If you have a cell phone, or any phone, you may have noticed that lately you’ve been getting an enormous number of phone calls from a company warning you that “this is the last call you’ll” get regarding your auto warranty which is about to expire.

If only. If only that were the “last call” on the topic of my auto warranty it would be a great day in Sunnydale! But NOOOOO! You may receive that “last call” warning two to three times a day, every day as I did. Well, finally someone has decided to act aggressively to prevent this type of illegal telemarketing.

This information was retrieved from www.verizon.com, I’ll highlight the key parts since it is rather long:

03/26/2008

BASKING RIDGE, NJ — Verizon Wireless said today it has filed a lawsuit to stop unknown telemarketers from calling its customers and employees with an offer of an extended car warranty. The lawsuit, filed in New Jersey Superior Court, alleges the telemarketers illegally used an autodialer to reach Verizon Wireless customers and used “spoofing” techniques to mask the origin of the calls.

The lawsuit alleges that Caller ID showed calls were made from a variety of numbers with 281, 614, 801, and 562 area codes. But, when Verizon Wireless customers and employees attempted to call the numbers found on Caller ID, they generally heard a fast busy signal, indicating a non-working number.

“Telemarketers are using increasingly sophisticated methods, such as illegal autodialing, to harass our customers,” said Steven E. Zipperstein, vice president and general counsel of Verizon Wireless. “Whatever the method, these unlawful telemarketing calls are an annoyance to our customers and invade their privacy, and we will continue to use every weapon in our legal arsenal to stop this activity and protect our customers.”

In the lawsuit, Verizon Wireless says that, beginning in January 2008, more than 2 million of its customers and employees received calls on their wireless telephones with a pre-recorded voice message indicating that the recipient’s car warranty was about to expire, and encouraging them to press “1” for more information. When a recipient presses “1”, he or she is connected to a person who asks for the make and model of the car. However, if the recipient asks for information about the company offering the policy, the representative simply hangs up and ends the call.

The lawsuit alleges violations of the Federal Telephone Consumer Protection Act, which makes it illegal to use an autodialer to make calls to wireless phones, as well as state fraud and privacy laws. By filing the lawsuit, Verizon Wireless will be able to use the discovery process to help identify the currently unknown telemarketers, and to get them to halt their practices.

Verizon Wireless’ record of protecting customer privacy puts the company at the forefront of the U.S. wireless industry. Over the past several years, Verizon Wireless has won permanent injunctions against individuals and companies that have engaged in illegal telemarketing and text message spamming to Verizon Wireless customers, and against those who have attempted to obtain information about Verizon Wireless customers to sell to third parties.

Finally, someone else has raised a fuss about these annoying calls! Hopefully with the power of Verizon behind it, this suit will put an end to the problem… until they figure out a legal loophole and start back up again.

Trees = Bad

Alleged environmentalists are being told to cut down the trees they planted because they’re blocking a neighbor’s solar panels:

“We’re just living here in peace. We want to be left alone,” said Bissett, who with her husband has spent $25,000 defending themselves against criminal charges. “We support solar power, but we thought common sense would prevail.”

Their neighbor Mark Vargas considers himself an environmentalist, too. His 10-kilowatt solar system, which he installed in 2001, is so big he pays only about $60 a year in electrical bills. He drives an electric car.

Vargas said he first asked Treanor and Bissett to chop down the eight redwoods, which the couple had planted from 1997 to 1999 along the fence separating their yards. Later, he asked them to trim the trees to about 15 feet.

“I offered to pay for the removal of the trees. I said let’s try to work something out,” Vargas said. “They said no to everything.”

He installed the panels.

The trees lost the court battle because of a 1978 law signed by then Governor Jerry Brown that gives solar “precedence” in California. The filthy, criminal, tree planters have until the end of March to cut down the offending trees or face a fine up to $1,000 a day. They may appeal.

Is it true that a certain Recorder of Deeds is considering a run for Insurance Commissioner? From the looks of this:

I’d say yes….

At the start of the school year, a caller to WGMD’s Dan Gaffney Show related that a school bus driver was told his bus would fail inspection if he did not remove a US Flag decal that was on his bus.  That was an issue that outraged many WGMD listeners – that the primary symbol of patriotism would not be allowed on a public school bus.  It seems that after 9-11 the decals were allowed as there was a more patriotic feeling across the country in reaction to terrorism striking in our own country.   

