The Northern Michigan Daycare Authorities Shutter Another Daycare article has gone viral. On Sunday alone we had over 1,100 hits. I’m happy to have been able to give a voice to an issue that many people appear to be concerned about.
The website hits are moving further and further out from Traverse City. They began in Traverse City and now they’re spreading throughout the United States. That tells me that there are similar frustrations in other places. I guess governmental bureaucrats can be unreasonable everywhere.
So let’s talk some more about due process and the Olosky case.
Surely you know Beth Olosky personally…
No. I have never spoken to her or met her. I only read the press release on upnorthlive.com, and I was frustrated that they didn’t ask the interesting questions. The whole premise of this website is that our local news outlets rarely ask the interesting questions.
What are the interesting questions?
1. When the state issues an emergency shut down of a person’s livelihood and a service that parents rely on, why does it take months to get a hearing? And why do they believe that it’s necessary and helpful to do a press release?
2. What did Olosky do exactly that violated the rules? The press release only states that she violated rules. It doesn’t articulate what Olosky did to violate those rules.
3. How do the alleged rule violations warrant an emergency shut down? If I don’t even know what the allegations are, how can I make up my own mind about whether the shutdown is fair? And no – “just trust us, we’re the government” – is not an acceptable answer.
4. Is the way that emergency shutdown procedures are used in Northern Michigan different from how they are used in other parts of Michigan? What is the standard for when an emergency shutdown is appropriate? How did the Olosky case meet that standard?
So what happened in the Olosky case?
There are a few places where upnorthlive could have looked for details about the Olosky case:
Here’s what’s interesting:
- Olosky filed for divorce the exact same day that the special investigation began against the daycare. How does that just happen?
- If the report is accurate, the divorcing husband is the main witness, and he has an agenda. From the report: “I spoke with Mr. Matt Olosky. He stated that…Sometimes Ms. Olosky yells at the child care children and she should not be watching children and indicated that she should quit due to unhappiness.”
- Olosky accuses the divorcing husband of shutting off her phone and taking her daycare records. And the divorce ledger shows that Olosky filed for a court order conserving marital property on 9/26/2018. That issue alone dragged on in the family court for months. There wasn’t an order submitted under the seven-day rule for the mutual injunction until November. What was Olosky needing to conserve? Was it the use of her phone and the security of daycare records?
- The report stated that she was only without a working phone for a few hours, and through no fault of her own. Impossibility is a well-recognized defense in most legal settings. Although Olosky may have been in violation of the rule, it may have been because of sabotage. Surely, violations of daycare licensing rules must be negligent, reckless or knowing.
- The report’s author states: “I advised Ms. Olosky that she needs an operating phone to be able to provide child care and she needs to keep the safety and care of all children in her care the primary concern as she and her family work through the divorce difficulties.” — Don’t you think she already knows that?
- The report’s author also states: “We discussed how the issues are recognized to possibly not be constructive to the operation of the child care…” – If the unwritten rule is that people going through a divorce must be too stressed out to run a daycare and therefore shut down, we need to talk about the whole equal protection under the law thing. And divorce is constructive to what profession exactly?
- Olosky’s divorce isn’t scheduled to go to trial until September – nearly a full year after she filed. Most divorces, even with children, don’t take that long. That tells me that there are multiple contentious issues. Custody, spousal support and exclusive use of the marital home were all apparently hotly contested.
And the problem with the whole mentality of – Well did you read the report? The state says that she’s pretty shitty. — is that Olosky can’t cross-examine a report. That’s my point.
The state has to start giving daycare providers their day in court. They just can’t keep making people wait months and months for relief while their licenses are revoked and their livelihoods in ruins. And they have to do it without threats of press releases from licensing officials.
And if the divorcing husband made the complaints with the intent of making life difficult for Olosky, the daycare licensing officials played right into his hands.
Why didn’t the upnorthlive article ask these questions? Why don’t our local news outlets go beyond the government’s storyline?