Archive for the 'Law' Category

The Grand Old Same Old Same Old

Tuesday, March 3rd, 2009

A fellow emailed me after the show today and asked why the local GOP has such animosity toward local people organizing for their own political interests. Perhaps because the GOP isn’t looking out for your interests? A County GOP bigwig telephoned the show Monday and implied the folks joining the local “Regiment” were a bunch of knuckle dragging apes looking to shoot up the town. For the record, many of the “Regiment” members are retired police and military. If it makes the GOP feel any better I should mention some of them were “officers” and probably played some very good golf courses. Some of these folks are teachers and bankers and business owners. One is the stepchild, I believe, of a former Deputy Secretary of Defense. The local Republicans are crowing about last year’s successes. The Clerk of the Peace faced token opposition. Sussex County’s only statewide candidate has already voiced his issues. Greg Hastings, one of the finest people I’ve ever known in public life or outside of public life, got little serious support. Oh, some of his colleagues asked if I could help. Otherwise they couldn’t be bothered. Joan Deaver, a left-wing radical, is serving on County Council. Watch the demographics because more are coming. The Republican controlled Council has managed to curtail public dissent. Gosh, fellows, you’re men after President Obama’s heart! Then last week I learned Council members get taxpayer money to throw at causes “near and dear” or in other words to spread around like Philadelphia street cash. Ms. Deaver was the only one calling for an outright ban. The majority settled for being a little bit pregnant and cut the amount somewhat. I do not forget a member of the majority attempted silencing me last summer. For what I thought could be common cause I’ve stayed silent for months. Did you know two of my friends operate a Christian charity? When they approached Sam Wilson for assistance he said he would offer help only if the recipients would agree to be “Saved”. Forced conversion, if you will. Muslims just do it by the sword. It’s now noted he supports silencing dissent at Council sessions and on the radio. He’s a GOP gain. Proud, I know you are! Come, put your cares aside. Let the GOP be your life coach. If they’ll just flash a picture of President Reagan before our eyes we’ll all fall into line and praise Mike Castle. It’s a big tent. Only remember in 1980 the party regulars couldn’t stand Reagan and they don’t really like you.

Regiment Update

Monday, February 23rd, 2009

The report from the Sussex County Regiment is very good.  A website will soon be in operation.  I wasn’t able to attend Saturday’s meeting as I was here at work but I did have a representative in attendance.  Organizers are suggesting they’ll soon have a more permanent meeting place and schedule.  While I’m not trying to “out” any members I will suggest, and this is only a suggestion, the meeting place become public knowledge.  The ultimate decision will remain with the organization’s membership. 

 

Organizers are also suggesting a large turnout at the March 9 Sussex County Republican meeting.  Not as to create an adjunct for the G.O.P. but to allow members an opportunity to see how a political party functions. 

 

Let me expand here.  The Sussex County Regiment will not be working to carry water for any party.  One look at Mitch McConnell should tell you the GOP is bereft of ideas and ideals.  I’ve suggested, and again only suggested, the organization stay clear of Brandywine Hundred country clubbers.  Next year members of the local Republican Party will be all smiles publicly when urging you to vote for Mike Castle.  Many of you know the meaning of the word hypocrisy. 

 

The only method available for contacting the Sussex County Regiment remains email:  sccor2009@yahoo.com.  

 

Meanwhile, last week the President of The Patriot League of Central New York appeared on my program explaining how you can create these organizations and make them grow and have a lasting impact.  Check out his website:  www.plcny.com 

President I am that I am

Saturday, October 18th, 2008

So the plumber isn’t named Joe? It’s his middle name. No surprise here. We aren’t allowed to speak middle names in this campaign. The name which can’t be spoken, familiar to people of faith, which means the candidate, will now be known as “I am that I am”. When you go and vote tell them “I am” has sent you.

I’ve been putting together some strings of ideas. A story on NPR told me the world financial system was now so complex we need to be part of international regulation of the markets. U.S. sovereignty will be surrendered to a new world financial order. Days before I read a report from a U.N. committee. It recommends that meat be rationed to 2 servings a week in order to provide equally for all people of this world. Considering much of the world eats very little meat the paper targets the industrialized world or primarily English and French speaking North America. You’ll need a U.N. card for grocery shopping.

The same report also urges prohibition of alcohol. Apparently brewing cold beer takes food from the mouths of children in Bangladesh. Since we can’t be trusted to do the “right thing” the world government will reshape our conscience. Don’t object or you’ll lose the ration card and be left with an empty rice bowl.

How convenient for the globalists the financial panic. For many years I’ve derided conspiracy theorists who spoke of a currency called the Amero, the North American Super Highway and Washington’s submission to the United Nations. Now I’m starting to take these claims seriously.

Which candidate most likely to assume the White House would take us in this direction? Mr. Obama and Mr. Biden are primary sponsors of the “global tax”. Nearly one trillion dollars would be funneled overseas in an effort to end poverty (Apparently no one before has ever thrown money this direction). We’ll also need a trillion or so for single payer health care. We’ll control costs by limiting what your doctor can earn. You may remember surgeons in the Soviet Union often were paid less than construction crews. Not to disparage blue collar workers but your doctor has years of student loans on the books.

