Hot Air » Blog Archive » Joe the Plumber may sue Ohio officials for breach of privacy in records search

Joe the Plumber may sue Ohio officials for breach of privacy in records search

posted at 7:08 pm on October 28, 2008 by Allahpundit
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Via Ace, note the plural in the headline. People don’t realize, I think, that we’re talking about three separate searches by three different state agencies: Toledo P.D., Cuyahoga County DSS, and an outside contractor with access to the Attorney General’s test account. This isn’t a case of some halfwit clerk somewhere calling up his records on a lark, in other words. It’s a triple play.

But DSS, which came from the top on orders from an Obama donor, is of course the big one.

“When I first found out, I was pretty angry and I still am,” Samuel Joseph Wurzelbacher said today in Columbus during his first campaign appearance on behalf of Republican presidential nominee John McCain…

“It bothers me greatly,” Wurzelbacher said as he joined former Republican Congressman Rob Portman and small-business owners on a bus tour to back McCain and attack Obama’s tax policies…

[DSS] Director Helen Jones-Kelley said that after a “team meeting,” she OK’d the check because the department often runs inquiries to check for unpaid child support when people are thrust into “the public spotlight.”…

Calling her reason for checking on Wurzelbacher meritless, State Rep. William G. Batchelder, R-Medina, today called on Strickland to place Jones-Kelley on leave until the investigation is complete.

“No Ohioan should be subject to a ‘witch hunt’ on the whim of a public official,” said Batchelder . He said that by Jones-Kelley’s standard, “the mere appearance of one’s name in the newspaper would warrant ‘taking a look.’”

The PD employee’s already been charged with gross misconduct; according to the Dispatch story, she was doing a favor for a reporter who wanted Wurzelbacher’s address.

What conceivable reason could he have for not suing? He’s appropriately “bothered” by the intrusion. His privacy’s already shot to hell so he has nothing to lose from extra media coverage. The legal fees won’t cost a dime: Surely the RNC would pay for a lawyer or 20 to staff the case, which will be worth the expense in PR value even if he doesn’t win. And if he does win, so much the better. Thanks to the press digging up the fact that he doesn’t have a plumber’s license, his career’s in limbo at the moment. Push forward, get a settlement, and enjoy a few years of financial security courtesy of the state of Ohio. What am I missing here?

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To heck with the ACLU, I want some media whore, like a Gloria Allred type who is going to gone on show after show and hold press conference after press conference and make their lives a living hell….

TheBigOldDog on October 28, 2008 at 8:02 PM

Just, please God, not Gloria herself! I hate that woman and her ambulance chasing.

Seriously though, you make a good point that because of the circumstances Joe the Plumber needs more than a lawyer and good legal advice. He needs a media team, a spokesperson, and a stylist.

highhopes on October 28, 2008 at 8:11 PM

Wait a minute. I thought y’all were supposed to be against all these frivolous lawsuits.

Len on October 28, 2008 at 7:27 PM

Where’d you get this “y’all” from, ButtSniff? And this would not be a frivolous lawsuit; it would be a legal nuclear bomb against the leftist fascists in the Ohio Demorat party.

And that would be a good thing.

Jaibones on October 28, 2008 at 8:12 PM

I hope he does sue. Unless the crime becomes painful, it will repeat. Moreover Joe deserves some retribution.

Spirit of 1776 on October 28, 2008 at 8:12 PM

Damn, I’d trade places with him. They can air my dirty laundry for a 6 to 7 figure amount. – Tim Burton on October 28, 2008 at 8:08 PM

For THAT degree of public humiliation? You’re a cheap lay, TB. Eight figures – after the contingency fee is deducted. Not a penny less.

ManlyRash on October 28, 2008 at 8:13 PM

I wouldn’t count on the RNC (or any of the xRxx committees) to help Joe with this. Bunch of elitist wimps could care less about anyone who isn’t a Washington insider, even if it is someone that is most likely one of the largest non-monetary factors in helping them win the election.

In fact, I’ll bet you this: If Joe does decide to run for Congress, he will pretty much be ignored by the RNC and the NRCC. They don’t much like honest Conservatives with common sense any more.