The Delaware Code does not specifically say that the decals are not allowed, but that they – or similar forms of decoration – are not mentioned at all.  So apparently not being included in what is allowed makes them a no no.     

Now 6 years after the fact, patriotism seems to have gone out of favor with the Dept. of Education and now the once allowed flag decals are now no longer ok.  That’s a slap in the face to all the troops – many from Delaware – who are currently in Iraq, Afghanistan and other locations around the world fighting to keep us free from terror.  

It seems the public outrage has penetrated the walls of the Department of Education, which now seems to be reconsidering its stance and will accept public comment - in writing - for an amendment to the Delaware Code’s Administrative standards for school bus chassis and bodies – to allow a flag decal or plate on a school bus.  Comment will be taken until the close of business on Tuesday, February 5.  Several different bus chassis and bodies are targeted.     

Here are the three public notices that were published in the News Journal this morning:

1 - Public Notice Department of Education
1101 Standards for School Bus Chassis and Bodies Placed in Production after March 1, 1998

The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1101 Standards for School Bus Chassis and Bodies For Buses placed in Production After March 1, 1998 (Terminology and School Bus Types are Those Described in the National Standards for School Transportation 1995). The amendment allows for the placement of a U.S. Flag decal or plate on a school bus.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on February 5, 2008 to Susan K. Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, DE 19901. A copy of this regulation is available item the above address or may be viewed at the Department of Education business office. 1/7-NJ
Published 01/07/2008

2 - Public Notice Department of Education
1102 Standards for School Bus Chassis and Bodies For Buses placed in production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004

The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1102 Standards for School Bus Chassis and Bodies For Buses placed in production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 (Terminology and School Bus Types are those described in the National School Transportation Specifications and Procedures (NSTSP), May 2000). The amendment allows for the placement of a U.S. Flag decal or plate on a school bus.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on February 5, 2008 to Susan K. Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, DE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. 1/7-NJ
Published 01/07/2008

3 - Public Notice Department of Education
1103 Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007

The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1103 Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007 (Terminology and School Bus Types are Those Described in the National School Transportation Specifications and Procedures (NSTSP) May 2005). The amendment allows for the placement of a U.S. Flag decal or plate on a school bus.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on February 5, 2008 to Susan K. Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, DE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. 1/7-NJ
Published 01/07/2008

And this is the section of the Delaware Administrative Code that deals with identification on school buses

Delaware Administrative Code
Title 14 Education
1100 Transportation

2.21 Identification - 1101 Standards for School Bus Chassis and Bodies Placed in Production after March 1, 1998
2.21.1 Body shall bear words “SCHOOL BUS” in black letters at least 8 inches high on both front and rear of body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Letters shall conform to “Series B” of Standard Alphabets for highway signs. “SCHOOL BUS” lettering shall have a reflective background, or as an option, may be illuminated by backlighting. All lettering on NSBY surfaces shall be black, and lettering on black surfaces shall be NSBY or white.
2.21.2 Bus identification number shall be displayed on the sides, on the rear, and on the front.
2.21.3 Other lettering, numbering, or symbols which may be displayed on the exterior of the bus, shall be limited to:
2.21.3.1 District or company name or owner of the bus may be displayed.
2.21.3.2 Bus identification number on the top of the bus, in addition to required numbering on sides, rear, and front.
2.21.3.3 The location of the battery(ies) identified by the word “BATTERY” or “BATTERIES” on the battery compartment door in 2″ lettering.
2.21.3.4 Lettering to identify the fuel type at the fuel filler location (2” letters maximum).
2.21.3.5 Symbols or letters near the service door displaying information for identification by the students of the bus or route served. Such symbols or lettering, if used, shall not exceed 36 square inches in size.
2.21.3.6 Symbols identifying the bus as equipped for or transporting students with special needs (see Specially Equipped School Bus section).

The same basic regulations from the above standards apply to the other buses included in the public notices.

2.22 Identification  - 1102 Standards for School Bus Chassis and Bodies For Buses placed in production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004  

2.22 Identification -  1103 Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007

Delaware Attorney General Beau Biden seen during an August 2007 press conference in West Rehoboth.

We covered the press conference in West Rehoboth when Delaware Attorney General Beau Biden announced he would “aggressively pursue” the “newly enhanced Drug Nuisance and Social Vices Abatement Act,” and now we’re seeing the results.

