Wednesday, June 30, 2010

Praxis Activism and "Fix the Scioto County Problem of Drug Abuse"

For me to tell you that creating public awareness is simple and analogous to drawing a straight line from point A to point B would be a terrible lie. Along the way toward greater awareness, I have encountered various bends leading to destinations that have often been a boon and have sometimes been a boondoggle. I have met people with unbelievable, strong convictions in these meetings, and I have met those who want to self-promote themselves and their various causes over the dignity of our group struggles. Certain qualities, I feel , must be maintained for the proper presentation of intricate involvement in our work.

Applying a simple activist theory to encounters with others, I have preached a method known as praxis activism. Praxis in its most basic form means "theory plus action."  Praxis is the concept that theory and action work together in a cyclical form and that cooperation is needed in the world in order to transform it. Praxis is opposed to passive activism in which people find an outlet such as simple awareness or consciousness of a problem and feel as if they have done their piece for the community and for the world. Essentially, the passive activist forfeits the concept of praxis. The actions taken must include certain qualities such as a commitment to human well being and the search for truth, and respect for others.



True knowledge, Paulo Freire contended, emerges only through restless, impatient, continuing, hopeful, critical inquiry with other people about their relations to the world. (Encyclopedia of the Social and Cultural Foundations of Education, 2008). He advocates "learners should be allowed to develop praxis, an inventive and interventive way of life that encourages free, creative reflection and thoughtful action in order to change the world, even as the learners are transformed in the process."

It is especially important to give youth the opportunity to respond to community and school problems. This offers opportunities to develop "critical civic praxis" through engagement with ideas, social networks, and experiences that build individual and collective capacity to struggle for social justice. This view of youth acknowledges structural constraints in their communities, but also views young people as active participants in changing debilitative neighborhood conditions.  (Shawn Ginwright and Julio Cammarota, "Youth Activism in the Urban Community," International Journal of Qualitative Studies in Education, November 2007)

Since praxis activism is critical reflection and action, in the light of one's own faith commitment, it grows out of and seeks to contribute to the transformation of society. It is the creation of a new way of being a community of faith, and the cultivation of a spirituality that is historically grounded in the world. It is through praxis that fundamental and profound change comes.

One explicit goal of praxis activsm is to empower marginalized peoples and help them challenge their oppression. It must focus on working with the poor and uneducated to provide them with the tools to overcome their oppression. Unlike critical theory, praxis is primarily concerned with helping the uneducated emancipate themselves. Upon emancipation, these groups then help the privileged seek emancipation. Though critical theory and praxis share the same general goals, praxis tends to focus on one particular population and provides concrete guidelines on how to achieve emancipation from oppression....



Some Guidelines for Praxis Activism

1. Praxis involves a commitment to challenging the status quo and helping people from marginalized communities understand their oppression. (William G. Tierney and Margaret W. Sallee, "Praxis," The SAGE Encyclopedia of Qualitative Research Methods, 2008)

2. The transformative power of research resides in the potential for creative ideas and social constructions aimed to reform undesirable but common social practices.

3. One of the gravest obstacles to the achievement of liberation is that oppressive reality absorbs those within it and thereby acts to submerge human beings' consciousness. Functionally, oppression is domesticating. To no longer be prey to its force, one must emerge from oppression and turn upon it. This can be done only by means of the praxis: reflection and action upon the world in order to transform it. 

4. Revolutionary praxis is a unity, and the leaders cannot treat the oppressed as their possession

5. Sooner or later, a true revolution of praxis must initiate a courageous dialogue with the people. Its very legitimacy lies in that dialogue. It cannot fear the people, their expression, their effective participation in power. It must be accountable to them, must speak frankly to them of its achievements, its mistakes, its miscalculations, and its difficulties. 

6. Authentic revolution attempts to transform the reality which begets this dehumanizing state of affairs. Those whose interests are served by that reality cannot carry out this transformation; it must be achieved by the tyrannized, with their leaders.

7. To supersede their condition as objects by the status of Subjects – the objective of any true revolution – requires the people to act, as well as reflect, upon the reality to be transformed.

8. Revolutionary leaders cannot think without the people, or for the people, but only with the people. The dominant elites, on the other hand, can - and do - think without the people.

9. Harmony of the oppressed is only possible when its members are engaged in the struggle for liberation.... if their work does not belong to them - people cannot be fulfilled. Work which is not free ceases to be a fulfilling pursuit and becomes an effective means of dehumanization. 

10. A person who does not perceive himself as becoming or having hope cannot have a future to be built in unity with others. Part of the oppressed ‘I’ is located in the reality to which he ‘adheres’; part is located outside himself, in the mysterious forces which he regards as responsible for a reality about which he can do nothing. He is divided between an identical past and present, and a future without hope.

Tuesday, June 29, 2010

"Fix the Scioto County Problem of Drug Abuse" Changes Face


I've attempted to seek some value for continuing the Facebook group, and I have yet to find an answer for this. Most of the information we present on the group site goes unread by our large membership. To keep a reservoir of up-to-date, pertinent information is useless if unused. Most who avidly read the site are those who are already active in other groups anyway. In short, people who contribute good, solid information are posting to thin air.

The small semblance of activism grown from the site is too minute to effect needed immediate change. If I knew the answer to this problem of activity, I could help make something of my hometown other than an "armpit" of Ohio and a cradle of drug abuse. People here resist change in spite of warning signs clearly in view. They have taken so much abuse and negativity from their surroundings that they, themselves, become willing catalysts to ill fate as if their poverty and bad times are God's will. Need I say it, many in Scioto County actually choose to remain ignorant and let others make crucial decisions, then complain about selfish outcomes.

The group has created some good discussion while attracting diversity in membership; however, our main drawbacks are lack of activity from our many young members and lack of activity from those with a "I would but" attitude not affected by direct contact with drug abuse. Asking people to join a cause against drug abuse produces desired results, but asking these same people to prove their support seems more than the vast majority can do. The people who are, indeed, active, are those with the most personal stakes.

Which brings me to the numbers - we have over 3,400 members in this rural area. These figures are impressive to those who wish to use them; otherwise, they represent just numbers, any numbers really. They could be 34,000 or 34. In actuality, the numbers can be used to effect ideas yet remain ineffective to use. Use occurs only when people react and operate the resources provided by the group.I had really hoped that somehow 3,400 people could blanket an activity or a demonstration in support of the cause. Dreams are always fated to become less spectacular realities.

