Alarm in Albuquerque Over Plan to End Methadone for Inmates

Mark Holm for The New York Times

Officials at New Mexico’s largest jail want to end its methadone program. Addicts like Penny Strayer hope otherwise.

ALBUQUERQUE — It has been almost four decades since Betty Jo Lopez started using heroin.

Her face gray and wizened well beyond her 59 years, Ms. Lopez would almost certainly still be addicted, if not for the fact that she is locked away in jail, not to mention the cup of pinkish liquid she downs every morning.

“It’s the only thing that allows me to live a normal life,” Ms. Lopez said of the concoction, which contains methadone, a drug used to treat opiate dependence. “These nurses that give it to me, they’re like my guardian angels.”

For the last six years, the Metropolitan Detention Center, New Mexico’s largest jail, has been administering methadone to inmates with drug addictions, one of a small number of jails and prisons around the country that do so.

At this vast complex, sprawled out among the mesas west of downtown Albuquerque, any inmate who was enrolled at a methadone clinic just before being arrested can get the drug behind bars. Pregnant inmates addicted to heroin are also eligible.

Here in New Mexico, which has long been plagued by one of the nation’s worst heroin scourges, there is no shortage of participants — hundreds each year — who have gone through the program.

In November, however, the jail’s warden, Ramon Rustin, said he wanted to stop treating inmates with methadone. Mr. Rustin said the program, which had been costing Bernalillo County about $10,000 a month, was too expensive.

Moreover, Mr. Rustin, a former warden of the Allegheny County Jail in Pennsylvania and a 32-year veteran of corrections work, said he did not believe that the program truly worked.

Of the hundred or so inmates receiving daily methadone doses, he said, there was little evidence of a reduction in recidivism, one of the program’s main selling points.

“My concern is that the courts and other authorities think that jail has become a treatment program, that it has become the community provider,” he said. “But jail is not the answer. Methadone programs belong in the community, not here.”

Mr. Rustin’s public stance has angered many in Albuquerque, where drug addiction has been passed down through generations in impoverished pockets of the city, as it has elsewhere across New Mexico.

Recovery advocates and community members argue that cutting people off from methadone is too dangerous, akin to taking insulin from a diabetic.

The New Mexico office of the Drug Policy Alliance, which promotes an overhaul to drug policy, has implored Mr. Rustin to reconsider his stance, saying in a letter that he did not have the medical expertise to make such a decision.

Last month, the Bernalillo County Commission ordered Mr. Rustin to extend the program, which also relies on about $200,000 in state financing annually, for two months until its results could be studied further.

“Addiction needs to be treated like any other health issue,” said Maggie Hart Stebbins, a county commissioner who supports the program.

“If we can treat addiction at the jail to the point where they stay clean and don’t reoffend, that saves us the cost of reincarcerating that person,” she said.

Hard data, though, is difficult to come by — hence the county’s coming review.

Darren Webb, the director of Recovery Services of New Mexico, a private contractor that runs the methadone program, said inmates were tracked after their release to ensure that they remained enrolled at outside methadone clinics.

While the outcome was never certain, Mr. Webb said, he maintained that providing methadone to inmates would give them a better chance of staying out of jail once they were released. “When they get out, they won’t be committing the same crimes they would if they were using,” he said. “They are functioning adults.”

In a study published in 2009 in The Journal of Substance Abuse Treatment, researchers found that male inmates in Baltimore who were treated with methadone were far more likely to continue their treatment in the community than inmates who received only counseling.

Those who received methadone behind bars were also more likely to be free of opioids and cocaine than those who received only counseling or started methadone treatment after their release.

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Spring Street tower in downtown L.A. to become creative offices

A Spring Street office building completed in 1915 has been purchased by a developer who plans to improve it as gentrification sweeps gradually through downtown Los Angeles' formerly depressed historic financial district.

The Corporation Building, at 724 S. Spring St., was acquired by Izek Shomof, one of the most active developers of aging properties in the city's historic core. Shomof said he plans to renovate the 13-story tower and rent office space to creative firms.

Terms of the sale by Spring & Main Property were not disclosed, but real estate experts familiar with the neighborhood valued the deal at about $10 million.

