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Grief can make you crazy

That’s the only explanation — or at least charitable explanation — for the idea that a family would sue Ford and Firestone for wrongful death. Not, as you might think,…

That’s the only explanation — or at least charitable explanation — for the idea that a family would sue Ford and Firestone for wrongful death. Not, as you might think, because a Firestone tire blew out and led to an auto accident that killed someone. No, the family was suing Firestone and Ford because their daughter got a flat, and then was killed by the man who gave her a ride.

Prosecutors said Richard Cook, 36, of Omaha picked up Stahlecker and later shot her. Cook was convicted of first-degree murder, and is serving a life sentence. He remains the only defendant in the wrongful death lawsuit.
The woman’s parents, Susan and Dale Stahlecker of Fremont, claimed in the suit that a Firestone Wilderness AT tire on their daughter’s 1997 Ford Explorer failed, setting off the chain of events that resulted in her death.
The lawsuit claimed Firestone was negligent in making the defective tire and Ford was negligent in putting it on one of its vehicles. The high court said the companies could not have foreseen Cook’s criminal acts.

To say the least.

What’s even more, um, tragic is that the current ruling was from the Nebraska Supreme Court, upholding a lower court ruling. Which means that not only did the parents sue, but they appealed.

Nashville, Tenn.-based Bridgestone/Firestone has recalled millions of ATX, ATX II and Wilderness AT tires since August 2000 after federal safety officials found they were prone to losing their tread while traveling at high speeds.
At least 271 U.S. traffic deaths have been linked to the failed tires, most of which were sold with the Ford Explorer.
The Stahlecker’s lawyer, Richard Rensch, said Amy might not have ventured out in the early morning had she known the tires were prone to blowing up.

I suspect she would not have. Of course, then she would have been at home when a meteor crashed into it, meaning Ford and Firestone would still have been on the hook …

(via Ipse Dixit)

Don’t they know there’s a war on?

Leaving aside the whole gays-in-the-military thing, some current regulations and guidelines on what will, or won’t, disqualify you as a recruit are … well, damned goofy. I previously related that…

Leaving aside the whole gays-in-the-military thing, some current regulations and guidelines on what will, or won’t, disqualify you as a recruit are … well, damned goofy.

I previously related that my eldest son was nearing a decision to enlist in the Army or the Marine Corps. In a conversation with the Marine recruiter, he said that they can get waivers to approve enlistment if a prospect has used narcotics or smoked marijuana, has a record of repeated arrests, or, in one approved waiver, had one leg literally pinned together with steel rods.
But absolutely no waivers whatsoever are granted for a prospect who has more than six tattoos or has any tattoo that cannot be covered by the recruiter’s hand. Period. It doesn’t matter what the tattoo depicts – gang related, drug related, or a full-color American flag, doesn’t matter.

It gets better. Or worse.

(via Randy)

Tough questions

It’s a bit after the fact now, but there’s another aspect of Rev. Robinson’s election to bishop of New Hampshire that bears some discussion. About 85% of the discussion has…

It’s a bit after the fact now, but there’s another aspect of Rev. Robinson’s election to bishop of New Hampshire that bears some discussion. About 85% of the discussion has been on “He’s gay! He’s gay!” with another 14% on “His election will tear apart the Episcopal Church and the Anglican Union!” Since I thought these were both poor arguments against the confirmation (Luke 12:51ff seems to counter the latter, at least), I was left supporting it.

But there’s another argument that’s been brought up — and largely because Lileks raises the matter this morning, it’s worth at least touching on, after the fact:

This story has irritated me from the start, and it has nothing to do with Rev. Robinson’s sexual orientation. The guy left his wife and kids to go do the hokey-pokey with someone else: that’s what it’s all about, at least for me. Marriages founder for a variety of reasons, and ofttimes they’re valid reasons, sad and inescapable. But “I want to have sex with other people” is not a valid reason for depriving two little girls of a daddy who lives with them, gets up at night when they’re sick, kisses them in the morning when they wake. There’s a word for people who leave their children because they don’t want to have sex with Mommy anymore: selfish.
[…] If he’d cast off his family to cavort with a woman from the choir, I’m not sure he’d be elevated to the level of moral avatar – but by some peculiar twist the fact that he left mom for a man insulates him from criticism. It’s as if he had to do it. To stay in the marriage would have been (crack of thunder, horses neighing) living a lie, and nowadays we’re told that’s the worst thing anyone can do. Better to bedevil other lives with the truth than inconvenience your own with a lie. Right? If others are harmed in the short run, eventually they will be happy because you’re happier. Right?

