Category: There Oughtta Be a Law

City Councilman Learns Firsthand the Folly of Breed-Specific Dog Bans

Wednesday, July 1st, 2009

Aaron Rochester, a city councilman in Sioux City, Iowa, who led an effort to get pit bulls banned in the city is now appealing to prevent his own dog from being euthanized after it apparently bit a neighbor. His dog? A Labrador.

It’s just an anecdote, but it’s illustrative of the problems with breed-specific legislation. Bad owners create bad dogs, regardless of the dog’s lineage. Bans on pit bulls don’t prevent dog fighting, nor do they prevent people from raising vicious dogs. They just ensure that dogs fitting the pit bull description will be vicious, because the well-bred lines will be discontinued and good owners will stop raising them. Meanwhile, people who raise dogs for fighting will simply move on to another breed.

Moreover, the term pit bull isn’t really a breed at all. It’s a generic term that can and has been applied to just about any dog with bulldog and/or terrier traits (take the pit bull test here). The American Kennel Club-recognized breed that’s generally associated with the term is the American Staffordshire Terrier. And the vast, vast majority of staffies are harmless (they’re actually considered a child-friendly breed).

I hope Rochester’s dog isn’t put down, and instead sent to a trainer. But Rochester ought pay the approriate damages to his neighbor and perhaps take a couple of dog-rearing classes before he’s allowed to own another dog. Maybe he’ll even learn from all of this why specific breeds aren’t the problem.

Saturday Links

Saturday, June 27th, 2009
  • Why there are 60 minutes in an hour
  • Bloomberg takes the next step down the road toward anti-tobacco hysteria.
  • Zimbabwean newspaper prints billboards on paper made from the country’s worthless currency.
  • Legless frogs epidemic probably not caused by pollution, but by dragonfly nymphs with a jones for frogs’ legs.
  • Obama administration will support indefinite detention of terror suspects without a trial; drops the news late in the evening on a summer Friday.
  • TSA detains man for comic book script. Kicker: Scropt was about a guy who gets wrongfully harassed by the government for writing fiction about terror attacks that came true.
  • Morning Links

    Thursday, May 21st, 2009
  • Yes, there are still innocent people at Gitmo.
  • A federal judge will hold a hearing on whether to bar the media from publishing photos of a New York legislator in handcuffs. He was arrested for tax evasion. The judge says he finds the photos “especially troubling to me” because Newsday could have used other photos. I’m astounded that this would even be considered. I wonder if the judge has expressed similar concerns when newspapers run mug shots, perp walk photos, and prison jumpsuit photos of people accused of crimes who don’t happen to be politicians?
  • Florida congressman wants a federal law mandating a week of paid vacation each year. Eventually, he’d require two. Best quote: “The idea: More vacation will stimulate the economy through fewer sick days, better productivity and happier employees.”
  • Matthew Yglesias likes the idea of taxing alcohol to pay for universal health care. I obviously disagree with Yglesias about the merits of a single payer health care system, but even assuming that disagreement away, paying for it with an alcohol tax (a) is regressive, and (b) would seem to be be somewhat counterproductive, given the almost universal consensus now in the scientific community about the health benefits of moderate alcohol consumption.
  • Colorado Springs police department refuses to release arrest report in the case of a man who claims he was beaten for videotaping the police as they were arresting another man.
  • Journalism layoffs may hamper fight against the death penalty.
  • FTC looks to regulate blogger credibility. Another government solution in search of a problem.
  • Morning Links