The citizenry, in general, displays a far different character from people I find most beneficial to my association. To my regret, my loudness and abrupt behavior takes on a "talk down" character to many. I have picked my passions throughout the years and sometimes overextended them to push a point. At times, my faults overshadow my good behavior. I can't shadow the saintly but I respect honesty from even the devilish. I hate to be pushed but enjoy being nudged. And, I won't be quiet about my interpretation of situations - let me be an activist, not a choirboy. Most of all, I love to try to make people think, which now most people find extremely boring.

I began this group out of my respect for Dr. Johnson and my admiration of the tremendous assembly of people I found at my first Scioto County Drug Task Force Action Team meeting. The tremendous efforts of those individuals inspired me. They offered me such great acceptance from such a wide area of expertise that I began to research drug abuse. I thought the "Fix the Scioto County Problem of Drug Abuse" group might widen the area of contact and increase communication for the Drug Task Force. And it did - to a limited extent.

I was never asked to begin this group. I had no real goals and objectives for it. I opened it to members of all walks and all ages. I've tried to maintain quality of information on site. And, I've bristled at those who compared to to Topix or Sentinel-type publications. It has merely existed -- free of charge and free to opinion. Daily updates have been the norm and now it acts mainly as a convenient place to post drug-related meetings. Too bad so few attend.The group has run its intended course.

Maybe "Fix the Scioto County" Has Outlived Its Purpose


It's been a hard run during the four or five months the "Fix the Scioto County Facebook" group has been in existence. I feel, without enumerating and describing every twist and turn, the group has done some excellent work to call attention to the problems associated with drug abuse. It pains me to see the lack of mass reaction to events we have held, and I sometimes wonder if anywhere near a majority of citizens in Scioto County are willing to do any more to help the cause than say, "I support the group's efforts to improve the health epidemic in Southern Ohio known as prescription drug abuse." We know over 3,400 citizens have taken the pledge to join the group.

I see the group as a means for other people to utilize as an education tool, an information sharing tool, a contact tool, and a tool for action. Unfortunately, some would like to see the pressure-influence aspect of the group go away or turn strictly religious in nature. Conversely, others crave more action from law enforcement now, at a time when financial support and employment cuts prohibit this. Still others are comfortable with messages, meetings, displays, and such, but are not in favor of speaking out to those who view addicts as dirty, unworthy people. I fear it is near time to extinguish the group.


Striking a balance with people who hold numerous concerns about the #1 problem that faces our town is not easy. Attitudes and actions taken by the group must range from outrage about senseless drug-related murders to compassion for victims presently struggling with severe addiction. To be one voice, a group needs people committed to many different strategies, not just to one aid to a solution. For example, I'm sure a person's attitude and reaction differs if he lives worlds away from the terrible pressures of drug dealings as opposed to one who must live next door to a dealer and suffer constant harassment. 

My deepest regret is that the multi-diverse group cannot awaken a spirit of activism and urgency in the community. Somehow, people believe that God, in His divine mercy, will triumph over evil no matter how the populace responds. Although good intentioned, this idea quickly proves itself futile when crooks and scoundrels abound and profit in their devious endeavors. I believe strongly in God but I believe man has the free will to take God's course of action.

Others believe that just complaining about the same old community standards and policies will turn the tide. These people who are doing well with the status quo want no change that might cost them money or time. They are fairly well insulated from immediate threats of the epidemic and prefer to see it as "your problem," referring to the lower and lower-middle classes. Shock value has absolutely no effect on those with eyes on the dollar sign.

And, even others fall under the group of promisers, but.... These are the people who constantly say, "I'm so busy" or "I'd like to but" or "Sorry, I have more important matters to attend to." They are not civic-minded individuals but more self-centered people who believe as long as they control their lives, danger will not intrude. I'd like to have a dollar for every addiction story I've heard along these lines. You would be surprised who has been on illegal drugs to say the least.

My town? Maybe its final legacy is to be home of the pill billies and the graveyard of addiction. We are currently on pace for a record-setting prescription death yearly statistic. As the destruction draws ever closer, I pray the honest and active are spared misery, for, I believe, many of the dishonest and inactive will surely find novel ways to avoid
"getting their hands dirty." This remains an area of "old boys" and "Scratch my back, I'll scratch yours." Wake up, Scioto County, and do something about it. DO DO DO DO DO!!!!!!

A portion of a recent post from a friend:

David from Fargo, North Dakota wrote me to say, "I have been involved with drugs for 40 years. I left for here four years ago from Portsmouth to get off  oxys. That was the hardest thing I have ever done in my life. I spent some time in Prairie Psychiatric hospital, but as soon as I got out of the hospital, I went back on the oxys. Tried the methadone and suboxone but they didn't work. When I finally hit rock bottom, I went off the drugs myself. My son and nephew thought I was going to die. First I kicked the physical symptoms, then the psychological ones.

"I have lost more than ten friends to oxys. My best friend even died of a heart attack while on oxys. I lost my ex-wife to cancer, but, of course, she was on oxys. Then, on February 2008 my step granddaughter was beaten to death - she wasn't two yet. I would like to work with the DEA and narcotics unit to help this problem."

Post your message to David and I will see he gets it. He is willing to do any and everything to help Portsmouth with its drug problem.

Monday, June 21, 2010

How Beautiful?



Beauty often changes critical situations and even life. Think of your attitude toward lesser, repugnant insects versus your conception of something like a butterfly in the natural setting. Your mind is predisposed to treat the butterfly with respect and preserve its life because of its pleasant aesthetics. Many other uglier insects such as common flying ants are harmless but because they lack your perception of beauty, you assume the uglies are unworthy to live, so you normally kill the poor bugs.

The psychology of beauty is complex  and the exacting concept of beauty is as yet undefined but beauty does often lie in the eyes of the beholder or how individuals perceive other people or things. Things that appeal to your senses and all objects that are compatible with your personal preferences are often described as beautiful.


The projection of your needs perceives the beauty, so beautiful objects or persons simply cater to your idealizations or fancies and reflect your natural need to relate to all that is appealing. Saberi Roy (Reflections In Psychology, 2009) states, "Human beings are controlled by the senses and we tend to repeat processes or experiences that appeal to the senses, that are harmonious and have structure and form. Beauty appeals to our sense of sight so there is a preference for repeating the experience of beauty."

