Showing posts with label Unconstitutional. Show all posts
Showing posts with label Unconstitutional. Show all posts

Wednesday, November 09, 2016

America under Trump

Should never let someone with so much money run for president. 
Republicans historically deny access to Human Rights complaint, trial, & prosecution because "they can't afford it."

What does that say About the American ideals of freedom, beyond the abolition of real chains and whips slavery?
Welcome to 2016, an overrated display of humans taking the slippery slope back to animalism and loss of real spirit.

Thursday, August 18, 2016

Toxic Mold Legislation needed

Angela Kneale is a survivor of Toxic Mold aka Mycotoxin poisoning. What is contained in this page and blog is my personal experiences in living with and reducing symptoms of the Toxic mold strains in MY body and in my belongings. This is my personal journal as many have asked me questions about how I was able to get healthy from Mold Mycotoxin poisoning experiences. Also, I have a resurrection gene. 8/28/2016
They say that you won't know until you are on the same frequency. And, rightly so, noone really wants to be discussing toxic mold. I didn't know that some of the tent encampments in Honolulu were a result of sick buildings and mold ridden A/C ducts. Not all of the toxic mold and black mold on Oahu is posted notice. And, many landlords force the tenents out without any compensation for mold contaminated furniture, do a small repair of the moldy area and then re-lease the rental space. Due to the expense of furniture replacement, many tenents will take their mold contaminated furniture with them without proper treatment to the mold. Then, they move their belongings to a public storage unit or a new residence where the mold can continue to flourish. There is no Public Interest Research Group (PIRG) that I know of. Additionally, the issue of Toxic mold is that it is a biotoxin and classified as a biological weapon. So, anyone can see the double edged sword of this mold strain being a public liability.

If I were to start a HI-PIRG group- I would be lobbying Hawaii State Legislature with a bill that makes it mandatory for Hawaii residents to be tested for toxic mold strains bi-annually or Annually sometime soon after Hurricane season and before the Holidays. I doubt it would give a completely accurate picture of where toxic mold is accrued, but it might help define areas that are severely affected. I think that this is important because mold spores also can root in clothing, and workers can bring it with them to the international hotel setting in Waikiki. Workers in hospitality industry are already subject to mandatory TB (tuberculosis) testing. A toxic mold test can be very fast with the correct high powered microscope, a drop of blood or two from the finger for slides (amount of blood much like an anemia test).

According to Dr. Croft (on http://www.survivingtoxicmold.com), 525,000 people died with toxic mold in 2003 with a 40% mortality rate. They estimate that the mortality rate has risen to 55% in 2005, 11 years ago.

Since 2014, when I learned I was contaminated with toxic mold;- I have learned of others who have gone through this experience. Toxic Mold survivors are typically left financially devastated.
In 2 years and 6 months, I have learned word of mouth of the following:


  • 1 person on Kauai who is mentally ill and incompetant from toxic mold
  • 1 person on Kauai (vegetarian) who had surgical removal of a tumor caused by toxic mold
  • 1 person PH Pauoa Valley loosing their home to toxic mold & has many toxic mold symptoms
  • 1 person in back of Pauoa Valley has a large tumor looking object (not confirmed toxic mold)
  • Me who in back of Pauoa Valley (the only 12B Oahu microclimate)contracted toxic mold
  • Renters in Chinatown living in tent encampments due to Mold affected air ducts.

Homeowner responsibility to tenants is low in Hawaii. Many renters have no rights as I learned there are laws that do not protect tenants who do not OWN the condo unit or rental room. This I learned is due to the land having separate ownership from the building owner. A condo owner who rented a room and bathroom to me in their penthouse was exempt from any human rights responsibility to me by Hawaii State Law. I learned this when the condo association shut off utilities and attempted to extort the condo owner's condo association fees from me. I had barely lived there for 1.5weeks. I learned that the Honolulu 1st District Court mandated that do not have basic U.S. Constitutional rights in Hawaii as a renter at all, according to Hawaii State Law.












Thursday, May 17, 2012

Unconstitutional to Who? My landlord's in Bankruptcy!!!

Moving day, I was so ecstatic to be moving from my old place and cutting my rent nearly in half in the Economy of April 2012. Little did I know, my NEW landlord was in bankruptcy.
I was aware that my landlord "may" be under foreclosure;- however I had an inexpensive room in a house on the market in a similar situation. I thought I'd be there for 1 month maybe two at first. I wound up living there for approximately 1 year until the sale of the house (approx. $682,000) was closed on.

I found out May 1st that my new landlord is indeed, in bankruptcy. And, in my searches through Hawaii's Supreme Court Library;- I have only found a few laws and cases that apply to private/personal leases and tenants taking landlords to court.

Plus, the electricity has been shut off since May 1st by the Association that runs the building. It's an older building so all of the utilities are not on separate lots. And, the Association/Board decided to try and force
anyone in the Penthouse apartment unit out of the unit by shutting off the utilities to the unit at the breaker box within the building. Keep in mind, the breaker box is indeed LOCKED.

Step 1.  After a nearly a week of discussion with my landlord in person I mailed a letter stating that I'd like the utilities restored.
Step 2. After his hearing with the Association in Federal Bankruptcy Court to have utilities restored;- the Association did not turn on the utilities. So I filed a petition(s) for TRO against Unlawful Utility Cut-Off as well as related "Claims for damages". Keep in mind, the landlord would possibly incur daily fines of $500 to $10,000 in Hawaii for not providing the basic hot water, electric, etc. (despite it not being his "direct" fault)

Step 3. The hearing for my case commenced yesterday May 16, 2012  as I feel I exercise my tenant rights despite under Hawaii District Court Landlord-Tenant Manual --The Landlord as the Debtor 365 (h)(1) "...the non-debtor tenant may elect to retain its rights under the lease."  And 365(h)(1)(A)(ii) specifically relating for my "quiet enjoyment, etc."

Step 4:  The initial "Ex Parte TRO (Temporary Restraining Order) against unlawful utility shut off" has an addendum TRO on it as "TRO for Harassment."   And, I was instructed by the Judge to file for a "Motion for a lift of stay" in US Federal Bankruptcy Court, in order for me to proceed in the District Court.
This has 2 SERIOUS problems:
1.  I reside at the same residence with my landlord in a separate bed/bath situation;- as it is a penthouse. 
2.  To file for a "Motion for a lift of Stay" is expensive ($150 file fee) as well as filing any and additional Complaint at ($293) without an attorney. And, I believe must be filed with 20 days notice to debtor-landlord.

Step 5:  Filing Motion for lift of stay as by Federal Procedure/Bankruptcy/9:1111 Motion for Relief:
- as I researched in the Supreme Court Law Library and also viewing the forms for Motion for lift of stay/Automatic Stay. I am not in a typical Creditor position for which these Motion forms seem to be intended. Though i may use terms "non-debtor tenant and debtor-landlord" I do not feel that it doesn't compromise my BASIC U.S. Constitutional Rights. And so I found that there is 9:335 Constitutional limitation on exercise of jurisdiction by bankruptcy court, and am wondering why in the world I, personally have to file for the Motion for lift of stay despite my landlord and his property falling under Title 11.
It seems unconstitutional to me to have to even subject myself to being potentially held in contempt of court at the Federal level when this is a case that should only be held at the State or District level. I feel that the very act of Filing for Motion for lift of Stay violates my individual Constitutional rights that are deemed "Limited" by the Federal Bankruptcy court.

I'm screaming inside since this happened yesterday. I feel so Violated by the Hawaii Court System and that they are ordering me to deny myself my basic Constitutional Rights and also to Due Process.