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(Kansas City) Asinine Restaurant might close because of phar too literal interpretation of obscure Missouri law   (kansascity.com) divider line 175
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SilentStrider [TotalFark] 2008-06-28 01:09:48 PM  
thats just retarded.

 
King Something [TotalFark] 2008-06-28 01:10:46 PM  
Justus Drugstore: A Restaurant


Problem solved.

 
Sybarite [TotalFark] 2008-06-28 01:19:41 PM  
This is the most blatant case of fraudulent advertising since my suit against Everything's $1.

 
serpent_sky [TotalFark] 2008-06-28 01:28:25 PM  
""I told her that the intent of the law is clear," Justus recalled, referring to the inspector. "She jumped all over me and said that someone could come to us thinking they were getting medical advice from a professional.""

Wow. Just wow.

I mean, wouldn't the fact that it is a restaurant tip the idiot seeking medical advice off?

And wouldn't the restaurant staff/owners tell this hypothetical> idiot that it's a restaurant? I mean, if the tables, food, and everything else didn't tip them off....

I really hate to think that I live in a country this stupid.

 
7of7 [TotalFark] 2008-06-28 01:29:05 PM  
Simple solution, hire a retired pharmacist to work the door.

 
This About That [TotalFark] 2008-06-28 01:31:44 PM  
Just when you work up a little tiny bit of sympathy for mindless drone bureaucrats, one of them screws up the life of a hard-working talented family.

/Haven't had any sympathy for bureaucrats since the fall of Byzantium.

 
Snarfangel [TotalFark] 2008-06-28 01:37:11 PM  
Here's the statute.

Looks like they ran afoul of section 3:
Where the words "pharmacist", "apothecary", "drugstore", "drugs", and any other symbols, words or phrases of similar meaning or understanding are used in any form to advertise retail products or services;

So, following the letter of the law, they should just call it a Drügstôrε.

/no clue if high ASCII will get through the Fark filter.

 
Gwendolyn [TotalFark] 2008-06-28 02:07:15 PM  
Well if the Governor did in fact say they would do something about it I doubt it's going to get too far but July 10th is closing in fast.

 
ultraholland 2008-06-28 02:41:11 PM  
Step 1: Legalize pot and sell it at your drugstore
Step 2: Sell your food to your stoned customers
Step 3: Profit out your ass!

 
Solon Isonomia [TotalFark] 2008-06-28 02:54:00 PM  
I don't know MO's laws, but I know there's a MN statute/rule (can't remember which) that explicitly states that all MN statutes are not to be applied if it leads to absurd results. A similar MO statute could be applicable here.

 
Churchill2004 [TotalFark] 2008-06-28 03:20:07 PM  
People really have no idea just how many onerous, and often asinine, restrictions small business are placed under. You're expected to know, and follow, every law that has at some point sounded like a good idea to the state legislature for the last two centuries. Those laws build up pretty quick, and on top of it you have asshole bureaucrats enforcing all these laws and regulations who enjoy ruining people's lives simply because they know they have the power to.

 
Solon Isonomia [TotalFark] 2008-06-28 03:22:50 PM  
Churchill2004: Those laws build up pretty quick, and on top of it you have asshole bureaucrats enforcing all these laws and regulations who enjoy ruining people's lives simply because they know they have the power to.

Prosecutorial discretion exists for a reason.

 
King Something [TotalFark] 2008-06-28 03:23:53 PM  
Solon Isonomia: I don't know MO's laws, but I know there's a MN statute/rule (can't remember which) that explicitly states that all MN statutes are not to be applied if it leads to absurd results. A similar MO statute could be applicable here.

Link or it didn't happen.

 
Churchill2004 [TotalFark] 2008-06-28 03:25:07 PM  
Solon Isonomia: Prosecutorial discretion exists for a reason

Hoping conviction-driven prosecutors will believe in some noble ideal of justice isn't anything I'd be betting the farm on.

 
Churchill2004 [TotalFark] 2008-06-28 03:25:48 PM  
And besides, prosecutors aren't supposed to get to decide whether or not something's illegal.

 
jake_lex [TotalFark] 2008-06-28 03:26:41 PM  
serpent_sky: ""I told her that the intent of the law is clear," Justus recalled, referring to the inspector. "She jumped all over me and said that someone could come to us thinking they were getting medical advice from a professional.""

Wow. Just wow.

I mean, wouldn't the fact that it is a restaurant tip the idiot seeking medical advice off?

And wouldn't the restaurant staff/owners tell this hypothetical> idiot that it's a restaurant? I mean, if the tables, food, and everything else didn't tip them off....

I really hate to think that I live in a country this stupid.


I dunno, I'm with the state here. Last time I was at Wendy's, I kept telling the dude at the drive-through window about this rash I have on my ass, and he just kept saying "No hablo Ingles." They should have warned me you can't get medical advice there.