Divorce is a tricky one. Being previously divorced myself, I obviously have a certain bias in the issue. I’m also one for taking responsibility for one’s actions, and sticking by one’s commitments. I also don’t know as much as, perhaps, I ought about the details of Rev. Robinson’s life and how he ended his relationship with his wife and daughters.

I will note that the situation is not directly analogous to “if he’d cast off his family to cavort with a woman from the choir” — for the same reason that arguing that “he’s fooling around out of wedlock” is not a valid criticism. Until we, as a society, tolerate and formally recognize gay relationships, up to and including marriage, we cannot, as a society, criticize gay individuals for not being good, upstanding, married individuals. Critiquing Robinson for not marrying his partner should be, on the face of it, goofy, given that he cannot marry him under current civil and religious law; that folks continue to make that argument shows they don’t get the point. Lileks is not doing this directly, but to say that there’s no difference between a man acknowleding he’s gay and turning to the intrinsic subject of his affections, and a man deciding that, no, he’d rather be hitched to a different woman than the one he chose, is to make a similar argument.

Marriage is about more than sex. But were I suddenly to find myself single, I cannot imagine having a relationship — even excluding sex — with a gay man as close as what I could have with a straight woman.

I was lucky enough to grow up in a society that accepted who I fell in love with and chose to partner with, and that accepted that partnership as something good and worth nurturing with the force of law and culture. I’m willing to cut someone who did not have that advantage a certain measure of slack when confronted with that situation.

But …

Kids are a different matter, and that’s where I’m closest to Lileks’ position. Short of a situation where there’s violence in the home, I’m reluctant to give a pass to anyone leaves their kids, even with all the agreement and acceptance and visitation in the world. A case-by-case basis, perhaps. But “living a lie” isn’t an automatic gimme. There is an intrinsic commitment to children beyond what one has to one’s spouse, and sucking it up and soldiering on seems to be a more morally defensible position than not — no matter what the gender of the snuggy-boo you’re running off to hang out with.

There may be other factors involved. But that’s my first stand on the position.

That all being said … I’m still willing to give that decision up to the electors in New Hampshire, who, presumably, weighed it in their decision, as I don’t know that I consider it something that would disqualify Rev. Robinson outright, or should have properly denied his confirmation. But it is, to my mind, a better ground to criticize the qualifications of Robinson than those which were used.

You knew this job was dangerous when you took it

I take harassment issues pretty seriously, having had extensive training in such things as a manager. Still, it’s a bit difficult to feel much sympathy for someone who was “executive…

I take harassment issues pretty seriously, having had extensive training in such things as a manager.

Still, it’s a bit difficult to feel much sympathy for someone who was “executive assistant to two top officers” of Larry Flynt Publications (you know, the company run by Larry Flynt, world-famous pornographer and gubernatorial candidate), and yet who found herself shocked, shocked I tell you, to discover sex toys in the office.

Raymond, who was fired from her job a year ago, claims that Flynt fostered a hostile work environment. She said in the lawsuit she had found sex toys in the company dishwasher that were “used on the prostitutes who visited his office.” Raymond was dismissed shortly after complaining to her supervisors.

Good heavens — in the offices of the company that publishes Hustler and equally savory publications, there was (gasp) sexual activity going on? And the management had the nerve to not pay attention to her complaints about it?

What next — suits over exposure to second-hand smoke in the offices of R.J. Reynolds?

