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Purple Heart Recipient Victimized by Locksmith Licensing Law - U.S. Army Iraq War Veteran Locked Out Of Profession For Rescuing Stray Dog

12/5/2012

52 Comments

 
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By Barry Campbell, Managing Director SOPL

Kerrville Texas, Kerr County Texas 2012 - 

Texas locksmith, Elvis Hernandez, had been working as a locksmith for about 10 years before being deployed to the Middle East to serve 
a 4-year stint in the Iraq War. This U.S. Army combat veteran, who had been awarded the ultimate symbol of sacrifice - a Purple Heart and an Honorable Discharge, returned home to the challenge of rebuilding his business and serving his community. 


Mr. Hernandez has the additional challenge of being a single father, but he also has the support of many others in the locksmithing community in the San Antonio area, recently being named to the Board of the San Antonio Locksmith Association and having a positive employment history with IDN Acme, a locksmith distributor.

Given his military service and the respect and praise given him by his friends, former employers, and co-workers; it is no surprise that Elvis Hernandez has a strong sense of civic duty. But it is equally a shame that his sense of compassion and concern for others has led to him being barred from practicing as a professional locksmith.

Late this last spring, on the way to a job, he saw a small dog wandering loose on a highway where speeding cars were passing. He stopped to rescue the dog, which had no collar, leash, or identification and at risk of becoming roadkill. 

He asked his customer if they knew who the owner of the dog was. When the job was completed, he left his contact information with the customer who lived in the area in case the owner came looking for the dog. Mr. Hernandez cared for the dog briefly, but had to give the dog to a relative because the lost dog did not get along with a dog he already owned. That was not permanent either, but at least the dog was not left to roam along a highway in harms way.

Months later, Mr. Hernandez received a call from the customer, who had eventually heard from the alleged owner of the dog. At this point, Mr. Hernandez was no longer aware of the location of the stray dog he had rescued. Subsequently, he was contacted by the owners of a lost dog, then by the Kerr County Sheriff. The now-irate owner has decided to press property theft charges against Hernandez, who has since been arrested on the misdemeanor charge and had to be fingerprinted, have a mug shot taken, and spend over 24 hours in jail, before being released on bond, pending trial.

The whole story sounds ridiculous enough at this point – a negligent owner charging a good Samaritan with theft of their dog without any evidence that the rescued dog was, in fact, their lost dog; and the arrest and pending prosecution for property theft, months after the fact, of someone who left their contact information in the hope of reuniting the owner with their dog. Thieves don't do that!

But things have become much worse for Mr. Hernandez. Nothing less than a tragedy, he has been barred from practicing his chosen profession. Because he has been charged with a crime, his locksmith license has been summarily suspended by the State of Texas Department of Public Safety without a hearing. His business has been effectively shut down. 

His friends in the locksmith community are barred from employing his skills as a locksmith. The damage being done to Mr. Hernandez's reputation is not the result of the actions of a negligent dog owner; it is not the result of what has every characteristic of overzealous law enforcement and malicious prosecution; it is purely and simply the result of the locksmith licensing law. 

What would have been a bump in the road of his life has become a complete roadblock. Even if the charges are dropped or he is acquitted, it could easily take months for him to regain his license, under the locksmith licensing law.

As bad as the other circumstances have been, the effects of the locksmith licensing law has been devastating. He could run for Mayor, Governor, or even President of the United States, but he can't work as a locksmith simply because of the locksmith licensing law. 

Those who have supported such laws should be ashamed at their results. Supposedly, these laws were enacted to put scammers out of business, but how many of them have been prosecuted under the locksmith licensing laws? As he served our country, Mr. Hernandez probably felt that he was supporting certain ideals, such as innocent until proven guilty. Little did he know that he would be presumed guilty until proven innocent by laws purporting to protect the industry he worked in. 

Ironically, Mr. Hernandez said that he supported the initial efforts to license locksmiths in Texas, though he felt that the moneyed interests supporting licensing laws created a system far different than what the local locksmiths had envisioned. 


This should serve as a warning to those who think there is any merit to government interference and regulation of the industry. It is reprehensible and inexcusable that a decorated war veteran should become a victim, collateral damage, in the supposed war against locksmith scammers.

The Society of Professional Locksmiths has been warning the locksmith industry 
of the perils of the slippery slope. The days of warning are over. 
The damage is done. 
                                                                                    Tom Lynch, Founder & Director of the SOPL

Thank you Elvis for your service to our country
&
 and for saving the stray dog!



Additional References -

Huffington Post  - Elvis Hernandez Rescues Dog, Finds It New Home, Gets Arrested
KENS5 News San Antonio - Big trouble over little dog: S.A. man jailed over untagged Dachshund
T.F. Stern -Presumption of Guilt

52 Comments
Michael Bronzell link
12/5/2012 16:23:29

Great story. Its a shame that locksmith licensing has only proven to work against already licensed professionals rather than on the scammers without licenses.

I want to point out that I am not an advocate of licensing as it has not done a thing in my opinion. I would also like to say that the effort to license locksmiths began before the scammers showed up. Licensing has also been almost entirely Ineffective with regards to the scammers as they operate without them with total disregard to laws.
I am also the chairman of the ALOA task force regarding scammer locksmiths and the task force has no official opinion regarding licensing legislation. While I am sure there are those that are using the scammer issue to promote the licensing efforts I want to make it clear that I am one person not using the scammers to promote licensing. In Illinois we have licensing and it is relatively useless.

Reply
Barry Campbell link
12/5/2012 17:41:42

Mike, I've known your position regarding licensing for some time, and greatly admire you for it. I've said before, and I'll say it again, that I don't know of anyone with a greater commitment and devotion to fighting the scammers than you. Your frank and honest assessment of licensing is greatly appreciated. The problem is that the licensing crowd has used the scammer issue to advance their own agenda. You're absolutely correct that licensing was an issue long before the scammers. Unfortunately, while your task force may not have an official position regarding licensing, ALOA has."Long term, ALOA believes that the ultimate solution lies in locksmith licensing." ("Fake Locksmiths, Real Problem", Keynotes, April 2009, page 37)
Just wish the rank and file locksmiths would learn from your experience.

