The Gallatin News

“If you can meet with Triumph and Disaster
And treat those two imposters just the same.”

~ From the poem “If…” by English writer Rudyard Kipling (1865-1936)

By JIM HAWKINS

Living in Middle Tennessee, I am alert to severe weather watches, and for good reason. My home and neighborhood were hit by a deadly tornado in April 2006. I witnessed and helped victims in the aftermath of the Super Tuesday tornado in February 2008 that struck Sumner, Trousdale, and Macon Counties; and I waded and swam in flood waters to secure neighbors’ property during the May 2010 flood.

Tennessee has a law against price gouging following disasters. With my personal hope that you never need its protections, here are some Q’s and A’s about this special law.

Q.        What do you mean by “price gouging”?

“Price gouging” happens when businesses sharply raise the prices of their goods and services after a high profile event, such as a natural disaster or an act of terrorism.

Q.        Does Tennessee have any laws against price gouging?

Yes. After the terrorist attacks of Sept. 11, 2001, a few businesses in Tennessee unfortunately took advantage and engaged in price gouging.

In the spring of 2002, the Legislature passed the Tennessee Price-Gouging Act. This law deals with businesses that jack up prices after a disaster for “goods and services that are vital or necessary for the consumer.”

Q.        When and where does the anti-price-gouging law take effect?

The law takes effect whenever there is a declared state of emergency, and in the counties or towns that are covered by the state of emergency.

The President of the United States and the Governor of Tennessee can each exercise the power to declare a state of emergency. The law stays in force and effect until the state of emergency is officially ended.

Q. What kind of teeth does this law have?

‘Sharp ones.’ It is a Class B misdemeanor crime for businesses to charge prices for goods and services that are “grossly in excess” of the price charged immediately before the disaster.

Penalties are up to $1,000 per violation. The law applies to:

• Food items
• Repair or construction services
• Emergency supplies
• Medical supplies
• Building materials
• Gasoline
• Transportation
• Freight
• Storage services and
• Housing

Q.        What should I do if I believe that price gouging may be happening?

Consumers are encouraged to report any suspicious price hikes to 1-800-342-8385, which is the Consumer Affairs Division for the State of Tennessee Department of Commerce and Insurance.

Q.        Are there any other laws in Tennessee that fight price gouging?

Yes. The Tennessee Consumer Protection Act treats price gouging as an “unfair and deceptive act or practice.” If a court finds that the TCPA has been violated, then the court can award a consumer triple monetary damages plus attorney fees.

It is also a crime to charge an inflated price for any vaccine or inoculation when a medical emergency has been declared by the State of Tennessee Commissioner of Health.

Extra Consumer Tip: After a local or even a distant disaster, such as the Boston Marathon bombing, bogus charities often pop up and falsely claim to collect money for the victims. The Tennessee Secretary of State keeps a list of registered, legitimate charities at state.tn.us/sos/charity. It’s a good idea to do research and check the list of charities before you give.

James B. (Jim) Hawkins is a general practice and public interest law attorney based in Gallatin. This column represents legal information, and is not intended to take the place of legal advice.  All cases are different and need individual attention. Consult with a private attorney of your choice to review the facts and law specific to your case. Call (615) 452-9200 to submit topics for future columns.  

“All that is necessary for the triumph of evil is that good men do nothing.” ~ Edmund Burke, Irish orator, philosopher, and politician (1729-1797)

Professor David O’Brien, the University Professor of Faith and Culture at the University of Dayton in Ohio, last year wrote a quiet but stirring essay called “Learning From 9/11.” I was struck by these words from O’Brien:

“History is not made by somebody else in some other time and place. No, we ourselves make history by our choices. The meaning of 9/11, an example of history as story, will be constructed from the choices we continue to make in its wake.”

We are called to speak and act with love, with bravery, and with sacrifice to our comfort, in order to oppose evil. Sometimes evil can manifest itself with less visible victims, when addiction, anger, greed, or cruelty results in child abuse. We must act by speaking out.

And, if more than moral encouragement is needed, Tennessee law makes it mandatory, or legally required, to report child abuse and neglect. This law applies to all persons.