Spring Street was known as the Wall Street of the West in the early 20th century but fell from favor in the decades after World War II as financial firms and other white collar companies moved to newer buildings close to the 110 Freeway or left downtown.

The Corporation Building, like others in the area, came to house garment manufacturing in recent years, though it still bears the painted sign of a longtime former occupant that says "Dr. Campbell Credit Dentist."

Renovations will include retooling the ground floor retail space, Shomof said. "We're talking to restaurants and sidewalk cafes."

Some "creative" tenants, including Smart Architecture, are already in the building, which has no heating or air conditioning. "It's very bare-bones, but it gets great light from the large windows," said Douglas Hanson, a partner at the architectural firm.

Many former offices downtown have been turned into apartments or condominiums, but Hanson said he is pleased that the Corporation Building is to be revived as offices.

"We need to stay away from converting everything to housing," he said. "We need a mix of people living and working in the neighborhood."

Prospective buyers for the Corporation Building included hoteliers, real estate broker Ed Rosenthal of New Downtown Brokerage said.

"There is a lot of activity and changes in ownership in the historical area by Spring and Main streets," Rosenthal said. "The restaurant and boutique hotel scene is alive."

Ace Hotel, a Portland, Ore., chain of boutique inns catering to the young and hip, is building a 180-room outpost in the historic United Artists building nearby at Broadway and 9th Street. It is set to open in the fall.

The Shomof family has been redeveloping properties downtown since 1999, Shomof said. Projects include the revival of Spring Street in the blocks near the former Pacific Stock Exchange. In March, a partnership including the Shomofs bought three run-down early 20th century hotels around 5th and Los Angeles streets that it plans to improve.

Long Beach apartment complex bought

Irvine developer Western National Realty Advisors bought a 206-unit apartment complex in Long Beach for $46 million.

Western National bought the property, at 1613 Ximeno Ave., from Archstone, a Colorado apartment developer and operator. The new owner named the complex built in the 1980s the Landing at Long Beach.

Western National plans to update the 145,000-square-foot garden-style complex, said Jerry LaPointe, vice president of Western National Realty Advisors, an affiliate of apartment investor Western National Group.

The acquisition is the sixth in Western National Realty Advisors' private-equity real estate Fund II, La Pointe said. "We are actively pursuing additional acquisitions."

roger.vincent@latimes.com

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Alleged maternity hotel now appears to be vacant

An alleged maternity hotel operating out of a hilltop mansion in Chino Hills has apparently shut down after city officials obtained a temporary restraining order against its owners.

The mansion allegedly housed women from China who traveled to California to give birth to American citizen babies.

In a Dec. 7 court filing, Chino Hills officials describe a seven-bedroom house divided into 17 bedrooms and 17 bathrooms, with mothers and their babies staying in 10 of the rooms. The owners did not obtain permits to remodel the property, nor were they allowed to operate a business in a residential zone, the complaint stated.

Neighbors on Woodglen Drive complained of cars speeding in and out of the mansion's driveway. In September, about 2,000 gallons of raw sewage spilled down the hill because of an overloaded septic system.

Last month, a group called Not in Chino Hills staged a protest against the facility.

City officials who inspected the alleged hotel said conditions inside were dangerous, with exposed wiring, missing smoke alarms and holes in the bedroom floors. They found brochures titled "USA Los Angeles Hermas International Club Guidance on How to Have an American Baby," according to the Dec. 7 complaint. One woman said she paid $150 a day for her room. A receipt from another guest totaled $27,000 for a stay of several months, the complaint said.

So-called birth tourism is widespread in the San Gabriel Valley, with Chinese-language websites advertising rooms in single-family homes or luxury apartment complexes. The women typically enter the country on tourist visas and stay for about a month after giving birth. The child has the option of returning to the U.S. for schooling, and the parents may petition for a green card when the child turns 21.

The practice does not violate federal immigration laws, but some maternity hotels have run afoul of local ordinances.

On Dec. 27, San Bernardino County Superior Court Judge Ben Kayashima granted Chino Hills' request for a temporary restraining order. A hearing is scheduled for Jan. 17 to determine whether the order should be extended.

