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Obamacare: Politicians lie to cover bad legislation

In Economy, Health, National News, Opinion, Politics, sociology, Uncategorized on November 19, 2013 at 5:03 pm

DIH LOGOHow ever the White House and the Democrats want to spin it, President Obama lied about the Affordable Care Act – and he wasn’t the only one. But it’s “his” plan and legacy that are on trial now.

Denying that he ever said the line is ridiculous and just makes liberals look worse. It has been fact-checked repeatedly even by liberal news media. The first appearance of the empty promises came at a town hall on August 15, 2009 when the President said, “I just want to be completely clear about this; I keep on saying this but somehow folks aren’t listening — if you like your health care plan, you keep your health care plan. Nobody is going to force you to leave your health care plan.”

Less than a year later, he said essentially the same thing at a speech on March 25, 2010 in Iowa City, Iowa. Speaking of those who were skeptical and cynical of his health reform President Obama said, “They’ll have to finally acknowledge this isn’t a government takeover of our health care system. They’ll see that if Americans like their doctor, they’ll be keeping their doctor. You like your plan? You’ll be keeping your plan. No one is taking that away from you.” If you’re curious, none of this is out of context and full texts for these speeches are available at the White House website.

Without beating a dead horse, this is thoroughly inaccurate or, as the Democrats would say about a Republican president, he lied. There is no caveat stated in any of these remarks related to grandfather provisions or referring to existing medical plans that must meet some set standard required by the new law. It says, very clearly, no one would lose their existing coverage.

In a live address July 25th, President Obama urged Americans to pressure congressional leaders to move toward a compromise. (AP Photo)

So how can anyone say he did not lie about it? Making excuses for lying politicians – on either side of the aisle – does not an honest man make. It’s no secret I’ve never really been a fan of this president, nor the last one either for that matter. But regardless of your loyalties, to deny that he misled the public is just feigning ignorance. He didn’t misspeak or stumble on his phrasing, and leaving out a vital piece of information is a lie by omission, so Dems need to stop trying to defend it.

The Affordable Care Act is a badly written piece of legislation that was pushed through to meet a political agenda rather than to benefit the population as a whole. Overall, I agree with the concept that we need some way to cover those people who cannot afford health care. But at the same time, those already paying their own way shouldn’t be punished by having their current policies systematically cancelled just to meet a set of arbitrary requirements established to force enrollment in the government’s new insurance monopoly.

Speaking of monopolies, wouldn’t it have made sense to have something in the law requiring premium caps and policy cost regulations? What about some kind of legislation that would control the pricing of health care services and keep the cost lower in the first place? One would think our government is more concerned with the expensive cost of a pack of bubble gum than the outrageous price of a critical medical test.

Lobbyists from the medical and insurance industries are extremely powerful, far more so than the average small business owner or individual health insurance consumer. Since most legislators are in the pocket of some major lobbying group, it would be financial suicide for them go against anything as massive as the insurance industry.

The only practical solution to this issue is to correct the problems within the content of the Affordable Care Act; not by presidential mandate, but through the legislative system. Congress needs to re-open the letter of the law and grab an eraser. Force the insurance companies and hospitals to lower costs and let people keep their insurance. Bad legislation only gets worse and wastes taxpayer dollars instead of more efficiently allocating that money to more productive purposes.

What was the “crucible event” that changed your life?

In Opinion, psychology, Religion, sociology, Uncategorized on October 30, 2013 at 9:15 am

DEER IN HEADLINES

By Gery L. Deer

GDEERDIH3Some people believe one is destined to become whatever is predetermined by their god, with all of life’s events planned in advance by some divine manifest destiny. For others, that destiny is in a constant state of change, altered by the ebb and flow of cause and effect, guided not by the hand of a supreme being but by our own choices.

Generally, however, there are some events in life that we can pinpoint as our time of transformation; a crucible, if you will. Within it, parts of us are burned away leaving a changed, newly-formed person, sometimes for the better, sometimes not.

Divorce, extended health problems, the loss of a home, personal income or a job, can all bring about emotions and primal reactions for which we are rarely well prepared. Perhaps the most powerful events that permanently change us are related to the death of someone close such as a family member, mentor or good friend.

For many the death of a loved one can be a crucible, forcing to the surface thoughts and emotions perhaps long buried, or never before experienced. How we deal with death is at least as important as how we deal with life, but we seldom take that concept to heart.

