7 years ago

ABSURD: Federal bureaucrats shut down Alabama business

Empty Trucks

Brad Gaddy owns a trucking company in the little town of Double Springs, Alabama that hauls wood chips, lumber, logs, and other freight for a number of customers in Alabama, Mississippi, and Tennessee.  In fact, with 17 trucks and 30 employees, Gaddy Logistics, Inc. is one of the larger employers in Double Springs, accounting for 4-5% of the total jobs in this small town. Imagine Gaddy’s surprise one Monday morning two weeks ago when he learned that the Federal Government had effectively closed his business.

Gaddy had received an early-morning call from a customer in Tennessee who “asked how I intended to deliver his freight.  I didn’t have a clue what he was talking about,” Gaddy recalled.  “I said ‘Just like always – hook-up to the trailer and have it there this afternoon.’” The customer then told Gaddy he had received notice that all Gaddy Logistics trucks had been placed “Out-of Service” (may not operate) by the Federal Motor Carrier Safety Administration (FMCSA).

A quick visit to the FMCSA website confirmed what Gaddy’s customer had told him.

Understandably confused, Gaddy called the FMCSA office in Atlanta. Officials there told Gaddy that he had ignored a letter from them requiring him to file a “Plan of Corrective Action” to address two roadside truck inspections, each of which had found one defective tire.  Both vehicles had been placed temporarily out-of-service until the tires were replaced.  Because the company was cited two times within a 90-day period, the federal agency required a written plan of “improved maintenance practices” if he was continue to operate.

The problem was, Gaddy never received that letter and the deadline for filing the report had come and gone.  FMCSA officials from Atlanta later faxed a copy of the letter, which had apparently been sent to the physical address of the business, rather than the post office box.  When Gaddy objected that he had not received the notice, he was told “that’s not our problem” by FMCSA officials.

Gaddy then contacted the Alabama Loggers Council at the Alabama Forestry Association and asked for assistance.  AFA contacted Congressman Robert Aderholt and Senator Jeff Sessions on his behalf.  Staffers at both offices were shocked to learn that a federal agency could, even temporarily, shut down a private company with no more notice than a first class letter.

Congressman Aderholt’s office helped Gaddy submit his “Plan of Corrective Action,” which was approved the following day.  However, FMCSA informed Gaddy that his trucks would remain out-of-service for the full 30-day period because, “that’s our policy.”

Chris Isaacson, Executive Vice-President, Alabama Forestry Association
Chris Isaacson, Executive Vice-President, Alabama Forestry Association

Congressman Aderholt’s office continued to appeal the case with both the Atlanta and the Washington D.C. offices of FMCSA, arguing that such important correspondence should be sent by Certified or Registered mail at a minimum.  The case was ultimately appealed to the FMCSA Office of the Secretary (Anne S. Farrow), and later to the Secretary of the U.S. Department of Transportation (Anthony Foxx).  Both refused to overturn the ruling and reinstate the company, in spite of the approved plan and the admission that the letter “might not have been received.”

Ironically, Gaddy received a Certified Letter on October 30, 2013 stating that his “Plan of Corrective Action” had been approved.  FMCSA obviously has the “cart before the horse” in sending a certified letter to acknowledge approval of a corrective action, but using regular mail to tell a company that if they do not take the corrective action they would be closed down!

Gaddy’s case is now effectively dead.  His insurance carrier has cancelled his policy due to the ruling, and he further faces two more weeks of trying to keep his business afloat and his employees paid with no way to produce income.  It seems unconscionable that a group of un-elected federal bureaucrats would operate with such careless disregard for a legitimate company, 30 employees and the small town economy they help support, even to the point of ignoring the counsel of the elected representatives who oversee their agency.

Federal agencies should ensure that businesses they regulate operate safely, for the good of the company and the public. But no agency operating under a banner of “that’s our policy” should shut down a legitimate business that has complied with a requested action, without ensuring that proper notice was sent AND RECEIVED about a potential shutdown order.

Looked at another way, is this still a country where “we the people” are served by a government funded with our taxes, to help us run businesses and employ people?

This case makes me doubt that proposition.


Chris Isaacson is the Executive Vice-President of the Alabama Forestry Association, which represents members of Alabama’s forest products industry.

11 hours ago

Tuberville supports #WeWantToPlay movement — ‘Let them play’

Count former Auburn University head football coach Tommy Tuberville as a supporter of the player-led #WeWantToPlay movement to save the 2020 college football season.

Prominent elected officials from across the country, including President Donald Trump, and major leaders in the college football world, including University of Alabama head coach Nick Saban, on Monday voiced their support for the movement.

