A warning tonight from the Better Business Bureau of Middle Tennessee:
“Never allow your insurance company to write a check to both you and the contractor doing the repair work on your home.”
The warning comes after I share with the agency the story of north Nashville resident Jeff Turner.
The Metro Water worker says his roof sprung a leak in mid-October. He says his insurance company authorized a repair job for $5,400. Turner signed a contract with a roofing company to do the job, and he thought that was the end of it.
That was months ago, and Turner still has a gaping hole in the ceiling of his workout room, and multiple buckets on the floor to catch the water.
Here’s the problem – The insurance company cut a check to both Turner and the roofers. The roofers cashed the check but never fixed the roof.
That was on December 2, two months ago.
I call the roofing company and begin asking for answers.
An owner gets back to me. I ask why he pocketed the $5,400 when he hasn’t fixed the roof. The owner tells me that the weather has held him up and said his contract allows him three months to finish a job.
Three months to finish the job?
Mr. Turner says he has checked the contract and he doesn’t see anything in the fine print claiming the company has 90 days to complete a job.
When I tell Kathleen Calligan with the BBB about this she admonishes all citizens: Do not sign a contract with a company that takes the money up front and then claims they have 90-days to fix the roof.
Calligan warns consumers to demand insurance checks be written to you the consumer, since it is you the consumer, she says, who pays the premium.
Calligan also says don’t pay the contractor a dime till the job is completed.
I checked with the BBB and the roofing company in question has a good record.
We are not naming the roofer, because by phone, he promises that Mr. Turner’s roof will be fixed soon, weather permitting.
A Brentwood man is suing a State Park Ranger in Federal Court alleging his civil rights were violated.
This story stems back to a December 20th encounter at Radnor State Park. Leonard Embody was carrying an AK – 47 Pistol while walking the hiking trails.
Park Rangers detained the former Williamson County School bus driver until Metro Police and the ATF arrived.
After several hours, authorities determined the weapon was a “handgun” and didn’t violate the guns in parks law. Mr. Embody was released.
Now it’s happened again.
On January 23rd, Embody was stopped on Belle Meade Blvd near the Belle Meade Country Club.
A little after 5pm, it begins growing dark. Embody was carrying a black powder pistol, also known as an Army – Navy pistol, in his open hand.
Police detained Embody, who insisted that he was not breaking any laws. Police disagree.
Belle Meade has an antiquated gun law that was first created in the 1870’s. It was amended a hundred years later, but it still has many loopholes when it comes to weapons:
CHAPTER 6
11-602 WEAPONS AND FIREARMS GENERALLY
It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any razor, dirk, knife blackjack, brass knuckles, pistol, revolver, or any other dangerous weapon or instrument.
Then there is this sentence:
EXCEPT THE ARMY OR NAVY PISTOL WHICH SHALL BE CARRIED OPENLY IN THE HAND.
It is this ordinance, specifically the above sentence, that Embody repeatedly cited to 3 Belle Meade officers as they worked to get to the bottom of the weapon-related stop.
After 15 minutes, Embody was released, gun in hand. He later filed a freedom of information request and recieved copies of the stop, including the dash cam footage.
Tim Eads is the Belle Meade Police Chief. Eads was frank when discussing the stop.
“He was walking on the boulevard carrying an old black powder pistol in his open hand. We have an outdated ordinance. He researched it, and he decided to test the law with that.
It was twilight and he was wearing reflective gear. He was in compliance with that. We got a call from a citizen. There was some concern over an individual walking near the country club with a handgun.
Corporal Dennis Goins approached, him told him to lay down the weapon, he complied. During the stop he was argumentative saying we had no reason to stop him. He was in compliance with carrying the type weapon in his open hand.
It was a brief stop, 16 minutes, according to video and audio. He did have a valid handgun permit. Then, they released him.
What is messed up? The public alarm. In today’s society, with all the shootings they have, I support 2nd amendment rights, but it comes down to being reasonable. He is near the country club. We don’t know. All we know is a man is walking openly displaying the gun. We don’t know his intent. People are coming out. They don’t know if the guy is there to shoot someone. Is he here to go on a rampage or car jack someone? There are factors, and if people see a firearm displayed, they become alarmed. It scares them.