Q. Who is required to report child abuse and neglect?

Tennessee law says that a person must report child abuse if that person has knowledge, or if it reasonably appears, that any child’s wound, injury, disability, or physical or mental condition was caused by brutality, abuse, or neglect.

For child sexual abuse, a mere reasonable cause to suspect that a child has been sexually abused requires a report to be made.

Congratulations! You have just been granted a wish to go somewhere or do something that you would really enjoy but have never had the time, money or means to make it happen. What would it be?

A trip to Disney World? A ride in an air balloon? Maybe a return visit to your childhood residence.

I’ve always loved to travel so I’m sure I’d choose a special trip. In the United States, I’d love to spend some time out west to explore Yellowstone National Park and the Grand Tetons. I could easily visit four hard-to-get-to states that have escaped my list of visited states; Wyoming, Montana, Idaho and Utah.

Outside of the U.S., I think an extended tour to visit most European countries would really be special.

My mother speaks fondly of her young married days in Arizona and while she always says, ‘I’m sure it’s changed a lot,’ she would love to go back and visit that area one more time.

The opportunity to fulfill such a wish actually happened recently for Donald Colburn, PhD.

“The number of texts [SMS, or Short Message Services texts, sent via cellphones and computers] is expected to exceed 9.6 trillion in 2012.” ~ Portio Research

The use of text messages and other electronic messaging continues to grow. Like other forms of communication, texting and electronic messaging can become offensive – or illegal.

In the fall of 2009 a woman in Hendersonville was arrested for violating the “no-contact” portion of an order of protection by sending an electronic “poke” message through Facebook to the victim. A violation of an order of protection is a crime.

Tennessee has a strong order of protection law. The law can be used when adults or minors have been threatened or hurt by current or previous relationship partners or relatives. The law also applies when victims’ belongings have been vandalized or destroyed by a current or previous partner or relative.

The Tennessee legislature has added stalking and sexual assault as stand-alone grounds for getting an order of protection – regardless of whether the victim had a relationship or kinship with the stalker or assaulting attacker.

Stalking can include harassment – including harassing text messages.

Q.        My ex-boyfriend won’t stop texting me, even though I told him to stop. I am scared. What should I do?

Immediately call the police or sheriff’s office and make a report of the contacts. What you describe is harassment, which is a Class A misdemeanor, whether done in person or by telephone, writing, e-mail, or text message.  If these contacts cause fear or intimidation, then the crime of stalking may be happening.

The older I get, the less likely you are to find me in a large crowd.

In my younger days, I stood in long lines and fought the masses to enjoy things that were important to me at the time. I’ve climbed ‘The Hill’ in Knoxville along with thousands of others to watch the Big Orange run through the “T” in person. I’ve spent what seemed like hours searching for a place to park and still have to walk a mile or so to get the stadium for a Titan’s game, only to have to climb about another mile straight up to sit in the cheap seats. On a few occasions, I’ve even waded through throngs of humanity for a music concert, though I’ve never wanted to see anyone perform so bad I would campout on the sidewalk the night before just to make sure I got tickets.

Whether my lack of interest for such activities today is due to getting older, getting smarter, or just not having the patience for dealing with it anymore, I have definitely decided these activities are best viewed from the comfort of my recliner.

Despite all of that, there I was Sunday afternoon in downtown Nashville among the masses, standing in a long line; waiting. I wasn’t there for the Titan’s game, though the streets were full of people wearing Titan and Lion’s gear (and one lost fella wearing a Chicago Bears t-shirt). I wasn’t there for the Carrie Underwood concert at Bridgestone Arena, though the streets were packed with young ladies wearing their cowboy hats and boots. I wasn’t there to visit any of the dozen places to eat, drink, listen to honky-tonk music or buy western wear or cheap souvenirs. And I wasn’t there to join the tourists in snapping photos of bigger-than-life sized guitars or the less-than-life sized Elvis statue.

Photo by Tanya Long-Garro / Reflections by TanyaAll of Sumner County was rocked this week by the sudden loss of Dr. Gary Cohen and his wife Nancy who died in a plane crash in Alabama while returning home from Florida. While we mourn the loss of any of our neighbors, and it happens every week, this loss is far reaching because of the public lives these two lived and the large number of people that they influenced in a positive way.