(via Blather)

Tradition

Keeping the holy in holy matrimony — that’s the important thing, right?…

Keeping the holy in holy matrimony — that’s the important thing, right?

Headlight trouble

I’m not a blushing prude, and neither, I sense, is our dear Marn. But, slippery slopes notwithstanding, that doesn’t mean that anything goes. I think there’s a time and place…

I’m not a blushing prude, and neither, I sense, is our dear Marn. But, slippery slopes notwithstanding, that doesn’t mean that anything goes.

I think there’s a time and place for erotica and porn. What any of us does in the privacy of our own homes is between us and our browser caches. But oh man, when I don’t know you and I’m sitting in your place of business at 10 a.m. on a Thursday morning, the last thing I want to learn about you is that lesbian threesomes turn your crank.

Read all about the art of improper interior decoration in a place of business. It is, as Marn usually is, tremendous fun.

Names Mean Things

Dean Esmay notes folks critiquing his spelling of the Muslim holy book as Koran, when the current preferred spelling is Qur’an (or just plain Quran, if you want to be…

Dean Esmay notes folks critiquing his spelling of the Muslim holy book as Koran, when the current preferred spelling is Qur’an (or just plain Quran, if you want to be slightly simpler but less preferred).

That then provoked Dean to point to an interesting article by John Derbyshire on what the author calls “The Onomastic Cringe,” the push in the West to use (approximations of, sometimes vague ones) the “local” names for geography — countries, cities, etc. — and enthnonymy (what people call themselves). (The article gets a bit screwball in places, but it’s an interesting read nonetheless.)

So, for example, one doesn’t call them Gypsies any more, but Roma. It’s not Peking, it’s Beijing. Mt. McKinley becomes Denali. Burma is now Myanmar. And the Koran is the Qu’ran.

I wonder how much of this is a combination of post-colonial guilt and Third World muscle-flexing. Certainly there seems to be no widespread move among English-speakers to refer to Deutschland instead of Germany — nor are the Germans bugging us (or the French with their Allemagne) about it, either.

Maybe the Europeans are innured to it. After all, most cities in Europe have undergone a myriad of spelling changes (Danzig, Gdansk), depending on who owned them that decade, let alone wholesale name changes (St Petersburg, Petrograd, Leningrad, and back to the beginning again).

That might explain why nobody in England cares that the Chinese show Oxford as Niujin on their maps.

One might wonder whether this trend will lead to the end of people criticizing citizens of the US from calling themselves Americans (to the chagrin, rumor has it, of folks in Canada and Mexico and elsewhere on the North and South American continents). After all, if that’s what we call ourselves, that trumps other claims, right?

Well, probably not.

I’m of mixed minds on this (as with so much else). On the one hand, yeah, I feel the need to respect the language and self-identification of others.

On the other hand, chaos pretty quickly can ensue from this, especially when ownership of a name or locale or people comes into dispute, particularly over historical periods. Is it Yerushalayim or Al-Quds — or do we respect several centuries of our own language and just call it Jerusalem, torquing everyone off?

Or, to quote an earlier post of mine on the subject, whose claims do we respect for Mt. Everest’s “real” name? The Tibetan name Qomolangma. as proposed by Tibetan scholars working in Beijing? Or maybe Chomolungma, as other Tibetans call it? Or Sagarmatha. as it is named by the Nepalese?

Maybe we should just give it a lat-long coordinate and leave it at that. Or return to its pre-surveying days of “Peak 15.”

How do you spell Moammar Gaddafi’s name, anyway? Has anyone asked him? Does that matter?

Anyway, I’m not sure it’s a debate that lends itself to a straightforward answer, being tied to history, politics, religion, and emotion — not to mention orthographies and alphabets that don’t match our own. I’ve referred to the Muslim holy book hereabouts as the Qur’an for quite some time.

But, then, I think it’s cool being pedantic, so don’t pay me any attention.

(with a nod toward Adam for the title)

Jock Crow

I won’t go into all the details here, just go read Brian’s post about New York’s new “gay high school.” A well-meaning but very misguided (in my opinion) attempt to…

I won’t go into all the details here, just go read Brian’s post about New York’s new “gay high school.”

