6 years ago

Indisputable proof Alabamians have the power to demand the government they deserve

Alabama State Flag (Photo: Raymond M.)
Alabama State Flag (Photo: Raymond M.)

Like many of you, I often grow frustrated with our local, state and national elected leaders, and even occasionally feel powerless as I watch political events unfold.

But this past week provided me and many others around Alabama with indisputable evidence that our voices combined truly can make a difference.

Consider this timeline…

Sunday, July 19, 2015

On Sunday evening, I got an email from an Alabamian named Jayson informing me that he had something he thought “might be worth [taking] time to investigate.” Jayson explained how the Alabama Department of Transportation (ALDOT) had decided it had “the authority to regulate lawful carry at rest stops” around the state. In short, Jayson believed ALDOT had turned Alabama’s state-owned rest areas into “gun free zones.”

I was not aware of this rule and found it to be concerning for a couple of reasons.

First of all, I was concerned for travelers’ safety. Terrorist and criminal attacks have repeatedly occurred in places where law-abiding citizens were forbidden from carrying guns to defend themselves — theaters, schools, and even military installations. Rather than being a deterrent, gun free zones have become magnets for cowardly attackers seeking out soft targets, enabling them to wreak the most havoc with the least amount of resistance.

Secondly, I believed ALDOT was drastically overstepping its authority. Alabama law gives “the Legislature complete control over regulation and policy pertaining to firearms, ammunition, and firearm accessories in order to ensure that such regulation and policy is applied uniformly throughout this state to each person subject to the state’s jurisdiction and to ensure protection of the right to keep and bear arms recognized by the Constitutions of the State of Alabama and the United States.”

In other words, the Legislature is the only entity empowered to make gun laws in Alabama, while executive branch agencies like ALDOT are strictly prohibited from doing so.

With those concerns in mind, I forwarded Jayson’s email to Yellowhammer Senior Editor Elizabeth BeShears so she and one of Yellowhammer’s writers, Jordan LaPorta, could do some research.

Monday, July 20, 2015

After doing some digging, Jordan found that ALDOT had indeed placed “no weapons beyond this point” signs at rest areas around the state some time last year.

Yellowhammer published an article titled, “Alabama Department of Transportation bans firearms at rest stops. Is it legal?” In the article, Jordan laid out ALDOT’s legal justification for issuing the rule, alongside the aforementioned section of Alabama Code that says only the Legislature can make laws pertaining to firearms.

ALDOT did not return numerous requests for comment.

Tuesday, July 21, 2015

I opened the Yellowhammer Radio program Tuesday by explaining the situation, then simply offered our listeners an opportunity to call the Alabama Department of Transportation to politely share their opinions with the staff. Many of them took the time to do exactly that, then call in to the radio to share the feedback they received.

By all accounts, the ALDOT staffers who fielded the wave of calls were very professional and courteous. One of the callers said they were told the complaints had been heard, but that ALDOT was waiting on the Alabama attorney general’s office to review whether ALDOT had the authority to implement the gun ban.

Wednesday, July 22, 2015

A spokesperson from the attorney general’s office confirmed to Yellowhammer they were reviewing the matter after receiving complaints from the public, but ALDOT was still not being very responsive.

“We don’t want this to be a distraction for us,” a spokesperson for ALDOT finally told Yellowhammer. “You can probably imagine we have a lot of issues we deal with day in and day out.”

Jordan LaPorta wrote a followup story titled “ALDOT: Complaints over Alabama rest area ‘gun free zones’ are a ‘distraction,’ AG reviewing.

Thursday, July 23, 2015

I opened the Yellowhammer Radio show with an update on the story and offered the opportunity for our listeners to give the attorney general’s office a call to politely voice their concerns. Our listeners, again, got engaged.

Friday, July 24, 2015

I received an email from a senior staffer in the Bentley Administration letting me know the Governor had personally reviewed the ALDOT rule and decided to take action.

“I have ordered the Alabama Department of Transportation to remove signs banning weapons at all Alabama rest stops to comply with state law,” the Governor tweeted Friday afternoon, and Yellowhammer closed the week with a story by Elizabeth BeShears titled “Bentley abolishes ‘gun free zones’ at rest areas, orders signs removed.

Conclusion

In less than a week, a longstanding rule endangering the lives of travelers around Alabama went from being relatively unknown to abolished, and it all started with one man’s email. It was then made possible by a group of citizens willing to take a few minutes out of their busy schedules to petition their government to make a change.

That’s how it’s supposed to work, and why I continue to believe that, as Winston Churchill once said, “democracy is the worst form of government, except for all those other forms that have been tried from time to time.”


5 hours ago

Alabama basketball completes the sweep against Auburn

Fresh off of winning the SEC regular season championship for the first time in 19 years, the Alabama Crimson Tide on Tuesday completed a sweep of Auburn for the first time in six years after defeating the Tigers at home 70-58.

Jayden Shackelford led the way for Alabama in Tuscaloosa, as the talented sophomore guard went 5-9 from behind the arc to finish with 23 total points in the win over Auburn.