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Don Frith, CJS link
12/7/2012 19:08:22

At one time I was an advocate of controlled locksmith licensing while I was in VA, publishing the VLA newsletter. After evaluating ridiculous occurrences in other states, I reversed my position. One locksmith I talked with at a SAVTA convention told me that in his state (I do not remember which), he could not report and get a scam locksmith who had a license, in order to have the state revoke his license. The reason: only customers who had used that locksmith could report them to the state to start an investigation. Another issue is that I and others I know are not locksmiths, but full time Safecrackers - we do no locksmithing at all. Some of the states require full time safecrackers to get the same locksmith license that locksmiths are required to get. And some of those states require an exam to pass to get a license; some of the full time safecrackers could not pass that exam, as they have been only safecrackers from the beginning, with little or no locksmith training. Obviously, this could be a real issue for a few of us. Finally, I was in Virginia during the early days of the state pushing licensing. When the Alarm Industry got their licensing, they initially attempted to make it illegal for a locksmith to work on Detex and similar units since these were classed by the state as 'alarms'. We jumped in feet first to this battle, and the bottom line, we lost the right to work on any Detex style alarm that did not have a lock attached to it (door bells also fell in this category). And to top it off, Virginia was going to require the locksmith licensing to be under the control of the same people that license those alarm techs. Fortunately, due to family issues, I had to close my business to move to the midwest to assist my parents, and I was not subjected to the VA licensing law.

Oh, and by the way, wasn't it Texas that pushed their locksmith licensing bill through their legislature with provisions that prevented locksmiths from doing almost anything pertaining to locksmithing? If I remember, it took a couple of years to get that fiasco resolved. To coin an old phrase, if they outlaw guns, then only outlaws will have guns.... if they license locksmiths, then only legitimate locksmiths will have licenses (leaving the scammers to work without licenses.)

Regarding Mr Hernandez, those of you of faith should have him on their prayer lists. We don't know a lot of the behind the scenes that has gone on in his case, and I am sure he has been doing all he can. I must say that I would be having some serious discussions with the state attorney general as well as major legislators. I know he will appreciate some of the options I have seen presented here. (Oh, and Michael, the license law you have is not totally useless -- it generates income for the state!)

Jim Campbell link
12/9/2012 20:32:15

It is also useless in Alabama. It is not being enforced. Therefore it hurts the locksmith who comply. More than 80% of the locksmiths in this state are not licensed. If it is not going to be enforced it needs to be repealed.

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T.F. Stern link
12/6/2012 01:03:29

Nice job of pointing out that locksmith licensing hurts legitimate locksmiths and society as a whole by turning us into servants of the state. Individual liberties once lost are difficult or even impossible to regain. The ALOA has pushed for licensing for quite some time and represent the socialist side of our society; that a few elite know better how to run our lives. I've written extensively on this issue; but apparently singing to the choir and warning about locksmith licensing has about the same results.
Thanks for a well written article Tom.

Reply
Lou Frascella
12/6/2012 01:34:22

Back in the day when Illinois was planning occupational licensing for Locksmiths, I knew it was the work of individuals with an inferiority complex. Little did these individuals know how much damage they would cause, people with that type of personality disorder can be dangerous.
Now with several states requiring licensing, and Locksmiths seeing no advantage from it, turning back will be difficult.
The treatment of this soldier is shameful and sickening, we should all be very angry about the degree of disrespect this gentleman received.
Do you support Locksmith licensing? Here we see the frightening results.

Reply
Glenn Younger
12/6/2012 02:39:14

I can't imagine that the Texas Locksmith Licensing law allows the state to take a license if someone is just accused of a crime. Innocent until proven guilty...
If that is the case then it is a stunningly bad law and likely not even constitutional. Again, if true, then Elvis and other locksmiths in Texas need to man up and change it.

If there was a law that said the speed limit on the interstate could only be 30 MPH, people should change it. Not work on eliminating all traffic laws. Change bad laws. Simple enough.

Locksmith laws in my state are designed to keep convicted felons from being locksmiths. I think that is a good thing.
No inferiority complex, just trying to limit who can advertise as a locksmith for hire to the public.

Elvis already knows he does not need a locksmith license to work for IDN, any facility, state or government agency, school districts, hospitals, or not for hire locksmith positions. So there are many jobs available for him. The University of Houston has an opening right now if he is good enough. (Job will be posted Jan. 2013)

Again, if the law is bad change it. Just do it. it's not hard, just requires some effort. Bitching about it on a blog will not change it.

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Ken Bess
12/6/2012 02:51:23

Glenn

Can you explain how a license requirement keeps a convicted felon from doing locksmith work? Doesn't it just keep him from doing it legally?

Reply
Glenn Younger
12/7/2012 11:32:05

Just keeps them from advertising as a licensed locksmith. Felons an still do locksmithing, they just run the risk of getting caught, fined and convicted.
Will not keep anyone from doing anything, just make it painful to do so.

Lou Frascella
12/6/2012 03:18:05

He was arrested on a misdemeanor charge, no one will hire him until it is wrapped up and expunged.

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Glenn Younger
12/7/2012 11:48:57

Lots of jobs for someone with locksmith skills, as I mentioned. Go to work for a locksmith or door hardware distributor, the State of TX, a local school district, the state or federal prison system, a large hospital, a large facility, military base, etc.
None of them require a Texas locksmith license.

They might require a clean record, so if they don't hire Elvis it could be for a variety of reasons, not because of no locksmith license.

I feel for Elvis. But I also know that there is more than one way to make it in the world with locksmith skills. If the only job Elvis is willing to take is as a retail locksmith or be in business for himself as a retail locksmith, then he is in a tough spot.

Back to changing the law. Elvis has a reason to change the bad law. Any locksmith in Texas has a reason to do it too. If no one tries to do it it will not happen.

Best of luck. I wish for all locksmiths the courage to change the things that they can.

