MADD – Overlawyered

“This tyrannical infantilizing of young Americans must stop”

Walter Olson — Thu, 24 Apr 2014 17:19:05 +0000

“The age-21 rule sets the U.S. apart from all advanced Western nations and lumps it with small or repressive countries like Sri Lanka, Pakistan, Indonesia, Qatar, Oman and the United Arab Emirates. Congress was stampeded into this puritanical law by Mothers Against Drunk Driving.” — Camille Paglia in Time on why the national minimum drinking age law “must be repealed. It is absurd and unjust.” Related: “A drinking age of 21 infantilizes adults who are otherwise able to serve in the military, marry without permission, enter into business contracts, buy tobacco, vote and run for public office. It forces college administrators to be babysitters rather than educators. And it doesn’t achieve its stated goals.” [“ABC debacle should stir debate on Virginia’s drinking age,” Rick Sincere, Richmond Times-Dispatch] Earlier here, here, here, etc. Plus: Relevant political thoughts from Glenn Reynolds last year.

Related, if distantly: study in Britain finds liberalization of bar closing hours associated with decline in traffic accidents [Jeffrey Miron, Cato]

Tags: alcohol, colleges and universities, MADD, Virginia

“This tyrannical infantilizing of young Americans must stop” is a post from Overlawyered - Chronicling the high cost of our legal system

“Parents Face Jail Time For Kids’ Drinking Parties”

Walter Olson — Wed, 03 Oct 2012 11:06:42 +0000

Following a lobbying campaign by Mothers Against Drunk Driving, 28 states (up from 18 seven years ago) now assign criminal penalties to property owners when underage drinking occurs on their property, with no need to show that the parents or other owners actually furnished alcohol, and whether or not any accident or other injury resulted. [ABA Journal] Liability is sometimes based on hazy “should have known” or negligence concepts, and a MADD brochure (PDF) explains that criminal liability can extend to “Parents away from home when their teens host a party; Parents who are present but deny knowledge of drinking on their property; Owners and/or tenants of rural property; Owners of vacant property.”

In 2005 we covered a Virginia appeals court’s ruling upholding the sentencing of a father and mother to 27 months in jail — originally eight years, before a sentence reduction — for allowing drinking at a 16-year-old’s birthday party. (& Alkon)

Tags: MADD, social host

“Parents Face Jail Time For Kids’ Drinking Parties” is a post from Overlawyered - Chronicling the high cost of our legal system

July 14 roundup

Walter Olson — Thu, 14 Jul 2011 05:08:23 +0000

“Battle of the tort reform flicks”: trial-bar-backed “Hot Coffee” documentary said to be more entertaining than U.S. Chamber-backed “InJustice” [TortsProf, Abnormal Use, Daily Caller, Frank/PoL, Above the Law, Fisher, LNL] Memo to liberal studio heads: c’mon, now’s the time to greenlight more business-bashing flicks [Alyssa Rosenberg, TP]
Interlock makers join forces with MADD to lobby for new federal DUI mandates [Luke Rosiak, Wash Times] More: Greenfield.
Consumer found liable after posting gripes about driveway contractor on Craigslist [Minneapolis Star-Tribune] P.S.: Default judgment, not merits [h/t ABA Journal]
Angelos law firm obtains $1 billion+ punitive award in Exxon Baltimore gasoline leak case, bringing total to $1.5 billion+ [AP, earlier]
Taiwan: “Jail Time (And $7000 Fine) for Saying a Restaurant’s Dishes Were ‘Too Salty'” [Volokh]
Headed for SCOTUS? Sixth Circuit panel strikes down Michigan law banning discrimination in higher ed admissions and other state activities [Gail Heriot, Daily Caller; Hans Bader, CEI]
Court in British Columbia includes C$30,000 in damage award for injury plaintiff’s purchase of medical marijuana for pain management [Erik Magraken]

Tags: Baltimore, Canada, Craigslist, illegal drugs, jackpot justice, MADD, oil industry, restaurant critics, Sixth Circuit

July 14 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Driving while not in fact drunk

