“A federal judge said he will likely dismiss a lawsuit that attacks the state’s ban on dwarf tossing.

“U.S. District Judge Steven Merryday said at a hearing Monday that he will likely grant a motion for summary judgment that will stop a Tampa man’s lawsuit at its early stages,” Tampa Bay Online reports..

David Flood, who is a dwarf and a local radio personality, sued last year. He claims the law unfairly singles out people with dwarfism and prevents them from earning a living in what were popular contests at college campus bars in the 1980s.

Mr. Flood’s right, by the way. What business does the government have telling this guy he can’t engage in what amounts to stunt work for profit? I mean, what’s next, a ban on dwarf magic shows? Let’s assume Florida — like all states — already has laws against tossing dwarves around against their will. The question then becomes: who are they claiming to protect, here? A case can be made for requiring a license (on public safety grounds). But a ban?

Merryday said he likely will end the case because ‘there’s no case in controversy here.’ He said the statute apparently doesn’t really prohibit dwarf tossing, because there are no rules in place to enforce it.

Although the law is on the books, there are no agency rules on enforcement. The law simply states that bar owners can be subject to fines and losing their liquor license.

Oh. Well that makes it alright, then. The state won’t punish the dwarf — just threaten to punish those who might hire him with the loss of their livelihoods.

I’d never thought I’d say this, but add “dwarf tossing” to prostitution and marijuana use on the list of victimless crimes the government has no business meddling in.

[link via Heretical Ideas

[additional post: Rand Simberg’s “When we can’t toss dwarves, the terrorists win“]