Hogwash Volume 13

May 2013
Welcome to Hogwash!


Rosi and Gardner If this is the first edition of Hogwash! you've received it's because someone you know thought that you would like to receive it and perhaps pass it on to a friend.

If you enjoy this E-newsletter and know others who you think would like to be on our list or receive a copy by mail, please let us know at info@rosigardner.com

The highest compliment we can receive is a referral from a friend. Although we've been in business together for more than twelve years, have more than 50 years of combined legal experience experience, we are never too busy to help those you refer to us: your family, friends, neighbors, and co-workers.

Nix the Tomatoes?


What did the U.S. Supreme Court have to say about tomatoes? Is it true that a tomato contains more genetic material than homo sapiens?

Some of us are eagerly awaiting the arrival of summer tomatoes. While we wait, did you know that:

–Tomatoes are one of the best sources of lycopene. Lycopene is available to the body only after cooking the tomatoes, such as in a luscious sauce, paste or soup.

— There is more genetic material in a tomato than in a human being. Tomatoes have 31,760 genes, about 7,000 more than humans. For more information click here.

— In 1893, the U.S. Supreme Court was called on to decide whether a tomato is a fruit, or a vegetable. The categorization mattered, because it was a question of a tariff (tax). There was a substantial tariff required to be paid on all imported vegetables, but not on fruit. In the case of Nix v Hedden, 149 U.S. 304 (1893), the Supreme Court decided that because tomatoes are not usually a dessert ingredient, they are a vegetable. And, after all, if the Supreme Court says it, it must be the truth, right . . . .? Uh, right; read on . . .

–Botanically, tomatoes are a fruit. They are categorized as fruit, because the part we consume, the "fruit," is a seed-bearing structure that grows from the flowering part of a plant. With a vegetable, in contrast, we often consume edible parts of the plant itself such as the "branches" of the celery plant or the potato tuber.

National Pizza Party Day

National Pizza Party Day is celebrated annually on the third Friday in May.

According to Chase's Calendar of Annual Events, as the school year winds down, the pizza party is a great way for students and parents to celebrate the accomplishments of another school year.

We went to the internet for some fun statistics about this popular dish. Here are a few:

  • Iowa has the most pizza stores per person.
  • The average American eats 46 slices of pizza each year.
  • There are three billion pizzas sold in the U.S. annually and over five billion sold worldwide.

Pepperoni is American's favorite pizza topping and tomato sauce is our favorite sauce to top a pizza.

The word pizza is believed to be derived from pizzo, an Italian word meaning "a point". While most people think of Italy when they think of pizza, similar dishes are believed to have been created by the Phoenicians, the ancient Egyptians and the Greeks as well as the Romans.

Those ancient pizzas wouldn't have included tomatoes though as tomatoes were originally found in South America and Central America. They didn't reach Europe until Cortez brought seeds back from one of this adventures.

Even then, the tomato was grown as an ornamental and not eaten because it was believed to be poisonous – probably because it is a member of the nightshade family which includes a number of poisonous plants.

Yackety Yack – Don't Talk Back

Yackety Yack

It's advice that's often repeated in song, story and TV episode. If you're confronted by a person in authority, politely keep your mouth shut and only answer the questions that are posed.

But what about freedom of speech? Most of us recognize that the First Amendment to the United States Constitution, ratified in 1791, provides for freedom of speech. But that recognition was not the first. Freedom of speech, as a concept, appears in earlier documents. In 1689 freedom of speech in Parliament was granted in England s Bill of Rights. The Declaration of the Rights of Man and of the Citizen, adopted during the French Revolution in 1789, specifically affirmed freedom of speech as an inalienable right. Freedom of speech is also recognized as a human right under Article 19 of the Universal Declaration of Human Rights adopted in 1948 and recognized in international human rights law in the International Covenant on Civil and Political Rights. The right, however, is subject to limitations, such as libel, slander, obscenity, sedition. But what about the police?

In a recent case, a gentleman in the state of Washington who was followed very closely by a police car. At a stop light he stepped from his car and asked the police officer why he was being followed so closely. The policeman told the man to get back into his car, which he did. A block or so later the policeman turned on his lights and pulled the man over. When stopped, the man loudly asserted his belief that the stop was racially motivated. The officer told the man that he should stop talking and cooperate. If he did that he would only receive a ticket for violation of a municipal ordinance. If he kept running his mouth he would be going to jail, a position echoed by a backup officer.