However, I and most of my compatriots here at HotAir would be glad to help Joe hire a lawyer to sue the 0bamanations in Ohio that violated his rights and to help him run for Congress.

LegendHasIt on October 28, 2008 at 8:13 PM

Don’t forget that another form of suing is in the voting booth this November 4th.

Sergei on October 28, 2008 at 8:13 PM

Nice Solo cups.

ManlyRash on October 28, 2008 at 8:02 PM

Why thank you, kind sir.

kareyk on October 28, 2008 at 8:15 PM

~~Why~~ thank you, kind sir.

kareyk on October 28, 2008 at 8:15 PM

well, thank you, kind sir.

fixed it

kareyk on October 28, 2008 at 8:18 PM

what is the Candadian dream?

Janos Hunyadi on Oct 28,2008 at 7:51PM.

Janos Hunyadi:

Rywall’s dream was Dion to be the Prime Minister!

Here’s mine:

1- Team McCain/Palin to rule the White House!

2-SarahCuda to rule the White House,2012-2010!

3-A bacon farm,an untapped river of Molsen’s beer!

4-And a natural habitat of Canadian beavers as far
as the eyes can see!!!!!!!!!!!!haha:)

canopfor on October 28, 2008 at 8:19 PM

It looks like Helen Jones-Kelley likes to put puzzles together. Here’s an editorial she wrote in 2002. Some interesting ironic points in here:

Heartbeat – The Newsletter of the Public Children Services Association of Ohio, Volume 15, Number 7 – 2002
A Lesson from 9/11
BY HELEN JONES-KELLEY, EXECUTIVE DIRECTOR
MONTGOMERY COUNTY CHILDREN SERVICES

It used to be that when police or fire safety crews went out on an emergency call, as long as policy and protocols were followed, they were not severely maligned or scrutinized by the community, even when their efforts failed. For example, if the fire department responded to a home emergency where a household member had knowingly set fires in the past, firefighters were only expected to extinguish the fire. If a subsequent fire ensued in the same house, injuring the family or causing a fatality, no one questioned if the fire department did their job right the first time. On the other hand, caseworkers at children services have never been afforded that clemency. The lives of children depend on their ability to “predict and prevent” the actions of an abuser.

I believe the current scrutiny of the FBI with respect to the 9-11 tragedies and its failure to put together all the pieces of the puzzle creates a new day for all public safety systems. Those systems are now subject to the same public disapproval and heightened scrutiny the child protection system has always encountered. At the same time, what is happening in that investigation can also be instructive to the child protection system.

Sometimes after a child abuse case is closed or a tragedy has occurred, Children Services will discover some red flags that may have been missed in the course of working the case. Because there are truly so many pieces of the puzzle that are not all in place at the same time, especially when human behavior is involved, the task of the child protection system becomes even more difficult. The team approach to our work can assist us to be more effective in most cases and should include all relevant colleagues both internally and externally.

Each of us may hold a piece of information that can be helpful to one another in problematic cases. We can assist each other in assembling the puzzle, and in turn, help families and children. Let us use the current national experience as an opportunity to enhance the way public safety systems work together by reaffirming our commitment to children through organizational excellence.

cannonball on October 28, 2008 at 8:20 PM

As an Ohio resident, I’ll add a thing or two for what it’s worth. This is an outrageous violation of Joe’s privacy.

First, Joe resides in a suburb of Toledo, Ohio. I’m pretty sure that he resides in Lucas County, Ohio.

Second, the newspaper account reports that the computer of an employee in the Cuyahoga County Child Support Enforcement Agency was used to improperly access Joe’s Bureau of Motor Vehicles records. Cuyahoga County essentially ecompasses Cleveland. Two questions: why is someone in the Cuyahoga County child support agency inquiring into any records of a resident of Lucas County, and why would records in the Bureau of Motor Vehicles be of interest to that employee?

Third, Helen Jones-Kelley, the director of Ohio Department of Job and Family Services, works out of the state office in Columbus, Ohio, located in Franklin County. Even though her reach wouldn’t be limited to Franklin County, it seems to me that she still has a lot of explaining to do. The newspaper account says that she approved a check after a “team meeting,” because the department often runs inquiries to check for unpaid child support when people are thrust into “the public spotlight.”

