Monday, September 7, 2015

STATE REPRESENTATIVE DONNA HOWARD OF AUSTIN, TEXAS, ON MARCH 23, 2011, STATES IN WRITING THAT SHE DOES NOT KNOW THE 'SOURCE' OF THE CONTINUOUS-AND-CONTINUING, YEAR-ROUND, MEDICALLY-INJURIOUS NOISE POLLUTION THAT I HAD COMPLAINED ABOUT IN WRITING TO HER STATE CAPITOL LEGISLATIVE OFFICE IN AUSTIN



(EDITOR'S NOTE: STATE REPRESENTATIVE DONNA HOWARD IN 2011 WAS MY DULY-ELECTED STATE LEGISLATOR REPRESENTING ME IN THE TEXAS HOUSE OF REPRESENTATIVES OF THE TEXAS LEGISLATURE IN AUSTIN.

MY DULY ELECTED STATE SENATOR FROM AUSTIN, STATE SENATOR KIRK WATSON --- HIMSELF A FORMER MAYOR OF AUSTIN --- LATER STATED TO ME IN WRITING IN A MARCH 29, 2011, E-MAIL REPLY NOTE TO ME THAT SENATOR WATSON ALSO DOES NOT KNOW THE IDENTITY OF THE ALLEGED SOURCE OF THE CONTINUOUS-AND-CONTINUING NOISE POLLUTION ALLEGEDLY VICTIMIZING MYSELF, JOHN KEVIN MCMILLAN OF AUSTIN, TEXAS, ON A 24-HOUR-A-DAY AND YEAR-ROUND AND MUTLI-YEAR AND MULTI-DECADE BASIS, INCLUDING INSIDE EACH AND EVERY ONE OF MY WORKPLACES THROUGHOUT THE ENTIRETY OF ALL OF MY WORKING HOURS, INSIDE THE CITY LIMITS OF AUSTIN. AUSTIN IS THE CAPITAL CITY OF THE U.S. STATE OF TEXAS.

THAT MARCH 29, 2011, REPLY E-MAIL LETTER FROM SENATOR WATSON WAS SENT TO ME BY MS. LORA ANN GERSON, THE JEWISH FEMALE DIRECTOR OF CONSTITUENT SERVICES FOR MY DULY ELECTED STATE SENATOR IN AUSTIN.--- jkm)

----- Forwarded Message ----

From: District48 Howard

To: John McMillan

Sent: Wed, March 23, 2011 10:10:04 AM

Subject: RE: 3-16-11 follow-up note to Scott Daigle re: my hearing-loss complaint

Rep. Howard is unaware of the source of the noise pollution which you have mentioned.

Scott M. Daigle
Director of Constituent Services
Rep. Donna Howard
District 48
512-463-0631 Capitol Phone
512-463-0901 Fax
scott.daigle@house.state.tx.us

____________

From: John McMillan [mailto:mcmillanj@att.net]

Sent: Wednesday, March 16, 2011 2:23 PM

To: Scott Daigle; mcmillanj@att.net

Subject: 3-16-11 follow-up note to Scott Daigle re: my hearing-loss complaint

Dear Scott,

Thank you for kindly authorizing me today to share with you the following (see below) E-mail correspondence of mine relating to what I believe is a major legal-liability issue facing state and local government in Austin, Texas.

I still, to this day, have not received any reply E-mail note of any type from the Federal Trade Commission in response to the question I posed to that federal agency in my March 5, 2011-dated (see below) E-mail letter about continuous, year-round noise pollution victimizing myself and injuring myself in Austin, Texas, over a multi-year period.

You indicated in our phone conversation today that State Rep. Donna Howard, my duly elected state legislator from the Austin area, does not know the name of the media company or media entity, or the name of the individual or individuals, who or that have inflicted constant, year-round, medically injurious noise pollution on myself in Austin, Texas, during the time period since I most recently moved back to Austin in mid-March 1997.

Is that a correct paraphrasing of your statement to me on the telephone today?

Thank you in advance for your helpful reply to that one follow-up question from myself.

Sincerely and Best Wishes,

John Kevin McMillan, a consistently civil and law-abiding, honest, gainfully employed, permanently teetotaling (alcohol-free), lifelong-tobacco-free, single adult male constituent of State Rep. Donna Howard.