Who is he what is his intent? We don’t know until we stop and have a conversation with him. I think it was to draw publicity to himself.
Law enforcement has the responsibility to protect the citizens.
What he is doing is reckless. He might not be paying attention. If he points that gun, officer will react accordingly.
Not just an officer, but another carry person might feel threatened and they might take action. It is reckless for him as well.”
Leonard Embody sees the incident much differently, and sends That’s Messed Up this statement:
“I think the police over-reacted. The police didn’t know the law in Belle Meade. They had no idea that the only legal way to carry in the city is openly in the hand. This is evidenced by Corporal Goins when he asked if I had a holster. The police report shows Officer Curter identified my pistol as a navy pistol before it was ran to see if the pistol was stolen. There is no requirement for anyone to have a handgun carry permit to carry in Belle Meade. TCA 39-17-1314(a) states that cities with ordinances in effect before April 8, 1986 can regulate possession, and transportation. Nashville Metro law office attorney, Sue Cain, gave her opinion on TCA 39-17-1314(a) last year. Her opinion states that Metro has a right to regulate arms because their law was in effect since 1966. The attorney general from the State has not issued any opinions concerning TCA 39-17-1314(a).
In the police’s over-reaction, civil rights were violated. It is illegal for a police officer to detain a person without reasonable, articulable suspicion that the person is committing a crime or will commit a crime. The complaint call about me didn’t complain about any crime being committed. The detention was illegal. The frisk was illegal. The search of my interior pockets was illegal. Running my pistol to see if it was stolen was illegal. The detention to somehow educate me was illegal.
In Belle Meade I carried the only pistol I could have legally carried, the army or navy pistol. I carried openly in my hand as required by Belle Meade law. If it were legal to carry another handgun I would have carried something else. If it were legal to have it holstered I would of holstered the handgun. The Belle Meade law is a copy of the 1871 Tennessee State law which made it very difficult to carry handguns. The Supreme Court of Tennessee found many times see Andrews v State that the handgun carried must be an army or navy and it must be carried openly in the hand, not in a holster. The City of Belle Meade updated their law in 1987 which is relatively short time ago and did not change the exception for the army navy pistol. They apparently like the law and I conformed to their ordinance.
I always carry a firearm where it is legal. It is cold outside right now, but when weather is nice I will carry my black powder pistol in my hand in Belle Meade. I have been stopped many times by police over the last 9 years. I have had a handgun carry permit. I’ve grown tired of the police vs. law abiding citizen routine. The police stop law abiding citizens with handgun carry permits, detain them, search them, ridicule or intimidate them, and let them go with a warning. I’d like to see that changed. I do not like carrying a voice recorder with me everywhere I go. Not only must I protect myself from thieves and robbers, but I have to protect myself from civil rights violations by police.
Yes, a Title 42 section 1983 civil rights violation will be filed against law enforcement for the illegal 2.5 hour detention at Radnor Lake.
I filed a complaint with the chief of police for the city of Belle Meade for violations of the fourth amendment and due process. I complained that the officer had no right to search my interior pockets during a terry stop. There was no reasonable suspicion I had weapons in my pockets. I should have been released immediately instead of the officers running my handgun to see if it was stolen. There was no reasonable articulable suspicion or probable that the handgun was stolen and it should not have been seized to run it. Police are not to play games with citizens. They shouldn’t go on fishing expeditions and the courts have ruled against these. I have heard nothing from the police chief as of today. If they came forward and apologized to me in a letter and promised to train their officers in handgun carry laws of the City I would let it go.”
We ask Chief Eads if he plans to apologize. He sends That Is Messed Up this statement:
“I seriously doubt he will let anything go. There is no money in it. I think if he was serious about changing the law he would have sued the State for one dollar and a change in the law. I would be happy to apologize if we did anything wrong, and the Officers do know the law. He was not cited for any crime, and they had just cause to briefly detain him. He can’t seem to understand that, and I don’t think he ever will. I should have a written response to his complaint by the first of the week or sooner.”
Or, you can read the below transcript documenting conversation between Embody and 3 officers. We have notated the time of each statement as it appears on the officer’s dash cam. The time is military time.
17:10:59 EMBODY: I am audio recording.