I read an earlier account that these “public spotlight” situations are performed when her department learns that someone has received a publicized financial windfall. As far as I can tell, Joe has been, and continues to be, ridiculed by Obama, Biden, and their supporters for not having the financial wherewithal to even ask Obama the question that he raised. So how does Ms. Helen Jones-Kelley justify her inquiry?

Conclusions: Joe got screwed; he should sue.

BuckeyeSam on October 28, 2008 at 8:21 PM

Sue Joe sue!!
The hell with these liberals investigating private info.

jencab on October 28, 2008 at 8:22 PM

Go get ‘em, Joe!

Y-not on October 28, 2008 at 8:24 PM

This is no frivolous suit. Perhaps it would even set a precident. And perhaps the libs would back off a bit and at least try to keep the illegal stuff not look so obvious.

4shoes on October 28, 2008 at 8:24 PM

This is strange… Jones-Kelley supports saving the lives of newborns, something Obama hasn’t supported at all.

A six-year-old law meant to protect babies has potentially saved three lives in Lorain County.

That’s the number of infants safely surrendered in the county through the state’s Safe Haven program since 2001, according to the Ohio Department of Job and Family Services.

One infant was surrendered in 2001 and another two were surrendered in 2007.

The program, which is designed to allow birth parents the option of surrendering their newborn without fear of prosecution, has been deemed a success statewide.

A total of 54 newborn babies, including 11 this year in Cuyahoga, Lucas, Lorain, Summit and Wayne counties have been safely surrendered. The figure is based on a recent survey of Ohio’s public children service agencies.

“Ohio’s Safe Havens law is designed to protect babies who are unable to protect themselves,” ODJFS Director Helen Jones-Kelley said. “The law provides parents with an alternative to abandoning newborns in unsafe places.”

Perhaps she has flip-flopped on this issue?

source

cannonball on October 28, 2008 at 8:26 PM

What am I missing here?

That Joe doesn’t need a license to be a plumber in Ohio, as long as he doesn’t do commercial work, but sticks to residential. The city of Toledo may have licensing requirements of its own, but not the rest of Lucas County.

manwithblackhat on October 28, 2008 at 8:28 PM

My apologies if someone has made this point above, but I think the most interesting aspect of such a suit would be discovery. I, for one, would enjoy deposing these officials and trying to get the full story, under oath, as to who made these decisions and why. Could open up a whole new and interesting can of worms. I’d also like a copy of that so-called policy of investigating anyone who suddenly received a lot of media attention. Many states require checks with the local department of revenue or DSS when someone wins the lottery, receives a legal settlement, or otherwise gets a cash award, but it strains the bounds of credulity to suggest that media attention alone can trigger investigation as a matter of official policy. Joe’s lawyers could have a lot of fun with this. Shame I’m not licensed in Ohio….

RedMindBlueState on October 28, 2008 at 8:31 PM

Why thank you, kind sir.
kareyk on October 28, 2008 at 8:15 PM

well, thank you, kind sir.
fixed it
kareyk on October 28, 2008 at 8:18 PM

*Turns to Linda Jo* Tara Sue ain’t the brightest bulb in the chandelier, but she sure knows how to milk a cow.

ManlyRash on October 28, 2008 at 8:32 PM

what is the Candadian dream?

Janos Hunyadi on Oct 28,2008 at 7:51PM.

Janos Hunyadi:

Rywall’s dream was Dion to be the Prime Minister!

Here’s mine:

1- Team McCain/Palin to rule the White House!

2-SarahCuda to rule the White House,2012-2010!

3-A bacon farm,an untapped river of Molsen’s beer!

4-And a natural habitat of Canadian beavers as far
as the eyes can see!!!!!!!!!!!!haha:)

canopfor on October 28, 2008 at 8:19 PM

Damn, that sounds good. I hope that when the lefties shrivel here, they shrivel in sympathy for you. I’d like to come visit and eat some bacon, drink some beer, and see all the beavers.

JiangxiDad on October 28, 2008 at 8:38 PM

Push forward, get a settlement, and enjoy a few years of financial security courtesy of the state of Ohio. What am I missing here?

Justice.

