Submit a link Features Reviews Podcasts Video Forums More ▾

Bank forecloses on wrong house, changes locks, steals tons of stuff, won't compensate owner in full


On Popehat, Ken details the astounding story of Katie Barnett, whose home was burglarized by agents of the First National Bank of Wellston, Ohio, who mistook her house for one that they were foreclosing upon. The bank broke into her house, changed the locks, and got rid of many of Barnett's possessions.

The local police refuse to get involved, and the bank's CEO, Anthony S. Thorne, is refusing to reimburse her in full for her possessions, which were stolen and destroyed by his company. Thorne says that because Barnett can't produce receipts for all of her goods (because who does that?) (and also, even if she had, they'd have been in her burglarized house), and because her recollection of her stuff doesn't match the "inventory" of the bungling bank employees who stole everything she owned, he will not pay her full compensation.

Read the rest

Med Express uses broken Ohio law to silence critics who say true things

Are you a lawyer in Ohio? If so, your pro-bono services are urgently needed to defeat a trollish, bullying legal action from Med Express, a company that sells refurb medical equipment on eBay. The company is suing one of its customers for providing accurate, negative feedback on eBay's comment system, trying to establish a precedent that saying true things on the Internet should be illegal if it harms your business. They're relying on the fact that Ohio has no anti-SLAPP laws -- laws designed to protect people against the use of litigation threats to extort silence from critics -- and have admitted that, while they have no case, they believe that they can use the expense of dragging their victims into an Ohio court to win anyway. Ken from Popehat has more:

This is the ugly truth of the legal system: litigants and lawyers can manipulate it to impose huge expense on defendants no matter what the merits of their complaint. Censors can abuse the system to make true speech so expensive and risky that citizens will be silenced. Regrettably, Ohio does not have an anti-SLAPP statute, so Med Express and James Amodio can behave in this matter with relative impunity. If Ms. Nicholls has to incur ruinous legal expenses to vindicate her rights, the bad guys win, whatever the ultimate outcome of the case.

Unless, that is, you will help Amy Nicholls stand up — not for $1.44, but for the freedom to speak the truth without being abused by a broken legal system.

If you are an attorney practicing in Medina County, Ohio, please consider offering pro bono assistance. Mr. Levy will be coordinating assistance, and I can tell you from personal experience that it is a privilege to work with him. Help give Med Express and James Amodio the legal curb-stomping they so richly deserve. Justice, karma, and the esteem of free speech supporters everywhere will be your reward.

If you aren't an attorney, you can help, too. Med Express should not be permitted to act in this manner without consequence. The natural and probable consequence is widespread publication of their conduct. Help by publicizing the case on Facebook, Twitter, on your blog, on forums, and on every other venue available to you. Ask yourself — would you want to do business with a company that abuses the legal system to extract revenge against customers who leave truthful negative feedback?

The Popehat Signal: Stand Against Rank Thuggery In Ohio

Parents in danger of having six-year-old daughter taken away for letting her walk to their local post office on her own

A reader of Free Range Kids is in danger of having his six-year-old daughter taken into protective services custody because he let her walk a few blocks to the post office in their Ohio town. The kid, Emily, asked for a little independence, and was given permission to take some unsupervised, short walks. Neighbors and cops freaked out, detained her, detained her parents, sent CPS after them, and has made their life into a nightmare -- one that's just getting worse and worse.

Day 41: We are served with a complaint alleging neglect and dependency. The County wants to take Emily into “protective supervision” or “temporary custody.” The complaint contains many factual errors and inaccuracies.

There is also a motion for “pre-dispositional interim orders.” As I understand it, this is a mechanism by which CPS can intervene even before the merits of the case against us for neglect are even heard, but less decided. It is scheduled to take place more than a month before the hearing on the neglect charge. It asks the court to force my wife and I to “allow ______ County Children Services to complete an assessment with the family. This is including allowing the agency access in the home, allowing the agency to interview the children, and participate openly in the assessment process.” In other words, they want to search our house, interrogate the children, and force us to testify.

We are trying our best to raise Emily to be responsible, curious, and capable. We have chosen to include teaching her about using the library, navigating the neighborhood, and mailing letters as elements of her homeschooling. Needless to say, this entire ordeal has been quite distressing for the entire family, and we view it as a threat to our homeschooling her, our parental rights, and both my and Emily’s civil liberties. Since our family is being threatened by legal action, I have tried to confine my comments to a dispassionate statement of known facts.

As Lenore Skenazy notes, this shouldn't deter you from letting your own kids move independently about their towns: "I am posting this story NOT because it is common and we should all worry about being hounded by CPS if we let our kids go outside. I am posting it in utter outrage at the idea that a child on her own could be considered neglected or in danger when she is so obviously, clearly, and indisputably neither."

They're looking for pro bono legal assistance.

