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SOCIETY'S UNDESIREABLE ENEMY

THE ALCOHOL BEVERAGE INDUSTRY

"Constitutional law and/or manslaughter"

I have given this part of the book a name that is significant to the nature of the addictive drug/poison, ethyl alcohol. Bringing a class action or individual law suit against the alcohol beverage industry seems to be an impossible, and it goes without saying, no easy task. Hopefully, by sharing my thoughts and experiences with the judicial system with you, we can take the word "impossible" out of the formula. There are many legal roadblocks and a huge amount of investigative work, and let us not leave out the monetary outlay that must be addressed. Much of the fact finding statistics regarding alcohol(ism) has been accomplished and at your disposal. The judicial system and trying to find a competent attorney(s) is another obstacle which will be encountered. Those two items, in themselves, tend to discourage and disenchant someone before starting on the quest. I'm reminded, and thought of myself at times, as Don Quixote fighting the windmills in LaMancha, Spain.

I don't believe there is a book or internet site that addresses this travesty against the alcoholic and innocent victim of the addictive drug/poison. Or litigation against the alcohol beverage industry, what part the politician plays, the lobbyist's deep pockets, and why the Courts and Supreme Court do not give credence to the dangers of the product and how the alcohol beverage industry benefits by their decisions while we, the principal reason why the Constitution was written, was to protect those of us who suffer, die and become addicted because of the drug/poison, ethyl alcohol.

The prospect of suing the alcohol beverage industry is such a sysyphaen undertaking that the industry itself is very confident that no individual, group or government would attempt such a lawsuit. Knowing that such an individual exists, and there is a template to rely on as factual, possibly not a legal template, others may follow and start a flow of litigation that may serve to benefit society. If the alcoholic is looked upon as a spiritually, mentally and physically bankrupt individual, who must be considered as any other person with a disability, who is unable to imbibe any alcohol whatsoever, then something must be done to protect that individual. Ultimately, the unfortunate victim that is affected by the havoc and devastation alcohol bestows on them and their families will be the recipient of his/her Constitutional rights.

This book may interest you if you are an alcoholic, or think you may have a problem with alcohol, a devastated and damaged family member of the alcoholic, or experiencing a binge drinking college son or daughter and, of course, not to be forgotten, the innocent and unfortunate victim of alcohol in any form or circumstance, to numerous to list here.

Any local, state, government or institution that has felt the enormous cost and burden that alcohol has been responsible for. A member of the judicial system, an inmate of a correctional facility for an alcohol related offense or has done his/her time for same (the offense is one matter, alcohol another). You may be interested in societal issues, alcohol just being one area to explore. If you identify with any of the above, please be my guest and become educated in this widely and complicated disease, why the alcohol beverage industry is untouched and the product alcohol, the addictive drug/poison, is swept under the carpet.

Alcohol is the cause, alcoholism is the symptom and invariably the "Ad Hominem" defense is used by blaming the alcoholic, with a disease, for the negative outcome of his/her actions. The alcohol beverage industry and their product(s) are never mentioned or brought to the forefront for scrutinization.

Please use the information that may help your cause or personal case. Remember, and I can't emphasize this enough, I am not an attorney, and do not have the legal expertise to advise anyone as to how to litigate a case of this magnitude or carry it to term. I wrote my complaints and the book without the aid of an attorney. I would suggest that you obtain the services of a competent attorney versed in Constitutional law and an expert on the First Amendment as well as someone who practices criminal law.

I would like to see the alcohol beverage industry be liable for the costs alcohol has wreaked on society in all areas. As an intelligent person you are aware of what alcohol has cost our families and country. It's entirely up to the reader to make his/her decision what they are going to do about it as a responsible citizen who cares.

This writer is not a prohibitionist, or do I belong to a temperance organization. Alcoholics Anonymous has been mentioned throughout this book, and I have disclosed my affliation with AA. It was my prerogative to do so for the purpose and importance what significance spirituality has to do with the disease of alcoholism. The Twelve Steps that AA suggests and encourages members to put into action for recovery is, and has been used by numerous Twelve Step groups that have evolved nationally and internationally since witnessing the success AA has had in the conversion of lives that were affected by alcohol.

You are encouraged to visit the internet addresses. These sites are educational to understand how government, the lobbying groups or lobbyist and the alcohol beverage industry work hand in glove with each other to stamp out or advance legislation for their benefit, not for the national interest.

There are repetitions in the text of the lawsuits. This cannot be helped. To delete the body of the individual or amended individual complaint would take away from the impact of the complaints filed in the courts. There has been no text changes to the original documents.