One of those people is my wife, Judy, who worked the last 16 years of her dental assisting career with Dr. Chris Givens in White House. Judy was off every other Friday because Dr. Cohen and his staff would use their office space to provided orthodontic services to the White House community. He also met patients in a satellite office in Gallatin. Like so many others, Judy was stricken by the bad news. She shared stories of acts of kindness by the Cohens including gifts on special occasions to Dr. Givens’ staff as if they were his employees. She also attended several functions hosted by the Cohens where she met Nancy and greatly enjoyed their company.

On their recent visits, Judy mentioned that Dr. Cohen spoke often about how much he was enjoying his grandsons, Steven and Jonah.

Dr. Cohen specialized in giving people, especially teenagers, beautiful smiles through his orthodontist practice. He operated Smile Construction in Hendersonville for 20 years. Nancy was the smiling face behind the counter of Perkins Drugs in Gallatin for many years, dispensing warmth and advice along with the medicine.

The Smile Construction Facebook page is covered with pictures of Dr. Cohen and his young patients, many smiling to show off their new braces and others smiling to show off the final results. Either way, Dr. Cohen was bragging on how great each of them looked, even with the braces.

“If nature had arranged that husbands and wives should have children alternately, there would never be more than three in a family.” - Lauren Housman, British artist, writer, and playwright (1865-1959)

Just over 30 years ago, women who were expecting a child could not expect protection from discrimination at work. Married women faced job discrimination and pregnant women were often fired.

It got worse. In 1976 the U.S. Supreme Court ruled in “General Electric v. Gilbert” that an employer could legally discriminate against a pregnant worker and deny benefits for her pregnancy-related disability. 

The Gilbert ruling triggered a strong reaction. Women’s organizations, labor and civil rights advocates, and right-to-life groups ‘found common ground’ and formed a coalition to end such discrimination.  In 1978, Congress passed the Pregnancy Discrimination Act, which established, and required employers to respect, the rights of pregnant women.

Q.        How does the Pregnancy Discrimination Act protect workers?

It establishes as the law of the land – applying across all 50 states – that discrimination on the basis of pregnancy, childbirth, or related medical conditions is unlawful under Title VII of the Civil Rights Act.

This means women who are pregnant or have related conditions, including infertility or reproductive failure, must be treated in the same manner as other applicants or employees with similar abilities or limitations.

This law applies to all employers with 15 or more employees, including state and local governments, employment agencies, and the federal government.

 “True peace is not the absence of tension; it is the presence of justice.” ~Dr. Martin Luther King, Jr., American civil rights activist and leader, 1929-1968

 Some crimes make headlines: Assault – Robbery – Homicide - Drunk driving

Unfortunately, the victims of these violent crimes often suffer long after the headlines.

From helping hundreds of domestic violence survivors, I am aware that many folks don’t know about Tennessee’s Criminal Injuries Compensation Program.  Here are some Q’s and A’s about this program. 

Q.        What does this program do, and who pays for it?

This program is operated by the State of Tennessee Treasury Department. It makes payments of up to $30,000 to victims of crime, or their families when a victim is killed.

The money to help innocent victims comes from fines, penalties, and fees set by the Legislature, which courts assess against persons convicted of crimes. 

My friendship with Weyman Terry was way too short. News of his death on Sunday caught all of us by surprise. I’m told he was in great spirits at church Sunday morning and went home to watch the game. Before dark had settled in, the 87-year-old proprietor of Terry’s Market had left us.

Just a few months ago I heard the news that the extension of Albert Gallatin Boulevard was going to run through the middle of the market that had served the community for at least 60 years. Being a lover of country stores, I was a bit sad to hear the news.

I had been in the market a few times over the years but I had never officially met Mr. Terry. I decided his story needed to be told before progress marked the end of a local landmark.

On my first visit, I walked up to the man behind the counter, introduced myself and proceeded with a sales pitch on doing a feature story on him and the store. The 65-year-old Ronnie Terry told me I was talking to the wrong guy. I’d have to ask “Daddy” about it.