    Monday, May 4th, 2009
  • I think there’s something to this criticism: All but one of the current Supreme Court justices went to Harvard or Yale. All were federal appellate judges when they were nominated. And this one seems particularly troubling: Only one–Souter–ever actually presided over a trial. More than skin color or penis-vagina diversity, it would be nice to see Obama look for someone from a different orbit than the usual echelon of elite legal circles. I like the idea of Russ Feingold. Yes, he’s awful on political speech, but he at least possesses some admirable skepticism for government power.
  • Thousands of Minnesota DWI cases in jeopardy after state supreme court orders breath machine manufacturer to turn over source code. They’re refusing. It’s somewhat amazing that these companies have gotten away with keeping source code secret this long, though I believe something similar happened in Florida a few years ago.
  • Injustice in Seattle is doing some interesting stuff with the media reports of police misconduct he’s been tracking.
  • Former NYPD cop runs red light, plows into car of teens in New Jersey. Local cops say he was belligerent, had watery eyes and slurred speech, and smelled of booze. The teens in the car had passed his car earlier, and said he was parked and slumped over the wheel. There was an empty beer can in his car. He refused both blood and breath tests for alcohol. He also had an unlicensed handgun and illegal ammunition in the car at the time of the accident. But his former colleagues from NYPD vouched for his character in his defense. He got probation, because the judge says he wasn’t convinced the guy was drunk. Maybe that’s true, but I’m wondering if any of us normal people would get off that lightly.
  • Home invaders in Orlando yell, “Police! Open the door!” before breaking in and killing one of the home’s occupants. They’re learning.
  • Lovely. The feds want to create a “West Point for public service.” Imagine, a whole campus filled with douche-y college resume builders who all want to be politicians when they grow up! Sounds like a kind of customized hell for me.
  • Speaking of crappy ideas for colleges….
  • Uh-oh. I think if my dogs get wind of this, they may start their own political action committee.
  • Two polls now show legalizing marijuana more popular with America than either party in Congress.
  • Florida passes primary seat belt law, more commonly known as the “pretext for racial profiling and asset forfeiture law.” This one lets cops pull cars over even if the front seat passenger isn’t buckled up. The reader who sent me this says he thinks this most disgusting line in the article: “The bill makes cash-strapped Florida eligible for a one-time, $35.5 million traffic-safety grant from the federal government.”
  • Morning Links

    Thursday, April 30th, 2009
  • Minnesota trying to force ISPs to block access to gambling and poker sites.
  • Speaking of Minnesota, Rep. Michele Bachman is an idiot. No, really. She’s a huge idiot.
  • Bill that would make it more difficult to discipline misbehaving police officers unanimously passes Florida legislature, despite strong opposition from the state’s sheriffs and police chiefs.
  • New York family sues after aggressive, mistaken raid by U.S. Marshals and BATF agents.
  • Illinois attorney general trying to shut down naughty sections of Craigslist. Must have all that violent crime, property crime, and political corruption under control.
  • Chicago cops captured on video beating up patrons playing pool at a bar acquitted on assault charges.
  • Afternoon Links

    Thursday, April 9th, 2009
  • Rasmussen: Just 53 percent say capitalism is preferable to socialism. The younger demographics are even scarier.
  • I think I’m okay with this new law.

  • 1970s gay porn icon dies. Leaves behind . . . wife?
  • Virginia Gov. Tim Kaine pardons two after DNA testing establishes their innocence.
  • Man with IQ of 47 gets 100 years in prison for molesting a six-year-old.
  • Whiny former Bush administration official pens piece attacking Obama for apologizing for Bush’s policies. She’s lucky. He should be doing a hell of a lot more than apologizing for them.
  • He blames gay marriage! But for . . . mass murders?
  • Morning Links

    Wednesday, April 1st, 2009
  • Andy Richter is coming back! This news made my morning.
  • Chart of marijuana arrests in the U.S. since 1966. As public attitudes about the drug have eased, arrests have gone up.
  • Mississippi passes a law to compensate the wrongly convicted. Now if they’d just do something about the people actually responsible for those convictions.
  • Guy dupes the Sun into running fake story about a woman used Google Earth to catch her husband cheating. Not terribly surprising for the Sun to run with a sensational, fact-challenged story. But then damned-near everyone else picked it up, too.
  • Massachusetts legislature wants to ban dirty pictures of old people.

    MORE: Per the comments, looks like I may have been duped by the guy pretending to dupe the Sun with the fake story.