Barry Campbell link
12/6/2012 04:59:04

Yep, Glenn, as soon as you are charged with an offense your license can be suspended. Somehow, that is different from a revocation of the license, which can only happen if your found guilty. But to the working locksmith, the result is the same - you're out of work.

So good of you, by the way, for suggesting alternatives for Mr. Hernandez. It's easy when it's not happening to you. Your lack of empathy is astounding. That he can get another job is not good enough. Sure, "there are many jobs available to him." I can think of a few jobs good enough for you too, but I don't have the arrogance to suggest what is good enough for others. He is a locksmith, rebuilding his business after serving in the military, and the licensing law is preventing him from doing so. Can't say it would be easy for me to shed any tears if you were to find yourself in the same situation. But, I know, you're too good for that...

Word of caution: don't tell any vets that you suggested a Purple Heart recipient needs to "man up."

Reply
Tom Lynch link
12/6/2012 13:36:59

Glenn what will you say when you are wrong? Are you capable of apologies? You seem to doubt a lot things even when facts are right in front of you. What more is it going to take for you to sober up and accept the facts and knock of the "if true" nonsense?

Barry and myself just got done having a long discussion with Mark Baldino on LinkedIn and you exhibit the same shameful lack of empathy and denial. It's very sad to witness. At least Mark humbled himself and ultimately offered to give Elvis some financial support. You have deep pockets Glenn....I think you should match Marks contribution. Just don't be cheap,

I get the impression you don't listen well. I have seen you post here before and then run away. If you choose to do drive by posts and you are not able to "man up" and square off with reality that's your choice.

It doesn't take a genius to search the Texas Department of Safety to see it is true. If you are struggling let me know. I am sure one of the many educated members of the SOPL would be willing to assist you.

Your remark - "man up" is offensive and I personally feel you owe Mr. Hernandez and others a public apology. As a veteran myself I am finding myself tempering my displeasure.

Things are not as simple as you try so hard to sell. You are an advocate for licensing so just say it. I believe you are part of the problem as are others because in your own worlds you are in denial. Others disagree. I disagree, and we will voice it whether you like it or not. I understand that censorship is something those of you involved in these regulations crave, but it is not happening here.

You should heed Mr. Thomas Sterns advice and do your homework before you dismiss others efforts.

I am glad you feel you have no inferiority complex...self affirmation for some people is helpful, maybe that's why you don't believe the things you hear! But I do think you and many others are obsessed and that obsession needs some intervention and counseling in my view. If you cannot find a shred empathy in this situation and recognize things are wrong than there is seriously disconnect going on.

Bitching on a blog? Is this how you see things?

Compared to what Glenn? Compared to all the whining you and others have done regarding the need for licensing and the scammer excuse? If you consider a factual report to be bitching, then I can't help you.

Maybe Mr. Hernandez doesn't wish to be a counter person at a distributor, maybe he does;not want to have to hear your insults. Maybe he is self reliant and desire to exhibit the american entrepreneurial spirit and run his own business. Have you ever thought of this or does your mouth move faster then your logic?

He is nice person and I was involved in the interview Barry reported so perfectly presented. I challenged Elvis and he was not rattled. I contacted numerous others. I know when someone it full of it Glenn, that's why I am spending my time to respond to your post.

If you doubt things are true then I challenge you here in the public eye to prove me wrong when I say it is. I am man enough to apologize if there is an error, are you? If you feel things are not true then do your research and have a report on my desk by 9 a.m. Monday morning and I will review it.

Your have a right to your opinion and I appreciate your posting, hopefully you will respect mine.

Reply
Glenn Younger
12/7/2012 12:33:28

Hello Tom,

Sorry if I offended anyone with the idea that if they want to change something, they will have to do something. Most change does require getting up, standing up and doing something. There was no insult intended with the man up comment. Just the strongest words I could come up to express the reality that if you want to do something, or change something, it generally requires some effort.

I have no desire to be "right" or "correct". I'll state what seems logical to me. If it does not agree with you, then please ignore, or respond as you did.

As for my lack of empathy, Not sure where anyone gets that. I feel for Elvis. I also hope he is working on a plan B.

I'll rejoice when the Texas Locksmith law is changed. Elvis should not be guilty until proven innocent, and kept from his chosen work.

When a locksmith law was being changed in my state, I made damn sure that it was as useful as possible, and did not limit anyone from being a productive locksmith, if they so desired. There were very few other locksmiths showing up and helping with that effort to make the changes better. More than half of winning any battle is just showing up, in my opinion.

And finally; I respect your opinion, and am glad we have the opportunity to share with each other. We may not always agree. Sorry about that. Thanks for the chance to reply.

Ken Bess link
12/6/2012 02:43:46

I certainly hope that all locksmiths wake up and keep after their elected officials on the license issue. If it is already passed, fight like the dickens to repeal it.
I stay in contact with my state legislator about this problem and thank god he has a lot of others behind him as well. So far NY State has not gotten this as yet but if we lay back a bit then it would happen in a heart beat. All the state is looking for is MONEY for a going broke entity.
Elvis should get everything back that was lost! It is a pity.

Reply
DAVID HOCKMAN CML link
12/6/2012 03:19:42

The problem is with the texas goverment not the locksmith lic.
I can have any body arrested make all kind of clames . In america you are not guilty untell proven so. Here in virginia under our laws this will not happen . The locksmith laws are there to keep the criminals from praying on the public . Maybe the locksmith in Texas need to lobby to have the agency controlling this lic. have there hands slaped and be fined and have the agency personal fired. If we do not stand up for our rights under the Constitution we are not Americans . You can bet I have and will.

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Barry Campbell link
12/6/2012 05:41:32

The problem absolutely rests on the licensing law. In the vast majority of states, under identical circumstances, Mr. Hernandez would not now be barred from practicing his profession. The theft charge, as ridiculous as they appear to be, didn't take away his ability to work and earn a living as a locksmith. The licensing law did.

And as long as you have your Constitution out, find out where it calls for restraint of domestic trade, which is what licensing is.

