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.

 

[Bill "Harley" Fay]

AGS does NOT sell bath salts. Nor have they ever!

[Smile]

Yes you are correct Bill....

[Smile]

Well said Willy so now I think every alcohol related incident should go on the front page of LDN and the business receive a citation and threat....How about all the paint thinner & ammonia cases? Don't remember a front page article or illegal threats..could write a book about ER visits...no-one connects the dots to all those visits..HHMM wonder why that is?? Ludington paper would need more blank ink for sure.

[Polly Purewater]

I just want to mention, that it is strange that the police report does not state that an unknown female handed the 2 police officers who were at the store on that day a stack of reports from chemists on every product that they carry. These reports state exactly what chemicals are not found in any of the products sold by the store. The papers also show there are no illegal chemicals or additives to the products. The papers included every product sold by the store and were there for all customers to take a copy. The police at the time the unknown female handed the papers and told them what they were said they didn't want to see them. Hmmmm makes you wonder if they don't even want to see the reports of what is and is not in the products. The report also states that understanding that some of the componets are illegal to posses and sell, how do they know this if they refused to look at the offical papers available to everyone on every product that was there. Doesn't sound to me like they really cared about the proof or evidence, They were more interested in making their big appearance. Since that day at least one local police officer has been harrassing customers as they leave the store. Asking to check their pockets and everything. Also just saying the LDN reported that and i quote Spice "Dealers" put on notice.... PLEASE NOTICE DEALERS NOT DEALER which is a plural form meaning more than one.... No other store of the the 4 stores in town who sell the legal product got a letter except for Mr. Lemere..... to me it seems like it is a personal grudge against Mr. Lemere.

[XLFD]

The Ludington Police Department, alas, has devolved into just a gang of bullies since City Manager John Shay and his buddy from Oakland University, Chief Mark Barnett took their authoritative positions back in 2003.  Unlike the County Sheriff, the Ludington Chief is not popularly elected, and only needs to answer to the City Manager.  Our city manager is corrupt, and that corruption has spread through the corporate body known as the City of Ludington. 

[Garth Lemere]

Thank you for pointing that out. I have personally spoken with other business owners/employees and they have yet to be notified. I have worked long and hard to make a name for myself after a troublesome youth. I am very frustrated and dissapointed in the LDN, LPD and the prosecutors office. In a conversation with the PA's office I was infromed that if anyone went to the hospital or died I would be "sent to prison" and they would "take all of my savings". I'm not a lawyer but it seems to me that this is nothing more than a crusade against me personally, for what reason I have no idea, and it has crossed the lines of harrassment. Customers have been stopped leaving the store and asked to reveal what they have in their pockets and just today someone was ticketed for parking at our back door while making a delivery. the truck across from us parked next to the church for over an hour was not. I am actively seeking an attorney that will accept this case if anyone has any suggestions please let me know.

[XLFD]

I would love to share information with you Garth.  I am currently involved in several legal proceedings with the City involving FOIA requests, a 2008 bicycle traffic ticket (a long story!) and a letter of trespass that was specially created for me because of making FOIAs regarding unethical conduct of City Officials. 

I also have an issue with the prosecutor involving an assault on my good name.  I would advise you to look further back in the archives to check with my past dealings with the City, and to hire an attorney from out of town.

[Polly Purewater]

I would like to also add that if they don't know what is in the spice. How can they say with absolute proof that it was the spice that sent the person to the local emergency room...let alone send you to prison.

The LDN also reported a sad story in the spice article about a mother who son had to go to rehab/mental help, as far as the mother who was quoted in the paper, I know the young man personality and know exactly what he was taking from him and his girlfriend at the time.... His mother is on a quest to shut AGS down and stated this fact on the news site and on facebook, sheis telling half truths to try to get it done. The LPD and LDN are eager to help with out knowing the facts or even trying to find out the truths ... and guess what she also works at the local hospital... I think it is gonna be hard for them to prove that spice sent him to the hospital and to rehab.... especially if you get a lawyer and get the medical reports.... and remember you have the right to face your accusers!

[XLFD]

The LDN is a willing associate of the City and its policies.  Try to recall the last time it has been critical of anything the City Government including the Downtown Ludington Board (DDA) and the LPD has done.  It's not there; but they are eager to put those who do not follow lockstep with them in a bad light.  I know this firsthand.

[Angela]

To Garth :ok stopping customer when they leave your store is going way too far........but the PAs office telling you that you could go to jail if someone were to be hospitalized or die from a product you are selling knowing that kids use if for illegal purposes is just like a bartender "supplying" alcohol to an obviously intoxicated person.....if that person kills or hurts someone after leaving your place you can be held responsible because you (the bartender) didnt cut that person off.............get my drift?  it can affect you and your business if something bad were to happen to someone............

but yes they are harrassing your customer by waiting for them to leave the store.  Honestly is it really worth it to sell this stuff that is known to be used for illegal purposes?  Isnt or wsnt your business doing good enough to NOT have to bring out a product like this?

[AQUAMAN]

Thanks for your material update Polly, and to be sure, I'll bet none of the other "dealers" got a visit in person with intimidating actions either. When the LPD doesn't want to know the chemical contents of the "spice" product, it smells of a "fixed agenda". I've witnessed this time after time with myself and others in the community over the years. If you want to present your side of the matter, try to point out and prove your innocence, they aren't interested in the least bit. Why? The "fixed agenda of actions" they are going to force on the public. Facts are no longer material to the event, just their perceived notions from jumping to conclusions, conclusions that aren't warranted and false mostly. The main thing is to keep an "iron fist enforcement approach", so no one is assumed innocent, just guilty as perceived and alleged. Violations of our civil liberties and rights? You darn tootin it is, and they know it, but will never admit it. If Mr. Lemere is getting hassled in any form like you say, frisking customers leaving the store, parking tickets for truck deliveries, and any other sort of harrassing behavior, I would start video taping the evidence asap, to be passed on the the AG's office, as well as your attorney for suit. Just DON'T hire a local attorney, they are all in cahoots with the authorities and courthouse.

[XLFD]

Aq,

Just read your reply and found it amusing we both gave the same attorney advice.  Good advice elsewhere as well.  I am thinking Downtown Ludington Inc., led by public officials, the DDA elitists, and grant-hungry businesses believe the AGS Store is not as good a fit as Raven's was for their concept of 'Downtown Ludington'.