The Woodglen Drive house now appears to be unoccupied, city spokeswoman Denise Cattern said Thursday.

Hai Yong Wu, one of the owners, could not be reached for comment.

"It's about time. This thing should have shut down a long time ago," said Rossana Mitchell, a founder of Not in Chino Hills. "I'm glad to hear it."

cindy.chang@latimes.com

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Monti, in Twitter Q&A, says new voting law priority for Italy

ROME (Reuters) – Outgoing Italian Prime Minister Mario Monti said on Saturday if he wins February’s parliamentary election one of his first acts would be to overhaul the voting law to improve democracy and government stability.

Monti, 69, who last week confirmed he would lead a centrist coalition in the February 24-25 vote, called himself a “bit of a pioneer” in politics during nearly 2 hours of #MontiLive tweets.

The electoral law is unpopular because party leaders select candidates and voters cannot choose their representatives. For technical reasons, it also makes forming a stable majority more difficult, leading to broad and unwieldy coalitions.

“This electoral law is not worthy of a country like Italy,” said Monti of the 2005 legislation passed when centre-right rival Silvio Berlusconi was in power.

Monti and Berlusconi trail the centre-left in opinion polls and have made multiple appearances, mainly on TV, over the past week as they seek to recoup support and motivate voters who have said they do not intend to vote.

A poll by the Tecne research institute released on SkyTG24 on Friday showed Monti’s grouping would likely attract slightly more than 12 percent of the vote.

That compared with 40 percent for the centre-left bloc led by Pier Luigi Bersani’s Democratic Party (PD); and 25 percent for the most likely centre-right coalition of Berlusconi’s People of Freedom (PDL) and the Northern League.

In a separate tweet, Monti indicated he would “dialogue” with anyone after the vote whether he wins or not, as long as they are “reformists”.

BERLUSCONI BROADSIDE

Speaking at the same time in a live interview on the website of Corriere della Sera newspaper, Berlusconi said he would never again ally himself with Monti even though he offered him the leadership of the centre-right just a few weeks ago.

“All Italian citizens, in one way or another, are suffering” as a result of Monti’s 13 months in power, said Berlusconi, who says austerity has led the country into a recessionary spiral.

Monti took over in November 2011 when Italy was scrambling to avert a financial crisis and after Berlusconi, besieged by a sex scandal involving an underage prostitute, stepped down.

Berlusconi repeated on Saturday that his resignation was the result of an international plot to oust him and denied having made mistakes during his more than nine years in power.

“My only error is that I have not been able to explain what I have done for the country,” Berlusconi said.

“By now (Monti’s) image has become that of a person with whom I could not possibly collaborate,” Berlusconi said, calling the prime minister’s new alliance with two of Berlusconi’s former allies a “triple disaster”.

Berlusconi said a renewed accord with the Northern League may be finalized on Sunday. The Northern League has said the 76-year-old billionaire must not be the bloc’s prime ministerial candidate for a sixth time.

“Monti is an enemy of the north, and stopping him from returning to government is a categorical priority for us. Who is against Monti is an ally of the League,” Northern League leader Roberto Maroni tweeted on Saturday.

(Editing by Janet Lawrence)

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Poet-performer Jayne Cortez dies in NY at age 78

NEW YORK (AP) — Jayne Cortez, a forceful poet, activist and performance artist who blended oral and written traditions into numerous books and musical recordings, has died. She was 78.

The Organization of Women Writers of Africa says Cortez died of heart failure in New York on Dec. 28. She had helped found the group and, while dividing her time between homes in New York and Senegal, was planning a symposium of women writers to be held in Ghana in May.

Cortez was a prominent figure in the black arts movement of the 1960s and '70s that advocated art as a vehicle for political protest. She cited her experiences trying to register black voters in Mississippi in the early '60s as a key influence.

A native of Fort Huachuca, Ariz., she was raised in the Watts section of Los Angeles. She loved jazz since childhood and would listen to her parents' record collection. Musicians including trumpeter Don Cherry would visit her home and through them she met her first husband, Ornette Coleman, one of the world's greatest jazz artists. They were married from 1954 to 1964.

