Archive for February, 2017

Missouri Republicans’ push to limit lawsuits could have unexpected beneficiaries: themselves – STLtoday.com

Missouri state Sen. Gary Romine, sponsor of a bill that seeks to make it harder to sue businesses for racial discrimination, says the measure will improve Missouris legal climate.

It also could improve Romines personal legal climate, making it less likely that his rent-to-own furniture business will face any more racial discrimination lawsuits like the one it has been embroiled in for almost two years.

Romine, R-Farmington, isnt the only lawmaker in Jefferson City who is trying to change the law to protect businesses from lawsuits in ways that could theoretically protect his own bottom line as well.

Another Republican senator, who is a veterinarian, is sponsoring legislation to put new limits on malpractice suits against veterinarians. And the Senates top Republican is trying to change a state consumer-protection law that is currently being used to sue one of his biggest campaign contributors.

The proposals are in keeping with the promise Missouri Republicans have been making for years: to rein in what they allege is an out-of-control civil litigation system that hurts the states business landscape. With the new Republican control of virtually every lever of state government that went into effect last month, it was a foregone conclusion that bills of this type would start moving through the Legislature.

Still, the pace of it has surprised even statehouse veterans.

This has been one of the most ambitious agendas weve ever seen to limit access to the courts, said Sen. Scott Sifton, D-Affton. Like many other Democrats, he argues that such limits can infringe on the rights of injured plaintiffs who have legitimate complaints against businesses.

And the appearance of conflict of interest in at least some of the bills is absolutely concerning, says Jay Benson, president of the Missouri Association of Trial Attorneys, a group that frequently donates to and supports Democrats.

This is all being presented with the suggestion that our tort system is bad for business. Its not bad for business; its bad for bad business, said Benson, who calls the proliferation of such bills an epidemic. The civil justice system is designed to hold people accountable when they do bad things.

Republicans and pro-business groups counter that what they call frivolous lawsuits create costs not just to individual defendants but to Missouris entire business climate.

My office has already received an exceptionally good response from members of the business community to the bill putting new restrictions on lawsuits alleging discrimination by businesses, Romine wrote in an online column recently. It will go a long way toward reforming Missouris legal climate and improving our ability to grow existing businesses and attract new employers.

Lawmakers particularly in part-time, term-limited systems like Missouris are expected to bring their private-sector experience and perspective to their lawmaking. There is no one more qualified to write agricultural laws than a farmer, goes the thinking, or to write medical laws than a doctor, and so forth.

"I'm the person pursuing the legislation because I have first-hand experience with the situation," Romine said in an interview Saturday. As for an concerns that such legislation looks like self-dealing, Romine noted,"I have 33 other senators who have to consider it."

But others saywhen a business owner writes laws addressing conflicts between business owners and their employees, it inevitably raises the question of whether the employees are getting fair representation.

This kind of legislation just adds to the perception that legislators are benefiting themselves and using government to do it, said Dave Robertson, political scientist at the University of Missouri-St. Louis. Its fair to be concerned about the tort system, but the very specific benefits connected to the individual lawmakers really add the perception of corruption.

Romine owns the Show-Me Rent-to-Own chain of furniture stores in southeast Missouri. A Scott County lawsuit, filed in 2015 and still pending according to records, alleges that a supervisor at the chains Sikeston store routinely used racial epithets against a black account manager.

The account managers suit claims the supervisor also circled an African-American neighborhood on a wall map in the store with the notation Do not rent to written on it. The suit further claims that the account managers complaints about the supervisor went up the chain to Romine, but that he declined to take any action. (A defense filing in the suit denies that and all the other allegations.)

The account manager was later fired, on what the suit alleges was the pre-textual reason of using profanity. White employees routinely use profanity in Defendants workplace and are not disciplined, alleges the suit. It specifically claims that Plaintiffs race was a contributing factor to the account managers termination.

That last line is crucial because court precedent in Missouri says a fired employee can invoke the states anti-discrimination laws if discrimination was a contributing factor in the firing, even if it wasnt the only factor.

Thats one thing that Romines legislation, Senate Bill 43, would specifically change: to win a discrimination case, the plaintiff would have to show that discrimination was the primary cause of his firing, and not just a contributing factor.

It would also make it more difficult for plaintiffs to appeal their complaints into the civil court system if the Missouri Commission on Human Rights finds for the employer.

In his recent column, Romine notes his frustrating experiences with the current discrimination law. On three different occasions, I have had to go before the (Missouri Commission on Human Rights) as a business owner. In each instance, they determined the employees case had no merit, he wrote.

But in each case, he added, the plaintiff was allowed to sue in the court system, which opened the case up all over again.

In its current form, this system encourages individuals to pursue a meritless case simply to force a settlement, costing our small businesses time and money they do not have, Romine wrote. In an interview Saturday, Romine said the Scott County case is "a prime example of what needs to get fixed" in the system.

