{"id":9604,"date":"2008-07-12T12:43:51","date_gmt":"2008-07-12T17:43:51","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/ethicalesq\/2008\/07\/12\/the-whiff-of-a-lawsuit\/"},"modified":"2011-08-05T14:53:24","modified_gmt":"2011-08-05T18:53:24","slug":"the-whiff-of-a-lawsuit","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2008\/07\/12\/the-whiff-of-a-lawsuit\/","title":{"rendered":"the whiff of a lawsuit"},"content":{"rendered":"

<\/a> A<\/em><\/strong>t the Giacalone homestead, I always have to tip-toe around the topic of NIMBY<\/a>ism, as my lawyer brother specializes in protecting homeowners from noisome development in their neighborhoods. (See his piece “zoning challenges: overcoming obstacles<\/a>” (f\/k\/a<\/em>, June 15, 2007). So, I’m going to blame the New York Times<\/em> article “Build a Wiffle Ball Field and Lawyers Will Come<\/a>” (by Peter Applebome, July 10, 2008), and a dizzyingly refreshing July Saturday, for today’s misadventures.<\/p>\n

\n

Wiffle Ball —
\na windblown home run
\nover the neigbor’s Rambler<\/em><\/p>\n

— by Michael Ketchek<\/a> – Baseball Haiku<\/a><\/em> (edited, with translations, by Cor van den Heuvel and Nanae Tamura, W.W. Norton<\/font><\/a> Press, April 2007)<\/p><\/blockquote>\n<\/blockquote>\n

You see, a group of “remarkable” teens turned an overgrown lot in and owned by Greenwich, Connecticut, into a Wiffle Ball Stadium. As their local newspaper Greenwich Time<\/em> noted in an editorial (“We ought to give the kids a break<\/a>,” 07\/09\/2008 ):<\/p>\n

“About 10 to 15 teens spent three weeks clearing the lot of dense thickets and erecting plywood fences in the outfield, including a replica of Fenway’s Green Monster. They painted the fences green, put down bases and hung a large American flag from a tree in foul territory down the left field line.”<\/p><\/blockquote>\n

A great story, but<\/em>, this being the 3rd Millennium in America, the Greenwich Times<\/em> notes, “it’s not over until the police, newspapers and lawyers get involved. And we wonder why kids lock themselves in the basement and play video games.” Like Ray Kinsella in Kevin Costner’s movie “Field of Dreams<\/a>” (1989), they built the field out of love of the game and a sense of fun. However, as the NYT<\/em> piece explains:<\/p>\n

\n

“[A]las, they had no idea just who would come \u2014 youthful Wiffle ball players, yes, but also angry neighbors and their lawyer, the police, the town nuisance officer and tree warden and other officials in all shapes and sizes. It turns out that one kid\u2019s field of dreams is an adult\u2019s dangerous nuisance, liability nightmare, inappropriate usurpation of green space, unpermitted special use or drag on property values, and their Wiffle-ball Fenway has become the talk of Greenwich and a suburban Rorschach test about youthful summers past and present.”<\/p><\/blockquote>\n<\/blockquote>\n

My twin brother Arthur is right<\/a> that “Nearby residents are the ones most directly affected by new development, their property values lowered, privacy invaded, and quality of life diminished by noise and traffic. They have the most to lose, and, therefore, the greatest right to speak out.” He’s also correct to complain that “developers, public officials and members of the media” often engage “in a concerted effort to belittle and silence” disgruntled neighbors, and that:<\/p>\n

\n

“The residents are castigated as obstructionists, labeled NIMBYs (Not In My Back Yard), and even called \u201cUn-American\u201d. Developers are portrayed as saints, residents as villains.”<\/p><\/blockquote>\n<\/blockquote>\n

Of course, there is nothing “un-American” about bringing lawsuits against disruptive neighborhood change. As Walter Olson at Overlawyered<\/em>.com<\/a> surely will agree, there is nothing more American<\/em> these days than bringing such suits. Indeed, as Walter said, “This particular dispute, over noisy kids\u2019 recreation in an otherwise quiet neighborhood of famously expensive Greenwich, Connecticut, might have led to legal ramifications in almost any day and age.”<\/p>\n

