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Are Old Laws Funny or Dangerous?

Massachusetts has some old, sometimes funny morality laws about cursing and other no-nos. But sometimes those laws play havoc with modern-day living. Is it time to clear the books?

 

Massachusetts is famous for its out-of-date laws. The Boston Globe cites a few, like a cursing ban at sporting events. But there are other laws, passed over 100 years ago, which could complicate present-day political and legal dilemmas.

But these old laws sometimes have a major effect on modern day issues. Representative Byron Rushing, D-South End, reminded the Globe that Governor Mitt Romney used a 1913 law about residency rules to prevent out-of-state gay couples from marrying in Massachusetts. That old law was scrubbed from the books in 2008, five years after it was cited by Romney.

The 19th-century anti-abortion laws are a particularly thorny issue, according to the Globe. They may be relics of a time past, but that didn't stop the Essex County District Attorney's office from charging a woman using an 1845 statute in a 2007 case.

What do you think? Does the state need to clear out all these antiquated laws from the books, or is this a low priority for the legislature this year? Do the laws add quirk and humor to the commonwealth, or are they an embarrassing reminder of a less tolerant time? Tell us in the comments below.

Related Topics: Blue Laws, Massachusetts, Old Laws, and State House

Joe L

11:15 am on Friday, January 4, 2013

Old laws should be looked at. Just because it is old doesn't mean it's still not law. Whether it should be or not, that is another story. If the pols want to do something productive they should look at these old laws...especially when they contradict new laws that are trying to get passed. Someone once made the suggestion of having to repeal 5 laws for every new one passed. It would probably help and update our system.

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John Intorcio

11:53 am on Friday, January 4, 2013

Why stop at the State level? The Constitution is pretty old - let's scrap that as suggested by the New York Times: http://www.nytimes.com/2012/12/31/opinion/lets-give-up-on-the-constitution.html?pagewanted=all&src=ISMR_AP_LO_MST_FB&_r=0

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Daniel DeMaina

12:02 pm on Friday, January 4, 2013

To clarify John, the New York Times didn't suggest it—the author Louis Michael Seidman suggested it.

Chris Jones

2:17 pm on Friday, January 4, 2013

Describing some laws as "antiquated" suggests that a law that was good and useful in 1845 has become bad merely by the passage of time, as if laws are like fruits and vegetables and are only wholesome when they are fresh. Likewise, referring to the past as "a less tolerant time" suggests that truth and falsehood, and good and evil, change over time.

I doubt that the nineteenth century was truly a "less tolerant" time; society simply tolerated different things than it does now. Just because they lived two centuries earlier does not mean they were wrong and we are right.

If there are laws on the books which are unjust or unwise, by all means let the legislature repeal them -- no matter how old or new they may be.

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Anna Bucciarelli

9:09 am on Saturday, January 5, 2013

Excellent remarks Chris ... I'm with you all the way. Seems to me that tolerance should not be the issue at all but how the laws apply to today. Also, I cannot even begin to imagine the time taken away from more important issues to pursue which laws apply to current situations ... judges can decide the laws that apply to specific situations. Isn't that their job?

Robert L Homeyer

3:53 pm on Friday, January 4, 2013

I believe some of the old and antiquated laws should be repealed although I still find the "Do not scare pigeons" one on the books as pretty funny. I also feel they should take two laws off the books for every new one they want to add.

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Ron Powell

5:17 pm on Friday, January 4, 2013

When pigeons rule the world, you'll be sorry.

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Mike G.

8:56 pm on Friday, January 4, 2013

I, for one, welcome our new pigeon overlords...

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TomH

11:57 am on Saturday, January 5, 2013

Which came first, the pigeon or the egg?

Gene Pinkham

4:01 pm on Friday, January 4, 2013

Not as funny as it is illegal for two men to carry a bath tub across the Boston Commons on a Sunday.

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david mokal

8:45 pm on Friday, January 4, 2013

Its time to toss out the old and bring in the new. We are a far cry from being PURITANS anymore.

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coldwaterdiver

12:11 pm on Saturday, January 5, 2013

Lets start with "Thou shall not kill," & "thou shall not steal", both really old and obviously have some sort of religious basis, which in and of itself is wrong.

john nowosacki

8:39 am on Saturday, January 5, 2013

Many of our new laws and "regulations" that carry the force of law are not at all funny and are more dangerous than any of the old laws I've seen cited here. I don't find anything funny about the moral decay that has occured in the last 60 years.

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Tyler Jozefowicz

5:00 pm on Saturday, January 5, 2013

Hi John: i'd be interested in hearing more about " the moral decay that has occurred in the last 60 years". thanks; hope to hear.

David Marsters

8:52 am on Saturday, January 5, 2013

I remember one law, it pertains to backing out of driveway into traffic, it is illegal for you to do so. That was put on the books during horse and buggy days. Horse and buggy were not allowed to back out. In the law it doesn't state, horse and buggy. I forget the Chapter and section but I used it one time and was thrown out of court.