The man was taken to jail and eventually prosecuted. He was acquitted on a charge of violating a noise ordinance. He then filed a civil suit alleging that his arrest was retaliation for his verbal criticism of the police officer and a violation of his First Amendment rights. After losing in the trial court he appealed to federal court. In a split decision that court ruled that a reasonable police officer would have understood that he did not automatically have the authority to arrest and jail a citizen simply because the individual would not shut up, as instructed, sending the case back for a jury to consider damages. .

What does this mean? You have the constitutional right to verbally and vocally criticize the police. And, despite the difficulties that may to arise should you do so, should you thereafter decide to exercise and enforce those rights, we would welcome your business. To learn more contact us at (231) 941-5878.

The Laws of Attraction

Laws of Attraction

Law, and especially litigation "at the margins" can both reflect and shape our societal policies, mores and ethics. Here are a couple recent cases that reflect this.

A former Hooters waitress claims that she was forced out a job because she was no longer attractive. Sandra Lupo has filed a case against Hooters of America claiming the firm cut her work hours and shifts after she had surgery to remove a growth from her brain leaving her with a scar and a shaved head. The restaurant also required she wear wig, so that she would be "more presentable" but wearing the wig caused her pain and discomfort ("extreme stress . . . as a result of the surgery and healing wound") and that the wig requirement coupled with the reduced shifts forced her to quit. She filed suit against Hooters of America under the Missouri Human Rights Act, which prohibits discrimination at work based on disability. Read more about this story by clicking here.

In Iowa there was a reverse situation. Dental hygenist Melinda Nelson was fired from her job because her employer, Dr. James Knight, claimed she was "irresistible" and constituted a threat to his marriage. He alleged that her workplace attire and behavior was inappropriate. After the two exchanged some personal text messages, which his wife found, he fired her and reportedly told her husband that he feared if he didn't fire her, he would "have an affair with her down the road." Click here to read more.

The Iowa Supreme Court ruled that Dr. Knight's actions were not illegal and that the firing was not based on her gender. A number of advocates say that's absurd since she was fired for being "irresistible." Others would argue that Dr. Knight should not be forced to employ someone who poses a real and substantial risk to his personal and professional well-being.

These two cases certainly raise some questions:

  • In the Iowa case, should an employer be forced to continue employing someone he's attracted to and possibly face sexual discrimination suit, or a divorce, in the future? Or, should the employer exercise enough self-control to avoid all of those risks?
  • In the Missouri case, does Hooters sell wings and beer or a certain look and atmosphere that requires an attractive wait staff? Or should Hooters be forced to hire grossly obese middle-aged men who are then dressed in tight orange shorts and skintight white T-shirts?

We are human beings, all different. Our appearance is part of that humanity. How we react to the appearance of others is also an inextricable part of that humanity. What legal consequences should attach to those reactions?

Identity Theft Protection

Identity Theft

Identity theft is a growing concern. Almost every day we're each reminded of the need to protect our identities. Beyond the disturbing news stories, identity theft has grown to the point where the ramifications of identity theft have become the topic of comedic movies.

One device to help protect against identity theft provided by the credit reporting entities, Experian, Trans Union and Equifax is a security freeze. You can learn more about what each credit reporting agency offers on Google, but here's a brief synopsis of what a security freeze is.

A security freeze stops all potential creditors from seeing both your credit report and your credit score. When the freeze is put in place you are given a personal I.D. number. From then on unless – and until – you elect to thaw out your credit with the credit bureaus no one can investigate your credit.

The downside is that a security freeze makes it unlikely that any new creditor will extend you credit, although existing creditors are not likely to be concerned by a credit freeze. If you're not looking to obtain new credit and are concerned about identity theft, then a credit freeze maybe useful for you. Moreover, a temporary lifting of the freeze can be arranged when an existing creditor chooses to make a credit check.

One caution – a security freeze shouldn't be considered a firewall. It's another defense in the fight to protect against identity theft. Even if you decide to put a security freeze on your credit reports, you should continue to take the usual recommended preventive measures regarding personal information. Use passwords that are hard to crack and change them regularly, shred financial documents that are longer needed and be vigilant about phone calls and emails that request personal information. In today's world, when all of our personal information is much too readily available, a security freeze is another tool to consider in your efforts to keep the bad guys at bay.