Even though he knows the perception of beauty can change, Roy concludes that several theories of beauty presently exist. He elaborates on the following theories:

1. Beauty as Symmetry and Proportion - to find beauty in perfectly shaped and sharp proportional features.

2. Beauty as a whole rather than parts - to find beauty in a broad holistic view (a rose as beautiful - less attentive towards each petal but more consideration to the symmetry of the flower as a whole).

3. Beauty as projection and wish fulfillment - to find beauty in idolized personal or inner fancies similar to someone known or admired.

4. Beauty as innocence and charm - to find beauty in the inherent ability to attract individuals with the sheer force of personality and presence that connects good looks with social confidence.

5. Beauty as a product of culture and society - to find beauty in an accepted concept that seems to change with time as society changes and the perception of beauty varies in different cultures.


Most agree, you have a tendency subconsciously to treat attractive people with more respect and care, as if less attractive people deserved less. Don't you often hear people cursing other people when inconvenienced? They say things such as “Ugly bitch! Block my way and make me miss my appointment! I hope you fall down!” And you know, most of these same people would be less likely to curse if the person blocking them were an Angelina Jolie lookalike.

This so-called Halo Effect refers to a cognitive bias whereby the perception of one trait (i.e. a characteristic of a person or object) is influenced by the perception of another trait (or several traits) of that person or object.The prominent trait overshadows (halos) other possible negative traits, so we give the prominent trait(s) more positive consideration. (E.L. Thorndike, E. L., "A Constant Error on Psychological Rating," Journal of Applied Psychology, IV, 1920)

Soloman Asch ("Forming Impressions of Personality, Journal of Abnormal and Social Psychology,41, 1946) did much work with this bias to find attractiveness as one of the most important central traits in the Halo Effect. You often judge attractive people as having a more desirable personality and more skills than someone of average appearance. In other words, you assume that if an individual is good looking, that person must be good in other ways, too. You might even assume good looking people are more intelligent and more popular, and are thus more likely to get away with committing a serious crime compared to those who are unattractive. And, some believe you just may be right.                        


One theory behind this halo effect is that it is accurate -- attractive people are indeed more successful. If you are confident in the self-perception of your looks, and others further perpetuate this confidence with healthy feedback, you may just be more successful. Your own drive and spirit are stimulated to greater heights.

Various studies show your beauty gets you more attention and higher evaluations from teachers, more personalized care from doctors, and lighter sentences from the legal system than those cursed with major imperfection. 

Poets have forever raved about beauty. Brave men have started wars over nothing more than beauty. Women the world over constantly have striven for it. Scholars have devoted their lives to deconstructing the impulse to obtain it. Ordinary mortals erect temples to beauty. Yes, in just about every way imaginable, the world honors physical beauty. 

So, the next time you go out of your way to swat a fly or squish an icky insect, consider whether that attitude has crept its way into your personal acceptance and view of others. Beauty does change in its cultural and societal definitions. People can also appreciate and value beauty in all its strange and intricate forms. Most people who make tremendous contributions to the world are judged by their inside attractiveness, not by their physical beauty.


Sunday, June 20, 2010

Alabama - Drug Legislation


I have no idea what happened to this piece of legislation since its introduction in Alabama in 1996. I was unable to find out about amendments, debate and passage of the proposal. Read the bill (presented here in part) to discover how property owners and other residents may find relief when confronted with a neighborhood that includes a residing drug dealer. Some of the information may be relative to changing the laws that require Ohio residents to acquire so much proof and investigation before action can be taken against these criminals.

In order to provide a civil remedy for the abatement of drug-related nuisances, S. 141, Act No. 96-566 by Alabama Senator McClain was proposed in 1996 for these reasons:

Be It Enacted by the Legislature of Alabama:
 
Section 1.  The Legislature finds and declares the following:

    (1) There is a drug crisis in the State of Alabama which
is plaguing our neighborhoods and our housing and rental
accommodations. 
 
   (2) Drugs have caused an increase in crime and violence and a
deterioration in the habitability of housing and rental
accommodations, as well as diminished property values. 
 
   (3) Currently there are inadequate incentives for property
owners to take a more active role in preventing the use of their
property for the manufacture, use, sale, storage, or distribution of
drugs.    
 
Filing a complaint in the circuit courts of the county 
 
Section 3.  Wherever there is reason to believe that a
drug-related nuisance exists, the Attorney General, district
attorney, the attorney for the county or municipality, a person
residing in the county in which the property is located including a
tenant of the property, or any community-based organization, may
file an action in the circuit courts of this state to abate, enjoin, and
prevent the drug-related nuisance. The actions shall be commenced
by the filing of a complaint in circuit court of the county in which
the nuisance is situated alleging the facts constituting the
drug-related nuisance.
 
Section 4. 
 
(a) The complaint or an affidavit attached thereto
shall describe the adverse impact associated with the drug-related
nuisance upon the surrounding neighborhood. Adverse impact
includes, without limitation, the presence of any one or more of the
following conditions: 
 
Descriptions of adverse impact associated with the drug-related 
nuisance: 
 
(1) Diminished property value.

(2) Increased fear of residents to walk through or in public
areas, including sidewalks, streets, alleys, and parks.

(3) Increased volume of vehicular and pedestrian traffic to and
from the property.

(4) An increase in the number of ambulance or police calls to the
property which are related to the use of drugs, or to violence
stemming from drug-related activity. 
 
(5) Bothersome solicitors or approaches by strangers wishing to
sell drugs, or the aggressive solicitation of aims, on or near the
property.

(6) The display of dangerous weapons on or near the property.

(7) Investigative purchases of drugs by law enforcement officers
on or near the property.

(8) Arrests of persons on or near the property. 
 
(9) Housing code violations relating to the property, 
 
(10) Health code violations relating to the property.

(11) Accumulation of trash and refuse in common areas on or
adjacent to the property.

(12) Unsecured entryways on the property.

(13) Loitering. 
 
(14) Unreasonable noise. 
 
(15) Search warrants served or executed at the property. 
 
(16) The number of complaints made to law enforcement and
other government officials about the alleged illegal activity
associated with the property. 
 
(17) The discharge of a firearm at the property. 
 
