Cause of Action - June 2020

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Official Newsletter of Lamar Law Office, LLC June 2020 - Atlanta, GA

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BACK IN THE OFFICE POST-COVID 100 YEARS LATER: BLACK WOMEN’S ROLE IN ACHIEVING WOMAN’S RIGHT TO VOTE MEET OUR NEWEST TEAM MEMBERS GEORGIA’S HANDS FREE LAW: WHAT TO KNOW THIS SUMMER


LETTER FROM ATTORNEY LAMAR Dear Lamar Law Office, LLC Clients: What a year 2020 has been – and it is only June. Thank you so much for your patience as we navigate through this unprecedented Covid pandemic. We are happy to report that at this time all our employees have returned to the office. We are taking steps to ensure the safety of everyone, by providing employees with antibiotic sprays, Lysol wipes, regular professional office cleanings and encouraging employees to maintain at least six feet of space amongst themselves. At this time, we are still discussing client cases via phone, teleconference and email. The Georgia Supreme Court has extended its emergency Order through July 11, 2020. The revised emergency order has lifted prior provisions so that many filings are now permitted, discovery is encouraged, and courts are permitted to allow certain appearances by teleconference. With these lifted provisions, we are able to move forward with litigation so that we are prepared for jury trials when they are rescheduled. We will continue to make every effort to follow CDC recommendations as it relates to COVID. We are saddened to learn of the deaths of George Floyd, Breonna Taylor, Atatiana Jefferson, Aura Rosser, Stephon Clark, Botham Jean, Philando Castille, Alton Sterling, Michelle Cusseaux, Freddie Gray, Fanisha Jefferson, Eric Garner, Akai Gurley, Gabrielle Nevarez, Tamir Rice, Michael Brown, Tanisha Anderson, and the others whose names we do not know. We unite with our community in protest against racial injustice at every level. Lamar Law Office cares about black lives. Our office has represented clients brutalized in police custody, discriminated against by large retail stores, and assaulted while imprisoned. We have donated to various charity organizations in pursuit of justice including Black Lives Matter, The Love Project and the YWCA Stand Against Racism. I encourage us all to recognize that big or small we have the power to help make change and to make a difference. While it may be easier to pretend racism does not exist– this is not the road to justice. We must pull back the curtain to unveil the injustice of our flawed system. If you want to visibly show your support against racial injustice, Lamar Law Office, LLC is able to assist you. Please contact us for a free “I Am Taking Stops to Stop Racial Discrimination” decal for your vehicle. We expect the decals to go out within the next two to three weeks. As always thank you for your continued support of Lamar Law Office, LLC. Sincerely,

Anita Lamar


BACK IN THE OFFICE!

After working from home during the height of the COVID-19 pandemic, Lamar Law Office team members are glad to be back in the office!

Senior Case Manager, Myshae (above) and Case Manager, Kayla (right) at work while observing health and safety measures.


BLACK WOMEN WHO ACHIEVED

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une 4, 1919 marks the day the 19th Amendment was passed in Congress. The Amendment would grant women the right to vote. Since the United States’ founding, voting had been restricted to property owners. Only white men were permitted to own property, leaving women and African Americans disenfranchised for much of American history. A Brief History of Women’s Suffrage The women’s rights movement gained leverage after the Seneca Falls Convention in July of 1848. It was described by organizers as “a Convention to discuss the social, civil, and religious condition and rights of women.” Around the same time, the nation would become embroiled in the Civil War. The war lasted from 1861 to 1865. A Fracture in the Movement During and after the war, figures including Elizabeth Stanton, Susan B. Anthony, Lucy Stone, and Henry Blackwell continued the women’s movement. When the 15th Amendment was passed after the war, the women’s movement was split on the issue. The Amendment gave black men the right to vote, which was a step in the right direction for abolitionists Lucy Stone and Henry Blackwell. Elizabeth Stanton and Susan B. Anthony, founders of the National Woman Suffrage Association, opposed the Amendment on the grounds that it did not enfranchise women. Susan B. Anthony, while remembered for her contributions to women’s rights, infamously said, “I will cut off this right arm of mine before I ever work or demand the ballot for the Negro and not the woman.” The National Woman Suffrage Association would lobby for a Constitutional amendment granting women the right to vote. Meanwhile, abolitionists Stone and Blackwell founded a separate organization called the American Woman Suffrage Association. They campaigned for women’s suffrage in the states. Making Progress Susan B. Anthony authored the 19th Amendment, which would be proposed in