 
Solon Isonomia [TotalFark] 2008-06-28 03:33:55 PM  
Churchill2004: Hoping conviction-driven prosecutors will believe in some noble ideal of justice isn't anything I'd be betting the farm on.

Oh, I agree... just pointing out what's there.


King Something: Link or it didn't happen.

You're not my judge (nor are you my client if I was in private practice) and it's a weekend... but I'm kind enough to look it up again. Might take a bit; I don't use my Westlaw at home.

 
Churchill2004 [TotalFark] 2008-06-28 03:34:45 PM  
Solon Isonomia: Oh, I agree... just pointing out what's there

I'm just pointing out that it's absurd to seriously depend on it to stop abuses.

 
Megain [TotalFark] 2008-06-28 03:39:55 PM  
i've had dinner there. damn good. here's to hoping they win this fight

 
Solon Isonomia [TotalFark] 2008-06-28 03:42:07 PM  
Churchill2004: I'm just pointing out that it's absurd to seriously depend on it to stop abuses.

Relying only on that? Yes. Relying on it as part of a much larger scheme? No.

 
Forty-Two [TotalFark] 2008-06-28 03:43:40 PM  
7of7: Simple solution, hire a retired pharmacist to work the door.

Good idea; that's pretty much what I was thinking.

 
p51d007 2008-06-28 03:45:09 PM  
And people are willing to hand over their health care to the government?

 
Churchill2004 [TotalFark] 2008-06-28 03:46:37 PM  
Solon Isonomia: Relying only on that? Yes. Relying on it as part of a much larger scheme? No

The original idea of grand juries was to serve as a check on unjustified prosecutions. Unfortunately that only worked when grand juries were composed of members of the community who a)usually knew all the people involved and b)usually had outside knowledge of the case.

 
Constance Velocity 2008-06-28 03:48:22 PM  
I come from a community where everyones thinks they're precious and they do this all the time - name their business something other than what it is. it's stupid, that's what it is. If the restaurant has to shut down because of this, the owners are idiots.

/wishes there were laws against preciousness.

 
MayoBoy 2008-06-28 03:49:23 PM  
Put a black board over "Drug in the sign. Use a Sharpie on uniforms, cards, etc. It becomes your trademark

Justus Drugstore: A Restaurant

 
Slampig 2008-06-28 03:49:53 PM  
why they need to have "drugstore" in the name of their restaurant is the real story here. That deserves the "dumbass" tag if anything does.

 
ultraholland 2008-06-28 03:50:03 PM  
Constance Velocity: I come from a community where everyones thinks they're precious and they do this all the time - name their business something other than what it is. it's stupid, that's what it is. If the restaurant has to shut down because of this, the owners are idiots.

/wishes there were laws against preciousness.


It's the continuation of a family business name, ass. It's not precious, it's legacy. Enforcing the law is stoopid.

 
Forty-Two [TotalFark] 2008-06-28 03:50:24 PM  
When I saw the headline, I thought it was going to be one of those situations where some law states that no restaurant can open withing one hundred paces of a church, or some nonsense like that, and it'd be true if you took reeeally wide steps. But no, it's idiocy over the name. I mean, next thing you know, they'll be complaining that this place isn't a real Flying Saucer:

i139.photobucket.com

i139.photobucket.com

/only thing I remembered from my trip to Niagara Falls when I was four years old

 
Solon Isonomia [TotalFark] 2008-06-28 03:50:26 PM  
King Something: Link or it didn't happen.

Found it: https://www.revisor.leg.state.mn.us/statutes/?id=645&view=chapter#stat.645.08 (for some reason the state wants to use SSL)

In construing the statutes of this state, the following canons of interpretation are to govern, unless their observance would involve a construction inconsistent with the manifest intent of the legislature, or repugnant to the context of the statute

The link has the canons to follow... there are a few other sections on that link that also allow for the court to say, "You know what, this is totally not what the legislature was intending and applying the law here would lead to absurd results."

 
Solon Isonomia [TotalFark] 2008-06-28 03:51:29 PM  
Churchill2004: The original idea of grand juries was to serve as a check on unjustified prosecutions. Unfortunately that only worked when grand juries were composed of members of the community who a)usually knew all the people involved and b)usually had outside knowledge of the case.

Oh no, we don't want that. Juries are to be impartial and people who know the parties aren't impartial.

 
thelordofcheese 2008-06-28 03:51:30 PM  
"She jumped all over me and said that someone could come to us thinking they were getting medical advice from a professional."

If this is true I am in awe.

 
PVnRT 2008-06-28 03:51:45 PM  
p51d007: And people are willing to hand over their health care to the government?

Something tells me that you've never dealt with corporate bureaucracy. Imagine government bureaucrats, but with a profit motive to screw you instead of incompetence and boredom.