Walter Olson — Mon, 11 Oct 2010 05:10:29 +0000

Austin’s police chief wants to criminalize driving on 0.05 blood alcohol — which for many people means a beer or two — and state senator John Whitmire of Houston is sympathetic: “Some people shouldn’t be driving after one drink.” A MADD spokesman applauds, too. [Austin American-Statesman]

Tags: alcohol, MADD, Texas

Driving while not in fact drunk is a post from Overlawyered - Chronicling the high cost of our legal system

August 7 roundup

Walter Olson — Fri, 07 Aug 2009 04:12:14 +0000

Hold on to your hat: Litigation Lobby ally and Grade A business-basher David Michaels — who founded a project purportedly advancing the cause of scientific integrity with money furnished by, of all groups, the silicone breast implant bar — named to head OSHA [Wood/PoL; more on SKAPP]
City of Clearwater, Florida bans playing catch on beach or in park [Popehat]
In wake of Kindle “1984” episode, watch for lawyers to start demanding remote line-item deletion of allegedly defamatory or infringing matter from books after publication [Moshirnia, Citizen Media Law]
Amicus brief exposes more free-speech problems with that federal law banning depictions of animal cruelty [Volokh, earlier]
“Crocs settles safety suits over escalator injuries” [Matthew Heller, OnPoint News, earlier]
Was he planning to drive somewhere? MADD official objects to Obama’s appearing on TV drinking a beer [Sullum, Reason “Hit and Run”]
Air crash lawsuit charges Oklahoma City didn’t do enough to keep Wiley Post Airport free of birds [NewsOK.com/The Oklahoman]
Many dubious things in health care bill, but “mandatory end-of-life care discussions” not among them [C.B. Brown, Politico]

Tags: aviation, beer and brewers, elevators and escalators, Florida, free speech, MADD, Oklahoma, OSHA

August 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“DWI for walking a bicycle”

Walter Olson — Sat, 23 May 2009 14:46:44 +0000

[See important P.S./correction at end] No, this isn’t new, it’s a year old in fact, but I must have somehow overlooked Radley Balko’s account of it: Jeff Brown of Columbus, Ohio, was arrested and convicted for operating a vehicle under the influence after walking a bicycle across his own front lawn*, then refusing a breathalyzer test from a cop who said the bicycle was missing a required headlight and that Brown seemed impaired. Things could be worse, though: a Florida woman won dismissal of 2005 charges of operating her own wheelchair while intoxicated.

*Important P.S.: I should have caught this earlier (via Balko’s “Hit and Run” followup, h/t reader Nicolas Martin in comments) but the appellate court accepted a version of the facts that differs from Brown’s on key points [emphasis added]:

The record contains scant details of the underlying facts of this case, but it appears appellant was riding a bicycle on a sidewalk on December 18, 2004, when he was detained by a police officer.

Absent some indication that the appeals court erred, Brown’s doesn’t look like the case to cite in illustrating the farthest reaches of impaired-bicycle legislation.

Tags: alcohol, MADD, Ohio

“DWI for walking a bicycle” is a post from Overlawyered - Chronicling the high cost of our legal system

“Enviros Forced NHTSA Nominee To Withdraw”

Walter Olson — Thu, 14 May 2009 04:42:22 +0000

Chuck Hurley withdrew not because of the many liberty-hostile positions taken by Mothers Against Drunk Driving, but because of one of the issues on which he was right, namely, recognizing that there’s a tradeoff between fuel-economy-regulation-driven downsizing of vehicles and occupant safety, an inconvenient truth some environmental and consumer groups would rather not acknowledge. [National Journal, Fleet Owner, AP/Tacoma News Tribune]

Tags: CAFE, MADD, NHTSA

“Enviros Forced NHTSA Nominee To Withdraw” is a post from Overlawyered - Chronicling the high cost of our legal system

Police lenient? Skagit County jury: taxpayers should pay

Ted Frank — Tue, 05 May 2009 10:27:18 +0000

Washington state jails are overcrowded, so—presumably to avoid lawsuits over overcrowding—Washington State Patrol policy is to arrest nonviolent offenders without jailing them. In the case of Bellingham resident Janine Parker, drunk driving in the early morning hours of January 4, Trooper Chad Bosman arrested her, and drove her home, telling her not to drive until she was sober. Nevertheless, Parker, an hour later, found a taxi to take her nine miles to her car left by the side of the road, and drove drunk head on into Hailey French’s auto, causing the innocent 22-year-old driver many injuries.

