Bullies in Ludington Blue

[XLFD]

Preliminary Investigation:  Salt and Spice and Everything Not Nice

 

The April 7, 2012 issue of the Ludington Daily News had an interesting article on the sale of items at two local establishments, one that just so happens to be in Downtown Ludington.  The business, which was never mentioned, received a letter from Barnett on April 4 about 'spice' and 'bath salts'.  This is not cinnamon and the latest from Calgon.  Spice is an incense that produces a narcotic effect, and the bath salts that have similar effects, when not used as directed.  Both are legal, and both are labelled "not for human consumption".

 

The article says: 

1)  "Unfortunately, the product’s use has also increased traffic at another local business: Memorial Medical Center. Medical officials have observed several people having bad experiences with the drug."

2)  "The letter spells out the civil penalties the store owners could face if customers under the influence of something purchased at their stores have either medical or legal issues."

3)  "The Ludington business has instructed people how to smoke the substance, even though it’s labeled not for human consumption, according to Barnett."

4)  "Barnett said the substance is currently legal but he would like to see it disappear from the community.  “Maybe someone would have to go someplace else to get their spice,” Barnett said. “That would be OK by me.”"

5)  "The mother of a Ludington man who used one of the products contacted the Ludington Daily News early this year to report that he had been hospitalized and was undergoing mental health treatment after just one use of a bath salt that was purchased in the area."

And many other quotes from officials without the use of too many specifics.  It looked to me as if Chief Barnett had an objective, and like most of his objectives, he wasn't too discriminating in the attainment of them, using the LDN as a tool, much like most local government officials do.  That was my hypothesis.

 

Information Development:  FOIA Coordinating Time

 

The letter and other statements by public officials were available through the power of the FOIA, and so I sent two out to Ludington and the Mason County Prosecutor.  Referencing the article, I asked John Shay, Ludington FOIA Coordinator for:

"1) the letter LPD Chief Mark Barnett sent to a Ludington-area store on Wednesday 4-4-2012 about the potential civil penalties, etc. of dealing these substances
2) any police reports, statements, memos, etc. allegedly showing that the Ludington-based business has instructed people on how to smoke the substance even though its labeled "not for human consumption".

By all means, edit out any material that may be exempt due to privacy or other law enforcement exemptions, but please note the reasons why if it is not entirely obvious."

 

I received the letter and a police report, and the only exempt material was private information on the police report.  My FOIA request to the prosecutor (shown fully here) asked for:

I received two E-mails between the prosecutor and Chief Barnett.

 

The Evidentiary Material

  A.  The E-mails Between the Officials

 

I thought this E-mail was promising, and it looked as if Chief Barnett may be engaged in a service that is to be commended, educating the public about the dangers of these designer drugs.  His intent seemed honorable.  Prosecutor Paul Spaniola's reply looked well-meaning as well:

Missing in the Prosecutor's remarks were the FOIA-requested precedents and references that he used to draft his response.  Absent was also any hint of any such type of problem in Mason County that he was aware of. 

 

B.  The Letter and the Police Report

 

The letter was drafted to Mr. Garth Lemere of the AGS Store and hand delivered to him by the Chief and his faithful Captain Michael Harrie (as stated in the police report.  The letter reads thusly:

 

 

 

The following incident report 12-001362 was written up detailing the actions took by law enforcement that day between 11:05 AM and 11:15 AM.

This was the full extent of the FOIA response, and the reader will once again notice the lack of any other police report detailing any incident beyond the LPD's contact with these store owners who just moved downtown within the last year.

 

Analysis

 

The prosecutor's material illustrated that Chief Barnett's concerns were commendable and done with the best intentions.  But I was somewhat confused by the police report and the letter.  The "staff member" seems to refer to a member of the District 10 Health Dept  which covers ten counties in West Michigan.  Not to any "staff member" at the AGS Store, who are referred to as salespeople in the report. 

With that information they go to a store that sells materials that could be used in an unhealthful way.  There is no indication that it has been used in such a way, from previous incidents, nor do the substances fall in the illegal category.  They hand the letter to the owner who reads it. 

The letter states that the AGS store staff has gave advice on how to smoke it, but there is no evidence of that, as there were no further records in the possession of LPD that indicated such (as they were not included in the FOIA response or exempted by the FOIA Coordinator).  As such, it is hearsay information and should have been documented thusly.  I sensed the letter also strayed from the purely informative and educational aspect Barnett originally envisioned into being a bit accusatory and intimidatory to the business.  I admire Mr. Lemere's noncommittal reaction to this strange event.

What really struck me as prejudicial in the report, however was the last line:  "Investigation may be re-opened if further illegal activiity occurs".  This effectively states that some illegal activity has already occurred, but even if a salesperson had given advice, the illegality of doing so is suspect, as that would be protected speech. 