Her books included "Scarifications" and "Mouth On Paper," and she recorded often with her band the Firespitters, chanting indictments of racism, sexism and capitalism. Its members included her son, drummer Denardo Coleman, and several other members of Ornette Coleman's electronic Prime Time band, guitarist Bern Nix and bassist Al McDowell.

Cortez, who described herself as a "jazz poet," performed all over the world and her work was translated into 28 languages. At the time of her death, she was living with her second husband, the sculptor Melvin Edwards.

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Skin Deep: Questions Surround Iris Implant Procedure – Skin Deep

ANITA ADAMS was born with one green eye and one brown eye. While differently colored irises, a condition otherwise known as heterochromia, may look exotic on David Bowie and Kate Bosworth, Ms. Adams did not like them on herself.

“I wanted my irises to match,” said Ms. Adams, 41, who works as a caretaker for at-risk adolescents in Grand Junction, Colo.

In mid-2008, she began looking online to see if there was any solution other than colored contact lenses (which comprised about 20 percent of the $7.8 billion global contact lens market in 2011, according to a January 2012 report published by BCC Market Research). She found a company, New Color Iris, marketing a device invented by a Panamanian ophthalmologist, Dr. Alberto Delray Kahn, that could apparently implant an artificial or prosthetic iris over her natural one.

The device was not approved by the Food and Drug Administration, nor were there any clinical studies or peer-reviewed publications about it. But Ms. Adams found Facebook posts and YouTube testimonials from patients whose eyes had gone from drab brown to an icy blue and were thrilled with the results. On his Web site, Kahnmedical.com, Dr. Kahn wrote that he supported “programs for the prevention of blindness in the Kuma and Embera Indians of Panama,” who have high rates of ocular albinism, which makes them sensitive to light. 

Ms. Adams was impressed. At the company’s request, she went for routine tests to her ophthalmologist, who told her he had never heard of the procedure and advised against it. She didn’t listen. “I went, ‘Oh, whatever,’ ” she said. “I don’t think anything was going to convince me not to do it. At that point my mind was made up.”

Ms. Adams is not alone in her quest for symmetry, whatever the risk.

Dr. Gregory J. Pamel, a corneal and refractive surgeon in Manhattan and a clinical assistant professor of ophthalmology at New York University, said that for the last two years he has received about three inquiries a month from patients who have learned from his Web site that he implants artificial irises for medical reasons. “They’d want to enroll in the clinical trial, and I would say, ‘There’s nothing available in the U.S.,’ ” he said. “There are no approved devices in the U.S. to change the eye color cosmetically. There are no clinical trials to date that are looking into this. There’s nothing on the horizon.”

There are, however, iris implants for patients with serious conditions like aniridia, a rare hereditary absence or partial absence of the iris, that are available under a special “compassionate use” F.D.A. provision. The provision allows patients with serious or life-threatening medical conditions to be treated with devices that have not been approved by the F.D.A., but “we can only use it for people with trauma,” Dr. Pamel said. “I would be very hesitant and skeptical about any technology that purports to change the iris color for cosmetic reasons.” 

Dr. Kenneth Steinsapir, an oculofacial surgeon and ophthalmologist in Los Angeles, also received calls from patients wanting their eye color changed, so he began investigating New Color Iris. He found no positive reports, but he did find a number of studies reporting serious complications. In July 2010, he blogged about it on his Web site, lidlift.com. “The colored disk that is put in the eye has been shown to cause harm,” he wrote.  “If you are not albino and missing iris pigment or have part of the iris missing either from a birth defect or from trauma, then there is no compelling medical reason for this surgery.” 

But Ms. Adams was determined to fix her perceived imperfection. In September 2008, she wired nearly $2,000 to New Color Iris, and a month later flew with her mother (paying their airfare) to Panama. She was told the surgery would present no complications other than a slight risk of glaucoma. She signed a consent form, paid an additional $5,000 and underwent the 15-minute procedure.

For two days, Ms. Adams’s vision was blurry, which she was told was normal. By the third day, she could see well enough to tour around the city. “I was happy with the experience at the time,” she said.