  • Morning Links

    Thursday, March 19th, 2009
  • You know, the judge is kinda’ right, at least in this case. And to be honest, given the mass of wrongful Dallas County convictions DA Craig Watkins has helped bring to the light of day, you’d think a member of the Dallas city council would have more important things to worry about. Like why his city and county have allowed so many innocent people to be convicted.
  • Speaking of “you’d think they’d have more important things to worry about….”
  • Old photo shows KGB spy Putin posing as a tourist during a visit from Ronald Reagan.
  • Jack Shafer may well be the country’s best drug war journalist, if only because of his efforts to keep other drug war journalists in line. Here, he takes on a Washington Post piece improbably claiming that PCP is making a “comeback.”
  • Tucker Carlson blasts John Stewart. And he makes some good points. I’ve always thought Jim Cramer was a clown. But Stewart’s jihad against Cramer made Stewart look like self-righteous bully. And I say this as someone who’s generally fond of Stewart’s interviewing. Or at least I was before Obama moved into the White House.
  • Never thought I’d say this, but good for Maxine Waters.
  • So there a dog people, and then there are “dog people.”
  • Washington State officials warning citizens that NCAA tournament pools are illegal. Why not play the lottery instead?
  • Morning Links

    Friday, March 6th, 2009
  • The Economist says it’s time to legalize drugs: “Legalisation would not drive gangsters completely out of drugs; as with alcohol and cigarettes, there would be taxes to avoid and rules to subvert. Nor would it automatically cure failed states like Afghanistan. Our solution is a messy one; but a century of manifest failure argues for trying it.”
  • Glenn Greenwald revisits the anthrax attacks. I think he’s right. There are two many unanswered questions in all of this. A new investigation from outside the FBI seems in order.
  • A reader sends in another great double entendre headline.
  • Jeremy Lott takes a look at Jonathan Krohn, the 13-year-old aspiring pundit who wowed ‘em at the Conservative Political Action Conference last week, and pities him.
  • Barbie in the news: Parents aghast at the new “tattoo Barbie.” Meanwhile, a West Virginia legislator wants to ban the toy altogether, because he loathes the message that “if you’re beautiful, you don’t have to be smart.” Sez the lawmaker: “I knew a lot of people were going to joke about it and make fun of me.” Yep! (Via FreedomFiles)
  • Here’s some hot-button fodder for the comments section: What happens when a woman goes into a clinic to have an abortion, but due to accident or negligence, ends up giving birth to a live baby? I’m particularly interested in hearing from abortion rights folks about what should happen to the abortion clinic worker if, for the sake of argument, she’s guilty of what she’s accused of in the article. Is the difference between a morally acceptable late-term abortion and murder really just the few inches of the skull that remains in the womb during the former?
  • Arlington, Virginia May Ban Backyard Drinking Games

    Tuesday, February 10th, 2009

    A few years ago, Virginia’s power-tripping alcohol control board cracked down on state bars and pubs that sponsored drinking games like beer pong. Naturally, young bargoers in Northern Virginia started playing the games in their backyards. So naturally, the city of Arlington may now ban them on private property, too.

    Bluemont resident James Thorne said that, since the Virginia Alcohol Beverage Control (ABC) board banned drinking games (such as “beer pong”) from bars and eateries, they have gravitated toward outdoor areas, such as outside local homes.

    “It affects our quality of life,” Thorne said of the resulting noise.

    Thorne asked board members to consider an ordinance change that would give county police the ability to request that such drinking games be moved indoors.

    Board members said the matter should be investigated.

    “What people do in the privacy of their own homes is their business,” board member Walter Tejada said. “When it spills out and affects the quality of the neighborhood . . . we have to take a look.”

    County Manager Ron Carlee said his staff would look into the matter, coordinate with police and come back with a report to board members.

    Reader Patrick Semmens sent the story, and adds via email:

    As far as I can tell, this is being pushed by just one person, my next door neighbor, who is the sole proponent quoted in the Sun Gazette’s article.

    For the past two years he has called the cops on my well-attended annual St.Patrick’s Day party (and last year also the Virginia Alcohol Bureau), but much to his dismay drinking beer outside during the middle of the day (and playing drinking games) is not against the law.  So he is trying to change that by imposing a law on the 200,000 citizens of Arlington County.

    Now an elected member of the Arlington County Board says they are looking into it, and the county manager is wasting time and money having his staff “investigate.” A police captain was even dispatched to my house to talk about the proposed law.

