Jacob Sullum | April 18, 2008
Remember the 13-year-old girl who was strip-searched because her vice principal thought she might be hiding ibuprofen in her underwear? The rationale in that case (to the extent that one can be divined) was that, while you can't actually use ibuprofen tablets to get high, they sorta look like things (hydrocodone, Valium, MDMA, etc.) that you can use to get high. A similar kind of quasi-reasoning was behind the three-day suspension of an 8-year-old boy from Harris Park Elementary School in Westminster, Colorado, for the offense of marker sniffing:
[Eathan] Harris used a black Sharpie marker to color a small area on the sleeve of his sweatshirt. A teacher sent him to the principal when she noticed him smelling the marker and his clothing.
"It smelled good," Harris said. "They told me that's wrong."...
[Principal Chris] Benisch stands by his decision to suspend Harris, saying it sends a clear message about substance abuse.
"This is really, really, seriously dangerous," Benisch said.
In his letter suspending the child, Benisch wrote that smelling the marker fumes could cause the boy to "become intoxicated."
A toxicologist with the Rocky Mountain Poison Control Center says that claim is nearly impossible.
Dr. Eric Lavonas says non-toxic markers like Sharpies, while pungent-smelling, cannot be used to get high.
"I don't know whether it would be possible for a real overachiever to figure out a way to get high off them," Lavonas said. "But in regular use, it's just not something that's going to happen."
"If you went to Costco and bought 50 bags of Sharpies and did something to them, maybe there's a way to get creative and make it happen," Lavonas said.
Adams County School District 50 leaders were unfazed by the poison control center's medical opinion.
"Principals make hundreds of decisions everyday based on our best judgment. And in that time, smelling that marker, I felt like, 'Wow, that's a very serious marker,'" Benisch said.
After all, the kid admits the marker "smelled good," which means he enjoyed sniffing it, which means it chemically stimulated the pleasure center of his brain, which makes its impact biochemically indistinguishable from that of a drug. I assume Harris Park Elementary School also bans flowers, perfumes, and fragrant food.
Have you ever heard of a case like this where school officials apologized and admitted they overreacted? Instead they circle the wagons and insist that their actions, no matter how objectively idiotic, were perfectly justified in the circumstances, what with the grave danger that [fill in the blank] poses to the youth of America. In this respect public school officials resemble the Transportation Security Administration. But at least the TSA has been known to change stupid policies once in a while, even if it doesn't admit how stupid they were to begin with.
[via The Freedom Files]
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Why should they care?
What are their "customers" going to do, leave?
The business model of a tax-payer funded school has more in common
with a Mafia protection racket than with a Walmart.
Is it any wonder that public school officials behave abusively
toward their victims?
I assume Harris Park Elementary School also bans flowers,
perfumes, and fragrant food.
Have some more schloppy joes! I know you likes 'em schloppy! Mua ha
ha!
I still cannot believe that this is allowed to go on by the
parents. I guess I'm from a different time, but for me this seems
like a situation where the parents would go into the principal's
office and say "take this absurd thing off his record or we will
sue your ass and publicize this".
Wouldn't having every parent of every kid in the school calling in
dent this guy?
I would give a nontrivial probability to the likelyhood that freedom files first found out about this from reading Reason.
Am I the only one that sniffed a Sharpie after reading this to see what it smelled like?
"Principals make hundreds of decisions everyday based on our
best judgment. And in that time, smelling that marker, I felt like,
'Wow, that's a very serious marker,'" Benisch said.
GAH! What is it about journalists/reporters?! Why can't they learn
ENGLISH?!
Why punish the kid when he did not know he did anything "wrong". There is no mens rea. Wouldn't it just make more sense to explain to the kid that smelly solvent fumes are not healthy to breath. I am sure an 8 year old would understand this, my 8 year old got it when I saw her smelling a marker. No, they have to go completely overboard.
I guess I'm from a different time, but for me this seems
like a situation where the parents would go into the principal's
office and say "take this absurd thing off his record or we will
sue your ass and publicize this". Wouldn't having every parent of
every kid in the school calling in dent this guy?