She appeared on “Inside Edition” to talk about how delighted she was, for which she said New Color Iris paid her $500, promising an additional $500 for every future media appearance she did. She also allowed the company to use her likeness on its Web site and on YouTube.

Ms. Adams was pleased with her matching irises for about two years. But in fall 2010, she said, her vision grew “spotty,” and she was “scared to death I was going blind.” She repeatedly tried to contact Dr. Kahn as well as the company in New York, but said she received no response. She started a Facebook page (now dismantled) highlighting her negative experience, noticing that other people had shared similar stories.

And when she returned to the New Color Iris Web site, she was redirected to another site, Brightocular.com, which was marketing another implant to cosmetically change eye color and offering more glowing testimonials.

Ms. Adams said she contacted it using a fake name and was told that the procedure was being offered in Istanbul and soon “in all of Europe” and that the company was not affiliated with New Color Iris. Convinced this was untrue, she contacted Dr. Steinsapir in February 2011, and he began blogging about a possible relationship between the two companies. On Aug. 16, 2011, Dr. Steinsapir received a certified letter from Kevin J. Abruzzese, a lawyer in Mineola, N.Y., representing Stellar Devices, which owns the trademark for Brightocular, that denied that any association existed between the two companies. The letter also asserted that Stellar Devices was working with Minnesota Eye Consultants, in Minneapolis, to obtain “F.D.A. compassionate approval for a patient with aniridia,” and ordered  the doctor to remove “any and all defamatory content” about Brightocular.

Still skeptical, Dr. Steinsapir found a registered trademark for Brightocular, originally filed March 18, 2010 and granted registration on April 19, 2011.

But the company to which the trademark was registered was not Stellar Devices, but New Color Iris. What’s more, New Color Iris and Stellar Devices shared the same Midtown Manhattan address. Dr. Steinsapir later published his findings. He said he also arranged surgery for people who had iris color surgery and needed urgent help.

Alain Delaquérière contributed research.

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Reviving brands that aren't quite forgotten

Twenty-five years ago, a new kind of sparkling water called Clearly Canadian hit store shelves.

In flavors such as Orchard Peach and Western Loganberry, the drink soon was raking in $150 million a year in sales. But when faced by growing competition, Clearly Canadian began to fade. By the early 2000s it had all but disappeared.

Enter Mark Thomann.

Early last year, the Chicago investor bought the Clearly Canadian name, hired a marketing team, contracted a bottler and hammered out a distribution deal to get the drinks back into U.S. supermarkets starting in March.

Thomann is making a bet that enough people remember Clearly Canadian to try it again. He's one of a growing group of entrepreneurs who specialize in digging through the graveyard of consumerism in search of zombie brands that can be revived.

"We believe we can make Clearly Canadian valuable again," said Thomann, chief executive of River West Brands, whose stable of resuscitated brands includes Coleco games and Underalls pantyhose.

Rebooting old names makes sense in a market crammed with products vying for consumers' attention; building a new brand can cost millions in advertising and there's no guarantee of success. But for as little as a $275 fee to the U.S. Patent & Trademark Office, one can buy a brand that, albeit dusty, is already familiar to millions of potential customers.

"It's very difficult to get a new brand established in today's marketplace," said Tim Calkins, a professor of marketing at Northwestern University's Kellogg School of Management. "So if you start with some brand awareness, it can be an advantage."

These trademark trolls scour brand registration databases, clip old magazine ads and interview consumers about beloved brands of their youth. Such efforts have brought back Polaroid, Eagle Snacks and the Sharper Image in recent years.

Attorney Kenny Wiesen revived Bonomo's Turkish Taffy because he missed his favorite childhood candy. He discovered that the trademark was held by Tootsie Roll, which quit making the thin, chewy bars in the 1980s. It took several years, a lawsuit and about $100,000, but eventually Wiesen snagged the Bonomo's Turkish Taffy brand.

That was the easy part. Wiesen and a partner then spent several years tracking down the recipe, relying in part on the memories of an 89-year-old candy chemist. Then they had to find a factory to produce it.

The candy finally hit the market in 2010. Today Wiesen produces about 8 million bars a year distributed to 10,000 stores nationwide.