 
Frow 2008-06-28 03:52:36 PM  
Don't name your restaurant something so stupid and then you won't have a problem

 
Trance750 [TotalFark] 2008-06-28 03:52:40 PM  
Perhaps he just didn't grease enough palms of the City Council?

 
Churchill2004 [TotalFark] 2008-06-28 03:53:01 PM  
Solon Isonomia: there are a few other sections on that link that also allow for the court to say, "You know what, this is totally not what the legislature was intending and applying the law here would lead to absurd results."

I could be mistaken, but I think there's a principle of common law that allows judges to do that without statutory authority. I can't think of the name of it, though.

 
Dr.Zom 2008-06-28 03:54:01 PM  
So an umlaut would fix this?

/Snarfangel Johnson is right!

 
Ra_ 2008-06-28 03:54:54 PM  
I can't dredge up much sympathy over such a crappy name.
That inspectorturd is doing them a favor.

 
Dr.Zom 2008-06-28 03:55:14 PM  
Trance750: Perhaps he just didn't grease enough palms of the City Council?

If it's in Missouri, it's for sale.

 
MayoBoy 2008-06-28 03:55:48 PM  
Changing the name would require him to alter the restaurant's signs, menus, uniforms, business cards and the like - not to mention forfeit its hard-won identity.

"We spent an immense amount of energy branding ourselves," he said.

And then there's the matter of having to reapply for retail and liquor licenses under a new name. A notoriously thin-margin business, high-end restaurants like Justus Drugstore rely on liquor sales to turn a profit.

The thought of having to await the issuance of a new liquor license sends Justus into a near-panic.


seminole87 - your big cup of STFU awaits you.

 
rhiannon [TotalFark] 2008-06-28 03:55:54 PM  
Slampig: why they need to have "drugstore" in the name of their restaurant is the real story here. That deserves the "dumbass" tag if anything does.

I have a hard time focusing on the issue due to the fact I can't seem to get over how stupid the name of their restaurant is.

 
Trance750 [TotalFark] 2008-06-28 03:56:00 PM  
Dr.Zom: Trance750: Perhaps he just didn't grease enough palms of the City Council?

If it's in Missouri, it's for sale.


Including integrity, it seems.

 
lolmadillo 2008-06-28 03:56:47 PM  
i'm sorry, i thought this was going to be like "no misspelling the name of your restaurant" or something

this actually seems kinda natural

 
RussianPooper [TotalFark] 2008-06-28 03:57:22 PM  
"I told her that the intent of the law is clear," Justus recalled, referring to the inspector. "She jumped all over me and said that someone could come to us thinking they were getting medical advice from a professional."

Government work: whether or not you started out as an idiot, you'll eventually get there.

 
Phone_Answering_Monkey 2008-06-28 03:57:33 PM  
Somebody better tell Pharmacy Bar in Adams Morgan. Tables are all glass-top with thousands of pills under them.

/Will have a Sam Adams and six of those green things over there in that four-top please
//Had his first legally-purchased bar beer there.

 
ultraholland 2008-06-28 03:57:36 PM  
thelordofcheese: "She jumped all over me and said that someone could come to us thinking they were getting medical advice from a professional."

If this is true I am in awe.


farm1.static.flickr.com

simpsons.ugo.com

"Man, that is flagrant false advertising!"

 
Hal Jalykakik [recently expired TotalFark] 2008-06-28 03:57:38 PM  
That's pharked.

 
Solon Isonomia [TotalFark] 2008-06-28 03:58:13 PM  
Churchill2004: I could be mistaken, but I think there's a principle of common law that allows judges to do that without statutory authority. I can't think of the name of it, though.

Oh yes, that does exist too; but having a statute is handy.

 
Churchill2004 [TotalFark] 2008-06-28 03:58:32 PM  
Solon Isonomia: Oh no, we don't want that. Juries are to be impartial and people who know the parties aren't impartial

Juries aren't supposed to be impartial. They're supposed to be representative of the community. We don't have juries because random idiots are thought to be better at determining the facts than preselected experts. We have juries as a check on the system.

Myself, I'd be perfectly happy to allow juries to function more like tribunals- asking questions themselves. But you'd obviously still have to have a judge to run the whole show and to rule on admissibility of evidence. This system where juries are supposed to be totally ignorant of the law, the case, and all the people involved just gets us juries who follow the authority figures- the judge and prosecutor- because they don't know what else to do.

 
spqr_ca [TotalFark] 2008-06-28 03:59:28 PM  
Frow: Don't name your restaurant something so stupid and then you won't have a problem

The restaurant's name has a historical reason and a pretty decent one. This isn't a problem of the restaurant, it's a problem of petty time-servers that have nothing better to do. If you want to get annoyed at someone, consider that your tax dollars are paying for these people to do nothing useful.

 
moosen 2008-06-28 03:59:53 PM  
bestuff.com
sign seminole87 up.

 
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