My home address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.

My home phone: (512) 342-2295.

E-mail: mcmillanj@att.net

Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

----- Forwarded Message ----

From: John McMillan

To: American Academy of Audiology Mgr. of Leg. Affairs Thomas ; American Academy of Audiology Exec. Director Carey ; American Academy of Audiology Foundation Director Culver ; American Academy of Audiology Foundation Officials ; American Academy of Audiology Govt. Relations Director Sinden ; American Academy of Audiology Leg. Coordinator Taylor

Sent: Sat, March 12, 2011 9:13:14 PM

Subject: Fw: 3-12-11 note re: my hearing-loss complaint to FTC

Dear Very Distinguished and Influential Officials of the American Academy of Audiology,

I would appreciate any reply letter from any of you officials about this very important human-rights issue relating to permanent and significant hearing loss inflicted on me by year-round, continuous noise pollution occurring against my wishes and without my consent over a multi-decade period, including at present, in Austin, Texas.

Just this morning, for instance, I suffered a ringing sound in my left ear when I awoke from my sleep inside my very nice apartment unit in northwest Austin.

Please note the cited medical findings (see below) from Dr. David Tobey, a nationally renowned ear, nose, and throat medical specialist in Austin, about the noise pollution-inflicted damage to my medical health in Austin, Texas, that he has statistically documented in the period since 2005. I should mention that 2005 was the very first year in which Dr. Tobey examined me inside his ENT medical clinic in northwest Austin.

Prior to that, a Dr. Mueller (ENT medical specialist based at Medical Arts Square near the UT-Austin Law School) statistically documented my hearing capacity in the late 1990s and removed massive quantities of wax from each of my ears during that medical appointment I had scheduled in advance with himself. Dr. Mueller has since retired, from what I understand.

Dr. Tobey has helpfully emphasized to me inside his medical clinic in northwest Austin that I myself am definitely NOT the source of the injurious noise pollution, nor did I cause it or request it or generate it, Dr. Tobey has helpfully pointed out.

I have provided written authorization to Dr. Tobey to discuss his medical findings about me with any person or organization or government official or attorney who might ever contact Dr. Tobey at any time.

Thank you in advance for your very kind interest in my own quality of life in Austin, Texas.

Sincerely and Best Wishes,

John Kevin McMillan,

11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.

Home phone: (512) 342-2295.

E-mail: mcmillanj@att.net

Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

----- Forwarded Message ----

From: John McMillan

To: University of Delaware Center for Corporate Control Director ; University of Delaware Center for Corporate Control ; CorporateAccountabilityInternational ; Corporate Ethics Group ; Media Ethics (ProEthics Pres.) ; Media Ethics Magazine Editor ; Media Ethics Magazine Editors ; MITProgram on HumanRights&Justice

Sent: Sat, March 12, 2011 8:18:19 PM

Subject: 3-12-11 note re: my legal complaint to FTC

Dear Culturally Influential and Ethics-Minded American Civic Leaders,

I would appreciate receiving a reply letter from ANY of you individuals who, like me, strongly believe that no media company and no corporation---no matter how powerful or financially successful it may be---should have the legal right to inflict significant permanent hearing loss, and the additional risk of deafness as well, on an American citizen (myself, for instance) in a context violating that American citizen's privacy rights.

Thank you in advance for your very kind interest in this public-policy issue and legal issue in American society of today.

I should mention, incidentally, that one private attorney in Austin, Texas, whom I've recently consulted about this did state to me last month inside his law office that he is very sure that I've been victimized by noise pollution violating my privacy rights----noise pollution, he emphasized, that comprises illegal and criminal activity on the part of the individual or individuals perpetrating that noise pollution on myself, he stated.

The same litigation-minded private attorney emphasized to me during the one-to-one legal consultation I had with him inside his law office near downtown Austin, that a civil-law lawsuit on my behalf can also be filed in a court of law in Austin, Texas, against the alleged source of that noise pollution, provided that a cited culprit or "respondent" could be cited by name in that lawsuit, that private attorney informed me.