"It's profitable," said Wiesen, of Carle Place, N.Y., who has acquired other brands he wants to bring back, including Regal Crown Sours hard candies. "But it's not explosively profitable."

Experts say old candy and soft drinks hold particular appeal for defunct brand specialists; consumers are nostalgic for foods they ate as kids. But that can also be a pitfall.

"You have to make the product relevant today," said Ellia Kassoff, chief executive of candy maker Leaf Brands in Newport Beach. "I don't want to sell to the dead."

Kassoff, an executive recruiter, has made a full-time business of buying and updating defunct brands, including Leaf, which he purchased in 2011 with the idea of reviving a full lineup of classic candies.

Last summer, the company reintroduced Astro Pop, a cone-shaped lollipop invented in the 1960s by a pair of California rocket scientists that went out of production in 2004. To appeal to today's kids, Leaf now makes the suckers in two sizes, as well as Astro Pop soda in a variety of flavors. It's also selling David's Signature Beyond Gourmet Jelly Beans, another brand Kassoff rescued.

Although Kassoff has purchased some old brands, others he has acquired for almost nothing thanks to a process known as abandonment. Under federal law, a trademark is considered abandoned if it hasn't been used for three years. After that, anyone can argue that they should be able to use it exclusively and receive legal trademark protection benefits that once belonged to the previous owner.

Kassoff used that strategy two years ago when he applied for trademarks to a suite of extinct department stores, including Abraham & Strauss, Filene's, the Bon Marche, Joseph Magnin and Robinson's. His plan was to license the brands to existing retailers, perhaps for in-house accessory lines.

But when Kassoff won government approval to take over the brands, Macy's Inc., the previous owner, filed a federal lawsuit in late 2011 to stop him. The department store said that it had never abandoned those chains, which it had purchased over the years, even though it had rebranded them all as Macy's. Kassoff counter-sued, saying Macy's was infringing his trademarks.

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State parks officials deliberately hid millions, report says

SACRAMENTO — Fear of embarrassment and budget cuts led high officials at the California parks department to conceal millions of dollars, according a new investigation by the state attorney general's office.

The money remained hidden for years until it was exposed by a new staff member who described a culture of secrecy and fear at the department.

The attorney general's report, released Friday, is the most detailed official account so far of the financial scandal at the parks department. The controversy broke last summer with the revelation that parks officials had a hidden surplus of nearly $54 million at a time when the administration was threatening to close dozens of the facilities.

Although much of the accounting issues appeared to stem from innocent mistakes and discrepancies, the report said, about $20 million had been deliberately stashed away.

The report said the problem seemed to begin with calculation errors more than a decade ago. But when those mistakes were discovered in 2002, officials made a "conscious and deliberate" decision not to reveal the existence of the extra money, the report said.

Parks officials concealed the funds partly because they were embarrassed, the report said. But they were also worried that their funding would be cut further if state number-crunchers knew they had a larger reserve, according to interviews conducted by a deputy attorney general.

Parks officials underreported the amount of money they had to the Department of Finance, preventing lawmakers from including the extra funds in state spending plans.

The money "was intended to be a safety net," said Manuel Lopez, a former deputy director at the department, who was interviewed in the probe. Lopez resigned in May while being investigated for a separate scheme allowing employees to be improperly paid for unused vacation days.

Multiple high-ranking officials were involved in concealing the parks money, including Lopez and Michael Harris, the chief deputy director who was fired after the scandal broke. Evidence suggests that the initial decision to keep the money secret was made by Tom Domich, an assistant deputy director who left the department in 2004, the report said.

Domich "unpersuasively denies … his role in the deception," according to the report. The Times was unable to reach Domich on Friday.

Staff members who pointed out financial problems were ignored by their bosses.

"Throughout this period of intentional non-disclosure, some parks employees consistently requested, without success, that their superiors address the issue," the report said.

It is unclear whether ousted director Ruth Coleman knew about the accounting problems, the report said. She declined to be interviewed for the investigation; participation was voluntary for former parks personnel.

Officials have not yet determined whether criminal charges will be filed. There's no evidence that any money was stolen or used improperly, the report said.

The accounting problems were eventually exposed by Aaron Robertson, who started an administrative job at the parks department in January 2012. He told a deputy attorney general that people felt uncomfortable raising concerns at the department.