A well-meaning but very misguided (in my opinion) attempt to deal with the very real harrassment of gay teens, for reasons which Brian elucidates and which are added to in the comments. Though my summary is, Dealing with intolerant thugs by secluding their victims in a separate school seems to be a generally bad idea to me.

So much for content of character

A group of parents in Oberlin, Ohio are fighting the assignment of a teacher based on race. That’s what it really comes down to, as various black parents are arguing…

A group of parents in Oberlin, Ohio are fighting the assignment of a teacher based on race.

That’s what it really comes down to, as various black parents are arguing against the scheduling of a white teacher to teach a black history class.

Because of a scheduling conflict, the black teacher who has taught the course for the past several years may not be able to this year.

Phyllis Yarber Hogan, a member of the Oberlin Black Alliance for Progress, said a white teacher wouldn’t be well-suited to teaching students about subjects like slavery. “When you talk about slavery, students need to understand it is not our fault,” she said. “Our ancestors did nothing wrong to be enslaved.
“How do you work through that when the person teaching it is the same type of person who did the enslaving?”

Right. White people can’t teach black history (or about slavery) because slavery was done by white people, not black people.

Never mind that there was a flourishing slave trade in sub-Saharan Africa, managed and participated in by blacks, who found white slavers to be just another market, along with Arabs and other blacks.

And never mind that the argument seems to say that African-Americans have more in common with their black slave ancestors, and white Americans have more in common with white slavers of the past, than they have in common with each other. Is that the lesson we really want to teach?

May we conclude that only women should teach women’s history, only poets should teach poetry, and only robots should teach computer science? Would my Italian background make be better suited to teach the history of Rome?

Or, more pointedly, would my white skin make me more appropriate able to teach US history as a whole — what with all its white Presidents and white generals and white historical figures, let alone all those white Founding Fathers (hmmm, better be male, too) — than a black teacher?

Michael Williams, interim director of Cleveland State University’s black studies program, said schools should choose a black teacher if that person is most qualified, not just because the teacher happens to be black.
If two teachers are equally qualified, Williams gives the edge to the black teacher. “That person still has the advantage of the culture,” said Williams, who is black. “They understand the nuances of the culture.”

I guess the answer would be “Yes,” then. Obviously I “understand the nuances of the [white] culture” better than a black teacher could — and the “nuances of the [male] culture” better than a woman. I clearly understand the “nuances of the [US] culture” better than any foreign-born teacher could. Being of British descent, too, I would obviously be better qualified to understand the “nuances of [British] culture” in teaching English Lit than, say, an African American, a Japanese American, or a Hispanic American.

Is that really the path we want to be going down?

(via David Bernstein)

Legal circus

Meanwhile, over across the pond, the EU is looking at imposing safety gear on circus workers, based on stepladder height regulations. Yes, that means trapeze artists with hard hats. Obviously…

Meanwhile, over across the pond, the EU is looking at imposing safety gear on circus workers, based on stepladder height regulations. Yes, that means trapeze artists with hard hats.

Obviously the EU needs to catch up with the US. Instead of passing a regulation, they should just have legal groups send threatening letters to circus owners, requiring them to post warning signs to their employees about exactly how dangerous high wire work is …

(More commentary on this here.)

I scream

And next on the hit parade: ice cream. Trial lawyers and a consumer health group are teaming up to go after America’s ice cream, sending out legal notices to six…

And next on the hit parade: ice cream.

Trial lawyers and a consumer health group are teaming up to go after America’s ice cream, sending out legal notices to six major chains this week as the group released a study criticizing ice cream’s nutritional value.
They sent letters to Baskin-Robbins Inc., Ben & Jerry’s Homemade Holdings Inc., Cold Stone Creamery, the Haagen-Dazs Shoppes Inc., TCBY and Friendly Ice Cream Corp., telling the chains to add healthier alternatives and put nutritional facts on their store menu boards or face potential litigation.
“Your failure to disclose such obviously material information as unusually large calorie and saturated-fat loads may violate state consumer-protection laws and/or your common-law duty to disclose material facts, and may invite lawsuits from concerned consumers, legal-action organizations, or even state officials,” read one letter addressed to Haagen-Dazs President David Keil.