No, because that's not how grade school politics work. The rest of
the parents and children in the school would gossip about how that
child has a drug problem and is a drug abuser. The parents of the
child would be suspected of child abuse for complaining about the
charges, and the child would be observed by child services or
possibly removed from their custody.
I know this from past personal experience.
When I was in grade school, the best part of taking tests was
smelling the freshly mimeographed paper. (In college I waited until
after finals to kill off a few brain cells.)
I bet if a school had a mimeograph room to make copies today, a
fully suited HAZMAT team would be required to clean it up.
Have you ever heard of a case like this where school
officials apologized and admitted they overreacted?
Sometime, somewhere, a public school administrator must have
admitted to a rectal-cranial inversion problem. Some reasonoid will
probably point a case out. But it would be a rare thing.
Am I the only one that sniffed a Sharpie after reading this
to see what it smelled like?
I am not sure what is in it, it smells like some kind of alcohol,
isopropyl maybe? Remember when markers smelled like toluene?
Does anybody else remember those markers that are designed to smell good? The orange marker smells like (candy) oranges, red smells like cherry, etc. I assume those have been discontinued and are now treated like candy cigarettes.
I bet if a school had a mimeograph room to make copies
today, a fully suited HAZMAT team would be required to clean it
up.
Yes, because they used to use carbon tetrachloride I think.
http://msds.chem.ox.ac.uk/CA/carbon_tetrachloride.html
Does anybody else remember those markers that are designed
to smell good? The orange marker smells like (candy) oranges, red
smells like cherry, etc.
Yes, they were cool.
I assume those have been discontinued and are now treated like
candy cigarettes.
I dn't know, I think they were harmless?
The purpose of public education is to teach kids unquestioning
obedience to the arbitrary whims of authority figures.
This isn't a mistake, things like this happen by design. Children
need their spirit broken, just like horses need to be broken,
before they become useful.
mike -
Actually, strangely, i think they're still on the market.
Yup:
http://www.amazon.com/exec/obidos/ASIN/B000F8XIYW/reasonmagazineA/
Prediction:
The next one of these sorts on incidents will involve a student,
age 10 or less, being suspended for drawing a tree in art class
that sorta resembles a pot leaf.
In addition, one of the authority figures will use the phrase "it
sends a clear message" at some point.
Not only is he an idiot but he runs a crappy school. Great
Schools rates his 341 student school 3 on a scale of 10. The
parents give it two stars on five star scale.
This kind of stuff makes my head explode. I need a drink.
I still cannot believe that this is allowed to go on by the
parents.
Amen.
I lived with Nana (paternal grandmother) when I was in
kindergarten. I flunked hopping. Yes, the great academic failure
that stopped me from a career in politics was hopping. Nana wasted
no time marching to the school and upbraiding everybody she could
find. Her rtghteous indignation became a family legend. She would
have visited bloody carnage on the school over an incident like
this.
When he was little, my boy used to love the smell of lacquer
thinner. I had a talk with him about that. :-)
And Epi, about that parent thing. I remember my younger sister got
sent to the office for some stupid thing. When the vice principal
looked at her name he said: is TWC your older brother? She
replied that I was and the vp immediately told her to run along
back to class. He apparently did not want to speak with my father
about the problem.
After all, the kid admits the marker "smelled good," which
means he enjoyed sniffing it, which means it chemically stimulated
the pleasure center of his brain, which makes its impact
biochemically indistinguishable from that of a drug.
I always smeared my kids with poop, just to be on the safe
side.
Wow, J sub... do you mean "hopping" as in bouncing-up-and-down-on-one-foot? That sounds more like a class they'd have now. What about the class of "saying nice things about myself?" Surely there are some of those.
We need to retroactively arrest everyone in Mr. Hand's class for sniffing the freshly copied paper.
Have you ever heard of a case like this where school
officials apologized and admitted they overreacted?
No, but I did read about a wrong door drug raid where the cops not
only apologized, but acted civilly, admitted that they had the
wrong house (despite the fact that they were at an address they had
targetted) and quickly sent someone to repair the window.
But it happened in Britain. Link
here
Instead of junkies crazed on crack, however, they found school
dinner lady Kathleen Oldham sitting in her dressing-gown enjoying
an early-morning cup of tea.
