Posts tagged as:

historic preservation

Vancouver bans doorknobs

by Walter Olson on November 21, 2013

In the name of so-called universal design — a much-promoted theory that disabled-accessibility features should be designed into all structures, public or private, from the start — Vancouver is adopting building code changes that prohibit use of doorknobs in favor of levers and other mechanisms that are more easily used by the handicapped and elderly. While the ban will apply only to new construction, the city has already deferred to the new thinking by replacing the ornate doorknobs in its Art Deco-era City Hall. Building experts see doorknob bans in private housing construction as likely to spread in the years ahead. [Vancouver Sun] Perennial Overlawyered bete noire Rep. Jan Schakowsky (D-Ill.) has in recent Congresses introduced something called the Inclusive Home Design Act which would mandate some accessibility features in all federally assisted newly constructed housing units.

More: “Vancouver Banned Doorknobs. Good,” writes Colin Lecher at Popular Science. Because the less diversity and private choice and historical continuity, the better.

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The former Mercedes showroom on Park Avenue in Manhattan was one of only three Frank Lloyd Wright projects built in New York City, along with the Guggenheim Museum and a Usonian house on Staten Island. “On March 22, the Landmarks Preservation Commission called the owners of 430 Park Ave. to tell them the city was considering designating the Wright showroom … as the city’s 115th interior landmark. … on March 28, the building’s owners, Midwood Investment & Management and Oestreicher Properties, reached out to another city agency, the Department of Buildings, requesting a demolition permit for the Wright showroom. The permit was approved the same day, sealing the showroom’s fate.” [Matt Chaban/Crain's New York Business, New York Times, Metropolis] That’s only the latest in a series of incidents in which the prospect of city intervention under Gotham’s famously cumbersome preservation laws has precipitated teardown instead [New York] More thoughts: Scott Greenfield.

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Terry Teachout, WSJ (via About Last Night):

…In Europe, sound recordings enter the public domain 50 years after their initial release. Once that happens, anyone can reissue them, which makes it easy for Europeans to purchase classic records of the past. In America, by contrast, sound recordings are “protected” by a prohibitive snarl of federal and state legislation whose effect was summed up in a report issued in 2010 by the National Recording Preservation Board of the Library of Congress: “The effective term of copyright protection for even the oldest U.S. recordings, dating from the late 19th century, will not end until the year 2067 at the earliest.… Thus, a published U.S. sound recording created in 1890 will not enter the public domain until 177 years after its creation, constituting a term of rights protection 82 years longer than that of all other forms of audio visual works made for hire.”

Among countless other undesirable things, this means that American record companies that aren’t interested in reissuing old records can stop anyone else from doing so, and can also stop libraries from making those same records readily accessible to scholars who want to use them for noncommercial purposes. Even worse, it means that American libraries cannot legally copy records made before 1972 to digital formats for the purpose of preservation—not unless those records have already deteriorated to the point where they may soon become unplayable.

That’s crazy.

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“Formstone is to Baltimore what Communism was to Czechoslovakia.” Although virtually no one installs the simulated-stone exterior cladding any more, and it doesn’t seem to raise any safety concern, Charm City authorities are still proposing to ban it, which has touched off a wave of protests and a Baltimore Sun editorial objecting to the ban. [Sun reporting, editorial]

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New York Post:

Wheelchair-riding Linda Slone, 64, is suing 39 shops in her neighborhood for not being handicapped-accessible.

The legal crusade is netting her thousands, but Slone, who cannot walk because of polio, insists she is simply championing the rights of the disabled.

“If you think this is a money-making scheme, you’re dead wrong,” said Slone, a speech pathologist.

The Florida-based Weitz Law Firm, which represents Slone, “also represents Zoltan Hirsch, a Brooklyn double amputee who The Post revealed last year filed 147 suits citing the Americans with Disabilities Act.”

Scott Greenfield wonders what the brownstones of Columbus Avenue will look like by the time the shopowners and landlords somehow manage to completely ADA-proof them.

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It’s not just New York:

In Georgetown, for instance, Eastbanc has proposed to replace the Canal Rd. Exxon with a five story condo building. From a true historic preservation perspective, there’s not much of a case against the project. It wouldn’t break up the rhythm of the block and the proposed style, while not particularly elegant, was at least not discordant.

But neighbors along Prospect Street would lose a part of their fabulous view across the Potomac. So they argued vociferously during the design review process that the project should be reduced to preserve their views. This had little to nothing to do with genuine historic preservation. … This pattern is repeated frequently in Georgetown and in other historic districts.

The local opponents have thus far blocked the project, which means the historic district is still adorned with the Key Bridge Exxon. One might ask the neighbors whether they feel a gas station enhances the neighborhood’s quaint Nineteenth Century ambiance, except that, taking a leaf from lower Manhattanites, they might say it does.

More: David Schleicher, Prawfs, on the municipal political economy of zoning.

