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Constitutional Conservatives Welcome Back Legislature

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

On Tuesday, March 3, The Alabama Constitutional Conservatives held an informational meeting in the “Star Wars” room on the 8th floor of the Alabama Capital Building.

Leeds political organizer Deanna Frankowski said, “Government and politicians have gotten away from the Constitution as it is written.” Frankowski said that they are a new group that is trying to engage other people in the Constitution, especially young people. = It is hard to talk to people that don’t understand and certain words turn off young people.  The term “tea party” has negative connotations to many, which is why we don’t use that language.

Frankowski said that a term limit bill has been filed that would limit members of the legislature to just three terms.  Frankowski said, “It is a start.”

Former State Senator Scott Beason (R from Gardendale) addressed the group. Beason is now the senior policy analyst for the Free Market Alliance.

Sen. Beason said that when he travels to speak to different conservative center right groups that numbers are down. “People are losing hope.”  Apathy is at an all-time high. We campaign for people we elect people, and then we are disappointed.  We are in that situation now with the Governor (Bentley) on taxes, on homosexual marriage. Being less active is a mistake.  “The progressive and liberal side never stop.  They work day and night.  A great example is homosexual marriage.”

They are constantly in the courts, they are constantly writing letters and op-eds.

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Beason said that we have a Republic not a Democracy, but warned that we are moving toward a oligarchy where a few make all the decisions. Benjamin Franklin said that the founders gave us a Republic if you can keep it. Most people think it is a Democracy. The word democracy does not appear in the Constitution. It has become increasingly difficult for a practicing Christian to hold a job in government and cited the example of the recent firing of the fire chief in Atlanta.  We are going to live under somebody’s set of rules. Even the most corrupt society that has ever been had rules. Personally I think we should live under the rules passed down to us from our forefather based on the principles in the Bible.

We are seeing the federal court system decide they are an oligarchy. What our libertarian friends call liberty is actually licentious. Where does liberty end and licentious start? Homosexual marriage is on the licentious side. It contradicts natural law and especially divine law, but libertarians don’t want to even hear about that.

Sen. Beason said, “Who are Supreme Court Justices?  Before they become judges they were well connected political lawyers. Somewhere along the way they have decided they are demigods…What they say constitutional means is not what you or I think it is.  Lawyers today think that constitutional is what the last judge ruled – precedent. We need to get back to what this (the Constitution) says.”

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Beason said that Justice Ginsburg says the country is now ready for gay marriage. I don’t believe that is how you run the rule book.  Do the people of the states have the right to say no?

Beason said, “I would like to see some sort of an American spring…We (the people of Alabama) have a right to chart our own path…We have been moving in this direction for over 200 years. The Federalists started us down this path. Alexander Hamilton wanted a king appointed for life but knew he could not get it.”

Nebraska got slammed down yesterday. Even California voted to ban gay marriage and their own judges ruled it down.

“We have to decide as a people what is worth taking a stand and what is not?”  Are we going to be a people that do exactly what we are told or are we going to stand on the 9th and 10th amendments and say no?

Sen. Beason said that “Eventually there comes a time where the state has to say you are wrong.” Texas was building a coal fired power plant that would have created 3,000 to 6,000 jobs and the EPA said no you can not. 

I am not for following Barack Obama’s fundamental transformation of this country. Two of those Supreme Court justices presided over gay marriages and they will not recuse themselves.  Beason predicted that the Supremes will rule against traditional marriage.

Stephen Siao spoke about the Heritage Foundation’s Sentinel program.

Mr. Siao said, “How many of you think that Washington is broken. I am here to convince you that it is not.”  Washington works as a finely tuned machine for those who have money.  It is working fine for lobbyists.  For them the bigger the government the more complicated it is the more big corporations have to hire them to navigate DC.

Siao said that Heritage action alerts is how conservatives can influence policy in Washington. We don’t give money, we don’t do campaigns we don’t give money. They don’t fear us, it is their constituents they fear.  We really need y’all to join us. We are empowering activists with the right information and the right tactics.