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Lou Frascella
12/6/2012 07:03:30

Agreed, it is all about the licensing law in texas. The man simply can't work in the trade legally now because of it.
It's right up front and it speaks loudly, you can't dance around this, it is what it is, and it is in plain english (for those who can speak and understand it).

Bill Partington AHC, CML link
12/6/2012 03:35:51

Tom, this story is really sad, but to make it about locksmith licensing doesn't make sense to me. I would like to see required background checks and registration for legitimate locksmiths in Florida.

Reply
Barry Campbell link
12/6/2012 05:49:05

That's why I noted that, ironically, Mr. Hernandez also originally supported the idea of licensing.

Reply
Lou Frascella
12/6/2012 06:54:15

This man can't work in the trade now, it's all about licensing and how it affected someone's livelihood Bill.

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Tom Lynch link
12/6/2012 13:59:28

Hi Bill! Glad to hear from you, it has been a while.

The issue is squarely about licensing so I respectfully disagree. At the end of the day the issue is that this locksmith was pre-judged and denied his lively hood. There has been no hearing as Barry so eloquently points out.

What you are proposing I understand. What Texas is doing and has done is not what you want and it is abusing its power according to many, many locksmiths on the ground there.

Your a reasonable person and I ask you stop for a moment and contemplate the scenario. Does this rise to the occasion of putting suspending, revoking or anything else for that matter?

I blame the Associated Locksmiths of America who have created this situation with their obsessiveness involvement in these licensing nightmares. I am not sure if you read the follow but take a look at it for me and tell me what you think.

http://www.sopl.us/4/post/2012/07/texas-showdown-locksmith-license-reform-opportunity.html

thanks for your participation Bill. We listen here at the SOPL and the locksmiths voice matters here, other organizations cannot say the same.

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Bradley Osborne
12/11/2012 00:34:00

I will tell you from what I have seen so far in Oklahoma, background checks and registration has not stopped any scammer or any other criminal from plying their trade. The only thing it has done so far is cost a lot of legitimate locksmiths their livelyhood.

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dave white
12/6/2012 03:39:21

yeah that's another thing..all that energy needs to go to the guys that scam the clueless public. As in the random guy showing up and charging $860 for a stuck waffer in a vehicle ign. (that's what happened last year to one on my customers)

Reply
Barry Campbell link
12/7/2012 08:15:37

Unfortunately, Dave, that is one of the sad lessons to be learned here. Despite the rhetoric, the licensing legislation has apparently done little or nothing to curb the activity of the so-called locksmith scammers. Notice that even though several licensing advocates have had something to say about this story, not one has offered a shred of evidence that the licensing legislation has been used to put a single scammer out of business. Makes perfect sense to me, since I contend that is not the goal of the legislation in the first place. Even then, I would have to ask - to balance the scales of justice, how many scammers would have to be prosecuted to make up for the injustices done Mr. Hernandez and Mr. Stern by the licensing law?

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Fred Collier link
12/6/2012 03:42:25

I was the legislative chairman for the California Locksmihs Association in 1979 with the first locksmith law was passed in California.
The law pasted was poorly written and put a lot of requirements on the locksmith as to record keeping when making keys for vehicles.
The first thing I did was make contact with my local state senator and worked with him to rewrite the law so there was less requirement for record keeping and retention of records.
It was a lot of work - BUT the law got changed to satisfy the locksmiths in California.
It can be done- Texas Get to work.
Fred Collier
Past President
California Locksmiths Association 1982-83

Reply
Greg Parks, CRL
12/6/2012 05:00:52

Barry,

After reading your article, I laughed at your headline. Thanks for the laugh!

Your Sensationalistic Headline has been noted and I believe you have done a disservice to a Purple Hear Recipient, Locksmiths of America, and SOPL. Elvis was not Victimized by a Licensing Law. Sounds like he was victimized by some public servants in Texas. "Locked out of Profession by Rescuing a Dog"??? Really? How about "Locksmith's Licensed suspended due to questionable charges placed by apparently negligent dog owner."?

I would hope that the Society of Professional Locksmiths would promote the locksmith/security industry by positive action and fostering productive discussions....not by misinformation and sensationalistic journalism to promote an apparent agenda.

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Ken Bess
12/6/2012 05:21:16

Barry
Sounds like you enjoy putting a spin on discussions.
What misinformation was presented? You can change the wording on the headline but the facts do not change and to laugh at the story shows you have little compassion.

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Ken Bess
12/7/2012 04:42:34

Sorry Barry, this comment should have been directed at Greg Parks.

Lou Frascella
12/6/2012 06:38:44

The title was right on the money my friend, get over it.
The man is unable to work legally as a locksmith in the state of texas because of occupational licensing requirements.

Reply
Barry Campbell link
12/6/2012 08:17:25

I find nothing funny about the headline or what has happened to Mr. Hernandez, and I think it would take a pretty twisted sense of humor to find any. I agree that he is being victimized by some public servants in Texas ( and he is not the only one we've talked to), but the one and only reason that he is currently unable to engage in the locksmithing profession is because of the licensing law. You can backtrack all you want - blame his mother for raising a conscientious young man who will stop what he is doing to rescue a stray dog, but the only reason he can't work as a locksmith is because of the licensing law.

When it comes to sensationalism, we can't hold a candle to ALOA. Instead of promoting the industry, they have been incessantly telling the public that anyone claiming to be a locksmith who doesn't wear a uniform, doesn't have a marked vehicle, doesn't have a storefront, uses a drill to bypass a lock, doesn't take credit cards, doesn't have a license, etc. is probably a scammer. The agenda of that fear-mongering is to enact these licensing laws that serve nothing more than to restrict competition.

Sorry it offends you, because I know it detracts from your agenda, but the SOPL supports the locksmith, big or small, which is exactly what is happening here. And if you can point out any factual errors in the article, I would happily retract and apologize for any misinformation. Unfortunately, sometimes, the truth hurts, especially when you'd rather it not be known.

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Tom Lynch link
12/6/2012 15:13:56

Wow! Greg Parks!

Welcome to the SOPL.blog. You didn't introduce yourself to everyone so I will help you out.

