Financial Methods

Maine Bureacrats Say No Santa's Butt

The Maine Bureau of Liquor Enforcement is refusing to allow the sale of an imported holiday beer because the  label has an image of Santa Clause.

Let's take a step back.  Government review of beer labels.  In general, is this a valid intrusion?  Probably so.  They can ensure that labels contain the correct disclosure for ingredients, that a bottle with a 12-oz. label actually contains something close to 12-oz. of product.  But the artwork on the label should be largely insignificant unless it infringes on the rights of another party (say by mimicking a popular brand, etc.).

The excuse given for banning the label is that it could appeal to children.  Apparently, the sale of adult products in Maine is so poorly controlled that children can readily purchase alcohol.  Only by making sure the packaging is unappealing to younger eyes can the sale of alcohol to minors be controlled. 

This is the typical excuse of government overreach.  It's for the children.  Everyone wants to protect the children, right?  Whether it's banning soda in schools, mandating that children receive an annual Body Mass Index measurement, or getting rid of vending machines, the excuse is all too often to protect the children and the result is always more government intrusion and less freedom.

So far, Maine is the only state to ban the label, although New York nearly did.  The Maine Civil Liberties Union Foundation has filed a lawsuit on behalf of Daniel Shelton, of the Shelton Brothers, the distributor. 

Read about it here.

© 2006 Michael Cale

Another Innocent Drug War Victim

Kathryn Johnston, a 92-year old woman living in a high crime neighborhood in northwest Atlanta, fired a pistol at 3 men breaking down her door around 7PM.  Unfortunately, the men were police officers in civilian clothes serving a narcotics warrant.   The three officers were all hit by gunfire.  Fortunately all three officers survived. 

Ms. Johnston was killed by police when they returned fire.  Ms. Johnston was the only resident of the house and had lived there for 17 years.  Ms. Johnston's niece maintains that the police had the wrong address.  If so, it wouldn't be the first time.  See a map of botched police raids.

Assistant Chief Alan Dreher said the officers "knocked and announced" [see Wilson v. Arkansas (1995)] their presence before they forced entry into the elderly woman's home. ¹

There are conflicting news reports as to whether the Ms. Johnston opened fire as the officers were approaching the house or when they were attempting to enter the house.

As the officers approached the house about 7 p.m., a woman inside started shooting, said Officer Joe Cobb, a police spokesman. ¹

If the officers were fired upon while approaching the house, it is unlikely they were able to fulfill their legal requirement to "knock and announce" their presence.   The more likely scenario is that Ms. Johnston failed to hear the announcement and fired on the men violently breaking into her home.

Unfortunately, this is yet another innocent citizen killed by police, and three police officers unnecessarily injured.

This tragedy could have been easily avoided.  When police are legally required to announce their presence, why not send at least one uniformed officer?

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Source:

1. Associated Press. 3 narcotics officers shot, elderly woman killed.
Access North GA. November 22, 2006.
http://www.accessnorthga.com/news/ap_newfullstory.asp?ID=83581

© 2006 Michael Cale

A Lawyer by Any Other Name

Shakespeare famously noted that That which we call a rose by any other word would smell as sweet¹. Likewise, a group of self-centered attorneys remains what it is, regardless of the name of the group.

In a move which will likely be a front-runner for the year's Superficial Name-Change For PR Purposes,    the Association of Trial Lawyers of America (ATLA) has changed its name to the American Association for Justice (AAJ).

It seems even this group of trial lawyers recognizes that the country hates trial lawyers.

Despite the name change, we can still expect the group to hinder economic freedom wherever they can find a way to do so profitably.

If you believe that tort reform is unnecessary, take a scroll through http://www.overlawyered.com/.

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Source:

1. William Shakespeare. Romeo and Juliet.
http://www.enotes.com/romeo-text/3380#arose


2. Jaime Jansen. US trial lawyers association name change derided by critics.
Jurist Paper Chase. July 21, 2006.
http://jurist.law.pitt.edu/paperchase/2006/07/us-trial-lawyers-association-name.php

© 2006 Michael Cale

Irrigation Project Halted by Bird

A federal judge has halted a $300 million federal irrigation project due to a bird which may or may not exist.

The dispute involves the ivory-billed woodpecker. The last confirmed sighting of the bird in North America was in 1944, and scientists had thought the species was extinct until 2004, when a kayaker claimed to have spotted one in the area. But scientists have been unable to confirm the sighting. ¹

Environmental groups filed a lawsuit against the Army Corps of Engineers citing stress to the woodpecker, among other factors, that were reasons the project should not proceed. 

U.S. District Judge William Wilson agreed, at least for now, forcing the Corps of Engineers to re-visit the issue. 

Local reaction to the woodpecker has varied.  Some have geared up to sell goods to the hordes of outsiders that have traveled to Arkansas to search for the elusive, possibly extinct, creature.  Others trade tongue-in-cheek recipes.  Most complain about the lousy duck hunting season last year and tie it loosely to the army of bird lovers trudging through the local rivers and swamps.

This is further evidence that the Endangered Species Act needs to be reformed. 

Should we strive to protect wild life?  Certainly, but with balance.  Every decision has benefits and costs.  This decision is skosh on  benefit and high cost.  No one can even verify that this creature exists and people are worried about its stress level.

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Source:

1. Associated Press. Federal judge halts project due to bird sighting.
Albuquerque Tribune. July 22, 2006.
http://www.abqtrib.com/albq/nw_national_government/article/0,2564,ALBQ_19861_4861175,00.html

© 2006 Michael Cale

Judge Orders Game of 'Rock, Paper, Scissors'

A federal judge in Tampa has ordered two squabbling attorneys to settle their disagreement by the childhood game of Rock, Paper, Scissors. 

The attorneys could not decide on the location to take the statement of  a witness involved in a lawsuit.  The winning attorney would select the location.

The judge ordered a single game, not best two of three as is common on the playground.

Source:

Insurance Journal. Judge Orders 'Rock, Paper, Scissors' Game to Settle Dispute
Insurance Journal. June 12, 2006
http://www.insurancejournal.com/news/southeast/2006/06/12/69360.htm

© 2006 Michael Cale