Congress in 1878 and defeated in the Senate nine years later. This defeat would cause the two suffrage movements to merge, becoming the National American Woman Suffrage Association. The organization would follow Stone and Blackwell’s strategy of tackling the women’s right to vote at the state level. In just six years, Colorado, Utah, and Idaho granted women the right to vote. Wyoming had already done so roughly ten years prior in 1869. For Gender and Racial Equity Around this time in 1896, black women founded the National Association of Colored Women (NACW). They understood that despite the participation of black women like Sojourner Truth, Frances Ellen Watkins Harper, and Harriet Tubman in the women’s movement, white suffragettes were less than concerned with the rights of black women in particular. In fact, the National American Woman Suffrage Association excluded black women from their meetings and parades. “The History of Woman Suffrage,” authored by Susan B. Anthony, among others, neglected to mention the significant contributions black women had made to the women’s movement. With the help of notable black women, the 19th Amendment would finally pass in Congress on June 4, 1919. It was ratified on August 18, 1920, granting women the right to vote. It would take another 40 years, until the civil rights movement, when racist voting restrictions upheld during the Jim Crow era would be abolished. Lamar Law Office is a personal injury law firm based in Atlanta that is owned and run entirely by black women. Today, we are proud to recognize the contributions of black women who achieved women’s suffrage and made strides in civil rights in a time when no one was willing to speak on their behalf. Black Women Who Fought for Women’s Right to Vote We honor them today, on the anniversary of the passage of the 19th Amendment. These women helped achieve women’s right

to vote, and so much more. Sojourner Truth Born in 1797, Truth was a former slave, an abolitionist, and an advocate for women’s and civil rights in the nineteenth century. She was born Isabella Bomfree in the Dutch-speaking Ulster County, New York. Subjected to the horrors of slavery in her youth, Truth was bought and sold four times. In 1927, she escaped with the help of an abolitionist family, the Van Wageners. Truth had five children, and she had escaped with her infant. The Van Wageners helped her successfully sue for the return of her fiveyear-old son, who had been sold to slavery in Alabama. In 1828, she became the first black woman to win such a case against a white man. In New York City, Truth became a preacher and declared that she had been moved by the Spirit to speak the truth, hence her name. Truth met with abolitionists Frederick Douglass and William Lloyd Garrison, who encouraged her to speak about the evils of slavery. Truth dictated her biography The Narrative of Sojourner Truth, and survived on sales of the book. She also met women’s rights activists Elizabeth Stanton and Susan B. Anthony, and championed their cause. In 1851, she embarked on a lecture tour in which she delivered her famous speech entitled, “Ain’t I a Woman?” Her speech challenged the popular notions of racial and gender inferiority. Throughout her life, she continued to speak and help people escape from slavery. Her activism included lobbying and campaigning for civil rights (including an end to segregation) and petitioning Congress to provide land to former slaves. During the Civil War, she organized supplies for black troops. She received an invitation to the White House to meet President Lincoln after the war. Harriet Tubman Born into slavery in 1822 in Maryland, Harriet Tubman would become one of the most well-known antislavery activists and heroes of the Underground Railroad. Tubman served in the Union Army during the