    The city already has noise ordinances to deal with any disturbance Semmens’ parties may have caused Thorne. Banning drinking games on private property seems a bit ridiculous. Then again, so does the idea of banning them in bars.

    Semmens has set up a website to prevent the idea from gaining momentum.

    Monday Morning Links

    Monday, December 29th, 2008
  • The Dallas Morning News names Dallas County District Attorney Craig Watkins its “Texan of the Year.” You can read my interview with Watkins here.
  • Oh, Republicans. It’s sorta’ ironic how insensitive the GOP can be toward minorities, given that the way they’re going, that’s going to be their status in Congress for a good decade to come. It’s fine to oppose political correctness. It’s stupid to go out of your way to offend people, just to show how opposed you are to political correctness. A couple of days ago, I was listening to the right’s latest acid-tongued blonde, Monica Crowley. She too was playing some needlessly offensive parody on her show, this one about illegal immigrants stealing cars and spreading bubonic plague to the tune of “Feliz Navidad.” It wasn’t the least bit funny. Just mean.
  • You mean a public servant is warning that unless he gets more public funding, all hell will break loose? Imagine!
  • Nicholas Kristof is torn. If someone is able to make lots of money while at the same time helping others, is that person good, or evil? It’s unfortunate that there are people who even feel obligated to ask the question. I have a little parable I like to bring out on occasions like these. It’s the parable of Jack Welch and Aaron Feuerstein.
  • Add to the list of stuff banned by government: Snowzilla!
  • Here’s more on the city of Chesapeake, Virginia’s harassment of Ryan Frederick over code violations at his home and property.
  • Morning Links

    Tuesday, November 25th, 2008
  • NFL to broadcast a Chargers-Raider game in 3-D?  Sounds interesting, but please, keep the 3-d cameras Al Davis. Someone could get hurt.
  • Post-reductio Canada.  What an incredibly stupid conception of civil rights.
  • British police protest plan to arm officers with Tasers, arguing, “There is no doubt that in some circumstances Tasers are a very effective alternative to firearms or asps [metal batons] but their use must be tightly controlled and we have seen no case made out to extend their availability.”
  • Practical, nonconventional uses for a portable digital camera.
  • Texas officials are digging in with their plan to require some tech support experts to obtain a private investigator’s license.  When this story first came out, some of these same officials pooh-poohed the scare stories as an overreaction.  But then why refuse to clarify the ambiguous language that have critics concerned?
  • Australian researcher finds that the parts of the country where prostitution is decriminalized and least regulated have the healthiest sex workers.
  • Obama nominee for DHS chief has a history of embarrassing alliances with Maricopa County, Arizona Sheriff Joe Arpaio.
  • Brits Propose Possible Life Sentence for Johns

    Thursday, November 20th, 2008

    The UK is proposing a new law stating that any sex with a prostitute later shown to be working in the sex trade involuntarily is per se rape, possibly punishable by life in prison. Johns will be prohibited from claiming ignorance of the prostitute’s status in their defense.

    In a society where prostitution were legal, open, and market regulated, this sort of law would make some sense. Under such a regime, most (or nearly all) advertised prostitutes and brothels would, in all likelihood, be legit. Few people trafficking in sex slaves would want the attention that comes with openly advertising their services.

    But black markets by definition obscure information from consumers. When prostitution is illegal (or quasi-legal, as it is Britain), it’s hard to distinguish voluntary sex workers from involuntary ones, because they’re all illegal. They all operate underground. There’s undoubtedly a clear moral distinction between patronizing a sex worker who chooses to sell her body, and one who’s forced to do perform under the threat of harm by a pimp or a mama-san. The problem is that under a prohibition on prostitution, it becomes more difficult for Johns to make that distinction.

    The other sad irony here is that I would guess that all else being equal, most Johns don’t want to have sex with a woman against her will. Yes, I’m sure many Johns today practice some willful ignorance about the status of the prostitutes they patronize. But in a society where sex for money were open and legal, the sex slave trade would almost certainly lose a huge chunk of its market share (whatever that may be). Given the option between legal sex with an advertised prostitute or brothel or risking arrest by having sex with a prostitute in a shady, unadvertised, unregulated, underground brothel that may be using sex slaves, I don’t think it’s wildly speculative to say that most Johns would choose the former.