Siao said that Heritage is pursuing a full repeal of Obamacare in the House and the Senate.  The Tea Party is not dead. GOP Candidates who won in 2014 ran on a strong pro-life platform. Congress members would rather have their picture taken with Rand Paul or Ted Cruz than campaign on how much pork they brought back to the district. They are saying the right things now we need to hold their feet to the fire.

Go to Heritageactionscorecard.com to see how your Congress members are doing. In Alabama, Mo Brooks and Jeff Sessions are doing great.  The rest of them need some encouragement.

Terry Richmond is one of the legislative captains for the Convention Of States Project in Alabama.

Richmond said that the American Revolution was fought by about 20 percent of the population. Richmond said, we have two Constitutions one we know and one interpreted by the Supreme Court.

Many conservatives believe that the federal government is too large, is out of control, and has exceeded the mandate that it received from the authors of the U.S. Constitution.  Conservatives are however divided on exactly how to do that.

The Convention of States Project looks to the US Constitution and are proposing that states call an Article V convention to rein in the excesses of the federal government.

Delegates to the convention would be tasked with limiting the power, jurisdiction, and scope of the federal government; consider term limits; and to impose fiscal accountability on the federal government.

The COS effort is supported by former Alaska Governor Sara Palin, conservative talk radio hosts Rush Limbaugh, Glen Beck and Mark Levin, as well as many other conservative leaders.

Critics believe that there is a danger of a runaway convention doing major damage to the Constitution.

Proponents say the first level of protection is the commissions of the delegates. If they go outside their commissions the state legislatures could recall or replace their delegates.  The second protection is the convention itself. While some delegates might propose a new constitution it would have to actually pass the convention.  The states’ delegations would necessarily limit any radical departure from the commissions of the delegates.  Finally whatever amendments are proposed at the convention would still have to be ratified by the states.

It takes 34 states to call a national conventions (2/3); but it takes 38 to actually ratify any amendments (3/4). All it takes to block ratification would be one house in 13 states. Each state can send as many delegates as they want; but each delegation gets just one vote at the convention.

Alaska, Georgia, and Florida have already passed COS resolutions and expressed confidence that they would be able to get 34 by the end of 2015. 

Alabama almost became the first state to pass COS in the 2014 legislative session. It passed the Alabama House of Representatives and was on the calendar to come up in the Alabama Senate but timed out on the last day of the session.

Terry Richmond is working full time during the legislative session to lobby for COS in Alabama.

Frankowski said that the next event for the group will be the Birmingham Brew Party at the Avondale Brewing Company on April 15 at 5:30 pm. “Come out and have fun.”

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Alabama lawmakers advance bill banning transgender athletes in K-12 sports

Jessa Reid Bolling

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A House committee voted Wednesday to advance a bill that would ban transgender teenagers from playing on the sports teams of the gender they identify with. 

House Bill 35, titled the Gender Is Real Legislative Act, or GIRL Act, would require student-athletes in K-12 schools to participate as the gender listed on their birth certificate, preventing transgender athletes from competing as the gender they identify as.

Sponsored by Rep. Chris Pringle, R-Mobile, the bill passed the House State Government Committee on an 8-4 vote. The bill will now go to the full House. 

The bill, according to Pringle, is aimed at preserving the accomplishments of women and to prevent women from having to compete against athletes who were born male.

“Gender is real. There are biological differences between boys and girls that influence athletic performance,” Pringle said in a statement. “The GIRL Bill seeks to support female student-athletes, so that they may compete against each other and not have to compete against male students with an unfair advantage.”

Opponents say that HB35 was born out of prejudice against transgender youth rather than seeking to protect women in athletics. 

Carmarion D. Anderson, Alabama state director of the Human Rights Campaign (HRC), an LGBTQ+ rights organization, called the bill a “political advertisement” with no supporting evidence

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Anderson said she believes this bill will do harm to young transgender youth by segregating them from competing in sports events, further contributing to the ostracization trans youth feel in society.

“We’re concerned about a student’s mental health when they cannot participate in the sports that are comfortable for them, and the level of dysphoria they already face when they are transitioning,” said Anderson. 

Anderson also said that while it is unfortunate that this bill passed the committee, HRC will be at the forefront to try to see the bill defeated. 

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The bill now heads to the full House.

