New law brings fresh tears to annual memorial
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Phil Ellenbecker reads a prayer at the 10th anniversary memorial service for the 7 people killed in a crash on I90/39. Ellenbecker's daughter, Malinda Turvey, had joined a magazine sales crew and died in the accident.
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The 10th anniversary memorial service for a tragic accident on I90/39 that killed 7, had one glimmer of brightness. The state legislature passed a law earlier this week severely limiting the use of youth in the traveling magazine sales industry.
MILTON TOWNSHIP — For 10 years, the power of a promise has pushed Phil Ellenbecker to do things no parent could imagine.
It has given him the strength to talk to strangers, often through newspapers and television cameras, about his loss.
It has given him the strength to work tirelessly to keep the slow wheels of government turning.
But for a couple of minutes Saturday afternoon, that promise brought Ellenbecker to tears. For a minute or two, he was just a dad who misses his little girl.
Ellenbecker of Verona joined other parents, family members, public officials and a survivor Saturday afternoon at a memorial service at the rest area on Interstate 90/39 north of Janesville.
The site marks the spot where Ellenbecker’s daughter, Malinda Turvey, 18, and six others died in a horrific van crash March 25, 1999. Five people were injured in the crash.
The van passengers were part of a traveling magazine sales crew.
Ellenbecker promised Malinda at her grave that he would fight the traveling sales industry.
Many at the tree-side memorial service shed tears when Ellenbecker read a prayer out loud, reiterating a promise that Malinda and her coworkers “would not die in vain.”
Reading that line was the only thing that made Ellenbecker cry during the event.
This year’s service was especially poignant because this week the promise became reality.
On Tuesday, the state Senate and Assembly soundly voted in favor of a bill strictly regulating traveling sales crews that work in Wisconsin. Gov. Jim Doyle signed the bill into law Thursday.
“Malinda’s Act” aims to clean up or eliminate the companies that recruit young adults to cross the country in teams selling magazines and other items.
Ellenbecker has immersed himself in research about traveling sales crews. He has learned that many companies exploit teen workers, forcing them to work long hours for little or no pay. Some are sexually or physically abused if they don’t make enough sales. Others are left on the side of the road when they want to go home.
He also learned of cases where salespeople with questionable backgrounds beat, raped or killed homeowners.
Law supporters say it will protect teens and consumers. Opponents say it could negatively affect legitimate companies.
Sgt. John Conger of the Milton Police Department joined the families Saturday at the memorial. Conger doesn’t regularly attend the annual service because he doesn’t want to disturb grieving families.
But the accident has had a lasting effect on him.
Conger was the town of Milton police officer that tried to stop the speeding van on I-90 in March 1999. The driver, Jeremy Holmes, didn’t have a valid license and tried to get one of the van’s 13 other passengers to take the wheel.
Over the years, Conger has joined Ellenbecker in fighting for regulation of traveling sales crews.
Locally, the crews aren’t as common as they were before the 1999 crash, Conger said.
“We still see them from time to time,” Conger said. “But the publicity this event got really squashed it a bit in this area.”
Ellenbecker’s goal is to use Wisconsin’s new law, which is the toughest in the nation at regulating sales crews, to encourage similiar laws across the United States.
“It will be much easier now that Wisconsin has passed this law,” Ellenbecker said. “We’re leading the way.”
Apr 22, 2010 at 3:48 p.m.
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It does actually affect a legitimate company the bill requires bonds and a number of other red tape that they designed to ultimately to ban all door to door sales in the state. I am a direct marketer that has a few contractors along with myself that yes we enjoy traveling from time to time throughout the state. We don't make enough money to place a 10,000 dollar bond let alone the huge list of other demands the bill calls for. This is going to put my side job out of business.. And to try and ban other out of state company's from participating in interstate commerce is against Federal Law. The “dormant” Commerce Clause refers to the prohibition, implied in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce. This bill does exactly that. This bill will not stop some company's from operating in the state what is going to happen is someone with a whole lot of extra money is going to sue the state. Commercial speech i believe is still protected by the first amendment. There is also a federal law that says states are not allowed to tax companys following the commerce laws. which means the states are not allowed to charge for permits or registration of door to door solicitors....My heart goes out to the families of the Janesville accident involving a certain sales company it was a tragedy. But i think that if we are going to protect our children from BAD companies like so then we need to become better parents and teach our children how to protect themselves from predators they are everywhere. Making laws that create undo burden on the small legitimate companies will put them out of business and according to the Constitution
Of The United States Of America " The Free County" states are not allowed to do so.
I hope for the little people of the country that someone puts a stop to this before some young adult selling a legitimate product like magazines, cleaner or whatever gets thrown in jail here for not posting his 10,000 dollar bond just so he can try and make a few bucks a day in some town that wants to charge him who knows how much money just to make a sale at a door. Our founding fathers would be very upset. You would not govern the church for such an accident and the fact is there is bad people in every industry in America You can not hold every door to door company in america liable for a few bad peoples mistakes. Free trade should and WILL survive without taxation. That is what this ultimately is It is about the money. Making sure your children are working for a legit company and getting paid for their work should not take government control it takes better parenting.
Mar 30, 2009 at 7:26 a.m.
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I'm all for regulating these industries (but would expect my Republican brothers and sisters to feel differently). Nonetheless, the story is a bit inflmamatory. Clearly, it is illegal to rape or sexual molest your employees. Just as clearly, there are already existing laws against making people, including children, work long hours. We have minimum wage laws, etc. And, the speeding or driving with no licenses was already illegal. All of this tells me that this law is needless. Why is it so gratifying for us all that we continue to pass new laws when the old ones are work just fine?
Mar 29, 2009 at 5:07 p.m.
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here is the memorial website
http://travelingsalescrews.info/janesvil...
Mar 29, 2009 at 7:35 a.m.
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This is good news and I agree it should not have took this long.To oppose it is not reality and IMO if they are a legitimate company it shouldn't affect them. Just follow the law.
Mar 29, 2009 at 2:18 a.m.
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I find it incomprehensible that it took this long, but at least it did eventually get passed.
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