Another ridiculous waste of TX legislature time

by Graham Email

Link: http://www.cnn.com/2005/LAW/05/05/cheerleaders.law.reut/

Every so often in Western-style democracies, we are treated to an outbreak of a syndrome that I will call the "We Must Be Seen To Be Doing Something" Syndrome. This usually occurs when electors (either singly or in groups) bring a matter that they consider to be a harbinger of the collapse of Civilization As We Know It to the attention of elected representatives. Theose elected representatives then proceed in short order to draft up a legislative response, (designed to eliminate This Evil Thing from society with immediate effect), then then proceed to give it cursory debate, twisting arms for affirmative votes in the legislative chamber along the lines of "if you don't vote for this you obviously don't mind the country declining into a sink of depravity".
The result is that everybody feels good and righteous because We Did Something. However, what also happens is that another half-baked, dimwit unenforceable statute just appeared in a law book somewhere, creating yet more work for law enforcement agencies (who are already over-worked, thanks to the modern approach of praising law enforcement while not funding it properly). Since most of these statutes are so badly worded, the new law is also a gift for defense lawyers.
Enter (stage left) - Texas House Bill 1476.
This little legislative gem meets all of the criteria I outlined above. Clearly somebody somewhere decided that explicit displays of cheerleader charms offend public decency and the morals of society, and need to be restricted.
This is an idiotic bill. It is idiotic on several counts:

1. As currently written, it is bad legislation. It is unenforceable, since there is no precise definition of what constitutes "overtly sexually suggestive" (the statement of the offense that this bill is designed to prevent). Absent any definition or measurement standard, many prosecutions under this bill if it becomes law will not succeed. The defense will argue about the definition of "overtly sexually suggestive", and a jury will shrug its shoulders, become confused and be unable to reach a unanimous verdict.
2. The supporters of the bill have provided no documented, cogent arguments for why this is an important societal matter requiring legislation. All that appears to have happened is that some people were disturbed by the displays of high school cheerleaders and want the displays to be circumscribed or stopped. It begs the question of where those people were when the Dallas Cowboys cheerleaders started the sex-objects-as-cheerleaders trend over 20 years ago in the NFL. But I digress, and I acknowledge that logic generally does not play any part in this kind of initiative....
4. All legislatures have limited time for debating and passing legislation. I refuse to believe that debating and voting on this bill was an effective use of House time. This is a bill designed to regulate behaviour in an activity which is peripheral even to a sports curriculum. What about considering legislation to address academic performance issues?

Folks, I have never seen a more egregious, vapid, ill-considered waste of legislative time. If your elected representative voted for this bill, they need a good shaking. I intend to find out if my local representative voted for the bill, and if she did, I will be reminding her of the need to focus on what is truly important, and to resist the urge to Be Seen To Be Doing Something.
I'll leave the last word to Rep. Senfronia Thompson, who summed up my reaction perfectly in the debate:

"I think the Texas Education Agency has enough to do making sure our kids are better educated, and we are wasting our time with 'one two three four, we can't shake it any more?"' Thompson told legislators.