17:11:01 OFFICER: Great. Do you have any ID?
17:11:05 EMBODY: Yes, I have a hand gun carry permit in my right rear pocket.
17:11:08 EMBODY: I do not consent to a search that you just did.
17:11:10 OFFICER: It is not a search. It’s a pat down.
17:11:13 EMBODY: No, you just put your hand inside my pocket.
17:11:15 OFFICER: Put your hands down. Turn around.
17:11:20 EMBODY: You placed your hands inside my pocket.
17:11:24 OFFICER: I did place my hands inside your pocket.
17:11:27 EMBODY: That is an illegal search under the fourth Amendment.
17:11:28 OFFICER: Well whatever you say. I am not a lawyer. Maybe you are.
17:11:36 OFFICER: Why do you feel like you need to walk down the street with a pistol in your hand?
17:11:39 EMBODY: Self defense.
17:11:41 OFFICER: Have you been threatened sir?
17:11:43 EMBODY: No, I haven’t.
17:11:47 OFFICE: Any known enemies?
17:11:49 EMBODY: No, I haven’t.
17:11:57 EMBODY: I look at my watch and it is 5:20pm.
17:12:03 EMBODY: I have been detained now for up to five minutes in violation of no laws.
17:12:10 OFFICER: We have the right to investigate someone walking around with a gun.
17:12:14 EMBODY: It’s not against the law in the city of Belle Meade, chapter six, section 11-02.
17:12:19 OFFICER: Sir, we operate under state law, we operate under Nashville law, we operate under Belle Meade law.
17:12:25 EMBODY: Well there you go, and it is not illegal to carry a handgun in the hand openly.
17:12:31 EMBODY: I am audio recording right now.
17:12:33 OFFICER: That is absolutely fine.
17:12:35 EMBODY: Are you recording in your vehicles?
17:12:37 OFFICER: Everything is on. We know who you are.
17:12:41 OFFICER: Sir we respect that. Can you let him talk without interruption, a little courtesy? Thank you.
17:12:51 EMBODY: I’m being detained illegally.
17:12:53 OFFICER: So noted, sir.
17:13:05 OFFICER: It should be the same.
17:13:11 EMBODY: Am I free to go?
17:13:15 OFFICER: I don’t know that you have a valid handgun carry permit.
17:13:19 EMBODY: You have no reason to stop me. It is perfectly legal to carry a firearm inside the city…
17:13:22 OFFICER: No, sir, it is not.
17:13:23 EMBODY: Yes it is.
17:13:24 OFFICER: No sir it is not. Your interpretation of the law is entirely…
17:13:28 EMBODY: The law clearly states chapter six, section 11.02.
17:13:33 OFFICER: That has to do with military personnel.
17:13:35 EMBODY: No, it doesn’t.
17:13:36 OFFICER: Yes sir, it does. The law was written right after the Civil War. It was written in 1870—that was right after the Civil War.
17:13:48 EMBODY: Well it is not right after the civil war.
17:13:50 OFFICER: Well excuse me.
17:13:51 EMBODY: You are excused.
17:13:58 OFFICER: Do you have a holster?
17:14:00 EMBODY: No I don’t. It is illegal to carry in a holster in the city of Belle Meade. It is illegal. That is a loaded handgun, be careful.
17:14:16 EMBODY: Those “compression” caps are on there. Handle that carefully.
17:14:22 OFFICER: Really?
17:14:23 EMBODY: Yes, I don’t want you to shoot me.
17:14:25 OFFICER: Does it present a hazard to law enforcement?
17:14:27 EMBODY: It presents a hazard if he doesn’t know what he is doing.
17:14:32 OFFICER: If he does not know what he is doing, he can shoot someone with that handgun, it is a loaded handgun.
17:14:37 OFFICER: So if I am not a firearms expert, I could be in danger?
17:14:40 EMBODY: If he is not a firearm expert you could be in danger.
17:14:47 OFFICER: Where did you park?
17:14:50 EMBODY: You don’t need to know that information.
17:14:56 OFFICER: Do you want us to arrest you, is that what you want?
17:14:58 EMBODY: I don’t want to be arrested. I don’t want to be detained, and I’ve been detained now for nearly 10 minutes.