In a video message posted to social media, Tuberville added his voice to the mix.

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The current Alabama Republican senatorial nominee said, “You know, college football is the lifeblood of the South, and allowing teams to play this season will bring a much-needed sense of calm to these strange times.”

Tuberville then echoed a key sentiment that Saban outlined earlier in the day.

“With proper medical supervision, college players are likely safer on the field than they are if they’re sent home. And most programs are implementing stricter guidelines than the CDC recommends,” Tuberville added. “If a player wants to opt out, that’s fine. But don’t take this opportunity away from thousands of young men who have worked their entire lives for this moment.”

“I support the players who want to take the field this season, and I hope you will join me. Let them play,” he concluded.

WATCH:

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

13 hours ago

Sierra Club endorses Joe Biden, calls him ‘champion for climate justice’

Emphasizing its agenda of “climate justice,” the California-based environmental group Sierra Club announced its endorsement of presumptive Democratic presidential nominee Joe Biden on Monday.

In a release touting its intent to elect what it termed “climate champions up and down the ticket,” Sierra Club’s executive director Michael Brune outlined the desire of his group to defeat President Donald Trump.

“We are confident that Joe Biden will be the champion for climate justice that America needs in the White House,” Brune stated. “As Americans head to the polls in November, our country will be facing crises on multiple fronts, including a climate emergency that disproportionately harms communities of color. This may be the most consequential election of our lives, and it is critical that we replace Donald Trump with a leader who understands the scale and urgency of the climate crisis and is ready to take bold action to solve it.”

Sierra Club has maintained an active presence in Alabama this year.

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In May, Secretary of State John Merrill declared Sierra Club an organization “threatening the economic livelihood of Alabama’s own businesses” through what he called a “shortsighted political agenda.”

Merrill cited lawsuits initiated by Sierra Club to restrict Alabama energy production as part of his contention that the group’s effort in the state would kill jobs.

“The Sierra Club, which is based out of San Francisco, California, does not represent Alabama thinking or values,” Merrill wrote. “It is troubling to see out-of-state activist groups working to influence our state’s power supply and its workers.”

In March, Sierra Club was among the environmentalist groups which descended upon the Alabama Public Service Commission to oppose natural gas usage for power generation.

Sierra Club endorsed Democrat Hillary Clinton during the 2016 presidential election.

Tim Howe is an owner of Yellowhammer Multimedia

13 hours ago

Madison County Commission says it will not break the law to remove a Confederate monument

Alabama is obviously not immune from the racial strife gripping the United States. In recent months, we have seen statues come down, a state representative attended a birthday party for Nathan Bedford Forrest, small riots and acts of vandalism.

Like most Americans, Alabamians have generally accepted that the Confederate memorials all over the state on courthouse squares and in public parks are going to come down. Some are headed to cemeteries, some are headed to storage, and the fate of many is still unknown.

In Madison County, the Huntsville City Council and the Madison County Commission have both voted to move its controversial Confederate statue, and a new resting place at Maple Hill Cemetery has been selected. However, the monument still remains.

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That monument was vandalized last week, and Madison County Commission Chairman Dale Strong did not want to use taxpayer resources to clean it up, so it stands defaced and ugly near the steps of the Madison County Courthouse.

Strong appeared on WVNN’s “The Dale Jackson Show” on Monday and made it clear he wasn’t going to clean it up or force county employees to do so, but he hinted that if someone wanted to clean it up in the dead-of-night, like when it was vandalized, they should have at it.

In the interview, Strong voiced frustration with recent reporting that indicated he and the Madison County Commission have not reached out to Attorney General Steve Marshall’s office seeking a way to remove the statue and pay a $25,000 fine.

The commission views this as a non-starter. Strong believes attempting to “negotiate” breaking the law is a violation of his oath of office. Instead, he “filed an application of waiver with the committee based on a law that was written in 2017,” he advised.

Strong is worried about precedent, saying, “[T]here’s a lot of hesitation in contacting the attorney general. What happens if the next time someone that somebody desires to remove the name Jefferson Street, Washington Street or they don’t like the name on a building? What do we do? Just go in here and let somebody set a fee, pay the fee, and say hey just remove whatever you want to?”

My takeaway:

This is what should be done. The Alabama Memorial Preservation Act is the law of the land and it has been upheld.

Obviously, Chairman Strong is right. The law needs to be followed, and if it is unwieldy, change the law. If you don’t, we will be seeing attempts to move historic markers, veterans memorials and the like that are followed by the presentation of a cartoonish $25,000 check.

Society cannot just ignore the laws we dislike and pay a fine and move on. The precedent is bad, and the Madison County Commission and its chairman want no part of it.

