PART III

bulletTHEY KNEW OR SHOULD HAVE KNOWN

"God created us in his own spirit and image." Genesis 1:26

Who should be responsible and accountable? "They knew or should have known" is legal language used in product liability litigation, all to often in favor of the alcohol beverage industry. "Ordinary individual with knowledge common to the community" is also legal language the courts use when they protect the alcohol beverage industry from plaintiffs who bring litigation against the manufacturer and the product they manufacture and market…alcohol!.

Who is answerable to our nation's problems which stem from the use and abuse of alcohol?" These questions and more were the challenge of this writer to investigate and report to the reader, not only to inform, but to ignite a sense of interest to inquire and explore further, "WHO KNEW OR SHOULD HAVE KNOWN"? And, just who and what is meant by, "ORDINARY INDIVIDUAL WITH KNOWLEDGE COMMON TO THE COMMUNITY"?

I allege that the "drug cartel", the alcohol beverage industry (ABI), have been responsible for the carnage of millions of God's spiritual beings. They are also the perpetrators of the multitude of societal problems, not only of the United States of America, but of the world, because of the product(s) they manufacture. I also allege the political and judicial lawmakers of our government and states are co-conspirators to this heinous crime, the magnitude of which is so far out of reach and uncomprehensible for the average citizen to digest. If you are an alcoholic or have been a victim of the deleterious drug/poison alcohol, your Constitutional rights have been violated. As an alcoholic you have been denied your First Amendment , spiritual free will rights. In other words, your "Freedom of Religion" was taken from you by the lawmakers of this country by sanctioning alcohol as legal and not the addictive drug that it really is.

The catalyst for my writings on spiritualism and the "spiritual being" was The Honorable Judge Donald M. Middlebrooks, United States District Judge of the United States District Court, Southern District of Florida, Miami Division who, in his 'ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS" and my Complaint be DISMISSED WITHOUT PREJUDICE in the same Order gave me the fuel and inspiration via my insight to recognize the disease of alcoholism, caused by the alcohol beverage industry's product, as a violation of a person's Constitutional Rights. If the alcoholic's Constitutional Rights have been violated so have the millions of other victims of the addictive drug/poison alcohol Constitutional Rights been transgressed on.

Judge Middlebrooks had "spiritual being" typed with quotation marks. I took exception to making the loss of my spiritual being stand out as if he was mocking and taking issue with me. I may be mistaken, and I hope I am. Legally, I must phrase the above as an allegation. Therefore, "I allege Judge Middlebrooks, being a spiritual being himself, took issue with the loss of my "spiritual being" through the consumption of alcohol. Judge Middlebrook's ORDER and DISMISSAL is addressed further on with the Complaints filed with the court. You will able to read it in its entirety.

This book is intended to render useful information as to what product liability means to a consumer who believes that they were damaged by the product(s), distilled spirits, beer or wine. The contents of this book include: grounds for product liability, inadequate labeling, subliminal and overt advertising. Alcoholism has been dissected in order that the reader might understand that it is a disease, not just something that will power alone should eliminate the want of alcohol. Medical consequences including Fetal Alcohol Syndrome, liver, pancreas, hematologic, alimentary tract, endocrine and metabolic effects of alcohol have been documented. Two case opinions by state courts are presented for a better understanding of an individual's rights to bring a legal action under the law against the alcohol beverage industry.

It is also meant for individuals who are interested in product liability litigation because they have been directly damaged by the beverage alcohol, have been harmed indirectly as a spouse or family member, or are innocent victims of the deleterious effect alcohol has had on them. Others who might benefit from this research would be individuals involved in the field of alcoholism and members of the Bar Association, to name a few.

This writer has endeavored to educate the reader as to what product liability law is and how it pertains to the products wine, beer and spirits, what alcohol and alcoholism is perceived to be, what covert, subliminal advertising techniques can do to a person's subconscious mind and the psychological rationalization behind this type of advertising, inadequate labeling standards, the alcohol beverage industry and the government's role along with the Judiciary's power to rule out any responsibility and accountability the alcohol beverage industry should bear for the product they manufacture, market and enjoy a profit from by victimizing the alcoholic once again with the theory that the alcoholic has "ordinary knowledge common to the community".

Alcoholics and non-alcoholic individuals were questioned about "the common knowledge" they had regarding the disease of alcoholism, the health and medical ramifications that manifest from ingesting the beverage alcohol over short periods of time and long term use, what recourse an individual would have if harmed by ingestinig alcohol. What knowledge did they have of product liability and the safeguards and responsibilities a manufacturer must adhere to for the well being of the consumer of his product, and if a label would deter them from purchasing and drinking that product of choice. Not one query was answered with what the courts deem "ordinary knowledge common to the community."

Most shrugged the questions off with indifference and ignorance, an attitude of, "the little guy can do nothing about the problem", "you can't fight city hall", "nobody pours booze down your throat", and the classic, "its your problem, your responsible, nobody forces you to drink". And of course many more innuendos were offered. Therefore this writer considered the plight and ignorance of society as a catalyst to gain additional and factual information, beyond my fifty years of experience being an active and recovered alcoholic, in order to serve society with a level playing field if a class action or if an individual elected to bring litigation against the alcohol beverage industry.

Investigation of actual cases that were brought against the alcohol beverage industry; Hon v. Stroh and Garrison v. Heublein, researching and documenting valuable medical information and the consequences of alcohol consumption, making available and educating the reader about product liability legal procedures, exposing another side of advertising pertaining to subliminal advertising, and other intelligible information that will bestow upon the reader, hopefully, a thirst for additional knowledge concerning the problem of alcohol(ism) and the havoc it wreaks on the American people and the family.

