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Posted on: Thu, 05/08/2003 - 12:44am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Gail,
I still hold my opinion that laws of guns and drugs that are federal and state are just that, it's still enforced by the buiding it's placed on. And the status of a peanut free area would still be considered a "law" of the principal/district and would be enforced by them.
Although guns/drugs are illegal (or possession thereof) by state and federal guidelines...in a school that the principal has implemented a PF area, the peanuts are "illegal" in a peanut free area due to school and/or district guidelines.
River...great rebuttal.
[img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Thu, 05/08/2003 - 12:44am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by erik:
[b]
I wonder how many angels can dance on the head of a pin?
[img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img][/b]
While humming? [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img] [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img]

Posted on: Thu, 05/08/2003 - 12:50am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by Cam's Mom:
[b]Gail,
I still hold my opinion that laws of guns and drugs that are federal and state are just that, it's still enforced by the buiding it's placed on. And the status of a peanut free area would still be considered a "law" of the principal/district and would be enforced by them.
[/b]
How to "enforce" this?

Posted on: Thu, 05/08/2003 - 12:50am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Lana, this was your last post:
Quote:Originally posted by Cam's Mom:
[b]IMHO, the "nut inspectors" would be the administration and it's employees of the building/class that the Peanut Free sign was posted outside of. Just like the Gun Free and Drug Free building, whom ever is in charge and their employees are reponsible for their policy.
The state and/or federal government have "rules/policies" for guns and drugs...they are only enforcers...if the school has a peanut free "rule/policy" then its the "law" of the principal, therefore he is the enforcer.[/b]
When I read the school policies that river posted, I read them as saying "Us schools are required to follow the law. We are required to report illicit or illegal weapons and drugs, and report any to the authorities if we find someone breaking the law. If we don't, we get in big trouble because we would be breaking the law. And our federal money can be taken away. That would be very bad for us schools."
So they can "ban" weapons and drugs because they already are required to. By declaring the "ban" they are only enforcing the laws that they are already required to do.
Since schools are not required by law to ban peanuts, what would be their motivation to do it?
In the other examples (sleeveless shirts, beepers, gum, etc) where you think the pricipal is accountable to enforce these bans, what risk is there from not enforcing these rules? What liability does the principal take on if they aren't enforced? Not much.
I imagine the pricipal saying "Go ahead and hold me liable for [i]not [/i]adhering to the school's baggy pants rule. No harm is going to occur to another student if I don't enforce it, so I dont carry much liability. I don't mind our school having rules regulating this stuff and I don't mind being accoutable because there really isn't much liability for me. But the potential harm to another kid from me not adhering to a peanut policy is huge. I'm not gonna take on this liability. And I'm not required to by law because peanuts are not illicit."

Posted on: Thu, 05/08/2003 - 12:54am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by river:
[b]Sorry "girls", I'm not that easily bullied. [/b]
river, I'll read your links. I'm not easily bullied either. I don't see anyone bullying, BTW, and I'm not trying to bully you.

Posted on: Thu, 05/08/2003 - 12:56am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by Gail W:
[b]
Since schools are not required by law to ban peanuts, what would be their motivation to do it?
[/b]
"Motivation". I find discovering it somewhat irresistable. In such I often find answers.

Posted on: Thu, 05/08/2003 - 12:59am
Gail W's picture
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Joined: 12/06/2001 - 09:00

MommaBear, thank God you're not packing up your RV for your trip tomorrow!

Posted on: Thu, 05/08/2003 - 1:01am
erik's picture
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Joined: 05/15/2001 - 09:00

Canadians vs Americans round 3 ... [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img]

Posted on: Thu, 05/08/2003 - 1:04am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Gail,
I see what you are saying about the principal being required by law to do the gun/drug thing but by him saying he holds [b]more[/b] liability with peanuts being in a peanut free area is still contradictory to the gun/drug free term...he is required by law to display it and enforce it but does that mean he is liable when a kid shows up and has in his possession a weapon or drugs?
His only [b]added[/b] liability to having a peanut free area would be if there was [b]no action taken[/b] when it was seen. The same as with a gun or drugs, he isn't going to be held liable if Johnny shoots another kid unless he [b]didn't take action[/b] to prevent the shooting.
[img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] heads butting hard [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Thu, 05/08/2003 - 1:05am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by river:
[b]]
Sorry "girls", I'm not that easily bullied. [/b]
Thinking to myself: "girls" is probably a step up from "complete moron"? River's opinion of me is softening?

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