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]

Before we get a full blown catfight here, let me say that Angela has been a long term contributor to the Torch whose frankness cannot be denied.  Like Angela, I have been to AGS at both places here in Ludington.  The older location was smaller more well lit and the times I was there had only a couple of folks there.  When I visited the downtown store there were more people hanging out, the store is more spread out, and I am thinking she may have witnessed exactly what she related. 

My advice to the presumably good people who manage the AGS Store is to be careful in how they select and train their employees.  They very well might be trying to hook people to these products by marketing them contrary to the owner's stated directives.   

[Polly Purewater]

AGS has 3 Employess and none of them have been in jail.... Again giving false information...

Michael Kessel

Sandra Kessel

Sarah Comstock

check out the public records you will find that none of them have ever been in jail....ever....

so if her gaurntee that we have is false how can one believe the other things she says....

Sorry X if you trust her, But I don't believe her.

[Angela]

thanks XFLD.....yes at the time I was in there when said incident happened the owners were not out on the sales floor......so quite possible they have little to no clue about what their clerks tell customers........and Polly how do u know that none of them have been in jail? I worked there for 4+ yrs.........one of them has been thru MCJ - atleast one of the employees from when I was in their store.....maybe he no longer works there.....

[Smile]

If you have been in this store before what is you beef now!!!

[Sweater Cows!]

There is nothing wrong with having been in jail, Just because something is illegal does not make it immoral or even wrong, it just means the military industrial complex does not like ones viewpoint and choice of liberty! And just because it is legal does not make it moral either!

[Polly Purewater]

Very Well Said When will Atlas Shrug.

[Angela]

no you are right there is nothing wrong with ever having been in jail depending on what your charges were - AND AGAIN POllY I will say the day that I was in that store the kid behind the counter that was talking to customer was in jail before - maybe he wasnt even an employee - BUT he was behind the counter AND he gave the impression to customers that HE worked there............so get over yourself POLLY wants a cracker

[Bill "Harley" Fay]

The only thing I don't understand about this whole argument? AGS has pulled all of that stuff from their shelves. Why are we even discussing this anymore?

[Smile]

Well said Polly, I think this Angela is blowing smoke herself!!! She could not have POSSIBLY been in that store and saw/say what she is!!! That store is soooo big and you cannot here from the front to the back and I do not believe for the life of me that they would be telling a minor how to do spice, DUH, you have to be carded first, that means no minors. Secondly the possee from Ludington is so uneducated to run a business out under illegal threats. Go AGS and stand your ground, the camera's are proof in the pudding....just watch who goes in their..LOL if they only knew!!!

 

[Willy]

Bill

AGS is not the topic. The topic is how the local authorities handled this situation and how they will react in the future. Just because the products that sparked this discussion have been removed doesn't mean that the problem Ludington has with it's officials has gone away.

[XLFD]

I agree, except that the behavior of the AGS personnel is a topic of secondary importance, since if someone associated with AGS was actually promoting the unsafe use of a product, then Barnett's action would not have been as odd.  If Angela's assertion was true, and not taken out of context, I am assuming that who she thought was a clerk may have been someone who hung around the store regularly.  Like most downtown stores, the clerks probably don't have any special uniform or name tags at the store. 

[AQUAMAN]

Well said both Willy and X, took the words out of my mouth. But, the pmp funny stuff had me rofl.