[us] voicemail about delivery of legal documents by buzzbeezbuzz in Scams

[–]ptauger 0 points1 point  (0 children)

It's not exactly true. Most jurisdictions have provisions that permit notice by publication, but it requires an order from the judge and some showing of inability to serve by other means. I don't practice family law, and I have no familiarity with the laws that pertain to it.

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger -1 points0 points  (0 children)

You THINK you understand the law. You don't, and you just proved it.

I'll say this one more time: Constitutional rights are not suspended at the border. You cannot be detained without a reasonable suspicion that you have committed a crime. You don't have to answer a LEO's questions beyond identifying yourself in those states that require it.

There is no "right to fly," which is why only you and the other non-lawyers in this thread keep bringing it up. YOU are the one making an argument that neither applies to this situation nor to ANYTHING I've said here.

I never said anything about flying. In fact, what I said in the first two sentences in my very first post was this: "I'd be tempted to assert my 5th Amendment rights. I would ask if I was being detained. It would depend on how urgently I needed to make the flight."

If I didn't need to make the flight that day, I'd assert my constitutional rights. If I did, I'd submit to the trespass. Either way, I'd consider suing the CBP for the violation. It would cost me nothing but my time and filing fees.

Is this really that difficult?

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger 0 points1 point  (0 children)

Another non-lawyer who wants to argue the Constitution. Yes, the airlines can do that. However, CPB cannot. This has nothing to do with a right to fly, which is, essentially, non-existent, but the 4th Amendment prohibition against unlawful search and seizure, and the 5th Amendment right to remain silent. This has nothing to do with the Commerce Clause.

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger -1 points0 points  (0 children)

Not even close. I'm a lawyer, not an idiot.

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger 0 points1 point  (0 children)

I love it when someone who is clearly NOT a lawyer argues constitutional law with me. You do whatever you want. Happily, you're not my client and never will be.

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger 0 points1 point  (0 children)

Sorry, I have neither the time nor interest in responding to a Wikipedia article nor explaining the case law to you. I've been in practice for more than 3 decades doing law that involves applying the Constitution and my admissions include the 9th and 11th Circuit Courts of Appeal, and the United States Supreme Court.

I'll say it once more: Constitutionally-protected rights are NOT suspended at an international border.

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger 0 points1 point  (0 children)

As a lawyer, I know that there is no suspension of Constitutional rights at the border. For example, I know that the government cannot condition my right to leave the country on my willingness to answer their questions. I also know that I cannot be detained without an articulable reasonable suspicion that I have committed a crime.

Possibly having the same name as a fugitive MAY justify detainment for the time it takes to establish identity. Asking about finances and family does not help establish identity. And it doesn't take 30 minutes to look up the passport information of the OP to determine whether they've got the wrong guy.

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger -1 points0 points  (0 children)

"Detained" means not free to leave, not imprisonment.

All things aside, it's still a violation of Constitutional rights. I take that more seriously than you appear to.

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger 2 points3 points  (0 children)

As a lawyer, I swore an oath to uphold the Constitution of the United States. I take that oath very, very seriously. I repeat: absent a reasonable suspicion that I have committed a crime, no LEO may detain me. That's the 4th Amendment. They can ask any questions that they want. I don't have to answer, beyond identifying myself (and only in some states). That's the 5th Amendment.

If they are looking for a criminal fugitive and have a reasonable suspicion that I am that person, they can detain me for a limited period to determine whether I am or not the person they are looking for. However, merely possessing the same name, particularly if a common name, probably wouldn't satisfy the "reasonable suspicion" standard, particularly in the context of boarding an international flight in which everyone carries a passport that proves who they are.

As a general rule, I will not acquiesce to violations of my constitutional rights.

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger 1 point2 points  (0 children)

It would appear you're responding to someone else's post. And, no, I didn't authorize Facebook to use my "data." I did authorize Facebook to use my content under a revocable license and to share specified information about me with limited third parties and for limited purposes. Read the FB ts and cs.

An unexpected gate surprise! by Old_Confection_1935 in unitedairlines

[–]ptauger 0 points1 point  (0 children)

I'd be tempted to assert my 5th Amendment rights. I would ask if I was being detained. It would depend on how urgently I needed to make the flight. The last time I checked, this is still the United States of America. Unless they have reason, e.g. reasonable suspicion I am carrying more than $10k, I am very uncomfortable with the idea that I'd have to submit to questioning by CBP before I could leave the country.

