I have had no firsthand encounters or experiences with
Justice
Cynthia Kern, who sits on the bench of the New York Supreme Court in New
York County.
[Note to those of you who have
not spent much time in the State of New York:
Do not be too awed or impressed with Judge Kern's title.
In the New York State judicial system, the
"Supreme Court" is the lowest court of general jurisdiction,
comparable to the Courts of Common Pleas in Pennsylvania, or the Circuit Courts
in Illinois, Virginia, West Virginia or Michigan, or the Superior Courts in
California or New Jersey, or the District Courts in Texas.].
Justice Kern seems to be above average as far as Manhattan
judges go, which is neither shameful nor exemplary. She is despised by the New York City teacher's
union, which, if anything, pushes her ever so slightly towards the righthand
side of the bell curve. She seems to
make good rulings more often than not.
But neither does Judge Kern does not impress me as being
quite in the same league as Holmes, Cardozo, or even Judge Judy
Scheindlin. And one recent decision of
hers has been effectively reversed on appeal, on Constitutional grounds.
Albert Prince is an artist who creates sculptures out of,
well, junk. This is his artistic
preference, even if I would not procure his objets d'art for my own home. Albert became artistically inspired by a
rooftop television antenna placed in the refuse pile for collection, and, being
so inspired, placed the antenna into his car with the intent of creating a new
sculpture from it. [I parenthetically
note that, technologically speaking, rooftop antennae are museum pieces in this
day and age of cable television.].
The
New York City Administrative
Code ยง 16-118[7], translated into English, essentially prohibits anyone except
the Department of Sanitation from removing recyclable trash placed at the curb,
violators being subject to fines and impoundment of vehicles.
One of the NYC Sanitation Nazis caught Albert in the act of
taking the antenna and placing it into his car.
The car was impounded and Albert was fined $2000.
The Environmental Control Board
upheld
the penalty.
Albert appealed the ECB
decision to Judge Kern, who
upheld
the ECB.
Albert appealed Justice Kern's
ruling, and the Appellate Division
overturned
Kern's decision, ruling that $2000 was an excessive fine under the Eighth
Amendment for the infraction committed by Albert Prince.
It is heartening to see that at least one appellate tribunal
in New York sometimes understands that the purpose of the U.S. Constitution is
to protect the citizenry from the excesses of government.
But another question is begged by Prince's case. Howcum the government is so quick to fight
monopolies, except when it is the government that wields the monopoly
power? Wouldn't competition make the NYC
Department of Sanitation more efficient?
Labels: Artists, Big Brother, Cynthia Kern, Department of Sanitation, New York City
0 Comments:
Post a Comment
<< Home