Click below to read a Grandparent Visitation Brief: Jurisdiction of Juvenile Court to Award Pendente Lite prepared by attorney Farrest Taylor at Taylor Law.

Click below to read a Motion to Transfer from Juvenile Court to Circuit Court prepared by attorney Farrest Taylor at Taylor Law.

Click below to read a Petition for Writ of Mandamus (Statute of Limitations) prepared by attorney Farrest Taylor at Taylor Law.

Image courtesy of https://governor.alabama.gov. Today, Governor Ivey issued a Proclamation concerning the spread of COVID-19. The Proclamation reschedules the March 31, 2020 primary runoff election to July 14, 2020. The Proclamation also does the following: Ratifies the public-school closures at least through April 6, 2020; Allows participation by telephone or video conference by members of any governmental body in governmental meetings; Suspends the requirements of the competitive bid law regarding the procurement of emergency supplies by State agencies; and Authorizes reimbursement to State employees for expenses they incur in performing emergency services to address COVID-19. We encourage everyone to take follow the recommendations of public health professionals and to take measures to minimize the spread of COVID-19. VIEW THE PROCLAMATION NOW

HIKING AND BIKING TRAILS IN ALABAMA FACE SB232 Sometimes, our state legislature puts forth a bill that makes people on both sides of the political aisle turn their heads and say, “Wait. What?” SB232 AND EMINENT DOMAIN SB232 is the latest example of just such a proposal. Basically, SB232 prevents the State, counties, and municipalities from using eminent domain to create recreational areas that include hiking and biking trails. The bill does not target any other recreational activities. The bill also requires that—if any property acquired by eminent domain ceases to be used for a public purpose—the property be offered for purchase to the prior owner or his or her heirs at the price that was paid for the property less any revenue generated by the property while owned by the governmental entity. While the merits of eminent domain may be controversial at times, especially when it is used to benefit private entities, and whether the prior property owner should have a right to repurchase the property may be debatable, targeting public recreational areas that incorporate trails for hiking and biking is a real head scratcher. Hiking and biking trails have been a tremendous asset to communities throughout Alabama, and the Wiregrass is no exception. Forever Wild attracts hundreds of hikers and bikers every week, as do trails at Troy University Dothan, Westgate Park, and ACOM. In addition to enhancing quality of life for citizens, hiking and biking trails make Dothan and the surrounding areas more attractive to new businesses. ABOUT THE OUTDOOR INDUSTRY The Outdoor Industry is a swiftly growing sector of the U.S. economy. Over half of Alabamians participate in outdoor recreation every year. Outdoor recreation in the state contributes $14 billion in consumer spending and $3.9 billion in wages and salaries. Outdoor recreation has become a way to diversify the economy while investing in the health and quality of life of residents. Counties that can leverage outdoor recreation experience population growth, increases in creative and entrepreneurial activities, and attract higher-earning residents compared to non-recreational counties. THE DOLLAR-VALUE OF OUTDOOR RECREATION Running, hiking, and biking are three of the top five outdoor recreational activities. Trails require relatively low-infrastructure development and can support a variety of activities and skill levels. Many hikers and cyclists are willing to drive more than 50 miles and stay overnight for several days with their families or friends to enjoy different trail systems. Additionally, there is a direct correlation between a property’s proximity to trails and the increased value of that property. Communities and regions can rely on these trends to increase the economic impact of trail systems and raise the profile of surrounding communities. In one community, 80% of the bike trail users were locals who did not ride before the trails were built. Now hundreds of users visit the trails each day, and the community has seen dramatically increased bike store sales and services. FINAL THOUGHTS The bill does not curb perceived abuses of public domain. So why would the state legislature propose a bill such as SB232 to specifically prohibit hiking and biking trails? That’s a hard one to answer with anything other than: “Wait. What?”

Environmental watchdogs are using drones to trace toxic spills and other pollution back to their sources. A bill before the Alabama Legislature would make that illegal. (Photo courtesy of the Southern Environmental Law Center.) DRONES AND POLLUTION IN ALABAMA To hide the pollution flowing into Alabama rivers caused by their clients, lobbyists for the coal and petroleum industries are pushing a bill (SB45) that would criminalize public interest groups from using drones to monitor pollution. While the bill is ostensibly targeted at “terrorists,” the timing of the bill suggests otherwise. Environmental watchdogs are using drones to trace toxic spills and other pollution back to their sources. A bill before the Alabama Legislature would make that illegal. (Photo courtesy of the Southern Environmental Law Center.) THOUGHTS Drones have been recently used to track pollution from coal and petroleum facilities into Alabama waterways. Under the proposed bill, using a drone even over public lands that may have oil or gas pipelines specifically in order to document pollution would be a misdemeanor. If the bill was truly aimed at terrorists, why is the crime only punishable as a misdemeanor? Additionally, this bill is unnecessary because there are numerous other state and federal laws that would criminalize terrorists from using drones. READ MORE HERE…

The nation’s opioid crisis has affected every state. From 2006 through 2014, the Alabama Department of Public Health recorded 5,128 deaths from opioid overdoses in Alabama. In 2016, Alabama had the highest per capita prescription rate with a rate of 121 prescriptions per 100 persons, which means 1.2 prescriptions for every citizen in the State of Alabama. The death rate continued to rise through 2017, during which year drug overdose deaths peaked at a rate of 18.0 per 100,000 people. To combat this crisis, many states have sued opioid manufacturers for their role in contributing to this crisis. Not all states have followed this path. While each state’s decision may be based on factors particular to that state, drug companies are actively using lobbyists to discourage states from taking action. One former Alabama politician has been particularly vocal in discouraging states from suing opioid manufacturers. Luther Strange, Alabama’s former attorney general and United States Senator, has been lobbying attorneys general in an effort to discourage them from pursuing this litigation. Strange claims that his antagonism to these lawsuits is based upon conservative principles. Strange, however, may be motivated by reasons other than so-called conservative principles. A recent news article reported that Strange was working behind-the-scenes as a paid attorney for the Sackler family, who owned Perdue Pharma, the manufacturer of OxyContin. Strange’s role in the opioid battle is symptomatic of a larger problem, namely, revolving door politicians who use their political power and connections to line their pockets working against the public good. This kind of underhanded politics needs to change, and Alabama should pursue damages against the big pharma companies that actively fueled this crisis in our state.

