"Paws" and Think Before You Leave Buddy In the Car

As I am constantly pulling objects out of my puppy’s mouth, it’s a safe bet to say that I think about dogs a lot lately.  And sadly, I’ve seen quite a few reports of people leaving animals (including K-9 officers) in their cars, causing the animal’s death from the being trapped in a suffocatingly hot car.  We all know that leaving your child in a hot car brings criminal charges quickly, and steep ones at that (as it should).  Laws are in place to govern when the unthinkable happens to children as a result of being left behind, and lawmakers in Michigan are trying to better protect animals too.

 

Proposed Michigan Senate Bill No. 930(2)(H), introduced May 3, 2016, provides that “An owner, possessor, or person having the charge or custody of an animal shall not….leave or confine an animal in an unattended motor vehicle under conditions that endanger the health or well-being of the animal, including, but not limited to, heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of the animal.”

 

Under the proposed legislation, if a person violates the law, he or she would be guilty of a misdemeanor, which carries a 45 day imprisonment term or a fine of not more than $350.00, or both; the second offense is a misdemeanor punishable by 90 days in the slammer or a fine up to $500.00, or both.  If the animal suffers “serious physical harm,” the violator is guilty of a misdemeanor, imprisonment of up to one year, a fine up to $1,000.00, or both.  Last, if the animal dies as a result, the proposed law would make that crime a felony, punishable by up to five years in prison, a fine up to $5,000.00, or both.

 

If this bill makes its way to the Governor’s desk, it will provide prosecutors with stronger consequences for those violating the law than what are presently in place.  It will call out this specific behavior as a crime, hopefully giving pet owners pause (or “paws”) when they take Buddy or Muffin out for a Sunday ride and decide to stop at the local hardware store on the way.

A "Pawsitively" Great New Law

For all the negative things that Michigan Governor Rick Snyder has been in the news for lately, I found a pleasant surprise in my newsfeed the other day.  He recently signed into law additional protection for pets that are at risk of abuse and/or neglect.

On May 19, 2016, House Bill 4478 expanded the personal protection order (PPO) laws to include “animal[s] in which the petitioner has an ownership interest.”  The recognition that animals are often used as a means to threaten or injure the abused partner in a domestic violence relationship is a huge step in encouraging the abused partner to end the relationship.

Many abuse victims stay in the unhealthy partnership due to threats and fear that their children will be taken away.  However, people also remain in the relationship due to the same threats and fears, but as it relates to their beloved pets. Often times it is difficult for the person to escape with her pet because shelters and family members won’t or can’t accommodate the dog or cat.  Similar to how children are used as weapons against one parent in court actions and domestic violence relationships, so are pets.

The abuser tells the victim that if she leaves, she can’t take the dog, or the cat will be killed if she walks out the door.  Not willing to risk harm to the pet, the victim complies and stays in the relationship.

With the new law taking immediate effect, courts now have the authority to add pets to a PPO, prohibiting someone from doing any of the below acts, “with the intent to cause the petitioner mental distress or to exert control over the petitioner with respect to an animal in which the petitioner has an ownership interest”:  “[i]njuring, killing, torturing, neglecting, or threatening to injure, kill, torture, or neglect the animal….[r]emoving the animal from the petitioner’s possession….[r]etaining or obtaining possession of the animal.”

Michigan is the 30^th state to afford this protection to pets.  According to the ASPCA, the overwhelming majority of women at domestic violence shelters – 71% - have experienced their abusive partner threatening or actually injuring (including killing) a pet.

However, while this law is a great step in encouraging victims to leave an abusive relationship, the reality is that many shelters still will not accept pets.  Hopefully by affording pets greater protection under the law, shelters will be able to obtain funding or set up a foster program to care for the animals of abuse victims until safe, permanent housing can be acquired.

Going Green for PTSD

On April 20^th of each year, people celebrate the king of all things green – marijuana.  And on that day last month, Colorado’s Department of Health and Environment agreed to provide funding for a groundbreaking marijuana study. 

The DEA (Drug Enforcement Administration) has signed off on allowing veterans, 76 in total, to legally use “raw” marijuana in an effort to see if it aids them in treating Post Traumatic Stress Disorder (PTSD).  The drug will be provided courtesy of the Federal government as well – unbeknownst to me, the Feds own a marijuana farm at the University of Mississippi.  Variations of strains and potencies will be tested on those participating.