17:15:06 EMBODY: Can you tell me what law i violated?
17:15:10 OFFICER: You were walking down the street with a pistol in your hand. I had no idea who you are, where you were going, or what you were doing.
17:15:17 OFFICER: The law says i can stop someone carrying a weapon and find out what they are doing. That is what the law says.
17:15:23 EMBODY: You need reasonable suspicion…
17:15:24 OFFICER: I have plenty of reasonable suspicion. You are the only person I have ever seen walk down this boulevard in the 24 years with a handgun.
17:15:31 EMBODY: In the city of belle meade it is perfectly legal to carry in an open hand an army / navy model pistol, and it has been the law for 140 years. There is no reasonable suspicion to stop me and no probable cause to hold me you need to let me on my way.
17:18:50 OFFICER: You have no say in it.
17:18:52 EMBODY: Not right now, in federal court I might.
17:18:59 OFFICER: You are going to get hurt. You can’t walk around brandishing a firearm.
17:19:02 EMBODY: I was not brandishing a firearm.
17:19:03 OFFICER: Yes sir that is what I saw you doing.
17:19:08 EMBODY: I didn’t point it at anyone or display it in a manner that is austentatious.
17:19:34 OFFICER: You are aware that if anyone felt threatened, by the weapon you have, they have 365 days to file an order to prosecute you under the law?
17:19:43 OFFICER: And you understand that if someone feels threatened by you under state law, they can shoot you?
17:19:50 EMBODY: Not if i am carrying the weapon…
17:19:54 OFFICER: That doesn’t matter. I’m telling you under tn law, if someone feels threatened by you and your firearm they can shoot you.
17:20:02 EMBODY: Okay.
We also talked to Williamson County Schools. They say that Embody was employed as a bus driver from September 4th, 2008, until he resigned on January 26th, 2010, only 3 days after the Belle Meade gun stop.
Bill Penn, Asst Metro Codes Director, sent us the following Messed Up update to a story we brought you in December about an abandoned home in Madison. The owner died, and neighbors are havnig a hard time getting the city to act on the abandoned property.
The health and safety of Nashville and its citizens continues to be our priority. However, the reality of the situation makes this a very difficult case. The owner of the property is unresponsive. From all indications, the property has been abandoned, but we are unable to determine whether or not a financial institution is pursuing foreclosure. Couple this with very limited resources for demolition and we are unable to proceed in the direction we intended. We continue to work within the confines of the laws which govern these situation and we will continue to work to compel the responsible parties to be just that…responsible.
When you sell a house in Tennessee, it is recorded with the county where the house is sold.
This provides a legal record of who owns the house and when the new owners took possession of the house.
It seems simple enough, but that is not how things work in the automobile sales industry.
Frequently, when a car is sold in Tennessee, that sale is not registered in the state’s computer data base.
Why not?
According to the Tennessee Dept of Revenue; when a private citizen sells a car to a dealer, or when one dealer sells to another dealer, the titles are signed and transferred, but the transaction is not registered with the state. The state doesn’t require it.
The state only records a title transfer when a private citizen buys a car.
Wanda Elliott says this is a bad way to conduct business.
2 years ago Wanda Elliott bought a brand new Lexus. As part of the transaction she traded in a 1991 Acura.
Elliott signed over the Acura’s title to the dealership and drove away a happy customer.
Elliott didn’t realize it at the time, but that sale was never recorded with the state of Tennessee because the state of Tennessee doesn’t require taht sales to dealerships be recorded.
According to paperwork obtained by messed up: a month later, the Lexus dealership sold the Acura to Main Street Motors in Hendersonville. Because a dealership sold to another dealership, the car’s title was never registered with the state of Tennessee.
6 months pass from the time Wanda Elliott sold her Acura. According to Metro Police records, that’s when the Acura was involved in a 5 car wreck on Nolensville Road. Several cars were involved, and man was injured. Police said the driver of the Acura ram from the scene. The case is still open and unsolved.
What does any of this have to do with Wanda Elliott? The answer should be nothing. She sold the car six months ago, and signed over her title as required by state law. She did everything right. But because the state doesn’t make dealerships register title transfers, the State of Tennessee data base still shows Wanda Elliott as the Acura owner.