(18) Violations of zoning laws or regulations at the property. 
 
(b) The complaint shall contain a description of attempts made
by the plaintiff, or any other person or entity, to notify the owner of
the property on which the drug-related nuisance is situated and the
resulting adverse impact thereof. No complaint shall be flied unless
there has been at least one notice to the owner of the alleged
drug-related nuisance 21 days prior to the filing of the complaint.
Notice shall be served on the owner in accordance with the Alabama
Rules of Civil Procedure. If personal service can not be made,
service may be made by posting the papers at the property.

(c) When an action is brought under this act by a private
individual, the complaint shall be supported by at least five
residents residing or owning real property within 1,000 feet of the
premises alleged to be a drug-related nuisance. The support shall be
in the form of an affidavit attesting to the fact that the residence of
the affiliate is within 1,000 feet of the alleged drug-related nuisance,
and that the affiliates have witnessed the alleged drug-related
nuisance, and are aware of an adverse impact of the alleged
drug-related nuisance.

Section 5.  A copy of the summons and complaint shall be
served upon the defendant at least five business days prior to the
first hearing in the action. Service shall be made in accordance with
the Alabama Rules of Civil Procedure. 1f personal service cannot be
made, service may be made by posting the papers at the property. If
service is made by posting papers to the property, a copy of the
summons and complaint shall be mailed to the last known mailing
address, if any, of the defendant.
 
Section 6.  
 
(a) Upon a filing of a motion for a preliminary
injunction to abate the drug-related nuisance, the plaintiff shall be
entitled to a hearing on the motion within 10 business days of the
filing. If it appears by affidavit or otherwise, that there is a
substantial likelihood that the plaintiff will be able to prove a
drug-related nuisance by a preponderance of evidence, the circuit
court may issue a preliminary injunction and grant other relief as
the court may deem to be appropriate, including those remedies
provided by Section 14.

(b) When appropriate, the court shall order the trial of the
action on the merits to be advanced and consolidated with the
hearing on the motion for a preliminary injunction.

(c) This section shall not be construed to prohibit the application
for or the granting of a temporary restraining order or other
equitable relief provided by law.
 
Section 7. 
 
(a) The court, upon the application of the plaintiff,
may issue an ex parte restraining order, restraining the defendant
and all other persons from removing, or in any manner interfering
with, the personal property and contents of the place where the
drug-related nuisance is alleged to exist, until a decision of the
court granting or refusing to grant a temporary injunction, or until
further order of the court.

 (b) The restraining order may be served by handing it to and
leaving a copy of the order with any person appearing to reside
therein, or by posting a copy thereof in a conspicuous place at or
upon one or more of the principal doors or entrances to the place, or
by both delivery and posting.
 
(c) The officer serving a restraining order shall forthwith
attempt to make and return to the court an inventory of the
personal property and contents situated in, and apparently used in,
conducting or maintaining the drug-related nuisance. Any violation
of the restraining order shall be a contempt of court, and where the
order is posted, if it is removed or mutilated while it remains in
force, is a contempt of court, provided that the posted order contains
a notice to that effect.
 
Section 8.   In any action brought under this act, the
complainants may request, and the court at its discretion may order
a civil penalty of up to one thousand dollars ($1,000) for each day
the nuisance exists, with the penalty payable to the general fund of
the municipality in which the nuisance was located, or one-half to
the state and one-half to the general fund of the county if situated
outside the boundaries of a municipality.
 
Section 9.  If proof of the existence of the drug-related
nuisance depends, in whole or in part, upon the affidavits of
witnesses who are not law enforcement officers, upon a showing of
prior threats of violence or acts of violence by any defendant or
other person using the property alleged to be a drug-related
nuisance, the court may issue orders to protect those witnesses,
including, but not limited to, nondisclosure of the name, address, or
any other identifying information.
 
Section 10.  A previous conviction of the defendant, or
anyone, shall not be required to demonstrate a drug-related
nuisance.
 
Section 11.  No security bond shall be required to issue a
preliminary injunction or temporary restraining order sought by the
Attorney General, district attorney, or an attorney appearing for the
county or municipality. Otherwise, at the discretion of the court, a
security bond may be required to issue a preliminary injunction or
temporary restraining order. Where relief is issued after an
evidentiary hearing at which witnesses are subject to cross
examination, the court shall not require a security bond in excess of
one thousand dollars ($1,000).
 
Section 12.  In an action brought under this act, evidence of
the general reputation of the property of the defendant shall be
admissible for the purpose of proving a drug-related nuisance, and
for the purpose of proving the knowledge of the defendant of the
drug-related nuisance.

 
Section 13. 
 
(a) If a complaint is filed by a private citizen, it
may not be dismissed except upon a sworn statement by the
complainant and his or her attorney, setting forth the reason why
the action should be dismissed. A copy of the sworn statement shall
be sent to the Attorney General and the district attorney at least
seven days prior to its presentment to the court.

(b) If the court is of the opinion that the action should not to be
dismissed, it may direct the district attorney or prosecuting
attorney to prosecute the action to judgment.
 
(c) Any citizen of the county in which the alleged drug-related
nuisance is located, or an interested community-based organization,
may be substituted for the complainant and prosecute the action to
judgment.

Drug Legislation - Alabama


I have no idea what happened to this piece of legislation since its introduction in Alabama in 1996. I was unable to find out about amendments, debate and passage of the proposal. Read the bill (presented here in part) to discover how property owners and other residents may find relief when confronted with a neighborhood that includes a residing drug dealer. Some of the information may be relative to changing the laws that require Ohio residents to acquire so much proof and investigation before action can be taken against these criminals.


In order to provide a civil remedy for the abatement of drug-related nuisances, S. 141, Act No. 96-566 by Alabama Senator McClain was proposed in 1996 for these reasons:

Be It Enacted by the Legislature of Alabama:

Section 1.  The Legislature finds and declares the following:

    (1) There is a drug crisis in the State of Alabama which
is plaguing our neighborhoods and our housing and rental
accommodations.

    (2) Drugs have caused an increase in crime and violence and a
deterioration in the habitability of housing and rental
accommodations, as well as diminished property values.

    (3) Currently there are inadequate incentives for property
owners to take a more active role in preventing the use of their
property for the manufacture, use, sale, storage, or distribution of
drugs.
 