 

Crime Victim Notification

 

The AGS Store is the victim here.  They have been accused of doing illegal activity and of having their staff giving advice on how to smoke incense, when such activity has not been documented or legitimately investigated and sanctioned.  The LDN article was spoon-fed to that paper by the Chief and contained inaccuracies, prejudicial material, and half-truths. 

Does Chief Barnett and Capt. Harrie visit other stores that sell turpentine, paint thinner, ammonia, etc. and other potentially-abused substances and allege those merchants have violated the law by doing so?  Is this a proper way to treat a new merchant who comes to the town and offers unique products?  Was the visit by Chief Barnett perhaps encouraged by a competitor who may view the AGS Store as a threat to their business?  Or by a group of businesses who don't like this new upstart and their downtown fit?

Or was the Chief's motivation due solely or primarily by a desire to remove a perceived threat to the quietude of his city?  Time and future events will tell, but I see threatening and intimidating behavior behind the actions.

 

[XLFD]

I would suggest that Mr. Lemere and everyone who works at or frequents the AGS Store to begin keeping records of harassing behavior.  Get everyone who was at the store when 'Barney and friend' came to drop off his letter and threat write their own report of what actually happened, and to take pictures of any future harassing behavior (police behaving badly get camera-shy) and to photo-document other vehicles blocking the alley between and parallel to Ludington and Court Street whenever it happens. 

Also if AGS is on good terms with the other 'dealers' of legal products, get some statements from them about their lack of being bullied on the issue.  Like regular bullies, these folks won't relent or respect you if you don't fight back. 

[Garth Lemere]

Here are some of the letters/reports from the AGS store available to every customer on every spice product they carry. Notice there are no illegal chemicals detected in ANY product sold by the store. The AGS store can and will produce all reports to anyone interested in having one.

[Sweater Cows!]

If you feel the need be sure to educate your customers on their RIGHT to REFUSE CONSENT TO A SEARCH. There is a nice postable notice about it somewhere on the net I am sure.

[XLFD]

Here's a video on your rights to refuse a search.  These guidelines are also applicable if you consent to a search on your person.  Walking out of the AGS Store with a certain look on your face is not probable cause.  Denying the search also lets you see that priceless look on their faces.

[Sweater Cows!]

It would be fun to open a nice big head shop in the area, bongs, good glass bowls, the whole gammet of hippie stoner culture, grateful dead and bob Marley branded stuff , ags and fort daul might sell a few novelty items, but the stuff they sell is novelty at most and nothing compared to the big boys in the cities. Purple East, Shakedown Street in G R, Inflight and the BP station on MI Ave in East Lansing, I would love to open a store like those just to spite the local uppity wine drinking booze swillers! LOLOLOLOLOLOL

[Smile]

I like your thought here. Continue with the brain storm! Where would we go from here.

[XLFD]

Hundreds of household items, when used incorrectly or without proper precautions can have deleterious effects on you.  I remember painting an apartment room with little ventilation using standard latex paint.  After a couple of hours of that, I had an altered perception of reality, and a headache.

[Lisa O'Brien]

better get a lot more of those letters ready - seems hand sanitzer is dangerous

http://www.wibw.com/toyourhealth/headlines/Drinking_Hand_Sanitizer_...

[XLFD]

Shhh Lisa, the next thing you know Barnett will shut down all the porta-johns in the area. 

[Smile]

Am new to this issue but seems like Barney Fife needs to back off and check out legal procedures before taking his cronies into this store and using harassment without malis.I thought this quiet little town wanted new businesses and not empty buildings. I think the City of Ludington should welcome a store and talk to them about their practices before threats. I would not like to see his highness fall of his pedastal from misinformed cronies who tell him how to do his job. Again I wonder as others have stated do the police officer's visit stores that sell paint thinner, alcohol, turpentine, whipped cream, hand sanitizer, amonia, & all the other threats to the entire general puplic too? I would like to see their letters of threat too. This should be an interesting legal battle to follow. 

[Smile]

Also when did and who gave the LPD the right to harass these owner's into bullying them in saying they would take their children away from them if they continued to sell this product? Are we back in the neaderthal era? Abuse of power, without facts, tyrades of power and we can all name the woman involved within the Dept who's relative was involved in the overabuse and rehab problems for they existed before AGS came downtown, According to those clossest to the young man, the drugs given to him, percodet, valium, ms contin, etc probably contributed and was the cause of the overdose not anything that can come from the store.The blood work at the hospital along with his girlfriend can attest to that. So let's cut to the chase and give letters and threats to all stores who sell ANY products that could alter the brain cells..furniture protective sprays, shoe spray, alcohol, whipping cream, turpentine, paint thinners, hand sanitizers,gasoline..let's just go on and on so all store are gone downtown! 

[XLFD]

Tory, I like your dramatic style, tempered with your reasoned rhetoric.  Don't check either at the door, here at the Ludington Torch.

I had read about the background and have heard tell of the initial event that sparked the Chief's interest, however, you piqued my interest with the taking children away comment.  Did anyone, LPD or otherwise, say such a thing?