That’s when I saw a blur of orange moving around behind the meat counter. Wearing his trademark “UT” orange polo pullover, Mr. Terry was busy waiting on a customer. I moved to the counter just in time to hear him ask, “And what else?” The question seemed to remind the customer that he also needed a few smoked pork chops to take home.

I waited around until there were no customers in line and finally introduced myself and explained my reason for hanging around. He was pleasant but he wasn’t interested a bit in having a story written about him. I was a little surprised. Most every small business person would jump at the chance to generate some free publicity. Not Mr. Terry.

"We are only tenants, and shortly the great Landlord will give us notice that our lease has expired.”  – Joseph Jefferson, great American actor and comedian (1829-1905)

According to the 2010 U.S. Census data, 30.3 percent of Tennesseans live in rented housing units. With 2,812,133 housing units in Tennessee in 2010, this means there are now about 852,076 rental homes and apartment units in our state.

Foreclosures have been increasing. Unfortunately, some landlords have defaulted and have not paid their mortgage payments on the housing units they rent. Tennessee families and individuals whose rented homes were foreclosed have lost their homes with little notice.

Renters now have some legal protection when their landlords default on mortgages. A federal law that took effect in 2009 now helps protect renters during foreclosure in all 50 states.

Q. How does this new federal law protect renters?

This law protects tenants when their rented homes fall into foreclosure due to landlords’ failure to pay their mortgages.  It is called the “Helping Families Save Their Homes Act.”  The law has recently been extended and is now in effect through December 31, 2014.

Under this law, tenants have the right to stay in their rented homes and units and pay rent for 90 days after the date of transfer of title due to foreclosure, or through the remaining term of their written lease, which could be longer than 90 days. Rent is paid to the “successor in interest” who takes legal title to the rented unit through the foreclosure process.

When I was younger I would smile when older people would say ‘the older you get, the faster time passes.’  It didn’t make sense to me. Old folks had 24 hours in a day and seven days in a week just like I had. Time couldn’t pass any faster for them than younger people.

However, with each birthday moving me a little closer to those ‘older people,’ I’m beginning to realize exactly what they meant. Time certainly seems to pass faster between each birthday now than when I was a kid, or even a young adult. I suppose it has something to do with how much we used to look forward to birthdays versus how much we now dread them.

Time drug by when I wanted desperately to be a teenager to officially shed my ‘little boy’ status and earn the right to hang with kids a little older than me. And the three years from 13, when I thought I was big enough to drive, to 16, when it was actually legal, took forever. I was anxious for landmark birthdays of 18 and 21 and time passed at normal rates through the big 3-0. I suppose it was the 40^th birthday when I began to wish they would slow down and time seemed to start picking up speed. Before I knew it, I was celebrating a half century of breathing with the clock spinning a little faster and my brain going to new places like ‘retirement’ or ‘never can retire.’

The theory of time passing faster for me now was proven once again this past weekend as I celebrated one-year in my “new job” as a newspaper editor. It doesn’t seem like a full year since this ride began but it has, and what an eventful year it’s been for me.

For 12 months I’ve been knee- deep in gathering the news of Sumner County; from tragedies to celebrations, from political squabbles and budget shortfalls to amazing stories of perseverance and victory.

“Children are often the silent victims of drug abuse.” ~ Congressman Rick Larsen, Washington State

“It’s important to talk about it. You raise awareness. But you can also prevent it (child abuse) by letting it not be a secret.” ~ Christine “Chris” Witty, U.S. Olympic speed skating gold medalist, who was abused from age 4 through 11 by a trusted neighbor and kept the secret for years

Tennessee’s juvenile courts are not just for kids under 18 who commit crimes. Juvenile courts also protect children and youth who are dependent or neglected, or who are victims of abuse. 

The court decides where these kids and teens will live, who they will see, and what kinds of help they will get.

What are your rights if you are a teen or child in this situation?

Here is a list of such rights from the Tennessee Youth Advisory Council, a group of current and former foster youth.

1. You have the right to be told about your court hearings ahead of time. You should be told when and where the hearing will be, and what the hearing will decide.

2. You have the right to be at all court hearings about you. They are deciding your life. You need to be there and say what you want. Your DCS case manager should make sure you get to the hearings.