The motive and purpose for writing this book must be discussed. This book is not about temperance, prohibition or in any way attempting to sway the reader to consider a specific religion. Throughout the years a search for a book that covers the subject of alcohol and the players who have such a enormous and devasting influence on the lives of so many victims of the addictive drug/poison, alcohol has not been located. Why have I referred to alcohol as an addictive drug/poison so repetitiously? Certainly not to bore you, the reader, or insult your inteligence. I have experienced and read in many books that if repetition is used frequently the reader or listener will unconsciously retain and include the subject to his/her belief system.

This book is not only addressing "the ordinary individual with common knowledge" about ethyl alcohol, the drug/poison, as the courts determine. Its about you, the family, our children and the United States of America as well as the rest of the world who are victimized, addicted and being led down a path of wholesale destruction by the alcohol beverage industry, lobbyists, the elected politicians of our great nation, the advertising world and the judicial arm of the government, who promote the addictive drug/poison ethyl alcohol as legal, regulated and harmless. "Ordinary individual with common knowledge" are the buzz words of the judiciary in order to keep the wolf away from the door of the alcohol beverage industry and to protect them against huge monetary awards to the victims of the the drug/poison they manufacture and market.

To actually observe the power of the Alcohol Beverage Industry and their lobby, let's see where we, John and Jane "Q" public are regarded, insofar as alcohol is concerned when our lives and families are at stake.

Do we all agree that, not only is tobacco addictive and kills, second hand smoke also harms and kills? Do we also agree that alcohol is addictive and kills? Good! We have broken through the denial stage. Can we come to grips that guns and bullets kill and maim? Are they legal to manufacture and market? Yes - They are! In fact the Constitution states that we have the right to bear arms. It spells it out very clearly in Amendment II. The Constitution says nothing about tobacco or alcohol, does it? Then why are the states and government coming down so hard on tobacco and fire arms, but not alcohol? All three kill, maim and destroy. The politicians have jumped on the band wagon of gun control. Why now? Election year? Sure, let's have another platform to pound away on and save…whoever, whatever and who knows exactly for what purpose. A waste of taxpayer's money and elected official's time that could be spent on more productive issues. But the tide is turning concerning money and the tobacco litigation.

As this book is being written, the legislators of the State of Florida are manipulating the law to protect the tobacco industry from huge punitive awards for the victims of tobacco. The government is also concerned to a great degree about the outcome of litigation against the tobacco giants and the money that is slated to arrive at the coffers of Florida. The victims are expendable as far as the states and government are concerned.

This is what Florida's Palm Beach Post editorial staff had to say about our lawmakers and the award: "States have come to rely on the money so much that lawmakers are tempted to protect a killer industry." The article ends with a profound statement. "In effect, lawmakers in Florida and other states have become hooked on tobacco money. Some are on the brink of protecting their budgets by protecting an industry that still kills 400,000 Americans a year. Lawmakers shouldn't accept a higher death rate to achieve a lower tax rate."

I'm sure you would sacrifice your loved one(s) to lung cancer for the sake of a ten-dollar a year saving on your taxes. I used to be a two and three pack a day smoker, but had to give cigarettes up because I couldn't breath any longer. In 1954 I threw my last pack of Pall Mall cigarettes away and haven't had one cigarette since. That doesn't mean I don't worry about others in my family and friends who smoke. I am also concerned about second hand smoke that I am forced to inhale.

A tax break is not worth one life that may be saved, and who is to say that the award money will go toward taxes. You're a savvy and discerning individual. If your lawmaker assists the tobacco industry out of the financial mess they are in, with the fear of bankruptcy knocking at their doors, how many Swiss bank accounts do you think will be opened on the "QT" by your elected officials? Do you realize when these lawmakers, both state and government, retire or just quietly vanish from the political scene, they head directly to their own practice or become lobbyists for those they helped along the way.

There is a segment further into the book that reveals how big tobacco and the alcohol beverage industry are in lock step with each other by companies, both alcohol and tobacco, that are owned by one company. Please read on for an enlightenment and education.

There are two very simple credos that sum it up. If the reader applies them as they read this book, a crystal clear picture will materialize. One has a four letter vulgarity in it and I apologize for using it. The other is lacking the "King's English."

If there ain't no gas in the car, it just ain't gonna run!

Of course this refers to alcohol. If a person does not drink the addictive drug/poison alcohol, societal problems would be lessened considerably. Now that's understandable and simple, isn't it?

Thou shalt not shit in the hand that feeds you.

This pearl of wisdom should adorn the halls of Congress and your State Capitol. The politician eats, sleeps and drinks with those who line their pockets. The lawmakers should adopt that phrase as one of their Commandments. It is called PAC/SOFT money, special interest money and contributions. Let's face it America, it's bribery money for a "quid pro quo exchange." Meaning, "you scratch my back and I'll scratch yours", or a plain old kickback, the greasing of the palm, vigorish , extortion…you name the poison that suits you and it will probally fit. I ask you, " are they not stables of prostitutes, bought and owned by the alcohol beverage industry?" For "a buck", they are feeding the "unordinary individual that does not have the common knowledge" and all the innocent victims of the addictive drug/poison to the sharks on a silver platter! (Page 11; God's Linchpin)