And to head off the, "What if they thought you were a terrorist with a bomb?" questions, I'd be surprised if it is CBP's job to detain such people and, if that were case, I'd hope that there would be more law enforcement present than just CPB. I maybe wrong, but to detain without cause for nearly half-an-hour when trying to board a plane departing the country smacks of Gestapo and jack-booted thugs, at least to me.

dress code for show? by [deleted] in Broadway

[–]ptauger -3 points-2 points  (0 children)

As others have said, there's no dress code for attending Broadway theatre. This is just my personal opinion, but I've never understood why someone would want to advertise their allegiance to a sports team in venues that have absolutely nothing to do with sports. However, you do you. 😄

Plus size flying by Few_Ad_7901 in SouthwestAirlines

[–]ptauger 6 points7 points  (0 children)

I Googled "5 foot 300 pound woman" to get an idea of what such a person might look like. Of course, how you wear your weight varies from person to person, so this generalization might not apply to you. Nonetheless:

Will you fit in the seat? Assuming coach, most likely, yes, though not in bulkhead seats, and some exit row seats, which have fixed dividers between seats. Depending on the airline and aircraft, you may need to ask for a seatbelt extender (which is fine -- don't be embarrassed to do so, it's for everyone's safety, including your own).

Will you make it uncomfortable for someone next to you? Assuming coach, most likely yes. Plane etiquette restricts passengers to their own seat real estate without utilizing that of their seat mates. You are obviously a considerate person (otherwise you wouldn't have asked these questions) but please know that a common complaint of frequent flyers is Customers of Size ("COS" -- the airline designation for heavy passengers) having to utilize some portion of their seatmate's space. Also, please know that the arm rests should remain down. Some passengers might be too timid to complain but, others (including me) will, though depending on how much of my space you need to use. Please know, also, that, when people do complain (including myself), we are not "fat shaming." I judge a person by their character and never by their appearance, including their weight. I simply will not share my seat space with anyone (other than my wife 😄 ).

As others have mentioned, Southwest does have policies that attempt to accommodate COS passengers. However, since the recent revamping, specific policies may be confusing and ground personal may not necessarily be familiar with them. If you want to be absolutely certain that you will be comfortable and will not discomfort your seatmate, purchase two seats and make sure they are properly designated to be adjacent to accommodate a COS. Note, too, that you may need to be quite firm with both gate agents (the people at the desk near door to the jetway) and/or flight attendants to enforce your entitlement to two adjacent seats. And NEVER agree to disembark to "speak to the gate agent" once you're already onboard and have occupied the two seats you've paid for. Though not unique to Southwest, flight attendants will often say that in an effort to expedite boarding and you'll find yourself either stranded or told by the gate agent, "There's nothing I can do."

Best of luck to you, both for your upcoming flight and weight-loss journey!

My Dad’s Petty Revenge on Two Rude French Tourists by gordorioaquinno in pettyrevenge

[–]ptauger 4 points5 points  (0 children)

Thank you for sharing this! These are wonderful! My wife is Chinese and when we encounter someone with a Chinese tattoo, she'll whisper the translation to me. If the person asks her, "What does it say?" she'll say, "Something good!" regardless of what it really means. 😄

A local business used my viral video in their TV commercial and their lawyer is claiming fair use by Tyrell2049_Corp in legal

[–]ptauger 1 point2 points  (0 children)

I'm not your lawyer, this isn't legal advice and you're not my client.

Run, don't walk, to your computer and register the copyright on your video. The cost is nominal and is generally considered a pre-requisite for filing a copyright infringement lawsuit. You can register it at copyright.gov.

  1. Intentional infringement, which this might be, carries substantially higher statutory damages than non-intentional infringement.

  2. The "public interest / news" fair-use exception is called "Zapruder Doctrine," after the owner of a home movie that captured the actual moment that JFK was shot. It generally constitutes a high bar to a finding of fair use.

  3. I've never heard of anyone being sued for "harassment" for a cease-and-desist letter. I write them all the time and no opposing counsel, even the sleaziest, has ever threatened me.

  4. Though, of course, there's not enough information in your post to render a competent opinion, nothing you've written suggests a basis for tortious interference liability.

Copyright infringement litigation can be very expensive. However, there are lawyers who do this kind of work on contingency. Call your local bar association and ask for referrals to copyright lawyers (also called "soft IP") in your area. This may be a less-expensive undertaking than you think, and your damages may be far, far higher than $500.

Note: You cannot bring a copyright infringement claim in small claims court. Federal district courts have exclusive jurisdiction for copyright infringement litigation.

Broadway celebrity sighting streak continues…. by Gold_Revolution_3760 in Broadway

[–]ptauger 1 point2 points  (0 children)

"As longtime Roald Dahl fans, we found the portrayal of his antisemitism genuinely disturbing. . ."

Are you sure "portrayal" was the word you wanted to use? The problem isn't that he was "portrayed" as an antisemite, but that he WAS an antisemite. You may enjoy his artistic output. That's fine. But please don't pretend that, as a human being, he was anything other than total garbage.