Greg is a member of the board and the next ALOA organization President. He is the groomed replacement for the next election. Voting is irrelevant and the scuttlebutt is Greg is the anointed one who will given the position. Congrats Greg. Please send my regards to Denise.

ALOA is in my opinion to blame for the harm happening to the hardworking locksmiths because of their involvement in the flawed and unwanted regulatory actions.

Greg, if you find laughter in someones misery then you are displaying to everyone the culture of the organization you are a part of and it proves every observation I have expressed is wrong within it. If you think this is funny, I am curious how you are going to react if this happens to you, or someone close to you.

Maybe this needs to happen to you, or the others who are acting insulated and elitist. You might as well just have said "Let them eat Cake" like Marie Antoinette. I don't find this funny at all so please wipe the smug grin off your face.

Barry Campbell has done an exemplary job at presenting a compelling issue. As far as the title of the blog story - I was the one who created it so address me moving forward.

There is no sensationalism, it is fact. I understand those in leadership of your feckless and corrupt organization (in my opinion ) don't like when the truth is revealed. People who stand in the light have nothing to hide. those who stand in the dark do so for evil purposes. Step into the light Greg so we can see you better.

Let's compare the factual story Barry provided and my title to something else....let's say we compare it to ALOA's salacious claims about scammers where some stories have been crafted and designed to create alarm in the eyes of the consumers so your "ends" agenda for licensing is justified.

Be careful with any response, I am well versed and have been involved in this issue,

Let's compared to ALOA's misleading regulators in the State of Florida. Isn't the information you guys gave these folks puffed up or sensationalized in order to mislead or provide misinformation?

See below -

http://locksmithinvestigator.blogspot.com/2010/05/accurate-answers-part-3-neglected-facts.html

There is no need to hope for the SOPL to promote the locksmiths/security industry by positive action, it is done everyday. just take a look at our website. But you know this because you guys have been caught sneaking pictures of our exhibits, and more. If you would step into the light and get out of the dark you may have noticed that the SOPL was the first to provide online training and testing for the industry. You guys are knocking us off now, so who are you kidding? We create the new standard which you are trying to emulate. Your welcome!

I'm not a rookie Greg and I am not a fool. you know full well the positive things we have done. We have fostered productive discussions while your organization continues to be decisive. The the shenanigans and malfeasance that got you all in hot water is what you should be concerned about.

You are trying to do is demand what is, and what is not productive as long as it goes your organizations way. What "I"" funny is how you all are following everything we do. You should be thanking us and you should be considering fostering productive discussions and apologizing to the industry and those you harmed with the Machiavellian behavior we are so familiar with.

Greg a lot of positive efforts went forth to assist Mr. Hernandez with this sad situation, So let me share the "apparent agenda" you seem to be ignorant about and couldn't even spell out

The Iraq and Afghanistan Veterans of America are keenly aware of what is happening to one of their own. They are prepared to offer a high profiled, high powered attorney Pro Bono to Mr. Hernandez as well as other advocacy services. This is the result of the positive and productive efforts of the good members of the SOPL.

I am grateful for their willingness to get involved, I only wonder how some of "their" members will react to the indifference you and Glenn have shown to a decorated war veteran. I am sure joining your organization won't seem very attractive.

I am also arranging for some financial support pledges. Should I expect a check fro you? Don't be cheap, I have heard you - Are you laughing now?

Where were you? Where was ALOA who is right around the corner in Texas!!? I will tell you - you all were out of touch.

Greg, you are entitled to your opinions, you are not entitled to lie.

Barry Campbell has done a wonderful job at presenting this issue, dedicating his time and getting things done. I consider that exemplary when compared to other organizations who can't deliver even with larger boards, staff and a budget given to them.

We care Greg, that's the difference.

The SOPL earns the respect of its members and industry peers by gets things done and this is not misin

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Tom Lynch link
12/6/2012 15:21:06

Continued -

The SOPL earns the respect of its members and industry peers by getting things done and this is not misinformation. I challenge you to point out what is misinformation and when you cannot, I will expect an apology to Barry and the members of the SOPL.

P.S. The story title got your attention and by weeks end you may find it going viral because it is that important.

Greg Parks, CRL
12/7/2012 11:37:50

Barry,

I do apologize to anyone that I have offended by my hastily worded comments on the blog. My wording was interpreted as a lack of compassion and disrespect to an honored service veteran and for that I am sorry.

That is not who I am. I am very sympathetic and compassionate to the plight of Elvis Henandez, a locksmith, single parent, and a community volunteer, all of which I can identify with from personal experience. My father, now deceased, served as a U.S.Marine experiencing much live action in WW II. I grew up in a household respecting the men and women who have served. Those feelings have only grown stronger over the years and I have the highest regard for all active service men and women, as well as veterans. Half of my staff at work are veterans and I am proud to have them as my friends and colleagues. I am surrounded in San Diego with like minded citizens, veterans, and support for the military. It definitely touches a raw nerve when I am incorrectly viewed otherwise.

I do admit to being caught off-guard by what I viewed as a sensationalistic headline. After months of advertising and news articles prior to the recent U.S. Presidential election, I have become overly sensitive to the headlines we see everywhere. I was sent the link to this article from a friend and naturally wanted to see the content. The headline appeared to misplace the true cause of the unjust treatment towards Mr. Hernandez. After re-reading your article, I do apologize again for my wording "misinformation". I have not studied the Texas law and therefore cannot comment on how it was written; if in fact a person can lose rights prior to a conviction, that does not seem fair nor in the spirit of what I believe was trying to be accomplished.

Is it fair to say "We don't want bad laws"? If a law is put in place, it should accomplish what is intended and it should be enforced correctly and justly. If laws are not enforced, they are useless and/or a hindrance.

Tom, please allow me to introduce myself a little better....I started working in the Locksmith industry in 1982. I paid my own way working, saving, thinking and creating to be where I am today. I follow the law, play fair, and I don't lie, cheat or steal. I am a small business locksmith/security professional and am proud of it.

