dangerous. If you don’t maintain that line, then it starts to look like ‘Big Brotherism,’ and all types of parenting methods are questioned.”

Zawisza and Brewer agree on the need for change. “It needs to be made totally clear that there are two phases in these cases, and you don’t get to ‘a better custodian’ until you make the determination that there is abandonment and whether it manifestly is in the best interest of the child to terminate [parental rights],” says Zawisza. “No matter how hard the decision is, you don’t get to ‘those nice people over there’ until you’ve followed the statute.”

“We were told by child psychologist David Goldstein not to prepare her for something that may not happen,” says Louise. She’s talking about having to tell Anna Mae about a possible change of custody if a higher court’s overturns Childers’ opinion. “She knew that she had a mommy and daddy to take care of her and that she had a Chinese mommy and daddy.”

“You try to talk to her about it, and she doesn’t say anything,” says Jerry. “She’s not interested in it. We plan on telling her about everything when she gets older.”

The Bakers say they have only experienced two negative incidents locally. One incident involved an anonymous phone call saying that Anna Mae would be kidnapped. However, the couple has been the topic of debate since the case was brought to the national spotlight in USA Today two years ago. “After a while you just get numb to it. Of all the things that came out in the trial I hate that our finances were exposed,” says Jerry. After losing a high-paying job, Baker took a much lower-paying position, which led to the family moving into a smaller home. Legal fees left the family almost bankrupt.”I think the Hes understood what they were doing,” Baker says, “and they used this little girl as a pawn.”

At every opportunity, Jerry and Louise steal hugs and kisses from Anna Mae. “I love you,” Louise says. Although Anna Mae smiles an implied “I know” in return, there is tension in Louise’s words. “The hardest part is getting back to normal,” she says. “The thing is, though, that if the Hes asked us to help them in the future, we’d help them again.”

Jack HE was acquitted of the sexual misconduct charges in February 2003. Like Anna Mae’s custody battle, that case also was marked by years of delays, with a final outcome delivered almost four years after the initial allegation. He filed a legal complaint with the Tennessee Board of Professional Responsibility, this time against his own victorious defense attorney, James Hodges. Hodges is reluctant to discuss the complaint, which was mainly a fee grievance, saying only that the misunderstandings have been resolved. Jack’s outstanding balance with Hodges for his criminal case representation stands at almost $7,200. His complaint against Alissandratos ultimately led to that judge’s recusal from the case.

“My home life now is not so good,” says Jack. “Each night, when I get home from work, my wife has put the two children to bed, but she is up waiting for me. And she asks me the same question each day: ‘Is there any good news?'”

At the end of every conversation with a reporter, Jack reiterates important points to include in their story. “Make sure and clarify that with termination of parental rights there is no right for visitation and therefore we cannot see our daughter,” he says. “And make sure to say that I no longer want to leave the United States without my daughter. I want to stay and fight. And make sure that you say we are very disappointed in the judge’s decision. And make sure you include that we are very happy with Mr. Siegel’s work. And make sure ”

TIMELINE

The events leading up to Judge Robert “Butch” Childers’ decision to terminate the Hes’ parental rights began more than nine years ago, when a Chinese college professor named Jack He came to America ultimately seeking to obtain a degree in information systems from the University of Memphis. He and his family became involved in a criminal case, immigration snafus, and ultimately the loss of custody of their first-born child. Following is a timeline of one family’s troubled American experience.

1995

Jack He, a Chinese professor, enters the United States on a student visa to pursue graduate degrees from the University of Arizona and the University of Memphis.


1998

June — He sends for his wife, Casey.

October 17 — He is accused by a fellow University of Memphis student of sexual battery and assault. The woman, also a Chinese immigrant, claimed He fondled her and relieved himself on her before she escaped the building. He had been tutoring the student in English. He loses his legal immigration status, his position as teaching assistant, and stipend as a result of the charges.

November 27 — Jack and Casey He are attacked while shopping in a Chinese grocery store. Casey, six months pregnant, is struck in the abdomen and begins bleeding. She is taken to a hospital.

December 21 — The Hes meet with a prospective adoptive family for their unborn child. They decide not to go through with adoption.


1999

January 28 — Anna Mae is born prematurely. Unable to financially care for her medical needs, the Hes place the child in foster care at four weeks of age with Jerry and Louise Baker through the help of Mid-South Christian Services (MSCS) agency. The Bakers had been foster parents through the agency since December 1997. The foster period is to last 90 days.

February 23 — The Hes make their first of more than 80 visits with Anna Mae in the Baker home.