WOMAN’S RIGHT TO VOTE. the United States, publishing her first book of poetry at age 20. Her collection Poems on Miscellaneous Subjects (1854) was widely popular. In 1859, her short story entitled “Two Offers” was published in Anglo-African. Harper made literary history as the first black woman to have her short story published. Years later at the age of 67, her famous novel Iola Leroy was published. Harper was an abolitionist and a member of the Pennsylvania Abolition Society. Through the organization, she helped refugee slaves on the Underground Railroad on their way to Canada. In 1853, she joined the American Anti-Slavery Society and became a public speaker and activist. She founded and held office in many of the nation’s prominent progressive organizations. In 1894, she helped found and became the vice president of the NACW. Harriet Tubman cont’d . . . Civil War as a scout and spy. She also became a respected guerilla operative. She is considered the first African American woman to have served in the U.S. military. Tubman helped rescue some 70 people from slavery as a “conductor” on the Underground Railroad. This led slave owners to know her name, and post a $40,000 reward for her capture or death. That amount is roughly equivalent to $1,281,304 today. Tubman bravely continued her work on the Railroad, and never lost a “passenger.” In her later years, she joined Elizabeth Stanton and Susan B. Anthony in their campaign for women’s suffrage. Having had a heart for service and great empathy, Tubman established the Harriet Tubman Home for the Aged near her home. She hoped that the Home would allow others to continue her work for the poor and elderly in her community. When Tubman died in 1913 at Fort Hill Cemetery in Auburn, New York, she was buried with military honors. Frances Ellen Watkins Harper Harper was born in 1825 in Baltimore, Maryland. A prolific writer, her writing career began in 1839 as she contributed to a number of anti-slavery journals. She was one of the first published black women in

Josephine Silone Yates Yates was born on Long Island, New York in 1852. At high school age, her aunt invited her to attend school in Newport, Rhode Island. The only black student in her class, Yates graduated as class valedictorian. She was the first black student to graduate from Rogers High School. She went on to earn her teaching certification, and married Professor W. W. Yates of Kansas City’s Wendell Phillips School in 1889. Yates taught at the school, and was hailed as one of the best teachers in Missouri. She was also a published author and an advocate for social change. She organized the Kansas City Women’s League and became its first president in 1893. Yates would become treasurer of the NACW from 1897 to 1901, serving as the organization’s president from 1901 to 1905. Anna Julia Cooper Cooper was born in Raleigh, North Carolina in 1858. Her book, A Voice From the South by a Black Woman of the South, published in 1892 would become a timeless African American feminist text. She attended Saint Augustine’s Normal School and Collegiate Institute, and realized at one point that male students had a more rigorous curriculum than she and her

female classmates. This realization caused her to become a staunch advocate for black women’s education. She became the principal of M Street High School in Washington, D.C., where she established a college preparatory curriculum for students. Ivy League institutions accepted many of Cooper’s students. Around this time, Cooper became a popular public speaker. She addressed the National Conference of Colored Women in 1895 and the first ever Pan-African Conference in 1900. At M Street, her emphasis on college preparatory education caused the city’s Board of Education not to renew her contract. Many people at the time, including Frederick Douglass, believed that black students should attend trade school rather than university. Unphased, Cooper continued teaching at Lincoln University, a historically black college in Jefferson, Missouri. Having received her bachelor’s and master’s degrees at Oberlin College, she received her doctorate from the Sorbonne in Paris at the age of 67. Her dissertation, written in French, was published in English as Slavery and the French Revolutionists, 1788–1805. In addition to her innumerable accomplishments as an educator, Cooper was a devoted mother to seven. She raised two foster children and five adoptive children. She passed away peacefully, in her sleep, at age 105. Mary Eliza Church Terrell Terrell was born in 1863 in Memphis, Tennessee. An active member of The National Association for the Advancement of Colored People (NAACP), Terrell was an early advocate for civil rights and women’s right to vote. Her parents, former slaves, became small business owners and were an integral part of Memphis, Tennessee’s growing black population. Due to their success, they were able to send Terrell to Oberlin College. In 1884, she became one of the first black women to earn her college degree. She would go on to receive her master’s degree in education. At the suggestion of famous black sociologist W. E. B. Du Bois, Terrell became the first president of the NACW.


meet the team Catrell Henry Litigation Paralegal After graduating high school Catrell attended Devry University in Central New Jersey and graduated with her Bachelor’s Degree in Computer Science. Shortly after, Catrell relocated to Miami, Florida. She decided to shift careers and started working as a Paralegal. Catrell has excelled as a Paralegal for over ten years. When Catrell is not working, she and her son love to participate in any water activities such as lounging on the beach, yachting, jet skiing or kayaking.