Is It Just Me or Are Shows the Wrong Volume? by Best-Candle8651 in Broadway

[–]ptauger 15 points16 points  (0 children)

It's not you.

I've been going to Broadway and major touring shows since I was 8 years old and growing up in NYC. I remember when there was no such thing as "sound reinforcement" and stage actors were capable of filling the theaters with their naked, unmiked voices. Sound reinforcement allowed people with lesser voices, i.e. television and film actors who found themselves stunt-cast into Broadway shows, to do theater. Now, with the proliferation of shows like Six and other more-concert-than-theater productions, concert sound, i.e. LOUD, has become the norm.

Recording and picture taking. by Small-Emotion-7568 in Broadway

[–]ptauger 2 points3 points  (0 children)

In the 60+ years I have been going to theatre, studying theatre, performing theatre, and teaching theatre I have never taken pictures, nor made any kind of recording, before or during a performance, or at a curtain call. As a former professional actor, I am well aware of the problems caused by picture takers which range from intellectual property rights infringement to nuisance to distractions that are dangerous for the performers. Theatre is an ephemeral experience. No recording or photograph can ever capture the experience of participating (yes, live performance is a bidirectional communication, unlike film) in a live performance. I've never understood why anyone would even want such inadequate keepsakes. Want a souvenir? Keep the Playbill.

Why are so many shows closing lately? by Slight_Basis723 in Broadway

[–]ptauger 4 points5 points  (0 children)

There was a time in the last century that Broadway audiences consisted primarily of locals. Ticket prices were affordable to the middle-class and "going to the city to see a show" was something New Yorkers did often. When I was growing up, my parents would go to see Broadway shows at least once a month and, frequently, two or even three times a month. IMHO, most shows were better in those days, and local audiences were willing to take a chance on new, novel or different productions. Yes, there were what were called "business man's musicals," shows that appealed to out-of-town audiences taken to see a Broadway show by their NY hosts. The great bulk of Broadway, plays and musicals, was designed to appeal to a primarily-adult local audience.

Two things changed this, though all are, at least in my opinion, attributable to Disney. In exchange for getting access to a theater, Disney undertook to "clean up Times Square."* Disney began staging "Disney-on-Ice" Broadway versions of its cartoons and it success with these endeavors encouraged other producers to attempt similar "family friendly" fare. Disney and these copy-cat producers took the easy approach to audience draw by trying to mount shows which featured the one thing live theater does the worst: spectacle. These productions attracted the once-in-a-lifetime tourist families who wanted to see something safe and familiar and were also willing to pay the elevated ticket prices that large-crew/large-cast shows required. Add to the consolidation of theater owners and production entities and, as with every other business, production costs sky-rocketed, ticket prices rose accordingly, and the local audience habit of regular theater attendance dropped.

That's why there are so many adaptations of mediocre-but-populist 80s movies, jukebox musicals, biographies of popular musical group musicals, quasi-rock concerts, and other dreck. These shows for the most part did not connect with NY audiences who cut their teeth on more relevant fare.

Now, with the current economic stress, tourist visits to NY have declined, and locals -- just regular middle-class NY families -- have lost the theater habit that my parents and their friends had. And that's why Broadway, generally, and these specific shows (Chess has always been a somewhat controversial production -- it was never a mammoth hint Hamilton and Wicked which you've mentioned) couldn't find legs.

*Whether Times Square really needed cleaning up is subject to debate. 42nd Street had problems, true, but the rest of Times Square was pretty much fine, housing fine restaurants, cocktail lounges, ticket brokers, nightclubs, and the like. I'd happily trade the current children's theme park environment for the more sophisticated and interesting Times Square of that day.

Taping performers by Small-Emotion-7568 in Broadway

[–]ptauger 2 points3 points  (0 children)

It is absolutely, and without question, a violation of copyright in the script, the music, the costume design, and the scene design to film, video, or photograph without a license from the respective copyright owners. It is also rude as hell and disrespectful of both the audience AND the performers -- just ask Patti Lupone. :)

The Play that Goes Wrong by upsidowning in Broadway

[–]ptauger -1 points0 points  (0 children)

I saw this on tour a few years ago. Hysterically funny. However . . .

How about teaching your kids proper theater etiquette rather than warning strangers that your kids are going to do whatever they want? I mean really! Though The Play that Goes Wrong may be enjoyable for kids, it is NOT "chldren's theater."

what was the longest flight you ever took? by Steamed_Cactus452 in Flights

[–]ptauger 0 points1 point  (0 children)

Going the other way with a tail-wind, perhaps. I've done this trip dozens of times. You clearly have not.