With nowhere else to turn, Cops, Lawyers and Bill collectors start harassing the Elliott’s, the couple the state shows as owning the car.
Thankfully the Elliott’s have all their paperwork from the Acura sale, but the burden is on them to prove to each agency that they don’t own the car.
Wanda Elliott feels like a victim. She thinks the state should do a better job recording the ownership of the car so that innocent people like her don’t get hurt.
“How much are you out on this nightmare?” Andy asked.
“Probably with time away from work and gas, all told, about a $1000 dollars.” Elliot responded.
“For a car you don’t even own?”
“Right.”
That Is Messed Up wonders if the state should do something about this.
Elliot says yes. “There should be some way to flag a car or vehicle that says this person no longer owns this vehicle instead of coming after me. We need to fix this problem. It is messed up.”
State Senator Jim Tracy agrees. That Is Messed Up brought the issue to his attention. Tracy is the Chairman of the State’s Transportation Committee.
“Andy, it is messed up because when folks trade in a vehicle, they assume the car is no longer in their name. There should be a process in place where it is transferred into the dealership’s name or whoever buys the vehicle.”
I ask Tracy why the state can’t make it a law that every sale be recorded in the state’s data base, like a home sale. Tracy says that is a good idea, and he plans to ask fellow lawmakers that very question.
“It is not right for an individual to be held liable for a vehicle they traded in that is no longer in their name. We can do this electronically with technology. It should be a simple process. We are going to work to do it so the department of Revenue can do this,” Tracy said.
Wanda Elliott sold the car to Lexus. Lexus sold the car to Main Street Motors in Hendersonville. What happened to the car after that is unknown. We attempted to locate Main Street Motors. It no longer exists. The car might have been stolen off its lot, or the car might have been sold and title never transferred. That is illegal under state law.
Tracy is also proposing stiffer penalties for car dealers that don’t follow the law.
“Currently it’s a misdemeanor,” Tracy said. “If a dealer doesn’t do what they should do, then I propose increasing the fine and putting more of a penalty on them for violating the law.”
I spoke to J.R. Roper who is the General Manager for Lexus of Nashville.
Roper knows the Elliott story and tells me the following:
“When someone trades a car, here is what is required. If we retail the car, our responsibility is to register the vehicle and collect the taxes. If the buyer is out of state that’s another story. If someone from Alabama buys it and takes it to Alabama, then Lexus signs the title over to the Alabama buyer and it is up to the Alabama buyer to register in Alabama. But if the car is purchased by an in state person, let’s say from Franklin, Tennessee, then it is the responsibility of Lexus to make sure the car is titled so that the taxes are paid.
In Mrs. Elliott’s case, we bought the Acura and then we wholesaled the car to Main Street Motors in Hendersonville. Whatever retail purchaser eventually buys that Acura would be responsible for titling the car with the state.
We wholesaled the car, the Acura, meaning we sold it to another dealer. What they, Main Street Motors, did with the car, I don’t know. We don’t know if he retailed it or what. They either wholesaled the Acura to someone else or retailed it to someone out of state, which is why the state was never notified of the title transfer.
As far as the Acura goes, Mrs. Elliot signed over the title to Lexus, meaning she signed the back of the pink slip. But that doesn’t mean the title transfer was recorded with the state of Tennessee. That is because Lexus wholesaled the Acura, which means they sold it to another car dealer. So as far as the state knows, Mrs. Elliott is the title holder on the Acura. It will show this way till the car is retailed.”
Mr. Roper says this is why it is so important to hold onto paperwork, so you can prove who owns the vehicle.
We tried to talk on camera with the Dept of Revenue, but they declined, opting for a long and laborious series of question and answer through emails.
The emails are from Sara Houghland who is the public information officer:
Q: why don’t car dealers have to title a car when they buy a car from a person?
A: car dealers, who lawfully operate in Tennessee, by law are not required to title a car in their company name when they buy from a person.
Q: if I buy a car from a car dealer, do they transfer the title to me?
A: whenever a vehicle is purchased, the law requires the new retail buyer to title and register the vehicle through local county clerks office. The dealer can do this on the buyer’s behalf or the buyer can do this. If a dealership sells a vehicle to a retail customer, “they (dealership) are required to deliver the title to either the customer or county clerk for title and registration. If they do not do this, this is a class c misdemeanor to fail to properly endorse a certificate of title before delivery to the buyer.”