News flash: Ice cream, particularly premium ice cream, is full of milk fat. It tastes really good — in fact, the more fat it has, the better it tastes, in general — but it’s not healthy for you. If you think it is healthy for you, you are wrong. If you are interested in finding out how unhealthy for you it is, look it up.

There, now that we have that out of the way, can I discuss a law suit against litigious lawyers groups and busy-body health advocates? Seems that they push my blood pressure up to dangerous levels

Ranting and RAVEing

There’s a scene in True Lies where Helen, who’s just discovered Harry is a spy, is asking him under truth serum about his career. HELEN: Have you ever killed anyone?…

There’s a scene in True Lies where Helen, who’s just discovered Harry is a spy, is asking him under truth serum about his career.

HELEN: Have you ever killed anyone?
HARRY: Yeah, but they were all bad.

That line always gets a laugh because, well, as long as you’re just killing bad people, it’s okay, right?

Back a few years, Sen. Joe Biden was attempting to get tough on drug crime, so he crafted the RAVE (Reducing Americans’ Vulnerability to Ecstasy) Act to try to reduce the use of Escstasy and other drugs at raves and similar venues. Basically it did that by making event organizers and venue owners responsible for illicit drug use at their events, if they “knowingly and intentionally” made a venue available for “for the purpose of manufacturing, distributing, or using any controlled substance” — responsible as in $250k or more in civil penalties, up to $500k criminal fine, and up to 20 years in the slammer. The most obvious target, raves, were considered per se by Biden and the DEA as havens for drug abuse, and so it was anticipated (and even crowed by RAVE Act supporters) that this would basically ban raves, since obviously if anyone was caught taking Ecstasy or other drugs there, it was with the tacit consent (knowledge and intent) of the event organizer.

Critics argued that, whoa, all those presumptive knowledge/intent clauses could let the DEA or other law enforcement exercise unreasonable powers, threatening all sorts of dire consequences to people they disliked, no matter what precautions were taken by those people to avoid drugs getting into an event. Just holding the event could be considered intent and knowledge. The criticism was enough that the RAVE Act was never brought up for a vote. But Biden managed to get the legislation slipped in, sans hearing, in conference committee for the AMBER Alert Bill earlier this year.

So why, one wonders, is Biden now so concerned about how his own legislation is being enforced? During confirmation hearings for the new DEA director, Karen Tandy, Biden brought up a case where the manager of an Eagles Lodge in Billings, MT, was intimidated by the local DEA when the facility was going to be leased for a fund-raising concert sponsored by the National Organization for the Reform of Marijuana Laws (NORML) and Students for a Sensible Drug Policy. The agent basically said that if anyone on the site lit up a joint, the Lodge would be responsible for having had “knowledge and intent.”

The threat of these penalties “freaked me out,” the Eagles Lodge manager told the Drug Reform Coordination Network. She said the DEA agent “didn’t tell us we couldn’t have the event, but he showed me the law and told us what could happen if we did. I talked to our trustees, they talked to our lawyers, and our lawyers said not to risk it, so we canceled.”
Biden pronounced himself “troubled” by this application of his law. He pressed Tandy to explain how she planned to “reassure people who may be skeptical of my legislation that it will not be enforced in a manner that has a chilling effect on free speech.”

I.e., in forcing the cancellation of a political fund-raising event, and in threatening (tacitly, if not explicitly) other such fund-raising events where there is the possiblity that drug use might occur.

*Snort*

That’s the problem with badly written, broadly sweeping laws. You can’t pass them, assuming they will just be applied to “bad” people, or the targets you have in mind. If laws can be abused by law enforcement, they will be, sooner or later, occasionally or systematically. That’s not always a sufficient reason to not pass needed legislation, but it’s certainly a reason to give one pause — and for Biden to now come back and suggest that the fault is not with the legislation he put together and slipped past normal hearings, but instead with the DEA’s enforcement of said law, is disingenuous at best.