Filing a complaint in the circuit courts of the county 
Section 3.  Wherever there is reason to believe that a
drug-related nuisance exists, the Attorney General, district
attorney, the attorney for the county or municipality, a person
residing in the county in which the property is located including a
tenant of the property, or any community-based organization, may
file an action in the circuit courts of this state to abate, enjoin, and
prevent the drug-related nuisance. The actions shall be commenced
by the filing of a complaint in circuit court of the county in which
the nuisance is situated alleging the facts constituting the
drug-related nuisance.
 
Section 4. 
 
(a) The complaint or an affidavit attached thereto
shall describe the adverse impact associated with the drug-related
nuisance upon the surrounding neighborhood. Adverse impact
includes, without limitation, the presence of any one or more of the
following conditions: 
 
Descriptions of adverse impact associated with the drug-related 
nuisance: 
 
(1) Diminished property value.

(2) Increased fear of residents to walk through or in public
areas, including sidewalks, streets, alleys, and parks.

(3) Increased volume of vehicular and pedestrian traffic to and
from the property.

(4) An increase in the number of ambulance or police calls to the
property which are related to the use of drugs, or to violence
stemming from drug-related activity. 
 
(5) Bothersome solicitors or approaches by strangers wishing to
sell drugs, or the aggressive solicitation of aims, on or near the
property.

(6) The display of dangerous weapons on or near the property.

(7) Investigative purchases of drugs by law enforcement officers
on or near the property.

(8) Arrests of persons on or near the property. 
 
(9) Housing code violations relating to the property, 
 
(10) Health code violations relating to the property.

(11) Accumulation of trash and refuse in common areas on or
adjacent to the property.

(12) Unsecured entryways on the property.

(13) Loitering. 
 
(14) Unreasonable noise. 
 
(15) Search warrants served or executed at the property. 
 
(16) The number of complaints made to law enforcement and
other government officials about the alleged illegal activity
associated with the property. 
 
(17) The discharge of a firearm at the property. 
 
(18) Violations of zoning laws or regulations at the property.
    (b) The complaint shall contain a description of attempts made
by the plaintiff, or any other person or entity, to notify the owner of
the property on which the drug-related nuisance is situated and the
resulting adverse impact thereof. No complaint shall be flied unless
there has been at least one notice to the owner of the alleged
drug-related nuisance 21 days prior to the filing of the complaint.
Notice shall be served on the owner in accordance with the Alabama
Rules of Civil Procedure. If personal service can not be made,
service may be made by posting the papers at the property.

    (c) When an action is brought under this act by a private
individual, the complaint shall be supported by at least five
residents residing or owning real property within 1,000 feet of the
premises alleged to be a drug-related nuisance. The support shall be
in the form of an affidavit attesting to the fact that the residence of
the affiliate is within 1,000 feet of the alleged drug-related nuisance,
and that the affiliates have witnessed the alleged drug-related
nuisance, and are aware of an adverse impact of the alleged
drug-related nuisance.

Section 5.  A copy of the summons and complaint shall be
served upon the defendant at least five business days prior to the
first hearing in the action. Service shall be made in accordance with
the Alabama Rules of Civil Procedure. 1f personal service cannot be
made, service may be made by posting the papers at the property. If
service is made by posting papers to the property, a copy of the
summons and complaint shall be mailed to the last known mailing
address, if any, of the defendant.
 
Section 6. 
 
(a) Upon a filing of a motion for a preliminary
injunction to abate the drug-related nuisance, the plaintiff shall be
entitled to a hearing on the motion within 10 business days of the
filing. If it appears by affidavit or otherwise, that there is a
substantial likelihood that the plaintiff will be able to prove a
drug-related nuisance by a preponderance of evidence, the circuit
court may issue a preliminary injunction and grant other relief as
the court may deem to be appropriate, including those remedies
provided by Section 14.

    (b) When appropriate, the court shall order the trial of the
action on the merits to be advanced and consolidated with the
hearing on the motion for a preliminary injunction.

    (c) This section shall not be construed to prohibit the application
for or the granting of a temporary restraining order or other
equitable relief provided by law.
 
Section 7. 
 
(a) The court, upon the application of the plaintiff,
may issue an ex parte restraining order, restraining the defendant
and all other persons from removing, or in any manner interfering
with, the personal property and contents of the place where the
drug-related nuisance is alleged to exist, until a decision of the
court granting or refusing to grant a temporary injunction, or until
further order of the court.

    (b) The restraining order may be served by handing it to and
leaving a copy of the order with any person appearing to reside
therein, or by posting a copy thereof in a conspicuous place at or
upon one or more of the principal doors or entrances to the place, or
by both delivery and posting.
(c) The officer serving a restraining order shall forthwith
attempt to make and return to the court an inventory of the
personal property and contents situated in, and apparently used in,
conducting or maintaining the drug-related nuisance. Any violation
of the restraining order shall be a contempt of court, and where the
order is posted, if it is removed or mutilated while it remains in
force, is a contempt of court, provided that the posted order contains
a notice to that effect.
 
Section 8.   In any action brought under this act, the
complainants may request, and the court at its discretion may order
a civil penalty of up to one thousand dollars ($1,000) for each day
the nuisance exists, with the penalty payable to the general fund of
the municipality in which the nuisance was located, or one-half to
the state and one-half to the general fund of the county if situated
outside the boundaries of a municipality.
 
Section 9.  If proof of the existence of the drug-related
nuisance depends, in whole or in part, upon the affidavits of
witnesses who are not law enforcement officers, upon a showing of
prior threats of violence or acts of violence by any defendant or
other person using the property alleged to be a drug-related
nuisance, the court may issue orders to protect those witnesses,
including, but not limited to, nondisclosure of the name, address, or
any other identifying information.
 
Section 10.  A previous conviction of the defendant, or
anyone, shall not be required to demonstrate a drug-related
nuisance.
 
Section 11.  No security bond shall be required to issue a
preliminary injunction or temporary restraining order sought by the
Attorney General, district attorney, or an attorney appearing for the
county or municipality. Otherwise, at the discretion of the court, a
security bond may be required to issue a preliminary injunction or
temporary restraining order. Where relief is issued after an
evidentiary hearing at which witnesses are subject to cross
examination, the court shall not require a security bond in excess of
one thousand dollars ($1,000).
 