Getting the DEA onboard provides a real opportunity for marijuana to become a prescription drug, and the study is the first step at beginning this process.  Most drugs have to undergo a rigorous research and testing process before they hit the market, and this will help marijuana meet that criteria too.  The funding is sourced from medical marijuana application fees, which frankly, makes total sense.

Marijuana has been legalized in various states for medical purposes to treat a variety of health problems, including cancer, pain and seizures.  Many individuals who suffer from PTSD claim that marijuana has helped them deal with the ailments that accompany PTSD.

According to the US Department of Veterans Affairs’ website, 7-8% of the American population will suffer from PTSD during their lifetime.  From the veteran population, an estimated 30% of Vietnam vets have experienced PTSD; 12% of Gulf War vets, and 11-20% of those that served in Operation Iraqi Freedom and Operation Enduring Freedom.

Enrollment will likely take place over a two year period, and the results will hopefully be known by 2019.  The study will take place out of Arizona and Maryland.

For those suffering from PTSD, and in particular military veterans, this study could be life (not just mind) altering.  The approval itself has already impacted the legal community, and it will only continue to do so if it is proved effective and safe for treatment.

Tent vs jail cell - your call

I just renewed my license tabs, and noticed that if my plate was 10 years or older, it had to be replaced to ensure that it was legible.  MCL 257.225(2) states that a registration plate shall be “in a place and position that is clearly visible…maintained free from foreign materials that obscure or partially obscure registration information and in a clearly legible condition.” 

The Michigan Supreme Court recently ruled on a case that we Michiganders should pay heed to with the summer camping season coming up – before you hook up your camper to the back of your truck this summer, be certain that the trailer hitch doesn’t obscure the full view of the license plate.  If it does, or if any other object obstructs the visibility of your plate, the police can pull you over for this offense alone.  And if you’re like Charles Dunbar, it might lead to worse consequences.

Back in 2012, Mr. Dunbar was cruising around Muskegon County in his Ford Ranger, which had a towing ball attached to the bumper.  The police were also cruising around, and decided to run his license plate, for no other particular reason than that’s what police do.  Because the towing ball was in the way, they punched in the wrong plate number, which made it look like Dunbar was driving the wrong car.  We all know what happened next – Dunbar was pulled over.

Unfortunately for him, the cops noticed the undeniable odor of marijuana coming from his vehicle, and you can probably guess what happened next – the search led to more exciting finds – cocaine and a gun!

Naturally, Dunbar wanted this evidence suppressed, arguing that the cops had no legal basis to pull him over in the first place.  The trial court disagreed, noting that Dunbar had violated the statute since his plate was obstructed by the towing ball.  The Michigan Court of Appeals sided with Dunbar, however, and reversed the lower court’s decision.

On March 29, 2016, the Michigan Supreme Court unanimously ruled that the trial court was indeed correct, and Dunbar was once again out of luck.  This wasn’t exactly his first offense either, having been charged as a fourth time habitual offender.

Make sure to add checking your license plate to your camping to do list - we can all agree that living in a tent is better than a jail cell.

Weed and work just don't mix

It’s Sunday morning and you are looking forward to a day off of work.  You wake up and your back is just killing you – must be that disc problem doctors say that they simply can’t fix.  Good thing is, you have something that can help, and even better, you have a prescription for it:  medical marijuana.  

Now that you’re done hiding those “green brownies” from the kids, you relax and start to feel the pain ease up.  Monday rolls around, and the boss randomly selects you for the drug testing program.  Not a problem, because you have a prescription for the weed in your system, a license to use an otherwise illegal drug, so you comply without a second thought.  And then, in the words of Donald Trump, “you’re fired.”

A similar ending played out for Colorado resident Brandon Coats in 2010, who got the ax from Dish Network after failing its drug test for having marijuana in his system.  Medical marijuana is legal in Colorado and has been for 15 years.  Colorado also provides an added bonus:  you can legally smoke marijuana recreationally, but your boss can be a buzz kill and prohibit its use by employees.  Despite both sides agreeing that Coats’ use of the drug did not occur at work or impact his job, he was still fired.  

The Colorado Supreme Court recently ruled in Dish Network’s favor, noting that while the law protects employees from wrongful discharge if they are engaged in lawful activities, it only protects activities that are legal at all levels – state and federal.  While the US Supreme Court has made some big decisions lately, none of them legalized pot.  Thanks to this little technicality, Coats was not improperly terminated by Dish.

