Muscle Shoals Changes Name to "Lawsuit City"

Yes, a certain Colbert County town has again been named in a lawsuit. Muscle Shoals should be afraid...very afraid of a certain Tuscumbia attorney. Here for your reading pleasure is an excerpt:

IN THE CIRCUIT COURT OF COLBERT COUNTY, ALABAMA

ALVIN BUTLER CHARD and

JOSEPH MOON, and JOSEPH MOON

AS FATHER AND NEXT BEST

FRIEND OF CHANDLER MOON,

age 13 years, a student in the Muscle

Shoals City School System

VS.

CITY OF MUSCLE SHOALS

AND

MAYOR DAVID BRADFORD,

COUNCILMAN JOE PAMPINTO,

COUNCILMAN NEIL WILLIS,

COUNCILMAN JIM HOLLAND,

COUNCILMAN ALAN NOLES,

COUNCILMAN MIKE LOCKHART,

all being members of the City Council

of Muscle Shoals, Alabama

AND

LEON MADDEN, WES EMMONS,

RAY EGGLESTON, MIKE PRICE,

DONNA TIPPS, being members of the

Muscle Shoals Civil Service Board

PETITION FOR WRIT OF MANDAMUS AND

REQUEST THAT THE CITY OF MUSCLE SHOALS

NOT INSPECT ANY PLUMBING AND GAS LINES

UNTIL THE CITY HAS HIRED A CODE ENFORCEMENT

INSPECTOR WITH THE PROPER CREDENTIALS

MANDAMUS ACTION TO FORCE CIVIL SERVICE

BOARD TO HIRE QUALIFIED APPLICANT

Comes now Alvin Butler Chard, Joseph Moon and Joseph Moon as next best

friend of Chandler Moon, a minor age 13 years, by and through their attorney of record,

William J. Underwood, and states unto the Court as follows:

COUNT I

HISTORY OF ACTION

That on or about the 22nd day of January, 2013, the Mayor of Muscle Shoals,

being David Bradford, filed online for the City of Muscle Shoals a request to hire a Code

Enforcement Plumbing Gas Inspector. Said job description, although perfunctory in

nature, required, at the least, that the hiree must possess a master's gas and plumbing

card. Also included in the qualifications was that the individual had to be certified by the

ICC or the ability to successfully complete ICC certification training within a required

time period. There is no question that even the attorney writing this lawsuit can pass an

ICC 48-hour course over the weekend. The ICC does not require any of the in-depth

experience, test and knowledge of a master gas and plumbing card holder.

Regardless of the specificity in Mayor Bradford's request that the hiree must

possess a master's gas and plumbing card, nine applicants for the job were submitted to

the Muscle Shoals Civil Service Board. There is no question that the applicant hired by

the Muscle Shoals Civil Service Board did not have a master's gas and plumbing card.

In 1957, under Acts 242, No. 1, et seq., the State of Alabama, under §34-37-6,

made it unlawful for any person, firm or corporation to contract, direct or superintend any

plumbing, gas fitting, or medical guage piping within any incorporated city or town or

county of this State, unless the person has first received a certificate of competency,

hereinafter referred to as the "certificate" that is in force and effect at the time the

plumbing, gas fitting, or medical guage piping is done, directed, or superintended. The

certificate of competency is also known as a master plumber and gas card. The City of

Muscle Shoals has well known about this law because, in September of 1982, the

Supreme Court of Alabama issued an opinion in State of Alabama, ex rel. Gene

Abemathy, which included the City of Muscle Shoals as a municipal corporation. That

case, at 428 So.2d 5, stated specifically and reiterated anyone who performs or does

contract, direct, or superintend on any plumbing within any incorporated city or town in

Colbert County must have a certificate of competency as a master gas or plumber. The

Act also contains, under §34-37-16 and §34-37-17, a penalty provision which states the

failure of anyone to abide by the Act for plumbers or gasfitters is guilty of a Class B

misdemeanor. This was passed by the Alabama Legislature in Act 87-812 in 1957.

The City of Muscle Shoals, at this time through the Board of Education, is

building a technical school which encompasses the public health and welfare to promote

the prosperity, improve the morals, order, comfort and convenience of the inhabitants of

the municipality, but also protects the lives of the minor children and young adults who

will be attending the technical center in Muscle Shoals.

The Plaintiffs in this action, jointly and severally, believe the following:

That the City of Muscle Shoals does not have one code enforcement plumbing gas

inspector who is a master gas and plumbing inspector. They further maintain the City of

Muscle Shoals is building the technical center, which is for the public health and welfare

of the students in the Muscle Shoals City School System which would include Chandler

Moon, who is currently a student in the 8th grade at Muscle Shoals Middle School. A

journeyman plumber or gas man is not qualified to inspect master gas and plumbing

installation in the new technical school.

*****

If we're ever arrested, we want Billy to be our attorney!



Shoalanda