Sen. Dan Brown, R-Rolla, who has practiced veterinary medicine for more than 40 years, wants to place a two-year statute of limitations on malpractice or negligence actions against veterinarians.

His legislation, Senate Bill 88, would add vets like himself to the list of providers subject to the statute, including doctors, optometrists and other providers who treat human subjects.

Brown couldnt be reached for comment Friday.

Last week, Senate President Pro Tem Ron Richard had to field questions about whether his legislation to put new limits on use of the states consumer-protection law is designed to help out one of his largest campaign contributors: the Humphreys family of Joplin, which has given Richard almost $300,000.

David Humphreys is CEO of TAMKO Building Products Inc., which is facing a class-action lawsuit over allegedly defective roofing shingles it sold. The company is being sued under Missouris Merchandising Practices Act, the consumer-protection law that Richard seeks to change with his bill.

Richards legislation, Senate Bill 5, would, among other things, impose new requirements on people joining class-action lawsuits of the kind being pursued against TAMKO.

Critics, including the Missouri Association of Trial Attorneys, say the measure would effectively prohibit consumer-protection class-action suits under the statute. Richard told reporters last week that sounds like a great idea, but denied his bill has anything to do with protecting the Humphreys business from future litigation.

Kurt Erickson and Stephen Deere of the Post-Dispatch contributed to this report.

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Missouri Republicans' push to limit lawsuits could have unexpected beneficiaries: themselves - STLtoday.com

Letter: The real Republicans – Northwest Herald

To the Editor:

The most important thing for McHenry Township residents to remember when they vote for their township officials at the consolidated election on April 4 is that the Independents are the incumbents.

When the incumbent Republicans who held seven of the eight offices of McHenry Township government realized that they couldnt get their partys endorsement to be the Republican Party candidates for re-election, they decided to leave their party to run as Independents.

Things are so bad in McHenry Township that the new Republicans, who are now a majority of the party, said Enough is enough. Weve screwed up. We need to change. We need new members of our party to get elected and clean things up.

Most of the new Republicans have never held elected office before. They dont want to destroy their party. They dont want to abandon their party. They dont want to start a new party. They want to fix it.

Vote for the real Republicans.

Stan Wojewski

Wonder Lake

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Letter: The real Republicans - Northwest Herald

Washington, DC progressives screening out Trump-supporters in ads for roommates – Hot Air

posted at 5:21 pm on February 10, 2017 by John Sexton

The New York Times reports people posting ads for roommates in Washington, D.C. are adding a new caveat: Trump supporters need not apply:

In one recent ad, a couple in the area who identified themselves as open-minded and liberal advertised a $500 room in their home: If youre racist, sexist, homophobic or a Trump supporter please dont respond. We wont get along.

In another, two women in their 20s were searching for a roommate to take over a lavender-colored room in their Columbia Heights apartment for $550. The women detailed their love of happy hours, a good Netflix sesh, pho and tacos.

Were open to any age/gender identity/non-identity, they added, so long as you didnt vote for Trump.

Washington, D.C. lists political affiliation as a protected traitbut Sheila Salmon, a housing lawyer, tell the Times, Would it truly be rejection or discrimination on political affiliation? She adds, I think theres a reasonable argument to be made that its not. In Salmons view, screening out Trump supporters is the same as saying you dont want any nonsmokers.

It would certainly be interesting to see if this would hold up in court. What is the point of making political affiliation a protected trait if supporting the candidate for one of two major parties does not constitute political affiliation?

Keep in mind that not all of the traits protected by housing law are of the immutable variety, i.e. race, national origin, skin color, etc. Other traits such as religion, and gender expression have some element of choice involved. Political affiliation, like religious affiliation, is not immutable but is often a matter of deeply held conviction.

Its revealing that there is still one group of people against whom someprogressives are eager to discriminate. The desire by some on the left to remain inside the progressive bubble at all times seems childish, even if its not illegal.

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Washington, DC progressives screening out Trump-supporters in ads for roommates - Hot Air

Shenandoah Progressives meet, talk of their mission to fight for equality – The Winchester Star

WINCHESTER The day after President Donald Trump was elected, Winchester residents Jennifer Eden and Rachael Schoellen started Shenandoah Progressives.

According to the groups Facebook page, The purpose of this group is to promote progressive political action and social justice in the greater Shenandoah Valley area.

About 35 members attended the groups second meeting at the Hideaway Cafe on Friday night.

Blindly following a president is not American, Eden, 35, said. Standing up for the founding principles of this country is American. If we feel those principles are being squashed, its our obligation as patriots to stand up against it.

The group does differ from those similar in the area. Eden said instead of resisting the Trump presidency, she wants to see the group focus on progressive movements beyond the years of this administration. She also pointed out there is no mention of Trump in their mission statement.

While his election was the catalyst for starting the group, I had issues with the last administration and the administration before that, she said.

With President Obama, Eden was unhappy that he didnt undo the Patriot Act, which she said was a threat to civil liberties, and she didnt like the drone campaign.