May — A C Wharton is hired to represent Jack He in his criminal case. Wharton presents He with an offer of diversion, which would require him to serve a one- to two-year probation and undergo counseling before having his record expunged. He declines the offer, citing his innocence.

May — Jack He completes masters coursework. His degree is withheld by the university pending the outcome of the criminal case.

June 2 — Meeting is held with Bakers, Hes, attorney Kevin Weaver, and Diane Chunn of Mid-South Christian Services to discuss temporary custody rights for Anna Mae.

June 4 — Still unable to financially care for their daughter, the Hes file a petition with juvenile court asking that custody of Anna Mae be awarded to the Bakers. The child is signed out of the custody of MSCS. The following year, Jack He and Jerry Baker write a plan saying that Anna Mae would be left in the care of the Bakers until age 18. Jack He says the plan was never totally agreed upon and no signatures were included on the handwritten document. Baker contends the plan reflects the intentions of the Hes.

June 5 — Louise Baker begins keeping a journal of visits made by the Hes to see Anna Mae.


2000

May 3 — The Hes file a petition in juvenile court to modify the June 4, 1999, custody order, asking for the return of Anna Mae.

June 28 — The petition is denied in juvenile court.

August 1 — Casey He visits Anna Mae at the Baker home. She refuses to leave when Louise Baker has to leave for an appointment. Casey’s actions lead to a call to the police.

October 28 — Andy, the Hes’ second child, is born. Louise assists the Hes by taking him to doctor’s appointments and for immunizations.


2001

January 28 — The Hes visit Anna Mae at the Bakers’ on the child’s second birthday. When the Bakers refuse to allow Anna Mae out of their home for pictures, Casey becomes enraged. The police are called. They tell the Hes not to return. This order becomes a point of contention in the ensuing custody process.

May 28 — Four-month abandonment period deadline expires.

May 29 — Casey He files another petition for the return of Anna Mae from the Bakers.

May — Wharton resigns as Jack He’s attorney in the criminal matter. Stephen Sauer is appointed by the court to represent him.

June 20 — Bakers file a petition in chancery court to terminate the Hes’ parental rights. They request adoption, citing the Hes failure to visit Anna Mae for four months, as outlined in the state’s abandonment statute. Proceedings are moved to Chancery Court and Chancellor D.J. Alissandratos.

June 22 — Dennis Sossaman is appointed as attorney for the Hes.

August — Larry Parrish is retained as legal counsel by the Bakers.

August 6 — Hes meet for first time with court-appointed guardian ad litem, Kim Mullins, who is serving as Anna Mae’s lawyer.


2002

January 7 The Hes apply for a Shelby County marriage license. The couple had been accused of lying about their Chinese marriage because no legal documents had been produced.

January 23 Alissandratos orders the Hes to pay $15,000 in guardian ad litem fees within seven days, based on Jack He’s testimony that Casey’s brother is a millionaire and can loan them money. The Bakers are later ordered to pay the same amount.

January 24 USA Today publishes the first national article on the battle over Anna Mae.

February 8 Alissandratos issues a “no contact” order barring the Hes from visiting Anna Mae.

February 12 Alissandratos issues a gag order barring litigants from discussing the case outside the court, including the media. Jack and Casey He both defy this order.

February 14 Sossaman’s motion to withdraw from representation of the Hes is granted.

February 15 David Siegel becomes the Hes’ attorney. Agrees to take the case pro bono.

February 20 Casey He attempts to picket Parrish’s office building carrying a sign, the USA Today article, and a photo of Anna Mae. The following day, she pickets the Bakers’ home. Alissandratos holds her in contempt of court.

February Supporters of the Hes establish the Anna Mae He charitable foundation.

July Casey is arrested and jailed overnight for attempting to enter Alissandratos’ chambers and resisting arrest. Charges against her are eventually dropped.

September 9 Avita, the Hes third child, is born.


2003

February 18 Jack He’s criminal trial begins, four years after the initial allegations are made.

February 21 He is found not guilty of sexual misconduct.

September 4 Judge Alissandratos denies Siegel’s request for a summary judgment ruling, jury trial, and bifurcation, or separation of the abandonment and termination issues. Trial date is set for September 29th.

September 29 Linda Holmes, attorney for guardian ad litem Kim Mullins, requests continuance due to family emergency. Case is continued to October. Siegel’s emergency motion for immediate visitation by the Hes is denied.

October Jack, through the Chinese Embassy in Washington D.C., files a complaint against Alissandratos with the Tennessee Court of the Judiciary. Alissandratos withdraws from the case, which is transferred to Circuit Court judge Robert Childers.