A property in West Rehoboth is the “first residential property in Delaware to be judicially declared a nuisance under the Nuisance Abatement Act.” According to a press release from the Attorney General’s office:

In his ruling Judge T. Henley Graves ordered that several conditions must be met within 15 days, including:

- Any tenant on the property besides the property owners must be evicted

- Two apartments on the property must be vacated and shuttered

- Only the property owners and a limited number of specific family members are permitted on the property at any time

- Signs must be posted stating that loitering, trespassing, and illegal drug sales are prohibited

Biden’s DOJ also filed another lawsuit against a neighboring house. The Act allows the State to take action against properties declared a “nuisance.” Actions can include “closing” or even bulldozing a property.

Earlier today, WGMD News reported the story of three men arrested by the Delaware Division of Fish and Wildlife for spotlighting deer:

Three men have been charged with spotlighting and killing deer in Fenwick Island. Fish and Wildlife Enforcement Agents arrested 28 year old Manuel Galvan, 32 year old Ariosto Lopez and 36 year old Javier Mendez on Wednesday after receiving a complaint about spotlighting. Each of the men face a variety of charges and officials also seized a truck and .22 caliber rifle as evidence. All three are being held at SCI in default of $3500 dollars secured bond.

Since then, and after making more phone calls than a teenager on a Friday night, WGMD has learned that the trio of deer poachers were in the United States illegally. Here’s what we know so far:

- The Department of Immigration and Customs Enforcement had to make the determination as to whether or not the men were legally in the USA.

- The men are “Mexican nationals.” This was determined by ICE (much cooler name than “INS,” by the way), as the men sat at the Sussex Correctional Institution.

- Only one of the men had a driver’s license. The license was from Florida. Florida is one of the few states that will issue a driver’s license to an illegal immigrant. Big thanks to the Sunshine State for aiding a series of criminal acts with their slacker policy.

- The three were caught in Fenwick Island “spotlighting” deer, which is illegal. No one had a hunting license. They killed an antlerless deer that did not have a tag. Some of the other charges against them are shooting near a road, hunting out of season, and conspiracy. They were hunting with a .22 caliber rifle, which is also illegal.

- They were apparently not shooting from their truck, but they did throw the deer in the truck, and the truck has been seized.

- The .22 caliber rifle was the only weapon they were caught with. But that still begs the question as to how people in the USA and Delaware illegally got their hands on a rifle like that.

- The Delaware Fish and Wildlife officers were unable to communicate with the armed criminals because of a language barrier. They had to get an officer from Laurel to translate. What an incredibly dangerous situation for our men and women at Fish and Wildlife, fully armed people who can’t understand each other face to face in the middle of a crime scene.

- According to Michael Gilhooly from Immigration and Customs Enforcement, the men may be entitled to a hearing, but when the State is finished with them, ICE will take them into custody and deport them, which is eerily similar to the way law abiding citizens of the United States want situations like this to be handled.

Dramatic reenactment of the deer’s final moments.

So “thank you” to Delaware Fish and Wildlife and ICE for administering some much needed justice. At a time when Delawareans are getting ready for a wave of regulations and financial costs associated with the State’s new Salt Water Fishing License, it’s nice to know that this is at least one area where being a lawful US citizen is an advantage. I’m sure that deer would totally agree with me.

The three County Chairpersons for the Independent Party of Delaware voted 3-0 today to “dismiss” Frank Sims as its head.

The removal was sparked after Sims filed a “Certificate of Nomination” endorsing Tom Little as the party’s candidate for Lt. Governor. Wolfgang von BaumGart, the Sussex County Chair, has alleged that the certificate sports a forgery of his signature and that a candidate cannot be endorsed by the party “unilaterally.” You can check out the Certificate of Nomination HERE courtesy of First State Politics.

I spoke with von BaumGart this afternoon about the removal of Sims and he said, “The executive committee had to take swift corrective action,” after what he called the “attempted theft of our nomination.”