Even as a topic of conversation, death is to be avoided. Its unmistakable finality has so marked humanity that coping with the end of life has served as a catalyst for the formation of enduring religious beliefs, some of which comfort, others frighten.

What may be surprising is that a ‘crucible event’ does not necessarily have to be a negative or unhappy experience. The same kinds of life-changing occurrence can come from positive influences as well such as the birth of a child, a marriage or sudden financial windfall.

The events themselves, however, aren’t what change us; we do that on our own. Most people don’t realize they have the power, for the most part, to alter how they react to outside influence. Feelings are generated by thoughts, so if we control our thoughts, we can better manage our feelings and make more productive decisions during difficult times. That’s a tall order though when it feels like the world is collapsing around you.

I’ve had many challenges in life, from an early age, but the most influential times were during my mother’s long struggle with Alzheimer’s disease. The role reversal (the child becomes the parent), watching helplessly as the illness ravaged her mind and body, and helping to do everything from administer medication to hand-feeding her took a toll on me emotionally that I probably have yet to fully realize. But it did change me; in ways I can’t even imagine yet.

I look at the world a little differently now, having experienced for myself, largely for the first time, the fragility of life. But it was the experience of caring for my mom over the course of a couple of years that slowly burned away layers of my rigid exterior, making me “feel” more than I had previously been accustomed.

It’s really what we do with those feelings that make the difference in the long run. While an experience like I had with my mother could have left me bitter and resentful, I ended up taking to heart a more positive side and a greater appreciation for my family as a whole. Others aren’t so lucky.

Many people emerge from crucible events in a much darker place, filled with resentment or guilt or other emotions that eat away at their core, keeping them from seeing the good that came out of whatever had happened. And, there is always some good – sometimes it’s just very hard to see. Either way, we are changed, different, but it’s up to each of us to decide how those events ultimately affect our lives.

 

Watch independent columnist Gery L. Deer monthly on WDTN-TV2’s Living Dayton. More at http://www.gerydeer.com.

Author celebrates first anniversary of children’s book with reading November 2

In Books, Children and Family, Education, Entertainment, Literature, Local News, Print Media, sociology, Uncategorized on October 24, 2013 at 8:50 pm
Author Teasha Seitz, "Little Leah Lou and her Pink Tu"

Author Teasha Seitz, “Little Leah Lou and her Pink Tu”

XENIA, OH – Author Teasha Seitz is a Miami Valley native who has always enjoyed sharing and discovering stories with children. Her stories entertain, enlighten, and encourage young readers to explore their own world and discover who they are. Her first children’s book “Little Leah Lou and Her Pink Tu,” was released last year (ISBN 0985662506).

To help celebrate the book’s first anniversary, Blue Jacket Books in Xenia is hosting a reading and signing event beginning at 10:30 a.m. on Saturday, November 2. The author will read from her book and the store will have free printed activities for children to do as well.

Illustrated by Jean Ditslear, “Little Leah Lou and Her Pink Tu” tells the story of Little Leah Lou, who loved to wear her pink tutu. She wore it everywhere she went and pretended to be a princess. But when she wore it to the zoo she encountered a giraffe with the munchies and Little Leah Lou was left with just half a tutu. Her tutu was ruined! Could this mean she’s no longer a princess? Little Leah Lou was shocked, but not for long. Her solution to the tutu tragedy will not only surprise and amuse readers; it will win her the admiration of one of the zoo’s flashiest residents.

In addition to copies of “Leah Lou” at a dollar off the cover price, children’s tutus will also be available for purchase as a “package” with the books. Blue Jacket Books is located at 30 S. Detroit St. in Xenia, Ohio. For more information call the store at (937) 376-3522 or go online to http://www.teashaseitz.com.

Little-Leah-Lou-and-Her-Pink-Tu-Seitz

Western Ohio Writers present live Halloween reading at Books & Co., Oct 26.

