Was the State Right to Remove a Family's Basketball Hoop?
SodaHead News
2011/03/31 21:00:00
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112 votes
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497 votes
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Remember when you were in high school (maybe you still are) and you hated the cops because they were always hassling you FOR NO REASON AT ALL?
Like, you’d just be hanging outside the 7-11, at the abandoned skate park, chillin’ in the YMCA parking lot smoking cigs with your crew, and the cops would always show up and roust you just because they could?
Then you might know how Delaware’s McCafferty family is feeling these days after their local men in blue swept in and took down the basketball hoop on their cul-de-sac. The video of the heated confrontation between John McCafferty, the State Police and the state transportation department, DelDOT has become a viral sensation over the past week, with more than 230,000 views on YouTube.
The whole thing began last week when John's wife Melissa climbed on top of the basketball pole and refused to move after DelDOT reps showed up to yank it down, citing the state’s Clear Zone law, which prohibits hoops, trees, shrubs and other objects from being within seven feet of the pavement’s edge in subdivisions.
According to Delaware Online, the state police are conducting an internal investigation into a confrontation between the McCaffertys and a state trooper during the removal of the basketball hoop. Rep. Bryon Short said he’s working on getting the family their net back and having the fine against them waived, as well as looking into the law that started the hoopla.
The irony is that the McCaffertys didn’t install the pole, which was there when they moved into the home in 2005 and, some residents believe, may have been there as far back as 1950 when the residence was built.
Was the state right to remove the McCafferty family’s basketball hoop?
Like, you’d just be hanging outside the 7-11, at the abandoned skate park, chillin’ in the YMCA parking lot smoking cigs with your crew, and the cops would always show up and roust you just because they could?
Then you might know how Delaware’s McCafferty family is feeling these days after their local men in blue swept in and took down the basketball hoop on their cul-de-sac. The video of the heated confrontation between John McCafferty, the State Police and the state transportation department, DelDOT has become a viral sensation over the past week, with more than 230,000 views on YouTube.
The whole thing began last week when John's wife Melissa climbed on top of the basketball pole and refused to move after DelDOT reps showed up to yank it down, citing the state’s Clear Zone law, which prohibits hoops, trees, shrubs and other objects from being within seven feet of the pavement’s edge in subdivisions.
According to Delaware Online, the state police are conducting an internal investigation into a confrontation between the McCaffertys and a state trooper during the removal of the basketball hoop. Rep. Bryon Short said he’s working on getting the family their net back and having the fine against them waived, as well as looking into the law that started the hoopla.
The irony is that the McCaffertys didn’t install the pole, which was there when they moved into the home in 2005 and, some residents believe, may have been there as far back as 1950 when the residence was built.
Was the state right to remove the McCafferty family’s basketball hoop?
Top Opinion
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Recruit 2011/03/31 21:50:39No






















It is the responsibility of citizens to know their rights for fear they will be taken away if not used.
First, I am confident that there are a multitude of other things that workers for the Deleware Department of Transportation and the Highway Patrol could and should have been doing, rather than going around to various neighborhoods, ripping these hoops out of the ground (and tearing-up people's yards in the process). The road crew workers could have been out filling potholes, if nothing else. Considering the number of potholes we have here in Iowa, and considering that Deleware most likely gets at LEAST as much snow as we did this past winter, I have to believe that there are thousands, if not millions, of potholes that could have used these workers' attention.
Secondly, the last thing the Highway Patrol should be doing when most states and the federal government is trying to rein-in operating costs (and most are running budget deficits) is playing "hall monitor" to this example of government overreach. I'm sure Delew...
First, I am confident that there are a multitude of other things that workers for the Deleware Department of Transportation and the Highway Patrol could and should have been doing, rather than going around to various neighborhoods, ripping these hoops out of the ground (and tearing-up people's yards in the process). The road crew workers could have been out filling potholes, if nothing else. Considering the number of potholes we have here in Iowa, and considering that Deleware most likely gets at LEAST as much snow as we did this past winter, I have to believe that there are thousands, if not millions, of potholes that could have used these workers' attention.
Secondly, the last thing the Highway Patrol should be doing when most states and the federal government is trying to rein-in operating costs (and most are running budget deficits) is playing "hall monitor" to this example of government overreach. I'm sure Deleware residents would have much preferred their members of law enforcement out on their state highways, helping to ensure that the roads are as safe as possible for motorists.
And finally, as the phrase goes, "Just because you can do a thing, does NOT mean you should do a thing." The Deleware "powers-that-be" who instigated this escapade in governmental absurdity are most likely well within their legally-defined rights and responsibilities to do exactly what they did. But I would seriously doubt that any of those "powers-that-be" could provide any reasonable, nor rational, explanation why this HAD to be done. Had they received complaints from any homeowners living in this particular cul-de-sac? My impression from the article and the video (particularly the footage of the truck with a number of other hoops already lying in the back) was that this particular hoop was not a problem for anyone living in the area. If that is the case, then why on earth would anyone from the state choose to take a stand on this particular issue?! I learned long, long ago that one must "choose their battles," and save your resources and energies for those that are the most important. This was obviously not what I would consider even remotely "important."
In this situation I feel for both the families directly affected (with the hoops being removed and their property damaged) and the highway department workers (who were most likely simply doing what they were told).
In an era when an increasing number of citizens (many of whom vote in elections) have an ever-growing contempt for nearly every form and facet of government, all levels of government (and the various respective departments within them) should make some effort at not feeding that anti-government sentiment. Sometimes the things governments do is absolutely necessary, and yet can still be somewhat unpopular. And then sometimes there are things a government can do, legally, that are very, VERY unpopular, and more importantly, very, VERY unnecessary. This "hoop" fiasco definitely falls in the latter category. Shame on the "powers-that-be" in the Deleware government who suggested and directed that this be done. If anyone has been looking lately for an example of the "David vs. Goliath" aura that often times surrounds citizens when pitted against "the government," this would certainly be one to remember.
Time to send the trooper back onto the highway and the female to the nearest kennel.