French sued Parker, of course, but also the Washington State Patrol and Whatcom County (the latter apparently failed to put an ignition-interlock device in her car as Parker’s probation from an earlier conviction provided). (Miraculously, she doesn’t seem to have sued the taxi company.) A Skagit County jury found the two governmental entities jointly liable for $5.5 million. According to press accounts, the two defense attorneys each tried to get the jury to blame the other deep pocket: apparently, making the suggestion the person responsible for the drunk driving was the person responsible was beyond either hope or comprehension, though a web commenter to the article claims that Parker testified that the accident was entirely her fault. (Peter Jensen, “Whatcom County woman’s suit against county, State Patrol in jury’s hands”, Bellingham Herald, Apr. 24; May 1 post-trial press release of victorious plaintiff’s attorney).

Tags: deep pocket, MADD, police, taxpayers, third party liability for crime, Washington state

Police lenient? Skagit County jury: taxpayers should pay is a post from Overlawyered - Chronicling the high cost of our legal system

April 30 roundup

Walter Olson — Thu, 30 Apr 2009 13:19:40 +0000

“Sioux split on suit seeking money for Black Hills” [Associated Press]
More on nomination of Mothers Against Drunk Driving CEO to head highway safety agency [Balko, see also comments on earlier post]
Push by advocates in Congress to extend shakedown-enabling Community Reinvestment Act to all financial institutions [Victoria McGrane, Politico] And some numbers from Bank of America raise doubts about those oft-heard “CRA default rates lower than regular default rates” assertions [Weisenthal, Business Insider]
Illinois attorney general Madigan to Craigslist: purge vice ads or I’ll see you in court [L.A. Times]
Here and there, acknowledgments in the press of the damaging effects of laws entrenching auto dealers against termination [L.A. Times via Craig Newmark]
How many people get arrested for “contempt of cop”? [Coyote Blog] Blogosphere has helped spread awareness of police-abuse issues [Greenfield]
Virginia Postrel: I told you so on that light bulb ban story [earlier]
U.K. law reform panel: “charlatan” and “biased” expert witnesses put defendants at risk of wrongful conviction [Times Online]

Tags: auto dealership protection laws, Craigslist, expert witnesses, Indian tribes, MADD, mortgages, police, South Dakota

April 30 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Obama puts MADD chief in charge of highway-safety agency

Walter Olson — Sat, 25 Apr 2009 04:05:38 +0000

Mothers Against Drunk Driving is anything but an uncontroversial organization, as the Washington Times, Radley Balko, and our own archives make clear. Among the bad, sometimes awful ideas with which it has been identified are a reduction of the blood alcohol limit to .04 (meaning that for some adults a single drink could result in arrest), blanket police roadblocks and pullovers, the 55 mph speed limit, traffic-cams, and the imprisonment of parents who knowingly permit teen party drinking, to name but a few. Of particular interest when it comes to the policies of the National Highway Traffic Safety Administration (NHTSA), it has backed proposed legislation demanding that costly breathalyzer-ignition interlock systems be foisted on all new cars, whether or not their drivers have ever committed a DUI offense; it’s also lined up with the plaintiff’s bar on various dubious efforts to expand liability.

Now President Obama has named MADD CEO Chuck Hurley to head NHTSA. Drivers, car buyers, and the American public had better brace themselves for a season of neo-Prohibitionist rhetoric, nannyist initiatives, and efforts to criminalize now-lawful conduct. It won’t be pretty.

More: Coyote Blog (“What, was Ralph Nader busy?”)

Tags: MADD, nanny state, NHTSA

Obama puts MADD chief in charge of highway-safety agency is a post from Overlawyered - Chronicling the high cost of our legal system