Favorite Book Becoming by Michelle Obama

Favorite Quote Not everything that is faced can be changed; but nothing can be changed until it is faced.” - James Baldwin


Alexandria Lambert Receptionist Alexandria Lambert is excited to be a part of the family at Lamar Law Office, LLC. She is 24 years old and currently a senior at Clayton State University. She is working toward her BBA in General Business, along with a minor in entrepreneurship and marketing. What Alexandria loves most about being a receptionist is the connections she forms with others. She believes that professionalism and a great attitude can take you far in life.

Favorite Book Great Expectations by Charles Dickens

Favorite Quote “Courage is not having the strength to go on; it’s going on when you don’t have the strength.” - Theodore Roosevelt


Hands-Free Laws & Your Summer Trip

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eorgia is heating up and summertime is near. After being cooped up all spring due to coronavirus stay-athome orders, Georgians will be flocking East to Savannah and South to the Panhandle any day now. A traffic ticket and fine would put a damper on summer vacation. That’s why we’ve put together this Guide to Georgia’s Hands Free Law, also known “cell phone law.” The law is a part of a series of distracted driving laws that have been passed in the state. If you pass through Alabama, Florida, or South Carolina on the way to your tropical paradise, don’t worry. We have everything you need to know about those states’ laws, too. The Basics of HB673 The Hands Free Georgia Act (HB673), passed in 2018, has caused confusion ever since. The catch-all phrase forbidding “anything which distracts from the safe operation of a vehicle” is the main cause of this confusion. Is it really up to the cop’s discretion? Yes and no. We’re going to lay out in concrete terms what is legal, what isn’t, and what falls in that risky “grey area.” First, let’s define our terms. The law uses the terms “wireless telecommunications device” and “stand-alone electronic device.” What exactly do these mean? Wireless communication devices are portable, wireless technology that are used to transmit information. The most obvious example is a cell phone, and devices that serve a similar function. Excluded from this definition are things like your in-vehicle radio or navigation system. Stand-alone electronic devices are devices that store rather than stream audio and video. This includes MP3 players, iPods, GoPros, camcorders and the like. Both types of devices are restricted in some manner in the 2018 Hands Free Georgia Act. Rather than get into the nitty gritty of the how and when restrictions come into play, we’re going to keep it simple with a Q&A format.

Can I make a call on speaker phone? Yes, you can make and receive calls on speaker phone, but there’s a catch. You cannot under any circumstances hold your phone in your hand while operating a vehicle. The easiest way to comply with the law is to connect your phone to a bluetooth device. These include built-in systems, earpieces, or portable bluetooth speakers. Alternatively, you can mount your phone to your dash or place it in the passenger seat while it is on speaker phone. In either case, the best strategy is to dial your friend or family member while parked. In the eyes of the law, you’re still operating your vehicle when stopped at a red light or stop sign. The bluetooth device option is optimal as these systems allow you to keep your eyes on the road while dialing and receiving calls. Without a bluetooth device, dialing or receiving a call without holding your phone could prove to be difficult. Sure, you can technically make or take a call while your phone is mounted on your dash, but this can take your eyes off the road. It can also leave you vulnerable to a cop’s discretion with that catch-all “anything which distracts” wording in the law. Here’s the gist of it: Use bluetooth and minimize the amount of buttons or screentaps it will take to dial or answer a call while driving. Also, don’t hold your phone. Can I text using Siri or Voice Control? Yes, you can. In fact, there is a specific exception in the law which allows use of “voice-based communication” to send and receive text messages. Otherwise, sending or receiving text messages while driving is prohibited. To be clear, the use of voice-based technology like Siri or Voice Control has to go both ways. It needs to be able to read text messages, as well as compose and send messages using voice-to-text. Can I change my playlist on Spotify? Yeah, we know you might get tired of hearing the same twenty songs on repeat for

