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Courthouse News Service Courthouse News Service
Op-Ed

Bad Examples

July 12, 2021

A court in Mississippi and the Los Angeles Dodgers have made some questionable choices. They could have set good examples.

Milt Policzer

By Milt Policzer

Courthouse News columnist; racehorse owner and breeder; one of those guys who always got picked last.

Heroes are hard to find and, when you do find them, they don’t always make sense. The people they’re fighting don’t always make sense either.

I present to you the facts described in a recent Fifth Circuit U.S. Court of Appeals ruling on a handicapped plaintiff’s standing to continue litigation.

A wheelchair-bound man named Scott Crawford was called for jury duty twice but was unable to serve because the Hinds County, Mississippi, courthouse wasn’t accessible to him.

Some people might be happy about having an excuse not to serve on a jury. Crawford instead sued.

Some public institutions — like a court — might feel obligated to comply with the American Disabilities Act. The Hinds County court instead tried to get Crawford’s suit dismissed.

Both sides kept litigating up to the circuit court level, and it’s not over yet.

Now imagine needing to file an ADA suit in Hinds County. You could challenge every judge.

Sigh.

Someone might want to talk to some Hinds County judges about setting an example.

Striking out. I hate to criticize the Los Angeles Dodgers — they’re a class act and they win a lot. Usually (or at least the last half dozen years) they know what they’re doing. But they definitely struck out or hit an easy fly ball or bobbled a grounder or some such thing last week with a decision to cancel a Trevor Bauer bobblehead promotion.

Bauer, as you probably know, is a pitcher who’s been accused of sexual assault. He’s been suspended by the team pending an investigation and now the team won’t sell his merchandise.

The suspension is sensible, but the bobbleheads? Now there’s a missed opportunity.

First off, those bobbleheads are now instant, rare collectibles. I’m not saying that’s a good thing but you know someone is going to squirrel those things away.

I realize I’m playing fantasy general manager here like everyone else but what the Dodgers should have done is label the bobbleheads with information about Bauer’s case and donate proceeds from the game and other Bauer merch to an anti-violence-against-women group.

Or make a donation to the group and light a bobblehead/merch bonfire on the field after a game. It could be a lovely fundraiser/special event at the ballpark.

Instant good will! The team would make new fans — even fans who don’t like baseball but do like social justice or fire.

When life throws you a curveball, you don’t have to swing. You can take a walk with the bases loaded and score the winning run. Baseball cliches are endless.

By the way, I should note here, that the allegations against Bauer are only allegations. He may be perfectly innocent. If so, he should ask for a review of the play.

Anything in life can be a baseball analogy.

Quote of the week. From a Louisiana federal judge’s ruling: “The court doubts that anyone who has ever stood on one leg could be unaware that it is easier to lose one’s balance on one foot than on two.”

Imagine the amount of restraint this judge had to use to resist saying the plaintiff didn’t have a leg to stand on.

Admirable.

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