The DEA, trying to put a good face on things, has announced new internal procedures to try to prevent enforcement of the law in such a way that would possibly harm businesses where “incidental” drug use occurs. But not only is that just a procedure, not law (which means it can be changed, or even ignored, at any time), but it adds another layer of uncertainty to “knowingly and intentionally” — what will be considered “incidental”? It doesn’t even matter if the DEA is actually going to go after someone — the issue of a chilling effect is whether someone is concerned that they might be gone after if they pursue a particular course, and so decide not to tempt fate.

The question is not whether drugs should be legalized or decriminalized or not. The question is whether this particular law, which lets the DEA infer knowledge and intent from acts that are, themselves, not explicitly criminal, is a crappy one — even if they only promise to enforce it against “bad” people. That they have to promise procedures to keep the law from being enforced against “good” people — to be judged by them — is answer enough to that question.

(via InstaPundit)

A fat monkey on my back

It’s not my fault I’m overweight. I can’t help it. I’m a poor, helpless addict, don’t you know? And I have the science to prove it! Fast and processed foods…

It’s not my fault I’m overweight. I can’t help it. I’m a poor, helpless addict, don’t you know? And I have the science to prove it!

Fast and processed foods can be as addictive as nicotine and hard drugs, new research has revealed.
Scientists in America discovered that foods high in fat and sugar can cause significant changes in brain biochemistry similar to those from drugs such as heroin. The research showed that people who become inveterate snackers on fatty foods can find it almost impossible to switch back to a healthy diet, leading to serious health problems.
The implications of the research could send tremors through international fast-food outlets such as McDonald’s and KFC, which are already facing multi-million dollar lawsuits, with customers arguing that they have became addicted to fast food that subsequently damaged their health. Until now the companies have stressed the “personal responsibility” of customers.

To hell with that namby-pamby “personal responsibility” thing! I want my millions of dollars! Or, failing that, lots of gift certificates to McDonalds and KFC!

History lesson

See the man. See the man irritated by something. (That it was relatively trivial is not meaningful, but makes the whole story even more mind-boggling.) See the man decide to…

See the man.

See the man irritated by something. (That it was relatively trivial is not meaningful, but makes the whole story even more mind-boggling.)

See the man decide to protest said thing on his lunch hour.

See the man go eat his lunch, as usual, on a bench in the Independence National Historical Park, just outside Independence Hall in Philadelphia.

See his protest, comprised of one large piece of corrugated cardboard with a three-word inoffensive message scrawled on it, propped against the bench as he eats, on the day after Independence Day. See the man not shout, not march, not talk or interfere with anyone in the park.

See the park rangers not only tell him he can’t do that, not only that the park is a “First-Amendment-Free Zone,” but that if he doesn’t keep the cardboard sign turned around, they’ll arrest him.

Yeesh.

And never mind that the park, as a whole, is under a decades-old federal judge’s injunction against suppressing free assembly and protest.

The rangers, we are told, were “new to the park,” and didn’t understand its history — in particular, the 1988 injunction, but, clearly, the whole history the site commemorates.

Again, yeesh.

(via Ipse Dixit)

Going to pot

Y’know, with the War in Iraq, the War on Terror, and, heck, even the front lines of the War on Drugs, you’d still think Bush and Ashcroft and the DoJ…

Y’know, with the War in Iraq, the War on Terror, and, heck, even the front lines of the War on Drugs, you’d still think Bush and Ashcroft and the DoJ would have something better to do than pursue this case to the US Supreme Court.

They lost a Federal Appeals Court decision that said doctors could not have their federal prescription privileges (which lets them prescribe controlled substances) yanked if they recommended medical marijuana to their patients. Such a recommendation is necessary under California’s MM law.