I would appreciate any information that any of you are willing to share with me about the alleged source of the flagrantly illegal noise pollution victimizing myself in Austin, Texas, on a continuous and year-round basis ever since I moved back to Austin in mid-March of 1997, most recently.

Best Wishes,

John Kevin McMillan.

My mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.

Home phone: (512) 342-2295.

E-mail: mcmillanj@att.net

Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

----- Forwarded Message ----

From: John McMillan

To: Federal Trade Commission (D.C.) ; StateComptrollerSusanCombs ; State Comptroller of Massachusetts (Boston) ; "Governor's Office of Texas, Open Records Administrator" ; Texas Attorney General Open Records ; Gov'sOfficeAttyChelseaThornton ; Texas Legislative Council Legal Director Deborah Fulton ; U.S. Dept of Commerce Civil Rights Div Officials ; U.S. Dept of Justice ; emailmccaul@mail.house.gov; Texas DPS Director Lamar Beckworth ; Attorney General of Massachusetts ; Attorney General of Mass. Public Inquiry and Assistance Division ; Texas Attorney General Crime Victim Services Division

Sent: Sat, March 12, 2011 7:43:06 PM

Subject: Fw: 3-5-11 legal complaint-related question to Federal Trade Commission

Dear Federal Trade Commission Officials in Washington, D.C.,

I have been very disappointed by your federal agency's failure to send me any reply note or reply letter in response to the following (see below) politely-worded letter I wrote and sent to your U.S. Government agency on March 5, 2011.

I would appreciate receiving a reply letter from your very influential federal agency as soon as possible about this legal-liability matter facing your federal agency and the United States Government.

Sincerely,

former Massachusetts resident John Kevin McMillan of Austin, Texas.

My current mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.

Home phone: (512) 342-2295.

Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

----Forwarded Message ---

From: John McMillan

To: Federal Trade Commission (D.C.) ; U.S. Govt Social Security Admn ; Texas Dept of Aging and Disability Services General Counsel Owens ; TX Dept of State Health Services Legal Complaints ; Texas Dept of State Health Services Occupational Diseases Office ; Texas Dept of State Health Services Occupational Noise Levels Investigators ; Texas Dept of State Health Services Privacy Officers ; Texas Dept of State Health Services General Counsel ; Office of the Attorney General of Texas Crime Victims Assistance Office ; Texas Attorney General Open Records ; Gov'sOfficeAttyChelseaThornton ; TexasSecofStateExecutiveOffice ; U.S. Dept of Commerce Civil Rights Div Officials ; U.S. Dept of Justice ; U.S. Dept. Labor (Wash.D.C.) ; "Dr. David Tobey, ENT Specialist" ; Attorney General of Massachusetts ; Attorney General of Mass. Public Inquiry and Assistance Division ; Texas DPS Director Lamar Beckworth ; Massachusetts Dept of Public Safety ; Massachusetts Executive Office of Public Safety and Security (Boston) ; Massachusetts Department of Environmental Protection (Boston) ; TCEQLegalServicesOffice ; CityHealthHuServDir.DavidLurie ; Travis County Criminal Justice/Public Safety Director ; CountyAttorneyDavidEscamilla ; Travis County Intergovernmental Relations Coordinator Eckstein ; Travis County Sheriff Greg Hamilton ; TravisCo.Health-HuServicesDir.SherriFleming ; FBI National Academy Officials ; "Human Rights Initiative (Dallas, TX)" ; Civil Rights Office Texas Health Human Services Commission ; Carter Center for Human Rights ; HumanRightsWatchOfficials(D.C. Office) ; MITProgram on HumanRights&Justice ; Texas A&M Asst. Vice Chancellor David Rejino ; AMA Council on Science and Public Health ; AMA Council on Ethical&JudicialAffairs ; AMA Foundation Exec Dir Churchill ; TexasMedicalAssociation ; CountyJudgeSam Biscoe ; FederalCommunicationsCommission ; Media Ethics Magazine Editor ; Media Ethics Magazine Director ; DMN Editor Bob Mong ; "Anti-Stalking Resource Center, Natl Center for Victims of Crime" ; National Center for Victims of Crime ; State Rep. Donna Howard ; StateSenatorKirkWatson ; CityManagerMarcOtt ; investigates@kxan.com; Harvard Injury Control Research Center ; Massachusetts Department of Environmental Protection (Boston) ; Massachusetts Executive Office of Public Safety and Security (Boston) ; Massachusetts Executive Office of Public Safety and Security (Boston) ; Massachusetts Department of Higher Education ; Massachusetts Commission Against Discrimination Officials ; "Massachusetts Criminal Justice Information Services (Chelsea, Mass.)" ; State Comptroller of Massachusetts (Boston) ; State of Massachusetts Commission Against Discrimination Enforcement Director Joel Berner ; State of Massachusetts Commission Against Discrimination Enforcement Director Joel Berner ; University of Massachusetts-Boston Center on Media and Society ; University of Massachusetts-Boston Chancellor Keith Motley ; Quincy (MA) City Solicitor Timmins ; privacyint@privacy.org; Texas Dept of State Health Services Privacy Officers ; Boston Channel 5 WCVB (ABC) TV Investigative News Team ; Boston CBS-Affil. WBZTV Political Analyst Jon Keller ; Texas Monthly Story-Assignments Editor John Broders ; TRA General Counsel Glen Garey ; Texas Department of Insurance Legal Services Counsel ; Noise Free America ; Right to Quiet Society (Canada) ; Austin Police Association ; APD Open Records Coordinator Don Field ; "City Attorney's Office, Austin, TX, Julie Brossette, Asst. to City Attorney" ; Travis County District Attorney Rosemary Lehmberg ; Travis County DA's Office Paralegal ; State Bar of Texas Exec. Dir. Michelle Hunter ; Texas AFL-CIO Officials ; Physicians for Human Rights Officials ; Texas Commission on Environmental Quality Civil Rights Office ; U.S. Environmental Protection Agency Civil Rights Office ; Texas Education Agency Civil Rights Complaints Office ; University of Texas Medical Branch-Galveston ; Harvard University Medical School ; San Antonio Express-News Columnist Peggy Fikac ; Express-News Editor Robert Rivard ; Travis County Exec. Asst. County Attorney Collins ; Travis County Open Records Coordinator ; Travis County First Asst County Atty Steve Capelle ; Fort Worth Star-Telegram Letters to Editor ; American Academy of Otolaryngology