At that point they realised they had blundered.
"Sorry, love, wrong house", they said and immediately departed
leaving a female colleague behind to make a more effusive
apology.
Miss Oldham was presented with a bouquet of flowers and workmen
arrived promptly to repair her front window.
Yesterday Greater Manchester Police issued a public apology to the
58-year-old dinner lady over the bungled raid on her home in
Bolton.
"As part of an ongoing operation to target drug-related crime,
officers entered the wrong house," said a spokesman.
"Officers will be reviewing what went wrong in order to make sure
this doesn't happen again."
Miss Oldham's was one of a number of addresses targeted by police
in a series of raids.
Why punish the kid when he did not know he did anything
"wrong". There is no mens rea.
Welcome to our strict liability world, Tym.
Instead they circle the wagons and insist that their
actions, no matter how objectively idiotic, were perfectly
justified in the circumstances, what with the grave danger that
[fill in the blank] poses to the youth of America
ANd this is the main reason why MANY MANY lawsuits happen in
America. The unwillingness of entities (government, corporate,
individuals etc) to just admit that mistakes were made or that the
policy needs to be revisited or whatever.
People get screwed and fucked over all the time, and no one gives a
shit to try and make amends or right their wrongs or even pretend
like they give a damn how the victims are negatively effected.
Does anybody else remember those markers that are designed
to smell good? The orange marker smells like (candy) oranges, red
smells like cherry, etc. I assume those have been discontinued and
are now treated like candy cigarettes.
The good ones come from Mexico and they smell just like you
remember from when you were a kid. Half the excitement of scoring
some is the nostalgia, at least for me. It will take you back, stir
you up, leave you ready to dangle from the monkey bars all recess,
like when you were 8. That's probably not what you're going get
hold of if you go looking though.
These days, most scented markers are cooked up by some sketchy
bastard in a trailer park with pots of juice, aluminum and god
knows what else. The liquid is soaked in cotton, which is wrapped
in a hard plastic film and placed in the shell of a commercial
Sharpy.
The ingredients are usually dirt cheap. The cherry juice that goes
into your bathtub markers isn't the R. W. Knudsen shit you buy at
Trader Joe's. If you're lucky, it's Juicy-Juice - mostly malus
domestica, with a little bit of cherry thrown in to fool your sense
of smell. More likely, it's cut with HFCS.
"Cinnamon" is almost never the zeylanicum you used to do in class.
Generally it's burmannii, and causes brain lesions.
Even if you can score a commercial grade set, it's just not worth
going there these days. I've seen too many people slip into buying
whatever they can score that weekend. When insensible in the
hallway of some stranger's apartment, the acrid scent of the
ammonium chloride from the "licorice" you just did is burning in
your rainbow-colored nose, you'll wish you'd never tried to go
back.
When I was a kid I used to love the smell of gasoline at pump
stations. Is it just me, or has the smell of gasoline changed too?
Can it be due to the change from leaded to unleaded?
Just wondering. TGIF.
Hey Phlogiston, how many markers did you sniff before you wrote that post?
smelling the freshly mimeographed paper
Good times. And the ink was blue! If the teacher was hot, that's
what you'd call a trifecta.
Is it just me, or has the smell of gasoline changed
too?
No, it's pretty much the same. I mean, when I'm huffing it, I
shellack fuzzy toad-launchers erstwhile fertilizing retrograde
ducks.
Kids today have it so easy. To get out of class I would've had to take the marker and written "Miss Hines is an ugly fat cow" all over the wall to get out of class. Now you just pop the cap and sniff it.
JLM | April 18, 2008, 1:14pm | #
Am I the only one that sniffed a Sharpie after reading this to see what it smelled like?
I think I'll cross-post that to a cop-talk website.
JLM is going to be SO surprised at 3 AM on Sunday.
Next on the nanny-state no fun list;
spinning around to get dizzy
rubbing eyes to get the kaleidoscopic visual effect
Instead they circle the wagons and insist that their
actions, no matter how objectively idiotic, were perfectly
justified in the circumstances, what with the grave danger that
[fill in the blank] poses to the youth of America
ANd this is the main reason why MANY MANY lawsuits happen in
America. The unwillingness of entities (government, corporate,
individuals etc) to just admit that mistakes were made or that the
policy needs to be revisited or whatever.