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New York City gets away with landmarking all sorts of properties no one would ordinarily consider to be of architectural or historic distinction. It’s almost as if the city’s using the law as a generalized development control or something [Annie Karni, NY Post via Ira Stoll]

Chain of foolishness

by Walter Olson on August 9, 2011

Coming up, if a controversy in Alexandria, Va. is any indication: historic preservation mandates for chain-link fences [Matt Welch, Reason].

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February 28 roundup

by Walter Olson on February 28, 2011

  • Feds indict activist for handing out “jury nullification” tracts outside courthouse [Volokh, Greenfield] Anti-abortion billboard taken down after demand by NYC pol; co. says fear of violence was spur [NY Times]
  • Pigford class action (USDA bias against black farmers) defended and assailed [Friedersdorf and readers, Daniel Foster/NR, Mark Thompson/LOG, earlier here, here, here, etc.]
  • Avik Roy on Pennsylvania defensive-medicine study [Forbes]
  • Backstory: Scott Walker battled AFSCME for years as Milwaukee County exec [Aaron Rodriguez, Hispanic Conservative] “Wisconsin’s teachers required to teach kids labor union and collective bargaining history” [Daily Caller]
  • “The return of the $0 Costco fuel settlement” [CCAF]
  • Historic preservation vs. the obesity crusade: should a vintage Coke sign in San Francisco’s Bernal Heights neighborhood come down? [SFGate]
  • Law blog that covers a single beat closely can turn itself into a valued practice tool [Eric Turkewitz on John Hochfelder's New York Injury Cases]
  • “Soda suits: Banzhaf browbeats school officials” [five years ago on Overlawyered]

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“Councils have ripped up or paved over acres of traditional cobblestones from streets across Britain, amid fears of compensation claims from people who trip over on them.” [Telegraph]

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June 16 roundup

by Walter Olson on June 16, 2009

  • Legal hazards of beachcombing: “Keeping bald eagle feather could result in a $100,000 fine and year in prison” [BoingBoing; our Sept. 1999 post]
  • “E.U. Condemns America’s Online Gambling Crackdown” [Sullum, Reason "Hit and Run"]
  • Much-loved Stockton, Calif. eatery Chuck’s Hamburgers is menaced by ADA serial litigator, and friends rally to save it [Stockton Record, 4000-member Facebook group]
  • Doomed AF Flight 447 had multiple connections with France (airline, aircraft maker) and Brazil (takeoff, many passengers’ nationality), so of course some American lawyers are hoping to get resulting suits heard in U.S. courts [Bloomberg]
  • Sure takes a lot of lawyering to bring a movie like “Bruno” to the screen [Althouse, WSJ Law Blog, Legal Ethics Forum]
  • Form vs. substance: U.K. historic-preservation edict saves increasingly impractical Victorian bell frames, at expense of 650-year-old bell ringing tradition [Telegraph via Never Yet Melted]
  • All in a day’s (double) work: take city retirement or even disability, then come back in second job [Al Tompkins, Lowell (Mass.) Sun]
  • Can it be? In just about another two weeks your favorite source of legal consternation will turn ten years old [nine years and eleven months or so ago on Overlawyered]

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May 18 roundup

by Walter Olson on May 18, 2009

  • Historic preservation and habitat preservation laws can backfire in similar ways [Dubner, Freakonomics]
  • Serious points about wacky warnings [Bob Dorigo Jones, Detroit News]
  • Texas solons consider lengthening statute of limitations to save Yearning for Zion prosecutions [The Common Room]
  • A call for law bloggers to unite against content-swiping site [Scott Greenfield]
  • Drawbacks of CFC-free pulmonary inhalers leave asthma sufferers gasping [McArdle, Atlantic]
  • Try, try again: yet another academic proposal for charging gunmakers with costs of crime [Eggen/Culhane, SSRN, via Robinette/TortsProf] More/correction: not a new paper, just new to SSRN; see comments.
  • California businesses paid $17 million last year in bounty-hunting suits under Prop 65 [Cal Biz Lit]
  • Trial lawyer lobby AAJ puts out all-points bulletin to members: send us your horror stories so we can parade ‘em in the media! [ShopFloor]

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The facade of the Old Morris tobacco shop in Victoria, British Columbia, which has operated at its location for 120 years, “has been preserved in it’s [sic] original design, including signs noting the tobacco, house blends and Havana cigars within.” New provincial legislation prohibits tobacco-promoting signage where visible to youths; “Businesses who violate the act face a $575 fine for a first offense, with penalties rising up to $5,000 for repeat offences.” At the same time:

In a letter sent to [store owner Rick] Arora, Steve Barber, senior heritage planner with the City of Victoria, called the store’s signs “an integral part of the history of this building and part of it’s heritage character,” meaning Arora cannot remove or cover the signs.

“They’ve made it clear I can’t touch them,” Arora said. “I could be fined $1 million and go to jail for two years.”

Neither government agency “is budging” on its demands. (Tom Mcmillan, “Tobacco store owner caught between policies”, Canwest/Vancouver Sun, May 27). Update: compromise struck (thanks to reader ras in comments).

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