In Books, Children and Family, Dayton Ohio News, Education, Entertainment, Literature, Local News, Media, sociology, Uncategorized on October 16, 2013 at 10:11 pm
WOWA editorial committee member Bill Bicknell reads from his work at Books & Co. during last year’s “Beatnik Café” event.   Photo by Debra Bays, GLD Enterprises

WOWA editorial committee member Bill Bicknell reads from his work at Books & Co. during last year’s “Beatnik Café” event. Photo by Debra Bays, GLD Enterprises

Beavercreek, OH – Beginning at 7 pm on Saturday, October 26, author members of the Western Ohio Writers Association (WOWA) will take the microphone at Books & Co. to present their popular, “Beatnik Café” event. Writers from all genres will regale visitors with tales of Halloween through short works of fiction and poetry. The event is free and open to the public.

The live reading pays homage to the hole-in-the-wall poetry clubs of the 1960’s, but with a more modern style. Reading aloud from original work, each writer will take the stage for 10 to 12 minutes, dazzling audiences with short stories, poetry or who knows what.

Greene County native, Gery L. Deer is the co-founder and executive director of the organization. A professional freelance journalist, editorial columnist and commercial writer, he started WOWA in October of 2008. “WOWA was intended to provide a regular resource for peer critique, educational programs and networking opportunities to local writers of all genres, both amateur and professional,” he says.

“Annual workshops are held all around the country, with two of the most well-known right here in the Miami Valley. But for most writers to thrive that type of support needs to come on a more regular basis,” Deer says. “Our group consists of professional writers and editors, college professors and everyone is ready and willing to offer help, a fresh eye and, sometimes more importantly, an honest opinion about the quality of the work – good or bad.”

Writers come from all around the region – southwest central Ohio, eastern Indiana and northern Kentucky – to attend monthly critique sessions, educational lectures and write-in events. Meetings are held on the first Thursday of the month at the Event Connections, 4140 Linden Ave. in Dayton, near the intersection of US 35 and Woodman Drive.

Flights of Fiction. Cover art by Michael Martin

Flights of Fiction. Cover art by Michael Martin

October 2013 marks the organization’s fifth anniversary and these talented scribes definitely have plenty to celebrate. In addition to the many individual members who have been published on their own, in May of this year eleven of them were featured in an anthology titled, “Flights of Fiction,” produced by GLD Enterprises Commercial Writing and published by Handcar Press (ISBN: 978-0-9885289-4-9). The book features stories set in and around the southwest Ohio region and is available in print and electronic formats from the WOWA website as well as Amazon and BN.com.

The Beatnik Café is a family-friendly, free, public presentation of WOWA and GLD Enterprises Commercial Writing. Books & Co. is located at 4453 Walnut St. at The Greene in Beavercreek. For more information, go online to www.westernohiowriters.org or call (937) 902-4857.

Follow the WOWA on Facebook and Twitter.

T-Willy’s Yogurt Emporium celebrates first anniversary with customer appreciation day

In Business, Children and Family, Dayton Ohio News, Economy, Entertainment, Food, Local News, Senior Lifestyle, sociology, Uncategorized on September 17, 2013 at 5:52 pm
T-Willy's owner Wendy Preiser

T-Willy’s owner Wendy Preiser – Click the photo to watch WDTN-TV2’s Living Dayton host Shaun Kraisman as he takes on the adventure of T-Willy’s!

CENTERVILLE / WASHINGTON TWP. – When Wendy Preiser opened T-Willy’s Yogurt Emporium last year she invited patrons to come and express their creative, adventurous side – and that they did. As her way of saying, “thanks,” Preiser will celebrate the store’s first anniversary with a customer appreciate day from 11:00 a.m. until 10:00 p.m., on Saturday, September 28. Visitors to the unique, frozen yogurt shop can enjoy spin art, win door prizes, get a temporary tattoo or even enter to win a year of free yogurt.

Located in Washington Square Shopping Center, T-Willy’s offers a rotating menu of specially blended frozen yogurt flavors including Lemon Pound Cake, Salted Caramel Pretzel, Peanut Butter, and Key Lime Pie. Of course chocolate and vanilla are available for those who want an old favorite. All of the yogurt and toppings are sold by the ounce, in cups.   Mixing and matching is highly encouraged. There are always options that have no sugar added and most are gluten free.

T-Willy’s Yogurt Emporium brought about a brand-new way of enjoying frozen soft-served yogurt. Inspiration can be found everywhere inside the store, from the adventurous mural on the wall to the huge, tree-trunk toppings table.