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Legislation may harm pets locked in hot cars, not help, vets and advocates say

Eddie Burkhalter

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A bill passed by the Alabama Senate last week lawmakers say will help keep pets trapped in hot cars safe, might actually endanger the animals, according to some animal advocates and veterinarians.

That bill was written by a dog breeder who some worry purposefully wrote the bill to make it harder to keep animals safe, and to instead protect breeders from having animals confiscated, they told APR this week. 

Mindy Gilbert, The Human Society’s Alabama state director, told APR by phone on Tuesday that she’s certain that the senate bill’s sponsor, Alabama Sen. Jimmy Holley, R-Elba, “does have good intentions, but I think the devils in the details.” 

Several attempts this week to reach Rep. Holley were unsuccessful. 

The bill would grant criminal immunity to a civilian who rescues an animal from a vehicle, and would provide civil and criminal immunity to first responders who do so. The legislation also makes it a misdemeanor crime if a pet dies in a hot car. 

Gilbert said that while those might also sound like great ideas, the bill would actually reduce criminal penalties for allowing a pet to die in a hot car. 

“Our current cruelty statute, which has been used in cases like this, would define that as a class C felony,” Gilbert said. 

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A Trussville woman in 2018 was charged with felony aggravated cruelty to animals for leaving her dog in a locked car while shopping in Walmart. The dog died after police broke out a window and removed the distressed animal. 

The bill also states that the ambient temperature of the interior of a vehicle must be 99 degrees or hotter to be charged under the legislation. 

Gilbert said she’s spoken with numerous veterinarians who all said that 99 degrees is too hot to be safe for pets trapped in cars. 

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Gilbert said that for many breeds of pets, and pets with compromised health, “that requirement in order to rescue them will absolutely sentence them to death,” and there are other aspects of the bill that trouble her. 

“I think everybody was very focused on providing immunity to first responders, which I think is fabulous,” Gilbert said of the legislation, but worried that it doesn’t include animal control personnel in its definition of public safety officials and covered by the bill’s immunity clause. 

Holley’s legislation defines public safety officials as “An individual employed by a law enforcement agency, fire department, or 911 emergency service.” 

Dr. Mark Colicchio, a veterinarian in Spanish Fort, reached out to Sen. Holley and all of the members of the state Senate Judiciary Committee about his concerns with the bill prior to its passage in the senate. Holley put Colicchio in touch with the man he said wrote the bill, Norman Horton.

Colicchio said he spoke to Horton, owner of the Dale County german shepherd breeding company Triple S Shepherds, at length about his concerns, but that none were addressed in the final legislation. 

“There are a lot of temperature references in there which make no sense whatsoever,” Colicchio said. 

Colicchio said he spoke with Horton about the bill’s language that required the ambient temperature of the interior of a vehicle to be 99 degrees or higher before a person could be charged. He said he told Horton that there’s no practical way for a public safety official to measure the ambient temperature inside a locked vehicle from outside, to which he said Horton suggested they call carry digital temperature readers. 

Such devices measure surface temperatures, and wouldn’t  be able to read the temperature inside a locked car, Colicchio said. 

After speaking with veterinarians at Auburn University’s College of Veterinary Medicine Cholicchio said they looked at data that suggested that if the outside temperature of a vehicle, which can be more easily measured, was 78 degrees an animal trapped inside with no ventilation could be in jeopardy. 

Colicchio said he suspects the legislation was purposely written to protect owners from having their animals taken from them in the event they’re left in hot cars. 

“He doesn’t want breeders to risk having their valuable dogs stolen out of the car because somebody thinks they’re at risk,” Colicchio said. “…When you structure a law to benefit yourself, and animals suffer for it, that just gets to me.” 

Horton, speaking by phone Wednesday,  told APR that he wrote the bill to protect animals and to establish the proper way to rescue an animal in distress. 

“This is America, and this is Alabama, and if someone’s gonna be guilty of a crime or charged for a crime then they need to have committed that crime” Horton said. 

Horton said “we don’t need vigilante justice” so he wrote the bill to make clear how best to enter a vehicle if an animal is in need of help. 

Asked how he decided that 99 degrees inside a vehicle was the temperature at which a pet was in danger, Horton said “I got the figure after talking to several veterinarians.” 