In the 3-0 appellate decision, Chief Judge Mary Schroeder said federal authorities can prosecute doctors for helping patients acquire illegal drugs, but not for simply giving medical advice that might let a patient obtain marijuana. She said the federal policy clashed not only with free speech but also with the states’ traditional authority over the practice of medicine.
[…] The Justice Department’s Supreme Court appeal argues that a physician’s “recommendation” under California law is the equivalent of a prescription for illegal drugs, an action the government can forbid without violating free speech.
Department lawyers said the federal policy would not penalize a doctor for merely discussing marijuana with a patient — as long as the doctor makes it clear that the drug is illegal under federal law, that federal authorities consider it dangerous and medically useless, and that the doctor is not recommending it.

I have no problems with the first two clauses listed here, but preventing a doctor from recommending something, even if that allows a patient to get a prescription, really does smack of violating free speech.

Glad to see the Attorney General is so zealous at protecting our freedoms …

(via Samizdata)

Western Civ

It’s a (small) comfort that, no matter how threateningly goofball some of the homeland security sorts of proposals may seem these days, we can always count on the EUrocrats to…

It’s a (small) comfort that, no matter how threateningly goofball some of the homeland security sorts of proposals may seem these days, we can always count on the EUrocrats to come up with something even more chilling.

A leaked draft initiative from the office of by the European Commission’s Social Affairs Commissioner Anna Diamantopoulou suggests that all those annoyingly demeaning sexual stereotypes of men and women in European advertising and media could be easily defined, and thus permitted or banned, by EU law and courts.

That’s right — if someone decided that the ever-popular (in Europe) Baywatch was demeaning to women, there would be an EU legal and judicial mechanism to ban it from the airwaves.

Through a source, I obtained Diamantopoulou’s detailed and secret, single-spaced, 26-page draft. The document is well thought out, indicating a sizable amount of work had progressed within the European Commission to advance to this late stage. It was not the work of an aberrant or idle commissioner. Apparently, no member of the European media knew of its existence as it passed through the EC labyrinth of bureaucratic offices, reviewers and officials.
Article 4 of Diamantopolu’s proposal is simple but sweeping. It attempts to censor all mass media and advertising in the Continent. The Greek socialist commissioner said her office is seeking to “avoid throughout all forms of mass media notably all stereotypical portrayals of women and men as well as any projection of unacceptable images of men and women affecting human dignity and decency in advertisements.”

None of those terms of “stereotype” and “nacceptable” are actually defined — that would be done later by further regulation and the courts.

Swell. Benny Hill must be spinning (in sped-up fashiong) in his grave.

Oscillations

After mismanaging sexual assault and rape cases at the US Air Force Academy for years, then mismanaging the reaction to a sudden flurry of media coverage of same, the Air…

After mismanaging sexual assault and rape cases at the US Air Force Academy for years, then mismanaging the reaction to a sudden flurry of media coverage of same, the Air Force is bending over backwards to try and show that it’s taking the matter seriously — new cadet rules, new leadership at the AFA, and so forth.

But the first actual legal action taken in the matter — the case being prosecuted against cadet Douglas Meester — gives every indication of being much more to demonstrate a general air of toughness than an attempt to see true justice done. Despite the advice of the hearing officer that the evidence did not make it likely a guilty verdict would be returned on the worst charges, recommending those charges be dropped and the other charges handled non-judicially, the current AFA interim commander has taken the unusual step of overriding the hearing officer and pushing the case forward anyway.

Rarely, when the pendulum swings in one direction, does it fail to swing too far back in the other — especially when there’s politics involved. I’d hate to think a culture of cover-up could only be swapped out for a culture of show trials.

Splitting (pubic) hairs

Despite the Lawrence v. Texas ruling, some jurisdictions are still trying to draw a law enforcement distinction between gay and straight sex. The following comes from a memo from HQ…

Despite the Lawrence v. Texas ruling, some jurisdictions are still trying to draw a law enforcement distinction between gay and straight sex.