According to Preiser, T-Willy’s frozen soft serve offers one of the highest counts of live and active yogurt cultures. The average 4-ounce serving contains less than 0.5 grams of dairy butter fat. “Yogurt is such a great basis because it is healthy, tasty and fun,” Preiser says. “My philosophy on food is that we should pay more attention to what we put in our bodies and less about what we leave out.  If we eat consciously, the occasional treat can be good for us physically and especially emotionally.”

Just one example of the favorite flavor creations is this months’s Oompa-Octoberfest.  It starts with swirls of vanilla yogurt and a squirt of peanut butter topping dusted with fresh coconut.  Then they throw on a scoop of chocolate covered pretzels and a dollop of cherry pie filling.  “Our store is about trying something new,” Preiser says. “There will always be something to intrigue and inspire our customers.”

T-Willy’s Frozen Yogurt Emporium is located at 6085 Far Hills Ave., across from Siebenthalers  and shares a parking lot with  Dorothy Lane Market. For more information go online to www.twillysyogurt.com or call 937-567-7818.

Be considerate of those around you

In Food, Health, Opinion, psychology, Senior Lifestyle, sociology, Uncategorized on September 10, 2013 at 9:20 am

DIH LOGODid you ever see someone behaving a certain way at work or in the grocery store and it made you just want to walk up and say to them, “What is wrong with you?” I have; more times than I can remember. On the whole, people annoy me. Maybe it’s because as I get older, I have less patience for “stupid.” It could also be that people are becoming less thoughtful and far more self-centered than ever.

Here’s an example. One afternoon, I had stopped in at on of the big-box, discount megastores to get some orange juice and aspirin. As I stood patiently in the “20 Items or Less” lane, a middle-aged woman in a leopard-print blouse and hair curlers motored past me on one of those electric shopping cart scooters. She was steering the scooter with one hand and with the other she dragged another full sized cart behind her like a trailer.

STORELINEBoth carts were filled to capacity with loads of healthy foods like barrels of cheese balls, cases of beer and soda and, of course, spray cheese. Although there were other check-out lanes open for larger purchases, the woman obliviously whizzed by everyone in the line and parked her rig right in front of me. All of the adjacent lanes were equally full and what was going to be a 5 minute wait was now bordering on a half hour because either she couldn’t read or didn’t understand the meaning of the words, “express lane.”

For a few minutes, I just stood there; a bit stunned at the woman’s total ignorance that she’d completely jumped over at least four others in line ahead of her. I debated whether to say anything but kept quiet. After all, no matter how rude she had been, I would just end up being the mean guy who scolded an apparently disabled older woman on a scooter. It’s a no win. So, I bit my tongue, opened my aspirin bottle, downed two tablets with some of the juice, and waited.

We all have moments when we’re in a hurry, totally consumed by our own interests and feeling like whatever we’re doing should be just as urgent to those around us. But, short of a natural disaster, that’s almost never the case. In fact, most people have absolutely no concern for your interests because they, themselves, are too wrapped up in their own issues. That doesn’t excuse a complete lack of common courtesy, however.

Lately, I’ve noticed it more often in younger people, walking along, even in a store or down the street, with their noses buried in their cell phones, unconscious to the world around them. No one looks up anymore. No one smiles. No one says, “Hello.” People act as if they are traveling in a bubble, where it’s unnecessary or at least undesirable to interact with anyone else in the real world.

I’d like to be able to blame social media and technology for all of this, and it definitely has altered how we behave towards one another. But, ultimately, it’s our own fault. We choose how to act and interact. If all of your interpersonal relations come through Facebook or by text, you might want to consider taking a class or getting a hobby that requires you to intermingle with other people outside of cyberspace.

As for those like my scooter-riding line jumper, I doubt anything will alter their way of thinking. Society will always have its share of self-centered people who have little regard for common sense or good manners. How the rest of us react to their behavior is really what will make the difference.

Maybe if I had complained to the woman in some polite, diplomatic manner, I could have quietly helped her to another line. But, given that she didn’t seem to notice there were other people around her, it’s unlikely she would have responded to reason.

In the end, it was best to keep the peace and let each of my fellow shoppers decide on their own alternate course of action. But to those of you with no regard for others, keep in mind that I may not be so polite next time. Be nice to people. When all is said and done, all we have is each other.