    In any case, under such a scenario, you could certainly make a stronger case for throwing the book at those who choose the latter.

    Morning Links

    Tuesday, September 30th, 2008
  • Sarah Palin: the gift to the Obama campaign that keeps on giving.
  • MADD “outs” restaurants that give to the American Beverage Institute, asks customers to boycott them because ABI opposes MADD (or, just as accurately, just “mad”) public policy goals. Sounds to me like a good reason to go out of your way to patronize those restaurants.
  • So remember the kid in Ozark, Missouri whom police tazed 19 times as he lay in a ditch with a broken back and broken foot after falling off an overpass? An internal investigation has cleared the tazer-happy officer of any wrongdoing.
  • Detroit suburbs increasingly (and unfortunately) embracing breed-specific dog bans.
  • I think I’ve blogged this before. But it’s still pretty terrific that Target sells it. If only they still needed one!
  • Nice coverage in the Washington Post of the Institute for Justice’s fight to keep veterinary groups and some overly self-important state chiropractic board from performing massages . . . on horses.
  • West-Coast Nannyism

    Tuesday, July 29th, 2008

    The Governator signs a trans-fat ban for all of Cal-ee-fornia.

    Meanwhile, Seattle slaps a 20-cent tax on plastic bags, and bans foam packaging at fast food restaurants.

    There Oughtta Be a Law

    Wednesday, May 21st, 2008

    Federal prosecutors are twisting the law into all sorts of nifty shapes in order to levy charges against Lori Drew, the Missouri woman who posed as a teenage boy to tease and torment Megan Meier, a nemesis of her daughter’s. Meier, you may remember, committed suicide as a result.

    Drew is an awful person, and clearly needs some psychological help. But come on. If what she did is a crime, then the millions of people who’ve ever fibbed on a MySpace or Facebook profile have committed crimes, too. All this proves is that the federal criminal code is vast and vague enough that no matter what you’ve done, some politically ambitious U.S. attorney hungry for some publicity can figure out a way to charge you.

    Meanwhile, the Missouri legislature is responding to the Meier tragedy by contemplating a bill that would make it a crime to be mean to someone–and a felony for an adult to be mean to a minor.

    Guess what, folks? Sometimes really, really awful things happen. They just do. It’s time we accepted that, and stopped looking to pass reactionary laws or invent crimes to pin on someone every time a sad story hits the Internets.

    I’ll Need to See Your Permit

    Wednesday, May 7th, 2008

    I don’t know which is worse, that the city of Cleveland requires a “music permit” and a “pool table permit,” or that failing to obtain one is a criminal offense.

    There Oughtta Be a Law

    Wednesday, May 7th, 2008

    California wants to ban driving with a dog in your lap. If this were causing people to drive recklessly, you’d think it would be covered by laws against . . . reckless driving.

    There Oughtta Be a…New Congressman

    Monday, April 28th, 2008

    Proving that stupid ideas never die…

    Congressmen Peter J. Roskam (R-IL) today unveiled his “There Oughta Be a Law” initiative at a press conference in Bloomingdale. Roskam was joined by State Senator Dan Cronin, State Senator Kirk Dillard, State Senator Christine Radogno, State Senator Carol Pankau, State Representative Randy Ramey, State Representative Sandy Pihos, Bloomingdale Mayor Bob Iden and Erickson Elementary School Principal Dr. John Markgraf. Roskam released the following statement:

    “As a new member of Congress, I have learned first-hand what most 6th District residents already know, Washington is broken. Partisan politics have hamstrung Congress’ ability to find solutions to the most pressing problems our nation faces.

    “The constituents I represent are reasonable folks with sound ideas – and it’s time to send a little more 6th District solutions to Washington.

    “Therefore, I am proud to give my constituents the unique opportunity to have their legislative idea introduced in Congress. The very best way to restore faith in our nation’s government is to empower individuals. This is the ultimate definition of representative government.

    “Working together, we will send more common sense to Washington and Springfield.”