A Reuters study found that lead remains a serious health concern for large portions of the United States, including southeast Alabama. Click the link below for further details. http://www.reuters.com/investigates/special-report/usa-lead-testing/

It’s no secret that opioid abuse in the U.S. has reached an epidemic level. In 2016 alone, opioids claimed the lives of 42,000 Americans. In Alabama, the overdose death rate climbed an alarming 82 percent between 2006 and 2014. States and cities across the nation are grappling with how to combat the problem. Last year, Governor Kay Ivey established the Alabama Opioid Overdose and Addiction Council to address the crisis in the Yellowhammer State. In December, the Council released its Opioid Action Plan, with recommendations for better education, increased access to care, legislation and other strategies. The report specifically identifies the importance of protecting the rights of patients who need opioids as the war against addiction is waged, a common view among stakeholders. “It’s critical that we carve out exceptions for hospice, cancer and palliative patients, because it is not our intent to put barriers for people who need those treatments,” says Dr. Anne Schmidt, a council member and Senior Medical Director at Blue Cross and Blue Shield of Alabama. “That’s why legislation may not be the way to address this problem, as it tends to make blanket solutions that aren’t necessarily best for everyone.” Alabama Attorney General candidate Joe Siegelman agrees. “There must be a balance between restricting dangerous and addictive opioids while making sure they’re still accessible to those who need them,” says Siegelman. “I’ve met a number of people who’ve told me that, without their opioid prescription medication, they would not be able to function throughout the day due to pain.” Tennessee recently enacted legislation that puts limits on what doctors and pharmacists can provide patients, with exemptions for hospice and other patients in need of palliative care. Still, Dr. Schmidt and others believe education may be a more effective plan of action. Each year there are more opioid prescriptions per capita in Alabama than in any other state. As medical schools, communities, health departments, the CDC and others educate doctors and patients alike, those numbers improve. “We’ve seen a significant decrease in the number of opioid prescriptions,” says Dr. Schmidt. “But Alabama remains the number one state for opioid prescriptions filled because other states are beginning to come down too. “Furthermore, people should know that they’re covered for naloxone, a popular anti-overdose drug, by Blue Cross and Blue Shield of Alabama and most health insurance plans,” says Dr. Schmidt. “We want to increase the availability of that medication,” she says. “In fact, there’s a standing order statewide, so anyone can fill naloxone at a pharmacy without a written prescription.” But, she concedes there’s still a barrier for uninsured Alabamians. “In our state we didn’t expand Medicaid,” she adds. “So, because of the cost naloxone, access for uninsured Alabamians remains and issue.” However, several state organizations have applied for grant money to get anti-addiction and anti-overdose drugs for underinsured and uninsured patients, so while the need is still significant, there is hope. Trafficking Laws To further decrease opioid access, the state is pushing to create stricter laws for trafficking fentanyl, an opioid that is 1,000 times more lethal than heroine.Critics say this could strain an already overcrowded prison system in the state. “We must keep in mind that the opioid epidemic is largely a public health issue, and not one we can prosecute our way out of,” says Siegelman. “Drug dealers peddling these dangerous drugs should and will absolutely be prosecuted and held accountable. “However, we cannot continue to warehouse individuals with drug addiction in our prisons,” he adds. “Studies show we save taxpayer money sending those with drug addiction to treatment programs rather than prison whenever possible.” With per capita tax revenue lower in Alabama than anywhere else in the nation, opioid treatment may certainly be a cost-saving issue on the minds of voters at the ballot box this November.

Thousands of lives are lost every year to distracted driving, but texting alone isn’t the culprit. According to a University of Utah study, drivers who talk on the cell phone are just as impaired as intoxicated drivers with an .08 blood-alcohol level. To cut down on the number of distracted driving accidents, more and more states are going beyond a simple ban on texting and driving. They’re passing a total ban on handheld devices for those behind the wheel. In fact, sixteen states plus the District of Columbia have bans in place. The latest is Georgia, where a new law went into effect July 1 of this year. Should Alabama consider similar legislation to make the roads safer? Clay Ingram with AAA Alabama thinks so. “I think it would be a very good thing to have here,” says Ingram, public relations and marketing manager for the organization’s Alabama operations. Your priorities change when you begin having a phone conversation with a handheld device, continues Ingram. “You’re no longer just a driver,” he says. “You’re someone who happens to be driving while having a phone conversation.” Ingram can see the parallels to drunk driving found in studies such as the one done in Utah. “You don’t drive with a beer in your hand, so why would you drive with a phone in your hand?” he asks. Ingram knows of no current plans for legislation in Alabama banning handheld devices while driving, but with some new faces set to arrive in Montgomery, he is optimistic. Until then, AAA Alabama plans to continue their crusade against texting and driving. “We just started a new campaign: ‘Don’t drive intoxicated. Don’t drive intexticated,’” says Ingram. “We want to do anything we can to make the highways safer.” What do you think? Should Alabama ban the use of all handheld devices while driving?