 

We see the 1950s with rose-colored glasses

In Entertainment, Opinion, psychology, sociology, Uncategorized on August 20, 2013 at 6:31 pm

DIH LOGOI recently read a CBS News poll asking people to choose a decade back to which they’d like to time travel. Overwhelmingly, the leading answer was the 1950s. What I can’t wrap my head around is, why?

Some people see those times as simpler, easier to manage, with fewer concerns and more security. Gas was 23-cents per gallon and you could get a really nice home for $22,000. A good price when you consider the average annual salary – hold onto your hats – just over $4,100.

So, yes, things were cheaper but only when compared to today’s prices. Actually, I think we have a fairly tainted view of the 1950s, America’s so-called, “Golden Age.” The “Leave it to Beaver” family unit and less-complicated lifestyles of those days simply wouldn’t work in modern society, for a number of reasons.

First, we had all the same problems back then that we have today, but we perceived and dealt with them differently. The country probably wasn’t as politically fractured as it is today, only because we were all riding a bit of a patriotic “high” after the end of World War II.

Technology or the lack thereof made a difference to our perceptions in those days too. There was the radio, a morning newspaper, an evening newspaper, sometimes an “extra” mid-day edition, and an evening television newscast. We didn’t get all the bad news of the world every moment it was happening. If we were going to tell people how our vacation was going, we had to mail out post cards.

According to the 1955 United States Census, America’s population was 166 million and the average unemployment rate was 4.9 percent, or about 81 million people. Today it’s about 314 million with a 7.4 percent unemployment factor, around 23 million.

So, barring some kind of economic cataclysm, as the population doubled, the unemployment rate followed suit. From a ratio standpoint, there were actually more people out of work 60 years ago than there are now. That’s good news, right? Sort of, yes.

What makes this a steeper hill to climb today is, once again, technology related. Labor-intensive, blue collar jobs like those at GM, NCR and other big manufacturers just don’t exist anymore. Many have been eliminated or sent overseas to take advantage of cheaper labor costs.

Additionally, many people – myself included – believe Americans to be lazier than ever and a good number of us simply don’t want to work. People are especially hard to motivate when employee benefits and pensions are a thing of the past and there is no longer any sort of job security.

Speaking of security, remember the “duck and cover” drills of the 50s and 60s? How much of a pointless endeavor was that? “Here, little Johnny, get under this desk so the Russian atomic bomb won’t hurt you.” Really, I mean, how dumb were we?

I suppose at least it gave us all something to do in the face of the unthinkable. In reality, there was nothing secure about the 50s, especially considering we were always on the brink of war with Russia and it only got worse as 1960 approached.

Personally, I think we spend far too much time looking back and not nearly enough looking forward. The past is done and you can plan for the future to some degree, but, reasonably, all we have is the here and now. Focus on making your present more fruitful and your future will follow along.

 

Definitely not the Weiner the world awaited

In Media, National News, Opinion, Politics, sociology, Uncategorized, World News on July 31, 2013 at 5:47 pm

DIH LOGO

Whoever holds the position as Mayor of New York City carries a level of political power that may be second only to that of the White House. It’s a daunting task requiring political savvy, brains and, eh-hem, character. If Anthony Weiner is the “best” option for that job, we have a sad political landscape in America today.

Regardless of his political accomplishments, this man has made himself into little more than a late night punch line. Perfectly named for receiving a repeated black eye from pundits, Weiner’s online “sextcapades” seem to have no end in sight.

When asked if any more of this material would be uncovered the guy actually said, and this is a quote, “I don’t know.” You don’t know? How can you not know? In the immortal words of Bill Cosby, “Has your head been with you all day?”

weinerismWeiner has become a complete laughing stock and there is absolutely no way he can win an election now. Yet, puzzlingly enough, Bill Clinton was re-elected for a second presidential term following his real-life trysts. In Clinton’s case, there was little more evidence than an accusation from a disgruntled intern – and a stained dress.

In Weiner’s situation you have to wonder how much more his wife is going to take before she walks. Her name is Huma Mahmood Abedin, and she happens to be a high-ranking aide to Hillary Clinton so I’m not sure that’s the best example to follow when it comes to dealing with infidelity. She could ignore Hillary’s playbook though. I’m hearing Tammy Wynette singing, “Stand By Your Man,” when suddenly the record scratches off and Abedin storms off the stage.