Q: If I sell a car to a dealer: I realize the dealer is not required to title the car unless they sell it to a citizen. So if I sell the car to a dealer, till they resell it to a private citizen or a consumer, am I still the registered owner of the car or is there a proviso in state law that would indemnify me from responsibility involving accidents, crimes, etc…?
A: I spoke to Commissioner Farr. He said that Tennessee statutes do not specifically address responsibility in the factual situation you describe.
Q: Let me better understand this. If I sell my car to Lexus. Then who owns the car as far as the state of Tennessee is concerned? Me or Lexus? And when does that ownership begin? Right away? weeks or months later?
A: We feel like we have covered everything in our previous responses and would like to stick to those. Sorry I can’t be of more assistance.
Q: How does a private citizen correct this issue with the state? What is the procedure?
A: If you feel the automobile dealer has failed to deliver or fails to assign the title properly, you may file a complaint with the department of commerce & insurance -motor vehicle commission. (their contact is Christopher Garrett: 615-741-8589). To avoid this situation, the citizen should keep detailed records of the sales transaction concerning the vehicle. A copy of the properly assigned title is helpful in the event the title is lost, stolen, or mutilated and a replacement is needed. When selling a vehicle, it is the responsibility of the seller to complete the assignment section completely. The seller should only deal with the actual buyer or legal representative and should have the buyer sign the assignment section. The seller should retain copies of the bill of sale and the front and back of the assigned title.
Q: Who do you call?
A: The Tennessee Department of Revenue’s special investigations section takes calls concerning potential fraudulent or criminal complaints related to title & registration issues; their toll free number is 1-800-fraud-tx or 1-800-372-8389. The complaint form for the motor vehicle commission can be downloaded at the following link:
Q: why doesn’t a car dealer have to register that title transfer with the state?
A: There are a number of possible reasons why a dealer does not provide a properly endorsed title causing the title to remain in someone’s name:
The dealer was never provided a title. The customer is waiting for their title to be processed by the department of revenue. They may have bought and sold a vehicle before they received the actual certificate of title from our department.
A vehicle has been sold out-of-state and the title has not been surrendered to Tennessee. When a customer surrenders their title to the state (whether it is in Tennessee or out of state), the original title becomes void and is surrendered to the respective agency and a new title is created. With an out of state surrendered title, there could be a time issue to process the paperwork.
Some dealers do not provide title to the buyer when the vehicle is financed by the dealer. This practice is illegal under t.c.a. 55-3-127. The dealership holds the title as collateral in anticipation of a default payment and it is easier for the dealer to repossess the vehicle. If you suspect this activity is occurring, please contact the department of revenue’s special investigations section at 1-800-fraud-tx or 1-800-372-8389.
Detailed paperwork of the sales transaction is vital. it is recommended that anyone who sells a vehicle to use a bill of sale, endorse/assign the certificate of title with both the buyer and the seller present (don’t leave the assignment section blank) and make a copy of all documents- including the front and back of the title with signatures.
Finally Andy asked this:
Q: Please ask the commissioner why in today’s world of instant information, why shouldn’t the state be notified each time a title is transferred, whether it is from citizen to dealership or dealership to dealership? This way, the state can accurately know who is responsible for that vehicle and when.
A: The department is open to discussing legislation that would require dealers to electronically notify the state every time a vehicle changes hands. However, there are several considerations such as programming costs, availability of internet access at all dealer locations and enforcement mechanisms that need to be evaluated before a major change in titling procedures can be adopted.
I am retired army with service in Korea during the Korean War and also in
Veitnam in 1968 and 69.
I have a TN hand gun and carry permit, but because I live in TN, I am not
allowed to buy a hand gun from the exchange.
Now thats messed up! Is the exchange not on government land and open to all retired
service personel no matter what state we call home?
After months of trying to get a Nashville dumpster company to pick up the trash, a Charlotte Pike business owner was at his wit’s end.
Dennis Salisbury said the dumpster had been on the side of his Diving-Ski shop for months. Trash was overflowing and spilling onto the parking lot.