    Morning Links

    Thursday, April 17th, 2008
  • The Wall Street Journal is apparently sending marketing people out to buy up copies of a parody newspaper that came out this week. Link includes horrifying NSFW rendering of a topless Ann Coulter.
  • The state of Oregon claims it’s public laws are protected by copyright.
  • Major commercial airline travel had zero fatalities last year.
  • The state of Texas’ decision to raid that polygamist compound is looking more suspect by the day.
  • France looks to ban “promotion of extreme thinness.”
  • The sad story of a man stuck in an elevator for 42 hours. I think it’s a bit strange that commenters at the linked site are criticizing the man for suing. He very well could have died in there. I’d have sured, too. Link includes pretty terrifying surveillance video.
  • Turn It Up, Turn It Over

    Tuesday, March 18th, 2008

    Another city wants to impound your car for playing your radio too loud.

    On Other Blogs

    Monday, March 17th, 2008
  • Wow. Just wow.
  • Counterintuitive thoughts on teen suicide from Glen Whitman.
  • John Cole rounds up wingnut punditry on Pastor-gate. Do we really need to start digging up all the nutty things Christian right pastors have said in sermons over the last 20 years? I seem to remember Pat Robertson, Jerry Falwell & Co. blaming 9/11, Katrina, and all sorts of other calamities on the gays, the womyns, and Grand Theft Auto. And yet GOP politicos still pilgrimage to the doorsteps of these idiots to seek their blessing. There are plenty of things for which one could criticize Obama. That his pastor says things rational people find silly only puts him on par with 90 percent of the rest of Congress. I guess it’s news because it’s just a different kind of silly.
  • Baylen Linnekin on Boston’s pending trans-fat ban.
  • “It drink purdy good, don’t it?” Thomas Pearson on the struggle for fermentation freedom in Alabama. More here.
  • Here’s a great idea: Let’s throw pregnant women who use drugs in prison. And let’s find out who we can target by talking to their doctors. You know, because what better way to show we care about the unborn than to scare pregnant drug users away from seeking medical care–and tossing them in a jail cell when they do?
  • Morning Links

    Tuesday, March 11th, 2008
    • Yet another study confirms the benefits of moderate alcohol consumption.

      After 4 years of follow-up, new moderate drinkers had a 38% lower chance of developing cardiovascular disease than did their non-drinking counterparts. Even after adjusting for physical activity, Body Mass Index, demographic and cardiac risk factors, this difference persisted.

    • Four-year-olds allegedly handcuffed by school safety officer for refusing to take a nap.
    • Exhaustive review of 600,000 documents seized after our invasion in 2003 finds no connection between Iraq and al-Qaeda.
    • The march to post-reductio America continues. Minnesota lawmaker wants to ban scents in public schools.
    • Conservative “Blogger of the Year” and terminal douche Ace of Spades on why he defended GOP hypocrite sex customer Sen. David Vitter but is now jumping all over Democratic hypocrite sex customer Gov. Eliot Spitzer:
      “Shut up, that’s why.”

      Can’t argue with that!

    He’s Just Really Just Sick of All the Kelly Holcomb Jokes

    Monday, March 10th, 2008

    A Kentucy lawmaker wants to ban . . . well . . .most of  you.

    Kentucky Representative Tim Couch filed a bill this week to make anonymous posting online illegal.

    The bill would require anyone who contributes to a website to register their real name, address and e-mail address with that site.

    Their full name would be used anytime a comment is posted.

    If the bill becomes law, the website operator would have to pay if someone was allowed to post anonymously on their site. The fine would be five-hundred dollars for a first offense and one-thousand dollars for each offense after that.

    Representative Couch says he filed the bill in hopes of cutting down on online bullying.

    There Oughta Be a Law

    Sunday, March 9th, 2008

    In a new report for CEI, Eli Lehrer looks at a series of dumb products and activities that the various states have banned. Here’s a little taste:

    Louisiana’s unique-in-the nation florist licensing statute makes it illegal for anybody to arrange two or more types of flowers without passing a largely subjective state licensing exam. In theory, a child could face a fine for picking a bouquet of flowers and selling it at a roadside stand.

    Whole thing here.