Unless of course you make education “free” and control teacher pay. This should only cost the treasury a trillion or trillion and one half. With a national debt expected to reach 11 trillion dollars next year you’re probably worried the national credit card will be maxed pretty soon. Not to worry, the Chinese have agreed to continue financing the debt as long as we agree to worldwide control of financial markets and ultimately subject our government and the will of the people to control of a world body. It’s all so easy but for the United States Constitution. No need to worry, Obama will appoint Justices who’ll smooth the rough edges. He owes the Chinese, my friends, they’ve bankrolled his campaign.

Lastly, you’ve likely heard President Obama and his Congressional friends, riding a rising tide in both houses plan to put the Fairness Doctrine back in place. Effectively silencing talk radio hosts nationally and at the local level who may dare tell you “I am that I am” is a false God.

The End Is Near

Wednesday, April 2nd, 2008

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.

Your input needed in Dover - about US flag decals on DE school buses

Monday, January 7th, 2008

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

Do Not Call Registry - it’s not forever!

Saturday, August 4th, 2007

You’re smack in the middle of dinner – or your favorite TV show and the phone rings – telemarketer. 

Wait a minute – you signed up for the Do Not Call Registry when it first started!  Why are you getting telemarketers calling you again? 

There’s the rub – the registry is only good for 5 years!  If you signed up for the Do Not Call Registry after June of 2003 – you have to re-register again before your registry entry expires in 2008 – if you want to keep telemarketers from calling you at inconvenient times. 

Lois Greisman at the Federal Trade Commission tells WGMD the Do Not Call Registry has been hugely successful and they have over 147 million phone numbers registered. 

Some facts on the Do Not Call Registry:

  • Not all telemarketing calls are included – political organizations, charities and phone surveyors are still permitted to call, as well as companies you have an existing business relationship with or want to receive calls from.
  • When you register, your phone number will be on the registry the next day, however telemarketers have 31 days from the date you register to stop calling you
  • The registry is only for personal telephone numbers and you will receive an email from the registry which needs to be responded to before your registration is complete.  You can register up to three phone numbers
  • Cell phone numbers can be registered, but it is an urban legend that cell phone numbers will be released to a public listing allowing telemarketers to call you on a cell phone number.   
  • If you do receive unwanted calls – get as much information as you can – a phone number from caller ID, business name – or the number the telemarketer asks you to call if it’s an automated call.  Then register a complaint with the FTC.

Does the registry work?  YES!  I signed up just after Do Not Call began – and I’ve seen a marked drop in telemarketer calls.  However – I still see a lot of calls that spam my answering machine that are usually bogus “non-profits” which I now plan to file a complaint about if they persist.  I will miss the occasional prank I played on some telemarketers – my favorite was when MCI still existed and they were rabidly promoting their “Friends & Family” service.  My response to the telemarketer was that I had no friends and was an orphan!  My Mom thought it was funny - but I never heard from MCI again!

You can sign up for the Do Not Call Registry either by phone at 1-888-382-1222 or online at http://www.donotcall.gov/ .  You would use either of those options also if you want to verify an existing registry entry – or register for the first time.

 

 

DMV, Georgetown, Motor Vehicle Inspection

Wednesday, January 24th, 2007

I need some help, my friends. I took my car in to get inspected today at the DMV in Georgetown, and my car failed to pass inspection. Why? Because the driverside window motor is going and, though it rolls down fine, it’s a little sluggish rolling back up. When I asked the kid manning the inspection lanes why it failed… he said that “the windows need to go up and down properly.” Fine.

I took the young chap at his word… until I came to my senses… Why exactly is that the case? No safety issue there… no emission issue there.. why does my window need to roll up at warp speed? It still rolls down fine…

As the day grew longer… my irritation over this grew… I took my car to a shop and they told me it would cost $330 for a new motor for the window.. $130 for a center console switch, plus $80 an hour for labor…

Again, the nagging question.. why is this a measurement of success in the inspection. I called the DMV back. Not Happy To Hear From Me (sentence frag.) I spoke to the supervisor of the Inspection lanes and asked him the same question..

“Not a safety Issue; Not an emission control; Why is this needed to pass inspection?”

His answer, “If you’ve got a problem with it, contact your legislator… It’s title 21.”

Jared: “But that doesn’t make sense”

Inspection Thug: “It’s so you can make hand signals to other drivers.”

Well, I’ve only seen a few hand signals while I was driving… and none of them have been particularly helpful… And if you mean turn signals.. isn’t that why they checked to see if my turn signals worked? Or maybe I’ll be running into a driver from the 1930s before cars had turn signals, and he’d be confused by these modern marvels and I’d have to use the ol’ fashioned way of driving.

I couldn’t sleep, faced with the prospect of spending $700 to get my car inspected for such a silly reason.. So I looked into Title 21:

Here’s the section on inspection.

Now, it mentions tinted windows a whole heap.. It mentions cracks in windows.. but nothing about windows being rolled up at lightning fast speeds..