<\/a> <\/strong><\/strong><\/em><\/span><\/span><\/font><\/font><\/font><\/font><\/font><\/font>[larger<\/a>] You may recall that the f\/k\/a<\/em> Gang didn’t have a lot of sympathy in this posting<\/a> (scroll down) for yuppies who are surprised that farms can make smelly and noisy neighbors. Likewise, although the neighbors were there first, after musing over the Greenwich Wiffle Ball rhubarb, I’m siding with the kids and not the unhappy grownups and their lawyers. The GT<\/em> editorial got it right (as did the many commentors<\/a> to the piece), “It would be a terrible shame if the end result of this dispute is the field being taken down. What the young people achieved there is remarkable.” Furthermore,<\/p>\n

\n

“Selectman Lin Lavery, who is acting as first selectman and police commissioner for the vacationing Peter Tesei, has stepped in as a voice of reason, shelving the town’s initial plan to shut the field down today.<\/p>\n

‘I’m going to suggest that we hold off until we talk to everyone and try to reach a compromise,’ she said. Credit her with a stand-up triple.”<\/p><\/blockquote>\n<\/blockquote>\n<\/blockquote>\n

\n

“The teens meanwhile have posted rules at the field prohibiting alcohol and swearing. And they say they would be willing to limit the field’s use to certain hours during the daytime.<\/p>\n

“Wow! Not only are these kids resourceful and enterprising. They’re reasonable too. How about we adults follow their lead and let them get back to their games?”<\/p><\/blockquote>\n<\/blockquote>\n

<\/a> Even our cranky Prof. Yabut applauds those who are seeking a compromise that would let the field stay, and allow us to dream of creaky-kneed wiffle-ball home runs. We hope the kids who built the team will whiff<\/a> every one of their opponents and show them what it means to be good sports.<\/p>\n

update<\/em><\/strong> (7 P.M.): According to Newsday<\/em><\/a><\/em> [“Greenwich seeks solution to Wiffle ball squabble,” July 12, 2008], the “Greenwich First Selectman [think mayor] Peter Tesei is trying to strike a balance and resolve the dispute. . . Tesei says he is leaning toward letting the teens continue using the lot and wants to hear more from both sides.”<\/p><\/blockquote>\n

\n

law firm picnic
\nthe ump consults
\nhis Blackberry<\/p>\n

\u2026\u2026 by david giacalone – Baseball Haiku<\/em> (2007)<\/p><\/blockquote>\n<\/blockquote>\n

<\/a> A<\/strong><\/em>s the New York Times<\/em> noted, wiffle ball was invented just down the road from Greenwich. The firm The Wiffle Ball Inc<\/a>. is located in Shelton, CT, and you can learn the origin of the hollow plastic ball with eight oblong perforations at their website, and learn the official rules<\/a>. It being an American sport and company, you won’t be surprised to discover that a major part of text on the Wiffle Ball website is dedicated to the topic of Trademark<\/a> and Copyright restrictions. [Intellectual Property lawyers out there might opine for our readers as to whether the word “wiffle” has become a generic term.] As the Mullany Brothers — grandsons of the founder — remind us all:<\/p>\n

\n

“Please be advised that “WIFFLE” and all images contained herein are either copyrights or trademarks of The Wiffle Ball, Inc. Their use, for any purpose, is forbidden unless you\u2019ve obtained express written consent from The Wiffle Ball, Inc. to do so. Additionally, all content, particularly The Rules of the Game, is copyrighted material.”<\/p><\/blockquote>\n<\/blockquote>\n

\n

\"baseballdiamond\"<\/font><\/em><\/font><\/font><\/font><\/font><\/font><\/font><\/span> “. . . You can throw curves with a WIFFLE ball, but please, play straight when referring to our valuable brand.” <\/em><\/p><\/blockquote>\n<\/blockquote>\n

With that nod to the truest American past-time, we close the punditry portion of this posting.<\/p>\n

\n
<\/blockquote>\n<\/blockquote>\n
<\/blockquote>\n
<\/blockquote>\n

bases loaded
\nthe rookie pitcher
\nblows a bubble<\/p><\/blockquote>\n

\u2026\u2026\u2026\u2026. by ed markowski<\/a> – Baseball Haiku<\/a><\/em> (2007); Haiku Sun<\/em> (Issue X, Jan. 2004)<\/p><\/blockquote>\n

