Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for September, 2012

Lawmaker tries to shut up linebacker, cont’d

I’ve got a post at Maryland for All Families following up on the free-speech controversy that flared up when Del. Emmett Burns, a Democratic lawmaker in Annapolis, wrote to the owner of the Baltimore Ravens demanding he silence linebacker Brendon Ayanbadejo, a vocal advocate of same-sex marriage (earlier). Discussion elsewhere: Rob Tisinai/Box Turtle Bulletin, Amy Alkon, Howard Wasserman/Prawfs, BaltimoreRavens.com (team’s front office supports Ayanbadejo), David Frum, and a First Amendment analysis from Hans Bader.

Update: Amid widespread public support for Ayanbadejo, Del. Burns has now backed off his attempt to muzzle the linebacker [Baltimore Sun] Did any prominent critics of same-sex marriage speak up in favor of the Ravens linebacker’s free speech? If not, they missed an opportunity to underline the principled nature of their oft-voiced concern that those on the “wrong” side of the marriage issue will face official retaliation.

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Concord, Mass., bans single-serving plastic water bottles

“According to the bylaw approved by residents in April, it will be illegal to sell non-sparkling and unflavored drinking water in single-serving plastic bottles of 1 liter or less in Concord on or after Jan. 1, 2013.” Jean Hill, the chief proponent of the measure, cited environmental concerns and said, “I feel bottled water is a waste of money.” Thanks for saving us from that temptation, ma’am! [Boston Globe; Wicked Local Concord]

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“For the moment, football will go on as always…”

Steve Chapman at the Chicago Tribune looks at the cultural and legal responses to the mounting evidence that professional football inflicts brain damage on many of its players. He quotes my view that if the litigation system carries over to football the legal principles it applies to other industries, the game isn’t likely to survive in its current form.

More, Coyote: “And don’t think the NFL does not know this. If you are wondering why they handed out insanely over-the-top penalties for bounty-gate in New Orleans, this is why. They are working to establish a paper trail of extreme diligence on player safety issues for future litigation.” And: Saving Sports (adding Title IX angle).

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Del. Emmett Burns to Baltimore Ravens: silence that troublesome player

Wow. Del. Emmett Burns (D-Baltimore County), an opponent of same-sex marriage, fired off a letter to the owner [PDF] of the Baltimore Ravens on legislative stationery demanding that he silence Brendon Ayanbadejo, an outspoken marriage advocate. Pretty much every conservative commentator in America (properly) denounced the Boston mayor and Chicago alderman for menacing Chick-Fil-A. I hope some of them will speak up against this abuse of government office as well. [NBC Sports Pro Football Talk]

More, Eugene Volokh finds it “a pretty inappropriate thing for a legislator, speaking in a way that stresses his role as legislator, to say to a private employer. There is no express threat of retaliation here, but such letters to private businesspeople — who often have to deal with legislature on various regulatory issues — tend to carry something of an implied threat, especially when they stress the author’s legislative position.” Note also that what Burns is “requesting” in his letter is accompanied by a peremptory demand for an “immediate response.” And update: following an outcry in which the public overwhelmingly took the player’s side, Del. Burns has backed down.

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ADA vs. the Nook, cont’d

Following a complaint under the Americans with Disabilities Act, the Sacramento library system has agreed not to give patrons any more Nook e-readers, which cannot be used by blind persons because they lack text-to-speech capability [Disability Law] Disability-rights lawyers have taken the view that it is unacceptable for libraries to stock a mix of devices, some with text-to-speech and some not.

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Politics roundup

  • “Someone tell Gov O’Malley that Swiss bank UBS is helping build a Maryland bridge.” [background; State of Maryland, PDF, via Dan Alban] Dems’ trade xenophobia escapes ire aimed at GOP’s purported immigration xenophobia [Barro] “Buried in the 2012 Democratic platform: Official declaration of war on Switzerland.” [@daveweigel]
  • Are you better off than you were four years ago? Kyle Graham traces that question back to 1900, and no doubt it’s older [ConcurOp]
  • Fact-checkers snooze during Dems’ Lilly Ledbetter show [Ted Frank/PoL, Hans Bader/Examiner] Read in full context, Obama’s “you didn’t build that” remarks “would inspire largely the same reaction.” [Larimore, Slate]
  • Former Florida Gov. Charlie Crist is least surprising Dem endorser of the year, as Overlawyered readers have reason to know [Betsy Woodruff, NRO, on Morgan & Morgan connection]
  • Great Society legacy: tax-funded nonprofits play key role in NYC corruption [Steven Malanga, WSJ]
  • “Details of the Auto Bailout You Won’t Hear in Charlotte” [Dan Ikenson, Randal O’Toole, Cato; Tim Carney, Washington Examiner (“Here’s the truth: what Romney proposed for Detroit was more or less what Obama did”); Shikha Dalmia on Gov. Jennifer Granholm]
  • HHS welfare waivers: fact-checkers, check thyselves [Kaus, more, Steve Chapman]

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