Sent: Sat, March 5, 2011 11:52:05 PM

Subject: 3-5-11 legal complaint-related question to Federal Trade Commission

Dear Federal Trade Commission Officials in Washington, D.C.,

Is there any circumstance in which your federal agency would pursue legal actions, such as a lawsuit in a court of law, to lawfully and in a civil manner prevent or stop a business entity (such as an unethical media company, for instance) from inflicting medically injurious noise pollution on an American citizen (myself, for instance) against his wishes in a context that violated his own privacy rights.

Sincerely and Best Wishes,

noise pollution victim and longtime Texas resident John Kevin McMillan of Austin, Texas. I have most recently resided inside Austin proper on a continuous basis ever since mid-March of 1997; and I have resided inside Texas ever since January 1988, when I moved back to Texas from Quincy, Massachusetts.

My mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.

Home phone: (512) 342-2295.

cc: Dr. David Tobey, a nationally renowned ear, nose, and throat medical specialist in Austin, Texas, who has helpfully evaluated my hearing capacity and medical health on several occasions since 2005. Dr. Tobey has determined, with help from statistical reports about my hearing capacity that he has compiled, that permanent and irreversible damage to my hearing capacity and medical health from continuous, year-round noise pollution in Austin, Texas, during that multi-year period since 2005 has been significant in nature, Dr. Tobey has informed me. Dr. Tobey has also recently stated to me in person inside his medical clinic, during a medical examination of me, that permanent damage to my own hearing capacity and medical health resulting from my involuntary exposure to noise pollution in Austin, Texas, has been of the magnitude that an officer of the Austin Police Department in Austin, Texas, would himself sustain over the course of his entire career with that municipal law-enforcement agency.

Dr. Tobey ---- whose medical internship was in Boston, Mass. ---- has helpfully stated to me during medical examinations of me in recent years that he is very sure that I myself did NOT authorize the cited noise pollution, nor did I request it, nor did I generate it myself in any way, Dr. Tobey has helpfully assured me in person inside his medical clinic in northwest Austin.

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