\n

\"BaseballHaikuCover\" W<\/em><\/strong>e didn’t expect to feature more baseball-related poetry again (most recently covered here<\/a>), but the Young Wiffle Ball Heroes in Greenwich have inspired us to find a few whimsical haiku and senryu for our joint enjoyment:<\/p><\/blockquote>\n<\/blockquote>\n

the toddler
\nruns to third base
\nfirst<\/p>\n

all day rain \"infielderG\"
\non the playing field
\na stray dog<\/p><\/blockquote>\n<\/blockquote>\n

\n

<\/em><\/font>\u2026\u2026. by Tom Painting<\/strong> – Baseball Haiku<\/em> (2007); from the chapbook piano practice<\/em><\/p><\/blockquote>\n<\/blockquote>\n

\"dandelionClock\" <\/font><\/em><\/strong><\/font><\/p>\n

\n

empty baseball field <\/span>
\na dandelion seed floats through
\nthe strike zone<\/p><\/blockquote>\n

\u2026\u2026. by George Swede<\/strong> – Almost Unseen<\/em> (Brooks Books, 2000); Baseball Haiku<\/em> (2007)<\/p><\/blockquote>\n

my so-called friends
\nsend in my sister
\nto pinch-hit for me<\/p>\n

\u2026.. by John Stevenson<\/strong><\/p>\n

\n

late innings
\nthe shortstop backpedals
\ninto fireflies<\/p><\/blockquote>\n<\/blockquote>\n

April rain
\nmy grandson practices
\nhis infield chatter<\/p><\/blockquote>\n

sides chosen
\nthe boy not chosen
\nlends me his glove<\/p>\n

\"at \u2026\u2026.. by Ed Markowski<\/a> – Baseball Haiku<\/em><\/a> (2007)
\n“sides chosen” – bottle rockets<\/em> (7:1, 2005)<\/p>\n

\n

rumble of thunder
\nthe boy still looking for the ball
\nin the grass<\/p><\/blockquote>\n<\/blockquote>\n

\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. by Lee Gurga – Baseball Haiku<\/a><\/em> (2007); Too Busy for Spring<\/em>, 1999 HNA Anthology<\/p>\n

in the shoe box
\nattic light from one window
\nand the creased Willie Mays<\/p>\n

\u2026\u2026\u2026\u2026\u2026\u2026 by Tom Clausen – Baseball Haiku<\/em> (2007); Bases Loaded<\/em>, a renga chapbook<\/p><\/blockquote>\n<\/blockquote>\n

baseball
\nrolls into the mud \u2013
\npainted lady flutters up<\/p>\n

\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. by randy brooks<\/a> – Baseball Haiku<\/a><\/em> (2007)<\/p>\n

\n

calm evening
\nthe ballgame play-by-play
\nacross the river<\/p>\n

… by jim kacian<\/a> – Baseball Haiku<\/a><\/em> (2007); Past Time<\/em> (Red Moon Press, 1999)<\/p><\/blockquote>\n

afterwords<\/em><\/strong> (July 14, 2008): Thanks to Jeffrey Mehalic at the West Virginia Business Litigation<\/em> weblog, for pointing to this posting in Blawg Review #168<\/a>.<\/p><\/blockquote>\n

<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

At the Giacalone homestead, I always have to tip-toe around the topic of NIMBYism, as my lawyer brother specializes in protecting homeowners from noisome development in their neighborhoods. (See his piece “zoning challenges: overcoming obstacles” (f\/k\/a, June 15, 2007). So, I’m going to blame the New York Times article “Build a Wiffle Ball Field and […]<\/p>\n","protected":false},"author":94,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[555,1414],"tags":[],"class_list":["post-9604","post","type-post","status-publish","format-standard","hentry","category-haiku-or-senryu","category-qs-quickies"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6kP1R-2uU","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/9604","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/users\/94"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/comments?post=9604"}],"version-history":[{"count":1,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/9604\/revisions"}],"predecessor-version":[{"id":12236,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/9604\/revisions\/12236"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/media?parent=9604"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/categories?post=9604"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/tags?post=9604"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}