The important emphasis and concept that must be addressed over and over is that this litigation pertains primarily to the loss of the alcoholic's spiritual being, subject to the disease of alcoholism. The alcoholic is not the "ordinary consumer!" Once the alcoholic steps over the threshold or invisible line of being the ordinary consumer to becoming the alcoholic, that individual loses his/her choice as to whether or not to drink the addictive drug/poison, ethyl alcohol. Therefore losing the title of the ordinary consumer which every lawsuit filed against the alcohol beverage industry depends on for a victory. Each time a manufacturer, vendor or bartender sells their product to an alcoholic, they violate the alcoholic's Constitutional Bill of Rights. The alcoholic has lost his/her "SPIRITUAL BEING." To be specific, the alcoholic's Freedom of Religion has been stolen, and the alcoholic has lost his/her freedom of choice. The alcoholic's free exercise of his/her religion is being prohibited by the law Congress has mandated making the drug/poison, ethyl alcohol legal. Therefore, the alcoholic's Constitutional First Amendment has been violated without consent. The judiciary further crucifies, and makes culpable the alcoholic by using and accusing that the alcoholic is "the ordinary consumer" with "common knowledge of the product he/she is drinking." Thus, aligning the alcoholic, who is a very sick person with the disease of alcoholism, with the "normal individual." Therefore, any complaint brought forward by the alcoholic, not precluding the innocent victim who has been damaged by the beverage alcohol, via the alcoholic, or "normal individual" any right to be awarded the relief deserved on the merits that alcohol was the cause of the plaintiff's complaint.

SPIRITUAL EMPTINESS

As the addictive personality gains more control and addicts lose more of their ability to influence their own thoughts and behavior, there is a spiritual deadening. My definition of spiritual means being connected in a meaningful way to the world around us. The feeling of belonging and being an important part of the world is lost as addiction progresses. The sense of knowing oneself and one's importance drifts further and further away.

Addiction is very much a spiritual disease. Everybody has the ability to connect with the soul and spirit of others. Because addiction is a direct assault against Self, it's a direct attack on the spirit or soul of the person suffering from an addiction. A person's spirit produces life; the goal of addiction is spiritual death.

The longer the addiction goes on, the more spiritually isolated the person becomes. This is the saddest and most frightening aspect of addiction. Sunsets, smiles, laughter, support from others and other things that nourish our spirits come to mean less as acting out becomes more important. Because addiction blocks a person's ability to effectively connect with his or her own spirit, there is little chance to connect with the spirit of others. Relationships with others become more superficial as the illness progresses. Addicts stay isolated or turn to the presence of other addicts who offer companionship and little or no fear of confrontation.

As addiction progresses, spiritual deadening deepens. This may be the most dangerous aspect of addiction. For recovery, there must be a recommitment to the nurturing of one's spirit. The further one moves away from the Self, the harder it is to reestablish a healing relationship. in the beginning of the addictive process, the person grasped the addiction in an attempt to nurture life, spirit, and the Self in the process of chasing perfection. Many recovering addicts firmly grasp the spiritual aspect of recovery because most are extremely grateful to have such a precious gift returned: the Self, a spiritual awareness, and the ability to connect with others in a meaningful, nurturing way. (The Addictive Personality by Craig Nakken)

"Ordinary consumer", "ordinary knowledge common to the community", is not reflective of the alcoholic, the youth of this country, or for that matter, the world at large. There are minors, twelve and under up to the age of eighteen who are blown out alcoholics and have lost all sense of what spiritual being and just being human to interact with our society means to them and their families.

THE NEED OF SPIRITUAL EXPERIENCE: ( The Science of Mind; page 445/446)

We need spiritual experience, a first hand knowledge of life and Reality. There is no medium between God and man, nothing between life and living, between heaven and hell, but an idea. But an idea has no real value until it becomes an experience.

In conversation, we assume great knowledge of religion and philosophy, but how much do we really experience? We can know only that which we experience. All great religions have taught truth, but it means nothing to us unless it becomes our truth.

We need spiritual experience. We shall never know peace until we embody it, we shall never know Truth until we become Truth, and we cannot know God unless we sense Him within our own being. The Spirit is ever giving, but we must take. What life does for us must be done through us.

Spiritual experience is deep, calm and self-assertive; it is the result of actually realizing that Presence which binds all together in one complete Whole. This experience comes in the stillness of the Soul, when the outer voice is quiet, when the tempest of human strife is abated; it is a quickening of the inner man to an eternal reality.

Spiritual experience is a fact. Spirituality may be defined as an atmosphere of good, the realization of God. It cannot--and does not--borrow its light from another, not matter how great or noble that other may be. It springs from within, coming from that never-failing fountain of life, which quenches every thirst, whose Source is in eternity; the well-spring of self existence. It is a revelation of the self to the self, putting one back on the track of his own self-dependence on Spirit, his own at-one-ment with Reality.