2004

February 23 The termination of parental rights trial begins. Testimony lasts 10 days, with sessions lasting as long as 14 hours each day.

May 12 Childers renders his decision, granting the Bakers’ motion to terminate the Hes’ parental rights. Siegel and Gordon file an appeal a week later. The appeal blocks the Bakers’ ability to adopt Anna Mae until the case is resolved.

May 18 The Hes issue a response to Childers’ decision, calling it “the harshest of family law, equivalent to death penalty of the criminal law.” n

Categories
Food & Wine Food & Drink

Food NEWS

Stop 345, at 345 Madison, spices up the menu with a bit of Italian. Owners Mike and Becky Todd have introduced Pete & Sam’s toasted ravioli and Mama Cecelia’s spaghetti to complement the regular bar fare. Mama Cecelia is Mike’s Sicilian-born mother. She taught her daughter-in-law the secrets to making her special sauce, or “gravy” as she calls it.

“She would never give me the recipe,” Becky says. “She would say, ‘I don’t have a recipe. You just have to watch me make it.'”

Try out the signature sauce at 345’s “Birds, Beer, and Bowl” during the next Redbirds game. The special includes free parking for the game, a draft beer, and a big bowl of Mama Cecelia’s spaghetti for $5.

The bar currently opens Tuesday through Saturday at 4 p.m. However, the couple plans to extend the hours to offer a basic Italian menu during lunch.

Since opening a year ago, the restaurant/bar has gone through many changes and challenges. It began as a comedy club with Sandra Bernhardt as the debut performer, but the club was hidden beneath the dust and debris from construction on the Madison Avenue trolley line. Now, Stop 345 uses its large event room for wine tastings, special events, and musical guests such as the band Styx, which will perform July 23rd.

“We probably made a mistake coming in with such big acts before Madison was finished,” Mike says. “The biggest killer was that Madison was impassable. I think as the area develops and the trolley continues to run and people are more aware of it, it will become one of those out-of-the-way places that people love.”

The monthly wine tastings at the Corkscrew, 511 South Front Street, have been suspended and will resume in the fall, but owner Andy Grooms has partnered with local caterer Elizabeth Boyd to create Alice’s Dish, a deli-style lunch spot in Fratelli’s former location next door. While it will be a few months before the restaurant opens, Boyd will begin catering from the location August 1st.

“We will start marketing corporate lunches although I’ve done weddings, cocktail parties, and other events,” Boyd says. “Then, as soon as we get everything ready, we’ll open for lunch, with sandwiches, soups, and salads. We will also prepare gourmet products to take home.”

“Catfish Ain’t Ugly” is the motto of the Cajun Catfish Co., located at 1616 Sycamore View Road in Bartlett. After moving Willie Moffatt’s to Whitten Road, owner Steve Prentiss, with general manager and chef Ron Bates and other investors, opened the family-style restaurant.

The restaurant has been remodeled using raw cypress to capture the feel of a fisherman’s wharf and even features a gift shop. The menu includes Cajun dishes, such as étouffée and gumbo, and, of course, catfish.

“We use only fresh catfish. The catfish you eat today was killed yesterday,” says Bates. “And we hand-cut our fries every day.”

The fries are coated with Bates’ own creation: Cajun garlic butter seasoning. Bates also worked with Memphis-based Ingredients Corporation of America to create five dry seasonings and two hot sauces, which will be available in the restaurant’s gift shop, the Hot Shop, in a few weeks. The gift shop also features Tabasco products and Elvis memorabilia.

“Moffatt’s is more like a neighborhood bar and restaurant,” says Bates. “We wanted to create a family-style sit-down restaurant near the interstate where people can get good fresh food and browse for souvenirs.”

Show some chutzpah, y’all, and submit your best Southernized kosher recipe to the Margolin Hebrew Academy/Feinstone Yeshiva of the South, which is compiling a cookbook to raise money.

The school’s parent-teacher association and ladies’ auxiliary are accepting recipes from contributors in Memphis and around the country. Members plan to test the recipes during PTA/LA events. Once the recipes have been selected, the book will be published in December 2005 and marketed nationwide by Memphis-based Wimmer Cookbooks.

Southern dishes are encouraged but not required. The book will include 10 sections: appetizers; soups; salads; fish; poultry; meat; side dishes; pasta; brunch and dairy; and desserts. It will also feature kitchen tips and table-setting and entertaining ideas.

To submit a recipe, send it to MHA/FYS, 390 S. White Station Road, Memphis 38117, or by e-mail to pta@mhafyos.org. Indicate in which section the recipe belongs. n