Wednesday, August 6, 2008
So-Called "Pilfered Lobster" Towing Incident In Massachusetts
So, obviously, this blog cries out against abusive and predatory towing. That's my primary concern. But every now and then, in the interest of justice, it's necessary to change course...and actually COME TO THE DEFENSE of a towing operator caught up in the middle of a controversy...
And this is one of those times.
The story is simple. A tractor-trailer wreck in Massachusetts caused a bunch of lobster to lack refrigeration for a period of time, and a health inspector ordered the lobster destroyed. Yeah, right. Throw away LOBSTER because it's been out of the fridge a little too long.
Ha ha. That's a good one.
The towing operator responsible for hauling away the damaged truck did the environment, society and the company responsible for the sort of spoiled cargo a huge favor by taking the lobster off their hands. What happened to it after that? Hard to tell. This article doesn't reveal the fate of the lobster, which were of course doomed anyway, so better for them to be eaten rather than go to waste. I don't care if he gave it to his friends, his family, HIMSELF. He saved the earth's resources from going to waste.
For the record, the Bill Emerson Good Samaritan Food Donations Act may have something to say about this incident--or a liberal interpretation of the spirit of this law may be relevant. If some of that lobster went to hungry people--and I really suspect it did--then what did it matter as long as nobody got sick? Dinged, damaged and expired food can be donated under this act to, for example, soup kitchens and homeless shelters. Even if the food was spoiled, as long as there was no gross negligence in its donation, there is no liability for making the donation.
I've advocated in the past for an expansion of this law to include a "Munificent Manger" provision allowing expired and/or damaged or second rate food to be donated to employees. Well, heck, I've also advocated for more publicity to let people know the Bill Emerson Good Samaritan Food Donation Act even EXISTS.
Get off this towing operator's back. He did a good thing.