WHAT IS BEING? (The Science of Being and Art of Living; page 27)

Underneath the subtlest layer of all that exists in the relative field is the abstract, absolute field of pure Being, which is unmanifested and transcendental. It is neither matter nor energy. It is pure Being, the state of pure existence. This state of pure existence underlies all that exists. Everything is the expression of this pure existence or absolute Being which is the essential constituent of all relative life. The one eternal, unmanifested, absolute Being manifests itself in many forms of lives and existences in creation.

1. The Inalienable Right

Nothing is more characteristic of humankind than the natural and inescapable drive toward meaning and belonging, toward making sense of life and finding community in the world. As fundamental and precious as life itself, this "will to meaning" finds expression in ultimate beliefs, whether theistic or non-theistic, transcendent or naturalistic, and these beliefs are most our own when a matter of conviction rather than coercion. They are most our own when, in the words of George Mason, the principal author of the Virginia Declaration of Rights, they are "directed only by reason and conviction, not by force or violence."

As James Madison expressed it in his Memorial and Remonstrance, "The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right."

Two hundred years later, despite dramatic changes in life and a marked increase of naturalistic philosophies in some parts of the world and in certain sectors of our society, this right to religious liberty based upon freedom of conscience remains fundamental and inalienable. While particular beliefs may be true or false, better or worse, the right to reach, hold, exercise them freely, or change them, is basic and non-negotiable.

Religious liberty finally depends on neither the favors of the state and its officials nor the vagaries of tyrants or majorities. Religious liberty in a democracy is a right that may not be submitted to vote and depends on the outcome of no election. A society is only as just and free as it is respectful of this right, especially toward the beliefs of its smallest minorities and least popular communities.

The right to freedom of conscience is premised not upon science, nor upon social utility, nor upon pride of species. Rather, it is premised upon the inviolable dignity of the human person. It is the foundation of, and is integrally related to, all other rights and freedoms secured by the Constitution. This basic civil liberty is clearly acknowledged in the Declaration of Independence and is ineradicable from the long tradition of rights and liberties from which the Revolution sprang. (The Williamsburg Charter: http://www.fac.org)

The question you must ask yourself with all sincerity is, "am I a spiritual being?" Or do you just give it lip service without delving into yourself to really know who and what you are, why are you on this planet and of what importance and purpose do you have on earth and to your fellow being? You must also take stock of your elected officials, both state and country. Are they serving you well? Do they have your best interests at heart? Are the laws currently in force to benefit you and your family? "IS THE TAIL WAGGING THE DOG?" Sound familiar? You know the answer, I don't have to tell you. If you are reading this book, you're a concerned citizen and may desire a change. Read on, the plot thickens! You may get angry and dismayed about how our country is being run, for them, not you.

I believe my class action complaint in 1982 was the first to be filed in the courts. It has been many years since that lawsuit was dismissed for failure to prosecute and I haven't heard of another class action against the alcohol beverage industry since I filed in New York. The paperwork and money involved was overwhelming for my attorney, who was also a member of AA. He had to bow out. I generated another class action with Victory Over Addiction International, Inc. (VOAI) as the plaintiff and included, hold on to your hats and fasten your seat belts, five hundred, plus, defendants.

Not only was VOAI the plaintiff, I included myself along with family members, and to be really pushing the envelope, I included international plaintiffs. Namely, Princess Diana, Dodi Al Fayed, Henri Paul, the driver, Trevor Rees-Jones, Mohamed Al Fayed, and Princess Diana's sons, William and Harry. One of the Press Releases is included in the book. This action was dismissed because I was not an attorney. A plaintiff cannot represent a corporation pro-se.

I then submitted a complaint as an individual. Only the names of a group of leaders, the larger distillers, brewers and wineries of the alcohol beverage industry were named as defendants. This case was dismissed without prejudice. To jump ahead, I appealed the case to the 11th Circuit Court of Appeals, Atlanta, Georgia. This court sent me an incomplete packet of papers to adhere too in a specific time frame. I called a number of times for the missing documents. I was told that the papers would be sent. After not receiving them and time was running out, the court told me another set would be sent. Nothing arrived, the case was dismissed. I gave the litigation situation quite a bit of thought. I elected not to play the part of an attorney any longer.

Nevertheless, my belief is, one door closes and another opens up. Hence, the writing of this book. If this book incites and encourage others to bring either individual or class action litigation against the alcohol beverage industry, I feel my contribution, small as it is, has not been in vain. All monies derived from the sale of the book will go directly to Victory Over Addiction International, Inc. in order to carry on it's mission to serve and preserve the family unit and make a contribution to our country. (Chapter from God's Linchpin; Pages 55 to 63)