I personally want what is best for our industry. I work hard as a volunteer trying to give back to an industry I love. There is no personal gain derived nor sought after from my efforts. Over the years other industries, such as alarm, low voltage, car manufacturers, have used their lobbying and legislative efforts to eliminate or interfere with locksmiths making a living for themselves. Areas of automotive, electronics and mechanical work have been ruled out of the scope of a locksmith. This is where my ears perked up for the need of protective legislation that kept locksmith work as a viable way of making a living in the future.

Barry and Tom, I think we are in agreement on much more than we may disagree on. My hope is that all individuals in the locksmith/security industry will work together more productively for the betterment of all.




T.F. Stern link
12/6/2012 06:48:34

Not to denigrate or belittle any who’ve taken the time to leave a comment here; but I have addressed these issues in detail, had them ignored for years by both the locksmith industry and those who govern the industry here in Texas. For some reason the hair on my back bristles when someone suggests I or anyone else “man up”; a poor choice of words from those who have never walked in my shoes.

I will list a few links to articles which have a bearing on this comment thread and leave it to you to figure out how licensing the locksmith industry has done nothing except reduce citizens into servants of the State.

I’ll start with the first of many; pull up a chair and a cool beverage if you like.

http://tfsternsrantings.blogspot.com/2005/03/business-licenses-jump-for-joy.html

http://tfsternsrantings.blogspot.com/2011/06/texas-locksmith-license-renewal.html

On the next links, notice the dates of the letters sent to the governing body (DPS/PSB) and my State Representative; so much for being heard and the idealistic thought that our voice is heard or acted upon.

http://tfsternsrantings.blogspot.com/2007/06/texas-locksmith-license-requirements.html

http://tfsternsrantings.blogspot.com/2007/06/june-15-2007-representative-debbie.html

How about the idea that some locksmiths use locksmith licensing to get rid of the competition?

http://tfsternsrantings.blogspot.com/2008/06/texas-unlicensed-locksmiths-arrested.html

How about being ignored repeatedly for suggesting improvements?

http://tfsternsrantings.blogspot.com/2009/03/locksmith-continuing-education-update.html

http://tfsternsrantings.blogspot.com/2010/05/subjects-of-texas.html

http://tfsternsrantings.blogspot.com/2008/04/state-thumb-pressing-down.html

That should do for now. If you want more punishment, go to my blogsite and use the included search engine.


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Barry Campbell link
12/6/2012 13:43:03

I've caught your blog posts from time to time and have always been impressed. I've been checking out these suggested posts as time permits. Liking and sharing each one so far. Hope others will read them as well.

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Lou Frascella
12/6/2012 07:25:31

I stumbled upon your site some time ago Mr. Stern, always great commentary.
My favorite was your letter to the state rep about the continuing education update.
The texas locksmith law was more than likely pushed by a group of old farts with failing business models attempting to cut out competition using business regulation.
Now we have an innocent individual suffering because of their haphazard "holier than thou" ideals and plans.

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Lou Frascella
12/7/2012 01:38:01

Tom. Lynch made a good point, "Where is ALOA" I'm not aware of Mr. Hernandez getting any support from them, or the Texas locksmith association. (correct me if I'm wrong).
I don't believe that Mr. Hernandez is an SOPL member, yet the SOPL seems to be the only locksmith association offering him any support.
He is getting a hard lesson in ALOA and TLA gratitude.

Reply
Barbara Haiss Martin, The Locksmith Investigator link
12/7/2012 01:50:57

Tom and Barry,

Great article!
My sincere condolences to U.S. Army Combat Veteran and hero Elvis Hernandez for the challenging situation he faces. I was glad to read in the posts that his Army and locksmith buddies are coming to his rescue with legal and financial support.

Enjoyed reading comments from some that I had interviewed or read when I researched the ALOA – legislation connection here in Florida. And I re-read the link you posted to Part 3 of my Accurate Answers? series which exposed how ALOA and the Florida West Coast Locksmiths Association answered the Florida Senate’s 14 questions on how their proposed bill would impact Floridians. That one document showed the intent of ALOA and FWCLA to defame Florida locksmiths and impose licensing laws and was the basis of the investigation. It’s always good to go back and review the history of what was written to remind us of the fight. And not only what I’ve written but what has been written by yourself, T.F. Stern, commentators of SOPL and others.

At the ALOA convention held in Orlando, Fla. shortly after the Accurate Answers? investigation was posted, then ALOA President David Howell stated in an ALOA leadership meeting, that I attended, that ALOA had no intention of pushing legislation in any state and that they are only there to help locksmith groups that want licensing laws.

Not knowing Mr. Howell, I did not know if he was speaking honestly and just did not know what was going on within the leadership of the group or if he was just towing the organization’s line. It was a rambunctious meeting to be sure and I didn’t know if I was walking into the lion’s den that day.

Of course, Ken Kupferman gave me a few verbal jabs as did some others – but it’s hard to refute documented evidence. Several at the meeting asked honest questions and one or two even thanked me for the investigation. ALOA is only as good as its leadership and if the cream of the crop rose in the ranks and had enough support, it could change and benefit all locksmiths. It’s possible, but from the comments I’ve read, not probable.

Keep up the good work and continue to encourage others to stay vigilant to protect our freedoms as Mr. Hernandez has done as well as many other locksmiths who have also put their lives on the line for our country and our freedom.

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Tom Lynch link
12/7/2012 02:40:58

Hey Barb! That was David Lowell and he was one of the 2 executive Directors who was let go from ALOA and for good reason. Personally, he should have been walked out with the 1st one in my opinion. This is a story for another news blog (which I have in the bank!)

That statement made was a appeasement ploy, they most certainly are pro-actively involved. Read below -

Keynotes magazine, July 2009, page 33, "State of the Association": “. . . ALOA played a proactive role in locksmith legislation by providing assistance with the passage of locksmith licensing and related bills in Alabama, California, Maryland and Virginia; monitoring and assisting with the process of introducing locksmith licensing bills in Florida, Georgia, Hawaii, Rhode Island. . .