Asked which veterinarians he spoke to get that figure, Horton said “that’s immaterial” and declined to name them. 

Horton likened the matter to speed laws, and said while some speed limits are set at 70 MPH, some people, such as police officers, can drive safely at speeds up to 113mph. 

Asked why the bill doesn’t include animal control officers in the immunity protections, Horton said that “it does.” 

Horton pointed to the bill’s language that defines public safety officials as “An individual employed by a law enforcement agency” and said “go to Tuscaloosa. Go to any of the cities around, and animal control officers are employed by the police department. They’re sworn officers.” 

Some animal control officers who work in municipal law enforcement agencies are sworn officers, Gilbert said, but many are not, and in the counties, where animal control is operated as stand-alone agencies, animal control officers are not sworn officers and wouldn’t be immune from prosecution under the legislation. 

Asked why his bill didn’t include all animal control officers, whether they were sworn officers working in law enforcement agencies or not, Horton suggested that it was to ensure owners could be charged with crimes 

“Do we want to charge for the crime when they do something like this or just let them go?” Horton said. 

Horton declined to answer a question about the bill’s language that limits the charge of killing an animal in a hot vehicle to a misdemeanor and soon after ended the interview. 

“It’s not to help the animals,” Colicchio said of the legislation. “That’s the wolf in sheep’s clothing.” 

It was unclear Wednesday if Holley’s bill had a sponsor in the state House. There were no similar bills filed Wednesday, according to the state Legislature’s website.

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Legislature

Senate Committee approves medical marijuana bill

Brandon Moseley

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Wednesday, the Senate Judiciary Committee gave a favorable report to a bill that would allow Alabama residents to obtain medical marijuana on an 8 to 1 vote. Senate Bill 167 was sponsored by State Senator Tim Melson (R-Florence).

SB167 would create a tightly regulated network of state-licensed marijuana growers, dispensaries, transporters, and processors. Patients would have to get a recommendation for the drug from their physician. Only physicians who have received the approved training would be able to dispense the cannabis-derived treatments. There would be no smokable products allowed and consumer possession of marijuana in its raw natural form would remain illegal in the state.

Sen. Melson is a retired anesthesiologist who now works in medical research.

“I would not have carried this bill three or four years ago,” Melson said. But there is a growing body of medical evidence that there are medical benefits.

Melson said that while this bill does have provisions for growing and processing marijuana in states there is also, “An option for it to come from outside.”

Melson said that under this bill we will know what is being grown, being processed, and reaches the consumer. The medical association will recommend the training and the education component for the physician. Patients will be issued a medical cannabis card. “The card will not be good in other states.”

Melson said that Alabama dispensaries will not accept out of state medical cannabis cards except one time a year they can get a one-time emergency order. The number of dispensaries will be limited to 34 total. Patients will be allowed to get just a 70-day supply. There is no smoking and no vaping. People in rural areas will have to go far to get one of the dispensaries. There is a, “Balancing act between convenience and safety. There are fifteen qualifying conditions.”

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Rick Hagans is a minister with Harvest Evangelism, which runs Christian rehabs for both men and women drug addicts.

“The gateway that led to methamphetamines and opioids began with marijuana,” Hagans said. “We have found in forty years of work that it is a gateway drug.”

Hagans dismissed the medical benefits claims, “Medical profession said the same thing with opioids. I ask that you proceed with caution and concern. I get tired of burying your sons and daughters,”

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“Thank you for giving us Leni’s Law, but it is not enough,” Christie Kaine said. “I am the Mother of a child with intractable epilepsy. We know from our research that there are other cannaboids that can help with Hardy’s condition, but they can not be used in Alabama due to the level of THC. If Hardy did not live in Alabama he could be seizure-free.

Caleb Crosby with the Alabama Policy Institute said, “It is a real issue and something has to be done about it. Our concern is unintended consequences.”

Crosby said that Republicans, “Run on small government, but this does the opposite.”

“We still have a litany of laws carried over from Prohibition one hundred years ago,” Crosby said. “You will not be able to get rid of all of these regulations and taxes.”

Cynthia Atkinson’s husband was longtime WSFA meteorologist Dan Atkinson, who was also on the Weather Channel.