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david mokal

9:11 am on Saturday, January 5, 2013

There was also a law about spitting on the side walks. That was a good law because you don't take someones flem inside your home. I see many times that people do this even women do now. These laws were written when TB was rapant.

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David Marsters

10:22 am on Sunday, January 6, 2013

Dave, This was a city ordinance not state law, about spitting on sidewalk. What about city ordinance, if your grass is more than 6 inches high you, you would be fined or if city cut it you would be charged by the city. This was for people with allergies. I wonder if this pertained to marijuana growing in your yard?????????

cliff webb

11:53 am on Saturday, January 5, 2013

The case in Essex County was more involved than the passing statement leads one to believe. There was something wrong with the young woman who induced the miscarriage and the state; the liberal state of Massachusetts, was trying to intervene to protect her from further harming herself.
This state has some of the most readily available services from both the Planned Parenthood side of the argument to the Pro Life side and the number of abortions have decreased since the passing of the state wide health care coverage plan (which by the way was signed in to law by that person the liberals seem to hate so much; Mitt Romney).
I have no idea why the legislature does not clean up outdated laws, but it could have to do with the fact that they leave it up to the Attorney Generals office to adjudicate the laws. And they seem to do okay leaving the ones alone that are obviously arcane - such as carrying a bathtub across the commons on a Sunday.

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paul surette

1:30 pm on Saturday, January 5, 2013

If the pigeons are coming, then I'll supply the bleu cheese dressing. Mike, can you bring the Buffalo sauce, please? Mr. Mokal....no buffalo wings for you, as I know most old people can't handle spicy food :)

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david mokal

4:18 pm on Saturday, January 5, 2013

Yes thats true we Geeesers cant take the blu cheese There was a aisian resturaunt back in the 80's that did use pidgeons. Really its true cause I bought the wings there. Yes the spicy food causes we seniors to get Diarea. lol

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David Marsters

10:16 am on Sunday, January 6, 2013

David, we are not old. We can handle any hot stuff!!!!!!!!!!!!

paul surette

1:43 pm on Saturday, January 5, 2013

To Daniel DeMaina, if those 'suggestions' are on a page PUBLISHED by the New York Times, then obviously The Times AGREES with Mr. Seidman. You and I both know the Times has historically been a left-wing rag slant.

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Daniel DeMaina

1:46 pm on Saturday, January 5, 2013

So Paul, does that mean that the New York Times simultaneously agrees with everything published in their pages by Ross Douthat, one of the foremost conservative columnists in the nation? No, it does not, the same way that if Patch publishes a editorial submitted by someone, it does not mean that Patch agrees with that editorial.

paul surette

1:56 pm on Saturday, January 5, 2013

Mr. Mokal is correct about tuberculosis, but incorrect on the manner in which it's transmitted. I work in healthcare in case you decide to dispute my remark :) TB is making a huge comeback in the U.S. I can't divulge how many positive results we get in our lab, but it's pretty high!

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david mokal

4:14 pm on Saturday, January 5, 2013

Yes Paul I heard this a swell and antibiotics will not combat it either. There are many deseases that are changing and the cures for it. My 2 Daughters your age are ER Nurses as well.

Reverend E. Raleigh Pimperton III

5:43 pm on Saturday, January 5, 2013

I read that Arlington once had a law regulating leaf blowers. That can't be true, can it?

Reverend E. Raleigh Pimperton III

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Anna Bucciarelli

6:29 pm on Saturday, January 5, 2013

Not sure if it is Arlington but, indeed, one of our towns does ban leaf blowers because, believe it or not, of the "noise" factor. The question was asked on the Chelmsford Patch how we'd feel about such a ban ... my response was that I LOVE my leaf blower to blow snow off my shrubs during winter and would never give it up even if I'm fined. Too much work and love and $ has gone into my garden and shrubs and the leaf blower has saved them from total destruction for many years now. Blowing leaves? OK, but that is not my prime purpose.

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Margery Bagley Welch

12:32 pm on Monday, January 7, 2013

Yes Reverend, Arlington banned leaf blowers - I think last summer. Because they were too loud. Stupid if you ask me.

P. Pseudonym

8:51 pm on Saturday, January 5, 2013

Q: Are old laws funny or dangerous?
A: Sometimes.

What's the fine for omitting a comma?

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Kathy Custer

10:21 am on Sunday, January 6, 2013

Patch ate my first comment :(

Old laws are hilarious until they're used against you.

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Margery Bagley Welch

12:34 pm on Monday, January 7, 2013

I heard there was a law that if your horse was spooked by a "horseless carriage", then the horse rider could order the carriage rider to dismantle and bury the carriage. Is that true? If yes, that would be a crazy one if still in effect.

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Roger Lincoln

12:59 pm on Thursday, January 10, 2013

From http://blog.chron.com/hoofbeats/2008/03/more-strange-horse-laws
"Pennsylvania law states: “Any motorist who sights a team of horses coming toward him must pull well off the road, cover his car with a blanket or canvas that blends with the countryside, and let the horses pass. If the horses appear skittish, the motorist must take his car apart, piece by piece, and hide it under the nearest bushes.”

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