Re: Breaking Legal News....

[Tim May <tcmay@got.net>]

At 12:37 PM -0700 8/22/97, Alan wrote:

>The children being "tramatized" is only a small part of this case.  If you
>look at _WHY_ the kids were there in the first place, the lawsuit makes a
>whole lot more sense.  (The family was being held against their will by
>overreacting security guards after the family had been robbed in the
>parking lot.)  But when you are an ex-mouseketeer, you can screw over the
....

>I suggest reading what the real incident involves
><http://www.cnn.com/SHOWBIZ/9708/19/mouseketeer.ap/index.html> instead of
>relying on second hand reports.
>

I'm quite familiar with the case. My post was brief, meant as a pointer.
Your stooping to insults, by implying I am unfamiliar with the case and
have gotten my news from "second hand reports" is a cheap shot. As a matter
of fact, I saw more of the actual trial coverage on _video_ than I cared to
(CNN, CNBC, MSNBC)...still think my knowledge is based on "second hand
reports"?

Face it, the family filed the suit, and threw in the nonsense about the
children being traumatized by seeing the cartoon characters exposed as
human beings, because of the high publicity value, and because they figured
Disney would settle out of court. (In fact, there are now reports that an
almost identical suit was filed some years ago by a mother claiming her
child was traumatized by a similar sighting...Disney settled that one on
undisclosed terms. The lawyer in this case no doubt learned of this
previous case, and threw this claim in as well.)

I completely disagree with the main basis of the lawsuit, and I hope the
hysterical Granma and her nitwit daughter are countersued and lose their
little bungalow in the burbs.

The Disneyland parking lot is huge, essentially a city unto itself. This is
the first reported armed robbery in 42 years. Considering what happens
around it, a remarkable statistic.

The notion that a corporation is responsible for the actions of others is
absurd. Check your tort law. Disney was responsible for moderate steps, and
is no guarantor of absolute safety. In fact, the family has admitted that
the Disney security staff was quick to respond. Her apparent complaint
seems to be that they weren't present at the time the alleged robbery
allegedly occurred.

The claim that the party was held against their will depends on a loose
interpretation of the terms. Did the guards physically restrain her when
she tried to leave? No. Or at least there have been no such claims
presented to date. What she has said in her press conferences is that she
was "forced to wait" for papers to be filled out, etc. Hardly the same as
being locked in a jail cell, or handcuffed, or held down by guards, or even
threatened with shooting if she tried to leave.

And think of the implications if Disney loses. Television cameras will be
placed widely in public areas, citizen-units will likely face frisking at
entry points, movements will be restricted, and privacy will vanish. A
rather high price to pay because of one armed robbery in 42 years. Or even
one per month.

And if Disney loses, expect a flood of such lawsuits against
municipalities. Then these municipalities will erect their own surveillance
cameras, restrict movements, establish curfews, etc.

The American legal system has spun out of control. I don't argue that she
should not have the right to sue...everybody does. But a judge can quickly
dismiss a case on a matter of law. And in a "loser pays" situation, which
many thoughtful people advocate, frivolous or unfounded lawsuits would
carry a penalty. (And if the lawsuit filer has no assets, put them in a
work party until their debt is paid.)

There ain't no such thing as a free lunch.

--Tim May


There's something wrong when I'm a felon under an increasing number of laws.
Only one response to the key grabbers is warranted: "Death to Tyrants!"
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