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.

 

[Polly Purewater]

The store and Mr. Lemere have received many forms of harassment since April 4th and Protective Service Calls were one of them....

I guess if they can't get them one way, they will try another and another and another until they can either run off all the business or get them to leave. Its kinda sad.... but how many other business have come and gone because of similar types of prejudice... My guess is too many.

[Marty Redman]

Did you hear anything from Vicki Raven or others before they signed you over the store?  You are in the old Raven's place aren't you?

[Polly Purewater]

The store that is being discussed in this forum is AGS, in the old Raven's building. 

[XLFD]

Do you know who called CPS, and for what?  Send me a message if you don't want it broadcast.

Also I'm thinking Marty may have been wondering if you heard any rumblings from either of the Ravens about 'downtown politics'.  Again send a message if that is a better option.

[Smile]

Just out of curiosity why do Raven's have anything to do with the horrible harassment of AGS in town...is it the fright of competitors or the arrogant behavior of the City to look good in their commitment to find something to report to a newspaper and news channel? I think the City officials jump fast to boost their chest and ruffle their feather's to look good because they have failed at every other attempt to do their jobs!! How about getting rid of the skate boarders downtown who smoke dope at the corner's and harass old ppl, how about getting the drunks that leave the taverns at night and kill ppl on the roads. It is probably the first time many of them have entered a store downtown to save their life. They boast about their affairs out of town but not the good the have made in the e-commerce of Ludington & Scottville. LOL, now that is a joke. Barney &Ffife need to be in the schools and start there. Don't judge a book by its cover.

[XLFD]

I think the question about the Raven's has to do with whether they may have moved out of the downtown because of similar harassment/alienation by officials or other businesses. 

Lest we forget, succeeding in business means beating out your competitors.  If the competitors have an unfair advantage, such as special treatment by the LPD, City Hall, or the Ludington DDA, then its competition can be wiped out or neutralized and free market forces are disrupted. 

[Smile]

Wow, well said, often wonder about the other treament of soon to be empty stores because of the same thing. Yes their is certainly a trend towards special treatment to those that can withstand the unfair practices of the LPD, DDA, CM  & Mayor. Why are other stores not harassed for "illegal" or the good of the town not taken down? Who's filling who's pockets, ya wonder?

[Smile]

Thanks Polly, it is sad to say but they will use many forms of illegal harassments to TRY to shut down a business with a minor and I say minor part of a huge place of business. So sad for a new store to come to downtown and get welcomed this way amd so illegal in every way. Go AGS with attorneys all the way.

[Angela]

have any of you guys actually gone into that store?  It is quite a shady place with shady employees - sorry - but this is MHO.  I went in there to get stuff for hubbys e-cig and I will never step foot into that store again.  What they are doing in there and telling plp what do do with the stuff they sell is crazy.  I in fact did overhear an employee talking to a customer about this "spice" and what do "do with it" I looked up at him and once he say me starring they turned and huddeled in away from me - if that aint fishy...........i turned and walked out w/o completeing my purchase...........sorry but this is what i saw/heard and completely agree with LPD on this one - that crap is dangerous and shouldnt be allowed in out community

[Polly Purewater]

Angela,

It is quite clear you have never been into the store. I personally have been to the store over the last 4 years many many times.

The place is not shady at all.... the employees are friendly people, who have a knowlegde of what they are selling. Just like in any store you go to. You ask a question and the employees gives you an answer. Even if someone was talking about spice... it is a legal product... which all the people seem to forget....

Maybe some of the items seem crazy to you but the AGS store was founded on what the people from ludington requested. The whole store that is there everything in it was requested by the people of ludington at some point.

I don't believe you have ever been in the store, I think you are one of those haters who jump to conclusions without knowing all the facts.

Mr. Lemere is running a legit business. You may not approve of all the items in the store but I bet you and your friends go out of town to purchase most of the items they sell, not unlike most of the other haters.

So do you not go to family video? They sell dirty movies. Or do you not shop at lowes, home depot... they sell turptine and paints kids are huffing, or wesco, AJ, any Bar in town most resturarants, meijers, walmart they all sell alochol and WE ALL KNOW HOW DANGEROUS THAT IS... (DOMESTIC VOLIENCE, DRUNK DRIVERS,MIP, AND ON AND ON...)

What about hallmark or the evergreen or other stores in town that sell the hand santizers...kids are drinking them to get high..... or Rite Aid and Walgreens... they sell the drungs kids are OD ing on.... so all those store should be run out of business and called shady with shady employee?

Bet you shop at those stores and think nothing of it. So please stop the lies and get over it... AGS isn't asking you or anyone else to shop there who don't want too.

You are condeming one store for selling dangerous products which you have no proof.. but the other stores in town who sell the SAME PRODUCTS or others products that are being misused is OK with you.

If you have ever been in that store which I doubt you have.... you would see it is just another downtown store like the rest, except that it gets harassed by people like you who have no idea what they are talking about.

bet you can't even tell a date or time you were there... You know they have cameras that record every hour of every day... They could easliy pull up your incounter and put it on utube for all to see and see who is telling the truth and who is blowing smoke to start drama.

[Sweater Cows!]

The only offensive thing in there is all the sports junk they had out at the other location.

[Angela]

Actually I have been in that store and also when they were at their previous location.  That is where my hubby gets his "flavors" for his e-cigs.  And I can guarantee you that at least on of their sale person have been in jail before also - The owners seem like decent people but they need to hire new clerks who work for them - they are shady - wouldnt want to run into any one of them on a dark street without my "companion"  and sorry my friend or myself dont go out of town to buy what they sell in that store - the only thing (we) need is the ecig stuff and will be getting that from the Alley from now on......so you need to stop the lies cuz you have no idea who I am, who my friends are or what the hell we do.......

and your right I dont recall the EXACT date or time we were in there - it was a weekend and a nice day and we decided to take a walk down there because we dont live too far away.

and yes it is legal, just like the rest of the stuff you mentioned - but are the clerks at these other stores telling kids how to illegally use these mentioned item to get high? no i dont think so....

and you even said it yourself - IT IS A DANGEROUS PRODUCT and there is lots a prrof that it is dangerous - get YOUR head out of your ass and see the big picture