Sophomore Jahvon Quinerly scored 11 points off of the bench and provided sparks for Alabama in crucial moments of the game.

While Alabama led by as much as 16 points in the first half, Auburn was able to cut the lead to five in the second. However, Alabama’s defense began to stiffen up, and seniors Herbert Jones and John Petty stalled the Tiger’s offense out before they could get too hot.

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For the Tide, the three-ball has become a major part of their offense. Second-year head coach Nate Oats always tells his players to get at least one touch in the paint first before shooting. This green-light mentality is becoming more and more popular throughout college hoops.

Bama has done really well with this philosophy by becoming one of the most dominant teams from downtown in the conference. Tuesday’s game showed that even when the three doesn’t come through for the Tide, they have other ways of scoring.

Alabama drove the basketball extremely well in the second half against Auburn and proved to be the more physical team in their win on Tuesday night. When tournament time begins, they may have to lean on this more physical style of play in certain games.

The Tide have one more regular season game against Georgia in Athens on Saturday. Bama will look to finish the regular season on a win before the SEC Tournament in Nashville gets underway.

The Tide are currently projected to be a two seed in the upcoming NCAA Tournament.

Hayden Crigler is a contributing college football and college basketball writer for Yellowhammer News. You can contact him through email: hayden@yellowhammernews.com or on Twitter: @hayden_crigler.

5 hours ago

Alabama House recap: Bills to increase executive branch oversight, update sex ed language pass chamber

MONTGOMERY – The Alabama House of Representatives met Tuesday and passed six pieces of legislation, including bills that would increase oversight of executive branch agencies and update language in the state’s policy on sex education.

After convening shortly after 1:00 p.m. the chamber spent much of the next five hours in extended debate on two bills, with members of the Democratic Party engaging in protracted discussions of legislation they began their remarks saying they would ultimately vote for.

Seeing the most debate were HB 392 from Rep. Mike Jones (R-Andalusia) and HB 103 from Rep. Jamie Kiel (R-Russellville).

Jones’ bill creates a joint legislative committee to oversee large financial agreements made by the executive branch, and Kiel’s would prevent the state government from picking which businesses close during states of emergency.

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More information on Kiel’s bill is available here.

The legislation from Jones, chair of the powerful Rules Committee, would create the Joint Legislative Oversight Committee on Obligation Transparency. The committee would have the authority to approve or disapprove of contracts, leases and agreements by the executive branch and the agencies therein.

Under the proposed law the committee would meet to review any financial agreement greater than $10 million or 5% of the agency’s annual appropriation from the State General Fund.

Making up the committee would be the chair, vice-chair and ranking minority members of the committees in each legislative chamber that oversee taxation.

The proposed oversight committee would be able to meet when the legislature is in or out of session. It would have to issue approval or disapproval within 45 days of a state agency submitting a proposed contract.

If the proposed committee disapproved of a contract it would be delayed from going into effect until the end of the current or next occurring general session of the legislature.

Jones noted in remarks on the floor that this delay would give lawmakers time to address via legislation the proposal disapproved of by the committee, and added that new legislation would be required to put a halt to any state contract of which the proposed committee disapproved.

HB 392 ultimately received unanimous support in the House, with a final vote of 98-0.

Also passing the House on Tuesday was HB 385 sponsored by Rep. Laura Hall (D-Huntsville). The bill updates language in the legal code that governs how Alabama educators must teach sex ed.

It also deletes from the Code of Alabama language that requires those teaching sex ed to emphasize that “homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state.”

Rep. Terri Collins (R-Decatur) and Rep. Charlotte Meadows (R-Montgomery), two staunch conservatives with backgrounds in education policy, spoke in favor of the legislation on the House floor and voted for its passage. The bill passed the House on a vote of 69-30.

Three other pieces of lower profile legislation passed the chamber on Tuesday:

HB 255 from Rep. Randall Shedd (R-Cullman) that would add a tenth member to the advisory board of directors of the Department of Senior Services, and let ex officio members name a designee to serve in their place.

HB 330 from Rep. Alan Baker (R-Brewton) that would change the outdated language in the state legal code concerning video depositions in criminal prosecutions.

HB 136 from Rep. Chip Brown (R-Hollinger’s Island) that would designate the aquarium at Dauphin Island Sea Lab as the Official Aquarium of Alabama.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95.

9 hours ago

Alabama House passes bill that would block the government from picking and choosing which establishments close during states of emergency

MONTGOMERY – The Alabama House of Representatives passed a bill on Tuesday that would prevent the state government from designating which types of businesses were allowed to stay open in situations such as the one experienced during the advent of the coronavirus pandemic in the spring of 2020.

Sponsored by Rep. Jamie Kiel (R-Russellville), HB103 would not infringe on the governor or state health officer’s ability to implement public health guidance. It would only say that any business or house of worship that followed public health guidelines would be allowed to open.

“I think if it is safe enough to go to the liquor store and wear a mask and socially distance, then it is safe enough to go to church and wear a mask and socially distance,” argued Kiehl on the House floor.

