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Was the State Right to Remove a Family's Basketball Hoop?

SodaHead News 2011/03/31 21:00:00
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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?

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  • TaylorSwift Fan 2011/05/02 07:13:18
    No
    TaylorSwift Fan
    yes tennessee is all green!
  • udagawa 2011/04/07 12:18:26
    No
    udagawa
    anpanman!
  • Badger 2011/04/06 16:30:00
    Yes
    Badger
    +1
    He was a fool for not checking with local ordinance and making sure what he was doing was legal. It is against the law period.
  • RobinPeta Badger 2011/04/06 16:31:23
    RobinPeta
    Absolutely, and the laws were written by the people and can be changed by the people. Are we a democracy or not?
  • Badger RobinPeta 2011/04/06 16:41:23
    Badger
    He should have moved to have the law changed BEFORE he installed his Hoop.

    It is the responsibility of citizens to know their rights for fear they will be taken away if not used.
  • RobinPeta Badger 2011/04/06 19:58:39
    RobinPeta
    Right again, of course, because you are educated and logical compared to most idiots in this poll.
  • ruben 2011/04/04 06:20:01
    No
    ruben
    very good gym the basketball bad .. on history hell will want to the president and that hitler Was Hitler good at playing basketball? ChaCha Answer: I can find nothing to support
  • Tori 2011/04/03 19:33:34
    No
    Tori
    i think that law is stupid. wat would people do to a basketball hoop that is by the side of the road. unless a drunk driver comes round the corner and rams into it than thats the drivers fault. if its off the road than i think that would be fine.
  • Nani 2011/04/03 18:30:52
    No
    Nani
    I thought this was a free country, with free people! What kind of people pass these stupid laws... it's absurd that strangers living who knows where, get to decide what we can or can not do in front of our own homes... you bought it, you pay taxes... you should have the rigtht to do whatever you want, plant whatever you want, paint the house the color you want... have a bbq in front of the house if that's what you want... and no boby, including your neighbors, should be able to take that kind of action against you!!!!!
  • jim 2011/04/03 18:11:32
    No
    jim
    there are exceptions to every rule. the cops are idiots,unless there is a public safety issue the poles should be left alone,
  • doriane 2011/04/03 17:53:02
    No
    doriane
    +2
    That's fukin dumb they bought it it's thers
  • Robbi 2011/04/03 12:34:43
    No
    Robbi
    People gripe about kids not having anything to keep themselves busy....well, the police have just freed some more of them to the streets. With ALL of the problems that there are in this world, the police have to set their sites on a basketball goal that is harming nobody, and that is essentially helping this neighborhood. I grew up playing basketball around the neighborhood....it brings back good memories. Kids should not be prevented from playing a sport because the police feel it necessary to interfere.
  • Andrew 2011/04/03 05:33:44
    No
    Andrew
    No, that should have been up to them.
  • skyking 2011/04/03 00:54:57
    No
    skyking
    get the government out of our lives. Homeowners socities are just a haven of egomaniacs
  • sml 2011/04/02 17:21:11
    No
    sml
    talk about an ASSININE law!!!!!!!!!!!!!!!!!!!!!!!!!!...
  • Job 2011/04/02 13:40:42
    No
    Job
    +1
    Comrade O'Bummer's Communist Nanny State is in control. No longer is this the land of the free.
  • TMIDGE Job 2011/04/04 11:05:49
    TMIDGE
    Present a ligitmate argument or dont say the silliness you just spouted.. Obama did not make the law, where were thepeople in that town to protest the law, as i see it, we should find out what officials, be they democrat or republican passed this law and then vote accordingly. all your hate rhetoric is inflamatory and nonsensical.
  • PM Job 2011/04/04 15:05:22
    PM
    Idiot. This is not a Federal issue, but rather a local issue, enforced by local/state police. What does Obama have to do with this? Obviously, the people of this community voted the stupid law into existence, and they are the ones enforcing it. You Rush Limbaugh followers tie everything to Obama. Get a life.
  • Zoe 2011/04/02 12:57:29
    No
    Zoe
    It's a basketball hoop for heavens sake.
  • Hamm0ckjames 2011/04/02 12:50:20
    No
    Hamm0ckjames
    +1
    Your Government at work for you today. Screwing you over and lying to your face at ALL levels. Enjoy,,,,
  • Grim Reaper 2011/04/02 08:29:12
    No
    Grim Reaper
    +1
    F*CK THE POLICE! :)
  • doriane Grim Re... 2011/04/03 17:57:52
  • Grim Re... doriane 2011/05/12 06:14:58
    Grim Reaper
    Yup.
  • TMIDGE Grim Re... 2011/04/04 11:06:36
    TMIDGE
    wow how smart is that. that oughta make them change their minds.
  • Grim Re... TMIDGE 2011/05/12 06:14:43
    Grim Reaper
    It was a joke... Do you take everything seriously?
  • paigero 2011/04/02 05:53:35
    No
    paigero
    +1
    Soooo this is why you pay taxes? So police and DOT workers can enforce "basketball hoop laws"?? Instead of focusing on actual crime or fixing the 10 foot deep pot hole that almost swallowed your car on the way to work this morning.
  • PM paigero 2011/04/04 15:07:13
    PM
    LOL!!! I agree. send the front end loader out to dig up the basketball goal, but leave the "Mother Of All Potholes" at the beginning of the street, ha, ha!!!
  • John R 2011/04/02 04:40:24
    No
    John R
    +2
    I suppose, according to the "letter of the law," the state was "in the right" to remove the hoop. If there is, and has been for some time, an ordinance as explained in the article, then the state had the right to remove it. However, the question was whether the state was right in removing the hoop. And in this situation, I would emphatically say, "NO!"