Chicago Tom -- I think, for the most part, you're confusing cause
and effect. In America, admitting you did something stupid and
apologizing sets you up for a lawsuit -- a lawsuit you will lose
because you effing admitted liability.
The lawyers are driving much of this behavior, though, yes,
sometimes NOT apologizing will get you sued too. It's playing legal
Russian Roulette trying to decide whether doing the right thing
will backfire or not.
Have you ever heard of a case like this where school
officials apologized and admitted they overreacted?
Perhaps not an apology and an admission of an overreaction, but
I've seen school officials admit they were wrong.
http://www.firstamendmentcenter.org/news.aspx?id=12916
You know it's written right on the side of a Sharpie "non-toxic". Does anyone know the chemical that gives it it's smell?
The rationale in that case (to the extent that one can be
divined) was that, while you can't actually use ibuprofen tablets
to get high, they sorta look like things (hydrocodone, Valium,
MDMA, etc.) that you can use to get high.
SEIZE ALL M&MS AND SKITTLES NOW!!
Please God, won't someone think of the children?!?!?!
"Even if you can score a commercial grade set, it's just not
worth going there these days. I've seen too many people slip into
buying whatever they can score that weekend. When insensible in the
hallway of some stranger's apartment, the acrid scent of the
ammonium chloride from the "licorice" you just did is burning in
your rainbow-colored nose, you'll wish you'd never tried to go
back."
You owe me the Coca Cola I just ruined by snorting it back into the
can and out of my nose at the same time.
Experimentation with markers is a proven gateway to crayon
addiction.
lawl
"The good ones come from Mexico and they smell just like you
remember from when you were a kid"
I'm in Venezuela and I'm sniffing a marker as I type.... Nice...
The smell kinda sticks in your throat...Coworkers are looking at me
strangely...
Chicago Tom -- I think, for the most part, you're confusing
cause and effect. In America, admitting you did something stupid
and apologizing sets you up for a lawsuit -- a lawsuit you will
lose because you effing admitted liability.
I disagree with this. I have seen this stated before, but I don't
buy it. In fact, there have been lots of studies recently in
regards to medical malpractice that showed that patients are less
likely to sue if doctors would apologize or admit when mistakes
happen.
I've also seen studies like this that refute the whole "don't
apologize or say anything that might indicate fault after an
auto-accident".
Most people are reasonable. They understand that mistakes happen.
But they get pissed when those who make mistakes want to ignore
them or pretend "oh that's not a bug...that's a feature". Most
people DON'T want to sue. (it is a hassle and can be costly) Most
people really get motivated to sue when they start to feel
powerless/helpless and feel they are being victimized or taken
advantage of. Refusing to admit a mistake and to take proper steps
to remedy that mistake push people to sue.
I'm sure that there are some who will treat an apology like a cause
for a lawsuit, but I don't think that's the majority of the cases.
Apologizing doesn't set you up for a lawsuit, being a douchebag and
acting like you are infallible and whoever questions your mistakes
sets you up for a lawsuit.
Even in this example. The fact that the school insists that there
is something wrong with smelling a marker that one can't get high
off of, and insists on disregarding toxicologists that contradict
the schools position would cause me to sue their asses. If they
would have said "in light of this new information, our bad. Let's
do what's best for the kid and get him back into school as soon as
possible" most people would consider that an appropriate
response.
Whatever happened to model airplane glue?
Am I waxing nostalgic for a simpler time?
I'm waxing nostalgic about Radley's post on this topic on
April 4th. Several of us wrote letters...
looks as though none of us received replies, and none of us got our
message across to any effect.
Poo
"Whatever happened to model airplane glue?
Am I waxing nostalgic for a simpler time?"
Built many a model airplane in my day, WWII fighters were my
favorite subject. I always used the Testors tube glue or the
bottled liquid, not the lemon smelling crap that couldn't stick 2
things together if your life depended on it.
The glue smell did not appeal to me and I had to have a window open
or I would get a major headache.
I would give a nontrivial probability to the likelyhood that
freedom files first found out about this from reading
Reason.
