Florida Supreme Court takes more parental rights

 Story from the Tally Democrat.  Erudite  (yes we know ego is a terrible thing, but hell if ya ain't got nothing else......) comments by us.



Parents can't sign away their minor child's right to sue businesses, the Florida Supreme Court ruled Thursday, a decision that threatens the ability of kids to participate in risky pursuits like motocross or scuba diving, according to one lawyer.

Had I only known at the tender age of .......... I could sue.  There was this girl............ ah now that is  another story

Before 14-year-old Christopher Jones was killed in 2003 at the now-defunct Thunder Cross Motor Park in Okeechobee, his father signed a waiver barring a lawsuit in the event of injury.

Jones's mother sued, saying the course let her son ride a motorcycle that was too big and powerful for children younger than 16. The lawsuit was thrown out by a lower court, saying the waiver blocked it.

The Supreme Court, however, in a 4-1 decision, ruled otherwise in a decision it limited to commercial operations. A concurring opinion said school and non-profit activities — like football or cheerleading — were not part of the court's ruling.

And here we can not help but wonder at the logic of our esteemed justices. Like is a death from a for profit activity more dead than a not for profit activity?  Does this mean that as a parent you can be stupid and and decide to allow a high school football or cheerleading coach to stupidly kill your kid?People who run Not for Profit activities are deemed more capable of knowing whats best for your kids than YOU? Is your baby sitter for profit or not for profit?

"We find that public policy concerns cannot allow parents to execute pre-injury releases on behalf of minor children," wrote Chief Justice Peggy Quince, for the majority. "It cannot be presumed that a parent who has decided to voluntarily risk a minor child's physical well-being is acting in the child's best interest."

Unless of course they have  "decided to voluntarily risk a minor child's physical well-being" of that child in a "Not for Profit" manner?????

That's bad news not just for business, but also for kids, said Richard Lee Barrett, an Orlando attorney who represented the former park manager where Jones died and a half dozen motocross parks across the state.

"It's going to have a devastating effect not only on their businesses, but children's ability to participate in motocross," Barrett said.

Businesses will respond by excluding children from risky activities that previously required waivers. Barrett mentioned scuba diving and horseback riding as examples.

"It's just going to shut these kids out," Barrett said.

Justice Charles Wells, in his dissent, said the majority's ruling was more properly a matter for the Legislature decide.

Whoa now wait a second Justice Charles Wells. Although we are glad for your dissent we are a bit concerned that you didn't say something like, "it is the parents province to make the decision!"

"I conclude that the questions presented by this case demonstrate a need for the Court to exercise judicial restraint, recognize that the Legislature is the policy-making branch of government, and defer to the Legislature by respecting the Legislature's non-action to date," Wells wrote.

Yes sir Mr. Wells, (note that we have abandoned the "justice" title since the Judge apparently does not understand the term "justice") the "legislature is" the policy making branch of the "government".  However the "legislature is not" the policy making branch of the "Family"!!!

Barrett said that's where the issue will likely show up next, as the full ramifications become evident to all businesses that require liability waivers for children.

"I imagine Disney World is already on the phone to its lobbyist," Barrett said.

Here's the gig. The world is full of stupid people. Many of them are parents. And many of them are probably to stupid to be parents.  But we allow them to vote, drive, buy guns, operate chainsaws, and all sorts of fun stuff.  Hell, smart, successful  people make stupider decisions re their kids than stupid people.  They try and be friends with their kids, they buy them cell phones and let them text and drive, they give them money without having to work for it, etc.

 Hell smart people are the ones that turn out to vote for the people that got this country in the mess that it is currently in.  It just may be that Smart people are Stupider that Stupid people!!!

So whats the answer if you want to live in a free society? Because the last thing we need is a legislative approach to family form and function.  Them folk  live in Disney World!Add to Technorati Favorites

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