3. You have the right to have your own lawyer that the court gets for you. Your lawyer is called a Guardian Ad Litem (G-A-L) and should be at all your court hearings. (“Ad Litem” is pronounced ADD-LIGHT-EM and is a legal Latin phrase that indicates the lawyer is a guardian “for the purposes of the legal action only.”)

Like most folks in this area, I’ve been enthralled by the Goodlettsville All Star team and their amazing run to the United States Little League Championship. They have exhibited maturity beyond their years, an ability to persevere through hard times to be rewarded with victory and great sportsmanship; all wonderful lessons for society to learn from this group of 11-13 year olds.

One particular interview caught my attention this week when a couple of eight-year-old Goodlettsville baseball players said that Brock Myers and Lorenzo Butler were their favorite players and they wanted to play like them so they could be in the World Series one day. It made me realize the impact these young men have on even younger players. Like it or not, these guys have become role models.

Truth be told, we are all role models to someone. We choose daily to be a good role model for whoever is watching us (our kids, our friends, our co-workers) or to be a not-so-good role model. Either way, someone is watching each of us and learning from our behavior. And whether we should or shouldn’t, America turns their sports figures into role-models.

I was reminded recently of how even local athletes can impact kids younger than them.

I was sitting in the waiting area of a local car repair shop a few Saturdays back when I struck up a conversation with a young man who was also killing a perfectly good Saturday without wheels (I know you are all shocked that I would start a conversation with a stranger in a public place). After a while, we were joined by another young man who overheard me say something about attending Madison High School. That pulled his attention from that little electronic device he had been holding and staring at ever since he sat down. “My dad went to Madison High School,” he told me. So I asked, “Who’s your dad?” Lonnie Sadler was his answer, to which I replied “THE Lonnie Sadler?” He smiled and said, “That Lonnie Sadler right there,” pointing to a still athletic looking man about five years my senior.

“Nothing in fine print is ever good news.” ~Andy Rooney, American radio and TV journalist and commentator (1919-2011)

When I meet with clients to help write or update their wills, I always ask these key questions:  “Do you have any retirement benefit or pension accounts – and have you updated your beneficiary designations?”

That is because the law is now clear that when a person with a retirement benefit account or pension account dies, any remaining proceeds from the plan go to the named beneficiary – regardless of what is in the person’s will, and regardless of any of the terms of agreements included in divorce decrees.

In 2009, the United States Supreme Court issued a unanimous decision that allowed a deceased man’s ex-wife to receive $402,000 from her ex-husband’s workplace savings plan – even though their divorce decree stated that she gave up all right to such funds.

Q. What happened in this case?

William Kennedy worked many years for DuPont.  Early in his career, William started saving money in DuPont’s “Savings and Investment Plan” (SIP).

In 1971 William married Liv Kennedy.  In 1974 William signed a SIP beneficiary form and made Liv Kennedy his sole beneficiary for his SIP account.

William and Liv divorced in 1994.  The divorce decree stated that Liv gave up any ‘right, title, interest, or claim in any retirement plan, pension plan, or other employment-related plan’ belonging to William Kennedy. 

Set television to correct channel. Check!

Make sure recliner is empty and ready to use. Check!

Get out snacks and sodas. Check!

Make sure remote control is working and at hand. Check!

Sound like I’m getting ready for football season? Maybe hunkering down on a Sunday afternoon to get my first glimpse of the Tennessee Titans and their new quarterback, Jake Locker? It’s a logical assumption given the time of year and my undying passion for all things to do with the pigskin. But it’s a wrong assumption.

This Sunday the checklist was to make sure I had everything ready to watch a bunch of 12 year olds play a baseball game. But it wasn’t just any group of 12 year olds and not just any baseball game. It was the Goodlettsville All Stars playing in the Little League World Series.

Through the years, I’ve gone to my share of baseball games to watch the kids of family and friends play the game. It usually provides more opportunity for community socializing than good baseball. I’ve seen my share of kids running the wrong way on the base path, not running when they should have been or missing most of the game because they were too busy picking dandelions in the outfield.

 When we get these thruways across the whole country, as we will and must, it will be possible to drive from New York to California without seeing a single thing.

