Small Businesses Decline in Michigan After P.A. 495 is Passed

In 2005, before Bill 4231 was passed and became Public Act 495, there were an estimated 822,000 small businesses in Michigan. Fifty-three percent, or 435,660 were home-based. In 2009, that number had been reduced to 805,902 according to Gaebler.com, a provider of resources for entrepreneurs. Small businesses in Michigan had a net job loss from 2005-2008, and self-employment in Michigan declined over the last decade. According to the most current federal data available as of October 4, 2015, Michigan now has 765,487 small businesses in Michigan, 209,751 of which have employees. The remaining 555,736 have no employees. That’s what happens when government allows big business and lobbyists to entice them to eliminate small business. You get decline instead of growth.

Publication Update

Just an update on projected launch. Publisher is telling me that "Under Color of Law" is expected to be ready for release in December. I'm planning to be at the Davison Pumpkinfest on Saturday, October 10th, passing out flyers and networking with organizations set up at that event. I also plan to pass out flyers at the Auto City Speedway Fall Swap Meet on October 10th. A copy of the flyer is below.

Winner of the Aspiring Writers Association of America 2015   Manuscript Critique Award

 

UNDER COLOR of LAW

Local Author, Local Story

                                                           By Larraine Stanislaw            Available soon in paperback and on Amazon.com

The Story of Public Act 495

 and the search for justice when caught in the crosshairs of money, power, and government.

 

A compelling true story about muscle cars, the dream of small business ownership, and the reality of loss and perseverance against overwhelming odds.

Go to www.undercoloroflaw.blogspot.com for information on availability.

Author Biography

Larraine Stanislaw is a married mother of three. Over a 35 year span, she partnered with her husband in several automotive entrepreneurial endeavors in the Flint, Michigan area. Through her experience she formed her own small business consulting service, assisting aspiring business owners and entrepreneurs through several agencies, including The Small Business Development Center, a collaboration of the Small Business Administration and area universities. She has written business plans and grants in conjunction with Mott Community College, Michigan Department of Career Development, and the University of Michigan-Flint; and taught a business plan writing course through the University of Michigan-Flint’s non-accredited course offerings.

She also served eight years on a state-mandated parent advisory committee for special education at the Genesee Intermediate School District, chairing the committee for three years, and serving as vice-chair for one year. During her tenure as chair person, she organized and chaired county-wide workshops for parents of special needs children, and was part of the GISD core-training team for the 1997 Reauthorization of the Individuals with Disabilities Education Act.

She now takes the reader on a true life saga detailing a courageous eight year battle she and her husband embarked on in response to unprecedented events brought about by the actions of government officials that affected hundreds of small businesses in Michigan, and changed their life in a way they never imagined possible.

When the Stanislaws’ own business was eliminated through the actions of government officials, and their efforts to obtain justice seemed impossible to attain, she decided to focus her talents on their own personal saga, and turn it into a memoir detailing their plight and that of others affected. It was awarded the Aspiring Writers Association of America 2015 Manuscript Critique Award.

Federal taking claims are based on the Fifth Amendment to the Constitution which states,
        
         "[N]or shall private property be taken for public use without just compensation."

It's on this amendment and wording that taking claims, whether property is taken for public use or through the wrongful acts of public officials acting under color of law, are based.

There are five basic kinds of inverse condemnation taking claims: (1) the per se physical occupation claim, (2) categorical claim where the deprivation of all economically beneficial use is alleged, (3) facial taking claims, (4) as applied taking claims, and (5) unconstitutional conditions/exactions taking claims.

Information obtained from: http://landuselaw.wustl.edu/takings_update.htm

If you have experienced a taking by government action, we'd like to hear from you about your experience. Please leave a comment.

WANTED! Media Publicity

In December 2004, the Michigan legislature passed Public Act 495 as part of an overhaul of the Michigan Vehicle Code. At a point when passage was imminent, and in relative secrecy, new requirements for auto dealers were added to Bill 4231, which became P.A.495. These new mandates were responsible for eliminating hundreds of small businesses throughout the state. We were one of those unable to renew our licenses because of the new mandates.

 Research shows that procedural requirements were bypassed in the passage of P.A. 495, and it appears the actions of legislators violated Michigan Constitution. We were told the law was paid for by large auto dealer associations to limit competition in the marketplace. I authored a book based on our findings and experience.

“Under Color of Law” is the story of our journey as small business owners and entrepreneurs, and the devastating effects of P.A. 495 on those caught in its crosshairs. It’s a compelling true story of our search for justice and an enlightening account of what can happen when government operates without parameters or accountability, and at the behest of those with money and power.

“Under Color of Law” has won the Aspiring Writers Association of America’s 2015 Manuscript Critique Award, and is slated for publication later this year on Amazon.com, and in paperback. It exposes how legislators sidestepped critical mandates and procedural guidelines to accomplish what it appears lobbyists and big businesses desired; and highlights how devastating laws can be when legislators are allowed to conduct business in such a reckless and egregious fashion.

I am looking for media publicity to promote “Under Color of Law,” and forums in which to address these actions. It is our desire that the book and publicity surrounding it will help to open dialogue and illicit changes in the legislative process to prevent the devastating results P.A. 495 had on businesses in our state, as well as the customers who depended on them.

 

If you have any ideas, please contact me at undercoloroflaw@gmail.com, or leave a post.

UNDER COLOR of LAW

Local Author, Local Story

* About muscle cars,

* the dream of small business ownership,

* and the search for justice when government violates its own laws

The Story of Public Act 495

The Civil Rights Act of 1871 now 42 U.S.C.A Section 1983 “SECTION 242.  Deprivation of rights under color of law.”

“Whoever, under color of law, statute, ordinance, regulation, or custom, subjects or causes to be subjected, any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights privileges, or immunities secured or protected by the Constitution or laws of the United States…shall be liable to the party injured in an action at law, Suite in equity, or other proper proceeding for redress…

 

P.A. 495 was passed in December of 2004 by the Michigan Legislature, and signed into law on December 27, 2004 by Governor Jennifer Granholm. This law had far-reaching effects, some of which were not anticipated by the Legislators, or even those behind it. For many caught in its cross-hairs, life would never be the same. We were among those. "Under Color of Law" is our story.