“Dan had Parkinson’s for ten years,” Atkinson said. “The last five years he suffered from tremendous pain.” He had excellent doctors at the Mayo Clinic and Kirklin Clinic. They did their best.” Dan was prescribed Oxycodone, hydrocodone, lorazepam, and as he got progressively worse morphine. We learned that Israel has been studying cannabis since the 1950s. In 2015 we went to Colorado.” He used patches with 10 mg of CBD and 10 mg of THC. The leg cramps went away. We wanted to bring it back but couldn’t because of the law.

“The opioids and synthetic drugs were racking his body,” Mrs. Atkinson said. Dan passed away in 2017. I can’t help but think that if we lived in another state he could have lived to see his son graduate from Auburn and join the Space Force.

Captain Clay Hammac commands the Shelby County Drug Task Force

“Just because we do not put medical in front of marijuana does not make it medicine,” Capt. Hammac said. Under Alabama law, we already have Leni’s law and Carly’s law and there are cannabis-based medications that have been approved by the FDA.

Hammac warned that this was an “Incremental step toward the decriminalization of a multi-$billion industry. This bill should be before the Health Committee instead of the Judiciary Committee.”

“Law enforcement was never invited to the table to share our experience,” Hammac said of the Alabama Medical Cannabis Study Commission.

“A Harvard medical researcher was brought to the commission and virtually laughed out of the room,” Hammac said. “I stand with our Attorney General.”

Hammac blast the “casual way” that this has been handled.

“The reason this is before the Judiciary Committee instead of the Health Committee is that this is the most deliberative thorough committee in state government today,” Judiciary Committee Chairman Cam Ward (R-Alabaster) said. “That nature of the people on this Committee is why this is here.”

“The State has no authority to usurp federal law,” Hammac said.

“I want to make sure that everybody understands where I come from,” Dustin Chandler said. “My daughter Carly obtained CBD oil through Carly’s Law. My daughter was able to get relief through the CBD oil. Studies show that medical cannabis has medical benefits for many people.”

Lori Herring said, “I have been a nurse for 30 years.”

Herring said that the American Academy on Pediatrics opposes the legalization of cannabis. The American Medical Association does not endorse medical cannabis. The Multiple Sclerosis Society can not recommend cannabis as a treatment.

“The side effects, system effects, and long term side effects are not clear,” Herring said. “It has not been shown to be medically effective and could be dangerous. “It has only been approved for two severe forms of epilepsy. We don’t know what a pediatric dose, an adult dose, or a geriatric dose would be.”

Herring warned that marijuana can cause nausea and vomiting unrelieved by current nausea medication and has resulted in death. Legalization has led to increased emergency room visits, paranoia, schizophrenia, and psychotic breaks.

“The marijuana today is more addictive than marijuana in the past,” Herring said. “Legislators should not be taking the place of scientists.”

Dr. Alan Shackelford of Colorado said, “I have seen 25,000 patients in my practice in the last ten years. I doubt you will find anybody who has as much experience with patients than I do.”

Shackelford said that Marylin was a helicopters pilot in Iraq who was shot down and had severe injuries and PTSD did not have a job rarely left her house and now has a job at the VA helping other veterans and is married

Shackleford said that Mason is age 68 and has Parkinson’s. He could not move now he plays baseball and is a deacon in his church. He also said that he treated Charlotte, a girl with Dravet Syndrome with tremendous effect and now she is a healthy twelve-year-old.

“Not all of them are as dramatic as these,” Dr. Shackelford said. Arthritis, autism, PTSD, cancer, pain, Parkinson’s, chemotherapy-related nausea can all be treated with cannabis.

“The people of Alabama deserve the same access to treatment as people in 33 other states,” Dr. Shackelford concluded.

“A number of amendments have been worked out in the last couple of weeks,” Ward said.

The amendments were added and Ward advised Melson to incorporate all the amendments into a substitute to introduce when the bill is on the Senate floor.

The most notable amendment dealt with workmen’s compensation. An employee who is injured or killed on the job is ineligible to receive compensation if his death or injury was due to the employee’s impairment under medical cannabis.

SB167 received a favorable report on an eight to one vote.