    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...





    I suppose, according to the "letter of the law," the state was "in the right" to remove the hoop. If there is, and has been for some time, an ordinance as explained in the article, then the state had the right to remove it. However, the question was whether the state was right in removing the hoop. And in this situation, I would emphatically say, "NO!"

    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.
    (more)
  • nana g 2011/04/02 04:03:55
    No
    nana g
    +2
    I would think there are a lot more important things that the state should be taking care of like getting x rated candy out of children's candy stores.
  • jfk 2011/04/02 03:43:12
    No
    jfk
    +2
    That State Trooper was as useful as teat on a boar. The unkept female with the hoodie lied her fat ugly ass off and needs to go to a hairdresser and back to grade school and learn some interpersonal skills. What a clown team the two made. Also, the way the basketball pole and backboard were removed and tossed around carelessly, was clear evidence that Dumb and Bumber were punishing the homeowners and trying to intimidate the homeowners by forcing them into their house. WTF America! Time for the little guy to speak up and clean house.
    Time to send the trooper back onto the highway and the female to the nearest kennel.
  • paulc 2011/04/02 03:05:45
    No
    paulc
    +2
    Ridiculous exercise of bureaucratic arrogance.
  • Op4 2011/04/02 02:53:53
    No
    Op4
    +1
    If it was in place for that long without problem there doesn't seem to be a pressing need to remove it now. Despite the obvious slant of the article, most of the blame for this should fall on the mindless bureaucrats who created the situation and the neighbor who made a complaint. The uniformed Trooper didn't seem to be doing anything beyond maintaining a protective presence. The female wasn't very professional in appearance or conduct, but It isn't clear from the video or the O'Sullivan article if she was with the DSP, DOT, or neighborhood watch. Whoever she's with, it looks like she could use some retraining in verbal skills. That said, she's still just doing her job and enforcing decisions made way above her pay grade.
  • ernest debrew 2011/04/02 02:46:53
    No
    ernest debrew
  • ernest ... ernest ... 2011/04/02 02:49:14
  • SKYKING 2011/04/02 02:43:50
    No
    SKYKING
    +1
    The government is out of control. it is time that we stopped them. The woman Officer and the Uniformed officer should be hung in the town square at high noon, and the workers should have thier gonads cut out.
  • RobinPeta SKYKING 2011/04/06 20:01:54
    RobinPeta
    Very civilized. Sounds like Saudi Arabia. Is that your religious side talking or just your ass?
  • wordpress 2011/04/02 02:20:13
    No
    wordpress
    +1
    More harrassment. This is not surprising, since this has not been a free country in a very long time.
  • ernest ... wordpress 2011/04/02 02:50:07
    ernest debrew
    +1
    Nothing but an excuse just to make the family/neighborhood more miserable than they already are.
  • Vick 2011/04/02 02:03:07
    No
    Vick
    +1
    Hell NO! Fight this in every court in the land and use the video as proof of a official lying to the home owner. This is government out of control.
  • Adam 2011/04/02 01:23:00
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