Montana on October 28, 2008 at 8:46 PM

As a computer scientist (well I’m also my screen name, but I went to school for computer science) the whole test account thing doesn’t mean squat. I mean most test accounts have the username be “user” or “test” and the password be “test” or “password.” What does this mean? This means that I would not be surprised is Brunner herself accessed the files.

MobileVideoEngineer on October 28, 2008 at 9:02 PM

Havng been in law enforcement and having access to such data bases, part of your training is that you need a valid reason to access them. “Just because”, “I felt like it”, “I was curious” don’t cut it. And there are penalties for misuse.

He should win, and there should be CRIMINAL prosecution for those who accessed the data base. NOTE: The data base does keep track of WHO accessed the info.

GarandFan on October 28, 2008 at 9:02 PM

ManlyRash on October 28, 2008 at 8:32 PM

server is pissing me off.
I love cows………………

kareyk on October 28, 2008 at 9:03 PM

Please tell us where to contribute to the legal fund. I HOPE he sues.

Security Mom on October 28, 2008 at 9:17 PM

I love cows – kareyk on October 28, 2008 at 9:03 PM

It’s all in the wrist.

ManlyRash on October 28, 2008 at 9:37 PM

Is there a legal fund we can donate to so Joe the Plumber can win his fight?

Mooseman on October 28, 2008 at 9:45 PM

Shep has Megyn Kelly-envy.

Perhaps Ms. Jones-Kelly will experience some scrutiny of her own. Maybe O will sweep down from the skies and carry her off to a desert isle.

Mr_Magoo on October 28, 2008 at 9:54 PM

Joe the Plumber sues, wins several barrels of cash, and thereby accomplishes The Messiah’s dream of wealth redistribution.

And we all thought this was a bad thing.

shaken on October 28, 2008 at 9:57 PM

what is the Candadian dream?

Janos Hunyadi on Oct 28,2008 at 7:51PM.

Well, I think in Drywall’s case it would be to post just one of his simpering, LibTard, nonsensical, irrelevant posts here and not have Manly Rash fold it up and break it off in his ass….

BigWyo on October 28, 2008 at 10:03 PM

shaken on October 28, 2008 at 9:57 PM

Great. Now all I have to do to get in on this gravy train is to ask a question of the one, and then wait for the media and the obama toadies to look into my personal information and divulge embarrassing facts from my life that I’d rather not have divulged and then collect – well, get half after my lawyer does all the heavy lifting for me. and then I get some of this wealth spread around to me.

Sounds like fun. I’m in.

wise_man on October 28, 2008 at 10:14 PM

What am I missing here?

Nothing, Sir. These were my thoughts exactly.

Troy Rasmussen on October 28, 2008 at 10:46 PM

I wouldn’t count on the RNC (or any of the xRxx committees) to help Joe with this. Bunch of elitist wimps could care less about anyone who isn’t a Washington insider, even if it is someone that is most likely one of the largest non-monetary factors in helping them win the election.

In fact, I’ll bet you this: If Joe does decide to run for Congress, he will pretty much be ignored by the RNC and the NRCC. They don’t much like honest Conservatives with common sense any more.

~~However, I and most of my compatriots here at HotAir would be glad to help Joe hire a lawyer to sue the 0bamanations in Ohio that violated his rights and to help him run for Congress.~~

LegendHasIt on October 28, 2008 at 8:13 PM

That stuff. Let’s face it. Guy’s gonna be hung out to dry. Last Smeato thread got like 10 comments. Buncha fair weather friends.

RushBaby on October 28, 2008 at 10:52 PM

JOE: Please sue. Biden might yet know a plumber who made $250,000.

miron on October 28, 2008 at 11:26 PM

RushBaby on October 28, 2008 at 10:52 PM

What’s your problem?
What’s Smeato? Southern Mexico Emigration and Transportation Organization?
Where did I ever say I was going to give money to whoever or whatever whatever Smeato is, and then renege?

And how would YOU know that I (or anyone else) did fail to come through on such a promise?

LegendHasIt on October 28, 2008 at 11:46 PM

“. . .Many states require checks with the local department of revenue or DSS when someone wins the lottery, receives a legal settlement, or otherwise gets a cash award, but it strains the bounds of credulity to suggest that media attention alone can trigger investigation as a matter of official policy. . . . ”

RedMindBlueState on October 28, 2008 at 8:31 PM

Oh. It just occurs to me that an angry Obama supporter might have heard “I want to buy a business that grosses 250,000 a year” as “I have a huge pile of cash.”