Medical marijuana is permitted in many states, Michigan included, and this case could have substantial impact across the country in making legal decisions about employees that use pot.  I’m on the fence about whether or not Coats should have been fired – on one hand, everyone agreed that his use of marijuana did not cause a problem at work, and he had a valid prescription for it.  On the other hand, ignorance of the law is not an excuse to violate it, even if it does seem like a tricky detail few in the work force knew about.  

Lesson to be learned:  Don’t assume that your boss’ encouragement of participation in the company potluck means he approves of the brownies that you keep bringing.

SMILE!

When you are involved in the family law court system, chances are you don’t feel like smiling.  And if there weren’t already enough lawyer appointments and court hearings, the judge may order you to attend a program called SMILE.  You can voluntarily participate too (not a lot of people see this as an option, but hopefully this article will change your mind).

SMILE stands for Start Making It Livable for Everyone, and is offered in counties throughout Michigan.  In case you are one of those people who is afraid of the dentist, have no fear, the SMILE program has nothing to do with cavities and Novocain.

The program varies from county to county, but its purpose and message remain the same:  help parents going through separation, divorce, or those were never in a relationship, put the needs of their children first and improve their co-parenting relationship.  SMILE shows parents how their children are impacted by the behaviors of the adults, and how this behavior shapes their little beings both physically and emotionally.

SMILE lasts approximately one to two hours and is typically offered once a month.  Friend of the Court staff, therapists and counselors active in the court system, as well as family law mediators, are some of the potential speakers at each session.  Videos examining the impact of separation may be shown, but the personal and professional experience of the speakers are what make this program truly worthwhile.  These individuals have been working with the court system, parents and children of separate households for years and have likely ran across every situation imaginable.

Many individuals tell me that there is no need for them to attend SMILE because they don’t call their ex bad names and don’t fight in front of the children.  While the program certainly encourages a peaceful relationship between parents, it also provides parents with an idea of how the kids may react to the life changes that occur with the breakup of the intact family.  Every child’s reaction is unique, but there are definite behavioral changes, stressors and worries that children experience.  Learning what those are and how to tackle them as a parent can help your child (and you) better adjust.

Parents are encouraged to ask questions and actively participate during the program, with many of the speakers providing their contact information for future assistance.  Some counties provide a SMILE booklet that contains a summary of the program’s important points, as well as helpful resources like books and contact information for various organizations.  If your county does not provide a book, both Oakland and Washtenaw Friend of the Court websites have a link to their books, so you can download a copy.  While the resource/contact list is likely area-specific, the rest of the content will largely be the same.

If your judge orders or invites you to attend the SMILE program, don’t look at it as yet another inconvenience of the court system.  View it as an opportunity to better your co-parenting relationship for the sake of the kids.

Buffet Bust

My family and I went to Arizona in January to escape the somewhat cold winter we’ve been having, and to visit relatives.  We were lucky for two reasons:  one, it was really, really cold in Michigan the week we were gone, and really, really warm in Arizona; and two, we didn’t risk our freedom by attending any potlucks while there. 

I know, the last sentence deserves an explanation.  Unless you’re having your potluck at work, Arizona actually has a law forbidding it.  I’ve been to potlucks at work, potlucks at someone’s home, potlucks in a park, church potlucks, heck, I’ve even been to a potluck wedding (that one admittedly did hit me by surprise).  Based on my last sentence, you could write a Dr. Suess© book about them.

Arizona had the best of intentions when passing a law regulating “served food,” trying to ensure that everything was up to par with respect to safety and health inspections.  Potlucks at work were excluded from scrutiny, but nowhere else.  While a lot of these delicious “bring a dish to pass” gatherings occur at work, I can think of a myriad of other locales where they regularly take place. 

At first blush, you really wouldn’t think that anyone would even know that a) this law existed; or b) would care to call someone out on it.  However, one well-informed resident of a mobile home park in Apache Junction chose to rat out the neighbors and called the police (clearly he or she was simply not invited and decided to exact revenge).  Deputies actually came out and ended the festivities.  I am uncertain as to whether or not the organizer(s) were fined or arrested, as they legally can be under the law.

As one would expect, people were confused and pretty upset that the “food” police crashed the party.  Arizona legislators are presently working on a fix to modify the law and expand legal potluck locations.  I’m sure in due time, it will all be remedied, but what I really want to know is if the police confiscated the “evidence” from the buffet bust.