Nope. When I find something here, I attribute it. For instance, I
passed on the photo of the NAZI Olympic question earlier this
morning, with a link back here.
Instead of guessing, check out the blog for yourself.
- Rick
"Coca Cola used to smell good, too."
I know that when I used to get the ice cold 6 1/2 oz. bottles of
Coke for a nickel when I was a kid and take a big swig, it brought
tears to my eyes. Coke now days doesn't do that and I miss it.
"That's a very serious marker"? GTFO. Is this guy seriously a
member of a comedy troupe cleverly disguised as a principal?
rana: It's entirely possible that gasoline did smell different.
Many lead compounds taste sweet (which is what makes them
especially dangerous around little kids) so it wouldn't surprise me
if they smelled sweet in leaded gasoline too.
I know that when I used to get the ice cold 6 1/2 oz.
bottles of Coke for a nickel when I was a kid and take a big swig,
it brought tears to my eyes
Did you drink it with your Whaa-burger and French Cries?
I remember when my conservative dad told me that 'Mad' magazine
would "warp my mind" while they extolled the virtues of sniffing
glue (circa 1975).
'Mad' turned out to be a gateway drug as I soon left it for the
hard shit - 'National Lampoon'.
Sadly - they are both irrelevant today....
I disagree with this.
Thank you for making this point, and making it well, ChicagoTom! I
was tempted to say what you sed, but you sed it better.
The position of principal at Harris Park Elementary School could probably be handled adequately by a volunteer aid with good judgement, or at least a minimum wage employee. If this is what he does, can't the school system save money by perhaps eliminating the position?
Not be rude, but when I was in college the education majors
weren't the sharpest knives in the drawer. I used to rank them
right above the phys ed folks but below hospitality management,
until I found out phys ed majors had to take actual medical
classes.
Hell, they all probably wound up making more money than I do.
"[T]here have been lots of studies recently in regards to
medical malpractice that showed that patients are less likely to
sue if doctors would apologize or admit when mistakes
happen."
Less likely to sue, yes, but probably more likely to win because of
the admission of fault.
Our legislatures could probably fix this with law saying that a
spontaneous apology and offer of compensation cannot be used as
evidence of fault in a civil suit. After all, the same thing passed
through a lawyer---i.e. a settlement offer---cannot be used as
evidence.
When I was in elementary school everyone had to have their own set of colored markers to use for art projects. The school did not supply them. It was a status symbol to have a set of those delicious fruit-scented markers. I don't remember the brand and I never had my own. But I smelled them every chance I got. That was the point of them, after all. I guess those would be forbidden now. And yeah, we loved to smell fresh mimeographs as well.
A simple fix would be for kids to start sniffing markers whenever this principle can see them. Force him to choose between being an idiot and wising up. Three days out of school will be a great incentive for the kids as well. I bet it would catch on and half the school population would start doing it.
Vanessa,
Mr. Sketch
Go ahead and get some. It's a memory worth reliving :)
For those of you who were wondering whether they still sell
scented markers:
http://www.officedepot.com/a/products/203034/Washable-Watercolor-Markers-Scented-Assorted-Colors/
Sweet! Between this and the lawn darts suggestion, I've got Christmas for the younglings almost completely taken care of. One more thread and I should have it.
A simple fix would be for kids to start sniffing markers
whenever this principle can see them...
Opps. I meant unprincipled principal of course.
a spontaneous apology and offer of compensation cannot be
used as evidence of fault in a civil suit
are you aware of any real life cases where a spontaneous apology
has been used in this fashion?
OK, usually I go berserk about these school-setting absurdities,
but just this once I am going to play Devil's Advocate.
Perhaps with children below a certain age, blanket prohibitions on
certain activities are appropriate, in order to make the bucket big
enough to stop dangerous activities, while keeping the rule simple
enough for a 7 year old to understand it.
Let's say that we want to make sure that none of the kids eats any
of the poisonous mushrooms that sometimes grow in the soccer field.
We could try to teach a bunch of 7 year old kids what mushrooms are
harmful and what ones aren't, or we could simply forbid utterly the
eating of any mushroom found in the soccer field.