Section 12.  In an action brought under this act, evidence of
the general reputation of the property of the defendant shall be
admissible for the purpose of proving a drug-related nuisance, and
for the purpose of proving the knowledge of the defendant of the
drug-related nuisance.

 
Section 13. 
 
(a) If a complaint is filed by a private citizen, it
may not be dismissed except upon a sworn statement by the
complainant and his or her attorney, setting forth the reason why
the action should be dismissed. A copy of the sworn statement shall
be sent to the Attorney General and the district attorney at least
seven days prior to its presentment to the court.

    (b) If the court is of the opinion that the action should not to be
dismissed, it may direct the district attorney or prosecuting
attorney to prosecute the action to judgment.
(c) Any citizen of the county in which the alleged drug-related
nuisance is located, or an interested community-based organization,
may be substituted for the complainant and prosecute the action to
judgment.

Saturday, June 19, 2010

Song Quiz for Father's Day



1. This 1988 Eric Clapton song came from the perspective of a son feeling the loss of not having known his newly dead father.

2. A soul classic, Norman Whitfield and Barrett Strong wrote this song that was recorded as a hit by the Temptations about a father who had no job, was a bigamist, was addicted to alcohol and women, and was a religious hypocrite.

3. This James Brown R&B dance classic has the Godfather of Soul proclaiming his novel ability to do the Jerk, the Fly, the Mashed Potatoes, and the Monkey.

4. One of the most famous father-daughter songs ever, it was recorded by the Mills Brothers of Piqua, Ohio, in 1950. The Mills Brothers became one of the most successful pop vocal quartets of the 20th century, who made more than 2,000 recordings that combined sold more than 50 million copies, and garnered at least three dozen gold records.

5. A dance-pop song by Madonna in 1986, this tune caused women's organizations and others in the family planning field to criticize her for encouraging teenage pregnancy, while groups opposed to abortion saw it as a positive pro-life message. The song also caused her first conflict with the Vatican, as she dedicated the song to Pope John Paul II.

6. This one of a kind '60's hit made up from nonsense syllables was released by the doo-wop group The Rivingtons, who appeared in an episode of 1989 episode of L.A. Law.

7. Bo Diddley released this recording on Checker in 1955 and the song became his second hit. It actually features Little Walter harmonica and the Moonglows on backup vocals. It was covered by Chris Isaac, among others, on his Heart Shaped World album.

8. Hank Williams' song with lyrics based on the blues felt by a father in prison for his "one ray of sunshine."

9. According to this song, written by Carl Perkins but released by Johnny and June Carter Cash, the patriarch sang this register.

10. Luther Vandross wrote this song with Richard Marx, and Vandross had his last top 40 hit with this song based on memories of his own father.

11. From Phil Collins' 1989 "...But Seriously," the end of the song features Collins lovingly telling his son, "Remember what I said / I'll always be with you, don't forget / Just look over your shoulder, I'll be there." 

12. A Neil Young song, it features James Taylor on six-string banjo and Linda Ronstadt and was actually written for the caretaker of his Northern Cailifornia Broken Arrow Ranch after the caretaker had asked Young, "Well, tell me, how does a young man like yourself have enough money to buy a place like this?"
Young reportedly replied, "Well, just lucky, Louie, just real lucky."
And the caretaker said, "Well, that's the darndest thing I ever heard."

Friday, June 18, 2010

The Men Vs. The Women



1. Men have soul; women have heart.

I think this must have been instilled in the original prototype humans, Adam and Eve. Remember Eve was made from Adam's rib, in close proximity to the heart. Men can't begin to feel matters of the heart like women but men do understand and best relate to matters of the soul, probably because they were God's original human creation. I mean, would a man enjoy listening to Michael Bolton sing Percy Sledge's signature song "When a Man Loves a Woman"? Hell no.Would a man weep at a wedding when he knows the serious, potentially life-choking consequences of getting married? I don't think so. Men appreciate intangible qualities and hidden spiritual embodiment whereas women prefer the "heart" as the seat of affection to judge the lovelier parts of physical nature.  

2. Men like beer; women like exotic drinks.  

Men do not associate sweetness with drinking. Women, on the other hand, prefer to cover the flavor of the intoxicant with sugary substances, even garnish their drinks with maraschino cherries, limes, and other fruits. Men understand the swarthy fellowship of warriors sharing swill-like mixtures in mass quantities that bloat their stomachs and embody the common spirit of the salt of the earth. Take the Miller High Life Man, for example. A high-class crowd would likely be unworthy of partaking lowly beer. Beer is sweat, blood, and tears while exotic drinks are bikinis, fruit juice, and sandy beaches. Men understand their obligation to suds. Women want a tan. End of story.



3. Men want a buddy to be a friend; women want a buddy to bolster their confidence.  

Men, in a totally nonsexual manner, enjoy having a close male friend who has shared the same trials and struggles in life. Men confide in, revel with, lie to, trade insults with, fart with, and even fight and argue with their buddies. A woman, however, enjoys having a close female friend who will somehow become a totally accepting part of her  nature, no matter the real truth of that nature. Women hang with their best friends to be seen, to be comforted, to be ornamented, to be sly, and to be snarley to other men or women, if need be. A man enjoys nothing more than having a friend who reminds him that he is a real pain in the ass while women enjoy nothing more than having a friend who tells her that her ass looks good in any outfit she wears. And let's don't get into gossip and infighting.

4. Men desire economy; women desire excess. 

To men, less is most often more. The less men have to struggle, to worry, and to be bothered by trivia, the better. Yet, women immerse themselves in trivia and are not satisfied without having more luxury than needed. Women compile and stock. Men necessitate and even purposely cut corners. What women would not place priceless jewelry, expensive clothes, and luxurious mansions on her ultimate wish list? But, what man would sacrifice  excessive material possessions for decent food, peace and quiet, and a decent ballgame? Not to mention duct tape.



5. Men are cruel; women are vengeful.

Men think, speak, and commit cruel acts that should never happen. Men can be violent and very aggressive, turning savage in an instant when feeling threatened in some manner. Thankfully, most men don't let their violence run its course before stopping their aggression. Women? I have heard it said that a world run by women would be a world without war. Surely the speaker has never experienced the nature of a woman during her special "time of the month." While women appear to be meek and mild in manner, they obviously plot devious means of inflicting pain. Some would say this is a defense mechanism of the weaker sex; others call it vindictive behavior. What is worse - the terrible man's reaction or the deceitful woman's inability to forgive? William Congreve said, "Hell hath no fury like a woman scorned." The end result is the same - the man is destroyed and the woman is lifted up.