Issue: 13
In This Issue
Nix…the Tomatoes?
National Pizza Party Day
Yackety Yack – Don't Talk Back
The Laws of Attraction
Identity Theft Protection
A favorite quote about the tomato
Tomatoes: Great Garden Treats
Alma Highland Festival
Alma Highland Festival
It's Barbeque Season!
Karen's At Home Cookin'

A favorite quote about the tomato

"Knowledge is knowing the tomato is a fruit, wisdom is not putting it in your fruit salad."

~Miles Kington

Tomatoes: Great Garden Treats

The tomato is one of the easiest vegetables for home growers. For first time gardeners it's a great plant to start with because it is easy to grow. For apartment dwellers, tomatoes can easily be grown in containers assuring a supply of fresh tomatoes despite limited space.

A member of the solanaceous or nightshade family, tomatoes were once called "Love Apples" and believed to be poisonous. Robert Gibbons provided that tomatoes were safe to eat in 1830 when he consumed a tomato on the steps of the Salem, N.J. courthouse in front of crowd of onlookers.

Tomatoes can be eaten fresh, canned or made into sauces. Home growers can find tomatoes that ripen at all times of the gardening season: early, midseason and late.

Tomatoes come in two types: determinant and indeterminate. For growing in cool climates like northern Michigan some people consider determinant varieties, which bear their crop all at once, as ideally suited for our summer gardening limitations. Indeterminate tomatoes are also referred to as vining tomatoes. They bloom, set new fruit and ripen it until killed by a fall frost.

Tomato Growing Basics

Because tomatoes are a warm season crop and need protection from frost, it's best to plant them in late May. Gardeners who start their own seeds usually start tomatoes six to 10 weeks before planting in the garden.

Using black plastic or landscape fabric, which warms the soil also can help speed growth and increase tomato production.

Tomatoes draw lots of nutrients from the soil and need regular moisture to flourish. They are subject to a wide variety of diseases and garden pests.

While tomatoes are relatively easy to grow, it's best to study up before you plant. There's lots of information available on growing tomatoes online and in garden books. Happy gardening!


We've all heard them and we all cringe when we hear them as kids. Then we grow up and they come out of our own mouths. In honor of May as Mother's Day month, we've compiled a few classics from the many sources on the Internet. We invite Hogwash! readers to send in their own favorites:

  • Money doesn't grow on trees.
  • Your face will freeze in that position.
  • Close that door! Were you born in a barn?
  • If you can't say something nice, don't say anything at all.
  • Don't put that in your mouth; you don't know where it's been!
  • Be careful what you wish for, it might come true.
  • Don't eat those, they will stunt your growth.
  • If you don't eat those, you will stunt your growth.
  • When you grow up I hope you have kids just like you! (Also known as the "Mother's Curse")
  • Because.

Alma Highland Festival

Looking for something different to do over Memorial Day weekend?

Why not check out the Alma Highland Festival in Alma, Michigan?

The annual event – this year marks the 46th year – is one of the largest Scottish Festivals in the Midwest. It's held on the grounds of Alma College and goes for three days, Friday, Saturday and Sunday, May 24-26. Events include Highland Dance competitions, Solo Piping and Drumming competitions, runs, games and a number of Celtic music performances.

To learn more about the festival click here. Alma is located off US-127 between Mt. Pleasant and Lansing.

Win a Hogwash! Coffee Mug

Drink your morning brew out of a limited edition Hogwash! coffee mug.

You can't buy them, you have to win them. Send us your questions or ideas for Hogwash.

If we use yours, we will send you a Hogwash! coffee mug!

Questions or ideas can be sent to:


It's Barbeque Season!

BBQ CartoonBBQ season has commenced and with it this favorite top ten list continues around the Internet. We spotted it on over 160 sites and thought it was a great one to share with our Hogwash! readers….

Barbecue Routine

  • The woman buys the food.
  • The woman makes the salad, prepares the vegetables, and makes dessert
  • The woman prepares the meat for cooking, places it on a tray along with the necessary cooking utensils and sauces, and takes it to the man who is lounging beside the grill – beer in hand.

Here comes the important part:

  • The woman goes inside to organize the plates and cutlery.
  • The woman comes out to tell the man that the meat is burning. He thanks her and asks if she will bring another beer while he deals with the situation.

