Do you know what a "French dragee" is? I didn't, until I read this post by Virginia Postrel:
Banning Small Pleasures
In his books, legal commentator Walter Olson has argued that litigation often creates policies that no legislature (or, in the case of employment law, union bargaining) would adopt. Writing in the LAT Sunday magazine, Andy Meisler gives an example:
Mark Pollock is a Napa-based environmental lawyer, a former Bay Area student radical and lover of fine food. Gloria Alvarez is a resident of Culver City who, for the last 33 years, has owned and operated Gloria's Cake & Candy Supplies, a tiny Westside culinary landmark jammed into a former American Legion Hall near the intersection of Sawtelle and Venice. Pollock and the seventysomething Alvarez have more than a little in common.
To be precise, on April 23, 2003, Pollock and his lone associate, Evangeline James, sued Alvarez and a who's who of names from the bakery world: "Martha Stewart Living Omnimedia Inc.; Dean & Deluca Inc.; Chefshop.com Inc.; Pfeil & Holing Inc.; Kitchen Etc.; Q.A. Products Inc.; Confectionary House; Beryl's Cake Decorating & Pastry Supplies; American Cake Supply; Albert Uster Imports Inc.; Do It With Icing; Cooking.com Inc.; Candyland Crafts Inc.; Favors by Lisa; Sugarbakers Cake, Candy and Wedding Supplies Inc.; Kitchen Conservatory Inc.; American Gourmet Foods Inc.; Annerose Hess d.b.a. Ohess; Pastry Wiz; Barry Farm Enterprises; GM Cake and Candy Supplies d.b.a. Cybercakes; Babykakes; and Does 1 through 100 inclusive."
Pollock's lawsuit swept through the close-knit world of American cake decorating like a hot knife through icing. Despite no law specifically outlawing dragées, private citizen Pollock took it upon himself to rid every last supermarket shelf, specialty food store and mail-order purveyor in California of those tiny silver-covered sugar balls you've been licking or flicking off the top of your cupcakes since you were a tyke.
Pollock is a fanatic who's determined to stamp out other people's small pleasures in pursuit of his own version of righteous living (and collect lots of money along the way). He succeeds because it costs him almost nothing to sue. His victims settle rather than spend more, in time and money, to fight his claims. Any litigation system that encourages--indeed, rewards--this petty tyranny needs serious reform.
dynamist.com |