Salisbury complained to Metro Public Works. They told him they couldn’t help because the dumpster was on private property.
The business man complained to Metro Health. They told him the same thing, and explained that he could be cited for the mess.
“They said, unfortunately, the overflow dumpster is our responsibility. If trash goes on the ground, we could be cited for it.”
Salisbury said that when he could get the dumpster officials on the phone, they lied to him about coming to pick up the receptacle.
“We call repeatedly. He says they missed us, and they’ll be out this afternoon, and they never come, month after month. We called and they say they would be out the day we called or next day. Week after week, no show. Then no answer on the phone. I faxed them.”
Andy called the dumpster company and surprisingly someone answers.
He told the man on the other end that Mr. Salisbury wants this dumpster out of there now. The man says he’ll get right on it. Andy hung up and told this to Salisbury, who says that is a typical response.
By the time we got back to News 2, there was a message on my phone from an elated Mr. Salisbury. He said the company was at the shop picking up the dumpster.
What Salisbury couldn’t get done in 3 months, That Is Messed Up accomplished in less than one hour.
The Federal Americans with Disabilities Act states that it is against the law to discriminate against a person based on disability. Under the same law, if that person uses a service animal, then a place of public accommodation - like a motel - cannot refuse service.
So when a Clarksville motel allegedly refused to allow a blind man to check in because of the man’s Seeing Eye dog, the man was upset.
His name is Michael Turner. He has been blind since a motorcycle accident in 1999.
The 37 year old now travels with his certified guide dog, Amberz.
“He guides me around and keeps me safe and secure,” Turner said.
According to a Clarksville police report, on August 10th, 2009, Turner stopped at the Microtel Inns-Suites in Clarksville with his wife and 3 year old son..
“I called in advance and said I am blind coming in with my Seeing Eye dog, and the woman says there are no dogs. I said I’m in the parking lot, I’ll be in in a moment to speak with you.”
Even though Amberz is obviously a service animal, Turner said motel management refused to rent him a room.
“I explained calmly and softly it is against the law to do this you are violating my civil rights. This is a Seeing Eye dog, I am blind.”
Turner says the clerk called police. He waited and explained his position to law officers.
“Were you obnoxious?” Andy asked.
“No sir.”
“What happened when the cops came?”
“I wanted an incident report. I felt my rights were violated. Not only my federal rights, but also my rights as a Tennessee citizen,” Turner said.“I felt like Betsy Smith, in the 1950’s trying to sit in the front seat of a bus, and told to go in the back!!”
“So you told the clerk the law?” Andy asked.
“Yes. I explained, calmly and softly, it is against the law for you to do this. You are violating my civil rights. This is a Seeing Eye dog. I am blind, I let her know I am blind and I need this animal to travel with, and it is against the law for you to refuse me, entry into the hotel. She became facetious and obnoxious. She said the owner said, no matter what kind of dog it was, no dogs are not allowed. I repeated the law again.”
Turner says the police filled out a police incident report, and he went to the court and swore out a warrant against the motel clerk the next day.
“Did this bother you?” Andy asked.
“Yes, very much. I never felt the impact of my blindness for ten years. I am persevering and going to college, and now I question my blindness: am I not equal to everyone else?”
That’s Messed Up went to the motel and asked to speak with the owner. While waiting at the front desk, Andy saw a sign that clearly indicates no pets are allowed.
Nick Patel, the General Manager, is listed in the Clarksville Police report.
Andy explained Turner’s story to him, “A man I interviewed, Michael Turner, is blind. He claims he was refused service here, and you wouldn’t let him stay here with his seeing eye dog, which is a service animal. Now there is a court case, so he asked me to get your side of the story. He feels you did him wrong.”
“You have to talk to the owner,” Patel said.
“Well go get him,” Andy responded.
After a few minutes, Nick Patel returned and stated that the owner has no comment.
A day later That’s Messed Up called the motel and again asked the owner to respond to the story. We did not get a call back.
“This is not right. This is America. No matter your disability, your creed, your ethnic race you cannot discriminate and this needs to stop,” Turner told us.
According to the Montgomery County D.A.’s office, the case from this past summer is still in the court system and is scheduled to be presented to the Grand Jury in March.