Important again:

  • The woman prepares the plates, salad, bread, utensils, napkins, sauces and brings them to the table
  • After eating, the woman clears the table and does the dishes.
  • Everyone PRAISES the MAN and THANKS HIM for his cooking efforts.

Later – and this is REALLY IMPORTANT!

  • The man asks the woman how she enjoyed 'her night off.' And, upon seeing her annoyed reaction, concludes that there's just no pleasing some women….

Karen's At Home Cookin'

Spring Feasts!

My vase of daffodils has moved from my kitchen table to the back deck and my husband is grilling turkey legs to serve with cranberry/rhubarb chutney. For an appetizer, I created a "mini pizza" that uses ingredients you can mostly find in the woods or any farmer's market in Northern Michigan. It can be made with regular pizza dough, but I lightened this up for spring. The bean dish I created last night so my fresh kale wouldn't go to waste. This is why we suffer through the winter, for fresh spring meals like this. May the sun keep us warm for the next four months and it rain every other night!

Michigan Spring Pita Pizza


Pita bread

Wild mushrooms



Chive, arugula, basil mixture

Cheese (your choice)


Stir fry chopped veggies in sunflower oil. Puree one third of the sauteed veggies to use later. Add water, olive oil and balsamic vinegar to thin the puree down to desired consistency (throw in some of the chopped herbs at this point too – play with the taste, add garlic or what ever flavor combination appeals to you). Lightly oil pita bread, spread on raclette or goat cheese or mozzarella. Top with the sauteed veggies and bake 5-8 minutes at 325°.

Plating: Slice the pita into quarters. Top with the best tomatoes you can find this time of year. Drizzle the pureed veggie sauce over all. Add a little parmesan cheese and the herbs.

Fava Beans, Curly Kale and Tomatoes

2 cups chopped kale

1 jar home canned tomatoes (with juice)

Garlic and shallots (as much as you like)


Cumin and parsley

Fava beans

Oil up the cast iron pan and cook the chopped shallots and garlic until soft. Add chopped kale with a little water and cook a couple minutes until the kale softens and turns bright green. Add tomatoes and let simmer for 10 minutes. Add fava beans. Mix two tablespoons of honey with 1 tablespoon of cumin powder and add to pan. Cook until the mixtures thickens a bit, adding salt, pepper, more cumin, hot sauce, balsamic or whatever flavors you prefer at intervals (this is where you individualize). Last add the parsley. Serve with thick slices of good bread and olive cheese.

Cranberry/Rhubarb Chutney


2 pounds fresh rhubarb*, chopped

1 cup chopped cranberries

2 cups chopped onion

1-1/2 cups brown sugar

1 cup cider vinegar

2 teaspoons cinnamon

1 teaspoon ground ginger

½ teaspoon ground cloves

2 teaspoons salt

Combine rhubarb, cranberries, onion, brown sugar, vinegar, cinnamon, ginger, cloves, and salt in large heavy saucepan. Cook until thickened, stirring often (about 30 minutes).

Things to do with the chutney:

  • Put it on anything grilled, just rub it on during the last ten minutes.
  • I like it on toast with extra sharp cheddar cheese.
  • Use it on a burrito made with white navy beans, thinly sliced leftover pork and raw onion.

*The earliest records of rhubarb date back to China in 2700 B.C., where it was used for medicinal purposes. No fat, low calories, high fiber, rich in B-complex vitamins such as folates, riboflavin, niacin, vitamin B-6 (pyridoxine), thiamin, and pantothenic acid. The stalks also contain small amounts of poly-phenolic flavonoid compounds like B-carotene, zea xanthin, and lutein. Also, rhubarb stalks provide good amounts of vitamin-K. Adequate vitamin-K levels in the diet help limit neuronal damage in the brain.

My favorite way to eat rhubarb: Pour sugar in the palm of your hand, dip a freshly picked stalk in the sugar and eat raw.

Hogwash offer for May

Are you thinking of buying or selling a house? Would you like independent legal advice before you sign your contract? Call us for a one-half hour free consultation.

This offer is good when you call to schedule an appointment by May 31, 2013 Just give us a call at 231-941-5878.

Offer Expires: May 31, 2013
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Rosi & Gardner, P.C.
735 S. Garfield Avenue
Suite 202
Traverse City, Michigan 49686

Philip R. Rosi

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Gary Allen Gardner
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