Categories
crime and punishment Eighth Amendment rights general freedom

The Case of the Narrow Driveway

Sandy Martinez: mother of three, working hard to get by, whole life ahead of her — why would she sabotage it by failing to perfectly park her car in her narrow driveway such that two of the wheels edged onto the grass?

Think I’m making it up? 

No. It’s true. Some people get distracted and treat their grass as if it were gravel and let their car edge onto it.

Why’dja do it Sandy, huh? Why?

On the hand, it’s her property, so who cares? 

What difference does it make? 

Well, mucho … if you’re Lantana, Florida, which fined Sandy $101,750 for imperfect parking, $47,000 because of storm-​inflicted fence damage, $16,000 for cracks in her driveway.

The good news is that Institute for Justice is litigating on behalf of Sandy Martinez and other homeowners being hit with plainly unjust fines for trivial code violations.

IJ argues that the state and local governments at fault are violating the Eighth Amendment’s prohibition against excessive fines. And the Institute and its clients are winning. The U.S. Supreme Court has just ruled, in Timbs v. Indiana, that this Eight Amendment ban applies to cities and states as well as to the federal government. 

Many locales, perhaps including Lantana, Florida, may still try to get away with the grift despite this definitive ruling. But sooner or later, some judge will throw out the blatantly excessive fines and point to the recent Supreme Court decision.

Help is on the way, Sandy.

This is Common Sense. I’m Paul Jacob.


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Categories
education and schooling folly nannyism

Well-​Substantiated Insanity

In what sort of place are children taken from their parents, or parents investigated by the authorities with that in mind, because they allowed their 10- and 6‑year-​olds to walk to a park to play?

Not a forced 20-​mile march across Death Valley, mind you, but a Saturday stroll of less than a mile under normal earth conditions.

What sort of place? These United States Silver Spring, Maryland, to be specific.

Thats where Danielle and Alexander Meitivs two kids, Rafi and Dvora, were picked up by police, on their way home from a neighborhood park.

A two-​month Montgomery County Child Protective Services (MCCPS) investigation followed. Now, theres no law against youngsters walking in public by themselves. Local public schools dont provide bus service for kids within a mile of the school, deeming that close enough to walk. Nevertheless, this week, authorities announced that the Meitivs were found responsiblefor unsubstantiated child neglect.

The good news is that the neglect charge is completely unsubstantiated.The bad news is that official Free State busybodies seem to have not one clue as to what that word means.

MCCPS will keep a file on the suspicious family for five years. We dont know if we will get caught in this Kafkaesque loop again,says Mrs. Meitiv, noting that the agency left unanswered the question of what might happen if they ever again dare allow their kids to walk outside the house without adult supervision.

The family is appealing the nonsensical MCCPS finding.In the meantime, the Meitiv children will continue to walk in public as if its a free country.

This is Common Sense. Im Paul Jacob.


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