In addition the following was taken off of an ALOA published document for lobbying for licensing -

Q. Why is ALOA supporting this?

A. We, as locksmith professionals, must get involved in regulating our own profession. As the leader of the industry, ALOA wants to make sure that when, licensing of locksmiths happens in each and every state, our industry should be regulated by locksmiths--not electricians, or law enforcement, or auto mechanics, or electronic security, or burglar alarm interests. ALOA's Board of Directors therefore has passed a resolution that calls on the organization to become more proactive in state licensing and regulation of the locksmith industry.

The board of directors under the terrible leadership of Kupferman, one of the worst ever in my view over-reached their power and I believe violated their non profit allowances.

So when they try to give everyone a smile & shoeshine as if they are just there to help, the evidence proves it is not truthful. They have an "ends" agenda and it appears to me they are willing to throw whoever they need to in order to achieve it as you can see by the indifference in their attitudes.

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Tom Lynch link
12/7/2012 05:50:08

Mr. Steve Dale of the National Low Voltage Contractors Association uses the following comment -

"The Associated Locksmiths of America (www.aloa.org) is aggressively lobbing for locksmith licensing legislation throughout North America."

http://www.nlvca.org/forum/showthread.php?t=1622

T.F. Stern link
12/7/2012 13:13:01


Glenn Younger said:
“…If the only job Elvis is willing to take is as a retail locksmith or be in business for himself as a retail locksmith, then he is in a tough spot.

Back to changing the law. Elvis has a reason to change the bad law. Any locksmith in Texas has a reason to do it too. If no one tries to do it will not happen.”

Greg Parks, CRL said:
“…I have not studied the Texas law and therefore cannot comment on how it was written; if in fact a person can lose rights prior to a conviction, that does not seem fair nor in the spirit of what I believe was trying to be accomplished.

Is it fair to say "We don't want bad laws"? If a law is put in place, it should accomplish what is intended and it should be enforced correctly and justly. If laws are not enforced, they are useless and/or a hindrance.

Okay; let me state flat out, locksmith licensing laws are bad laws; got that out in the open right away. Directing my attention to Greg Parks and his statement “in the spirit of what I believe was trying to be accomplished”. The purpose of the locksmith licensing law in the State of Texas, and in other states, supposedly was to save the public from unscrupulous fly by night operators posing as locksmiths.

If that were truly the case then once a person went through the necessary issuance of that license, having satisfied the character background checks and proven his/her value to the community through some sort of validation of his skills by virtue of his/her being an active locksmith with actual customers for a length of time or by virtue of his/her being a member of a locksmith association which requires a marginal knowledge of the locksmith industry; at that point the need for licensing should cease.

Here comes the big however; HOWEVER, not bad huh? However, that was never the purpose of locksmith licensing; the purpose of licensing was to alter the means of doing business from a free market society in which individuals accomplished daily decisions regarding business relations with customers to one in which the State arbitrarily took over certain aspects of the market place. In effect, all locksmiths became wards of the State, answering to the State rather than the free market in order to enter the market place as well as to remain there. This is the definition of socialism; that coupled with the force used to accomplish this transition crosses into pure communism. The elite among us decide who can or cannot conduct business.

Some have used locksmith licensing to limit competition or force older locksmiths into retirement. Those attempting to get started are locked out by virtue of the cost of obtaining a license in ratio to the amount of business needed to justify that cost along with other necessary business expenses. Those wishing to “dabble” part time can ill afford the cost of licensing and insurance requirements mandated and so competition is locked out. Folks who are winding down their careers in the locksmith industry, those who wish only to work limited hours will have to justify that same ratio of cost per license, cost of insurance and cost of mandated continuing education with the limited amount of income brought in by “partial retirement”. In either case competition is effectively removed from the market place.

In the case of Elvis Hernandez, there in Kerrville; it has been suggested by Glenn Younger that he might try his hand at “other aspects of locksmith work”. Here’s my response to Glenn Younger, “Who are you to suggest to anyone what or where to apply his skills, skills which he didn’t forget simply because the law and those who are applying the law are trampling upon his God given right to work in an otherwise lawful profession/trade? It sounds like the way elitists spout off when they attempt to justify screwing over the “little people”, those who have yet to achieve elitist status. There’s a punch line to a joke my father would tell, followed by a secondary line, “…and that goes for the horse you came in on!”

I worked to keep locksmith licensing from happening here in Texas and lost that battle.

I’ve worked to limit the damage done by locksmith licensing here in Texas and have not been successful because of the damage constantly being done by the Texas Locksmith Association and other smaller associations throughout the state.

http://tfsternsrantings.blogspot.com/2011/06/texas-locksmith-license-renewal.html *

The governing boards of these associations, along with the lobbying folks from ALOA have stacked the deck. Quarterly meetings put on by the DPS/PSB, the bureaucrats who act as the governing body to create rules and regulations under the locksmith licensing legislation, those meetings are a farce because the board has no intention of listening to individual locksmith’s requests to alter mandates being imposed

Reply
T.F. Stern link
12/7/2012 13:18:45

continued comment...

mandates being imposed on the industry by folks who listen only to elitists.

(* While it is true locksmith licensing legislation was passed by elected representation, the DPS/PSB board is appointed by the governor. Until this year there were NO locksmiths on the DPS/PSB board; just thought I’d mention that. These folks answer to nobody once appointed and are given a free hand in how to implement locksmith licensing legislation under the all encompassing legal term “the Intelligible Principle”. They have gone far beyond protecting the public from unscrupulous locksmiths and into the Lilliputian brand of overseeing and micromanaging operations of the market place.)

I’m afraid we are no longer citizens; instead we are subjects of the State without a voice and certainly without protection supposedly offered by the Constitution.


Reply
Barry Campbell link
12/7/2012 14:29:15

I just had the chance to catch up on the latest postings by Younger and Parks. I was chompin' at the bit, then I read Mr. Stern's response. You nailed it, Thomas! Thank you!

Only issue I'd take is with your labeling it socialism when I look at it as more akin to fascism or corporatism, but that's neither here nor there as far as this discussion goes. Could be fodder for another discussion some other place some other time. Again, thank you!