five hours, but the answer is “no.” Under Georgia law, drivers are prohibited from touching their phones to do anything to their music apps while operating a vehicle. You can listen to music, assuming you pressed “play” on your playlist while parked. If your music can be controlled through your vehicle’s radio or sound system, you are free to adjust it while driving using these systems. One final note: Drivers are not allowed to watch videos while on the road, so beware of Spotify’s music video feature. Turn on Spotify’s “driving mode” to avoid getting distracted or pulled over. Can I binge watch my favorite Netflix show? No. Watching videos is not allowed except for navigation purposes, so your Netflix binge will have to wait until after a long day at the beach. Can I talk on the phone with my earbuds in? No, unless you have the earbud in one ear only. Keep in mind that you can only do this to make calls. Listening to music or audio recordings through earbuds (or a single earbud) is not allowed. Similarly, bluetooth headsets or earpieces can only be worn for communication purposes. Can I FaceTime or video chat while driving? I know your grandma can’t wait to see you, but she’ll have to wait till you arrive at her beach house in a few hours. Video calls fall under “watching video” and are strictly prohibited while driving. Can I balance my phone on my knee when using Google Maps? You know who you are, glancing down at the directions in your lap every thirty seconds while weaving through Atlanta traffic. Just because you’re not holding your phone, does not mean you’re good with the law.


Georgia’s hands free law prohibits supporting your phone with any part of your body, so don’t even try to get creative. Now is the time to invest in a handsfree mount if you’re the type of person who likes to see the map animation on Google Maps. If you’re looking for an affordable, good quality hands-free mount, check out WizGear’s magnetic mounts. Can I record my road trip on my GoPro?

it can be a dangerous distraction. Like food, the question of “dogs in the front seat” depends on whether or not the dog is distracting you. The bottom line is this: if a cop observes signs of distracted driving, they can pull you over. For safety purposes, it is a good idea to restrain your dog in the back seat by installing a barrier. That’s a lot of information, but it isn’t that complicated. Follow these simple tips to avoid a run-in with the law. Unless you’re going to Savannah or

construction zones. Texting is not allowed except for at red lights. Since Florida’s law is more lenient, it seems that if you follow Georgia’s hands free law you should be okay in Florida, too. I’m heading East to Charleston. What do I need to know about South Carolina’s law?

Tybee Island, you’re going to cross a state border or two on the way to the beach. Let’s address the differences and similarities of Georgia’s border states’ laws.

driving is illegal.

Currently, South Carolina does not have a hands free law on the books, regardless of driver age. Texting while

Yes and no. A driver cannot record a video except for with a continuously running dash cam. If you want to strap your GoPro on the back of your mirror and record all seven hours of your drive from the hills of North Georgia to the swamps of the Panhandle, no one can stop you. What if I’m under 18? Does the law treat me differently? Despite 2010 statues that treated adults and minors differently, the 2018 Georgia Hands Free Act overrides these. The current law treats adults and minors the same. There are no “special” distracted driving laws for teenagers in Georgia since 2018. Can I eat while driving? This question and the next don’t exactly fall under “hands free” laws, but they are surely relevant to your upcoming road trip. You’re going to get hungry on your trip to the beach. Why? You skipped breakfast to get on the road, and the chicken biscuit on that Chick-fil-A billboard looks delicious. Though you might be tempted to eat and drive to save some time, a cop has every right to pull you over for doing so. Eating while driving is often cited as a distraction, so it is best to avoid it. Can my dogs ride in the front seat? Technically, Georgia does not have any law that prohibits driving with an unrestrained dog in your vehicle. However, if your dog decides to give you a “kiss” while you’re on the highway,

I’m going to the panhandle. What do I need to know about Alabama’s distracted driving law? While the state has yet to pass a hands free law, texting while driving is illegal in Alabama. If you’re under 18, watch out. Minors are prohibited from using cell phones while driving, including hands free. What about Florida’s law? As of January 2020, drivers will be fined and ticketed in Florida if caught holding their cell phone in school and

Conclusion It is important to know the law to know your rights. However, just because something is legal doesn’t mean it’s something you should do. Avoid accidents by committing to driving hands free. Before your summer road trip, equip your vehicle with a Bluetooth device and cell phone mount so that you can keep your eyes on the road. Lamar Law Office wishes you safe travels this summer!


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