Whatever happens, if the democrats re-elect this guy to, well, any office at all, they really are crazy. Either that or they’re incredibly short-sighted and intend to definitively prove that liberals care nothing about character in their candidates.

It’s important to note, however, that there is nothing new about this kind of behavior from powerful executives on either side of the aisle. Expecting otherwise is probably about as unrealistic as thinking a cat is suddenly going to enjoy a bath.

The real issue, with regard to integrity, is that these men (and a few women) flat deny anything ever happened; at least until evidence surfaces to make liars out of them. Subsequently, they’re forced to come clean with a tearful apology and a carefully written statement from the safety of a podium, often with the humiliated wife standing nearby appearing to be supportive.

But as long as the American public keeps giving politicians a pass on this kind of behavior it will continue. Voters seem outraged one minute and re-elect them in the next. It makes no sense.

No one is perfect, least of all those who have chosen a life in the public eye, but when you are charged with representing the best interests of a constituency, you should at least behave like an adult, not an adolescent. Grow up, already.

Beyond that, voters need to have more integrity themselves. It’s time to stop choosing the lesser of, “Who cares?” Our local representatives have much more of an effect on our day-to-day lives than those in Washington and should live up to a much higher standard for that very reason.

But in order for them to be held accountable and to let them know that irresponsible behavior does have an effect on job performance, it takes a message sent from the polling place. There are many more “Weiners” out there, and smartphones and social media will be the professional death of them.

All we can do here on Main Street is try to convince people of higher sense of integrity and civic duty to run for office and help improve things one step at a time. As you visit the fairs and festivals going on throughout the end of summer and into fall, talk to those campaigning there and ask them the hard questions. We deserve better from our representatives but it will only happen if we demand it.

Gery L. Deer is an independent columnist and business writer from Jamestown, Ohio. Deer In Headlines is syndicated by GLD Enterprises Commercial Writing. (c) 2013, GLD Enterprises / Gery L. Deer. All Rights Reserved.

Navigating the Ohio Bureaucracy of Motor Vehicles

In Business, Economy, Education, Local News, Opinion, sociology, State News, Uncategorized on July 24, 2013 at 9:14 am

Deer In Headlines

By Gery L. Deer

???????????????????????Before I launch into the meat of this week’s column, it is important to point out that the majority of people I’ve encountered at the Ohio Bureau of Motor Vehicles have been kind, courteous and helpful, and often apologizing profusely for the inconsistency of their employer’s policies. Most spend whatever time is necessary to help you sort out problems and do their best to make your visit more pleasant. But, as they say, one bad apple can spoil the whole barrel.

With the possible exception of going to the dentist or some invasive medical procedure, nothing is more agonizing than the thought of standing in line at the BMV. Trapped like cattle to slaughter in a snaking rope line, people wait anxiously; subdued by a system that takes in an unbelievable amount of money and possesses a level of control surpassed only by the Internal Revenue Service.

According to the Ohio BMV website, in 2012 the agency collected nearly $40 million from driver license reinstatement fees alone. At the same time, it processed more than 14 million vehicle registrations. No revenue figure was available on those services but at roughly $50 a shot, that number has to be dizzying. One would think with that much money coming in someone could spring for a customer service lesson.

Recently I went to the BMV to renew the registration for one of my father’s vehicles. Having repeated this procedure for several years in a row, I had all of the previously accepted documentation and waited patiently for over an hour. Once at the counter, I was told my power of attorney form, issued by the BMV authorizing me to make the transaction in my dad’s absence, was unacceptable.

“That one’s for the title office,” they spouted with fervent authority, like proud kings of their particular hill. The document in question has no markings specifying such information but instead contains wording that suggests it can be used for any and all BMV transactions as a legal POA. In addition, that same document had been accepted by that same branch for the previous two years for the same transaction, on the same vehicle.

When I attempted to explain these facts, I was quickly interrupted by one clerk who felt it necessary to demonstrate his dime store knowledge of the law as he described how a durable power of attorney should be configured. Really? Perhaps Mr. Matlock is in the wrong line of work.

As it turned out, the “acceptable” document is not even a POA and requires no notarization. With no official confirmation of the proper owner’s signature, I could simply have gone out into the hallway, signed my father’s name and brought it back in. Good to know that the BMV is on top of helping keep your identity secure. (Yes, that was sarcasm.)