Listen:


Dale Jackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 AM weekdays on WVNN.

13 hours ago

ICE announces arrests of two illegal aliens in Alabama, including for attempted murder

U.S. Immigration and Customs Enforcement (ICE) on Monday announced two recent Alabama arrests by its Homeland Security Investigations (HSI) division.

According to a release, HSI made the pair of arrests in the Yellowhammer State on July 22.

Agents of the HSI Birmingham office reportedly arrested Christian Martinez, 32, a Salvadoran national and U.S. fugitive, on two state charges of attempted murder, as well as a charge of shooting into an occupied dwelling and another for being an alien in unlawful possession of a firearm.

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HSI Birmingham worked with the United States Marshals Service on Martinez’s arrest on a fugitive warrant at a work site in Mountain Brook. ICE is also pursuing federal charges for unlawful firearm possession. Martinez was booked into the Jefferson County jail and given a $150,000 bond. This is an ongoing, HSI-led investigation, according to the release.

Additionally, HSI Huntsville arrested Iris Ferreira-Cardoso, 49, a Brazilian national, for alleged violations of federal immigration law.

Agents from HSI Huntsville and ICE’s Enforcement and Removal Operations were part of a federal-local law enforcement collaboration that reportedly arrested Ferreira-Cardoso at a residence in Owens Cross Roads in Madison County. He will remain in ICE custody pending removal proceedings.

ICE advised that both Martinez and Ferreira-Cardoso are aliens who were in the United States illegally.

Martinez is alleged to have illegally entered the country without being inspected or paroled by an immigration officer on an unknown date and at an unknown location.

Ferreira-Cardoso was previously removed from the United States in 2005. He is believed to have returned after that time, allegedly illegally entering without being inspected or paroled by an immigration officer on an unknown date and at an unknown location.

“People in these communities can rest easier knowing that these two violent criminals are not roaming the streets in search of their next victims,” commented Acting HSI Special Agent in Charge Robert Hammer, who oversees HSI operations in Georgia and Alabama.

“The United States should not be viewed as a safe haven for violent criminals fleeing justice in their own countries,” he concluded.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

14 hours ago

Saban: ‘Players are a lot safer with us than they are running around at home’

University of Alabama head football coach Nick Saban on Monday afternoon weighed in on the player-led #WeWantToPlay movement to save the 2020 college football season.

In an interview with ESPN, Saban commented on the movement that is in part led by Crimson Tide star running back Najee Harris.

The movement, less than a day old, has quickly gained steam, garnering public reactions already by President Donald Trump, other prominent elected officials across the nation and many in and around college football.

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Speaking to ESPN, Saban pushed back on the notion that student-athletes will inherently be safer if the season is not played.

“I want to play, but I want to play for the players’ sake, the value they can create for themselves,” Saban said.

“I know I’ll be criticized no matter what I say, that I don’t care about player safety,” he outlined. “Look, players are a lot safer with us than they are running around at home. We have around a 2% positive ratio on our team since the Fourth of the July. It’s a lot higher than that in society. We act like these guys can’t get this unless they play football. They can get it anywhere, whether they’re in a bar or just hanging out.”

The legendary coach noted that the SEC has already pushed back the start of its season to September 26 to allow the fall semester to resume before final decisions are made on football.

“It’s going to be a challenge when the other students get on campus, and I get that,” Saban remarked. “But we really don’t know what that entails until it happens. It’s a big reason we pushed the season back, to assess that, which is the prudent way to do it.”

Bama senior All-American offensive tackle Alex Leatherwood also spoke with ESPN, strongly stating his position. He underscored that players need to have a voice as conferences and schools make decisions.

“There’s a lot of noise and bad stuff out there about playing football with the virus going on, but I haven’t really seen anything about what the players want,” Leatherwood told ESPN. “We’ve been grinding all summer, and you don’t want it to be all for nothing.

“The story that needs to be written is that we want to play,” he added. “We take risks every single day, especially in this sport, and life shouldn’t stop. If there is a chance for long-term effects if you get it and people don’t feel comfortable, then don’t play. Everybody is entitled to their right. But we want to play, and we’re going to play.”

Harris, speaking to ESPN, praised Saban’s leadership.

“Coach Saban listens to his players and wants to hear from us first,” the running back advised. “He told us that none of this is about him, but it’s about us. He wants to hear our concerns, and we made it clear that we want to play and feel like Alabama is doing everything they can to make sure we can play safely.”

Lt. Governor Will Ainsworth backed Saban on the matter in a tweet.

“I’m with Coach Saban on this one. The player are much safer on campus and at practice than back home. For the players sake, let them play,” he commented.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn