…and the right to volunteer one’s labor (earlier), from frequent Overlawyered commenter Gitarcarver at his blog [Raised on Hoecakes]:
Volunteers serve in National Parks around the country without ever being paid for their labor.
Why does the government encourage people to labor without pay for some activities and not others? …
We think that volunteering is noble, rewarding and educational independent of whether the cause is “for profit” or not.
Our issue is not with volunteering.
The issue is what right does the government have in saying where a free citizen of this country can donate his or her time and efforts to?
If you have a friend who is starting a business and you want to help him succeed, why can’t you volunteer your time, efforts and expertise? If a neighbor wants to build and extension onto their offices and you donate a set of architectural or engineering plans because that is your area of expertise. what right does the government have to say “you can’t do that?” If you design web pages and do some work on a web page for a fellow parishioner at your church, what concern is that of the government? How many small businesses have “friends” who donate time to repair or maintain the business’ computers?
The bottom line is the application of the labor of a person is the individual’s choice – not the government’s.
P.S. Small though it was, Westover “produce[d] the greatest variety of ports in the United States,” reports Baylen Linnekin. More from Darleen Click at Protein Wisdom. And in our comments section a reader identifying himself as William Smyth, owner of Westover Winery, comments here.
Through garden tours and charitable dinners, Chrissie D’Esopo has raised some $175,000 over the years at her beautiful home in Avon, Ct., near Hartford. Following a lawsuit over a slip and fall — not to mention the claim filed by the visitor’s uninjured husband — she’s decided to call it quits, but might reconsider on hearing of a recently passed Connecticut recreational-immunity law that extends legal protection to property owners who do not profit from a visitor’s presence. Notes a commenter: “This is why we can’t have nice things.” [Hartford Courant]
A volunteer clearing debris after the recent tornado in north Minneapolis has been hit with a $275 fine for tree trimming without a license [Star-Tribune via Coyote]
More: In other legal news of tree-trimming, Oracle CEO Larry Ellison has settled a battle with San Francisco neighbors over charges that the growth of their trees was spoiling his view [WSJ, more] And the city of Charlotte, N.C., has fined a local church $4,000, or $100 a branch, for excessively trimming crape myrtle trees on its own property under a city tree ordinance [Brittany Penland, Charlotte Observer via Amy Alkon]
St. Louis Post-Dispatch: “The parents of a man fatally stabbed at the New Life Evangelistic Center homeless shelter in 2008 have filed wrongful death lawsuits against the center, saying the center did not provide adequate security.” Jeremy Dunlap was 21 years old when he was stabbed at the center by Robert Gamble, another homeless man who was convicted of murder. “We are saddened that the family would claim that we were negligent,” a church assistant said. “We are in the business of trying to help people that nobody else will help.”
…better check whether your church is licensed as a commercial food-preparation facility [Density Duck in comments:]
…Our local church had to shut down its Feed-The-Hungry operation (where a bunch of retired housewives cooked simple meals and froze them to give to the local soup kitchen.) The reason is that the church kitchen wasn’t certified as a commercial food-preparation facility, as one of the lawyers in the congregation helpfully pointed out to the lady in charge of the program.
We’ve covered the issue periodically before.
A nonprofit in suburban Chicago each year encourages its woodworker members “to craft and donate wooden Christmas toys to less fortunate children.” After donating upwards of 700 toys a year in the past, it will have to discontinue the program in future since it can’t afford the third-party testing required under the Consumer Product Safety Improvement Act, sponsored by area members of Congress Bobby Rush and Jan Schakowsky (D-Ill.). “Woodworking hobby magazines have pegged prices for third-party testing as high as $30,000 for 80 items.” Testing is particularly impractical for items made from donated/recycled wood, since each donated wood source needs to be put through separate testing. Another triumph for CPSIA! [Jenette Sturges, Sun-Times/Beacon-News]
PUBLIC DOMAIN IMAGE from John Bate’s 1635 book, The Mysteryes of Nature and Art, Wikimedia Commons.
“Health and safety regulations which burden Britain and lead to good samaritans facing prosecution are to be swept away in a blitz on ‘compensation culture'”. Among the measures are rollbacks of liability for volunteers, emergency service responders and school recreation. “A coalition source said: ‘What we are determined to see is a great extension of personal freedom, at the same times as a rolling back both of the state and the power of the courts.'” [Telegraph]
Bob Dorigo Jones reports that volunteers won’t build one for fear of liability. He’s got a second post with more on lawsuit fears and Michigan charities.
18-year-old Lauren Crossan, captain of the Randolph (New Jersey) High School cheerleading squad on a trip to the Hula Bowl, plunged naked to her death from a ninth-floor hotel balcony in Maui in 2004. Police arrested two California men who were staying in the hotel room, but then decided that the death was an alcohol-related accident–Crossan had a BAC of 0.17. (The men told police that they fell asleep while Crossan was still in the room after one had sex with her, and didn’t know what happened to her. Police say there was no evidence of sexual contact or of a struggle.) (AP, “Police: Cheerleader’s death an accident”, Jan. 15, 2004; Gary T. Kubota, “Tests show cheerleader was not on illegal drugs”, Honolulu Star-Bulletin, Jan. 27, 2004; memorial site with obnoxious music).
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The Appalachian town of Brasstown, North Carolina, had a tongue-in-cheek tradition of celebrating the new year by lowering, instead of a ball, a captured and fattened possum in a plexiglass cage, followed by a release of the animal. This New Year’s Eve, however, the hundreds of attendees were disappointed when, hours before the event, a PETA member threatened legal action against the organizer, who was sufficiently frightened off by the possibility of needing to hire lawyers to back off the annual event. (Jeffrey Gettleman, “A New Year’s Tradition Lives, but the 4-Legged Star Doesn’t”, New York Times, Jan. 2; Jeffrey Gettleman, “Keep Your Ball. We’ve Got the Possum.”, New York Times, Dec. 31). I suppose PETA wasn’t deterred by the anti-tort-reform propaganda going around the blogosphere that falsely implies that volunteers are protected from lawsuit (Dec. 12).