                                                         -John Steinbeck, Travels with Charley, In Search of America

 Even after being forced to read John Steinbeck’s The Pearl and Of Mice and Men in high school, I wouldn’t have listed him as one of my favorite authors. I knew he was a great writer and known for other acclaimed works like Grapes of Wrath, but I honestly didn’t know much about him.

 But after listening to the audio recording of Travels with Charley, In Search of America, which I ran across at the public library, he is now definitely on my list.

Years after he published his most famous works, Steinbeck, at the age of 58, decided in 1960 to re-connect with America by taking a three-month, cross-country trip in a pick-up truck with a custom camper with only his poodle, Charley, as his companion.

I found it highly entertaining to hear his observations about 1960 America and learned a lot about our country and a lot about Steinbeck himself. The book is full of great quotes like “I wonder why progress looks so much like destruction,” and “We do not take a trip; a trip takes us.”

“We learn geology the morning after the earthquake.” ~Ralph Waldo Emerson, American essayist, poet, and lecturer (1803-1882)

Only a year ago, on August 23, 2011, an earthquake centered in Virginia was felt by millions of Americans living in states along the East coast.

Many Tennesseans assume that their home and business insurance automatically covers damage from earthquakes. They are wrong.

This column focuses on the fact that automatic coverage for earthquake damage has been dropped from many standard insurance policies in Tennessee.

Scot and Jayne England Hendersonville resident Scot England got a couple of chuckles reading the observations inspired by my 8^th grade annual a couple weeks back. Seems he was also a “really nice guy” who ‘ranked’ his friends by numbering their photos. We must be kindred spirits.

Scot was kind enough to send me an email to share the memories the column brought back to him. Turns out, Scot and his family are newcomers to Sumner County. They moved here last December when he took a job as News Anchor for the RFD/RURAL TV Networks in Nashville. He had been a News Anchor in Illinois for the past 15 years. He was previously the weekday morning anchor at WAND-TV in Decatur, Ill.

We exchanged a few emails and, like I always do to newcomers, I asked how he chose Hendersonville for his new home rather than our neighbors south, east or west of Nashville. I like to find out why people who are going to move to the Nashville area choose Sumner County for their home. Usually they are drawn to the lake or perhaps they knew someone here and they influenced them.

With Scot England, it was more like destiny.

Every day we pass by people in Sumner County who are doing remarkable things but most of the time we never know it. It’s not socially acceptable to run up to a stranger and ask them to tell you their story. You do that too many times and you might find yourself locked away somewhere.

On the other hand, I get paid to be nosey. It’s a great perk of the job. On a regular basis I call up someone I’ve never met and ask them to tell me their story so I can tell everyone else. On occasion I get turned down and sometimes I have to do a little convincing to assure them that other people will be interested in what they have to say. Most of the time it works out well.

I heard of one of those folks who are doing remarkable things this week. Gallatin resident Donald L. Samuels will be in Las Vegas on Saturday to deliver his farewell address at Disabled American Veterans 91^st National Convention. For the past year he has served as the organization’s National Commander.

A Sumner County man who represented 1.2 million DAV members at a joint meeting of the House and Senate Veterans’ Affairs Committees during the organization’s Mid-Winter Conference.

A Sumner County man who visited the White House to discuss veterans issues with President Obama and the First Lady. He also represented DAV at a special White House dinner for veterans of the Iraq and Afghanistan wars, one which he called an inspiring event.

"The way I see it, if you want the rainbow, you gotta put up with the rain."  ~ Dolly Parton  

During home repairs and improvements, there can be a few “storms,” especially in the three main areas of disagreements that arise between homeowners and contractors:

• Changes
• Money issues, and
• Getting the job finished properly.

Written agreements between homeowners and their contractors help make for good communications and clear expectations.

Q.  What if I need to make changes after the work begins?

You and the contractor should agree in writing on any changes in the work or the price. Both of you should sign the paper describing the changes.

Q.  When do I need to pay for the work?

It is a good idea for your contract to say you will:

• pay no more than 20 to 35 percent at the start;
• make progress payments as the work is done; and
• hold back 20 or 25 percent at the end until the work and “punch list” are complete.

Q.  What if I need to borrow money to pay for the work?