Countless lists of strange or “dumb” laws litter the information landscape and some even make their way to into popular culture, the news and water-cooler conversations. For example, there are countless odd laws featured in the popular board game “Balderdash” highlighting the humor in the numerous legal codes in the U.S., its states, counties and cities, and beyond. There are also many online lists ranking the ridiculousness of the laws and litigation we are sometimes subjected too.
Andrew Jay McClurg, a professor at the University of Memphis Cecil C. Humphreys School of Law, has expertise in a number of areas, including tort law, legal education, product liability, privacy, firearms and fraud. He offers an explanation on his website lawhaha.com as to why the realm of law can sometimes provide levity.
“Of the millions of strange events that occur every day in the world, an amazingly high percentage of them have some connection to the law. Why? Because the law permeates every aspect of human existence,” he writes. “The law’s intertwining with daily life is limited only by the ability of human beings to act properly, rationally, and legally. In other words, there are no limits at all.”
Lawhaha.com has a number of examples of off-beat legal news items and “academically oriented legal humor in a variety of categories, including Strange Judicial Opinions, Funny Law School Stories, Weird Warning Labels and much more. It’s written for both legal professionals and non-legal folks,” the site states.
In one instance, McClurg points out an ironic case from Tennessee earlier this month where the state is the plaintiff. In the case the state asked not to be referred to as “the government,” as it is a reportedly derogatory term and has a negative connotation. Attorney Drew Justice, while defending his client Donald Powell in a burglary case, responded to the motion, citing it would violate the First Amendment.
In his response he fired back with his own suggestions if the court does see fit to prevent the plaintiff from being referred to as “the government.” The Justice asked to be referred to as “Defender of the Innocent,” or “Guardian of the Realm.” He also said he will accept the "Captain Justice” as his title.
“While less impressive than ‘General,’ still, the more humble term seems suitable. After all, the Captain represents only a [defendant to be called] Citizen Accused, whereas the General represents an entire State,” he wrote in his response.
Outside of lawhaha.com there are other examples of laws that might have some scratching their head. A cursory search of several legal codes turned up laws some might find obscure, irrelevant or perhaps dangerous.
In Chapter 14B-7, dealing with “Drive In, Take-Out and Self-Service Business Establishments” in the legal code of Paramount, California, the prohibited acts section reads that: “No person shall drive a motor vehicle onto any of such premises and then off of such premises without first parking thereon, unless there is no unoccupied parking space available on the premises, or unless such person makes or attempts to make a purchase thereon.”
In a similar vein, in Little Rock Arkansas, Article II offenses involving public peace and order, Sec. 18-54, which pertains to the sounding of horns at sandwich shops, states: “No person shall sound the horn on a vehicle at any place where cold drinks or sandwiches are served after 9:00 p.m.”
Lastly Oregon state law §811.360, pertaining to vehicles at a stop light, states a driver may make a right or left turn into a one-way street in the direction of traffic upon the one-way street.”
Dan Sabbatino is an award winning journalist whose accolades include a New York Press Association award for a series of articles he wrote dealing with a small upstate town’s battle over the implications of letting a “big-box” retailer locate within its borders. He has worked as a reporter and editor since 2007 primarily covering state and local politics for a number of Capital Region publications, including The Legislative Gazette.