The charge is “guide dogs to be admitted.” If found guilty, it’s a class C misdemeanor.
Mr. Turner tells Messed Up he just filed a complaint with the U.S. Department of Justice in Washington, D.C.
When notified of the law suit, Kenton Dickerson with the Independent Living Center of Middle Tennessee responded,
“The Americans with Disabilities Act recognizes that service animals such as Seeing Eye dogs are not pets. They are highly trained animals that enable their owners to be independent. Because of this, the law says that public accommodations such as restaurants, hotels, etc. cannot ban them.”
With the upcoming layoffs of state workers.Who was the genious that decided
to put a mile marker placker ever two tenths of a mile.(8.2,8.4 8.6)
Now if that isnt a waste of highway money.Idont know what is.
NOW THAT MESSED UP
William Allen
William,
We checked with TDOT and the markers help emergency vehicles to quickly locate wrecks and people in distress. They are numerous, but they also serve a purpose.
Thanks for Writing,
Messed Up Staff
Just a note to let you know that perseverance does pay off. Had my final court date today. The dog owner has paid all my out of pocket expenses through the criminal court in restitution. He has also provided certification of vaccination status on the dog, which is still alive and kicking. It’s been a long road, but staying the course was definitely worth it.
If you see those dogs continuing to run loose on Posey Hill road, PLEASE call animal control to report them. I hope this owner has learned his lesson.
On another note, there is a workgroup meeting on Tuesday evening, Feb 9, at the county courthouse in the county commission conference room 2. The purpose of this group is to write a proposal for implementing a system to quarantine dogs that bite. This resolution will be going before the full commission, but I’m not sure when. Will know more after Tuesday. The meeting is at 5:30 if you are interested in attending. I am going to be making a statement during the comment phase. This is a first step toward overhauling the county animal control program.
We are going to get this fixed!!! Good things are happening - we just need to hang in there and stay strong!
A Montgomery family has lived at the same Cunninham address for almost a quarter century.
Suddenly, unexpectedly, important bank information started getting lost.
According to Kristie Sullivan, the envelopes had her correct name and address, but for some reason, the post office was covering her correct address with a yellow sticker, then forwarding the mail onto Fort Campbell.
The Sullivan family complained to the postal carrier, to their local postal representatives, and to the bank sending the correspondence.
Everyone said they would fix the problem, but the family tells Messed Up, the problem continued.
Kristie Sullivan says it began roughly a year ago, after a Fort Campbell family that had been staying with them, moved onto the post, and had their mail forwarded there.
The family’s last name is Williams. Mr. Sullivan’s first name is William.
Could something so innocuous be the cause of the mix up?
It turns out the answer is yes.
Beth Barnett at the Nashville Post office tells me, it was a perfect storm of mis-information.
Barnett says the problem starts with the banking institution and the way they are addressing their labels.
Barnett called the data on the envelopes “noisy”.
She says the high speed scanners used by the P.O. scan 35,000 pieces of mail an hour. Because of the way the information was placed on the mailing labels, and the way it is read at the post office, Barnett says, for lack of a better term, the scanners were confused. Add to that, Mr. Sullivan’s first name is the same as the last name of the Williams family, and you have a recipe for lost mail.
Barnett says if Mr. Sullivan’s first name was Bob, this would never have happened.
All the same; Barnett says the problem is fixed, and the post office is working with the banking institution to correct the noise in their mailing labels.
“We have tried everything. The bank even called. One statement went back to them as undeliverable and unknown address,” Mrs. Sullivan says holding multiple envelopes addressed to her, but containing forwarding stickers as well.
Sullivan says nobody could fix the problem for almost a year. Messed Up makes a single call and the post office says the matter is cleared up.
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Salisbury complained to Metro Public Works. They told him they couldn’t help because the dumpster was on private property.
Here’s a nice Messed Up Update to 
On another note, there is a workgroup meeting on Tuesday evening, Feb 9, at the county courthouse in the county commission conference room 2. The purpose of this group is to write a proposal for implementing a system to quarantine dogs that bite. This resolution will be going before the full commission, but I’m not sure when. Will know more after Tuesday. The meeting is at 5:30 if you are interested in attending. I am going to be making a statement during the comment phase. This is a first step toward overhauling the county animal control program.