SarahW on October 29, 2008 at 2:27 AM

I’ve contacted a buddy that attends Liberty University and is heading to their Law School next year (after he gets his bachelor’s in Governmental Affairs). He is active with the ACLJ. Wheels will hopefully start to turn

btw: ACLJ=American Center for Law and Justice. Think of it as the conservative version of the ACLU and you’ll be fine hehe

SgtSVJones on October 29, 2008 at 2:30 AM

btw: ACLJ=American Center for Law and Justice. Think of it as the conservative version of the ACLU and you’ll be fine hehe

SgtSVJones on October 29, 2008 at 2:31 AM

btw: ACLJ=American Center for Law and Justice. Think of it as the conservative version of the ACLU and you’ll be fine hehe

SgtSVJones on October 29, 2008 at 2:32 AM

I seem to recall there was actual lefty anger at his not having some large sum of cash to put on the barrelhead. For richer, for poorer, they were going to be hating on this guy for “tricking” O with a fair question.

SarahW on October 29, 2008 at 2:33 AM

Damn, that sounds good. I hope that when the lefties shrivel here, they shrivel in sympathy for you. I’d like to come visit and eat some bacon, drink some beer, and see all the beavers.

JiangxiDad on October 28, 200

I’m not good with double en’tendres (sp?). Are we talking real beavers…I mean furry…oh, never mind!

SKYFOX on October 29, 2008 at 5:22 AM

Well, I think in Drywall’s case it would be to post just one of his simpering, LibTard, nonsensical, irrelevant posts here and not have Manly Rash fold it up and break it off in his ass….

BigWyo on October 28, 2008

What, no KY? You guys are heartless.

SKYFOX on October 29, 2008 at 5:49 AM

I hope Joe causes half the lefties in Ohio government to lose their jobs. Either through his law suit or the uproar during elections.

Hawthorne on October 29, 2008 at 5:57 AM

allah,

plural would be “records searches“.

MarkTheGreat on October 29, 2008 at 7:43 AM

2-SarahCuda to rule the White House,2012-2010!

I’m sure hoping you meant 2012-2020.

MarkTheGreat on October 29, 2008 at 7:46 AM

Let me get this straight. It’s illegal for a cop to stop a BMW with darkened windows full of suspicious characters at 3:00 in the AM driving slowly in an exclusive neighborhood and check ‘em out.

It’s ok for a bureaucrat or a bureaucrat’s crony to check out an average “Joe” who just happens to ask a bothersome question of a democrat candidate. I see no problem here. KGB in action.

The US turns into the USSR right before our very eyes.

Sloan Morganstern on October 29, 2008 at 10:00 AM

What am I missing

Only that this goes against the spirit of self-reliance that we once stood for.

I would have no problem with him suing. It would also open the door for more discovery of what went on. Then he could settle for a small sum, legal fees and a large contribution to a charity like the Heritage Foundation or Cato Institute. This would send a more powerful message.

OBQuiet on October 29, 2008 at 10:22 AM

Nail them Joe!!

Maxx on October 29, 2008 at 11:52 AM

Invasion of privacy, illegal use of Government records, political use of Government records, abuse of power?

Oh, sorry Len, I was supposed to call all of that “frivolous” wasn’t I?

We should embrace and encourage a Government that abuses power and simply allow these abuses to go unchecked. Because if you can’t trust that power-hungry “Big Brother” is “here to help” then I guess you’re being frivolous. Yeah, sorry… not buying that definition.

gekkobear on October 29, 2008 at 12:15 PM

“You go, girlf…er…boyf…You go, Joe! Sue their asses off!”

BTW-Kudos to the Cols. Dispatch for their yeoman work on reporting these obviously politically motivated AND illegal invasions of privacy of an American citizen in direct violation of our Constitutionally-guaranteed rights.
–
Ignorance, our most costly commodity – paraphrased from Rush Limbaugh.

Wildcatter1980 on November 1, 2008 at 12:34 PM

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