6-y.o. Who Walked Alone to Post Office May be Removed from Her Home

Cory in Cincinnati today!

As I write this, I'm on my way to the airport, headed for Cincinnati, where I'll be doing an appearance tonight at Joseph-Beth Booksellers on the tour for Homeland, which hit the New York Times bestseller list last night. Tomorrow, I'll be in Miami and then I'll be in Chapel Hill. There's still lots more cities on the tour! Cory

Ohio GOP Secretary of State orders secret, last minute, unaudited software updates to voting machines

Republican Ohio Secretary of State Jon Husted has asked voting machine giant ES&S to install last-minute, unverified, custom firmware updates on the state's voting machines. This is highly irregular, and the details of it are shrouded in secrecy and silence -- the few, terse statements from Husted's office on the matter have been self-contradictory and unhelpful. On Salon, Brad Friedman tries to untangle the mess, and concludes that it's impossible to say what the new software in Ohio's voting machines actually does, nor why unaudited, unapproved software should be added to voting machines in a critical swing-state at the last minute, but that it's highly suspicious and possibly illegal.

I’d like to have been able to learn much more before running anything on this at all, frankly. But the lack of time between now and Tuesday’s election — in which Ohio’s results are universally believed to be key to determining the next president of the United States — preclude that.

So, based on the information I’ve been able to glean so far, allow me to try to explain, in as simple terms as I can, what we currently know and what we don’t, and what the serious concerns are all about.

And, just to pre-respond to those supposed journalists who have shown a proclivity for reading comprehension issues, let me be clear: No, this does not mean I am charging that there is a conspiracy to rig or steal the Ohio election. While there certainly could be, if there is, I don’t know about it, nor am I charging there is any such conspiracy at this time. The secretive, seemingly extra-legal way in which Secretary of State Husted’s office is going about whatever it is they are trying to do, however, at the very last minute before the election, along with the explanations they’ve given for it to date, and concerns about similar cases in the past, in both Ohio and elsewhere, are certainly cause for any reasonable skeptic or journalist to be suspicious and investigate what could be going on. And so I am …

One thing that Friedman doesn't say is that this all wouldn't be such a problem if voting machines produced voter-verified paper audit trails of their actions. That is, after you vote, the machine could print out a paper record of your vote, move it into position in front of a plastic widow so you could verify the vote, and then move it along into a locked audit-box. Virtually every other kind of digital tabulating device does this, from EEGs to ATMs to cash-registers. The technology is trivial. And it would give us the ability to verify, after the fact, whether the votes had been correctly counted and transmitted from each machine.

Update: Friedman updates via Twitter: "The machines in question are the tabulators. The machines already have 'paper trail'."

Is the GOP stealing Ohio?

Voter suppression: targeting the poor, the old, and students


The Atlantic's Andrew Cohen describes the seven-hour early voter lines at polling stations in Democratic strongholds like Miami, where Republican officials like Governor Rick Scott has reduced the number of early voting days, making it harder than ever for working people with marginal incomes to vote.

When the remaining restrictions were challenged in federal court, a George W. Bush appointee said there was no proof that the reduced hours would "impermissibly burden" minority voters. How many hours in line must a Florida voter wait before the burden upon her becomes an "impermissible" one? If Florida's election officials, and its Republican lawmakers, and its state and federal judges, all were required to stand in line for seven hours to vote those long lines would go away forever. You know it, I know it, and so do those officials.

How about Ohio, another "battleground" state governed by partisan fiat. Its election rules are administered by a secretary of state, Jon Husted, who just a few years ago was the GOP speaker of the state house. Like their counterparts in Florida, Ohio's Republican lawmakers sought to restrict wildly popular early-voting hours around the state. And again the federal courts blunted the impact of their new rules. So what has Husted done? He's focused his energy this weekend ginning up ways to justify discarding provisional ballots cast by his fellow citizens.

These are just two recent examples. There are more. But they all have a few core things in common. In each instance, elected officials are making it harder for American citizens to vote and to have their votes counted. And in each instance, the partisan restrictions are designed to impact the elderly, and the poor, and students. The Constitution gives power to the states to handle elections. But what we are seeing is one party's systemic abuse of that power to disenfranchise likely voters of another party. Don't believe me? Let's go to the videotape.

In Pennsylvania, House Majority Leader Mike Turzai was caught on tape this summer boasting about his colleagues' success: "... First pro-life legislation -- abortion facility regulations -- in 22 years, done. Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania, done." In Ohio, the Republican Party chairman of Franklin County, which includes Columbus, was even more blunt. Doug Preisse said, "I guess I really actually feel we shouldn't contort the voting process to accommodate the urban -- read African-American -- voter turnout machine."

No One in America Should Have to Wait 7 Hours to Vote (via Waxy)

(Image: It's a long, long line to vote early today here in Columbus, Ohio., by finneganlatimes/Michael Finnegan )