6. Men underachieve on purpose; women underachieve due to men.  

Men have the obligation to reach a point of success with all phases of their lives - friends, family, job, salary, security, etc. An unsuccessful, underachieving man is viewed as a person who is lazy and indifferent to important matters. As a man reaches his plateau, each man has to account for his rise and eventual level of accomplishment. He, alone, is often expected to be the ultimate provider and protector. Women, though, largely blame their underachievement on men. Although changing, women still earn less pay than men, and women still hold lower titles than men on the job site. For this reason, women believe that many men detract from decent cohabitation. Have you ever once heard of a bumette?




7. Many good men fear beautiful women; many beautiful women fear good men.

As circular as this statement sounds, it often holds true. When a good, decent man approaches a beautiful woman, he has prepared himself for rejection, so initially, he often sounds and acts like a blubbering fool. Besides, he usually knows that his male (and, today, female) competition is fierce and that he has lousy skills in "sweet talking" and impressing her without required time. In his ten second evaluation in the eyes of the beauty, he is lucky to remember to introduce himself. In addition, many good men fear the loss of someone so beautiful. Beautiful women tend to be confident and unimpressed by men who are unintentionally masking their goodness. They are swept away by "dashing and daring" or "cute" men.To a beautiful woman, honesty and sincerity are usually just seen as other pitiful attempts at pickup lines. Women like soap operas. Need I say more?

8. Men like love true; women like true love.

Once men find love, they value fidelity and truth more than other aspects of a relationship. In sports, in organizations, and in personal relations, men have been instructed to rely upon their close companions. To men, this reliance becomes a valuable truth of survival. Many men realize that a woman's love "true" has been denied to them because desirable women have gone through many false, no-good suitors. When that man does find his love, he expects her to be true. But, women have a fantasy instilled in them very early in life by a "fairy tale" culture. Women are taught that one true love awaits them in "shining armor." Women spend endless time searching for this soul mate, "true love" who often turns out to be a regular guy with regular faults she originally had picked in the 55th round of the Bachelor Draft.

Thursday, June 17, 2010

Women!


Undoubtedly, many mysteries about womankind exist in the minds of men. Despite the obvious physical differences, women and men operate under completely different modes of operation. Their minds, though structurally alike, develop unique traits peculiar to the gender. Today is as good a day as any to explore the questions that haunt men about the peculiarities that relate to the sex some say is the gentle female.


1. Why should the toilet seat remain down when it takes just as much effort to put it up in the race for urinary relief?
   
I mean, we live in the age of electricity, and I'm sure most women flip on a light and check the seat before sitting     down to be sure that no large, sewer-dwelling snake or rat has occupied the bowl. Besides, with the seat always in the "up" position, the chances of drippage are reduced.

2. Why do women have to take a perfectly good, simple plan to do something and discuss it with other women about a million times to complicate it unmercifully until it becomes so complex nobody could possibly remember how to execute it? 

We all know the shortest distance between two objects is a straight line, yet women revel in the confusion of discussing and re-discussing a straight plan of action. Wouldn't it be better to drive from Portsmouth to Cleveland through Columbus than through Nashville? I guarantee you a woman can give you 100 reasons it would be better to motor through Nashville. Put two together on the trip plans and you might as well just stay at home.

3. Why do women always, in the middle of a chore or project a man is working to complete, suggest at least ten more additional projects that need to be done by the man ASAP?

Men as creatures of continual frustration and simple minds cannot concentrate on the work at hand when women are already talking about improvements that won't be possible for at least a year. Don't women know the majority of accidents on work sites happen when the mind wanders?  

4. Why do women crave romance with mythical creatures like vampires but they often throw on the brakes when a man suggests her behavior should be a little more risky and passionate than her zombie-like behavior of the walking dead?

I don't understand the "pretty boy" black death attraction for a man or the numb "just do what you want" surrender of a woman in these matters. Every now and then, a man would probably like to "be taken" in surprise.

5. Why do women think that the heavy duty "bi-atch," inked, "throw my crotch in your face" image is sexier than the simple, classic, natural "reveal with intrigue" image? 

Men love to fantasize trysts with wild, wild women, but, traditionally, fall sincerely in love with the girl who steals his heart, and who not merely scores his Johnson. Tats? When a woman turns 50, the inked angel is going to sag and expand to a fearful image of Mothman. True beauty has mystique.

6. Men realize that there is no substitute for a mother but men do not understand why women have to refer sarcastically to them as incapable "mothers' boys." 

Do women typically receive the same sarcasm in a remark aimed at them such as "daddy's girl"? Of course not. In fact, that phrase is usually used as an affectionate title. In matters of affection, men are forced to take a backseat.

7. Why don't women understand that men are preconditioned and permanently wired to appreciate sports, food, beer, music, and beautiful women? To break men of any of those addictions sets off a shock that permanently disables important parts of our brains.

Men understand these simple pleasures and learn that women have great affinity for other things -- money and security. Why do you think most men wouldn't know real gold or real diamonds or expensive scents or the day of a first date? Women like details; men prefer couches. Clothes? A beautiful girl looks good in a feedsack.

8. Why do women like to waste hour upon hour to shop for things even if they don't need these things or buy these things?

Women would rather shop than eat; men would rather eat and eat. Leave us at the food courts, but just for a while. Or else, we will miss the game. A man knows what item he wants when he shops, finds it, usually in the first store, and drives back home.

9. Why do women have such complicated motives when they drink? Men never know if they are going to flip, flop, or fly. Notice the rituals of a drinking woman and just try to guess the motives.

On the other hand, men drink to find a pillow, to tell someone their problems, or to find relief for their manhood. A sexy woman can sit at the bar alone, half-naked and dripping with estrogen and still want to be left alone. 

10. Why does a woman always have to be coaxed to say the thing she has on her mind when all the chips are down?

Although many women use direct and profane bunkhouse language these days, they like to conceal certainties and play guessing games with men. I think this practice began about the time women started wearing makeup and it has progressed into the silicone era. Any time a man notices a woman won't make up her mind, he must assume the next line will be "I really like you but...."

