SENATE BILL: Freedom to Perform Act (voting on redraft)

[Fmr. Pres. Duke]

So, they can just take their claim to state court? What if the lawsuit actually has merit and the venue actually did commit a tort/criminal offense? This bill is basically saying they can sue for a claim under $75,000.

[Fmr. Pres. Duke]

I also don't think we need to be in the business to legislate laws barring individuals from accessing the justice system. Concert venues are free to draft waivers that attendees must agree to prior to selling them tickets or entering the venue, but making a federal law that says they cannot sue in federal court is a bit extreme, and I am not sure if we could even do it, although I don't know what the constitution says about it.

Venues are free to write waivers or contracts all they want that will make the attendee assume the risk of attending a concert. However, and I will wait to see your final bill, this bill basically says that regardless of the incident, you cannot sue in federal court even if it is warranted (whether they be diverse citizens, etc). I actually see no way this could be reworded to avoid injustice now that I think about it. Gun ranges and the like have waivers that they will not be responsible for injuries resulting from some things, but you don't go to a concert expecting something bad could happen.

[Fmr. Pres. Duke]

The only thing he can really do to reword it is to cap the amount someone can recover, which is usually only punitive damages anyway and not compensatory damages. Unless this senate wants to start passing Stalin like legislation, this bill should be tabled unless tort reform is what Napoleon is aiming for.

[Fmr. Pres. Duke]

Essentially, you both want tort reform? In any event, an individual will not get far in bringing a claim against the venue if a person has done the harm unless, as Snowguy said, the venue was being negligent in allowing too many people into the concert. In most cases, the law will work itself out with the given guidelines. This bill really is not necessary as a judge will likely toss out any case that is joining the venue along with the individual defendant. If you want to make sure they are not brought, then just cap punitive damages and people will be less likely to bring a frivolous case.

[Fmr. Pres. Duke]

The more I think about this, we have to table it. Motion to table!

[Fmr. Pres. Duke]

Those voting may need to educate themselves on the law or offer a reasonable alternative. And I don't know a really reasonable alternative that would be anything like this bill. All this is doing is blocking citizens from accessing the justice system.

[Fmr. Pres. Duke]

Should we final vote on this if there will be no amendment offered?

[Fmr. Pres. Duke]

So the venue is responsible if the band commits a crime? Why are we even debating this bill now? We are going from screwing the people to screwing the venue. Ok. Let's just vote on this bill and settle it. As a law student, this debate is annoying me.

[Fmr. Pres. Duke]

Nay on final vote

[Fmr. Pres. Duke]

The header said final vote when I voted. Bgwah simply hadn't posted it in his post.

[Fmr. Pres. Duke]

From a legal standpoint, this is still an unnecessary bill.

[Fmr. Pres. Duke]

How depressing.