"There was a great deal of distrust," he said. "People felt somewhat fearful of coming forward with information."

John Laird, the California natural resources secretary who oversees the parks department, said new policies and staff are in place to prevent similar problems in the future.

"It is now clear that this is a problem that could have been fixed by a simple correction years ago, instead of being unaddressed for so long that it turned into a significant blow to public trust in government," Laird said in a statement.

A new parks director, retired Marine Maj. Gen. Anthony Jackson, was appointed by Gov. Jerry Brown to replace Coleman in November. Robertson was promoted to become his deputy.

The attorney general's investigation is the third report on the parks department in the last month. One more report, from the state auditor, is due this month.

chris.megerian@latimes.com

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'McDreamy' says he beat Starbucks for coffee chain

SEATTLE (AP) — "Grey's Anatomy" star Patrick Dempsey may be the real "McSteamy."

The actor, who was dubbed "McDreamy" as a star of the hospital drama while his co-star was called "McSteamy," may soon be serving hot, steaming cups of Joe.

Dempsey won a bankruptcy auction to buy Tully's Coffee, a small coffee chain based in Seattle. Among those he beat out is Tully's much bigger Seattle neighbor, Starbucks Corp., which is known for its ubiquitous white cups with a circular green mermaid logo.

Dempsey, whose company Global Baristas LLC plans to keep the Tully's name, declared victory on the social media site Twitter: "We met the green monster, looked her in the eye, and...SHE BLINKED! We got it! Thank you Seattle!

The win for Dempsey deals a rare setback for Starbucks on its home turf. Starbucks has long been both praised for bringing "coffeehouse culture" to the U.S. and criticized for crushing smaller chains. The coffee giant, which had planned to convert the Tully's cafes to its own brand, last month announced plans to expand its global footprint to 20,000 cafes over the next two years, up from the current 18,000.

Dempsey said in an interview on Friday that as the underdog in Seattle, Tully's will need to find its identity.

"It's a much smaller chain that has a lot of potential that hasn't been given the proper care," he said.

But in a statement shortly after the auction on Thursday, Starbucks insinuated that Dempsey shouldn't celebrate just yet.

Starbucks, which wanted to convert the Tully's cafes to its own brand, said that a final determination on the winning bid won't be made until a court hearing on Jan. 11. Starbucks said it's in a "backup" position" to buy 25 of the 47 Tully's cafes, with another undisclosed bidder making an offer for the remainder.

The combined bids of Starbucks and the undisclosed bidder come to $10.6 million, above the $9.2 million Dempsey's company is offering to pay through his company, which was formed in order to purchase Tully's. The other investors in Global Baristas aren't being disclosed.

Tully's Coffee, which is known for serving Joe with a milder taste than Starbucks brand, filed for Chapter 11 bankruptcy protection in October, citing lease obligations and underperforming stores. Tully's wholesale business, which includes Tully's Coffee in bags and single serve K-cup packs that are sold in supermarkets and other stores, is owned separately by Green Mountain Coffee Roasters Inc.

TC Global Inc., the parent company of Tully's, said in a release Friday that it was "encouraged and excited" about Dempsey's commitment to the chain.

Tully's President and CEO Scott Pearson called the deal a "great match" and that the goal is to make sure creditors get paid and to keep as many people employed as possible.

A bankruptcy court document signed late Friday by Pearson and Dempsey said TC Global had determined that Global Baristas submitted the successful bid.

"With this court filing, it's official - our group has been chosen as the successful bidder," Dempsey said in a statement. "We look forward to the court's final approval on Jan. 11."

Earlier in the day, Dempsey said he planned to be very involved in the running of the company, adding that the immediate challenges were to address bookkeeping issues, staff morale and sprucing up the coffee shops. Once the business is stabilized, Dempsey said the long-term goal would be to take the chain national.

"We can pull this off. We just have to take steps that are slow and smart," he said. "I'm going to get behind the counter. I'm going to serve coffee...I'm going to give the company a boost of energy."