Sims released a letter yesterday blaming the use of the form on “a senior moment:”

“I just pulled out a form I have used in the past for nominees without any thought about it being a post convention form. It is embarrassing to admit to a senior moment, but as I studied the form, it was clear that it did not apply in this situation. Our Bylaws permit the State committee to endorse a candidate when the law requires it, and the law did not. We never made up a form for that purpose, which is why, I suppose, I tried to make another one do.” -Frank Sims

You can check out Sims’ entire letter to the Commissioner of Elections, Elaine Manlove, HERE. Sims letter also indicates that the form was filled out in the presence of Paul Baldwin, a Department of Elections supervisor.

According to von BaumGart, however, the party’s Bylaws were “subverted.” He also indicated that an affidavit of forgery for the Department of Elections would be forthcoming.

I asked von BaumGart if Tom Little was “out” as the Independent Party’s candidate for Lt. Governor and he said that there was an “overwhelming probability of that.”

As for the future of fusion candidates, who Frank Sims had rejected in a recent e-mail,

“The Independent Party of Delaware fills the urgent need to develop programs that solve the unresolved issues confronting Delaware citizens as well as develop leaders at every level of govenrment who are totally independent of the bossism of the liberal Democratic machine and the Republican kingmaker machine.

In order to fulfill our mission we will no longer cross endorse candidates of another political party.” - Frank Sims

von BaumGart had a different view,

“We will use Fusion if it’s in the interest of the Party….” - Wolfgang von BaumGart

Surely there will be more to come….

Former Sussex County realtor, Joe Connor, plead guilty today to charges stemming from a May 2007 DUI that ended in a police chase on Rt. 17 in Selbyville.

Connor will pay close to $10,000 in fines and restitution, and serve 60 days in prison for the DUI and an additional 365 days in prison for other charges related to the incident. He will undergo treatment during that time and is eligible for parole and a work release program. Upon completion, he will be on level 3 probation for 24 months, with “zero tolerance” for drug and alcohol abuse.

In court today Connor was remorseful stating, “I want to apologize to the people of Sussex County…” and in particular, “…any citizen on Rt. 17 that night.” He also said, “Nobody is responsible for what I did but myself.”

State Prosecutor Marty Cosgrove called the agreement, “adequate.” Connor began serving his sentence immediately.

If I ask you to close your eyes and imagine a forest, and the image that comes to mind is this:

Instead of this:

Then you’re obviously a Sussex County Official.

“I think we can keep our country safe and strong and follow the constitution and the law and have an Attorney General once again we can be proud of, and that will be my standard.” - Hillary Clinton

It’s always fun to see what people running for the Oval Office have to say about current events. Let’s do a quick check at the response so far to the resignation of Attorney General Alberto Gonzales:

Hillary Clinton:

“I think we should set a standard that the next Attorney General cares about the rule of law more than he cares about protecting the president. That the next attorney general….when he takes an oath to uphold the constitution, he actually means it, understands it, and will protect and defend the Constitution of the United States. When it comes to issues like torture and surveillance, the military commissions, the firing of U.S. attorneys because they wouldn’t pursue a partisan political agenda, we need to be especially vigilant and strong in making sure whoever the president appoints will work with the congress to bring us back from this precipice that this administration has put us on.

“We have lost our moral standing in the world, we have seen contempt for the separation of powers and checks and balances, and yes, I think we can keep our country safe and strong and follow the constitution and the law and have an Attorney General once again we can be proud of, and that will be my standard.”

John Edwards:

“Better late than never.”

Senator Joe Biden:

“As I’ve said before, Attorney General Gonzales has lost the confidence of the vast majority of the American people and the Congress. His resignation is long overdue.

“When I voted against Attorney General Gonzales’ confirmation, I voiced concern about his ability to go from being the President’s lawyer to the people’s lawyer. I expressed doubts then about his judgment in light of his track record, and role as an architect of policies attempting to place the President above the law.

“My skepticism was confirmed by his conduct, and his failure to put protecting the American people over protecting the President. The next Attorney General should not make the same mistake.”

Senator John McCain:

“I have said for a long time that I thought the president would be best served if the attorney general resigned so I think it’s the right thing to do.”

Governor Bill Richardson:

“The resignation of Attorney General Alberto Gonzales is long overdue. The President must nominate an Attorney General who is a lawyer for the American people not a political arm of the White House.”

Senator Christopher Dodd:

“Mr. Gonzales’ Justice Department became a political wing of the Bush Administration and his resignation is long overdue. I will only vote to confirm a nominee for Attorney General who is truly independent and who will guarantee reforms that restore and uphold the Constitution.”