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Opinion | Alabama close to allowing hot dogs to be rescued

Joey Kennedy

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Most readers know that we’ve had a grumble of pugs for years. We lost four in the grumble last year. All of our dogs are rescues, and most of them have some disability: unable to walk well, blindness, incontinence, a perpetually crooked head.

And most of the pugs are elderly, so we expect to lose a few this year. Our youngest is Nellie Bly, at about 2 years old. We have a group of older pugs that are around 10-11 years old. Several came from puppy mills. One was surrendered to a vet tech when his owners took him to be put down because the owner’s granddaughter wanted a different dog (I know!). The veterinarian naturally was not going to euthanize a healthy animal, and about a week later, Peerey came to us.

Pugs are bred to do one thing: Sit with their humans, mostly on their laps or next to them on the bed. All of ours are bed pugs.They snore; we adore.

I say all of this to underscore that Veronica and I know not everto leave one of our dogs in a locked car, especially during the summer. But every year, we hear stories of the careless owners who leave their dog (or dogs) in the backseat of a vehicle while they run an errand. The errand takes longer than the owner thought, and heat builds in the car. Too often, that kills the pet, just like it does children, and that happens all too often as well.

As of 2019, 31 states had laws that either prohibit leaving an animal confined in a vehicle under dangerous conditions or provide civil immunity (protection from being sued) for a person who rescues a distressed animal from a vehicle.

Alabama – finally – is on the cusp of joining that group.

A bill (SB 67) sponsored by Sen. Jimmy Holley (R-Elba) will allow good Samaritans to rescue pets left in a car if they are clearly in danger from either the heat or cold. The bill provides criminal immunity to civilians and grants civil and criminal immunity to law enforcement officers who rescue an animal.

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Important, too, is that bill prevents owners from leaving their animals in a vehicle in a manner that creates an unreasonable risk of harm. If they do, they can be charged with second-degree animal abuse.

It doesn’t take long for the situation in a vehicle to deteriorate, either. 

Even on a mild day, the heat inside a car can go off the rails. According to reports, if the outside temperature is 70 degrees (f), the interior of a vehicle can heat up to 89 degrees in 10 minutes. After a half-hour, the interior temp can be 104 degrees. Of course, it’s much worse on hotter days.

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At 80 degrees, a vehicles inside temperature is at 99 degrees; after a half-hour, the animal is trying to survive in a 114-degree oven. And at 95 degrees, not an unusual June, July, or August temperature in Alabama, the inside temp of a vehicle is about 130 degrees.

Humans can’t even survive long at those temperatures.

There are conditions before a good Samaritan can step up, but they’re not unusual in states that already have similar laws: Among them:

The person has a good faith belief that the confined domestic animal is in imminent danger of suffering physical injury or death unless the domestic animal is removed from the motor vehicle;
The person determines that the motor vehicle is locked or there is no reasonable manner in which the person can remove the domestic animal from the vehicle;
Before entering the motor vehicle, the person notifies a peace officer, emergency medical service provider or first responder or an animal control enforcement agency or deputy of the confined domestic animal;
The person does not use more force than is necessary under the circumstances to enter the motor vehicle and remove the domestic animal from the vehicle.
Remains with the animal in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive.
Maintains control of the animal at all times to prevent harm to the animal or others.

There are other conditions that make less sense, however. The bill as passed 33-0 by the state Senate requires the ambient temperature in the vehicle be 99 degrees or higher before a citizen or first-responder can intervene.

I can tell you that a half-hour in a car at 95 degrees will kill a pug; a Lab or Golden might survive that temperature for awhile, but remember, every minute the car’s interior is getting hotter. Pugs are brachycephalic – short nosed – and have trouble breathing outside at 80 or 85 degrees.

Other short-nosed breeds like English Bulldogs, French Bulldogs, and Boston Terriers, have the same issue. It’s one reason why they snort and snore, even in the winter.

Generally, we can tell when a dog locked in a car is distressed, and few good Samaritans are going to be carrying a temperature gauge with them.

Still, the House needs to pass this bill as soon as possible. Spring and summer aren’t that far off, and, no doubt, there will be animals to rescue.

Joey Kennedy, a Pulitzer Prize winner, writes a column every week for Alabama Political Reporter. Email: [email protected]

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