March 6, 2010
Loco Parentis Metastasizes Like Cancer
In loco parents is defined as the state as the parent. The Clintons reinforced this mind-set in the 90's when former President Bill Clinton signed the Violence Against Women Act into law in 1994 as part of the national crime act. Mothers could/can now claim ex parte they "are in fear of threatened harm" and fathers couldn't/can't see their kids without supervision unless they proved their innocence. His wife, former presidential candidate, and current Secretary of State Hillary Clinton authored the book "It Takes A Village" in 1996. Her husband's presidential opponent Republican Bob Dole said this about her book in part "...with all due respect, I am here to tell you, it does not take a village to raise a child. It takes a family to raise a child." While there is case law, Stantofsky v. Kramer, Troxel v. Granville, et al, that protects a fit biological parent's rights to his children, the English speaking world has taken "perceived impropriety" to a new and disgusting level.
Remember The Kiss Case from North Carolina when six year-old first-grader Johnathan Prevette was gleaned to be a sexual harasser for kissing a female classmate on the cheek in school? Well, just as cancer (carcinoma) can spread (metastasize) throughout the body, ostensibly, "the state as the parent syndrome" can do so, also as the United Kingdom has taken The Kiss Case a step further.
Kevin Geraghty-Shewan, a father from Gillingham in Kent, was told to stop taking pictures of his four-year-old son on a ride in the Bridges Shopping Center because he might be a pedophile. Mr. Geraghty-Shewan was threatened with arrest by police officers and told the images may have to be deleted, despite protesting that he had every right to photograph his own son.
The heated discussion between Mr. Geraghty-Shewan, the security guard who thought he should have had his paternity lab result on his person and thought he might have been a pervert, and police, turned to an apology offered to Geraghty-Shewan by the Bridges Shopping Center. An apology? Even if Child Protective Services (CPS) says I'm sorry (which they will not) to the parents of children because they investigated a call from a teacher for suspected abuse of their child at school without their knowledge, and they were forced to send the kid for a formal forensic interview and colposcopic rape exam, would you settle for just an apology?
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not! You would want payback and you would deserve payback. Can you say
civil rights lawsuit for compensatory and punitive damages? How about
an invasion of privacy? Negligent infliction of emotional distress?
Interference with family relations? Defamation of character? If there
was no published sign in the Shopping Center to not take photographs,
then perhaps we could add failure to warn to the list of torts? Was
this Brit supposed to carry on his person (in addition to the paternity
proof card), too, a clean bill of psychosexual health report from a
psychologist whereby he passed the Abel Assessment for Sexual Interest
risk assessment test?
When are kids going to be allowed to be kids? When are parents going to be allowed to be parents? Perhaps, not in my lifetime!
Disclaimer: Dean Tong is not an attorney. He is not licensed to give legal advice and nothing herein should be construed to be legal advice. If you need legal assistance please consult with an attorney in your area.