Since I teach people how to handle business situations and deal with customers in a more fruitful manner, even when the customer is wrong (which seems an inevitable constant at the BMV) I offer this advice to clerks in similar situations. Since the document I possessed was a legal power of attorney for the vehicle in question, accept it as such.

Instead of showing me how powerful and rigid you are, ask that I fill out the new form in your presence and sign for the vehicle owner based on the permission granted by the notarized POA. Then say something like, “We can do this now, but here’s the new form you need for next time.” That’s all it would have taken to solve the problem.

To those of you about to make the painful trek to the BMV, knowledge is power so do your homework! The Ohio BMV website – www.bmv.ohio.gov – contains all the documents and information you need to be better prepared. Being a little pro-active can make your day easier when dealing with an unknowledgeable, control-freak teller, and demonstrates your understanding for those clerks who are doing their best to help you navigate an imperfect system.

Media distorts facts in high profile cases

In Education, Health, history, National News, Opinion, Politics, Senior Lifestyle, sociology, Uncategorized on July 16, 2013 at 9:40 am

DIH LOGOUnless you’re one of those people who can outwit the trivia nerds on Jeopardy!, you probably don’t remember the name, Stella Liebeck. It’s a sure bet, though, that you more than likely remember hearing of a woman awarded millions after spilling hot McDonald’s coffee on herself while driving – except that’s not exactly what happened.

In 1992, 79-year-old Liebeck sued McDonald’s Corporation after being severely burned by coffee spilled in her lap. Her case drew national attention to the idea of “frivolous lawsuits,” igniting a firestorm of conservative push for swift and devastating tort reform.

For those of you who slept through high school civics class, a tort is a wrongful act or infringement of rights leading to a legal liability. In other words, if someone hurts you in some way and they may be liable for the injury (physical, emotional, financial, or otherwise), that’s called a tort.

Torts exist to help protect the public from the negligence of others, whether the fault of an individual or a business. Without them, no one would ever be held legally accountable for causing accidents and injuries. Like other well-meaning legislation, sometimes greedy people abuse the system – or attempt to – just out to make an easy buck. The majority of, what might be considered “frivolous,” lawsuits die out in the first hearings or are settled out of court to avoid public scrutiny.

With rampant distortion of the facts in the Liebeck case, it’s easy to understand why people really didn’t know what happened and just assumed she was looking for a big payday from a huge corporation. Sadly, the particulars were lost in the hype, turning this poor woman into a media joke, even inspiring a groin-scalding episode of “Seinfeld.”

At the time, the media’s fractured reporting stated Liebeck was herself negligent because she was driving at the time of the spill when, in fact, she was a passenger in a stationary vehicle at the time. It really would have made little difference anyway, since the coffee in question was estimated to have been around 180 degrees Fahrenheit. Medical experts suggest that any skin in contact with liquid of that temperature for more than a few seconds would experience severe burns of, at minimum, second degree and potentially surpassing third.

As it turned out, evidence in the case showed that the fast food giant’s franchisees were required to maintain coffee at a sitting temperature between 180 and 190 degrees Fahrenheit. The searing heat of the fast food giant’s coffee had resulted in hundreds of documented injuries. Liebeck’s burns were located on her inner and back thigh and were so severe as to require a series of major skin grafts over several months and caused agonizing pain.

HERE IS A LINK TO PHOTOS OF MRS. LIEBECK’s INJURIES – PLEASE NOTE, THEY ARE GRAPHIC IN NATURE. PARENTAL DISCRETION IS ADVISED.

Initially, the Liebeck’s family wrote a letter to McDonald’s merely asking they cover medical bills for her treatment but with no response, they were forced to take legal action. In the end, the jury found McDonald’s liable for the severity of the injuries due to temperature policy and frequency of documented injuries.

Punitive damages (additional monetary punishment to the wrong-doer) were awarded by the jury in the amount of $2.7 million. That figure was later reduced by the judge to $480,000, but Liebeck eventually settled with McDonald’s for an undisclosed amount.

Sensational news stories like the Liebeck case should always be taken a dose of skepticism because. The court of public opinion can be devastating to a case like this, and like so many more recent ones. No media outlet is fair or balanced and no one reports all the facts because reporters are not privy to everything. Guilt or innocence should be based on the decision of the jury, not the news media.

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