Reply
Bradley Osborne
12/8/2012 16:26:49

I also have been run out of the business because of a law that I thought would help. It became more expensive to stay in business in a small community due to the high license fees that we were told ahead of time would not exist. I feel that Mr Hernandez is a hero that all of us should thank - both for his service to our great country, and his heroic gesture to a stray animal. His accusors should have to suffer for their actions and the state should have to reinstate his license immediately.

Reply
Barry Campbell link
12/9/2012 13:52:55

There is an online petition to get the charges dropped. See: http://forcechange.com/44769/demand-justice-for-man-jailed-for-rescuing-a-dog/

Reply
Tom Lynch link
12/10/2012 14:33:38

I am sorry Greg, I took a few days off to help Elvis. I am sorry but I have to say - Give it a break with the stump speech please! The response looks like political repair to me. I have heard and seen the same words and behavior from others in the ALOA organization. You came here and discovered that the indifference you displayed was not popular. Had it been a free for all, you would still be smiling.

For me there was a motivation to discredit the SOPL and ultimately you discovered we are not something to laugh at or about.

I am deeply troubled that a person who will be claiming to represent the industry and all locksmiths doesn't even know the nuances of the laws his organization is squarely responsible for causing. I am sorry to hear you were caught off guard. What exactly were you guarding? Possibly the coveted licensing that is causing all this? I am not a rookie as I stated earlier. You came here for a reason and it backfired. The motivation is pretty clear.

You are certainly welcome to participate anytime, but you shouldn't do it to be a politician. I honestly feel your in denial, as are the others within your organization who obsess over trying to control others. I also believe it is something in need of counseling. To continue to deny and ignore the reality of what you all have done is bizarre and to try to mitigate it be spinning the "we don't want bad laws" is phony in my opinion.

If you say laws that are not enforced are bad laws, then why does your organization continue to push them? If you think you need to organize and fight back others who may be imposing something on our industry then fight it until you win, then back off until your needed again.

Protective legislation? What are you guys spinning the wheel of excuses again? Your all over the map with excuses and when one is disputed you spin the wheel like Vanna White and run with a old recycled one. Give it a rest, please!

Greg, you and others have forgotten where you came from, you lost the "code" that existed in our industry and it is troubling. From a small photo booth you grew a business free from licensing and crushing regulation. But now you wish to impose this upon others.Your not a small business any longer Greg, don't insult peoples intelligence.

Your closing statement to Barry and I were the same talking points I remember hearing from your current leadership and others before who turned out not to be a men of their word. So sadly Greg I have to say in my opinion....I don't think you guys are locksmith who we can trust.

The locksmiths don't need rules, they need work. The SOPL is providing it along with forward thinking educational programs. You claimed we had an agenda and you are right, we do. We clearly put out what it is in or Mission Statement and in our FAQ's.

"The SOPL provides a voice for its members who are faced with unreasonable entrepreneurial interference. It is modeled after the guilds of old that were founded as a way to sustain a trade in uncertain times."

Your organization and those who have fueled the deceptive need for licensing have crossed the line. The warnings are over and Mr. Elvis Hernandez is your victim. Personally, I think he should place you all in the cross-hairs of a lawsuit for damages done to his livelihood.

Another locksmith in NJ told me he was told by a state official that his denial for a licensing may be because he did not have a high school diploma. This is certainly troubled times!

I am not happy with what has occurred and as you see neither are many others. You don't even see the buzz behind the scene...I regret if you or others feel I am being harsh, but enough is enough and we are not laughing.

I respect those who are willing to post even you Greg, but I do not have to agree with or believe your words.

Reply
Kevin link
12/16/2012 00:02:47

Thanks to you, by the way, for telling us Mr. Hernandez story. It's easy when it's not happening to you. Your lack of empathy is astounding.

Reply
Patrick Gatward
12/16/2012 05:10:57

Some have used locksmith licensing to limit competition. I watched the auto industry do the same thing to small tool and die companies, destroying family companies.
Greg, this is your statement: Over the years other industries, such as alarm, low voltage, car manufacturers, have used their lobbying and legislative efforts to eliminate or interfere with locksmiths making a living for themselves. Areas of automotive, electronics and mechanical work have been ruled out of the scope of a locksmith. This is where my ears perked up for the need of protective legislation that kept locksmith work as a viable way of making a living in the future.

These are the same people you are getting in to bed with, isn’t that why Aloa changed their name to take out the word locksmith and replace it with security professionals. It is funny to hear you say that these companies stop locksmiths from making a living; you hypocrite. For you to be a board member of Aloa and not know the laws representing the locksmith community to me is very scary.
I believe all locksmiths should be background tested and ADA cert., but this over reaching regulation will kill us as an industry.

Reply
Barry Campbell link
1/4/2013 12:17:17

To “Learn the Truth”,

We don't allow for anonymous replies to the blog, but if you care to identify yourself, please repost. Just note that we cited references for information in the blog post, please be good enough to do the same. Additionally, both Tom and myself talked to friends, coworkers, and former employers of Mr. Hernandez prior to publishing the post. Could the media, these individuals, and ourselves been deceived? Possibly, but not likely, since there were no inconsistencies from the various sources.

Even if what you claim is true - that we were fed nothing but lies about Mr. Hernandez's background, and that he never should have had a license in the first place, it would only serve to prove the uselessness of the licensing law in the first place. So please, identify yourself, cite your sources, and repost your comment.

Reply
Society of Professional Locksmiths link
3/2/2013 18:04:09

According to Kerrville County Texas Public Record -

Locksmiths Elvis Hernandez was found NOT GUILTY by Jury and Acquitted of any and all charges.



Reply
Don Frith, CJS
3/3/2013 05:53:13

Great to hear. Now let's see how long it takes them to reinstate his license. AND, in the mean time, how about taking this issue to the State Legislators and get the licensing laws changed (or repealed) so this kind of thing cannot happen again. Each and every one of you subject to these laws should be involved in contact with legislators. If you do not become involved, you deserve anything you get. I am sorry to be so blunt, but it is no different than voting. If you do not vote, then you deserve anything you might get, because you are allowing others to choose your future.

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