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The vote on the floor was 75 in favor and 22 opposed with three members abstaining.

The bill applies to declared states of emergency that involve a “pandemic, epidemic, bioterrorism event, or the appearance of a novel or previously controlled or eradicated infectious disease or biological toxin,” per the text of the legislation.

In explaining what inspired him to author the legislation, Kieh said of last spring, “I saw businesses in my town that were suffering,” adding that some small business owners he knew were “scared to death they were going to lose their livelihoods.”

Governor Ivey’s “Stay At Home” order, in place for most of April 2020, allowed major retailers like Walmart to remain open while smaller retail stores that did not sell groceries were forced to close.

Kiehl feels that this arrangement was unfair, and that small shops and establishments deserved the chance to stay open if able to implement the health guidelines. Ivey has expressed regret in recent months about creating the distinction between “essential” and “non-essential” businesses.

“[W]hat we were really doing is were we driving all the customers that would have been in all these other stores — in the small mom-and-pops, the Hibbetts of the world — we were driving all those to one central location to buy clothing. That cannot be good for the spread of the pandemic — to bring everybody together in one location or a few locations,” Kiel told FM Talk 106.5’s “The Jeff Poor Show.”

The National Federation of Independent Businesses (NFIB) is strongly supporting the passage of the legislation.

Kiel’s bill now heads to the Senate for further consideration.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95.

9 hours ago

Alabama Senate passes Vulnerable Child Compassion and Protection Act

MONTGOMERY — On a party line vote, the Alabama Senate on Tuesday passed SB 10, the Vulnerable Child Compassion and Protection Act.

Sponsored by Sen. Shay Shelnutt (R-Trussville), the bill would ban the performance of medical procedures and the prescription of puberty-blocking medications and sex-change hormones used as transgender therapies for minors, with certain exceptions.

The vote was 23-4, with the only four Democrats present all dissenting: Sens. Billy Beasley (D-Clayton), Vivian Figures (D-Mobile), Bobby Singleton (D-Greensboro) and Rodger Smitherman (D-Birmingham).

Shelnutt, since first introducing a version of the legislation last year, has said his goal in bringing the bill was to simply protect children from making harmful longterm decisions that they may later regret once more mature.

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“The primary concern here is the health and well-being of Alabama’s children,” stated Shelnutt. “We must protect vulnerable minors who do not have the mental capacity to make life-altering decisions of this caliber. The efficacy and effects of these particular surgeries and methods of treatment are not well-sustained by medical evidence, and actions of this severity cannot be undone.”

“I believe it is our responsibility as lawmakers to do all we can to keep our children out of harm’s way,” he added. “Protecting minors from these powerful drugs and consequential procedures will help ensure they do not feel responsible to make a decision they may wish to later undo, ultimately causing more harm.”

The House Judiciary Committee last week approved as amended the lower chamber’s companion version of the bill, which is sponsored by Rep. Wes Allen (R-Troy). HB 1 now awaits consideration on the House floor.

In response to the passage of SB 10, Scott McCoy — SPLC interim deputy director for LGBTQ Rights & Special Litigation — released a statement.

“The Alabama State Senate is dangerously close to passing yet another piece of discriminatory legislation that likely will lead to long and expensive litigation at high cost to Alabama taxpayers,” McCoy decried.

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

10 hours ago

Alabama GOP Senate candidate Lynda Blanchard: 2020 election ‘stolen from President Trump’

Republican U.S. Senate candidate Lynda Blanchard on Tuesday called upon the Alabama House Constitution, Campaigns, and Elections Committee to vote down a bill that would legalize no-excuse absentee voting in the state, among other alterations of Alabama’s elections laws.

The committee is set to meet on Wednesday regarding HB 396, which is sponsored by State Rep. Laura Hall (D-Huntsville). The bill was originally backed by Secretary of State John Merrill, although he has now withdrawn his support for the measure.

Blanchard served in the administration of President Donald J. Trump as his ambassador to Slovenia, the home country of then-First Lady Melania Trump.

The Montgomery resident is Alabama’s only declared U.S. Senate candidate ahead of the 2022 race to replace retiring U.S. Senator Richard Shelby (R-AL). Blanchard in a written statement said HB 396 significantly weakens Alabama’s absentee balloting rules.

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“Absentee balloting invites corruption, cheating, and fraud, so it should be allowed only in rare and unavoidable cases,” she said. “The bill that has been introduced in the Legislature leaves the door wide open for ballot harvesting and other abuses that allowed the recent presidential election to be stolen from President Trump.”

“The bill also begins a dangerous process of watering down Alabama’s election laws, which could lead to the repeal of our photo voter ID requirements and other safeguards that Republicans have put in place,” Blanchard continued.

She concluded, “Alabama should focus on strengthening, not weakening, our honest election reforms, and we certainly shouldn’t implement no-excuse absentee voting, which is often used by liberal Democrats who have refined election fraud and ballot stuffing into an art form.”

Lt. Governor Will Ainsworth (R-AL) and Congressman Mo Brooks (AL-05) have already voiced opposition to HB 396.

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