Even the DMV Website lists only these qualifications:

A typical automobile inspection consists of a safety inspection covering such items as tires, brakes, windows and an exhaust emissions inspection that analyzes the vehicle’s exhaust and a test of the fuel system for leaks. Trailers exceeding a 4,000-pound weight limit must pass brake and safety inspections. All DMV inspection technicians are certified and trained in all aspects of the inspection process.

When you delve further into the sight, here’s the safety check information:

  • All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights
  • Brakes must stop the vehicle within required distance
  • Glass in windows must have no holes, breaks or cracks
  • Mirrors must be clean and unbroken
  • Windshield wipers must be fully operative (the rubber blades must be in good condition)
  • Hood and trunk latches must hold hood and trunk fully closed
  • Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads
  • Doorknobs or equivalent must be present and in working condition
  • There must be no damaged or dislocated parts projecting from the vehicle that could present a safety hazard
  • Horn must be in operating condition
  • Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust system. Catalytic converter must be installed if originally equipped from manufacturer
  • There must be no gasoline leaks
  • Bumper height on passenger cars must not exceed 22 inches from the ground to the bottom of the bumper
  • No tinting or sun screening device can be applied to the front windshield or to the front side windows
  • No air scoops shall be mounted on a vehicle hood that exceeds 3 inches
  • Windshield must have no cracks that interfere with vision. Any cracks over 5 inches on any window are mandatory failure items. Minimum height of visibility in windshield is 10 inches

Again, nothing about rolling the window up… Keep in mind, it rolls down at regular speed. Perhaps I am missing something here and you can help me out… Or maybe you can supply me a replacement door for a 97 Chevy Cavalier… Otherwise I may be taking the shoe leather express to work until I can afford to pony up $700 to get this fixed.

No Frills

Saturday, January 20th, 2007

With apologies to Randy Nelson (I only managed to catch that last part of this segment due to work commitments) it was interesting…and heartening…to hear (the last part of) his interview with the gentleman opposed to the death penalty. Couldn’t agree more and I hope, sooner rather than later, we are a country proud to say we no longer have it.

We try someone for murder because it is WRONG and, if found guilty, we sanction the govt. to become the murderer. What kind of morality is this or sense does this make? One argument often heard is “why should we pay to keep a murderer in prison”…and the fact is, it costs more to execute than life without parole will.

“It’s a deterrent”..another heard. Proof? Yet another is “an eye for an eye”…if that be so why, then, not allow the person most affected by the victim’s loss to decide penalty for the perpetrator, once found to be truly guilty? In the rare cases when vengeance has been wrought by a victim’s loved one, who’s next up before a jury? Why? Because it’s WRONG and “thou shalt not kill”…still okay for the govt. though and all other death penalty proponents to advocate.

Frankly, seems fair to say our prisons do nothing to encourage a sway from the death penalty to life imprisonment…not when they have few deprivations. Prisoners have exercise facilities and equipment, three squares a day, tv, socialization, medical care, dental care, legal services, computer access, education to most levels and even bringing in entertainment. I’d remove that last, computers, gyms, tv…at a minimum. (To be honest, I must confess at times I envy them having a private cell, all the books they care to read and the peace and time to do so! TIC). We don’t need to pamper them…imprisonment IS punishment, after all. Work or educational programs are fine, even desirable; allow them books…censoring selections…feed them. Crimes that warrant life imprisonment to mean just that…the only way that person is coming out of prison is old, feet first, in a box. Nothing more, nothing less.

Someone Really Mad at MADD

Wednesday, January 17th, 2007

I spoke to Regional Operations Chairman of MADD Chesapeake - Joe Sikes today and he informed me that Yesterday there was an intruder in the MADD Delaware office. According to Sikes, someone came into the office, started yelling, turning over tables and causing a general scene. The one MADD staffer who was in the building was so scared (s)he had to leave the building.

Is there any wonder that this type of thing is occurring when the press has been so malicious lately.

I’ve seen headlines “I’m angry at MADD” - “uproar over MADD’s support of OCPD”

I even heard word that one of the MADD higher ups may be in danger of leaving her post due to anger directed towards the organization.

Where do you get off treating a volunteer organization that works awful hard to keep you safer like that?

Take a look inward, find out where all the anger is coming from and stay clear of people who are actually trying to do good in the world.

Thoughts on the Delaware Smoking Ban

Wednesday, January 10th, 2007

     Delaware made headlines a few years ago when we passed the Clean Indoor Air Act, one of the most restrictive anti-smoking laws in the nation.  Are we ready to take the next step? 

     The Bangor, Maine, City Council has approved a measure that makes it illegal to smoke in vehicles if children are present. The 6-3 vote makes Bangor the first municipality in Maine with such a law, although similar statewide bans are in place in Arkansas and Louisiana and are being considered in other states. The law goes into effect next week.  Bangor City Councilor Patricia Blanchette — herself a smoker — told AP that people who smoke with children present in the confined space of a vehicle might as well be deliberately trying to kill them. But Councilor Susan Hawes was opposed to the legislation, saying police should concentrate on more important issues, and that there’s already too much government intervention in people’s lives.
     If we ban smoking to “protect” your local waitress, shouldn’t we do the same for our children?
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