Through Shenandoah Progressives, Eden wants to reach out to other groups in the fight for equality including the American Civil Liberties Union and the Winchester chapter of the National Association for the Advancement of Colored People.

We want to push forward with progressive ideals and equality for everyone, Eden said. I want a safe, open space where all voices can be heard.

In attendance at Fridays meeting was Pam Kennedy, a Frederick County Democrat in her mid-60s, who is exploring her avenues to promote positive social change. Although President Trump has been in office for three weeks, Kennedy said it feels like three years.

I am appalled, horrified and aghast at what is happening to our country, she said. There is nothing he has done in a positive way. It has all been destructive. Thats why Im here tonight.

Winchester resident Matthew Chonko, 28, was thinking about joining a progressive group in the area when he saw information about the meeting for Shenandoah Progressives in The Winchester Star.

I think there is a resistance of civic engagement on the left and the right, he said. Its important to be part of it. I support progressive values and the progressive idea.

Chonko is a language arts teacher in Berkeley County, W.Va.

I saw this as a good opportunity to get involved, he said. To be with like-minded people and have a positive impact in the community.

Eden presented members with a variety of committees they could join to promote the groups mission in the area. Members had the option to join committees focusing on local community outreach, equality and human rights, health care, the environment, education and legal reform.

We feel attacked from all sides, Eden said. In a committee we can focus on one issue, or two.

The committees will function as an autonomous group. Meetings of the Shenandoah Progressives will take place every six to eight weeks and will be announced within the Facebook group.

The first Shenandoah Progressives meeting was held in November, but Eden said they decided to pump the breaks until after the inauguration. After President Trump was sworn in the group grew in size and now has 545 members on Facebook. Members include residents of Washington, D.C., and Harrisonburg.

The group was also instrumental in organizing the Winchester Womens March on Jan. 21, which drew 1,300 people downtown.

The Shenandoah Progressives is holding a postcard party at 2:30 p.m. Sunday at the Hideaway Cafe. They will send postcards to members of Congress, senators and the White House. The issues addressed will depend on the person writing the postcard. Scripts and a list of issues will be available for those who dont know what to write.

Shenandoah Progressives is not affiliated with a larger group.

We are our own thing, Eden said. We can shape this group however we want. We have a lot of flexibility of what we can do and how we can grow.

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Shenandoah Progressives meet, talk of their mission to fight for equality - The Winchester Star

How Troy Jackson’s son thinks progressives can try to draft his father for governor – Bangor Daily News

Good morning from a cold, post-blizzard Augusta, where Maine Democrats are on the hunt for someone to lead them out of the political wilderness after the 2016 cycle that brought you President Donald Trump, aided by a win in the 2nd Congressional District.

Its leading to calls among Democrats to draft Maine Senate Minority Leader Troy Jackson, D-Allagash, to run for governor in 2018. The longtime lawmaker has only gained stature in the party of late as the top surrogate here for Bernie Sanders during the presidential caucuses.

The Vermont senator beat eventual Democratic nominee Hillary Clinton easily in Maine. Jackson, a plain-speaking logger and labor Democrat, is perhaps better positioned than any state-level politician to capitalize on the Sanders-type brand now having a moment in the party.

Until now, Jackson has ruled out running to replace the term-limited Gov. Paul LePage in 2018, citing the financial toll of his unsuccessful 2014 primary run for the 2nd District, which was marked by big-money Democratic groups who rallied behind Emily Cain and against Jackson.

But these fresh calls have gotten the attention of Jacksons son, Chace, who authored a public Facebook post on Thursday saying people have been expressing this sincere hope that his father will run, but I dont know what he ought to do and we really dont talk about it.

Noting that hell catch hell for writing the post, Chace Jackson laid out what progressives should do to draft his father, including avoiding a repeat of 2014 by not only lobbying him, but urging legislators, progressive groups and Sanders political organization to get behind him.

Imagine how dominant a Jackson campaign could be in a primary by fusing the massive base of Portland progressives with rural populists in Aroostook, Oxford, and elsewhere? he wrote. Thats not just a winning primary campaign, thats the nucleus of a winning Democratic (coalition) against the Republican nominee and a new dawn for Maine Democrats.

Its worth noting that former U.S. Rep. Mike Michaud tried that in in 2014 and lost to LePage, who got more support in Michauds own 2nd District. That longtime blue-collar Democratic district helped elect Trump and is represented now by second-term Republican Bruce Poliquin.

Any Democrat will have a hard time turning the rural tide, but Sanders win may have showed a path forward for the party in Maine. Whether Jackson will be that movements chief standard bearer will be a top question in state politics this year. Michael Shepherd

With tips, pitches, questions or feedback, email us at politics@bangordailynews.com. If youre reading The Daily Brief on the BDNs website or were forwarded it, click here to get Maines only newsletter on state politics and policy delivered via email every weekday morning.

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How Troy Jackson's son thinks progressives can try to draft his father for governor - Bangor Daily News