11. Why do women think all men like artificial breasts so big that the women need wheelbarrows to haul them around? 

Some men love legs, some love butts, some love faces, some love hair, etc. One guy I knew even loved ankles. When nice curves become insurmountable peaks, I think the plastic freak show has begun. 

12. And last, why do women say they don't like "wussies" but always seem to get along great with the "wussiest" men?  

This type of thinking confuses the men so much that they wonder if they should say they doesn't care for masculine-looking females but should include them in their circle of drinking buddies. Can men really be expected to go back to pre-school mentality when model T&A abound?

Wednesday, June 16, 2010

Matters of Conscience





Assuming God imprinted His Divine image into humans, people must believe in an inherent nature toward striving for everything morally good and avoiding everything morally evil. Thus, the inner intentions of the creator works through the voice of the human conscience, which justly is called the "voice of God" in people. (Orthodox resources, http://www.orthodoxphotos.com/readings/conscience/conscience.shtml, 2010) Think of it, a voice of God as a spiritual guide within each person.


The student of history, by studying the culture and customs of past and present nations, notes that all people, even the most primitive tribes, distinguish between what is good and what is bad, between good person and evil person, between virtue and vice. In essence, they are all agreed on these basic premises: 

1. Good is worth striving for, and evil should be shunned, 
2. Good deserves praise, while evil deserves blame. 

Though in individual cases they may not be one in denominating the same thing as good or evil, they are, nevertheless, agreed upon as the general principle that good is to be done and evil avoided.Thus, even in matters of controversy over definition, manner, and even cause and effect, the general principles hold true.

In daily relationships with others, people very often subconsciously trust their conscience more than written laws and regulations. In fact, society finds it impossible to have laws for every imaginable situation and to foresee how to preclude all attempts at breaking them. In the real world, shrewd people manage to twist and manipulate even the clearest of laws. This manipulation can cause evil, deadly deceit. So conscience, which works inside every person, is most often called upon to compel someone to deal fairly and justly with others in circumstance after circumstance.


Conscience is also called "heart" in scripture. In the Sermon on the mount the Lord Jesus Christ compared conscience to the "eyes" by which a person can evaluate his moral condition (Matt. 6:22). The Lord also compared conscience to a "rival" with whom a person must come to terms before he presents himself at God's Judgment (Matt. 5:25). The word "rival" stresses the main attribute of conscience: to oppose our evil desires and intentions.
Yet, sometimes spontaneity and circumstance override a person's conscience, and the rival triumphs. For example, few would not steal food if they were starving. Thus, at certain times, even devout people can accept sins against their conscience as necessities and proper acts despite conscientious objections.

Russian poet A. S. Pushkin very vividly described these torments in his dramatic play "Miserly Knight."

"Conscience -
A sharp clawed animal, which scrapes the heart;
Conscience - an uninvited guest, annoying *discourser,
A rude creditor; and a witch,
Which dims the moon and graves."

*speaker, arguer                                                                                                                   

Relativists believe that ethical truths depend on the individuals and groups holding them. Many would say that the truth or falsity of moral judgment is not universal but related to the traditions, convictions, or practices of a certain group of people. Normative relativism is a belief that no moral standards exist by which to judge others behavior. Normative relativists would tolerate the behavior of others even if it ran counter to their beliefs of personal or cultural moral standards. Certainly, they would reject the conscience as the voice of God from within.This is how they think of conscience:   


(I) There are no moral duties and no moral rights;
(2) Therefore no one has a right to make moral demands of me;
(3) People do make moral demands of me;
(4) These demands must be unreasonable;
(5) Unreasonable demands are unjust;
(6) Those who are making them are wrong;
(7) They have a duty to desist;
(8) I have a right to demand it of them.
This is why some people believe that other people have all the duties, yet they have no duties but all the rights. Used as a tool of recruitment, this "conscience-empty" condition can be powerful in both creating gangland criminal behavior and increasing hordes of those who practice reckless, irresponsible actions. Their own philosophy rationalizes itself when they believe this to be a viable human state. They live without a conscience and practice random, self-gratifying beliefs if they practice any beliefs at all.


What would your conscience have you do in these moral and ethical dilemmas?

A Father's Choice
You are an inmate in a concentration camp. A sadistic guard is about to hang your son who tried to escape and wants you to pull the chair from underneath him. He says that if you don't he will not only kill your son but some other innocent inmate as well. You don't have any doubt that he means what he says. What should you do?
Table Mess At MaDonald's

        At McDonald's, you can leave your Big Mac meal remains on the table or clean it up yourself.             
        Someone is getting paid minimum wage to clean it up. Do you simply walk away or dump the trash 
        first?




How About These?

1. You are a pain clinic owner who can recklessly fill out prescriptions for cash.
2. You are a member of the community who can choose to ignore action against a county-wide drug epidemic.
3. You are best friends with a drug addict who can report the abuse to an agency that will help.
4. You are someone with direct knowledge of criminal activity who can report it to authorities.
5. You are a person who can choose to let others do what they want as long as they don't bother you.

"The conscience should not be evaded, since it tells us inwardly how to live in conformity to Gods will, and by severely censuring the soul when the mind has been infected by sins, and by admonishing the erring heart to repent, it provides welcome counsel as to how our defective state can be cured."
-- St. Philopheos of Sinai





Monday, June 14, 2010

A Love Poem, I Think



Innocence of Being

The energy of love sustains
The life force or our being
As a form free of creation or destruction.

At its core lay the energy of innocence
Whose wants and desires and mysteries
Project degrees of our self perception.

Others arouse this innocence
Setting careless flames to our self perception
By holding mirrors of scrutiny too close.

So we walk fire with self and simply react
To the disharmony inherent in our disease,
And we believe nothing is lost and nothing is gained.

Accepting the physical nature of all humans
As flesh, muscles, bone, and tissue,
We lose unconsciousness to grasp a love of fleeting reality.

We deny the trinity of love in frantic, convulsive action
Instead of total absorption in the not-I
Of one beyond the separation of individual identity.

But, again, the Promethean flame rises steadily from within
The whole-E spirit formed in darkness before mentality.
And the everliving energy of love shields the core of innocence.

Physically renewed, we remain grounded as pilgrims on Mother Earth
Yet prone to search for the Home of perpetual love
Until the pendulum stills and an unrealized virgin energy answers.