The following comes from a memo from HQ to police in Charlotte, NC, a jurisdiction that has been more actively prosecuting sodomy cases under the state’s Crime Against Nature law (“If any person shall commit a crime against nature, with mankind or beast, he shall be punished as a Class I felon.”):

However, [Lawrence] did not directly address the solicitation of a crime against nature (SOLCAN). For the time being and until a court tells us otherwise, we are of the following opinion: 1.) a SOLCAN charge wherein a subject offers to commit a crime against nature for money in either a private or public place is a valid charge; 2.) a SOLCAN charge wherein the subject offers to commit a crime against nature for no money in public or at an unspecified location is a valid charge; and 3.) a SOLCAN charge wherein the subject offers to commit a crime against nature for no money or consideration at a private place is no longer a valid charge.
We have spoken with the D.A.’s office who has agreed to continue to accept these charges ….

(Emphasis mine.)

Reading between the lines here is interesting. #1 seems straightforward — solicitation of sex for money is a felony — but is solicitation of straight sex is also considered a Class I felony?

#3 reflects the Lawrence case. If a “crime against nature” (under that statute) occurs inside a private residence, it’s not a crime against the law; thus, solicitation of such cannot be considered a felony.

It’s #2 that I find most interesting. Public sex of any kind is presumably illegal in Charlotte. I have to wonder if solicatation of public straight sex is also treated as a Class I felony.

More important, I have to wonder if “straight” solicitation laws include the “at an unspecified location” clause.

In other words, if I lean over to someone I consider cute — let’s say, my wife — and say, “Hey, let’s go have sex,” without specifying where, I seriously doubt that a Charlotte police officer would do anything about it. If I said the same thing to my gay lover, though — would I, since I didn’t specify “… at our private residence,” be charged under #2 for SOLCAN?

(The same applies, of course, and perhaps more commonly, for where someone picks up someone cute at the bar who turns out to be an undercover cop. I suspect a straight propositioner will not be prosecuted for solicitation unless they offer money, or perhaps even explicitly suggest ducking outside into the alleyway; a gay propositioner would seem to be in felonious trouble if s/he did not explicitly specify “Let’s go back to my place” along with the proposition.)

Granted the memo does note that if a judge has a different interpretation, they might have to decide to prosecute these charges differently. But I find it greatly irksome that various folks are trying to maintain “business as usual” in prosecuting gay sex differently from prosecuting straight sex, Lawrence notwithstanding.

Jerks.

Shallow end of the (gene) pool

Okay, if you want to build shallower public swimming pools — or even rennovate old ones to not have a shallow end — so that kids and families can wade…

Okay, if you want to build shallower public swimming pools — or even rennovate old ones to not have a shallow end — so that kids and families can wade all over the place, and other positive reasons in response to public demand for more fun stuff, that’s great.

But don’t do it to save us from ourselves, for God’s sake. Because it won’t.

(via Andrea)

And while we’re on the subject …

Ghost of a Flea has a fine post on the long-overdue memorial being put up in Berlin to commemorate the gay victims of the Nazi Holocaust. Without taking anything away…

Ghost of a Flea has a fine post on the long-overdue memorial being put up in Berlin to commemorate the gay victims of the Nazi Holocaust.

Without taking anything away from the horror of the “Final Solution” that the Nazis unleashed against the Jews, it’s worth remembering that many other “undesirable” groups were subject to arrest, torture, imprisonment in concentration camps, “medical” experimentation, and execution in Germany during that era. Homosexuals, gypsies, political dissidents, Jehovah’s Witnesses, Communists and Trade Unionists … all were imprisoned and died by the thousands.

Some 100,000 men (only male homosexuality was a crime) were arrested under a harshened 1935 anti-sodomy statute. 5-15,000 of those convicted ended up in the concentration camps, where they were often treated harshly both by guards and inmates alike.

In a particuarly cruel irony, the homosexuals freed from the concentration camps by Allied forces … were then transferred to German prisons to serve out the remainder of their terms. Nor were they ever provided any reparations from the German state. The Nazi-era anti-sodomy law remained on the books in West Germany until 1969.

Let us never forget ….

UPDATE: And for those who might be forgetting(via ITL?)