A kid might break that rule one day, but not hurt himself, because
he was lucky enough to eat a palatable mushroom and not a poisonous
one. But despite the lack of toxicity in the mushroom he actually
ate, we might want to stil punish him, in order to maintain a rule
that protects the students from doing something potentially
harmful.
No, this is a serious marker.
This is an even more serious marker:
http://www.imdb.com/title/tt0056119/
"are you aware of any real life cases where a spontaneous
apology has been used in this fashion?"
No, but I haven't been looking. It's pretty clear that people are
worried about it, however.
For example, my car insurance company tells me not to admit fault,
and I'm pretty sure that doctors are told by their malpractice
carriers to admit nothing if they make a mistake.
I've read summaries of lawsuits where it seems like the problem
could have been dealt with quite simply, but the defendent suddenly
stopped talking to the plaintiff---obviously for legal
reasons---and the plaintiff had no choice but to sue.
I've read summaries of lawsuits where it seems like the
problem could have been dealt with quite simply, but the defendent
suddenly stopped talking to the plaintiff---obviously for legal
reasons---and the plaintiff had no choice but to sue.
Which kind of reinforces my point. Instead of choosing to engage
with the aggrieved. they decided to just play defense. And the
aggrieved feels backed into a corner.
Obviously there are exceptions, but I think treating people with
valid complaints with respect rather than disdain goes a long way
to avoid costly litigation.
It's quite possible to correct a mistake for a customer without
admitting you made a mistake...it happens in every private business
every day. "Because we value you as a customer, we'll pay for
repairs to your windshield wiper blades." I used to say it every
friggin day working at the car wash, and we never admitted it was
our fault that their wiper blades broke off in the car wash.
For some reason, public school bureaucrats don't seem to get the
same training. Surprise.
OK, usually I go berserk about these school-setting
absurdities, but just this once I am going to play Devil's
Advocate...
Let's say that we want to make sure that none of the kids eats any
of the poisonous mushrooms that sometimes grow in the soccer field.
We could try to teach a bunch of 7 year old kids what mushrooms are
harmful and what ones aren't, or we could simply forbid utterly the
eating of any mushroom found in the soccer field.
I'll play with the devil.
Teach something to a bunch of 7 year olds? That's down right crazy.
You would need a school or something for that. How about instead of
teaching kids not to put their fingers in light sockets we just ban
all electricity? Problem solved.
Let's say that we want to make sure that none of the kids
eats any of the poisonous mushrooms that sometimes grow in the
soccer field. We could try to teach a bunch of 7 year old kids what
mushrooms are harmful and what ones aren't, or we could simply
forbid utterly the eating of any mushroom found in the soccer
field.
What are the mushrooms in your analogy? Just markers, or anything
that has a novel smell?
If the former, that's silly because sniffing any sort of marker is
highly unlikely to be dangerous. If the latter, you're forbidding
utterly a gigantic part of normal childhood experience.
+1 What Chris Potter said.
Yeah, there's probably a case out there where some asshole took a
courteous offer of help as an admission of guilt and tried to make
a case out of it, but I'll bet that the cases where it avoided
further hassle (and perhaps even ensured repeat business) far
outweigh the cases of jerks turning a gracious offer against
you.
When my wife caused a car accident, she was clearly at fault, and
we did everything we could to keep the driver and passenger of the
other car happy that rainy evening. We knew our insurance rates
were going up because of the fault, and we were just trying to make
sure that we didn't get the double whammy of a lawsuit above and
beyond the insurance claim. Irate people sue. People who feel like
they're being treated fairly don't.
Hey, Thanks Bronwyn & Michael! I might have to pick some up
tomorrow.
It says they are safe...but can we trust them?
For the health and safety of my children, I am so glad to be have left the USA. You North American residents deserve the protection you have been demanding.
I'm curious what paradise you ended up in, LiP...
Oh, and Happy Patriot's Day, everybody.
Thank God this shit wasn't the norm when I was that age. The whole fucking school would have been sent home for sniffing "dittos", the term we gave to those mimeographed sheets that were handed out. There is a scene in the movie "Fast Times at Ridgemont High" that perfectly recreates this.
Thank god I don't live in the sticks. Man, there should be a law against hicks.
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