Although Dempsey lives in Los Angeles, he plans to spend more time in Seattle, the city where "Grey's Anatomy" is set in. Dempsey said he believed there is room in the city for Tully's and the much larger Starbucks; he noted there might be people who are rooting for the underdog.

"In a society where there are so many big corporations that swallow the little guy, we thought, let's not let this happen to this company," he said.

Dempsey made an appearance Friday morning at a Tully's near Pike Place Market, shaking hands with workers and greeting customers before visiting other stores. Several dozen people, mostly women, came into the store.

Patrease Estelle, 45, works nearby, and came in with a small group from her office.

"I will take whatever I can get. A photo, a hug, a 'hey, how you doing,' a wink," said Estelle, who got a picture and handshake with the actor.

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Blankinship reported from Seattle and Choi from New York.

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F.D.A. Offers Rules to Stop Food Contamination

The Food and Drug Administration on Friday proposed two sweeping rules aimed at preventing the contamination of produce and processed foods, which has sickened tens of thousands of Americans annually in recent years.

Nicole Bengiveno/The New York Times

Checking the temperature of lettuce at an Arizona farm. Safety measures would start at farms.

The proposed rules represent a sea change in the way the agency polices food, a process that currently involves taking action after contamination has been identified. It is a long-awaited step toward codifying the food safety law that Congress passed two years ago.

Changes include requirements for better record keeping, contingency plans for handling outbreaks and measures that would prevent the spread of contaminants in the first place. While food producers would have latitude in determining how to execute the rules, farmers would have to ensure that water used in irrigation met certain standards and food processors would need to find ways to keep fresh food that may contain bacteria from coming into contact with food that has been cooked.

New safety measures might include requiring that farm workers wash their hands, installing portable toilets in fields and ensuring that foods are cooked at temperatures high enough to kill bacteria.

Whether consumers will ultimately bear some of the expense of the new rules was unclear, but the agency estimated that the proposals would cost food producers tens of thousands of dollars a year.

A big question to be resolved is whether Congress will approve the money necessary to support the oversight. President Obama requested $220 million in his 2013 budget, but Dr. Margaret Hamburg, commissioner of the F.D.A., said “resources remain an ongoing concern.”

Nonetheless, agency officials were optimistic that the new rules would protect consumers better.

“These new rules really set the basic framework for a modern, science-based approach to food safety and shift us from a strategy of reacting to problems to a strategy for preventing problems,” Michael R. Taylor, deputy commissioner for foods and veterinary medicine, said in an interview. The Food and Drug Administration is responsible for the safety of about 80 percent of the food that Americans consume. The rest falls to the Agriculture Department, which is responsible for meat, poultry and some eggs.

One in six Americans becomes ill from eating contaminated food each year, the government estimates; most of them recover without concern, but roughly 130,000 are hospitalized and 3,000 die. The agency estimated the new rules could prevent about 1.75 million illnesses each year.

Congress passed the Food Safety Modernization Act in 2010 after a wave of incidents involving tainted eggs, peanut butter and spinach sickened thousands of people and led major food makers to join consumer advocates in demanding stronger government oversight.

But it took the Obama administration two years to move the rules through the regulatory agency, prompting complaints that the White House was more concerned about protecting itself from Republican criticism than about public safety.

Mr. Taylor said that the delay was a function of the wide variety of foods and the complexity of the food system. “Anything that is important and complicated will always take longer than you would like,” he said.

The first rule would require manufacturers of processed foods sold in the United States to come up with ways to reduce the risk of contamination. Food companies would be required to have a plan for correcting problems and for keeping records that government inspectors could audit.

An example might be to require the roasting of raw peanuts at a temperature guaranteed to kill salmonella, which has been a problem in nut butters in recent years. Roasted nuts would then have to be kept separate from raw nuts to further reduce the risk of contamination, said Sandra B. Eskin, director of the safe food campaign at the Pew Charitable Trusts.

“This is very good news for consumers,” Ms. Eskin said. “We applaud the administration’s action, which demonstrates its strong commitment to making our food safer.”

The second rule would apply to the harvesting and production of fruits and vegetables in an effort to combat bacterial contamination like E. coli, which is transmitted through feces. It would address what advocates refer to as the “four Ws” — water, waste, workers and wildlife.

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